county of oswego purchasing department 13-10 lodge zerbe se… · mbe/wbe solicitation and ......

RFP 13-10 Camp Zerbe Lodge Evaluation

1

COUNTY OF OSWEGO

PURCHASING DEPARTMENT

County Office Building ● 46 East Bridge Street ● Oswego, NY 13126

315-349-8234 Fax 315-349-8308 www.oswegocounty.com

Fred M. Maxon, Purchasing Director

September 7, 2010

LEGAL NOTICE

Requests for Proposals will be received by the Oswego County Purchasing Department, 46 East Bridge Street,

Oswego, NY until 2:00 p.m., Thursday, September 30, 2010 for:

CAMP ZERBE LODGE EVALUATION

Specifications are available in the Purchasing Department at the above address Monday through Friday, 9:00

a.m. to 5:00 p.m. or online at www.oswegocounty.com/purchasing.

THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS.

Fred Maxon

Purchasing Director

http://www.oswegocounty.com/

http://www.oswegocounty.com/


2

TABLE OF CONTENTS

Section 1 Information For Vendors - Page 4 - 7

Deadline, Receipt And Opening Of Proposals

Vendor’s Responsibilities

Communications

Specifications Discrepancy

Scope Parameters

Vendor’s Qualifications & Eligibility

MBE/WBE Solicitation And Commitment

Award

Commencement Of Work

Cancellation

Pricing

Method Of Payment

Section 2 Specifications - Page 8, 9

Introduction: Mission

Calendar of Events

Criteria

Specifications Of Services

Additional Information

References

Contract Term

Evaluation

Criteria

Evaluation Forms

Section 3 Proposal Format - Page 10

Vendor Reply Cover Sheet (Attached)

Vendor Information Sheet (Attached)

Non-Collusion Certification (Attached)

Resolution For Corporations (Attached)

Proposal Body. Please Include The Following:

Scope Of Work

Time Schedule.

Staff Qualifications

Experience With Similar Projects

An Itemized Cost Breakdown

References

Section 4 General Provisions - Page 11 - 14

Hold Harmless

Professional Services Agreement

Indemnification

Non-Discrimination

Laws, Codes & Regulations

Assignment & Subletting

Contract Modification

Disputes

Disclosure


3

Non-Waiver

Executory Clause

Pertaining To General Municipal Law

Identification

Uncontemplated Purchases

Validity Of Provisions

Non-Collusion

License And Permits

Rejection Or Acceptance Of Proposal

Taxes

No Extensions of Credit By County

Requirements For Contract

Security

Bond

Employment Woman and Minority owned Business

Freedom Of Information Law

Section 5 Insurance Requirements - Page 15, 16

Section 6 Required Forms Pages - Page17 - 21

Vendor Reply Cover Sheet

Vendor Information Sheet

Non-Collusion Certification

Resolution For Corporations Only

Non-Proposer Response

Attachments – Page 22

Evaluation Tool

NYS Required Contract Clauses

APPENDIX A-l Clauses Required by Office of Parks, Recreation and Historic Preservation

EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT


4

SECTION 1 INFORMATION FOR VENDORS

The County of Oswego is soliciting proposals from qualified firms for CAMP ZERBE LODGE

EVALUATION for the Oswego County Youth Bureau. Camp Zerbe is a 540 acre nature park located in the

town of Williamstown, located in the northeastern section of Oswego County. There is an historic lodge on the

property that has not been used for several years. The scope of the project includes: a complete structural

analysis on the lodge, development of a timetable for renovations and development of all construction

documents. This project is in part funded by a grant from the NYS Office of Parks, Recreation and Historic

Preservation through Title 9 of the Environmental Protection Act of 1993.

DEADLINE, RECEIPT AND OPENING OF PROPOSALS

Each Vendor shall submit a signed original proposal and three (3) copies in a sealed opaque envelope

indicating the company’s name and proposal title: RFP #13-10 – CAMP ZERBE LODGE

EVALUATION Proposals are due on or before 2:00 p.m., Thursday, September 30, 2010. Either mail or

deliver proposals in person to:

Fred Maxon, Director

Oswego County Purchasing Office

46 East Bridge Street (3rd Floor)

Oswego, NY 13126

The County may consider informal any proposal not prepared and submitted in accordance with the provisions

hereof and may waive any informalities or reject any or all proposals. Any proposal may be withdrawn prior to

the scheduled time for the opening of proposals or authorized postponement thereof. Any proposal received

after the time and date specified will not be considered and will be returned unopened. Proposals may not be

withdrawn within sixty (60) days after the actual date of opening. Facsimile transmitted proposals are not

acceptable and will be rejected.

Proposals delivered prior to the scheduled opening date will be deemed received upon the day of the actual

opening, and will be retained in the interim only as a courtesy to the Vendor.

VENDOR’S RESPONSIBILITIES

It is the Vendor’s responsibility to meet the entire intent of these specifications. Vendors shall carefully

examine the terms of this document and shall judge for themselves all the circumstances and conditions

affecting their proposal. Failure on the part of any Vendor to make such examination and to investigate

thoroughly shall not be grounds for any declaration that the Vendor did not understand the terms and conditions

herein. The County of Oswego shall not be liable for any costs associated with the preparation, transmittal, or

presentation of any response or materials submitted in response to the RFP.

It is the responsibility of each Vendor to:

Examine the RFP documents thoroughly;

Consider federal, state and local laws and regulations that may affect the proposal;

Study and carefully correlate Vendor’s observations with the RFP document;

Visit the site and examine schematics to become familiar with local conditions that may affect the

proposal.

COMMUNICATIONS

Communications with the County shall be solely through the officials indicated below. Vendors are specifically

directed not to contact any other County officials or employees in any fashion regarding this RFP, without prior


5

approval from the County Purchasing Director. Unauthorized communications may result in the rejection of the

proposal. The County will not be responsible for any oral representations or instructions.

General questions regarding RFP

process:

Schematics/Specifications/Technical Questions and

Site Visits:

Fred Maxon

Purchasing Director

46 East Bridge Street

Oswego, NY 13126

(315) 349-8307

Kathleen Fenlon

Oswego County Youth Bureau

70 Bunner Street

Oswego, NY 13126

(315) 349-3451

[email protected]

SPECIFICATIONS DISCREPANCY

Should a Vendor find a discrepancy in, or omissions from the specifications, requirements for contract, or RFP

form, or be in doubt as to their meaning, the Vendor shall at once notify in writing the County Purchasing

Director. Written instructions will be sent to all Vendors. All such addenda shall become a part of the contract

and all Vendors shall be bound by such addenda, whether or not received by the Vendors. The County will not

be responsible for any oral representations or instructions.

SCOPE PARAMETERS

If a Vendor identifies an additional element not included in this RFP, which in its judgment would be essential

to accomplish the intended objectives as articulated in this RFP, the Vendor should identify this element in its

proposal and explain in detail why the County should consider including this element within the scope of

services. Conversely, if a Vendor identifies a task within the RFP that it believes could be modified or deleted

without impacting the objectives of the RFP, the Vendor should provide an explanation as to why the task

should be deleted or modified. The County reserves the right to accept or reject all additions, deletions or

modifications recommended.

VENDOR’S QUALIFICATIONS & ELIGIBILITY

The County may make such investigation as it deems necessary to determine the qualifications and ability of a

Vendor, and the Vendor shall promptly furnish the County all such information and data as the County may

request for this purpose. The County reserves the right to reject any proposal where an investigation of the

available evidence or information does not satisfy the County that the Vendor is properly qualified or able to

carry out the obligations of the contract and to provide the services contemplated herein.

MBE/WBE SOLICITATION AND COMMITMENT

It is the County’s goal to encourage the participation of minorities and women in all County contracts. The

county therefore requires that all bidders demonstrate a good faith effort to obtain the participation of Minority

and Women’s Business Enterprises in work to be performed under County contracts. Please refer to (1)

Appendix A - Standard Clauses; (2) Appendix A1; and (3) Equal Employment Opportunity Policy Statement.

Proposer must abide by the clauses and policy statement as attached.

AWARD

The contract, if awarded, will be awarded to the lowest responsive and responsible bidder or bidders whom, in part

or in total, meet all of the terms and conditions of the specifications. The county reserves the right to reject any

and all bids. Oswego County reserves the right to permit political subdivisions and eligible fire companies/districts

under County Law §408-a and General Municipal Law §103(3), as amended, to participate in the county’s bid

award. Unless otherwise stated the bid specifications, the participation of third-party political subdivisions and/or

fire companies/districts shall also be upon the consent of the vendor.


6

The award will be based in part on an analysis of the following criteria: technical and esthetic qualities of the

proposal, reliability, vendor’s ability and facilities to provide the service called for, evaluation of the vendor’s proper

understanding of the County’s needs, and price. The contract shall be awarded to the responsible firm who best

meets the RFP’s criteria in the opinion of the County.

Additional selection factors may be included under the SPECIFICATIONS section of this RFP.

The Vendor must provide unquestionable evidence of sustained capability of providing the services requested

and proposed, such as can be demonstrated in existing or previous operations.

The County may award a contract based upon the proposals received, without discussion of such proposals with

Vendors. Each proposal should, therefore, be submitted in the most favorable terms the Vendor can

make to the County. The County of Oswego does, however, reserve the right to request additional data or an

oral presentation in support of the written proposal. Submission of a proposal does not automatically qualify a

Vendor for a presentation. The County reserves the right to negotiate with all qualified Vendors.

The County of Oswego, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and New

York State Executive Law affirmatively ensures that the contract will be awarded without discrimination on the

grounds of race, creed, color, disability, marital status, age, sexual orientation or natural origin.

All proposals over $5,000 are subject to final review and acceptance by the Oswego County Legislature before

any award of contract may be made. Receipt of proposals by the County shall not be construed as authority to

bind the County.

All proposals shall be firm for a period of sixty (60) days after the opening date in order for the County to

determine which proposal best meets the public interest. The County reserves the right to extend said period.

At the discretion of the County, the successful Vendor must provide Letter of Commitment within thirty (30)

days of acceptance.

COMMENCEMENT OF WORK

Upon execution and delivery of the contract and delivery of any required performance bonds, including the

required Certificates of Insurance and the approval thereof by the County Attorney, the successful Vendor will

be notified to proceed with the work of the contract. Such notification will be in the form of a letter to proceed

from the County’s Purchasing Office.

CANCELLATION

The County reserves the right to cancel the contract at will. If the Vendor fails to perform under the contract,

fails to meet specifications, or fails to make satisfactory progress so as to endanger the overall contract

performance, they may be determined to be in breach and the contract may be terminated by giving written

notice to the Vendor of such termination and specify the effective date thereof, at least five days before the

effective date of such termination. In such event, all finished or unfinished documents, data, and reports

prepared by the Vendor under this contract shall, at the option of the County, become County property and

the Vendor shall be entitled to receive just and equitable compensation for any work satisfactorily completed

hereunder.

The Vendor shall not be relieved of liability to the County for damages sustained by the County by virtue of any

breach of the contract by the Vendor, and the County may withhold any payments to the Vendor for the purpose

of determining the exact amount of damages due the County.


7

The Vendor understands that the contract may be terminated due to non-appropriation of funds.

PRICING

All prices are to be lump sum and quoted firm against increase for the duration of the contract. Travel

and incidental expenses cannot be separately invoiced. The County shall not be responsible for any

additional costs.

METHOD OF PAYMENT

Payment shall be made at the contract price for the services provided and verified by the Oswego County Youth

Bureau. Payment schedule is negotiable for completed work. Oswego County does not pay in advance.

Invoices shall be sent to the Oswego County Youth Bureau, 70 Bunner Street, Oswego NY 13126.

- END OF SECTION 1 -


8

SECTION 2 SPECIFICATIONS

Oswego County Youth Bureau/Parks and Recreation operates Camp Zerbe. There is an historic lodge on the

property that has not been used for several years. This project will do a complete structural analysis on the

lodge, develop a timetable for renovation, and develop all construction documents. This will be the first step in

a long range plan to fully restore the lodge and make it available for public use.

Mission

Camp Zerbe is a 540 nature park located in the town of Williamstown in the northeastern section of

Oswego Count. It is a drop-in nature park. Residents and visitors enjoy the interpretive center, kettle hole lakes,

trails, fields, playground, meeting room, and pavilion. Camp Zerbe is also used by groups on a reservation basis

who can use its facilities to plan for special outdoor and nature programming.

Calendar of Events

RFP released September 8th

Questions due September 20th

Responses to questions September 23rd

Proposals due September 30th

Interviews (optional) and decision. October 5th

Specifications of services

This request for proposals is for a firm to provide the County Youth Bureau with a report and recommendation

as to the viability of the Camp Zerbe lodge.

1) We are requesting a structural investigation be performed. All work will conform with the Secretary

Interior's Standards for Treatment of Historic Properties. We expect

field measurements of deterioration

documentation of the current conditions,

cost estimates for recommended repairs.

Scope of work must include the evaluation of:

o roofing

o roof trusses,

o all structural supports

o flooring

o south porch

o stone work on both fireplaces including the exterior chimneys

o environmental analysis

o historical assessment

o archeological survey, if required

o other issues

2) Oswego County is expecting a cost for the potential reconstruction. Providing the assessment

recommends a rehabilitation of the lodge, the County wants an estimate of the cost of architectural or

engineering services necessary to bid and complete that work. The County also wants a proposed

timetable for restoration of the lodge.

3) The estimated cost for the creation of all construction documents, followed by the completion of all

construction documents.

Anticipated contract term and conditions: November 2010 start up – Assessment complete by May 2011


9

Evaluation:

Committee includes:

Kathleen Fenlon, Director Oswego City/County Youth Bureau

David Turner, Oswego County Director of Community Development, Planning, and Tourism

Bill Malone, Oswego County Supervisor of Buildings and Grounds

The evaluation committee will review the submitted proposals, evaluate using the attached evaluation form, and

choose proposers for interviews.

Selection The evaluation committee individually will score each proposal according to the direction on the evaluation

tool.

Proposals must be acceptable in each of the categories as identified on the attached evaluation tool. A proposal

that is not acceptable in any category of the criteria will not be considered.

The broad categories of selection criteria are:

Completeness of evaluation proposal (Roof, Supports, stone, etc…)

Description of documentation expected to be produced, (i.e. Final report outline, expected

documentation)

Timeframes for project

Pricing of both the initial evaluation and potential

References will be checked.

The committee will compare their scored evaluations. A single score for each criterion will be negotiated. With

that score, a ranking of the proposals will be completed.

The ranking of the proposals will determine if a selection can be made, or if presentations will be needed by the

committee. Interviews will be scheduled for October 5 if necessary.

Final selection will be a consensus choice of the committee. This recommendation will be made and the county

contracting process will begin following any scheduled interviews on October 5, 2010.

END OF SECTION 2 -


10

SECTION 3 PROPOSAL FORMAT

All proposals must be in accordance with the format specified below. Please submit one signed original and

three (3) copies of your proposal in a sealed envelope marked RFP #13-10 CAMP ZERBE LODGE

EVALUATION.

Vendor Reply Cover Sheet (attached)

Vendor Information Sheet (attached)

Non-Collusion Certification (attached)

Resolution for Corporations (attached)

Proposal Body - Please include the following:

Describe how you will fulfill the scope of work as identified in this RFP. Include a tentative time schedule.

Identify the staff that would be assigned to work on this project. Define the capacity in which each person

would be working, and describe the qualifications, education, training, expertise, and experience that qualifies

these individuals to work on this project.

Describe in detail your organization’s experience with similar projects. Include:

1. A listing of any current projects of this same type and the client’s names;

2. Any proposed projects of this same type and the client’s names;

3. A listing of completed projects over the past five (5) years of this same type and the client’s names.

An itemized cost breakdown

References Please provide a listing of references for projects of this same type completed within the past five

(5) years.

Please include the submission of an Equal Employment Opportunity Policy Statement (see attachment) as a

component of the proposal.

- END OF SECTION 3 -


11

SECTION 4 GENERAL PROVISIONS

In submitting a proposal, a Vendor agrees to be bound by the requirements set forth in the following General

Provisions and the above Information for Vendors and Specifications. Whenever reference is made to the term

“Contractor” or “Vendor” this shall include the party with whom the County may enter into an agreement, as

well as any subcontractors whom the Vendor has engaged to complete portions of the scope of services.

Whenever reference is made to the term “County” this shall include the County of Oswego.

HOLD HARMLESS

The Contractor shall agree to defend, at its sole expense, any and all claims, demands or causes of action

directly or indirectly arising out of the performance of the agreement and to bear other costs and expenses

related thereto; to indemnify and hold-harmless the County of Oswego, its officers, employees and agents from

any and all liability damage claims, demands, costs, judgments, fees, attorney’s fees or losses arising directly or

indirectly out of the performance or failure to perform hereunder by the Contractor, or by third parties under the

control and direction of the Contractor.

PROFESSIONAL SERVICES AGREEMENT

The successful Vendor will be required to execute a professional services agreement with Oswego County. The

final contract will be provided by Oswego County. The contract pertaining to this project will involve, at a

minimum, the terms and conditions set forth in this RFP (including the Information for Vendors, Specification

and General Provisions) and may include those reflected in the specific proposal submitted. The contract

documents shall be the exclusive source of the Vendor’s rights and remedies, and shall supersede any and all

prior writings, negotiations or agreements of any kind.

INDEMNIFICATION

The relationship of the contractor to the County shall be that of an independent contractor. That the said

contractor in accordance with its status as an independent contractor, covenants and agrees that it will conduct

itself in accordance with such status, that it will neither hold itself out as nor claim to be an officer or employee

of the County by reason thereof, and that it will not by reason thereof, make any claim, demand, or application

to or for any rights, or privilege applicable to an officer or employee of the County, including but not limited to

Workers’ Compensation coverage, Unemployment Insurance Benefits, Social Security coverage, or retirement

membership or credits.

NON-DISCRIMINATION

The Contractor agrees to comply with the nondiscrimination in employment policies as required by applicable

State and Federal laws and regulations regarding employment discrimination. The Contractor assures the

County that, in accordance with applicable law, it does not, and agrees that it will not discriminate in any

manner on the basis of age, color, creed, national origin, race, religious belief, sexual preference, or handicap.

LAWS, CODES & REGULATIONS

The Contractor shall, without additional expense to the County, be responsible for complying with any and all

applicable laws, codes, and regulations in connection with the services described in the proposal.

ASSIGNMENT & SUBLETTING

The Contractor shall not assign or transfer any interest or claim under this contract except as authorized in

writing by the County and, except as set forth in the Contractor’s proposal, no contract shall be made by the

Contractor with any other parties for furnishing any of the work or services under this contract without the

approval of the County.


12

The contractor shall not assign, transfer, sub-lease, surrender, or otherwise encumber or dispose of this contract

or any estate created by this contract or any interest in any portion of the same, or permit any other person or

persons, company or corporation to perform, without the written consent of the County first being obtained.

CONTRACT MODIFICATION

Either party may at any time during the term of this contract request amendments or modifications. Requests

for amendment or modification of this contract shall be in writing, specifying the changes sought and the

reasons. The County will have final approval.

DISPUTES

The exclusive means of disposing of any dispute arising under this contract which is not disposed of by

agreement shall be decided in a New York State court of competent jurisdiction, located within Oswego

County, New York. There shall be no right to binding arbitration. Pending final resolution of a dispute, the

Contractor must proceed diligently with contract performance. The Contractor waives any dispute or claim not

made in writing and received by the County within thirty (30) days of the occurrence giving rise to the dispute

or claim. A claim must be in writing, for a sum certain and any money requested must be fully supported by all

cost and pricing information.

DISCLOSURE

The County, or its duly authorized agent, shall have access to and copies of the Contractor’s records, including

any books, computer tapes, disks or programs, or material pertaining to work performed under the contract, at

no cost to the County, to determine and verify the compliance with all contractual conditions. The County shall

be granted access to such records without prior notice, at all reasonable times during the contract period and for

three (3) years thereafter.

The Vendor will retain all records pertinent to this agreement, for a period of seven (7) years from either the

date of final payment of this agreement or until all audits are complete and findings on all claims have been

finally resolved, whichever is longer.

When a fiscal or special audit determines that the Vendor has expended funds which are questioned under the

criteria set forth, herein, the Vendor shall be notified and given the opportunity to justify questioned

expenditures prior to the County’s final determination of the disallowed costs, in accordance with the

procedures established under contracted funding regulations.

NON-WAIVER

Any waiver of any breach of covenants herein contained to be kept and performed by the contractor shall not be

deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring

a forfeiture for any succeeding breach either of the same conditions or covenant or otherwise.

EXECUTORY CLAUSE

It shall be understood by and between the parties that the contract shall be deemed executory to the extent of the

monies available to the County for said purpose, and no liability on account thereof shall be incurred by the

County beyond monies available for said purposes.

PERTAINING TO GENERAL MUNICIPAL LAW

The contractor shall agree that Section 103A and 103B of the General Municipal Law relative to installation of

contract by municipal corporation to testify and disqualification to contract with municipal corporation are

made part as though fully set forth herein.


13

IDENTIFICATION

The correct and full legal business name of the entity involved must be used on contracts issued as a result of

this solicitation. A trade name, (i.e., a shortened or different name under which the firm does business), should

not be used when the full legal name is different; corporations must have names that comply with state law

which requires a suffix indicating the corporate status of that business (e.g., Inc., Incorporated, etc). The

signature on the contract must conform to the following:

Where the contractor is a corporation, the signature must contain the corporation seal or an attestation by

a separate corporate officer (usually the secretary) of the authority of the signing corporate officer to

bind the corporation;

Where the contractor is a partnership, at least one general partner must sign;

Where the contractor is a sole proprietor, the owner of the company must sign;

All signatures on proposals, amendments and related correspondence must be persons who are

authorized to contractually bind the proposing entities.

UNCONTEMPLATED PURCHASES

Oswego County reserves the right to request separate bids or proposals should quantities or conditions change

such that contractual services may be best procured via separate public bid offering, and to otherwise act in

furthering its own interests.

VALIDITY OF PROVISIONS

The parties hereto understand and agree that each and every provision of law or clause required by law to be

inserted in this contract shall be deemed to have been inserted herein, and if through mistake or inadvertence,

such provision is not inserted, said clause shall be deemed to have been inserted and shall have full force and

effect of law.

This specification as well as any contract, plans, drawings, exhibits or schedules to which it is attached and

made a part of constitutes the entire agreement and understanding between the parties hereto, and shall be

binding upon each party and their successors. Any additions, changes or deviations to or from said

specifications, contracts, plans, drawings, exhibits, or schedules will invalidate the agreement between the

parties in its entirety unless in every case such changes shall be previously agreed upon by the parties hereto in

consideration of all applicable legislation.

NON-COLLUSION

Pursuant to Section 103D of the General Municipal Law, each Vendor must submit an affidavit of non-

collusion signed by an officer of the company.

LICENSE AND PERMITS

It shall be the responsibility of the Vendor to secure any permits or licenses necessary for the Vendor to hold

hereunder at its sole cost and expense.

REJECTION OR ACCEPTANCE OF PROPOSAL

The right is reserved by the County to waive any irregularities or informalities in any proposal, to reject any or

all proposals, to re-advertise for proposals if desired, and to accept the proposal which, in the judgment of the

County, is deemed the most advantageous for the public and the County. Any proposal that is incomplete,

conditional, obscure, or which contains additions not called for, or irregularities of any kind, including

unbalanced proposals, may be cause for rejection. An unbalanced proposal is defined as one in which the

amount proposed for one or more separate items is substantially out of line with current market prices for the

services rendered. In the event of default of the successful Vendor, or Vendor’s refusal to enter into an


14

agreement with the County, the County reserves the right to accept the proposal of any other applicant without

necessity to re-advertise.

TAXES

Oswego County is exempt from the payment of sales and compensating use taxes, manufacturer’s excise taxes

and other taxes imposed by the State of New York, its subdivisions and/or the Federal Government. Taxes shall

not be included in any bid price submitted to the county. The county will provide proof of its tax exempt status

upon request.

Please note that any pricing submitted to the county should EXCLUDE any fees or surcharges required of

vendors by the New York State Office of General Services (whether the price is consistent with a current OGS

state contract, or otherwise). This bid solicitation is made by the County of Oswego only.

NO EXTENSIONS OF CREDIT BY COUNTY

Pursuant to the applicable provisions of the New York State Constitution, the County of Oswego is prohibited

from extending credit to individuals or entities to finance the operation of this program.

REQUIREMENTS FOR CONTRACT

The contract, as well as the statements and specifications that accompany the proposals, and which are accepted

by the County, shall be in such form and contain such terms and conditions as approved by the County

Attorney.

SECURITY

The Vendor shall obtain and maintain general and/or professional liability insurance to include comprehensive

form and other coverage mutually acceptable to the County with sufficient limits for bodily injury, accidental

death and property damage, and insurance related to training, as required by law.

The Vendor ensures that those employees in positions allowing for access and or control of program funds are

properly bonded. The Vendor also agrees to reimburse Oswego County for any loss incurred in relation to this

clause. The bond should be in effect from the date of entry into the contract through one year following the

expiration date of this contract.

EMPLOYMENT

Vendor must document that it is an Affirmative Action / Equal Opportunity Employer. Women and Minority-

Owned businesses encouraged to propose.

FREEDOM OF INFORMATION LAW

Vendors are advised that Oswego County is subject to the Freedom of Information Law (FOIL). The County

will make every reasonable legal effort to maintain the confidentiality of proposals and negotiations. Vendors

are advised to clearly identify and mark any proprietary information in their proposals as “Proprietary

Information.”

- END OF SECTION 4 –


15

SECTION 5 INSURANCE REQUIREMENTS

I. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the Vendor hereby

agrees to effectuate the naming of the County of Oswego as an unrestricted, additional insured on the contractor's

insurance policy(ies), with the exception of workers’ compensation. If the contractor is self-insured, evidence

of its status as a self-insured entity shall be provided to the Oswego County Purchasing Department. If

requested, the contractor must describe its financial condition and the self-insured funding mechanism(s).

II. The policy naming the County of Oswego as an additional insured shall, without exception:

● Be an insurance policy from an A.M. Best rated “secured” New York State licensed insurer.

● Contain a 30-day notice of cancellation.

● State that the insurer's coverage shall be primary coverage for the County of Oswego, its officers, and

employees.

● The County of Oswego shall be listed as an additional insured by using endorsement CG 2010 10 85 or

broader. The certificate must state that this endorsement is being used. If another endorsement is used, a

copy shall be included with the certificate of insurance.

III. The contractor agrees to indemnify the County of Oswego for any applicable deductibles.

IV. Required Insurance MINIMUMS:

● Commercial General Liability Insurance

$2,000,000 per occurrence / $4,000,000 aggregate. General Aggregate to apply on a per project basis.

● Automobile Liability

$1,000,000 CSL for owned, hired and borrowed and non-owned motor vehicles.

Excess/Umbrella Insurance

1,000,000; $3,000,000; $5,000,000 each Occurrence and Aggregate

(depending on the type and size of the project).

● Workers' Compensation and NYS Disability

Statutory Workers’ Compensation, Employers’ Liability and N.Y.S. Disability

Benefits Insurance for all employees.

● Owners/Contractors Protective Insurance

(Required for large construction projects.)

$1,000,000 per occurrence/$2,000,000 aggregate; the County of Oswego as the named insured.

Bid, Performance and Labor & Material Bonds

If required in the specifications, these bonds shall be provided by a New York State admitted

surety company, in good standing.

● Professional Liability/Malpractice $1,000,000 aggregate (If commercially available

for your profession) $1,000,00 per claim

V. Vendor acknowledges that failure to obtain such insurance on behalf of the County of Oswego constitutes a

material breach of this bid/contract. The Vendor is to provide the County of Oswego with a certificate of

insurance, evidencing the above requirements have been met, prior to the commencement of work or use of

facilities. The failure of the County of Oswego to object to the contents of the certificate or the absence of same

shall not be deemed a waiver of any and all rights held by the County of Oswego.

Vendor shall attach to this Agreement certificates of insurance evidencing Vendor’s compliance with these

requirements.

Each policy of insurance shall contain clauses to the effect that (i) such insurance shall be primary without

right of contribution of any other insurance carried by or on behalf of the County with respect to its


16

interests, (ii) it shall not be cancelled, including, without limitation, for non-payment of premium, or

materially amended, without thirty (30) days prior written notice to the County, directed to the County

Attorney and the Department Head and the County shall have the option to pay any necessary premiums to

keep such insurance in effect and charge the cost back to Vendor.

To the extent it is commercially available, each policy of insurance shall be provided on an “occurrence”

basis. If any insurance is not so commercially available on an “occurrence” basis it shall be provided on a

“claims made” basis, and all such “claims made” policies shall provide that:

A. Policy retroactive dates coincide with or precede Vendor’s start of the performance of the Services

(including subsequent policies purchased as renewals or replacements);

B. Vendor will maintain similar insurance for at least six (6) years following final acceptance of the

Services;

C. If the insurance is terminated for any reason, Vendor agrees to purchase an unlimited extended reporting

provision to report claims arising from the Services performed for Oswego County; and

D. Immediate notice shall be given to the County through the Department Head and the County Attorney of

circumstances or incidents that might give rise to future claims with respect to the Services performed

under this Agreement.

- END OF SECTION 5 –


17

VENDOR REPLY COVER SHEET

Sealed proposals are due by 2:00 p.m., Thursday, September 30, 2010 at the Oswego County Purchasing

Office; 46 East Bridge Street (3rd Floor); Oswego, NY 13126.

THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS

The undersigned hereby certifies that he/she has examined and fully comprehends the requirements and intent

of the Notice, Information, Specifications and Proposal for RFP # 13-10 CAMP ZERBE LODGE

EVALUATION, and offers to fulfill the activities as shown on the attached proposal for the cost listed below.

1) ASSESSMENT COST = $_____________

2) ADDITIONAL REHABILITATION RELATED COST = $ ____________

Federal ID Number:

Type or Print Name Company

Title Address

Authorized Signature

( ) / ( )

Date Telephone Number / Fax

Please attach additional proposal information to this sheet.


18

VENDOR INFORMATION SHEET

Proposing Organization:

Address:

Phone: ( )

Fax: ( )

Invoices Will Be From:

Address:

Person To Contact In Reference To Contract:

Name:

Title:

Address:

Phone: ( )

Fax: ( )

E-mail:

Signatory Authority:

“In consideration of the limitations of this RFP, I hereby certify that the information in this proposal is correct

to the best of my knowledge, and that I am an official of the above organization authorized to sign and submit

this proposal.”

Name/Title

Signature

Date


19

NON-COLLUSION CERTIFICATION

General Municipal Law § 103-d

(a) By submission of this proposal, each Vendor and each person signing on behalf of any Vendor 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 knowledge and belief:

(1) The prices in this proposal have been arrived at independently without collusion, consultation,

communication, or agreement, for the purpose of restricting competition, as to any matter relating to

such prices with any other Vendor 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 Vendor and will not knowingly be disclosed by the Vendor prior to

opening, directly or indirectly, to any other Vendor or to any competitor;

(3) No attempt has been made or will be made by the Vendor to induce any other person, partnership or

corporation to submit or not to submit a proposal for the purpose of restricting competition.

(b) A proposal shall not be considered for award nor shall any award be made where (a)-(1), (2) and (3) have

not been complied with; provided however, that if in any case the Vendor cannot make the foregoing

certification, the Vendor shall so state and shall furnish with the proposal a signed statement which sets

forth in detail the reasons therefore. Where (a)-(1), (2) and (3) have not been complied with, the proposal

shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the

political subdivision, public department, agency or official thereof to which the proposal is made, or his

designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a Vendor (a) has published price lists, rates or tariffs covering items being procured, (b) has

informed prospective customers of proposed or pending publication of new or revised price lists for such

items, or (c) has sold the same items to other customers at the same time prices being proposed, does not

constitute, without more, a disclosure within the meaning of paragraph (a) of this certification.

By submission of this proposal, the undersigned hereby affirms the truth of the foregoing certification under

the penalties of perjury.

Company Type or Print Name

Date Title



20

RESOLUTION FOR CORPORATIONS ONLY

Resolved that _______________________________________________________(individual) is authorized to

sign and submit the bid or proposal of this corporation for the following project:

RFP # 13-10 CAMP ZERBE LODGE EVALUATION

and to include in such bid or proposal the certificate as to non-collusion required by Section 103-D of the

General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in

such certificate this corporate bidder shall be liable under the penalties of perjury, and to enter into the contract

if awarded to this corporation:

The foregoing is a true and correct copy of the resolution adopted by

Corporation at a meeting of its Board of Directors held on the

day of , , and is still in force on this day of

, 2010.

Secretary

(Seal of Corporation)


21

NON-PROPOSER RESPONSE

The Oswego County Purchasing Department is interested in the reasons why prospective Vendors fail to submit

proposals. Failure to submit a proposal without explanation may result in removal of your firm from our

Vendors’ list. If you are NOT submitting a proposal, please indicate the reason(s) by checking off one or more

of the items below and return this form to the Oswego County Purchasing Office; 46 East Bridge Street;

Oswego, NY 13126.

1. Unable to make a proposal at this time, but would like to receive future RFPs.

2. Items or material not manufactured, distributed,

stocked, furnished.

______ 3. Services, materials or items we have to offer do not fully meet all the requirements of standards

specified.

4. Specifications not clearly understood or applicable as follows: (ex.: too vague,

too rigid, etc.)

5. We cannot meet the time of delivery of items or materials specified.

6. Insufficient time allowed for preparation and submission of bid.

7. Other reasons: _____

You may remove our name from the bid list for:

This Commodity Group This Item or Material All Bids

Type or Print Name Company

Title Address


( )

Date Telephone Number


22

EVALUATION OF PROPOSALS

Report and recommendation as to the viability of the Zerbe lodge. We are requesting a structural investigation

be performed. We expect field measurement, documentation of the current conditions, cost estimates for

recommended repairs. Scope of work must include the evaluation of roofing, roof trusses, supports, flooring,

stone work on both fireplaces including the exterior chimney. Also requested is a price for the potential

reconstruction and the architectural or engineering necessary to bid and complete that work, providing the

assessment recommends a rehabilitation of the lodge Also, we expect a separate cost for the creation of contract

documents as may be indicated.

Vendor

Evaluator:

Rating Scale: 5points=exceeds expectations, 3 points = meets most requirements 1 point = meets minimum

0 points = no evidence provided that vendor can meet this requirement

Criteria Score Comment

Completeness of proposal.

Roof, Supports, stone, etc…

Description of documentation

expected

Proposed timeframes

References

Price for Construction

documents

Equal Employment Opportunity

Policy Statement included.

TOTALSCORE =

Conclusion by Evaluator:

Signature Date: / /


23

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract")

agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than

the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the

Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or

its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State

and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive

payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance

Law.

3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or

City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed

to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which,

as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or

reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved

by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such

contracts exceed $85,000 (State Finance Law Section 163.6.a).

4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no

force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are

required to be covered by the provisions of the Workers' Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights

Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any

employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or

carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or

repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this

contract shall be performed within the State of New York, 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 thereof, 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 moneys due hereunder for a second or subsequent violation.

6. 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 thereof, 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 statutes, 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.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded

based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed

at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and

delivered to the State a non-collusive bidding certification on Contractor's behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance

Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially

owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation

of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the

aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the

United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract,

amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business

days of such conviction, determination or disposition of appeal (2NYCRR 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be

limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and

owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing

prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee


24

delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in

cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly

pertinent to performance under this contract (hereinafter, collectively, "the Records"). 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 State Comptroller, the Attorney General and any other person or entity

authorized to conduct an 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 the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable

venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State 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: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said

records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall

diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or

FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or

services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's

identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such

numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such

number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such

number or numbers.

(b) PRIVACY NOTIFICATION. (1) 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 State is mandatory. The principal 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 tax liabilities and to generally identify persons

affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and

for any other purpose authorized by law.

(2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or

personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of

Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if

this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting

agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing,

to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting

agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real

property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is

committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and

improvements thereon for such project, then:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age,

disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women

are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment,

promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of

workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency,

labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such

union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants

will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital

status.

Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement,

major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use

of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or

(iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the

requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall

determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication

or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will

comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development

pertaining hereto.


25

13. 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 Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires

otherwise.

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the

State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding

arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby

consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's

actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor

must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the

last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used

under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165. (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 responsibility of the contractor to establish

to meet with the approval of the State.

In addition, when any portion of this contract involving the use of woods, whether 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 §165 State Finance Law. Any such use must meet with the approval of

the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the

responsibility of the Contractor to meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws

of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in

good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in

Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.

20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York

State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement

contracts.

Information on the availability of New York State subcontractors and suppliers is available from:

NYS Department of Economic Development

Division for Small Business

30 South Pearl St -- 7th Floor

Albany, New York 12245

Telephone: 518-292-5220

Fax: 518-292-5884

http://www.empire.state.ny.us

A directory of certified minority and women-owned business enterprises is available from:

NYS Department of Economic Development

Division of Minority and Women's Business Development

30 South Pearl St -- 2nd Floor

Albany, New York 12245

Telephone: 518-292-5250

Fax: 518-292-5803

http://www.empire.state.ny.us

The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total

bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors,

including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided

upon request to the State;

(b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;


26

(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project

through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such

manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide

said documentation to the State upon request; and

(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to

cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country,

nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially

produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383,

respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory

jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS

Department of Economic Development for a current list of jurisdictions subject to this provision.

22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable

or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not

limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to

or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be

utilized by the bidder.

APPENDIX A-l

Clauses Required by

Office of Parks, Recreation and Historic Preservation

1. Changes to Budget and Program Workplan. Changes shall not be made in the Program Workplan as described

in Appendix D or the proposed expenditure of funds as shown in the Budget, Appendix B, without the prior

written approval of the STATE. Such approval will be granted if the changes are not substantive and do not

alter the scope, intent or basic elements of the contract. Changes may be made in the Budget to reallocate funds

between budgeted items provided such changes do not exceed ten percent of any budget category and have the

STATE's written approval. Changes in the Program Workplan which are substantive or alter the scope, intent or

basic elements of the contract, or Budget changes which are in excess of ten percent of any budget category, if

agreed to by the STATE, will be implemented by an amendment to this AGREEMENT (See Section I,

Paragraph D of this AGREEMENT).

2. Termination.

A. In the event the project cannot be completed as agreed upon by the STATE and the CONTRACTOR, the

CONTRACTOR shall bring it to a point of recreational usefulness agreed upon by the STATE and the

CONTRACTOR.

B. The CONTRACTOR shall complete the project as set forth in this AGREEMENT, and failure to render

satisfactory progress or to complete the project to the satisfaction of the STATE maybe deemed an

abandonment of the project and cause for the suspension or termination of any obligation of the STATE. In

the event the CONTRACTOR should be deemed to have abandoned the project for any reason or cause

other than a national emergency or an Act of God, all monies paid to the CONTRACTOR by the STATE

and not expended in accordance with this AGREEMENT shall be repaid to the STATE upon demand. If

such monies are not repaid within one year after such demand, the State Comptroller of the State of New

York may cause to be withheld from any State assistance to which the CONTRACTOR would otherwise be

entitled an amount equal to the monies demanded (see Section III of this AGREEMENT).

3. Participation by New York State Businesses and Minority Group Members and Women with Respect to State

Contracts; Omnibus Procurement Act.

A. It is the policy of New York State to maximize opportunities for the participation of minority and women-

owned business enterprises, as subcontractors and suppliers on its procurement contracts.

B. Information on the availability of New York State subcontractors and suppliers is available from:

Empire State Development

Division Minority and Women's Business Development

30 South Pearl Street

Albany, NY 12245

Phone: (518) 292-5250 / Fax: (518) 292-5803

Note: When requesting lists of potential subcontractors and suppliers please identify the SIC code, size and

location of vendors.

C. If located in a foreign country the contractor is hereby notified that New York State may seek to obtain and

assign or otherwise transfer offset credits created by this contract to third parties located in New York

State. The contractor agrees to cooperate with the State in efforts to get foreign countries to recognize

offset credits created by this contract.

D. A directory of minority and women-owned business enterprises is available from:

Empire State Development

Division Minority and Women's Business Development

30 South Pearl Street

Albany, NY 12245

Phone: (518) 292-5250 / Fax: (518) 292-5803

E. Definitions: For purposes of these clauses, the following definitions shall apply:

I. "Certified business", shall mean either a business certified as a minority or women-owned business

enterprise pursuant to section 314 of the Executive Law.

II. "Minority group member" shall mean a United States citizen or permanent resident alien who is and

can demonstrate membership in one of the following groups:

(a) Black persons having origins in any of the Black African racial groups;

(b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of

either Indian or Hispanic origin, regardless of race;

(c) Native American or Alaskan native persons having origins in any of the original peoples of North

America;

(d) Asian and Pacific Islander persons having origins in any of the Far East countries, South East

Asia, the Indian subcontinent or the Pacific Islands.

III. "Minority-owned business enterprise" shall mean a business enterprise, including a sole

proprietorship, partnership or corporation that is:

(a) at least fifty-one percent owned by one or more minority group members;

(b) an enterprise in which such minority ownership is real, substantial and continuing;

(c) an enterprise in which such minority ownership has and exercises the authority to control

independently the day-to-day business decisions of the enterprise; and;

(d) an enterprise authorized to do business in this state and independently owned and operated.

IV. "Women-owned business enterprise" shall mean a business enterprise, including a sole proprietorship,

partnership or corporation that is:

(a) at least fifty-one percent owned by one or more United States citizens or permanent resident aliens

who are women;

(b) an enterprise in which the ownership interest of such women is real, substantial and continuing;

(c) an enterprise in which such women ownership has and exercises the authority to control

independently the day-to-day business decisions of the enterprise; and

(d) an enterprise authorized to do business in this state and independently owned and operated.

F. Good Faith Efforts: The CONTRACTOR is encouraged to employ minority and women workers and to

solicit and obtain the participation of certified minority and women-owned business enterprises as

subcontractors and suppliers on this contract whether or not goals have been established by the STATE for

this contract. The following are suggested actions for the contractor to take in this endeavor:

I. Place advertisements in appropriate general circulation, trade and minority or women-owned

publications in a timely fashion.

II. Make written solicitations to women and minority-owned business enterprises in a timely fashion and

include plans, specifications and contract terms.

III. Where reasonable, structure the work to be performed under subcontracts so as to increase the

likelihood of participation by certified businesses.

IV. Offer to M/WBE's subcontract terms and conditions comparable to those offered to other

subcontractors on the contract.

V. Make payments to M/WBE subcontractors and suppliers in a timely fashion.

G. Reports: The CONTRACTOR shall submit, and shall require subcontractors to submit, reports showing the

participation of all business enterprises on this contract, including minority and women-owned business

enterprises on forms and at intervals to be established by STATE. Reports not submitted at such times as

shall be required by STATE shall be cause for STATE to delay implementing scheduled payments to the

contractor.

4. Non-Discrimination:

A. The CONTRACTOR shall not limit access or discriminate in the operation of the facilities against any

person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital

status.

B. The CONTRACTOR agrees to comply with all applicable Federal, State, and local Civil Rights and Human

Rights laws with reference to equal employment opportunities and the provisions of service.

EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

It is the policy of the __________________________________ to provide equal employment

Name of Contractor

opportunity to all people without regard to race, color, sex, religion, age, national origin, disability,

sexual preference, or Vietnam Era Veteran Status. As head of __________________, I am

Name of Contractor

personally committed to assuring that the ________________________________ will act

Name of Contractor

affirmatively to develop avenues of entry and mobility for minorities, women, individuals with

disabilities, and Vietnam Era Veterans through the following activities:

Development of programmatic approaches to the elimination of all unjust exclusionary

employment practices, policies and consequences;

Development of educational and training programs for all employees, with emphasis on our

goals for upgrading minorities, women, individuals with disabilities and Vietnam Era

Veterans;

Development of personnel practices, policies and career ladders to assist and encourage

upward mobility of employees restricted to lower levels.

Development of mechanisms for swift and judicious resolution of complaints of

discrimination consistent with our policy, and other applicable statutes; and

Provision of reasonable accommodations to enable qualified individuals with disabilities to

enjoy equal employment opportunities and equal terms, conditions and privileges of

employment.

To effectuate this policy, we have designed a plan which conforms with all relevant Federal and

State non-discrimination laws and regulations including, but not limited to; The Civil Rights Act of

1964, as amended, the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act,

the Vietnam Era Veteran’s Readjustment Act of 1974, and the New York State Human Rights Law.

The plan applies to all job classifications and titles in the _________________________

Name of Contractor

jurisdiction it governs, all _________________________________________ employment policies

practices and Name of Contractor

actions including, but not limited to: recruitment, hiring, discipline, rate of pay or other

compensation, advancement, reclassification, reallocation, promotion, demotion, discharge and

employee benefits. I will see that the Affirmative Action Office is provided with all available

resources necessary for the execution of its program responsibilities. Moreover, all managers,

supervisors, and employees must make consistently diligent efforts to implement this policy in day-

to-day program and employment decisions. Affirmative Action considerations will be an integral

part of all organizational activities performed in the furtherance of our mission and in meeting our

responsibilities to the State’s citizens.

_______________________ __________________________________

Date Signature

county of oswego purchasing department 13-10 lodge zerbe se… · mbe/wbe solicitation and ......

Documents