Five-Year Airport Engineering Architectural and Related Consulting Services FINAL DRAFT.pdf

TOMPKINS COUNTY

GENERAL INSTRUCTIONS TO BIDDERS

IMPORTANT NOTICE

Responses submitted to any Request for Bids, Request for Proposals, or Request for Qualifications become the property of Tompkins County and are subject to the County’s Public Information Policy. Any confidential information, such as a company’s financial status, if required by the specifications, shall be submitted in a separate sealed envelope with the word “CONFIDENTIAL” on the outside.

Minority Business Enterprises (MBEs’) and Women Business Enterprises (WBEs’) are encouraged to respond.

NOTE: Bidder/Proposer/Respondent are used interchangeably in this document and refer to a person or organization making a formal offer

PROJECT IDENTIFICATION

1. Title: Five-Year Airport Engineering, Architectural, and Related Consulting Services

2. Requesting Department: Ithaca Tompkins International Airport

3. Due Date/Time: October 14, 2026 by 2 PM ET

PURPOSE

The intent of these specifications is to furnish information to prospective bidders in order to obtain proposals for the

Five-Year Airport Consultant at the Ithaca Tompkins International Airport.

PROPOSAL DOCUMENTS

Complete sets of RFQ Documents must be used in preparing bids/proposals. The County does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Documents.

DETAILED SPECIFICATION

In order to be considered for selection, your qualification submittal must include the following:

1. Name and overall size of firm.

2. Location of offices with a description of the size and specific location of the office that will provide the proposed services.

3. A statement of interest in performing the proposed services to include how your firm serves airport clients.

4. A statement of qualifications to include recent specialized experience in aviation related projects including planning, environmental, FAR Part 77 studies, land acquisition, engineering/architectural (i.e. runways, taxiways, aprons, lighting, navaids, buildings, roads, fuel, etc.) and construction services in accordance with Federal Aviation Administration and New York State Department of Transportation requirements. The following is a list of some of the items but can also include additional services:

- Airport Master Planning and Layout Plan

- FAA/State Grant Assistance

- Capital Improvement Program Development

- Runway/Taxiway Improvements

- Pavement Rehabilitation

- Terminal Improvements

- Apron and Landside Improvements

- Environmental Documentation

- Surveying

- Design & Construction Administration

- Construction Inspection

- Airport Planning & Development

- Passenger Facility Charges (PFC) Applications and Assistance

- SPDES Testing and Reporting

- ACDBE

- Small Business Element

5. A list of a minimum of six (6) references including name, address, and phone number. The references should be for municipal airport clients where you have provided airport engineering services similar to those requested. Preference should be given to listing references familiar with your experience with the

New York Airport District Office of the FAA and the New York State Department of Transportation, Aviation Bureau.

6. A list of other airports presently served.

7. The names and qualification resumes of those individuals in the office designated to provide these services who will work on our projects.

8. If applicable, the names of subconsultants or associate consultants or joint venture partner consultants who would be engaged by your firm including their background, relevant experience, key personnel, location of offices that would provide services, etc. (All as outlined for the prime consultant.)

PROPOSAL EVALUATION

To be reviewed, a proposal must be complete and must comply with all requirements of this RFP. A proposal may be excluded from funding consideration for any of the following reasons:

• Goals or outcomes that are not in accordance with objectives of this program

• Did not follow RFQ guidelines, i.e.: More than thirty (30) total pages; and/or forms not completed; and/or not meeting proposal submission deadline date and time.

• Activities specifically not allowed by Federal, State, or local laws

• History of contract non-compliance or poor past or current contract performance

• Training site and facilities not in full compliance with the Americans with Disabilities Act (ADA)

A committee of Airport Administration, County Administration and the Air Service Board, will review and score proposals based on the criteria noted below. It is the intent to notify the consultant of a decision on or before

December 15, 2026.

SELECTION CRITERIA

Proposals meeting the minimum RFQ requirements will be evaluated based on, but not limited to, the following criteria:

Qualifications of the Firm: Preference shall be given to those firms with experience in airport architectural, engineering, planning and environmental analysis related to each scope of service.

Qualifications of the Project Team (Key Staff): Preference shall be given to those with key staff experience in items

Firm Capabilities – total possible points - 200

- Names, roles & Experience in airport design, and construction engineering – 0 to 20 pts.

- Ability to complete all project aspects in-house or specify outsourced areas – 0 to 20 pts.

- Experience with FAA project documentation, certification and meeting FAA standards – 0 to 20 pts.

- Past Airport Projects – Minimum of five airport projects – 0 to 20 pts.

- References – Minimum of six airport references - 0 to 20 pts.

- Workload & Staffing – current capacity and ability to meet deadlines – 0 to 20 pts.

- Project Phases – details of design, construction engineering and communication of all phases – 0 to 20 pts.

- Project Management – approach to completion dates, change orders, amendments, closeouts, and other documentation – 0 to 20 pts.

- Other areas of RFQ (ACDBE, Small Business Element, SPDES Testing, etc.) – 0 to 20 pts.

- General Information – geographic proximity, familiarity with airport projects, etc. - 0 to 20 pts.

SUBMISSION of QUALIFICATIONS

1. RFQ and any other required documents shall be submitted online through the Tompkins County website at:

www.tompkinscountyny.gov/purchase and selecting ‘Open Solicitations’. This will take you to Bidnet Direct where the RFQ information is posted for the public. Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607)

274-5500 for further instructions.

2. Bids shall be uploaded and responded to no later than the date and time indicated in the Notice to Bidders and/or the Bid Identification section above.

3. Tompkins County reserves the right to reject any or all bids in whole or in part, to waive all informalities, and to disregard all non-conforming, non-responsive or conditional bids.

*NOTE: If you experience difficulty submitting your bid, contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500. If you do not receive a response from the Purchasing

Division, you may contact the Finance Team (607) 274-5544.

TERM of BID/CONTRACT:

The term of this contract begins January 1, 2027 through December 31, 2031

QUALIFICATION of BIDDER

1. All bidders shall submit the Vendor Responsibility Questionnaire, also included as part of the RFQ specifications, as part of their bid/proposal.

2. Tompkins County may make such investigations it deems necessary to determine the ability of the bidder to provide the services and/or goods described within the specifications. The bidder shall furnish to the County all such information and data for this purpose as may be requested within five (5) days of such request.

DISQUALIFICATION

1. The County reserves the right to refuse to award a contract to a prospective bidder should such bidder be in default for any of the following reasons:

(a) Failure to comply with any pre-qualification regulations of the County, if such regulations were cited, or otherwise included in the Bidding Documents as a requirement for bidding.

(b) Bidder’s failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the County issues Bidding Documents to a prospective bidder.

(c) Bidder’s default under previous contracts with the County.

(d) Bidder’s unsatisfactory work on previous contracts with the County.

2. Bids/proposals received from bidders who have previously failed to complete contracts within the time required may be rejected. A bid may be rejected if the bidder cannot show that it has the necessary ability to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or time specified. A http://www.tompkinscountyny.gov/purchase mailto:purchase@tompkins-co.org bid may be rejected if the bidder is already obligated for the performance of other work which would delay the commencement, performance, or completion of the work if the bidder is not able to demonstrate the ability to fulfill the requirements of the bid/proposal in a manner agreed upon by the County and the Bidder.

3. Tompkins County reserves the right to reject any bid/proposal if the information submitted by, or investigation of, such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

4. Proposals will be considered irregular and shall be subject to rejection for the following reasons:

(a) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous.

The County reserves the right to award the Contract to the Respondent who submits the proposal that proves to be in the best interest of the County. The County has the sole discretion and reserves the right to cancel this request, reject any/all responses, award in part or in whole, to waive any/all informalities and/or irregularities if it is deemed to be in the best interest of the County to do so. A notice of Contract award shall not be binding upon the County until the

Contract has been fully executed by both parties.

NON-COLLUSIVE BIDDING CERTIFICATE

All bidders submitting bids under the provisions of the specifications are subject to the provisions of Section 103 of the General Municipal Law of the State of New York. A signed Non-Collusive Bidding Certificate (included in the specification package) must be submitted with each bid on the form provided by the County.

DEVIATIONS

Deviations to the specifications shall be so noted and fully explained on a separate document and provided with the bid.

SPECIFICATION CLARIFICATION

1. Clarification to the specifications must be submitted in writing, via BidnetDirect.com, no later than 7 days prior to the RFQ due date, before 5 PM on 10/7/2026. Answers will be posted on BidnetDirect.com as questions are received.

2. Questions received less than seven (7) days prior to the date of submission of RFQ’s will not be answered. The

County will be bound only to responses given by formal written Addenda. Consideration will be given to questions/concerns submitted less than 7 days before the bid opening if Tompkins County feels it warrants an addendum.

NON-APPROPRIATION CLAUSE

1. In accordance with New York State General Municipal Law, the County will not be liable for any purchases or contracts for goods or services for which funding is not available. The respondent agrees to hold the County harmless for any contracts let for which funding either does not currently exist, or for which funding has been removed prior to the authorization to proceed.

2. Should it become necessary for the County to cancel a project after the order to proceed has been issued, the

County will only be liable for, and the respondent agrees, to only assess those financial damages that it can prove to have incurred resulting from the cancellation of the contract.

AWARD of BID/CONTRACT

1. After the award has been approved by the proper County authority, the successful bidder will be issued a Notice of Award. A notice of contract award shall not be binding upon the County until the contract has been fully executed by both parties. The following documents shall be incorporated, to the extent deemed appropriate in the sole discretion of the County, within the contract between Tompkins County and the apparent successful

Bidder: the successful Bidder’s bid/rfp response, the original Request for Bid/RFP specifications and any written Addenda in response to inquiries of prospective bidders as set forth in the Specification Clarification section above.

2. The successful bidder to whom a contract or purchase order is let, granted, or awarded, shall not assign, transfer, convey, sublet, or otherwise dispose of same, or of its right, title and interest herein, including the performance of the contract or purchase order or the right to receive monies due or to become due, or of its power to execute the contract or purchase order without the prior written consent of Tompkins County. In the event the contractor shall, without written consent, assign, transfer, convey, sublet or otherwise dispose of the contract or purchase order, or the right to receive monies due or to become due, or its power to execute such contract or purchase order to any other person or corporations, or upon receipt by Tompkins County of an attachment against the Successful Bidder, Tompkins County shall be relieved and discharged from any and all liability and obligation growing out of such contract or purchase order to such contractor, and the person or corporation to which such contract or purchase order shall be been assigned, its assignees, transferees or sub lessees shall forfeit and lose all monies thereto assigned under the contract or purchase order, except so much as may be required to pay its employees.

INDEMNIFICATION AND HOLD HARMLESS

• The successful bidder shall release, waive, indemnify, hold harmless, and defend the County and its officers, employees, agents and elected officials from and against any and all claims, demands, actions, causes of action, suits, or judgements, including but not limited to, losses, costs, expenses, penalties, or other damages or liability brought against the County and its officers, employees, agents and elected officials for injury, illness, or death to any person or persons or damage to property arising out of the performance of the Agreement entered as a result of this solicitation by the successful bidder, its employees, subcontractors or agents with the exception of actions and claims arising out of the negligence of the County. The indemnification will survive the term of such Agreement whether it is terminated or expired. The successful bidder shall maintain the minimum limits of insurance as outlined by such Agreement in Attachment B or as required by law, whichever is greater.

• The successful Bidder will be required to procure and maintain, at its own expense, the minimum limits of insurance as described in the County’s standard insurance requirements or as required by law, whichever is greater.

• No work shall be commenced under the Contract until the successful Bidder has delivered to the County proof of issuance of all policies of insurance required by the Contract. If at any time, any of said policies shall expire or become unsatisfactory to the County, the successful Bidder shall promptly obtain a new policy and submit proof of insurance of the same to the County for approval. Upon failure of the successful Bidder to furnish, deliver and maintain such insurance as above provided, the Contract may, at the election of the County, be forthwith declared suspended, discontinued or terminated. Failure of the successful Bidder to procure and maintain any required insurance, shall not relieve the successful Bidder from any liability under the Contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Bidder concerning indemnification.

REMEDY for BREACH

In the event of a breach by Contractor, Contractor shall pay to the County within ninety (90) days all direct and consequential damages caused by such breach, including, but not limited to, all sums expended by the County to procure a substitute contractor to satisfactorily complete the contract work, together with the County’s own costs incurred in procuring a substitute contractor. All legal and equitable claims against the County of Tompkins shall be brought in the Supreme Court of Tompkins County.

WORKFORCE DIVERSITY and INCLUSION

Tompkins County government is committed to creating a diverse and fully inclusive workplace that strengthens our organization and enhances our ability to adapt to change by developing and maintaining:

A. An organization-wide understanding and acceptance of the purpose and reasons for diversity.

B. Recruitment and retention policies that promote and sustain a diverse workforce.

C. A workplace environment that is welcoming and supportive of all.

D. Awareness, understanding and education regarding diversity issues.

E. Zero tolerance for expressions of discrimination, bias, harassment, or negative stereotyping toward any person or group.

F. A workforce ethic that embraces diversity and makes it the norm for all interactions, including delivery of services to the public.

All bidders must comply with the Workforce Diversity and Inclusion terms and conditions as well as sign an Anti-discrimination certificate as stated in Attachment A.

LIVING WAGE

1. Tompkins County must consider the wage levels and benefits, particularly health care, provided by contractors when negotiating contracts, and to encourage the payment of livable wages whenever practical and reasonable.

2. If contractor certifies on Tompkins County Livable Wage Form that its employees directly providing services outlined in this contract are NOT paid a living wage, the department contract representative may have a conversation with the contractor to understand the cost implications of achieving the living wage threshold, whether there are structural barriers impacting the ability to pay the living wage, plans to improve wages over time, generous fringe benefits, or other considerations that should be applied when addressing the question of whether it is practical or reasonable to meet the living wage threshold including the cost required to bring the contract to the living wage threshold.

REGULATORY COMPLIANCE

The Contractor agrees to comply with all federal, state, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that federal funds are provided to the Contractor under this contract, the Contractor agrees that it will comply with all applicable federal laws and regulations, including, but not limited to those laws and regulations under which federal funds were authorized.

- DBE contract goals have not been established for this on-call contract because the specific scopes of work and subcontracting opportunities are not known at this time. For federally funded task orders issued under this contract, DBE goals may be established on a task-order basis, as appropriate, in accordance with 49 CFR Part 26 and agency

DBE program requirements. All applicable DBE requirements shall apply to federally funded task orders.

Participation by certified DBE firms is strongly encouraged.”

If New York State Labor Law Articles 8 and/or 9 are applicable under the agreement and/or scopes of work, the statute requires that contractors and subcontractors pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract and follow other requirements. Employers must pay the prevailing wage rate set for the locality where the work is performed. Prevailing wage is the pay rate set by the

New York Department of Labor for work on public work projects. This applies to all laborers, workers or mechanics employed under a public work contract. Every contractor and subcontractor must keep and provide certified original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. These must be made available to the County at its request. Payrolls must be maintained for at least three (3) years from the projects date of completion. Additionally, as per Article 6 of the Labor Law, contractors and subcontractors are required to establish, maintain, and preserve for not less than six (6) years, contemporaneous, true, and accurate payroll records. At a minimum, payrolls must show the following information for each person employed on a public work project: Name; Address, Last 4 Digits of Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification. Payroll records and transcripts are required to be kept on site during all the time that work under that contract is being performed.

Respondents that are providers of healthcare services must certify that the Respondent, and all employees, directors, officers, and subcontractors of the Respondent, are not “excluded individuals or entities” under federal and/or New York state statues, rules, and regulations.

The Respondent shall promptly notify the County if any employee, director, officer of subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this Contract, at no penalty to the County, if any employee, director, officer, or subcontractor is on or has been added to the exclusion list.

By submitting a response to an RFP or RFQ, you are attesting to the fact that you and/or the provider, which you represent, have not been sanctioned nor excluded by any of the aforementioned entities.

Attachment A

CERTIFICATION

Bidders must certify that they will comply with the following requirements, if funding is awarded as a result of this

RFP. All awardees of funds shall:

1. Sign an Anti-discrimination Clause and comply with all Equal Opportunity Laws, including the Americans with Disabilities Act of 1990;

2. Sign a "Certification Regarding Debarment, Suspension, and Other Responsibility Matters," indicating that they have not been debarred or suspended from participating in federal programs because of crimes, fraud, or other serious violations of federal laws and regulations;

3. Sign a certification regarding lobbying, indicating that no Federal funds will be used to attempt to influence any Federal officer, employee, or elected official;

4. Sign a certification that they provide a drug-free workplace and have a written drug-free workplace policy;

5. Sign a certification that they have and have implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees;

6. Agree to provide training without any duplication of costs;

7. Provide a copy of their most recent financial audit before contract execution;

8. Agree to allow on-site inspections and audits of any records related to their programs.

I certify that (name of bidder organization) will comply with the above requirements.

Name

Title

Signature and Date

ANTI-DISCRIMINATION CLAUSE

During the performance of this Contract, (the Contractor) hereby agrees as follows:

• The Contractor will not discriminate against any employee or applicant for employment for any of the following: race, creed, color, ethnicity, military service, marital status, disability, sexual preference, perceived gender, national origin, or status as an ex-offender, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination. Such action shall be taken with reference, but not be limited, to recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.

• The Contractor will send to each labor union or representative of workers with which they have or are bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights (SDHR),, advising such labor union or representative of the Contractor’s agreement under clauses (a) through (f) hereinafter called “non-discrimination clauses”. If the Contractor was directed to do so by the contracting agency as part of the bid or negotiation of this Contract, the Contractor shall request such labor union or representative to furnish them with as written statement that such labor union or representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the Contractor shall promptly notify the SDHR of such failure or refusal.

• The Contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the SDHR setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State’s and local Tompkins County Laws against discrimination as the

SDHR shall determine.

• The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color or national origin.

• The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil

Rights Law, will furnish all information and reports deemed necessary by the SDHR under these non-discrimination clauses and such sections of the Executive Law, and will permit access to their books, records and accounts by the SDHR, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive

Law, Civil Rights Law, and other applicable provisions.

ANTI-DISCRIMINATION CLAUSE continued…

• This Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the SDHR that the Contractor may be declared ineligible for future contracts made by or on behalf of the State or a public authority or agency of the State, until they satisfy the SDHR that they have established and are carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the SDHR after conciliation efforts by the SDHR have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the SDHR, notice thereof has been given to the Contractor and opportunity has been afforded them to be heard publicly before the SDHR. Such sanctions may be imposed, and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. The Contractor will include the provisions of clauses (a) through (f) in every subcontract or purchase order in such a manner that such provisions be performed within the State of New York. The

Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor shall promptly so notify the Attorney General, requesting them to intervene and protect the interests of the State of New York.

GENERAL CONDITIONS ACCEPTED BY:

Firm: _________________________________________________

By: _________________________________________________

Date: _________________________________________________

Title: _________________________________________________

COUNTY OF TOMPKINS GENERAL CONDITIONS

NON-COLLUSION CERTIFICATE

NON-COLLUSIVE CERTIFICATION:

(a)By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid/proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his/her/their knowledge and belief:

1. The prices in this bid/proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor;

2. Unless otherwise required by law, the prices that have been quoted in this package have not been knowingly disclosed by the bidder/proposer prior to opening, directly or indirectly, to any other bidder/proposer or to any competitor; and

3. No attempt has been made or will be made by the bidder/proposer to induce any other person, partnership, or corporation to submit or not to submit a bid/proposal for the purpose of restricting competition.

Name of Bidder/Proposer

Signature and Title of Signer

Date

NOTE:

A bid/proposal shall not be considered for award nor shall any award be made where (a) 1, 2 and 3 above have not been complied with; provided, however, that if in any case the bidder/proposer cannot make the foregoing certification, the bidder/proposer shall so state and shall furnish with the bid/proposal a signed statement that sets forth in detail the reason(s) therefore. Where (a) 1, 2, and 3 above have not been complied with, the bid/proposal shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder/proposer (a) has published price lists, rates or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or

(c) has sold the same items to other customers at the same prices being bid/proposed, does not constitute, without more, a disclosure within the meaning of subparagraph (a) 1.

Tompkins County

Request for Qualification – Submission Instructions

• Respondents shall submit their proposal response per the instructions below. Respondents who do not follow these guidelines may have their proposals rejected as incomplete or non-responsive.

• Respondents shall read all documents contained in this specification package. Failure to do so does not excuse respondent from abiding by all instructions, terms or conditions.

• Responses shall be submitted to the location and in the format indicated in the specifications no later than the date and time indicated.

• Respondents must submit their questions regarding any portion of the specifications by posting them on the

Q&A tab found in the solicitation or in writing to the email address provided in the specifications by the date provided. Answers will be provided no later than five (5) days prior to the Proposal due date.

• The County reserves the right to amend the specifications prior to the due date by written “Addenda”. It is the respondent’s responsibility to ascertain whether any addenda have been issued prior to submitting their proposal.

• Bids and any other required documents shall be submitted online through the Tompkins County website at:

www.tompkinscountyny.gov/purchase and selecting ‘Open Solicitations’. This will take you to Bidnet Direct where the RFP information is posted for the public. Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607)

274-5500 for further instructions.

• Respondents can submit in a sealed package or envelope with the name of their company and the title of the

Request for Proposal.

• Respondents shall submit all forms that require signatures with their proposal response.

• All responses submitted become the property of the County and are subject to the County’s Policy on Public

Access to Records.

• This invitation to respond does not commit the County to award a contract, nor shall the County be responsible for any cost or expense that may be incurred by the respondent in preparing and submitting their response or any cost incurred prior to the execution of a contract.

• The County reserves the right to cancel the contract without cause with a minimum of thirty (30) days written notice. Termination or cancellation of the contract will not relieve the respondent of any obligations or liabilities resulting from any acts committed by the respondent prior to the termination of the contract. The respondent may cancel the contract with one hundred-twenty (120) days written notice.

http://www.tompkinscountyny.gov/purchase

Submission of Qualifications

1. Responses to this RFQ and any other required documents shall be submitted through the Tompkins County website at www.tompkinscountyny.gov/purchasing (see instructions below).

2. Responses must be uploaded and responded to no later than the date and time indicated.

3. Tompkins County reserves the right to reject any or all bids/proposals in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids/proposals.

Online Bid Submission Instructions:

Bids and any other required documents shall be submitted online through the Tompkins County website at:

www.tompkinscountyny.gov/purchase and selecting ‘Open Solicitations’. This will take you to Bidnet Direct where the RFQ information is posted for the public. Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500 for further instructions.

http://www.tompkinscountyny.gov/purchasing http://www.tompkinscountyny.gov/purchase

Tompkins County

Request for Qualifications – Terms and Conditions

Method of Award:

The County reserves the right to award the contract to the respondent who submits the proposal that proves to be in the best interest of the County. The County has the sole discretion and reserves the right to cancel this request, reject any/all responses, to waive any/all informalities and/or irregularities if it is deemed to be in the best interest of the

County to do so.

Contract Extension:

The County agrees, as and to the extent permitted in accordance with the General Municipal Law of the State of

New York, to allow all authorized users who wish to utilize any contract awarded as a result of this solicitation to do

so. However, it is understood that the extension of such contract is at the discretion of the respondent and the respondent is only bound to the contract between itself and the County.

Term of Contract:

The term of contract shall be specified within the detailed specifications.

Contract Award:

The contract award, if any, will be made within forty-five (45) calendar days of due date. The contract shall be awarded to the respondent who submits the proposal that proves to be in the best interest of the County.

Non-Appropriation Clause:

In accordance with the New York State General Municipal Law, the County will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the respondent agrees to hold the

County harmless for any contracts let for which funding does not currently exist, or for which funding has been removed prior to the authorization to proceed. Should it become necessary for the County to cancel a project after the order to proceed has been issued, the County will only be liable for, and the respondent agrees, to only assess those financial damages that it can prove to have incurred as a result of the contract cancellation.

Training:

If required, training shall take place during regular business hours. Training shall be provided until all County personnel involved in the contract are adequately trained.

MWBE:

Tompkins County is committed to inclusion in our procurement processes and to support underrepresented businesses. Minority Business Enterprises (MBE’s), Women Business Enterprises (WBE’s), and other

Disadvantaged Business Enterprises (DBE’s) are encouraged to complete the Business Demographic Survey

(Attachment D).

Workforce Diversity and Inclusion:

Tompkins County government is committed to creating a diverse and fully inclusive workplace that strengthens our organization and enhances our ability to adapt to change by developing and maintaining:

A. An organization-wide understanding and acceptance of the purpose and reasons for diversity;

B. Recruitment and retention policies that assure a diverse workforce;

C. A workplace environment that is welcoming and supportive of all;

D. Awareness, understanding and education regarding diversity issues;

E. Zero tolerance for expressions of discrimination, bias, harassment, or negative stereotyping toward any person or group;

F. A workforce ethic that embraces diversity and makes in the norm for all interactions, including delivery of services to the public.

Respondents are encouraged to include an outline of their diversity policy in their proposal response.

Contract Re-Assignment:

The respondent shall not re-assign any portion of any contract that results from this solicitation without the express written consent of the County.

Corporate Compliance:

FEDERAL FUNDING COMPLIANCE: The Respondent agrees to comply with all federal, state, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that federal funds are provided to the Respondent under this contract, the Respondent agrees that it will comply with all applicable federal laws and regulations, including but not limited to those laws and regulations under which the federal funds were authorized.

Further, Respondent agrees to comply with the County’s Compliance Plan regarding Federal and State fraud and abuse laws; the Compliance Plan can be reviewed HERE can be obtained from Tompkins County Administration, 125 East Court Street, Ithaca, NY 14850.

Respondents that are providers of healthcare services certify that the Respondent, and all employees, directors, officers, and subcontractors of the Respondent, are not “excluded individuals or entities” under Federal and/or New

York State statues, rules and regulations, to determine if any of them are on or have been added to the exclusion list.

The Respondent shall promptly notify the County if any employee, director, officer of subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this contract, at no penalty to the County, if any employee, director, officer or subcontractor is on or has been added to the exclusion list.

By submitting a response to a Request for Qualifications, you are attesting to the fact that you and/or the provider, which you represent, have not been sanctioned nor excluded by any of the aforementioned entities.

https://www.tompkinscountyny.gov/files/assets/county/v/1/administration/documents/county-compliance-program/2019_compliance-program-document_final-posted.pdf

Iranian Energy Sector Divestment:

By submitting a response to this solicitation, the respondent hereby represents that said respondent is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said respondent has not:

a. Provided goods or services of $20 Million or more in the energy sector of Iran including, but not limited to, the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

b. Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector of Iran.

Any respondent who has undertaken any of the above and is identified on a list created pursuant to Section 165-a

(3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

Except as otherwise specifically provided herein, every respondent submitting a response to this solicitation must certify and affirm the following under penalties of perjury:

(1)“By submission of this response to solicitation, each respondent and each person signing on behalf of any respondent certifies, and in the case of a joint response, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each respondent is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Except as otherwise specifically provided herein, any response to this solicitation that is submitted without having complied with subdivision (1) above, shall not be considered for award. In any case where the respondent cannot make the certifications as set forth in detail the reasons therefore. The County reserves the right, in accordance with

General Municipal Law Section 103-g to award the contract to any respondent who cannot make the certification on a case-by-case basis under the following circumstances:

(1) The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the respondent has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging any new investments in Iran; or

(2) The County of Tompkins has made a determination that the goods and services are necessary for the County to perform its functions and that, absent such an exemption, the County of Tompkins would be unable to obtain the goods or services for which the Bid is offered. Such determination shall be made by the County in writing and shall be a public document.

COUNTY OF TOMPKINS

GENERAL CONDITIONS

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

IN ACCORDANCE WITH NEW YORK STATE FINANCE LAW §139—l

In accordance with State Finance Law §139-l, which generally prohibits the County from entering into contracts pursuant to the bid process with persons who fail to submit a certification affirming compliance with New York

Labor Law §201-g, the bidder submits the following certification under the penalty of perjury:

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of

Section 201-g of the Labor Law.

Dated: ______________, New York _____________, 20______

Name of Bidder

Signature of Authorized Official

Printed or Typed Name of Official and Title

Sworn to before me this

________ day of ____________, Notary Public

Contractor’s Representation—Livable Wage Policy

Livable Wage Policy: By policy, Tompkins County must “consider the wage levels and benefits, particularly health care, provided by contractors when awarding bids or negotiating contracts, and to encourage the payment of livable wages whenever practical and reasonable.”

Paying the living wage rate to all employees directly involved in providing the contracted County service is not mandatory. However, the attainment of a broadly applied living wage is a County goal and is therefore an important consideration applied by the County when reviewing contract qualifications

The Current Living Wage: The Living Wage in Tompkins County is computed by the Alternatives Federal Credit

Union. Living wage without employer-provided health insurance is currently $18.45 per hour. Prospective contractors providing health insurance for employees may qualify for a lower Living Wage if the amount that employees are required to pay for that coverage is less than $0.75/hour. The rate will be adjusted again in 2025.

Requirement of All Contractors: As a part of its proposal or contract representations, a prospective service contractor must advise the County whether it will pay the AFCU livable wage rate to all Covered Employees directly involved in the provision of the contracted service, including employees of any subcontractor engaged to assist in providing the service.

Additionally, contractors are asked to estimate the number of employees who will be directly involved in the provision of the contracted service. If not, all employees are going to be paid the Living Wage, contractors are asked to estimate how many full-time, and how many part-time, covered employees will NOT be paid the living wage.

Covered Employees include all full- and part-time employees, other than those Excluded Employees described below, who are directly involved in the provision of the contracted service, including employees of sub-contractors engaged to assist in providing the service.

Excluded Employees are:

• Employees under the age of 18

• Seasonal or temporary employees (90 days or less)

• Employees in a probationary status (90 days or less)

• Those employed in a sheltered or supported work environment

• Employees participating in a limited-duration (90 day) job training program

• Employees participating in an academic work-study or academic internship program

• Volunteers

• Employees participating in mandated welfare-to-work programs

• Employees paid pursuant to a collective bargaining agreement

Contractor’s Living Wage Representation

1. Approximately how many Covered Employees, including employees of any subcontractor involved in providing the service, will be involved in the provision of the contracted service?_____________(insert number)

2. Will all Covered Employees, including employees of any subcontractors directly involved in the provision of County services, be paid at least the living wage?

Yes No

3. If the answer is “No”, approximately how many covered employees will NOT be paid at the living wage?

Full-time__________ Part-time_____________

Print Contractor Name:____________________________________________________________________

If you answered “Yes” to the Living Wage Representation and are awarded the County contract, you will be expected to maintain all employees directly involved in the provision of services under this contract at or above the living wage as of the time of execution of the contract for the duration of the contract. If you answered “No,” your response will be among the considerations applied by the County in making its contract award. As a part of contract negotiations, the County may request additional information from you regarding the basis of this response.

Attachment B Insurance Requirements

The successful bidder shall maintain and agree to the following: (Engineer, Architect, etc.) hereinafter referred to as

Design Professional, shall indemnify, hold harmless and defend Tompkins County and its officers, employees, agents and elected officials from and against any and all claims and actions brought against Tompkins County and its officers, employees, agents and elected officials for injury, illness, or death to any person or persons or damage to property arising out of the performance of this Agreement, negligent acts, errors or omissions by the Design

Professional, its employees, subcontractors or agents except all actions and claims arising out of the negligence of

Tompkins County. The Design Professional shall maintain the following minimum limits of insurance or as required by law, whichever is greater.

A.) Workers’ Compensation and New York Disability

Workers’ Compensation

Statutory coverage complying with NYS Workers’ Compensation Law Section 57 General Municipal Law

Section 125, Contractor must submit one of the following:

CE-200 - Certification of Attestation of Exemption form NYS Workers’ Compensation and/or Disability

Benefits Coverage available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp, OR

CE-105.2 - Certification of NYS Workers’ Compensation Insurance (U-26.3 f or State Insurance Fund version), OR

SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR

GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self-Insurance Employers’ Liability

$1,000,000

Disability Benefits Requirements

Statutory coverage complying with NYS Workers’ Compensation Law Section 220 (8) under General

Municipal Law Section 125, Contractor must submit one of the following:

CE-200 - Certification of Attestation of Exemption from NYS Workers’ Compensation and/or Disability

Benefits Coverage, OR

DB120.1 - Certificate of Disability Benefits Insurance, OR DB155 - Certificate of Disability Self-Insurance

NOTE: Proof of NYS Workers’ Compensation and NYS Disability Benefits must be provided on NYS forms as listed above (complete information available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp or

Bureau of Compliance at (866) 546-9322).

B.) Commercial General Liability (CGL) including, contractual, independent contractors, products/completed operations

Each Occurrence $1,000,000

General…