Construction Management Services

REQUEST FOR PROFESSIONAL SERVICES Notice is hereby given that the Ad Hoc Reopening & Recovery Committee of the Steuben County Legislature and the County Manager will receive proposals per specifications from interested and qualified individuals for Construction Management services for the Steuben County Public Works and Civil Defense Projects; #GC-21-025- P. Requests for proposal forms, scope of services and general provisions are available at the Steuben County Purchasing Department, 3 E. Pulteney Square, Bath, N.Y. 14810. These documents are also available on the Steuben County website, www.steubencony.org. Interested parties assume all responsibility to acquire proposal information and forms. To be considered, proposals must be submitted on Steuben County forms and delivered in a sealed opaque envelope. Proposals will be received at the Purchasing Department until 1:30 P.M. local time on October 1, 2021;

at which time proposals will be opened and acknowledged as received. Steuben County retains the right to reject any or all proposals and to withdraw this solicitation at any time. By Order of the Ad Hoc Reopening & Recovery Committee. Dated: August 20, 2021 ___________________ Andrew G. Morse Director of Purchasing PPPUUURRRCCCHHHAAASSSIIINNNGGG DDDEEEPPPAAARRRTTTMMMEEENNNTTT COUNTY OF STEUBEN 3 EAST PULTENEY SQUARE BATH, NEW YORK 14810-1510 (607) 664-2484 http://www.steubencony.org/ 2 Construction Management; #GC-21-025-P 1. Objective: The intent of this request for proposals is to provide the professional/technical expertise necessary to provide construction management for Steuben County’s Public Works and Civil Defense Projects. 2. Project Manager: Project manager is Jack Wheeler, County Manager, Steuben County Manager’s Office, 3 E. Pulteney Sq., Bath, N.Y. 14810. Telephone number: 607-664-2249. 3. Qualifications: The County Manager’s Office will be free to make any inquiry(ies) deemed necessary to ascertain the qualification(s) of the contractor and/or the accuracy of statements made by the contractor as to its qualification(s). 4. Contact Information and Requirements: Along with its response, the submitter of the RFP shall include the following information: name, address, telephone number and FAX number. 5. Selection of a Contractor: Selection shall only be made from proposals submitted by qualified, responsive and responsible construction management firm(s) (hereinafter referred to as “contractors”) who sufficiently meet the terms, conditions and specifications stated herein. However, under all circumstances and all statements to the contrary not with- standing, Steuben County reserves as its right, the right to determine the contractor in accordance with the best interest of Steuben County. Determination is not made at the opening. All submitted proposals are subject to final review and acceptance by the appropriate personnel or committee(s) of the Steuben County Legislature before a determination is made. Receipt of proposals by the County shall not be construed as authority to bind the County. 6. References: Any response to this request for proposal shall contain as a minimum at least three (3) references with contact names and phone numbers where the contractor has completed projects similar in nature. 3 7. Submission of Proposals: Those submitting proposals do so entirely at their expense. There is no express or implied obligation by Steuben County to reimburse any firm or individual for any costs incurred in preparing or submitting proposals, preparing or submitting additional information requested by the County, or for participating in any selection interviews. 8. Contract Award: Award of contract will be made following a review of the proposal by County staff as deemed appropriate, and approval will be made by a designated committee. A fully coordinated set of AIA contracts (AIA B132-2009) will be executed. The CM agreement will be executed using AIA C132-2009. 9. Method of Award: The award may be made to the most responsible contractor whose proposal is determined to be in the best interest of Steuben County and who is deemed the best fit to serve the County’s requirements based upon criteria stated under the scope of this RFP, the evaluation of references, corporate qualifications and, if deemed necessary, an interview with the contractor and the designated committee. All proposals will be evaluated to determine if they meet the required format and are in compliance with all requirements of the request for proposals. Incomplete or non-responsive proposals may be rejected at the discretion of Steuben County. 10. Principal Award Criteria: a) Individual’s and/or firm’s experience in conducting the specified construction management services. b) Presentation of a clear understanding of the work to be performed. c) Overall quality, completeness and responsiveness of the proposal. d) Relevant qualifications and experience of construction manager(s) and/or firm. e) Compliance with all components of the RFP. f) Proof of adequate resources to perform requested services. g) Documentation showing a history of supplying similar services in the public sector, completing projects of similar scope and complexity. h) Only vendors that meet or exceed the above minimum selection criteria 4 set forth by STEUBEN COUNTY will be seriously considered. The selected Construction Management (CM) vendor shall not bid or perform any of the trade construction work. i) Joint ventures or teaming arrangements among multiple vendors are not encouraged in this project. 11. Contract Term: The anticipated contract term shall be based on a 24 month phased construction duration. Total contract duration is estimated to be 24 months. CM shall review and verify the proposed construction schedule and phasing and be responsible for including any extension of services in their proposal. 12. Assignability: The contractor shall not assign, transfer, convey, sub-contract, sublet or other- wise dispose of all or portions of the contract; and/or work to be performed as a result of the contract; or its right, title or interest therein, or its power to execute such contract, or its responsibility therein to any other person, company or corporation, without the prior written consent of the Steuben County Manager. 13. Insurance: a) This quote document includes an information sheet entitled: STEUBEN COUNTY STANDARD INSURANCE REQUIREMENTS. These requirements establish the minimum insurance(s) which the awarded contractor(s) shall have in effect prior to entering into a contract to do business with Steuben County. Said insurance(s) are required to remain in effect throughout the term of the contract(s). Include an Insurance Certificate in this section to verify that your firm will be able to provide the following limits of liability for insurance during the project: (1). Workers' Compensation (a) Statutory coverage (b) Employer's Liability: $1,000,000 (2). Comprehensive General Liability (including Premises-Operation, Contractor's Protection, Projects and Completed Operations, Broad Form Property Damage): (a) Bodily Injury: $2,000,000 - Each Occurrence (b) $2,000,000 - Annual Aggregate, Products and Completed Operations 5 (c) Property Damage: $2,000,000 - Each Occurrence $2,000,000 - Annual Aggregate (d) Personal Injury: $2,000,000 - Annual Aggregate (3). Comprehensive Automobile Liability: (a) Bodily Injury: $1,000,000 - Each Person $2,000,000 - Each Accident (b) Property Damage: $3,000,000 - Each Occurrence (4). Umbrella Policy with limit of liability of $5,000,000 (5). Disability Insurance (a) Statutory coverage (6). Professional Liability: $2,000,000 per claim/aggregate In the event that the contractor’s insurance lapses during the term of the contract, the County reserves, as its right, the right to cancel the awardee’s contract(s) and to purchase the contracted product(s)/service(s) on the open market; with any increase in cost(s) to Steuben County being charged to the contractor. Credit shall not be issued to the contractor where open market cost(s) to the County are less than the cost(s) contracted with the contractor. b) Steuben County shall be named as an additional insured in the contractor’s policy for all intents and purposes of contract(s) issued as a result of an award of this proposal. The proposal document number and proposal title shall be referenced in the description/additional comments section of the certificate of insurance form. Additional insured and certificate holder must only read: Steuben County, 3 E. Pulteney Square, Bath, N.Y. 14810. c) Each contractor shall submit an original of its Certificate of Insurance (which indicates the contractor’s compliance with the above sections a) and b) to Steuben County Purchasing Department, 3 E. Pulteney Square, Bath, New York 14810. 6 d) The Certificate of Insurance must be approved by the County Risk Manager prior to the contractor’s acting on and/or performing any of the obligations it incurred as a result of the award and/or contract. e) Self-employed persons must carry Workers’ Compensation coverage as directed by the Steuben County Risk Manager. Contractor shall submit an original Certificate of NYS Worker’s Compensation Insurance Coverage form WC 88 31 21 C, which indicates the contractor’s compliance, to be approved by the County Risk Manager prior to the contractor’s acting on and/or performing any of the obligations it incurred as a result of the award and/or contract. f) Workers’ Compensation Insurance Exemption: Contractors claiming to be exempt from the requirement to carry/provide Workers’ Compensation Insurance shall submit a fully executed CE-200 form; the form to be complete, notarized, and stamped as received by the New York State Workers’ Compensation Board. 14. Addendum/Addenda: a) If an addendum has been issued prior to the County’s receipt of proposals Steuben County shall attempt to notify potential contractors known to have received the proposal documents and whose contact information is on file with the County. Steuben County does not ensure the potential contractor receipt of addendum. It shall be the responsibility of each contractor, prior to submitting its proposal to contact the Director of Purchasing, 607- 664-2484 to determine if an addendum has been issued. b) Addenda shall be available for review and/or copy at the Steuben County Purchasing Department, Room #217, Steuben County Office Building, 3 E. Pulteney Square, Bath, N.Y. or on the County website www.steubencony.org. c) It is a requirement that the contractor sign, date and include the addendum with its submission. 15. Submission of Proposals: a) The contractor shall submit three (3) hard copies of its RFP and one (1) CD or flash drive; including all required documents (e.g. signed clauses, statements, forms, bonds, insurance, manufacturer’s specifications, etc.) 1) One (1) set shall be stamped (or otherwise indicated) as being the “ORIGINAL.” 2) Other sets shall be stamped (or otherwise indicated) as being the “DUPLICATE” or “COPY.” 7 3) Information presented in the “ORIGINAL” set of the RFP submission shall prevail. b) The RFP shall be submitted in a sealed opaque envelope marked on the outside with: the contractor’s name and address and the designation: “Sealed Proposal: Construction Management Services for Steuben County Public Works and Civil Defense Projects”. c) The envelope shall be addressed to Andrew G. Morse, Director of Purchasing, Steuben County Office Building, 3 E. Pulteney Square, Bath, N.Y. 14810. Proposals shall be received at the Purchasing Department and will be acknowledged as received, at such time. d) Facsimile transmitted proposals are not acceptable and shall be rejected. e) Security procedures are in effect at the Steuben County Office Building. Interested parties, especially contractors who intend to hand deliver proposals and/or conduct business with the Steuben County Purchasing Department should allow sufficient time for any delay which may arise as a result of security procedures. To be considered “delivered on time,” a submission must be received at the Purchasing Department by the appointed hour. f) All proposals will become property of the County once the advertised date and time of the proposal opening has arrived. The County will have the right to disclose all or any part of a proposal to public inspection based on its determination of what disclosure will serve the public interest. Prospective offerors are further advised that, except for trade secrets and certain personnel information (both of which the County has reserved the right to disclose), all parts of proposals must be disclosed to those members of the general public making inquiry under the New York State Freedom of Information Law (NYS Public Officers Law, Article 6). Should an offeror wish to request exemption from public access to information contained in its proposal, the offeror must at the time of submission of its offer, specifically, identify in their submission the information and explain in detail why public access to the information would be harmful to the offeror. g) You must submit a separate RFP response for each different solution you are proposing. 16. Late Proposals: Contractor shall bear sole responsibility for the delivery of their proposal in a timely manner. Reliance upon the U.S. Postal Service or other carriers is at the 8 contractor’s risk. Late proposals shall not be considered and shall be returned unopened. 17. Right of County to Seek Clarification, Accept or Reject Proposal(s), etc: a) Steuben County reserves as its right, the right to require clarification for the purpose of assuring a full understanding of the contractor’s responsiveness to the solicitation requirements. b) Steuben County reserves as its right; the right to accept or reject any and all proposals (or separable portions thereof), the right to waive irregularities and technicalities, and the right to request resubmission. 18. Civil Rights: The County of Steuben, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and New York State Labor Law; Article 8 - Public Work, Section 220e hereby notifies all contractors that it will affirmatively ensure that any contract awarded as a result of this proposal solicitation will be awarded without discrimination on the grounds of race, color, sex or natural origin. 19. Prevention of Sexual Harassment: Contractor hereby represents that said contractor is in compliance with New York State Labor Law Section 201-g entitled “Prevention of Sexual Harassment”. Contractor offering to provide services pursuant to this contract, as a Consultant, joint venture consultant, subcontractor, attests that its performance of the services outlined in this contract has a written policy addressing sexual harassment prevention in the workplace and provides training, which meets the New York State Department of Labor’s model policy and training standards, to all employees on an annual basis. Furthermore, by submission of this Expression of Interest procurement document, each contractor and each person signing on behalf of any contractor certifies, and in the case of a joint submission each party thereto certifies its own organization, under penalty of perjury, that the submitter has and has implemented a written policy addressing sexual harassment prevention training to all of its employees. Such policy shall at minimum meet the requirements of Section Two Hundred One – g of the New York State Labor Law (NYS Labor Law §201-g). 20. NYS Labor Law; Prevailing Wage and Supplements: a. The attention of each and all contractors is directed to Articles 8 and 9 of the New York State Labor Law in general, but also specifically with regard to – Prevailing Wage and Supplements. Steuben County does, in good faith, identify those projects/services it believes to be – Prevailing Wage and Supplements projects/services. The failure of Steuben County to accurately assess the wage status of a particular project/service shall not relieve the awardee of its responsibility to perform in accordance with the 9 above referenced articles. Interested parties are directed to contact the NYS Department of Labor, Binghamton District Office at (607) 721-8005 for a determination of project/service status. b. All interested parties (including, but not limited to, contractors and sub- contractors) shall note, understand and comply with the following: In the event the New York State Department of Labor amends the Prevailing Wage Rate Schedule applicable to contracts entered into as a result of an award of this proposal solicitation document, said interested party(ies) that are required to pay Prevailing Wages and Supplements shall be required to pay said Prevailing Wages and Supplements in accordance with the most current, applicable Prevailing Wage Rate Schedule in effect at the time the work is performed. c. The General Provisions of Laws Covering Workers; NYS-DOL requires as follows: “Every contractor and subcontractor shall submit to the Department of Jurisdiction (i.e. Steuben County), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (i.e. Steuben County) shall receive and maintain such payrolls.” As provided for, by the above referenced provisions, Steuben County is authorized to withhold payment(s) to contractors who are not in compliance with all NYS Department of Labor Law(s); with specific attention to Articles 8 and 9. Therefore, Steuben County shall withhold payment(s) to contractors who have not submitted the initial “certified payroll” and the periodic certified payroll(s) as required herein. 21. Information to be Included in the Proposal: a) Title page: show the RFP subject, name of contractor’s firm, local address, telephone number, name of contact person and the date. b) Letter of transmittal: limit to one or two pages with the following: -Briefly state the contractor’s understanding of the work to be done. -Give the names of the persons who will be authorized to make representations for contractor, their titles, addresses and telephone numbers. -Give the firm’s federal taxpayer’s identification number. c) Contractor profile: State whether the firm is local, regional or national. Give the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors and other professional staff employed at that office. 10 d) Summary of contractor’s qualifications in addition to minimum qualifications: identify partners, managers and supervisors who will work on the project. e) Fees All vendors responding must provide their fee arrangements in each of the following components: (a) Preconstruction/ Design Phase: Estimating and bidding services are to be incorporated into the below fee proposals. (b) Construction – • Public Health Storage & 911 Backup – 40x60 sq. ft. addition to the Civil Defense Building in Bath to accommodate temperature controlled storage and a backup space for 911. • Curtis Highway Shop – Construction of new six-bay shop. Approximate structure size of 8,064 sf. • Prattsburgh Highway Shop – Construction of 60’x40’ cold storage (pole barn); removal and replacement of 5,500 sq. ft. of concrete floors and drains; replacement of seven overhead doors; replacement of holding tank; paint and re-side as necessary. • Mt. Washington Highway Shop – Demolition of current cold storage garage and construction of new seven-bay shop at Mt. Washington site, including two drive-thru bays. Approximate structure size of 9,840sf. • Bowling Alley Parking Lot – Approximately 18,000 sf. In addition, include the monthly cost for extending construction services. All vendors should base their fee calculations for comparison purposes on the following criteria: (a) Total Project Construction Duration 24 months. 22. Modification or Withdrawal of Proposals: a) A proposal may be modified or withdrawn by an appropriate document duly executed in the manner that a proposal must be executed and delivered to the place where proposals are to be submitted at any time prior to the scheduled time for opening of proposals. 11 b) No proposal may be modified, withdrawn or canceled for a period of one hundred twenty (120) days after the date of the proposal opening and all proposals shall be subject to acceptance by the County during this period. 23. Responsibilities for Work: The contractor assumes full responsibility for the acts and omissions of all his employees and all sub-contractors, their agents and employees and all other persons performing work under the contract. 24. Consideration of Proposal; Acceptance of Proposal (Award): a) The award of contract will be made by written notice of award signed by a duly authorized representative of the County and no other act of the County shall constitute the acceptance of a proposal. b) The acceptance of the proposal shall bind the successful contractor to execute a contract. 25. Execution of Contract/Certificate of Insurance: The contractor to whom the award is made shall assist and cooperate with the County as necessary in preparing the standard County agreement for execution. 26. Commencement of Work: Notwithstanding any delay in the preparation and execution of the agreement, the successful contractor shall be prepared, upon receipt of the notice of award, to commence work within a time period mutually acceptable to contractor and the County. 27. Supportive Specifications: The contractor shall be responsible for obtaining all permits required to fulfill this contract and shall comply with all laws, ordinances, rules and regulations of the jurisdictions in which the work is performed. 28. Sales Tax Exemption: The County is exempt from payment of sales and compensating use taxes of the State of New York and of cities and counties within the State of New York. 29. Protection from Claim Against “Or Equal”: In the event of any claim by an unsuccessful contractor concerning or relating to the issue of “equal or better” or “or equal” the successful contractor agrees to hold the County of Steuben free and harmless for any and all claims for loss or damage arising out of this transaction for any reason whatsoever. The County is to be free and harmless for any and all legal fees and court costs. 30. Evaluation Process: a) After determining that a proposal satisfies the mandatory requirements stated in the request for proposal, the comparative assessment of the 12 relative benefits and deficiencies of the proposal in relationship to the published evaluation criteria shall be made by using subjective judgment. The award of a contract resulting from this RFP shall be based on the lowest and best proposal received in accordance with the evaluation criteria stated below. 1) Demonstration of successful similar projects in scope and complexity, preferably in public sector environments. 2) Qualifications of individuals assigned to the project. 3) Demonstration of clear understanding of the requirements of the project. b) After an initial screening process, a technical question and answer conference or interview may be conducted, if deemed necessary by the County, to clarify or verify the contractor’s proposal and to develop a comprehensive assessment of the proposal. c) Steuben County reserves the right to consider historic information and fact, whether gained from the contractor’s proposal, question and answer conference, references or any other source, in the evaluation process. d) It is the contractor’s responsibility to submit information related to the evaluation categories and that Steuben County is under no obligation to solicit such information if it is not included with the contractor’s proposal. e) Particular attention should be directed to principal award criteria located in the method of award section of this RFP. This section is considered to be an essential component of the evaluation/award process. 31. Staff Assignment: The County reserves the right to approve or reject staff assigned to the project. 32. Cancellation of Contract: Steuben County reserves, as its right, the right to cancel the contract(s) resulting from an award of this proposal solicitation at any time during the contract period, without penalty to Steuben County and without stated reason, by delivering a written ten (10) day notice of intent to the contractor(s) or its representative(s). Said notification mailed to the contractor or its representative via the US Postal Service; First Class Mail shall be considered sufficient and delivered. 33. Executory Clause: Steuben County shall have no liability under any contract or contracts to any contractor or to anyone else beyond funds appropriated and available for the purpose of this document and resultant contract(s). 13 34. Iranian Energy Sector Divestment Certification: Contractor hereby represents that said contractor is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”. By submission of this proposal each contractor and each person signing on behalf of any contractor certifies and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each contractor is not on the list created pursuant to NYS Finance Law Section 165-a(3)(b). The contractor shall submit a signed, notarized and dated Iranian Energy Sector Divestment Certification with its proposal. Said certificate is mandated by Section 103-g of the General Municipal Law. Reference the Iranian Energy Sector Divestment Certificate form included in this proposal document. 35. Non-Collusive Bidding Clause and Certificate: a) Clause – “By submission of this bid, each contractor and each person signing on behalf of any contractor certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other contractor or with any competitor; 2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the contractor and will not knowingly be disclosed by the contractor 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 contractor to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.” b. The contractor shall submit a signed and dated Non-Collusive Bidding Certificate with its bid. Said certificate is mandated by Chapter 956 of the Laws of New York State, pursuant to Section 103-D of the General Municipal Law. Reference the “NON-COLLUSIVE BIDDING CERTIFICATE” form included in this bid document. 14 36. Hold Harmless Clause and Form: a) Clause – “The contractor agrees that it shall at all times save harmless the County of Steuben from all claims, damages or judgements or for the defense or payment thereof, based on any claim, action or cause of action whatsoever, including any action for libel, slander, or personal injury, or any affiliated claims, by reason of any act or failure to properly act on the part of the contractor and in particular as may arise from the performance under this contract. In the event of an injury by the subcontractor or its employees, they shall cause notice to be served upon the County within twenty-four (24) hours of any such injury.” b) The contractor shall submit a signed and dated Hold Harmless Clause form with its bid. Reference the “HOLD HARMLESS CLAUSE” form included in this bid document. 15 SCOPE OF SERVICES: Construction Management; #GC-21-025-P STEUBEN COUNTY requests submissions of proposals to provide Construction Management services in connection with the planning and implementation of the Steuben County Public Works and Civil Defense Projects. Steuben County intends that the Construction Manager (“CM”) chosen shall act as the CM and work with the architect, as appropriate, in planning, preparing for a public bids, all work associated with multiple bids (including pre-bid), construction supervision and close-out of project. The STEUBEN COUNTY contact person for this proposal is Andrew Morse, Steuben County Director of Purchasing. If you have any questions regarding the Request for Proposals, please submit written questions via email to Andrew Morse amorse@steubencountyny.gov on or before September 22, 2021 at 2:00 p.m. All questions should cite the particular proposal page number and paragraph number. Prospective vendors should note that all clarification and exceptions including those relating to the terms and conditions of the RFP are to be resolved prior to the submission of a proposal. STEUBEN COUNTY will provide the response to any submitted questions on our website, www.steubencony.org. Questions received after the date listed above will not be answered. STEUBEN COUNTY will be bound only by responses given by formal written Addenda. The preliminary scope of this project is as follows (Steuben County reserves the right to change the scope of the work): • Public Health Storage & 911 Backup – 40x60 sq. ft. addition to the Civil Defense Building in Bath to accommodate temperature controlled storage and a backup space for 911. • Curtis Highway Shop – Construction of new six-bay shop. Approximate structure size of 8,064 sf. • Prattsburgh Highway Shop – Construction of 60’x40’ cold storage (pole barn); removal and replacement of 5,500 sq. ft. of concrete floors and drains; replacement of seven overhead doors; replacement of holding tank; paint and re-side as necessary. • Mt. Washington Highway Shop – Demolition of current cold storage garage and construction of new seven-bay shop at Mt. Washington site, including two drive-thru bays. Approximate structure size of 9,840sf. • Bowling Alley Parking Lot – Approximately 18,000 sf. The Construction Manager will manage the all phases of construction and will report to the County Manager. http://www.steubencony.org/ 16 Proposers shall include biweekly Owner, Architect, and Construction Manager (OACM) meetings from their award and weekly project meetings during the entire construction period as a minimum requirement. Specific Project Approach and Management Plan: Describe overall philosophy and approach to the scope of work being requested. Specify all deliverables that will be provided to STEUBEN COUNTY in conformance with the requirements of this RFP. Proposers shall list a dedicated Project Manager to this project throughout the entire construction period. The Project Manager submitted must exclusively work on the STEUBEN COUNTY’S projects and may not service other clients for the duration of this contract without written consent from STEUBEN COUNTY. Proposals should reflect construction management experience in the following categories: 1. Involvement with architect in revising and/or preparing bid package; 2. Preparation of project and phasing schedules; 3. Assistance with the bidding process and contractor selection; 4. Assistance with contracts and bids; 5. Construction management services, including but not limited to coordination of the multiple prime contractors, creation, publication and on-going supervision of fully integrated construction schedules; 6. Preparation and delivery of monthly status reports to STEUBEN COUNTY; 7. Project closeout, including assistance with financial requirements, with delivery of indexed contract documents to owner. STEUBEN COUNTY anticipates selecting by the end of October 2021. 17 Request for Proposals: Construction Management for Steuben County Document #GC-21-025-P FILE DAY, DATE & TIME: October 1, 2021; 1:30 P.M. local time Submission may be mailed or hand delivered. SUBMIT TO: Andrew G. Morse, Director of Purchasing Steuben County Purchasing Department 3 East Pulteney Square Bath, New York 14810 PROPOSAL PAGE: The undersigned, having an integral understanding of the objective, terms and conditions, specifications and contractor’s responsibility as stated in the Request for Proposals documents, does hereby submit a proposal for the provision of services as stated below and pursuant to the Request for Proposals. Any response to this request for proposals/statement of qualifications shall demonstrate the interested party has the experience and qualifications necessary to perform the scope of services as outlined in this request. Proposed: Construction Manager Fees $______________________ Written in words: ______________________________________________________________________ Proposed: Monthly cost for extending construction services $______________________ Written in words: ______________________________________________________________________ 18 Vendors may wish to provide any additional information that will assist STEUBEN COUNTY in the comparison of fees. Vendors shall also note that any and all associated costs, including multipliers, are to be included in the above fee components, so that the fee represents the complete total to be charged to STEUBEN COUNTY. PLEASE PRINT OR TYPE: Company Name: Federal Employer ID: Company Address: Name: Title: Signature: Date: Telephone Number: Fax Number: 19 Attachment “D” Certification Pursuant to Section 103-g Of the New York State General Municipal Law IRANIAN ENERGY SECTOR DIVESTMENT 1. Contractor/proposer hereby represents that said contractor/ proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said contractor/proposer has not: a) Provided goods or services of $20 million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or b) Acted as a financial institution and extended $20 million or more in credit to another person for forty-five (45) days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran. 2. Any contractor/proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3) (b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law. 3. Except as otherwise specifically provided herein, every contractor/ proposer submitting a bid/proposal in response to this request for bids/request for proposals must certify and affirm the following under penalties of perjury: a) “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3) (b).” Steuben County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law. 4. Except as otherwise specifically provided herein, any bid/proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the bidder/proposer cannot make the certification as set forth in subdivision (a) above, the bidder/proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the bid/proposal to any bidder/proposer who cannot make the certification, on a case-by-case basis under the following circumstances: a) The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012 and the bidder/proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or 20 Attachment “D” Certification Pursuant to Section 103-g Of the New York State General Municipal Law IRANIAN ENERGY SECTOR DIVESTMENT Page 2 b) The County of Steuben has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Steuben would be unable to obtain the goods or services for which the bid/proposal is offered. Such determination shall be made by the County in writing and shall be a public document. _________________________________ ________________________________ Signature Title _________________________________ ________________________________ Company Name Date STATE OF NEW YORK) COUNTY OF STEUBEN) ss: On the ________ day of ____________________ in the year __________ before me, the undersigned, personally appeared ________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ______________________________________________ Notary Public 21 NON-COLLUSIVE PROPOSAL CERTIFICATE By submission of this proposal, each contractor and each person signing on behalf of any contractor certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this proposals 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 contractor or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the contractor and will not knowingly be disclosed by the contractor prior to opening, directly or in-directly, to any other contractor or to any competitor; and 3. No attempt has been made or will be made by the contractor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose or restricting competition. NAME:________________________________________________________________ ADDRESS:_____________________________________________________________ SIGNED BY:_______________________________TITLE:_______________________ NAME PRINTED/TYPED:__________________________________________________ TELEPHONE NUMBER:_____________________DATE:_________________________ PROPOSAL TITLE:_______________________________________________________ DOCUMENT NUMBER:____________________________________________________ 22 Hold Harmless Clause As a successful consultant, I shall hold harmless the County of Steuben and representatives thereof from all suits, actions or claims of any kind brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safe-guarding contract work or on account of any act or omission by the contractor or his employees, or from any claims or amounts arising or recovered under any law, ordinance, regulation or decree. NAME OF COMPANY:___________________________________________________ SIGNED:_____________________________________________________________ NAME:_______________________________________________________________ TITLE:_________________________________DATE:_________________________ PROPOSAL TITLE:______________________________________________________ DOCUMENT NUMBER:___________________________________________________ 23 Appendix A STEUBEN COUNTY STANDARD INSURANCE REQUIREMENTS Prior to commencement of work, delivery of services, acquisition of merchandise or equipment a Certificate of Insurance and a policy endorsement covering items A, B & C must be delivered to the County Department responsible for the agreement, and to the County Risk Manager. A Certificate of insurance may be used to show coverage only. ITEMS: A. Steuben County, 3 East Pulteney Square, Bath, N.Y., 14810 shall be named as an additional insured (for the purposes of coverage but not the payment of premium). B. ACKNOWLEDGEMENT: The insurance companies providing coverage acknowledge that the named insured is entering into a contract with Steuben County in which the named insured agrees to defend, hold harmless, and indemnify the County, its officials, employees and agents against all claims resulting from work performed, material handled and services rendered. The contractual liability coverage evidenced will cover the liability assumed under the County-Contractor agreement. C. Prior to non-renewal, cancellation or a change of coverage on this policy, at least thirty (30) days advance written notice shall be given to Steuben County Risk Manager at Steuben County Offices, 3 Pulteney Square East, Bath, N.Y. 14810 Workers' Compensation Coverage will be required for anyone doing any kind of work for Steuben County. This includes self-employed individuals. The Steuben County Risk Manager may waive this requirement. Proof of Workers’ Compensation Coverage must be submitted on NYS Workers’ Compensation Board Approved Forms. MINIMUM COVERAGES AND LIMITS ARE TYPE OF CONTRACT COVERAGES REQUIRED LIMITS REQUIRED PROFESSIONAL SERVICES PROFESSIONAL LIABILITY MINIMUM $1,000,000 AUTO LIABILITY TO INCLUDE:OWNED,HIRED & NON OWNED MINIMUM $1,000,000 WORKERS COMPENSATION STATUTORY EMPLOYERS LIABILITY STATUTORY DISABILITY BENEFITS STATUTORY CONSTRUCTION & MAINTENANCE COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR, CONTRACTUAL,BROAD FORM PROPERTY DAMAGE,(XCU HAZARDS) MINIMUM $1,000,000 AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED MINIMUM $1,000,000 WORKERS' COMPENSATION STATUTORY EMPLOYERS LIABILITY STATUTORY DISABILITY BENEFITS STATUTORY ACQUISITION OF SUPPLIES OR EQUIPMENT COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PRODUCTS & COMPLETED OPERATIONS , CONTRACTUAL,BROAD FORM PROPERTY MINIMUM $1,000,000 WORKERS' COMPENSATION STATUTORY EMPLOYERS LIABILITY STATUTORY DISABILITY BENEFITS STATUTORY COUNTY PROPERTY USED BY OTHERS COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR, CONTRACTUAL,PERSONAL INJURY,LIQUOR LEGAL LIABILITY MINIMUM $1,000,000 AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED MINIMUM $1,000,000 WORKERS' COMPENSATION STATUTORY EMPLOYERS LIABILITY STATUTORY DISABILITY BENEFITS STATUTORY CONCESSIONAIRE SERVICES LIVERY SERVICES MUNICIPAL AGREEMENTS COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR, CONTRACTUAL,PERSONAL INJURY,LIQUOR MINIMUM $1,000,000 AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED MINIMUM $1,000,000 WORKERS' COMPENSATION STATUTORY EMPLOYERS LIABILITY STATUTORY DISABILITY BENEFITS STATUTORY Bid specifications, particular contracts, leases or agreements may require increased limits and/or additional coverage. If there are questions please contact the Steuben County Risk Manager 607-664-2104. 24 AGREEMENT THIS AGREEMENT made effective the DAY day of MONTH, YEAR by and between the COUNTY OF STEUBEN, a municipal corporation organized and existing under and by virtue of the Laws of the State of New York and being one of its political subdivisions, having its principal place of business in the Village of Bath, Steuben County, State of New York, through its Department, herein after called the “County”, and Company Name, a Company Type, with an address of , hereinafter called the “Agent.” WITNESSETH: WHEREAS, the County has sought to procure ; and WHEREAS, the County and Agent are desirous of entering into an agreement for said purpose, and WHEREAS, the Agent has the knowledge, skills, and experience necessary to perform these services, NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained the parties agree as follows: 1. SCOPE OF WORK. . 2. TERM. The term shall be . 3. CONSIDERATION. Consideration shall not exceed . 4. INSURANCE. The Agent agrees to maintain insurance as specified by attached Appendix “A” and shall provide the Steuben County Risk Manager with a certificate of insurance naming Steuben County as an additional insured for purposes of coverage on a direct, primary, and non-contributory basis. All certificates of insurance shall provide that County be given thirty (30) days notice of any intent to cancel coverage. Self- employed persons must carry such Worker’s Compensation coverage as directed by the Steuben County Risk Manager. 5. COMPLIANCE WITH RULES, REGULATIONS AND LAWS. It is mutually agreed that all rules, regulations and laws pertaining hereto shall be deemed to be part of this Agreement, and anything contained herein that may be in whole or in part inconsistent therewith shall be deemed to be hereby amended and modified to comply with such legislation, rules, regulations and laws, for and during such time the same shall be in effect, but at no other time. If any provision contained herein is found now or during the life of this Agreement to be null and void, in whole or in part as a matter of law, then said clause or part hereof shall be deemed to be severed and deleted from this Agreement leaving all other clauses or parts thereof in full force and effect. It is further agreed that there shall be no gap in the coverage or applicability of said remaining clauses or parts thereof. 25 The Agent agrees to comply with the Federal Commercial Drivers License Drug and Alcohol Testing Program requirements set forth in 49 CFR Parts 40 and 382. In acceptance of this Agreement, the Agent covenants and certifies that he will comply in all respects with all Federal, State, County or other Municipal Law which pertains hereto regarding work on municipal contracts, matters of employment, length of hours, workers’ compensation and human rights. The Agent offering to provide services pursuant to this contract, as a Consultant, joint venture consultant, subcontractor, attests that its performance of the services outlined in this contract has a written policy addressing sexual harassment prevention in the workplace and provides training, which meets the New York State Department of Labor’s model policy and training standards, to all employees on an annual basis. Furthermore, by submission of this Expression of Interest procurement document, each agent and each person signing on behalf of any agent certifies, and in the case of a joint submission each party thereto certifies its own organization, under penalty of perjury, that the submitter has and has implemented a written policy addressing sexual harassment prevention training to all of its employees. Such policy shall at minimum meet the requirements of Section Two Hundred One – g of the New York State Labor Law (NYS Labor Law §201-g). 6. CONFIDENTIALITY. Information relating to individuals who may receive services pursuant to this Agreement shall be confidential and maintained and used only for the purposes intended under this Agreement, in accordance with any applicable State or Federal laws, rules and regulations. The Agent specifically covenants and certifies that it will comply in all respects with the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the HIPAA Privacy Rule and the HIPAA Security Rule with respect to the Protected Health Information (“PHI”) of clients of the County. For purposes of HIPAA, the Agent shall be referred to as a “Business Associate.” Any Agent who, as part of the work to be performed under this Agreement, will use, disclose or otherwise come into contact with PHI will be required to execute a Business Associate Agreement, which is hereby incorporated herein and made a part hereof. 7. CONFLICT OF INTERESTS. The Agent hereby stipulates and certifies that there is no member of the Steuben County Legislature or other Steuben County Officer or employee forbidden by law to be interested in the Agreement directly or indirectly, who will benefit therefrom or who is a party thereto. 8. LICENSES. The Agent hereby agrees that he will obtain, at his own expense, all licenses or permits necessary for this work, if any are necessary prior to the commencement of said work and shall be solely responsible for paying any and all fines or penalties incurred as a result of any improper or unlicensed services. 9. INDEPENDENT CONTRACTOR STATUS. The Agent covenants and agrees that he will conduct himself consistent with his status, said status being that of an independent contractor and that himself, his employees or agents will neither hold 26 themselves out as, nor claim to be an officer or employee of the County of Steuben, for such purposes as, but not limited to, Workers’ Compensation coverage, Unemployment Insurance Benefits, Social Security, Affordable Care Act, or Retirement membership or credit. The Agent shall have exclusive responsibility for the means, manner, and methods of performing its obligations under this Agreement. For sole purposes of the HIPAA Privacy Rule, the Agent shall be considered a Business Associate. 10. HOLD HARMLESS. The Agent shall at all times defend, indemnify and hold harmless the County of Steuben and its employees from any and all claims, damages or judgments or for the defense or payment thereof, based on any claim, action or cause of action whatsoever, including any action for libel, slander, or personal injury, or any affiliated claims, by reason of any act or failure to properly act on the part of Agent and in particular as may arise from the performance under this contract. Such obligation to the County shall not be construed to negate, abridge or reduce other rights of indemnity which would otherwise exist. This provision shall supersede any other provision in this Agreement deemed to be in conflict, unless specifically stated otherwise. 11. SET-OFF RIGHTS. The County shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the County’s option to withhold for the purposes of set-off any money due to the Agent under this Agreement up to any amounts due and owing to the County with regard to any contract with any County department, office or agency. 12. AUDIT. The Agent shall take such action, if applicable and as necessary and appropriate, to comply with the provisions of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200. In any event, the Agent shall provide the County with appropriate documentation should the County wish to conduct an audit relative to the expenditure of the funds pursuant to this Agreement. 13. RECORDS. The Agent shall submit to County upon request such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data that the County may request concerning work performed or to be performed under this Agreement. All books and records of the Agent shall be available upon request for inspection and/or audit by the County during the time hereof and for a period of six (6) years hereafter. 14. EXAMINATION OF BUDGET AND APPROPRIATION OF FUNDS. It is expressly understood by and between the parties that any and all payments made pursuant to the within contract may not be in an amount in excess of the sum appropriated therefore in the Budget. The Agent specifically acknowledges his responsibility to examine the Budget to assure himself that the within contract price complies with the amount appropriated therefore. The within contract shall be unenforceable, unless approved by a roll call vote of the Steuben County Legislature, should the contract price exceed the amount appropriated for the object purpose of the contract. The contract shall be deemed executory only to the extent of money available to the County of Steuben for the performance of the terms hereof and the County of Steuben beyond monies available thereof shall incur no liability on account for the purpose thereof. 27 The preceding clause shall not apply to contracts for provision of services where the State of New York or the U.S. Government mandates the payment and/or amount thereof. In that event, the Department Head represents that there is a funding source sufficient to pay for services provided pursuant to the contract. The Agent agrees that the County shall have no liability under this Contract to the Agent or to anyone else beyond funds appropriated and available for this contract. 15. ASSIGNABILITY. This contract may not be assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing, of the County of Steuben. To the extent assignment is granted in accordance with the terms of this paragraph, this Agreement shall be binding on the parties, their successors, heirs, and assigns. 16. AMENDMENTS. No waiver, modification, or amendment of this Agreement or any part thereof shall be valid unless in writing and duly executed by the parties hereto. A waiver of any breach hereof shall not prevent a forfeiture for any succeeding breach. 17. ENTIRE AGREEMENT. This Agreement contains the sole and entire Agreement between the parties relating to the services provided hereunder and shall supersede any and all other Agreements between the parties. Any other statements or repre- sentations made by either party are void and have no force or effect. Agreement shall be governed by the laws of the State of New York and any claims brought hereunder shall be brought in and under the jurisdiction of the State of New York. 18. TERMINATION. County may terminate this agreement at any time upon 30 days written notice. 19. CORPORATE COMPLIANCE. The Agency has received a copy of the Steuben County Corporate Compliance Plan. Additionally, the Agent has reviewed and signed the Independent Contractor / Agents / Vendors Acknowledgement Form attached hereto as Appendix B and incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF STEUBEN AGENT BY: BY: Dated: Dated: 28 Approved as to Form: ______________________________________________ (Deputy) County Attorney STATE OF NEW YORK) COUNTY OF STEUBEN) ss: On this __ day of __________________, _____ before me, the undersigned, personally appeared _____________________________ to me known, who being by me duly sworn, did depose and say that he/she resides in _________________, New York; that he/she is the ______________________ of the County of Steuben described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Steuben County Legislature. _____________________________________________ Notary Public STATE OF NEW YORK) COUNTY OF STEUBEN) ss: On the ________ day of ______________ in the year _____ before me, the undersigned, personally appeared _________________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. _____________________________________________ Notary Public 29 APPENDIX B INDEPENDENT CONTRACTOR / AGENTS / VENDORS ACKNOWLEDGEMENT FORM Steuben County has developed a Corporate Compliance Plan (the “Plan”) that states that the County, its employees, contractors, and County Legislators will adhere to applicable federal, state and local laws and regulations and internal policies and procedures. The Plan is a combination of policy and procedure that assists the County to monitor, detect and correct actions that are not in compliance with applicable laws or County policies and procedures. As our Agent, we expect that you will act in compliance with the laws that are applicable to the County and in compliance with County policies and procedures that set forth the overarching principles for conducting County business with integrity based on sound ethical and legal standards. As our Agent, we also expect you to report any suspected or potential violations of law or County policies and procedures of which you become aware by contacting the County Manager at (607) 664-2245, the Corporate Compliance Officer at (607) 664-2244, or our Corporate Compliance Hotline at (607) 664-2550. As our Agent, we expect you to understand your role in the Plan and we expect you to review any policies and procedures that are applicable to you and your organization. You may contact the County Manager or the Corporate Compliance Officer for any questions or clarifications of your responsibilities. As an Agent of the County of Steuben, I hereby acknowledge the following: • I acknowledge that on behalf of myself and my organization that I have read, have had an opportunity to ask questions about and that I understand the policies and procedures of the Plan that are applicable to the services that are provided to the department. • I understand and agree that I and all those in my organization who provide services to Steuben County must comply with the Plan and all laws, regulations, policies, procedures and other guidance applicable to the services. • I agree on behalf of myself and my organization to fully cooperate with the implementation of the Plan, to participate in any auditing or monitoring processes and to report any instances of possible violations of law, 30 regulations or policies that are applicable to Steuben County of which I become aware. • I acknowledge that Steuben County maintains a hotline for the purpose of receiving notifications of possible violations of law, regulation and the Plan. • I understand that my failure to report any concerns regarding possible violations of law, regulations or the Plan may result in corrective action, up to and including termination of my agreement with Steuben County. • I attest on behalf of myself, my organization, and my employees, that I am not currently excluded from participation in federal or state health care programs, am not the subject of any pending exclusion proceeding, and have not been adjudicated or deemed to have committed any action that could subject me or my organization to exclusion from government programs such as Medicare or Medicaid. • I will notify Steuben County within three (3) business days of receipt of notice of (a) exclusion or proposed exclusion from a state or federal health care program, or (b) adjudication or other determination that I, my organization, or the organization employees, have committed any action which could lead to exclusion from a government program. • I acknowledge that I will be responsible to make the County whole for any federal or state imposed losses that were a result of federal or state exclusions of our agency or employees. • I acknowledge that Steuben County may terminate my contract immediately upon notice that I or my organization has been excluded from participation in a state or federal health care program or that I or my organization have been adjudicated or determined to have committed an action which could subject it to mandatory exclusion. __________________________________ Agency Signature ___________________________________ Print name ___________________________________ Title ___________________________________ Date