RFP.pdf

TOMPKINS COUNTY

2024 ROAD MATERIALS AND

HIGHWAY SERVICES RE-BID

TYPE 2 CRUSHER RUN (LIMESTONE)

GENERAL INSTRUCTIONS and CONDITIONS

Responses submitted to any Request for Bids, Request for Proposals, or Request for Qualifications become the property of Tompkins County and are subject to 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 (MBE)and Woman Owned Business Enterprise (WBE) entities are encouraged to submit bids.

Note: The following terms are used interchangeably: Consultant, Contractor, Respondent, Responder, and Bidder.

Additionally, the following terms may be used interchangeably: Contract and Agreement.

PROJECT IDENTIFICATION:

1. Title: 2024 Materials Re-Bid - Type 2 Crusher Run (Limestone)

2. Requesting Department: Tompkins County Highway Department

3. Due Date/Time: May 6, 2024 at 2 PM (ET)

SPECIFICATIONS:

The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of proposals.

SUBMISSION of PROPOSALS:

1. 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 BidNetDirect 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.

2. Please add purchase@tompkins-co.org and contracts@tompkinscountyny.gov to your email address book to ensure timely notifications regarding the project(s) you have requested.

3. 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.

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

*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.

http://www.tompkinscountyny.gov/purchase mailto:purchase@tompkins-co.org mailto:purchase@tompkins-co.org mailto:contracts@tompkinscountyny.gov mailto:purchase@tompkins-co.org

NOTICE TO BIDDERS

HIGHWAY SERVICES & ROAD MATERIALS REBID -

TYPE 2 CRUSHER RUN (LIMESTONE)

BIDS will be accepted for Type 2 Crusher Run (Limestone) listed below up until 2 PM (EDT), on May 4, 2024.

Specifications, including submittal requirements, may be obtained upon registration at the following website:

www.tompkinscountyny.gov/purchase.

Questions regarding the bidding process may be directed to purchase@tompkins-co.org. Tompkins County reserves the right to waive any informalities and to reject any or all bids.

DETAILED SPECIFICATIONS GENERAL INFORMATION:

For information regarding the bid package and/or bidding procedures contact purchase@tompkins- co.org or (607) 274-5500.

For information regarding the technical specifications, contact:

Tompkins County Highway Department 170 Bostwick Road Ithaca, NY 14850

(607) 274-0300

Jeffrey Smith, jsmith@tompkins-co.org

Jim Morse, jmorse@tompkins-co.org http://www.tompkinscountyny.gov/purchase mailto:purchase@tompkins-co.org mailto:purchase@tompkins-co.org mailto:purchase@tompkins-co.org mailto:jsmith@tompkins-co.org mailto:jmorse@tompkins-co.org

GRAVEL AND STONE PRODUCTS

I. SCOPE

A. The scope of this specification shall cover the material details, quality standards, and policies for the bidding, award, and purchase of Type 2 Crusher Run (Limestone).

II. DEFINITIONS - Limestone

A. Where denoted on the bid forms, the term “limestone” shall mean a material produced by the crushing, blasting, or quarrying of Limestone Ledgerock. In these instances, only limestone materials will be accepted and should be priced accordingly.

III. MATERIAL

A. All Gravel and Stone Products shall come from the processing of naturally occurring materials. No recycled materials or blends of recycled materials will be accepted.

B. All Gravel and Stone Products shall be found on the most current NYSDOT Approved List for Sources of Fine and Coarse Aggregates (where applicable) and shall have a NYSDOT source number and location number included in the bid information.

1. Unapproved sources of Gravel and Stone Products shall provide a sieve analysis in accordance with ASTM

C136 and a Magnesium Sulfate Soundness Test in accordance with ASTM C88 for evaluation.

C. Type 2 Crusher Run shall consist of crushed stone that is the product of crushing or blasting of ledge rock and shall conform to the gradation requirements shown in Table 733-04A- Subbase Gradation, Type 2.

1. Type 2 Crushed gravel shall consist solely of fractured particles. The substitution of screened, rounded material or crushed gravel will not be accepted.

2. The following material requirements from Section 733-04 shall apply unless otherwise noted elsewhere in this specification:

a) Paragraph A- Composition (excepting recycled materials and blends)

b) Paragraph C- Gradation

c) Paragraph D- Plasticity Index

d) Paragraph E- Durability (excepting recycled materials and blends)

e) Paragraph F- Elongated Particles

IV. METHOD OF MEASUREMENT

A. All Gravel and Stone products shall be measured in English Tons of material as measured on certified truck scales at the bidder’s pit.

1. The County reserves the right to verify the accuracy and/or certification of the bidder’s scales at any time.

Should the certification of the bidder’s truck scales expire, or the accuracy is found to be below acceptable standards, the County shall reserve the right to purchase materials from the next low bidder.

V. BASIS OF PAYMENT

A. F.O.B. Materials

1. Payment shall be made based upon the actual number of English Tons loaded onto County trucks.

VI. BASIS OF AWARD

A. F.O.B. Materials

1. Award shall be made based upon the unit price per ton bid resulting in the lowest net cost to the County.

VII. MISCELLANEOUS REQUIREMENTS

A. F.O.B. Materials

1. Vendor shall be obligated to load materials onto County trucks with his/her own equipment.

2. Vendor shall be required to provide truck scales for accurate measurement of materials and shall keep truck scales in proper working order, to include any necessary calibrations and certifications by an officer of the appropriate Weights and Measures Department.

----- END OF SPECIFICATION -----

BID FORM: GRAVEL AND STONE PRODUCTS

COMPANY NAME:

CONTACT NAME: CONTACT TITLE:_______________________________

CONTACT PHONE: CONTACT EMAIL:_______________________________

BID:

FOB MATERIALS:

CRUSHED STONE PRODUCTS:

STONE SIZE LIMESTONE PRICE PER TON

TYPE 2 CRUSHER RUN

PIT LOCATION

(FULL ADDRESS)

NYSDOT SOURCE NUMBER

NYSDOT LOCATION NUMBER

SUBMISSION DEADLINE:

The deadline for submission of proposals is May 6, 2024 @ 2 PM ET.

SPECIFICATION CLARIFICATION:

Clarification to the specifications must be submitted, via Bidnet Direct, no later than seven (7) days prior to the bid/rfp due date before 5 PM on April 29, 2024. Answers to questions will be posted on Bidnet Direct as they are available.

DISQUALIFICATION:

1. The County reserves the right to refuse to issue a Contract to a prospective vendor should such vendor 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 specifications as a requirement for responding.

(b) Contractor’s default under previous contracts with the County.

(c) Contractor’s unsatisfactory work on previous contracts with the County.

2. Responses received from Contractors who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A response may be rejected if the Contractor cannot show that it has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or time specified. A response may be rejected if the Contractor is already obligated for the performance of other work which would delay the commencement, performance or completion of the work if the Contractor is not able to demonstrate the ability to fulfill the requirements of the proposal in a manner agreed upon by the County and the Contractor.

3. Tompkins County reserves the right to reject any proposal if the information submitted by, or investigation of, such Contractor fails to satisfy the County that such Contractor 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.

Contract Extension:

The County agrees, under the General Municipal Laws of New York State 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:

Contract period shall be from June 1, 2024 through March 31, 2025.

Contract Award:

The Contract award, if any, will be made on or around Friday, May 10, 2024. The Contract shall be awarded to the

Respondent(s) who submits the proposal that proves to be in the best interest of the County.

The resulting Contract will incorporate Tompkins County Contract Terms and Conditions, this RFP, any addendum, and Bidder’s response thereto, all additional agreements and stipulations, and the results of any final negotiations will constitute the final Contract. The terms and conditions as contained in the Contract for services shall take precedence over any conflicting terms.

Payment Terms:

Payment terms to be negotiated. Interest penalties to the County will not be allowed. Tompkins County is not subject to Federal, State, or Local taxes.

Non-Appropriation Clause:

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. As a result, 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. 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 termination.

Indemnification, Hold Harmless, and Insurance:

• 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 this Agreement 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 this Agreement whether it is terminated or expired. The successful bidder shall maintain the minimum limits of insurance as outlined by this

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 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.

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.

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. An organization-wide understanding and acceptance of the purpose and reasons for diversity; All Respondents must comply with the Workforce Diversity and Inclusion terms and conditions as well as sign an Anti-discrimination certificate. 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 the any contract that results from this solicitation without the express written consent of the County.

Governing Law:

Any resulting Agreement and any controversies arising hereunder, shall be interpreted, governed, and construed under the laws of the State of New York. The Bidder consents to the exclusive jurisdiction of, and venue in, the

State and Federal Courts within Tompkins County, New York. Any such Agreement is binding on all successors, heirs, executors, administrators, representatives, and assigns of all the Bidder/Contractor.

The successful bidder is responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this solicitation.

Interpretation:

In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this RFP, and/or, the Agreement (between the County and the successful Proposer) and its incorporated documents, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement or ambiguity: 1) the Agreement; 2) the RFP; 3) the Contractor’s proposal.

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.

Conflict of Interest:

No officer or employee of the County shall participate in any decision relating to the Contract which affects their personal interest or the interest of any corporation, partnership, or association in which they are directly or indirectly interested.

New York State Sexual Harassment Legislation:

By submitting a response to this solicitation, the Bidder hereby represents that they comply with the New York State

Sexual Harassment Legislation and that said Bidder has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees.

Living Wage:

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.

If Contractor certifies on Tompkins County Livable Wage attestation that its employees directly providing services outlined in the 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 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 at www.tompkins-co.org or a copy can be obtained from

Tompkins County Administration, 125 East Court Street, Ithaca, NY 14850.

In the event that New York State Labor Law at Article 9, Sections 230-239-A 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 law 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 http://www.tompkins-co.org/ 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 which 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.

Contractors shall promptly notify the County if any employee, director, officer, or subcontractors is on or has been added to the exclusion list. The County reserves the right to immediately cancel an Agreement, at no penalty to the

County, if any employee, director, officer, or subcontractors is on or has been added to the exclusion list.

By submitting a response to a Request for Proposals, 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

Tompkins County

Request for Proposal – 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 and complete all sections and attachments. 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 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’.

• 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 Public Information Policy.

• 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.

Submission of Proposals:

1. Responses to this RFP and any other required documents shall be submitted through the Tompkins County website at: www.tompkinscountyny.gov/purchase (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 to make the award in a manner deemed to be in the best interest of the County, and to correct any award erroneously made as the result of a clerical error on the part of the County.

http://www.tompkinscountyny.gov/purchase

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 BidNetDirect 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.

mailto:purchase@tompkins-co.org

COUNTY OF TOMPKINS

GENERAL CONDITIONS

AFFIDAVIT OF NON-COLLUSION

NAME OF RESPONDER: PHONE NO.:

BUSINESS ADDRESS: EMAIL:

I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of the proposal, or if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on their behalf and on behalf of my company.

I further attest that:

1. The prices in this bid/proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition with any other Contractor, Responder or potential Bidder; and

2. Neither the price(s), nor the amount of this bid/proposal, have been disclosed to any other firm or person who is a Responder or potential Responder on this project, and will not be so disclosed prior to bid/proposal opening;

and

3. No attempt has been made or will be made to solicit, cause, or induce any company or person to refrain from responding to this RFP, or to submit a bid/proposal higher than the proposal of this company, or any intentionally high or non-competitive bid/proposal or other complementary proposal; and

4. The bid/proposal of my company is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary proposal; and

5. My company has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other company or person, offeror, promised or paid cash of anything of any value to any company or person, whether in connection with this or any other project, in consideration for an agreement or promise by a company or person to refrain from responding to this RFP or to submit a complementary bid/proposal on this project; and

6. My company has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any company or person, and has not been promised or paid cash or anything of value by and company or person, whether in connection with this or any project, in consideration for my company submitting a complementary bid/proposal or agreeing to do so on this project; and have made a diligent inquiry of all members, officers, employees, and agents of my company with responsibilities relating to the preparation, approval or submission of my company’s proposal on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion act or other conduct inconsistent with any statements and representations made in this affidavit.

7. By submission of this proposal, I certify that I have read, am familiar with, and will comply with any and all segments of these specifications.

The person signing this proposal, under the penalties of perjury, affirms the truth thereof.

Signature & Company Position:

Print Name & Company Position:

Company Name:

Date Signed:

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 he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Commissioner for Human Rights, 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 him 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 State Commission for Human Rights 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 State Commission for Human Rights 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 State

Commission for Human Rights 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 State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commission for Human Rights, 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 and

Civil Rights Law.

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 State Commission for Human Rights 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 he satisfies the State

Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and opportunity has been afforded him to be heard publicly before three members of the Commission. 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 him 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

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.

______________County, New York

Dated: _____________, 20______

Name of Bidder

Signature of Authorized Official

Printed or Typed Name of Official and Title

Sworn to before me this

________ day of ____________, Attachment A - 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 proposals.

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?_____________

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_____________

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

Contractor/Subcontractor 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 by the Contractor, its employees, subcontractors or agents except all actions and claims arising out of the negligence of Tompkins County. The Contractor/Subcontractor 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 Aggregate $2,000,000

Products/Completed Operations Aggregate $2,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Medical Expense $5,000

• Contractor/Subcontractor shall maintain coverage for itself and all additional insureds for the duration of the

Agreement.

• Policy may not contain any exclusions relating to NY Labor Law or municipal work.

• It is expressly understood and agreed by the Contractor that the insurance requirements specified above, contemplate the use of occurrence liability forms.

• Tompkins County and its officers, employees, agents and elected officials are to be included as Additional

Insured’s on a primary and non-contributory basis.

• If applicable, Contractor, Owner, and all other parties required of the Contractor shall be included as Additional

Insured included Completed Operations on the CGL, using ISO Additional Insured Endorsement CG2010 (11/85) or

CG2010 (04/13) AND CG2037 (04/13) or CG2037 (04/13) AND CG2038 (04/13) or an endorsement providing equivalent coverage to the additional insureds. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured Contractor/Subcontractor. It shall apply as Primary and non-contributing

Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured.

C.) Commercial Umbrella $1,000,000

• Policy may not contain any exclusions relating to NY Labor Law or municipal work.

• Tompkins County and its officers, employees, agents and elected officials are to be included as Additional

Insured’s on a primary and non-contributory basis.

• Umbrella coverage must include as insureds all entities that are additional insureds on the CGL.

• Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL, Auto Liability, and Employers Liability coverages maintained by the Contractor/Subcontractor.

D.) Business Auto Coverage Liability for Owned, $1,000,000 CSL or

Hired and Non-Owned $500,000 Per Person BI

$1,000,000 Per Accident BI

$250,000 PD Split Limits

• Contractor, Owner, and all other parties required of the Contractor shall be included as insureds on the auto policy.

E.) Waiver of Subrogation

Contractor/Subcontractor waives all rights against Tompkins County and its officers, employees, agents and elected officials for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability, or workers compensation and employers liability insurance maintained per requirements stated above.

All insurance shall be written with insurance carriers licensed by New York State and have an A.M. Best’s Key Rating no lower than “A – X”. Proof of insurance shall be provided on the Acord Certificate of Insurance, Acord 25 (03/2016), or insurance company certificate. All insurance policies and Certificates shall contain a provision that coverage afforded under the policies will not be canceled, allowed to expire, or materially changed (except for non-payments) until at least thirty (30) days prior written notice has been given to the County. All Certificates must be signed by a licensed agent or authorized representative of the insurance company. Certificates of Insurance shall be submitted with the RFP, bid, and/or signed agreement.

Attachment C

VENDOR RESPONSIBILITY QUESTIONNAIRE

FEIN#

VENDOR IS: □ PRIME CONTRACTOR □ SUB-CONTRACTOR

IDENTIFICATION NUMBER:

WEBSITE ADDRESS:

VENDOR’S LEGAL BUSINESS NAME: D/B/A – DOING BUISNESS AS:

(if applicable)

ADDRESS OF PRIMARY PLACE OF BUSINESS: ADDRESS OF PRIMARY PLACE OF

BUSINESS IN NEW YORK STATE (if different):

TELEPHONE: TELEPHONE:

FAX: FAX:

AUTHORIZED CONTACT FOR THIS QUESTIONNAIRE:

NAME:

TITLE:

TELEPHONE:

EMAIL:

LIST ALL OF THE VENDOR’S PRINCIPAL OWNERS:

NAME: TITLE:

NAME: TITLE:

A DETAILED EXPLANATION IS RQUIRED FOR EACH QUESTION ANSWERED WITH A “YES”, AND

MUST BE PROVIDED AS ANO ATTACHMENT TO THE COMPLETE QUESTIONNAIRE. YOU MUST

PROVIDE ADEQUATE DETAILS OR DOCUMENTS TO AID THE COUNTY IN MAKING A

DETERMINATION OF VENDOR RESPONSIBILITY. YOU MUST NUMBER EACH RESPONSE TO MATCH

THE QUESTION NUMBER.

1. DOES THE VENDOR USE, OR HAS IT USED IN THE PAST FIVE (5) YEARS, ANY OTHER BUSINESS

NAME, FEIN, OR D/B/A OTHER THAN THOSE LISTED ABOVE? List all other business name(s), Federal

Employer Identification Number(s) or D/B/A names and the dates that these names or numbers were/are in use.

Explain the relationship to the vendor. □ YES □ NO

2. ARE THERE ANY INDIVIDUALS NOW SERVING IN A MANAGERIAL OR CONSULTING CAPACITY

TO THE VENDOR, INCLUDING PRINCIPAL OWNERS AND OFFICERS, WHO NOW SERVE OR IN

THE PAST ONE (1) YEARS HAVE SERVED AS:

a) An elected or appointed public official or officer? □ YES □ NO

List each individual’s name, business title, the name of the organization and position elected or appointed to, and dates of service.

b) An officer of any political party organization in Tompkins County, whether paid or unpaid?

□ YES □NO

List each individual’s name, business title or consulting capacity and the official political position held with applicable service dates.

3. WITHIN THE PAST FIVE (5) YEARS HAS THE VENDOR, ANY INDIVIDUAL(S) SERVING IN A

MANAGERIAL OR CONSULTING CAPACITY, PRINCIPAL OWNER(S), OFFICER(S), MAJOR

STOCKHOLDER(S), AFFILIATE OR ANY PERSON INVOLVED IN THE BIDDING OR CONTRACTING

PROCESS:

a) 1. Been suspended or terminated by a local, state or federal authority in connection with a contract or contracting process;

2. Been disqualified for cause as a Bidder on any permit, license, concession franchise or lease;

3. Entered into an agreement to a voluntary exclusion from bidding/contracting;

4. Been subject to an administrative proceeding or civil action seeking specific performance or restitution in connection with any local, state, or federal government contract;

5. Been denied an award of a local, state, or federal government contract, had a contract suspended or had a contract terminated for non-responsibility; or

6. Had a local, state, or federal government contract suspended or terminated for cause prior to the completion of the term of the contract. □YES □NO

b) Been indicted, convicted, received a judgment against them or a grant of immunity for any business-related conducting constituting a crime under local, state or federal including but not limited to, fraud, extortion, bribery, racketeering, price-fixing, bid collusion or any crime related to truthfulness and/or business conduct? □ YES □ NO

c) Been issued a citation, notice, violation order, or are pending an administrative hearing or proceeding or determination of violations of:

1. Federal, state, or local health laws, rules or regulations. □ YES □ NO

4. IN THE PAST THREE (3) YEARS, HAS THE VENDOR OR ITS AFFILIATES HAD ANY CLAIMS,

JUDGMENTS, INJUNCTIONS, LIENS, FINES OR PENALTIES SECURED BY ANY GOVERNMENTAL

AGENCY?

Indicate if this is applicable to the submitting vendor or affiliate. State whether the situation(s) was a claim, judgment, injunction, lien or other with an explanation. Provide the name(s) and address(es) of the agency, the amount of the original and outstanding balance. If any of these items are open, unsatisfied, indicate the status of each item as “open” or “unsatisfied”. □ YES □ NO

5. DURING THE PAST THREE (3) YEARS, HAS THE VENDOR FAILED TO:

a) File any returns or pay any applicable federal, state or city taxes?

Identify the taxing jurisdiction, type of tax, liability year(s), and tax liability amount the vendor failed to file/pay and the current status of the liability. □ YES □ NO

b) File returns or pay New York State unemployment insurance?

Indicate…