RFB-2359.pdf

Oneida County Department of Purchasing Anthony J. Picente Jr.

800 Park Ave 6th Floor Utica, NY 13501 County Executive

Phone (315) 798-5880 Fax (315) 798-4042 purchasing@oneidacountyny.gov Alfred A. Barbato

Director

Specifications for Bid Ref #2359

22’ High Speed Reversible Runway Plow

Bid Opening October 10, 2025 at 10:30 AM mailto:purchasing@oneidacountyny.gov

INVITATION TO BID

Sealed bids, subject to the conditions contained herein, will be received by the DIRECTOR OF PURCHASING until 10:30 A.M., local time on Friday, October 10, 2025, and then publicly opened and read for:

22’ High Speed Reversible Runway Plow Bid Ref #2359

Specifications MUST be PURCHASED from the Oneida County Purchasing Dept., Sixth Floor, 800 Park Ave., Utica, NY 13501. Administration fees are as follows: $10.00 if picked up in person or $15.00 for mailing. Cash is not acceptable and fee is non-refundable. (Mail is by 1st Class or Priority Only) This bid is also available electronically (Empire State Purchasing Group-Bid Net) by going to the County website and following the links at: http://www.ocgov.net/ (fee for electronic retrieval is also $10.00 and should be mailed with bid submission). Bids without fee may not be considered.

Copies of the described bid may be examined at no expense at the Oneida County Purchasing Dept. Upon examination potential bidders may purchase a book as described above and bidders may not obtain books from any other source or bid will be disqualified.

Sealed bids must be returned on the form furnished. The return envelope must be clearly marked with the bid number & name on the outside lower left corner and addressed to Oneida County Purchasing, Sixth Floor Bids Department., 800 Park Avenue, Utica, NY 13501. The County of Oneida reserves the right to reject any or all bids received.

The County of Oneida, in order to promote its established Affirmative Action Plan invites bids from underrepresented groups. This Affirmative Action Policy regarding sealed bids and contracts applies to all persons without regard to age, race, creed, color, national origin, gender, religion, sexual orientation, disability, military status, marital status, genetic predisposition or carrier status or political affiliation or belief..

Dated: September 24, 2025 Alfred A. Barbato Director of Purchasing

*** PLEASE MAKE CHECKS PAYABLE TO: COUNTY OF ONEIDA ***

GENERAL INSTRUCTION TO BIDDERS

1. Sealed bids will be received by the Oneida County Director of Purchasing at his office in the Purchasing Department, Oneida County Office Building, 800 Park Avenue, Utica, N.Y., in accordance with the published invitation for bids.

2. The sealed bids, subject to the conditions contained herein, will then be publicly opened and read aloud. All bidding must be on the forms furnished and returned in the envelope provided by the Director of Purchasing.

3. All delivery charges must be included in the bid price.

4. No combination bid on any units will be accepted and each unit must be bid separately. Quantities shown on the Bidding Sheet are approximate only. The contract shall be for the quantities actually ordered during the contract period.

5. Any equipment delivered by a bidder, which is not in accordance with specifications or is otherwise unsatisfactory, in the opinion of the department, may be retained and, if necessary, used until it is replaced with satisfactory equipment.

6. Except for causes not in the control of the bidder, no request for postponement of the date of delivery, or completion, shall be considered. The Director of Purchasing reserves the right to postpone, and may do so as circumstances require.

7. The County is not subject to tax; the County will sign exemption certificates when required.

8. Bidders are warned that the equipment must bee new, unused and first quality. No rejects, “seconds” or otherwise imperfect or low quality equipment will be acceptable.

9. For the sake of simplicity in drawing the accompanying specifications, manufacturers name or catalog numbers may have been used. In all such cases, they are well known manufacturers whose catalogs are readily available to all bidders. The use of particular manufacturers’ names or numbers is not intended to restrict bidding or bar the equal or superior product of other manufacturers. Dimensions given are approximate and bidders are to verify all figures.

10. If a date is stated in the specifications, all deliveries and installations shall be completed by said date.

11. When reference is made to the New York State Department of Public Works specifications and/or the State of New York, Division of Standards and Purchase Specifications in the specification of any item, a copy of such specifications may be examined in the office of the Director of Purchasing.

12. The Director of Purchasing reserves the right to make such investigations as he deems necessary to determine the ability of the bidder to supply the equipment, and the bidder shall furnish to the Director of Purchasing all such information and data for this purpose as he may request, including, but not limited to, the name and address of the manufacturer of the articles quoted on. The Director of Purchasing also reserves the right to reject any bid if the evidence submitted by, or the investigation of, such bidder fails to satisfy the Director of Purchasing that such bidder is qualified to carry out the obligations of the bid or to complete the deliveries contemplated therein.

13. The Director of Purchasing reserves the right to consider informally a bid not prepared and submitted in accordance with the provisions of these specifications, or to waive informalities in any bid as received. The Director of Purchasing also reserves the right to reject any and all bids, as in the best interests of Oneida County, without cause.

14. No bidder may withdraw his bid within forty-five days after the bids are opened, but may withdraw it at any time prior to the closing time for the reception of bids.

15. Alternate proposed items shall fulfill the requirements of the basic specifications in function, type, materials, construction, color, and finish. If bid differs from specifications, brochures or cuts should be submitted with the bid.

16. In submitting this bid, the bidder declares that he/she is, or they are, the only person or persons interested in said bid, that it is made without any connection with any person making another bid for the same materials, and that the bid is in all respects fair and without collusion, fraud, or mental reservation.

17. In submitting this bid, any bidder subject to the provisions of Article 18 of the General Municipal Law and/or the Ethics Law of the County of Oneida declares that he, she or they shall comply with the same.

18. The Bidder to whom a contract shall be let, granted or awarded is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the same, or of his right, title or interest therein, or his power to execute such contract to any other person or corporation, except as provided in Section 109 of the NYS General Municipal Law.

19. No bid may be accepted from, or contract therefor awarded to, any person who is in arrears in taxes or upon debt or contract to or with the County or who has defaulted as a surety or otherwise upon a contract or obligation to the County, or who may be otherwise disqualified under any act of the legislature not inconsistent with the Oneida County Charter or Oneida County Administrative Code.

20. The Bidder agrees to make no claim for damages for delay occasioned by an act or omission of the County of Oneida.

21.

25. Pursuant to NYS General Municipal Law Section (103)(3) & (16), as well as Section 104, it is the intent of this Invitation To Bid that all political subdivisions, and districts located in the State of New York, be entitled to make purchases of materials, equipment or supplies from the resulting bid award. All orders will be placed by the participating entities. Each participating entity shall be billed by and make payment to the successful bidder directly. The sole responsibility in regard to performance of the bid, or any obligation, covenant, condition or term thereunder by the successful bidder and the participating entities will be borne and is expressly assumed by the successful bidder and the participating entities and not by Oneida County. In the event of a failure or breach in performance of any such bid by a participating entity or the successful bidder, Oneida County specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this bid.

26. By signing and submitting a bid, the bidder acknowledges, agrees with and accepts each and every provision of these instructions, as well as each and every provision of the item specifications. The signature and submission of a bid constitutes a declaration and certification that the bidder can furnish the materials, equipment, and/or services required satisfactorily in complete compliance with the specifications.

27. The proposal must be made out in the corporate or other entity name of the bidder, and must be fully and properly executed by an authorized person.

28. Awards will be made to the lowest responsible bidder as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of materials or equipment to be furnished, their conformity with the specifications, the purpose for which required, and the terms of delivery.

29. Where pricing is described in both words and numerals, the words will govern.

30. It is understood and agreed that in questions of interpretation in the specifications, the Purchasing Director shall expressly have the right to determine the meaning and shall control the decision, and such decision shall be binding and final.

SPECIFICATIONS

Technical specifications for a 22’ High Speed Reversible Runway Plow

Reversible Plow General These specifications describe a Power Reversible Plow with a flared discharge and polymer moldboard, manufactured expressly for high-speed airport runway and ramp plowing. This plow shall be rigidly built of new material suited for continuous work under extreme conditions of snow removal.

Plow Hitch – Plow Side

The plow shall be mounted and unmounted from the chassis by means of a chassis mating DIN plate hitch of a size sufficient to support the weight and operation of the plow. It shall allow easy interchange of the plow and other attachments. Two steel claws and four 1 inch diameter swing bolts with nuts that are part of the attachment will lock the connection between the attachment and chassis. All hydraulic lines from the chassis to the plow side of the hitch shall be of quick disconnect type and clearly marked for ease of change.

The moldboard, push frame, and plow side of the hitch once detached, will rest on the ground on the caster tires and the cutting edge stands

Lift: The plow lift system of the module shall be a parallel lifting type consisting of two parallel tubular lift arms of 3-inch x 3-inch x 0.31-inch wall steel tubing. The design shall incorporate a dual acting plow lift cylinder. The hydraulic double acting plow lifting cylinder shall be 4 inch bore 15.75-inch stroke with a 2-inch diameter rod. This lift cylinder will also serve to remove and attach the plow moldboard. The plow lift hydraulic system will be furnished with a relief valve to prevent no more than 200 PSI down pressure. The lifting cylinder arrangement shall incorporate a mechanical transport lock that shall take the weight of the plow off the hydraulic cylinder during plow transport and shall act as a safety in the event of a hose failure during transport.

Swing: The plow swing system of the module shall be equipped with two telescoping type hydraulic cylinders enabling the plow to be angled left, right or straight ahead. Maximum angle to the left or right shall be 32 degrees. The telescopic hydraulic cylinders shall be of the two-stage type with an outside diameter of 4.50 inch and a rod diameter of 2.50 inch. For corrosion protection, the tubular stage shall be chrome plated, and the rods shall be nitrided. The cylinders shall be 19.00 inch long from center mounting hole to center of mounting hole when retracted and shall have a stroke of 20.25 inches. The cylinders shall be heavy duty to allow for heavy snow plowing under severe conditions and shall be equipped with a double acting hydraulic cushion valve mounted on the plow to protect the cylinders from damage. Mounting plates for the swing cylinders shall be

0.63 inch in thickness. The cylinder mounting bolts shall be 1.00-inch diameter. The hydraulic port in the angling cylinders shall be 0.75-16 standard straight SAE “O” ring thread. The hoses used shall be standard 0.50-inch SAE 100R2 rated.

The swing pin (center and vertical) shall be 2-inch diameter by 31.75 inches in length with top and bottom yokes. There shall be a DX type bushing installed in the center of each yoke assemblies for low friction movement of the swing pin. The two parallel tubular lift arms shall be attached to the top and bottom yoke. The yokes / lifting arms connections shall have a hardened steel sleeve bushing.

Oscillation: The plow oscillation system of the module shall incorporate a drive frame that allows oscillation of the plow with respect to the chassis in order to follow the pavement contour. The plow shall oscillate a minimum of 2 degrees overall. The oscillation mechanism shall consist of two front facing vertical plates which can pivot and slide. When the plow is carried in the raised position and angled right or left the plow shall remain approximately level to the pavement.

The front plate shall be 0.50-inch-thick steel plate with a bushing on the top for the oscillation pivot tube and slots cut in the bottom for the oscillation slide bushings. The back plate shall consist of a formed 0.38-inch plate and backing plate to form a boxed section. The oscillation pivot tube and oscillation slide bushings shall be welded in place facing forward on the boxed section. The back side of the boxed section shall attach to the plow swing pivot pin (center vertical).

A 0.38-inch-thick poly plate shall be sandwiched between the two oscillation plates to reduce friction and wear.

No metal on metal. The oscillation assembly (two plates) shall be held together with six bolts, 1.0-inch diameter with backing plates and lock nuts. There shall also be two rubber cushions bolted to the plow push frame to limit and cushion the end of oscillation travel.

PLOW PUSH FRAME

The push frame shall be of severe duty design, welded construction with no less than three horizontal steel tubes each having a cross section of 3-inch x 5-inch X 0.25 inch wall rectangular tube. There shall be six urethane cushions on the bottom of the plow frame compressed to a length of 4 inch by means of six bolts – 1.25 inch in diameter and six lock nuts. For durability and safety on the runway, each cushion assembly shall have a 1.50-inch OD hardened steel sleeve tube over each bolt for sliding inside the push frame. This prevents over compression of the rubber cushion when assembling and prevents wear of the bolt. The rubber cushions mount to a pivot weldment that connects the push frame to the moldboard via four pivot pins. The pivot pins shall be 1045 CR steel, 1.50 inches in diameter.

The swing stops shall have a poly liner installed to allow free oscillation of the plow frame. When swung to 32-degrees, the plow push frame shall stay against the stops as the operator raises and lowers the plow, no additional swing adjustment needed.

Four heavy-duty braces on top of the plow frame shall allow the plow and cutting-edge angle to be adjusted to positions of 65, 75, and 85 degrees from horizontal for optimum snow handling performance.

MOLDBOARD ASSEMBLY

The moldboard shall not be less than 50 inches high in the center portion and not less than 70 inches high at the discharge ends when the moldboard is set at 65-degree attack angle, nor less than 20 feet long at the cutting edge and formed so as to lend itself to high-speed plowing operations. In order to offer a low coefficient of friction and resistance to both corrosion and impact, the moldboard sheet shall be formed from 0.38-inch thick VHMW unwelded polyethylene sheet. When set at 75 degrees, the moldboard shall overhang the cutting edge by a minimum of twelve inches the entire length of the plow.

The sheet shall be formed from a polyethylene material that is made from new resin (recycled material is not acceptable) and shall be color impregnated and ultraviolet stabilized to a Lime Green pigmentation for best visibility in snow removal operations. Welding of sheet is not allowed.

Moldboard reinforcement shall include a full-length heavy-duty angle across the top front of the steel shell and fourteen vertical ribs tying the upper shell to the cutting-edge mounting angle and its reinforcement. There shall be two ribs at each of the four push points, and 4 ribs at the end of each flared end of the plow. The fourteen steel vertical ribs shall be made from 0.25-inch-thick plate and have a varying cross section, becoming wider as they approach the cutting-edge mounting angle. A 0.75 inch formed plate of varying section shall be welded to the cutting-edge angle for additional strength. There shall be no span between reinforcing ribs in excess of 3.5 feet.

The vertical ribs shall provide support and framework for a series of window openings in the rear steel moldboard backing frame, tying top reinforcement to the bottom reinforcement. Window opening designs shall provide long term, stable backing support for the moldboard, and help prevent moisture buildup behind the polymer plow face. The polymer moldboard shall be bolted to this durable framework for maintenance of proper snow handling shape. Moldboard shall consist of three separate polyethylene sheets, one for the center section and one for each flared end of the plow. Polyethylene to be retained by 0.625 inch diameter carriage bolts.

Means of moldboard attack angle adjustment shall be incorporated so to provide 65-, 75- and 85-degree settings (from ground plane to back of cutting edge) for use with either steel, carbide, rubber or urethane cutting edges throughout the life of the plow

Spray Guard Deflector A spray guard/deflector shall bolt to the top discharge point at the moldboard flange or reinforcement, tangential to the upper radius of the modified “J” style moldboard to direct snow forward, down, and toward the trailing edge of the plow. It shall consist of a heavy-duty rubber belting, 0.40-inch-thick x 12.00 inches wide, and shall include a metal retaining strap, 0.25-inch-thick x 2.00 wide, with necessary mounting hardware. The hardware shall be of the locking type to minimize opportunity for loss on the aircraft operating areas of the airport. Provisions shall be provided in the mounting system to adjust the spray guard perpendicular to the moldboard on a case-by-case basis as desired by the airport for seasonal variation in operations.

Cutting Edge Shall be of the tungsten carbide insert type with cover plate. The inserts shall be single beveled, and the blade shall be not less than 0.75 inch thick by 6 inches wide. The cutting edge shall be supplied in multiple 3- and 4-foot sections to assemble the overall length for ease of installation and handling. The cover plate shall be 0.50-inch-thick x 6.00 inches wide and be made of HR steel.

Caster Wheel Assembly Casters shall be capable of swiveling 360 degrees. Wheels shall be a three-piece design, 9-inch diameter X 6 inch wide minimum, each wheel, axle and bearing assembly shall be rated at 3,916 pounds at 31mph each for severe duty use. Wheel shall be a five mounting bolt design. They shall ride on hubs fitted with Timken tapered roller bearings. The axle shall be a minimum of 1.375 inch in diameter with 1.375-inch diameter bearings spaced 5 inches apart.

Tires shall be 21 x 8.0 on a 9-inch rim for additional load carrying ability, 14 ply minimum. There shall be a total of two tire and wheel assemblies, mounted in a single arrangement at each end of the swing frame. One assembly to the right of center, one assembly to the left of center. Dual tire and wheel assemblies will not be accepted due to their increased tendency to experience caster assembly wobble. Tires shall be foam filled only.

Vertical adjustment shall be accomplished through two caster barrel arrangements. The outer barrels of the barrel arrangements shall be heavy duty steel tubing, not less than 4.25-inch OD x 3.75-inch ID, provided as part of the major caster mounting bracketry as a welded unit. Inner tubes shall be from not less than 3.25-inch OD x 2.25-inch ID for grease/lubrication fit. Inner tubing to be ground and hard chrome plated to mate with honed outer steel tube housing. Inner tube shall be held centered in outer tube by means of heavy-duty nylon rings at top and bottom. The screw adjustment rod shall be heavy threaded rod fitted with jam nut for maintaining adjustment from not less than 1.375 inch diameter stainless steel, threaded rod.

Each caster assembly shall be equipped with a spring-loaded adjustable brake dampener so to minimize wheel wobble.

• 2 Spare caster tires, wheels, axles, and bearings shall be provided.

Stands

The moldboard shall have a pair of adjustable leg stands to be used for plow removal / storage with the other remaining weight on the caster tires. They shall aid in raising the cutting-edge during change. They are required for safety and storage reasons.

Color Moldboard= High visibility color Drive Frame=Low gloss black

Option A: 4 - foam filled tire/wheel assemblies complete

BID SHEET

MANUFACTURER YEAR/MODEL BID PRICE

PLEASE LIST AND VARIANCES BELOW

Pricing Good (from date of award) for a period of 90 days, with a delivery date not to exceed 365 days.

Legal Name of Person, Firm or Corporation

By Signature Title

Printed

Address of Firm

Phone Fax

E-mail: Website:

Dated Federal ID or SS#

**Please remember that your price MUST include shipping and delivery charges. **

PUBLIC CONTRACT

The following section is an excerpt from the General Municipal Law:

§103-d Statement of non-collusion in bids and proposals to political subdivision of the state.

1. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statue, rule, regulation or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification.

“(a) 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 to the best of knowledge and belief:

(1) The prices in this bid 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 or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

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

(a-1) Notwithstanding the foregoing, the statement of non-collusion may be submitted electronically in accordance with the provisions of subdivision one of section one hundred three of the general municipal law.

(b) A bid 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 cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where (a)(1)(2) and

(3) above have not been complied with, the bid 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 is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price list, 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, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).

2. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statue, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

This is to certify that I/we have not been disqualified to contract with any municipality and I/we are in a position to accept any contract subject to the provision of section 103-d of the General Municipal Law.

(s) ______________________________________ Legal name of person, firm of Corporation

By_______________________________________ Title

Dated:________________

SIGN AND RETURN WITH BID SHEET

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

IN ACCORDANCE WITH NEW YORK STATE FINANCE LAW

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.

(s) ______________________________________ Legal name of person, firm of Corporation

Dated:________________ By_______________________________________ Title

SIGN AND RETURN WITH BID SHEET

CONTRACTORS RECYCLING

AND

SOLID WASTE MANAGEMENT CERTIFICATION FORM

FOR ONEIDA COUNTY CONTRACTS

The Oneida County Board of Legislators at its May 26, 1999 meeting passed Resolution #249 dealing with the inclusion of recycling and solid waste management provision in Oneida County contract. All waste and recyclables generated by the contracting party shall be delivered to the facilities of the Oneida-Herkimer Solid Waste Authority.

REGULATORY COMPLIANCE

(a) The Contractor agrees to comply with all applicable Federal, State and Local Statutes, rules and regulations as some may from time to time be amended pursuant to law.

(b) Pursuant to Oneida County Board of Legislator Resolution No. 249 of May 26, 1999, the Contractor agrees to deliver exclusively to the facilities of the Oneida-Herkimer Solid Waste Authority, all wastes and recyclables generated within the Authority’s service area by performance of this contract by Contractor and any subcontractors. Upon awarding of this contract, and before work commences, the Contractor will be required to provide Oneida County with proof that Resolution No. 249 of 1999 has been complied with, and that all wastes and recyclables in the Oneida-Herkimer Solid Waste Authority’s service area which are generated by the Contractor and any subcontractors in performance of this contract will be delivered exclusively to Oneida-Herkimer Solid Waste Authority facilities.

CERTIFICATION STATEMENT

“I certify that I understand and agree to comply with the terms and conditions of the Oneida County Recycling and Solid Waste Management Program (R-249). I further agree to provide Oneida County proof of such compliance.”

Printed Name of Signee Signature

Title Date

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List"). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b).

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

During the term of the Contract, should the County receive information that a Bidder/Contractor is in violation of the above-referenced certification, the County will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the County shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default.

The County reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

ARTICLE 11- PROHIBITION ON PURCHASE OF TROPICAL HARDWOOD

Pursuant to State Finance Law Section 165(2)(c)(ii), the following certification is mandatory in every bid proposal, solicitation, request for bid or proposal and contract for the construction of any public work, building maintenance or improvement:

Certification of the Prohibition on Purchase of Tropical Hardwoods

Pursuant to Section 165 of the State Finance Law, any bid, proposal or other response to a solicitation for bid or proposal which proposes or calls for the use of any tropical hardwood or wood product as defined by Section 165 of the State Finance Law in performance of the contract shall be deemed non-responsive.

This prohibition shall not apply to:

1. To bid packages advertised and made available to the public or any competitive and sealed bids received or entered into prior to August twenty-fifth, nineteen hundred ninety-one; or

2. To any amendment, modification or renewal of a contract, which contract was entered into prior to August twenty-fifth, nineteen hundred ninety-one, where such application would delay timely completion of a project or involve an increase in the total monies to be paid under that contract; or

3. Where the contracting officer finds that:

a. No person or entity doing business in the state is capable of performing the contract using acceptable non-tropical hardwood species; or

b. The inclusion or application of such provisions will violate or be inconsistent with the terms or conditions of a grant, subvention or contract with an agency of the United States or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or contract; or

c. The use of tropical woods is deemed necessary for purposes of historical restoration and there exists no available acceptable non-tropical wood species.

ADDENDUM --STANDARD ONEIDA COUNTY CONDITIONS

THIS ADDENDUM, entered into on this _______ day of _____________, 20____, between the County of Oneida, hereinafter known as County, and a Contractor, subcontractor, vendor, vendee, licensor, licensee, lessor, lessee or any third party, hereinafter known as Contractor.

WHEREAS, County and Contractor have entered into a contract, license, lease, amendment or other agreement of any kind (hereinafter referred to as the “Contract”), and

WHEREAS, the Oneida County Attorney and the Oneida County Director of Purchasing have recommended the inclusion of the standard clauses set forth in this Addendum to be included in every Contract for which County is a party, now, thereafter, The parties to the attached Contract, for good consideration, agree to be bound by the following clauses which are hereby made a part of the Contract.

1. EXECUTORY OR NON-APPROPRIATION CLAUSE.

The County shall have no liability or obligation under this Contract to the Contractor or to anyone else beyond the annual funds being appropriated and available for this Contract.

2. ONEIDA COUNTY BOARD OF LEGISLATORS: RESOLUTION #249 SOLID WASTE DISPOSAL

REQUIREMENTS.

Pursuant to Oneida County Board of Legislator Resolution No. 249 of May 26, 1999, the Contractor agrees to deliver exclusively to the facilities of the Oneida-Herkimer Solid Waste Authority, all waste and recyclables generated within the Authority’s service area by performance of this Contract by the Contractor and any subcontractors. Upon awarding of this Contract, and before work commences, the Contractor will be required to provide Oneida County with proof that Resolution No. 249 of 1999 has been complied with, and that all wastes and recyclables in the Oneida-Herkimer Solid Waste Authority’s service area which are generated by the Contractor and any subcontractors in performance of this Contract will be delivered exclusively to Oneida-Herkimer Solid Waste Authority facilities.

3. CERTIFICATIONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS.

a. Lobbying. As required by Section 1352, Title 31 of the U.S. Code and implemented at 34 CFR Part 82 for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Section

82.105 and 82.110, the Contractor certifies that:

i. No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement.

ii. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant or cooperative agreement, the Contractor shall complete and submit Standard Form 111 “Disclosure Form to Report Lobbying,” in accordance with its instructions.

iii. The Contractor shall require that the language of this certification be included in the award documents for all subcontracts and that all subcontractors shall certify and disclose accordingly.

b. Debarment, Suspension and other Responsibility Matters. As required by Executive Order 12549, Debarments and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 83.105 and 85.110,

i. The Contractor certifies that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

B. Have not within a three-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

C. Are not presently indicted or otherwise criminally or civilly charged by a Government entity (federal, state or local) with commission of any of the offenses enumerated in subparagraph (B), above, of this certification; and

D. Have not within a three-year period preceding this Contract had one or more public transactions (federal, state, or local) for cause or default;

ii. Where the Contractor is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Contract.

c. Drug-Free Workplace (Contractors other than individuals). As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for Contractors, as defined at 34 CFR Part 85, Sections 85.605 and 85.610:

i. The Contractor will or will continue to provide a drug-free workplace by:

A. Publishing a statement notifying employees that the manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

B. Establishing an ongoing drug-free awareness program to inform employees about:

1) The dangers of drug abuse in the workplace;

2) The Contractor’s policy of maintaining a drug-free workplace;

3) Any available drug counseling, rehabilitation, and employee assistance program; and

4) The penalties that may be imposed upon an employee for drug abuse violation occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the Contract be given a copy of the statement required by paragraph (A), above;

D. Notifying the employee in the statement required by paragraph (A), above, that as a condition of employment under the Contract, the employee will:

1) Abide by the terms of the statement; and

2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statue occurring in the workplace no later than five (5) calendar days after such conviction;

E. Notifying the County, in writing within ten (10) calendar days after having received notice under subparagraph (D)(2), above, from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position and title, to:

Director, Grants Management Bureau, State Office Building Campus, Albany, New York 12240. Notice shall include the identification number(s) of each affected contract.

F. Taking one of the following actions, within thirty (30) calendar days of receiving notice under paragraph (D)(2), above, with respect to any employee who is so convicted;

1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency;

G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A),(B),(C),(D),(E) and (F), above.

ii. The Contractor may insert in the space provided below the site(s) for the performance of work done in connection with the specific contract.

Place of Performance (street, address, city, county, state, zip code).

d. Drug-Free Workplace (Contractors who are individuals). As required by the Drug-Free Workplace act of

1988, and implemented at 34 CFR Part 85, Subpart F, for Contractors that are individuals, as defined at 34 CFR Part 85, Sections 85.605 and 85.610:

i. As a condition of the contract, the Contractor certifies that he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the Contract; and

ii. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any contract activity, the Contractor will report the conviction, in writing, within ten (10) calendar days of the conviction, to:

Director, Grants Management Bureau, State Office Building Campus, Albany, NY 12240. Notice shall include the identification number(s) of each affected Contract.

4. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA).

When applicable to the services provided pursuant to the Contract:

a. The Contractor, as a Business Associate of the County, shall comply with the Health Insurance Portability and Accountability Act of 1996, hereinafter referred to as “HIPAA,” as well as all regulations promulgated by the Federal Government in furtherance thereof, to assure the privacy and security of all protected health information exchanged between the Contractor and the County. In order to assure such privacy and security, the Contractor agrees to enact the following safeguards for protected health information:

i. Establish policies and procedures, in written or electronic form, that are reasonably designed, taking into consideration the size of, and the type of activities undertaken by, the Contractor, to comply with the Standards for Privacy of Individual Identifiable Health Information, commonly referred to as the Privacy Rule;

ii. Utilize a combination of electronic hardware and computer software in order to securely store, maintain, transmit, and access, protected health information electronically; and

iii. Utilize an adequate amount of physical hardware, including but not limited to, locking filing cabinets, locks on drawers, other cabinets and office doors, in order to prevent unwarranted and illegal access to computers and paper files that contain protected health information of the County’s clients.

b. This agreement does not authorize the Contractor to use or further disclose the protected health information that the Contractor handles in treating patients of the County in any manner that would violate the requirements of 45 CFR § 164.504(e), if that same use or disclosure were done by the County, except that:

i. The Contractor may use and disclose protected health information for the Contractor’s own proper management and administration; and

ii. The Contractor may provide data aggregation services relating to the health care operations of the County.

c. The Contractor shall:

i. Not use or further disclose protected health information other than as permitted or required by this contract or as required by law;

ii. Use appropriate safeguards to prevent the use or disclosure of protected health information other than as provided for in this Contract;

iii. Report to the County any use or disclosure of the information not provided for by this Contract of which the Contractor becomes aware;

iv. Ensure that any agents, including a subcontractor, to whom the Contractor provides protected health information received from, or created or received by the Contractor on behalf of the County, agrees to the same restrictions and conditions that apply to the Contractor with respect to such protected health information;

v. Make available protected health information in accordance with 45 CFR §164.524;

vi. Make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR §164.528;

vii. Make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 164.528;

viii. Make its internal practices, books, and records relating to the use and disclosure of protected health information received from, or created or received by, the Contractor on behalf of the County available to the Secretary of Health and Human Services for purposes of determining the County’s compliance with 45 CFR § 164.504(e)(2)(ii); and

ix. At the termination of this Contract, if feasible, return or destroy all protected health information received from, or created or received by, the Contractor on behalf of the County that the Contractor still maintains, in any form, and retain no copies of such information; or, if such return or destruction is not feasible, extend the protections of this Contract permanently to such information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.

d. The Contractor agrees that this contract may be amended if any of the following events occurs:

i. HIPAA, or any of the regulations promulgated in furtherance thereof, is modified by Congress or the Department of Health and Human Services;

ii. HIPAA, or any of the regulations promulgated in furtherance thereof, is interpreted by a court in a manner impacting the County’s HIPAA compliance; or

iii. There is a material change in the business practices and procedures of the County.

e. Pursuant to 45 CFR § 164.504(e)(2)(iii), the County is authorized to unilaterally terminate this Contract if the County determines that the Contractor has violated a material term of this Contract.

5. NON-ASSIGNMENT CLAUSE.

In accordance with Section 109 of the General Municipal Law, this Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the County’s previous written consent, and any attempts to do so are null and void. The Contractor may, however, assign its right to receive payments without the County’s prior written consent unless this Contract concerns Certificates of Participation pursuant to Section 109-b of the General Municipal Law.

6. WORKER’S COMPENSATION BENEFITS.

In accordance with Section 108 of the General Municipal Law, this Contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this Contract for the benefit of such employees as are required to be covered by the provisions of the Workers’ Compensation Law.

7. NON-DISCRIMINATION REQUIREMENTS.

To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other state and federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a Contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this Contract shall be performed within the State of New York, the Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this Contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 of the Labor Law, the Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this Contract.

The Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this Contract and forfeiture of all monies due hereunder for a second or subsequent violation.

8. WAGE AND HOURS PROVISIONS.

If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 of the Labor Law, neither the Contractor’s employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said Articles, except as otherwise provided in the Labor Law and as set forth in prevailing wage and…