Sewer Rehabilitation Engineering Services

REQUEST FOR PROPOSALS SEWER REHABILITATION ENGINEERING SERVICES CWSRF Project No. C6-6070-11-00 Oneida County Department of Water Quality and Water Pollution Control RFP No. 2024-382 March 22, 2024 This Request for Proposals (RFP) is being sent to interested engineering firms (Engineer) for providing Engineering Services for Sewer Rehabilitation. Submissions are to be delivered to the following name and address: Hard Copy to: Commissioner Oneida County Department of Water Quality and Water Pollution Control 51 Leland Avenue P.O. Box 442 Utica, NY 13503-0442 The envelope for hard copy submissions must be clearly marked “Sewer Rehabilitation Engineering Services— Oneida County Department of Water Quality and Water Pollution Control.” And Electronic Copy to: WPC@ocgov.net. The subject line for electronic submissions must state: “Sewer Rehabilitation Engineering Services— Oneida County Department of Water Quality and Water Pollution

Control.” Submissions must be received by no later than 3:00 PM on April 24, 2024. Submissions received after this date and time will not be accepted. Questions regarding this RFP are to be directed to Dale Lockwood, Chief Operator, in writing (dlockwood@ocgov.net). The deadline for receipt of questions is April 17, 2024. The County will circulate its responses to questions to all Engineers. The County reserves the right to reject any or all proposals received. The County, in order to promote its established Affirmative Action Plan, welcomes proposals from underrepresented groups. This RFP is open 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. Anthony J. Picente, Jr. County Executive Karl E. Schrantz, P.E. Commissioner ONEIDA COUNTY DEPARTMENT OF WATER QUALITY & WATER POLLUTION CONTROL 51 Leland Ave, PO Box 442, Utica, NY 13503-0442 Phone: (315) 798-5656 Email: wpc@ocgov.net Fax: (315) 724-9812 mailto:WPC@ocgov.net mailto:dlockwood@ocgov.net Oneida County Request for Proposals 2 -Sewer Rehabilitation Engineering Services 1.0 DESCRIPTION OF PROPOSED SERVICES 1.1 Oneida County (County), through its Department of Water Quality and Water Pollution Control (Department), administers the functions of the Oneida County Sewer District (District). This includes the management and operation of the Water Pollution Control Plant (WPCP), Sauquoit Creek Pumping Station (SCPS) and Barnes Avenue Pumping Stations (BAPS), and in excess of 45 miles of interceptor sewer and force main. The District is composed of 15 municipalities who own and operate their own sanitary sewer collection systems. 1.2 Until recently, the County was under consent order (No. R620060823-67) from the New York State Department of Environmental Conservation (NYSDEC) to mitigate sanitary sewer overflows (SSO) at the SCPS. To meet the conditions of the consent order, several sewer rehabilitation projects were completed. Although the consent order is now closed, the County will continue to work with the District municipalities to address excessive inflow and infiltration (I/I). 1.3 Through collection system flow metering, the County has identified several areas which show excessive I/I. Refer to Attachment #1 - Collection System Rehabilitation Evaluation Report (June 16, 2022). 1.4 The County has been designated a $26.5M funding package through the New York State Environmental Facilities Corporation (NYSEFC). This includes a combination of subsidized loan, Bipartisan Infrastructure Law (BIL) grant, and Water Infrastructure Improvement Act (WIIA) grant. The project is classified by NYSEFC as an “equivalency” project and is subject to the requirements identified in the “Mandatory State Revolving Fund Equivalency Project Terms and Conditions” dated October 1, 2023 and as found at https://efc.ny.gov/system/files/documents/2023/06/equivalency-guidance-packet-2023.pdf. 1.5 The purpose of this RFP is to obtain engineering services associated with the engineering design, regulatory coordination, bid phase services, and associated project support necessary for the continuation of sewer rehabilitation projects in the District as part of a district wide I/I reduction program. It is anticipated that several methods of rehabilitation will be used such as cured in place liners (CIPP), test and seal of pipe joints, open cut repairs and replacements, etc. 1.6 Work associated with this RFP will include preliminary design and development of basis of design information including condition assessments, regulatory coordination and summary of permitting requirements. 1.7 Once preliminary design effort is complete, final design services phase will commence. Final design services shall include providing final design recommendations for rehabilitation methods. Once 100% biddable documents are complete, the project will be publicly bid. Construction administration will be performed, including document control, submittal review, responding to RFIs, and inspection services. It is anticipated that multiple bid packages will be issued due to the size of the financing package. 1.8 Due to the size of the program, the County reserves the right to award contracts to one or more engineering firms in order to complete the scope of work. https://efc.ny.gov/system/files/documents/2023/06/equivalency-guidance-packet-2023.pdf Oneida County Request for Proposals 3 -Sewer Rehabilitation Engineering Services 1.9 In addition to the physical infrastructure owned and operated by the members of the District, the County has the following tools that will be made available to the selected engineer(s) to support the scope of work: • 60+ collection system flow meters installed throughout the district. • Central Square (formerly Lucity) Computerized Maintenance Management System (CMMS) which contains collection system condition information for the Sauquoit Creek sewer basin. • GIS Mapping of the collection system. • Historical CCTV Data for portions of the system hosted on the SewerAI Pioneer Platform. Oneida County Request for Proposals 4 -Sewer Rehabilitation Engineering Services 2.0 SCOPE OF SERVICES 2.1 This RFP is intended to solicit engineering services for the County’s sewer rehabilitation program. 2.2 Services include the following: - Preliminary Design The engineer will use a combination of existing available data provided by the County, as well as additional investigative measures and techniques recommended by the engineer to determine the specific limits within the municipal collection systems which require rehabilitation. - Base Mapping For purposes of this RFP, it is assumed that the existing mapping sources, including the County’s GIS mapping of the sewer systems, LiDAR data, and available record drawings will be sufficient for the sewer rehabilitation purposes and can be used for the preparation of construction drawings. In support of the base mapping and preliminary design efforts, the engineering team will also perform a supplemental site walk/investigation of the probable construction project area to observe site features, sewer infrastructure features, and other conditions that may be beneficial during the design effort. - Regulatory Coordination Rehabilitation of existing sewers has been identified as a Type II Action under the State Environmental Quality Review Act (SEQRA). Therefore, no further SEQR action is anticipated with respect to sewer rehabilitation. The sewer system is composed of a variety of pipe materials including vitrified clay pipe, PVC, concrete, ductile iron, and asbestos cement pipe (ACP). Repair and replacement procedures on ACP are subject to New York State Department of Labor (NYSDOL) regulations for asbestos under Industrial Code Rule 56 (ICR 56). Engineer will be responsible for all regulatory coordination regarding ACP including obtaining variances as may be required. The project may require coordination and/or plan approval in advance of construction. A preliminary list of those agencies include: • New York State Department of Transportation – Work within highway rights-of-way. • Oneida County Department of Public Works – Work within highway rights-of-way. • New York State Environmental Facilities Corporation – Plan approval. Oneida County Request for Proposals 5 -Sewer Rehabilitation Engineering Services • New York State Department of Environmental Conservation – Plan approval. • CSX Transportation, Inc. – Railroad rights-of-way access permit. • Local Municipalities – Work within public rights-of-way. - Basis of Design Report A brief basis of design report will be prepared for each planned rehabilitation project and will be submitted along with the corresponding set of plans and specifications to NYSDEC and NYSEFC as part of the review and approval process. The report will include the following: • Description of proposed sewer rehabilitation work, including location and itemized listing of defects with proposed method of rehabilitation/repair. • Anticipated benefits of sewer rehabilitation work based on previously approved estimated I/I reduction. • Opinion of probable project costs. • Estimated construction schedule. - Construction Documents The engineering team will prepare drawings and specifications for the proposed sewer rehabilitation projects. Documents will be suitable for public bidding and will include the following: • Establishment of location-specific rehabilitation techniques and generation of construction drawings. Based on Preliminary Design findings, appropriate techniques will be prescribed by the Engineer such as: chemical grouting, spot repairs, CIPP lining; pipe replacement; easement access improvements; inflow source removal (elimination of direct and/or indirect cross connections), including private property sources; and/or construction of storm water facilities to accommodate I/I source removal. • Coordination with the local municipalities regarding planned construction work. • Prepare location-specific sewer rehabilitation construction details, where appropriate. • Prepare maintenance and protection of traffic details, as required. • Prepare erosion and sediment control details, as required. • Prepare technical specifications. • Preparation of front end (construction contract) documents. EJCDC master contract documents, modified to meet the requirements of the County, will be utilized. Oneida County Request for Proposals 6 -Sewer Rehabilitation Engineering Services • Provide the County with 95% construction documents for review and comment. This includes review meetings with the County to address questions. • Submit bid-ready plans and specs to EFC at least 60 days before advertisement. - Bid Phase Services The engineering team will assist the County with the public bidding of a sanitary sewer rehabilitation bid package(s). Services will include: • For each construction contract, assemble a complete set of bidding documents including project-specific bid form and other related front-end documents. • Incorporate NYSEFC required documents and contracting language. • Printing of hard copy documents for use by County and Engineer for each construction contract. • Coordination and attendance at one (1) pre-bid meeting for each bid and prepare meeting notes for distribution to plan holders. • Address questions raised by the contractors. • Prepare addenda, if needed. • Canvass the bids and present results to the County. - Data Management Completed construction work will be documented and incorporated into the County’s CMMS. The engineering team will use the CMMS to generate work orders and collect construction data. The engineering team will work closely with the County Planning Department on this task. Rehabilitation data will be directly entered onto the County server. - Funding Agency Coordination The engineering team will assist the County with the coordination of NYSEFC project requirements. This includes: • Coordination, monitoring, and administration of all NYSEFC project funding requirements as detailed in “Mandatory State Revolving Fund Equivalency Project Terms and Conditions” dated October 1, 2023. • Coordination of NYSEFC design review. • Troubleshooting and coordination of funding-related administrative items that may develop from time to time between the County and NYSEFC. Oneida County Request for Proposals 7 -Sewer Rehabilitation Engineering Services • Compile/assemble and submit all documents required by NYSEFC. - Construction Administration • Prepare construction contracts for execution by the County and Contractor(s). • Coordinate and attend pre-construction meeting(s) and prepare meeting notes for distribution to the project team. • Review the shop drawings and submittals for related work. • Address technical questions raised by the Contractor(s). • Review payment applications. • Site visits by the Project Manager and/or Design Team members to review overall project status. • Conduct construction progress meetings with the contractor(s) as needed. • Preparation of record drawings based on completed construction information supplied by the contractor(s) and data as collected in the “Data Management” task above. - Construction Observation In order to monitor the contractor’s conformance with the plans and specifications, construction representatives (“inspectors”) with specific experience in collection system rehabilitation and pipeline construction will be assigned by the engineer to the various construction contracts. The inspectors will provide the following services: • Observe construction activities to assess that the work is constructed in conformance with the approved plans and specifications and subsequent field orders/change orders. • Monitor and document installed unit price quantities. • Coordinate construction schedule updates from the Contractors. • Prepare daily field reports. • Provide documentation of completed construction work in support of the data management effort by the engineering team. • Maintain construction photo log. • Review draft payment applications for accuracy and completeness prior to the Contractor’s formal submission to the Engineer. Oneida County Request for Proposals 8 -Sewer Rehabilitation Engineering Services • Review and address technical questions raised by the Contractor. Coordinate response with the design team as necessary. • Coordinate and/or conduct construction progress meetings, when required. • Maintain an updated set of record drawings throughout each construction contract. - Project Management Project management will include staffing and resource allocation, subconsultant coordination, cost control, and administrative assistance to the Department on an as needed basis. Additionally, services will include the tracking and reporting of the consultant team’s DBE and EEO efforts in accordance with NYS Executive Law 15-A and services required to comply with NYSEFC requirements. 2.3 Engineer’s Responsibilities The Engineer will provide the engineering services necessary to develop and produce a complete deliverable that will satisfy the scope of work negotiated. The Engineer will work with, and carefully consider the input by the Department’s staff but based on the Engineer’s own experience and ability, will be solely responsible to provide a complete and constructable deliverable in accordance with applicable standards/regulations and the requirements of the scope of work. Use of subcontractors is allowed; it is expected that the division of work will be properly coordinated and will be seamless when work products are delivered to the County. The potential for use of teaming partners and/or subcontractors will be clearly identified in the submission. 2.4 Oneida County’s Responsibilities The County will, at the Engineer’s request, provide information and material on file that is pertinent to the project. Department staff will also be available to coordinate with the Engineer. 2.5 Authorization of Work The County will negotiate the scope of services and the cost basis with the selected Engineer prior to the authorization of a contract as described in Section 5.0. 3.0 SUBMISSION CONTENT AND FORMAT Each Engineer is invited to respond to this RFP in written and electronic form to the Department. Submissions must be received by the time and date noted in the advertisement. Late submissions will be rejected. Submissions must include: - A cover letter introducing the Engineer, its relevant knowledge and experience, and an explanation of why it is qualified to perform the tasks required by this RFP; Oneida County Request for Proposals 9 -Sewer Rehabilitation Engineering Services - The actual legal name of the proposing entity, its corporate form, its state of incorporation, the legal name of all parent entities, and the address of its principal place of business; - A listing of the Engineer’s primary team personnel and qualifications, including all professional licenses and certifications. Include only those who will be actively engaged in the project; - A list of the Engineer’s experience on the design and construction of sewer rehabilitation projects; - A detailed discussion on the Engineer’s approach to undertaking the scope of work of this project; - Discussion on the Engineer’s approach to overall project cost control in order to maximize the efficient use of project funds; - Three references, including email addresses and phone numbers, of clients previously or currently served by the Engineer, preferably from municipal or governmental clients; and - Signed originals of the Required Certifications enclosed as Appendix A. By responding to this RFP, the Engineer expressly agrees to the terms of the RFP documents including those in Appendix B “Standard Oneida County Conditions”, as well as the conditions set forth in the requirements for Equivalency projects funded by the NYS Clean Water State Revolving Fund including: • Participation by Disadvantaged Business Enterprises (“DBE”) in United States Environmental Protection Agency (“EPA”) Programs pursuant to 40 CFR Part 33; • Equal Employment Opportunities pursuant to Titles VI and VII of the Civil Rights Act of 1964, 40 CFR Part 7, and 41 CFR Part 60-1 Subpart A; • Prohibition on certain telecommunication and video surveillance services or equipment, implementing section 889 of Public Law 115-232. 3.1 Qualifications The Engineer must reserve for this project at least one Professional Engineer licensed by the State of New York with documented experience in a field related to this project. The Engineer must demonstrate within their statement of qualifications that they have the staff (in-house or subcontracted) to meet the intent of the proposed contract. Team Qualifications - Include a list of your proposed key team members along with a brief statement of their background and experience. Resumes of only key team members who will be involved in the day-to-day assignments may be submitted. Limit resumes to one page of relevant experience. Oneida County Request for Proposals 10 -Sewer Rehabilitation Engineering Services Engineer Qualifications - A list of the Engineer’s experience on the design and construction of sewer collection systems with emphasis on sewer rehabilitation. 3.2 Technical Approach The scope of work is generally described in Section 2.0. The Engineer shall define their technical approach to accomplishing the goals of this RFP based on the Engineer’s knowledge and experience. 3.3 Local Participation For purposes of this RFP, the County requires that the local office of the selected Engineer be located no further than 200 miles from the Oneida County Water Pollution Control Plant. Additionally, no less than 80 percent of the work is to be performed by the local office. Work performed by subcontractors located within 200 miles of the Oneida County Water Pollution Control Plant will count toward the 80-percent. 3.4 DBE Participation The County encourages respondents to make every good faith effort to promote and assist the participation of New York State certified Disadvantaged Business Enterprises (DBE) as subcontractors. The County has received grant funding from various sources for this project. As such the County is establishing a 20 percent combined DBE participation goal for this project. 4.0 SCHEDULE AND LENGTH OF SERVICE It is anticipated that this contract will commence on or about June 12, 2024, and extend through completion of construction. 5.0 ENGINEER SELECTION PROCESS The Department will review the submissions and will rate them based on the following criteria: - Engineer/Team Qualifications: 25 points - Key Personnel Qualifications/Experience/References: 35 points - Technical Approach: 20 points - Main Office/Staff Locality: 20 points Maximum Score: 100 points The Department will select at least three Engineering Firms considered to be the most highly qualified to provide the required services. Interviews with those firms may be conducted. Contract negotiation with the highest ranked Engineering Firm will commence to determine compensation that is fair and reasonable based on a clear understanding of the project scope, Oneida County Request for Proposals 11 -Sewer Rehabilitation Engineering Services complexity, professional nature, and the estimated value of the services to be rendered. If a contract cannot be negotiated with the highest ranked Engineering Firm, negotiations will then proceed with the next highest ranking Engineering Firm, and so on. The Engineer and any subcontractors agree that should it be awarded a contract it will not discriminate against any person who performs work under this contract because of age, race, color, sex, creed, sexual orientation, national origin, or disability. 6.0 The Engineer expressly warrants to Oneida County that it has the ability and expertise to perform its responsibilities under this contract, and in doing so will use the highest standards of professional workmanship. 7.0 By responding to this RFP, the Engineer agrees to accept all the terms and conditions of the RFP documents, including the “Mandatory State Revolving Fund Equivalency Project Terms and Conditions” dated October 1, 2023 and found at https://efc.ny.gov/system/files/documents/2023/11/equivalency-tc-2024.pdf. 8.0 The Engineer agrees to complete all work in a timely manner as specified or indicated in the documents for the agreed upon scope and price. 9.0 Oneida County reserves the right to reject any or all submissions, to waive any informality or technical defect in the submissions, or to award the contract in whole or in part if deemed to be in the best interest of Oneida County to do so. Unsuccessful Engineers may request an explanation of the reasons why an award was not made to them. 10.0 Oneida County reserves the right to reject any submission if the information submitted by, or investigation of, such Engineer fails to satisfy Oneida County that such Engineer is properly qualified to carry out the obligations of the contract, that the Engineer has the experience required to perform the contract (as determined by Oneida County in its sole discretion), and to complete the work contemplated therein. Oneida County further reserves the right to reject any submission where the Engineer’s references provide negative, reluctant, or equivocal information concerning the Engineer’s previous performance. 11.0 Oneida County reserves the right to refuse to issue submission documents or accept packets from Engineers who have previously failed to complete contracts within the time frame required or have previously performed work in an unsatisfactory manner. A submission may be rejected if the Engineer cannot show that it has the necessary ability to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or within the time specified. A submission may be rejected if the Engineer is already obligated for the performance of other work which would delay the commencement, performance or completion of the work. 12.0 The successful Engineer will be required to enter and sign into an Agreement with Oneida County. This RFP and the responding submission of the successful Engineer will become part of the Agreement and will be in effect for the duration of the contract period. The contract language will control over any language contained within this RFP that conflicts with the signed and fully executed contract. https://efc.ny.gov/system/files/documents/2023/11/equivalency-tc-2024.pdf Oneida County Request for Proposals 12 -Sewer Rehabilitation Engineering Services 13.0 No successful Engineer to whom a contract is awarded shall assign, transfer, convey, sublet or otherwise dispose of same, or of its right, title and interest therein, including the performance of the contract or the right to receive monies due or to become due, or of its power to execute the contract or purchase order without the prior written consent of the Oneida County Purchasing Agent. In the event the Engineer shall without prior written consent assign, transfer, convey, sublet or otherwise dispose of the contract or its right, title and interest therein, including the performance of the contract, or the right to receive monies due or to become due, or its power to execute such contract to any other person or corporations, or upon receipt by Oneida County of an attachment against the Engineer, the County of Oneida shall be relieved and discharged from any and all liability and obligation under or arising from the contract with such Engineer, and the person or corporation to which such contract or purchase order shall have been assigned, its assignees, transferees or sub lessees shall forfeit and lose all monies theretofore assigned under the contract to the fullest extent permitted by law. 14.0 Insurance Engineer shall purchase and maintain insurance of the following types of coverage and limits of liability with an insurance carrier qualified and admitted to do business in the State of New York. The insurance carrier must have at least an A- (excellent) rating by A. M. Best. - Commercial General Liability (“CGL”) coverage with limits of not less than One Million Dollars ($1,000,000) each occurrence, and Two Million Dollars ($2,000,000) annual aggregate. CGL coverage shall be written on ISO Occurrence form CG 00 01 1001, or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contracts, products, completed operations, personal and advertising injury. County shall be included as an additional insured, on a primary and non- contributing basis before any other insurance or self-insurance, including any deductible or self-insured retention, maintained by or provided to the additional insureds. Engineer shall maintain said CGL coverage for itself and the additional insureds for the duration of the Agreement and maintain completed operations coverage for itself and the additional insureds for at least three (3) years after completion. - Workers’ Compensation and Employer’s Liability, pursuant to statutory limits. - Business Automobile Liability with limits of at least One Million Dollars ($1,000,000) each accident. Coverage must include liability arising out of all owned, leased, hired and non- owned automobiles. County shall be included as an additional insured on a primary and non-contributing basis. - Excess/Commercial Umbrella coverage with limits of at least Five Million Dollars ($5,000,000) per occurrence. County shall be included as an additional insured. Excess/Commercial Umbrella coverage for such additional insureds shall apply as primary and non-contributing before any other insurance or self-insurance, including any deductible or self-insured retention, maintained by or provided to the additional insureds. - Professional Liability insurance covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($1,000,000) per claim and at least Two Million ($2,000,000) in the aggregate. Oneida County Request for Proposals 13 -Sewer Rehabilitation Engineering Services - Waiver of Subrogation: Engineer waives all rights against County and its agents, officers, and employees for recovery of damages to the extent these damages are covered by insurance maintained per requirements stated above. - Engineer shall not perform any Services until it shall have provided to County certificates of insurance evidencing such coverage. Attached to each certificate of insurance shall be a copy of the additional insured endorsement that is part of each of the Engineer’s policies. The certificates shall be on forms approved by County and shall contain a provision that coverage afforded under the policies will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to County. Acceptance of the certificates shall not relieve Engineer of any of the insurance requirements, nor decrease the liability of Engineer. County reserves the right to require Engineer to provide insurance policies for review by County. Engineer hereby grants County a limited power of attorney to communicate with Engineer’s insurance provider and/or agent for the express purpose of confirming the coverages required hereunder. 14.0 Assumption of Risk and Indemnification - Engineer solely assumes all risks in performing the Services. - Engineer shall indemnify, hold harmless and defend Oneida County, its officers, agents, employees, and servants, from and against all claims, damages, losses, judgments, and expenses, including but not limited to reasonable attorney’s fees, arising from, or related to the Engineer’s Services under the Agreement to the extent caused by any negligent or culpable act or omission of the Engineer or the Engineer’s officers, agents, employees, servants, or subcontractor(s), or arising from or related to Engineer’s breach of this Agreement or of any law. In the event the claims, damages, losses, judgments, and expenses, including but not limited to reasonable attorney’s fees, are caused by Oneida County’s sole negligence, Oneida County shall indemnify and hold harmless the Engineer. In the event the claims, damages, losses, judgments, and expenses, including but not limited to reasonable attorney’s fees, are the result of the negligence of both Oneida County and the Engineer, or its subcontractor(s), Oneida County and the Engineer shall be liable to the extent or degree of their respective negligence, as determined by mutual agreement of Oneida County and the Engineer or as determined by adjudication of comparative negligence. - Neither the termination of the Agreement nor the making of the final payment shall release Engineer from its obligations under this Section. The enumeration elsewhere in the Agreement of particular risks assumed by Engineer or of particular claims for which it is responsible shall not be deemed to limit the effect of the provision of this Section or to imply that it assumes or is responsible for only risks or claims of the type enumerate. Oneida County Request for Proposals 14 -Sewer Rehabilitation Engineering Services Appendix A Required Certifications Engineer Must Sign and Submit Each Certification with its Submission Oneida County Request for Proposals 15 -Sewer Rehabilitation Engineering Services IT IS UNDERSTOOD AND AGREED BY THE OFFEROR THAT: 1. This Request for Qualifications (hereinafter “RFP”) does not commit Oneida County of Oneida (hereinafter the “County”) to award any contracts, pay the costs incurred in the preparation of response to this RFP, or to procure or contract services. Oneida County reserves the right to accept or reject any or all submissions that do not completely conform to the instructions given in the RFP. 2. Oneida County reserves the right to amend, modify or withdraw this RFP, and to reject any submissions submitted, and may exercise such right at any time, without notice and without liability to any Offeror (hereinafter the “Respondent”) or other parties for their expenses incurred in the preparation of a submission or otherwise. Submissions will be prepared at the sole cost and expense of the Applicant. 3. Submission of a submission will be deemed to be the consent of the Applicant to any inquiry made by Oneida County of third parties with regard to the Applicant’s experience or other matters relevant to the submission. 4. The awarded agreement may be terminated in whole or in part, by Oneida County. Such termination shall not affect obligations incurred under the awarded agreement prior to the effective date of such termination. 5. Funds shall not be paid in advance and shall be used only for services as approved by Oneida County. Oneida County shall have no liability to anyone beyond funds appropriated and made available for the contract. 6. Any significant revision of the approved submission shall be requested in writing by the Applicant prior to enactment of the change. 7. Necessary records and accounts, including financial and property controls, shall be maintained and made available to the County for audit purposes. 8. All reports of investigations, studies, publications, etc., made as a result of this submission, information concerning individuals served, and/or studies under the project, are confidential and such information shall not be disclosed to unauthorized persons. Applicants acknowledge that Oneida County is subject to Section 6 of the Public Officers Law. All references to time contained in this RFP are Eastern Standard Time. Applicants are encouraged to make their submissions in advance of the submission date, as the dates and times specified in this RFP may not be extended in the event Oneida County offices are closed for any reason, including, but not limited to, inclement weather. _______________________________________ ______________________________________ Legal Name of Respondent’s Organization Signature ___________________________________ ___________________________________ Date Printed Name ___________________________________ Title Oneida County Request for Proposals 16 -Sewer Rehabilitation Engineering Services NON-COLLUSION CERTIFICATION (GML § 103-D) 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 his/her 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; and 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. I further certify that I have not, nor has my organization, been disqualified to contract with any municipality and I am, and/or my organization is, in a position to accept any contract subject to the provision of Section 103-d of the General Municipal Law. The word “bid” shall be construed as if it read “submission” and the word “bidder” shall be construed as if it read “Respondent”, whenever the sense of this certification so requires. _______________________________________ ______________________________________ Legal Name of Respondent’s Organization Signature ___________________________________ ___________________________________ Date Printed Name ___________________________________ Title Oneida County Request for Proposals 17 -Sewer Rehabilitation Engineering Services SEXUAL HARASSMENT PREVENTION CERTIFICATION (Lab. Law § 201-g) 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 his/her/its employees. Such policy, at a minimum, meets the requirements of Section 201-g of the Labor Law. The word “bid” shall be construed as if it read “submission” and the word “bidder” shall be construed as if it read “Respondent”, whenever the sense of this certification so requires. _______________________________________ ______________________________________ Legal Name of Respondent’s Organization Signature ___________________________________ ___________________________________ Date Printed Name ___________________________________ Title Oneida County Request for Proposals 18 -Sewer Rehabilitation Engineering Services RECYCLING AND SOLID WASTE MANAGEMENT CERTIFICATION (Res. No. 249 of 1999) The Oneida County Board of Legislators at its May 26, 1999, meeting passed Resolution No. 249 dealing with the inclusion of recycling and solid waste management provision in Oneida County contracts. All waste and recyclables generated by the contracting party shall be delivered to the facilities of the Oneida-Herkimer Solid Waste Authority. 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, that the bidder agrees to: 1. Comply with all applicable Federal, State and Local Statutes, rules and regulations, as may be amended, relating to the generation and disposition of recyclables and solid waste; and 2. Deliver exclusively to the facilities of the Oneida-Herkimer Solid Waste Authority (hereinafter the “Authority”), all wastes and recyclables generated within the Authority’s service area by performance of this contract by the bidder and any subcontractors. Upon awarding of this contract, and before work commences, the bidder 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 that are generated by the bidder and any subcontractors in performance of this contract will be delivered exclusively to Oneida- Herkimer Solid Waste Authority facilities. 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. The word “bid” shall be construed as if it read “submission” and the word “bidder” shall be construed as if it read “Respondent”, whenever the sense of this certification so requires. _______________________________________ ______________________________________ Legal Name of Respondent’s Organization Signature ___________________________________ ___________________________________ Date Printed Name ___________________________________ Title Oneida County Request for Proposals 19 -Sewer Rehabilitation Engineering Services IRAN DIVESTMENT ACT COMPLIANCE CERTIFICATION (GML § 103-g) By submitting a bid in response to this solicitation or by assuming the responsibility of a contract awarded hereunder, each bidder, any person signing on behalf of any bidder and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that to the best of his/her/its knowledge and belief, that each bidder and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to State Finance Law § 165-a (3) (b). Additionally, the bidder is advised that any bidder seeking to renew, extend or assume a contract award 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 Oneida County receive information that a bidder is in violation of the above-referenced certification, Oneida 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 that is in violation of the Act within ninety (90) days after the determination of such violation, then Oneida County shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the bidder in default. Oneida County reserves the right to reject any bid from, or request for assignment for, a bidder 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 that is awarded a contract and subsequently appears on the Prohibited Entities List. 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 his/her knowledge and belief, she/he/it is not identified on the Prohibited Entities List. The word “bid” shall be construed as if it read “submission” and the word “bidder” shall be construed as if it read “Respondent”, whenever the sense of this certification so requires. _______________________________________ ______________________________________ Legal Name of Respondent’s Organization Signature ___________________________________ ___________________________________ Date Printed Name ___________________________________ Title Oneida County Request for Proposals 20 -Sewer Rehabilitation Engineering Services PURCHASE OF TROPICAL HARDWOODS PROHIBITION CERTIFICATION (SFL § 165) Pursuant to Section 165 of the State Finance Law, any bid, submission or other response to a solicitation for bid or submission that 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. 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 his/her knowledge and belief, she/he/it is not submitting a bid which would be deemed non-responsive. The word “bid” shall be construed as if it read “submission” and the word “bidder” shall be construed as if it read “Respondent”, whenever the sense of this certification so requires. _______________________________________ ______________________________________ Legal Name of Organization Signature ___________________________________ ___________________________________ Date Printed Name ___________________________________ Title Oneida County Request for Proposals 21 -Sewer Rehabilitation Engineering Services Appendix B Standard Oneida County Conditions Oneida County Request for Proposals 22 -Sewer Rehabilitation Engineering Services STANDARD ONEIDA COUNTY CONDITIONS The parties to the foregoing Agreement (“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 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, 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 Contractor and any subcontractors. Upon awarding of this Contract, and before work commences, 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 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, Contractor certifies that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of 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, Contractor shall complete and submit Standard Form 111 “Disclosure Form to Report Oneida County Request for Proposals 23 -Sewer Rehabilitation Engineering Services Lobbying,” in accordance with its instructions. iii. 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. 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 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, Oneida County Request for Proposals 24 -Sewer Rehabilitation Engineering Services as defined at 34 CFR Part 85, Sections 85.605 and 85.610: i. 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 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) 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, Oneida County Request for Proposals 25 -Sewer Rehabilitation Engineering Services 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. 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, Contractor certifies that he or she will Oneida County Request for Proposals 26 -Sewer Rehabilitation Engineering Services 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, 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. 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 Contractor and the County. In order to assure such privacy and security, 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, 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 Contractor to use or further disclose the protected health information that Contractor handles in treating patients of the County in any Oneida County Request for Proposals 27 -Sewer Rehabilitation Engineering Services 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. Contractor may use and disclose protected health information for the Contractor’s own proper management and administration; and ii. Contractor may provide data aggregation services relating to the health care operations of the County. c. 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 Contractor becomes aware; iv. Ensure that any agents, including a subcontractor, to whom Contractor provides protected health information received from, or created or received by Contractor on behalf of the County, agrees to the same restrictions and conditions that apply to 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, Contractor on behalf of the County available to the Secretary of Health and Human Services for purposes of determining Oneida County Request for Proposals 28 -Sewer Rehabilitation Engineering Services 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, Contractor on behalf of the County that 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. 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 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 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. 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. Oneida County Request for Proposals 29 -Sewer Rehabilitation Engineering Services 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 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, 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, 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, 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. 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 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 supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the County of any County-approved sums due and owing for work done upon the project. Oneida County Request for Proposals 30 -Sewer Rehabilitation Engineering Services 9. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 103-d of the General Municipal Law, if this Contract is awarded based upon the submission of bids, Contractor certifies and affirms, under penalty of perjury, as to its own organization, under penalty of perjury, that to the best of its 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; and (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. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the County a non-collusive bidding certification on Contractor’s behalf. 10. RECORDS. Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertaining to performance under this Contract (hereinafter, collectively, “the Records”). The Records shall include, but not be limited to, reports, statements, examinations, letters, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, electronic files, e-mails (and all attachments thereto), rules, regulations and codes. The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The County Comptroller, the County Attorney and any other person or entity authorized to conduct an audit or examination, as well as the agency or agencies involved in this Contract, shall have access to the Records during normal business hours at an office of Contractor within the County or, if no such office is available, at a mutually agreeable and reasonable venue within the County, for the term specified above, for the purposes of inspection, auditing and copying. The County shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the “Statute”), provided that: (a) Contractor shall timely inform an appropriate County official, in writing, that said records should not be disclosed; (b) said records shall be sufficiently identified; and (c) in the sole discretion of the County, designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the County’s right to discovery in any pending or future litigation. Notwithstanding any other language, the Records may be subject to disclosure under the New York Freedom of Information Law, for other applicable state or federal law, rule or regulation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. a. Identification Number(s). Every invoice or claim for payment submitted to a County agency by a payee, for payment for the sale of goods or service or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee’s identification number. This number includes any or all of the following: (i) the Oneida County Request for Proposals 31 -Sewer Rehabilitation Engineering Services payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Where the payee does not have such number or numbers, the payee, on its invoice or claim for payment, must state with specificity the reason or reasons why the payee does not have such number or numbers. b. Privacy Notification. (i) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the County is mandatory. The primary purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their liabilities and to generally identify persons affected by the taxes administered by the New York State Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (ii) The personal information is requested by the County’s purchasing unit contracting to purchase goods or services or lease the real or personal property covered by this Contract. 12. CONFLICTING TERMS. In the event of a conflict between the terms of the Contract (including any and all attachments thereto and amendments thereof) and the terms of this Addendum, the terms of this Addendum shall control. 13. GOVERNING LAW. This Contract shall be governed by the laws of the State of New York except where the Federal Supremacy Clause requires otherwise. 14. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. Contractor certifies and warrants that all wood products to be used under this Contract award will be acquired in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law (Use of Tropical Hardwoods), which prohibits purchase and use of tropical hardwoods, unless specifically exempted by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the sole responsibility of Contractor to establish to meet with the approval of the County. In addition, when any portion of this Contract involving the use of woods, whether for supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in Section 165 of the State Finance Law. Any such use must meet with approval of the County; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the sole responsibility of Contractor to establish to meet with the approval of the County. Oneida County Request for Proposals 32 -Sewer Rehabilitation Engineering Services 15. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa). 16. GRATUITIES AND KICKBACKS. a. Gratuities. It shall be unethical for any person to offer, give, or agree to give any County employee or former County employee, or for any County employee or former County employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request; influencing the content of any specification or procurement standard; rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application; request for ruling, determination, claim, or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. b. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime Contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. 17. AUDIT The County, the State of New York, and the United States shall have the right at any time during the term of this agreement and for the period limited by the applicable statute of limitations to audit the payment of monies hereunder. Contractor shall comply with any demands made by the County to provide information with respect to the payment of monies made hereunder during the period covered by this paragraph. Contractor shall maintain its books and records in accordance with generally accepted accounting principles or such other method of account which is approved in writing by the County prior to the date of this agreement. The revenues and expenditures of Contractor in connection with this agreement shall be separately identifiable. Each expenditure or claim for payment shall be fully documented. Expenditures or claims for payment which are not fully documented may be disallowed. Contractor agrees to provide to, or permit the County to examine or obtain copies of any documents relating to the payment of money to Contractor or expenditures made by Contractor for which reimbursement is requested to be made or has been made to Contractor by the County. Contractor shall maintain all records required by this paragraph for 7 years after the date this agreement is terminated or ends. If Contractor has expended, in any fiscal year, $300,000.00 or more in funds provided by a federal financial assistance program from a federal agency pursuant to this agreement and all other contracts with the Oneida County Request for Proposals 33 -Sewer Rehabilitation Engineering Services County, Contractor shall provide the County with an audit prepared by an independent auditor in accordance with the Single Audit Act of 1984, 31 U.S.C. §§ 7501, et seq., as amended, and the regulations adopted pursuant to such Act. 18. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT. Pursuant to Section 103-g of the General Municipal Law, by submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each bidder or Contractor, or any person signing on behalf of any bidder or 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 Office of General Services (hereinafter “OGS”) website, that to the best of its knowledge and belief, that each bidder or Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to State Finance Law § 165-a(3)(b). Additionally, the bidder or Contractor is advised that once the Prohibited Entities List is posted on the OGS website, any bidder or 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 or 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 or it has ceased engagement in the investment which is in violation of the Iran Divestment Act of 2012 within ninety (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 or Contractor in default. The County reserves the right to reject any bid or request for assignment for a bidder or 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 or Contractor that is awarded a Contract and subsequently appears on the Prohibited Entities List. 19. PROHIBITION ON TOBACCO AND E-CIGARETTE USE ON COUNTY PROPERTY Pursuant to Local Law No. 3 of 2016, the use of tobacco and e-cigarettes are prohibited on Oneida County property, as follows: a. For the purposes of this provision, the “use of tobacco” shall include: i. The burning of a lighted cigarette, pipe, cigar or other lighted instrument for the purpose of smoking tobacco or a tobacco substitute; Oneida County Request for Proposals 34 -Sewer Rehabilitation Engineering Services ii. The use of tobacco and/or a substance containing tobacco or a tobacco substitute by means other than smoking, including: chewing; holding in the mouth; or expectoration of chewing tobacco. b. For the purposes of this provision, “e-cigarette” shall mean an electronic device composed of a mouthpiece, heating element, battery and electronic circuit that delivers vapor which is inhaled by an individual user as he or she simulates smoking. c. For the purposes of this provision, “on Oneida County property” shall be defined as: i. Upon all real property owned or leased by the County of Oneida; and ii. Within all County of Oneida-owned vehicles or within private vehicles when being used for a County of Oneida purpose, except that a driver may smoke in a privately-owned vehicle being used for a County of Oneida Purpose if the driver is the sole occupant of the vehicle. d. Each violation of this Local Law No. 3 of 2016 shall constitute a separate and distinct offense and may be punishable by a fine of up to $200.00 for a first offense and up to $1,000.00 for subsequent offenses. 20. COMPLIANCE WITH NEW YORK STATE LABOR LAW § 201-G Contractor shall comply with the provisions of New York State Labor Law § 201-g.