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CITY OF ALBANY POLICE DEPARTMENT TRAFFIC ENGINEERING DIVISION REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES RFQ NO. 2021-01 PROPOSALS DUE: January 26, 2021 AT 12:00 NOON CITY OF ALBANY Center Square/Washington Park Roadway & Sidewalk Network Traffic Study CITY OF ALBANY January 4, 2021 ---PAGE BREAK--- 2 City of Albany, New York REQUEST FOR QUALIFICATIONS FOR THE PROVISION OF ENGINEERING SERVICES FOR: Center Square/Washington Park Roadway/Sidewalk Network Traffic Study RFQ NO. 2021-01 January 4, 2021 IMPORTANT NOTICE: A restricted period under the Procurement Lobbying Law is currently in effect for this Procurement and it will remain in effect until approval of the Contract. Bidders are prohibited from contact related to this procurement with any City of Albany employee other than the designated contacts listed below refer to: Designated Contacts for this Procurement: Primary Contact: Laura Gulfo, Esq. Secondary Contact: William Trudeau Jr. SECTION 1: PURPOSE 1.1 The City of Albany (hereinafter “the City”) hereby requests proposals from qualified engineering firms to provide professional engineering services related to the Center Square/Washington Park Roadway/Sidewalk Network Traffic Study. An initial Study Area Outline Map is included as attachment at end of this document. Minority Business Enterprises and Women's Business Enterprises are encouraged to submit proposals. 1.2 The Center Square & Washington Park areas has a mix of Residential, Governmental, Commercial, and Academic properties. This historic area of the City is vibrant and well established mix of owner occupied and rental residential properties. The businesses in the area are locally owned and operated neighborhood establishments. Center square roadways and sidewalks are narrow by today’s standards. Previous studies have identified the desire to increase sidewalk width to improve pedestrian access and allow more space for the businesses to expand seating outdoors. This movement has been established in other Cities and Towns across the County. The roadways in the Center Square neighborhood have a high AADT as they link to major travel ways of RT5, RT20, ---PAGE BREAK--- 3 RT9W and RT 443. The neighborhoods have a need to maintain parking for the residents (Resident Permit Parking System) Historic Washington Park has a Victorian character and feel but also carries a significant volume of motor vehicle and pedestrian traffic. Henry Johnson Boulevard is the main thoroughfare through Washington Park. This roadway is also a major emergency vehicle route to the area hospitals on New Scotland Avenue. 1.3 The roadways within the study area have not expanded or changed with the growth of traffic due to lack of right of way or desire not to change the character of the roadways from the small City feel to major collectors. The desire of the neighborhoods within the study area is to keep the feel of traveling through a neighborhood that is lively, vibrant and evolving. Traffic volumes have increased as the institutions adjacent to the study area have grown. The employees, students, and visitor/customers of the institutions are a mix of City residents and non-City residents that use various modes of transportation to reach their destination. This results in longer than typical peak travel periods with increases in traffic flow and in some cases travel speeds. The City has implemented traffic calming and pedestrian safety mitigation in portions of the study area with a desire to continue building on these improvements. As a result the City has determined that a traffic study is prudent and necessary to evaluate the changes and potential changes to the transportation system within the study limits. The study findings must include the desires of the residents, and commercial operators along with the property owners. The consultant must make recommendations for an overall study area roadway and sidewalk system that maximizes the use of the streets and sidewalks as desired by the residents, property owners, Business Improvement Districts, Washington Park Conservancy and Elected officials but does not adversely affect the level of service for overall transportation including emergency services. A complete streets approach to alternatives for the study area is desired from the prospective consultant. 1.4 The consultant shall as a task of the project provide recommendation for traffic flow on each of the study area roadways. Existing one way and two way designations shall be reviewed and may be modified to meet the study goals, overall traffic flow, and pedestrian safety. SECTION 2: PROJECT DESCRIPTION 2.1 The City of Albany requests proposals for the provision of professional engineering services for Center Square/Washington Park Roadway/ Sidewalk Network Traffic Study Albany, New York. 2.2 The selected Consultant or Consultant Team will be required to complete the scope of work as outlined below. However, please note that if based on the Consultant’s knowledge or experience, the consultant believes the required scope of work should be modified to allow for a better approach or product for the City, ---PAGE BREAK--- 4 the suggested changes should be outlined in the response to this RFQ. 2.2.1 The selected Consultant shall be familiar with the study area. As part of the procurement process, the selected Consultant will meet with City officials to establish, review and refine the study area and the final project scope along with other project tasks. The meeting will address key issues regarding the study area and establish the project scope parameters. Once the final study area and project scope is established a study cost proposal will be negotiated between the selected Consultant and City. Those submitting proposals understand that as part of this procurement process they agree to participate in the coordination of such scoping meeting and determination of the final project scope and cost and do so entirely at their own expense. There is no expressed or implied obligation by the City to reimburse any firm or individual for any costs incurred in participating in that first step of the project. 2.3 Once the final study area and project scope have been established, the selected Consultant shall: 2.3.1 Establish and maintain a project web site and project email address. All public project documents along with correspondence will be handled through these areas 2.3.2 Attend initial/internal kick off meeting with City officials held via a virtual platform following the applicable protocols for COVID-19. . 2.3.3 Facilitate a meeting with technical committee and/or select stakeholders held via a virtual platform following the applicable protocols for COVID-19. 2.3.4 Facilitate quarterly meetings with technical committee held via a virtual platform following the applicable protocols for COVID-19. 2.3.5 Facilitate quarterly stakeholder meetings held via a virtual platform following the applicable protocols for COVID-19. 2.3.6 Collect and Review existing roadway conditions and designations within the study area (including but not limited to traffic volumes for various modes, roadway width, travel lanes, parking areas, traffic flow, etc.); 2.3.7 Coordinate and facilitate interactive public meetings. The public meetings will be held via a virtual platform following the applicable protocols for COVID-19. Public meetings will include a brief introduction of the project and then public workshop to gather input from those in attendance. The workshop(s) shall gather likes, dislikes, weaknesses, and opportunities for the study area. This information will be used in the development of alternative/concepts for the study area and in the final report 2.3.8 Coordinate and facilitate a final Public Meeting outlining the conclusions and alternative/concepts developed for study area held via a virtual platform following the applicable protocols for COVID-19. 2.3.9 Conduct Traffic Counts (tube and turning movements); 2.3.10 Traffic Modeling and Traffic Forecasting; 2.3.11 Traffic Modeling of traffic impacts as a result of various special events held within this study area 2.3.12 Identify the issues from the residents and traveling public; 2.3.13 Develop alternative/concepts to address resident, motorist, pedestrian, bicyclist and public safety concerns with traffic flow and quality of life; ---PAGE BREAK--- 5 2.3.14 Meet with City on a bi-weekly basis during the study period; Additional meetings can be scheduled as needed at no additional cost to the City (virtual or in person to be determined) 2.3.15 Coordinate and attend meeting(s) with NYSDOT, CDTC and City regarding the upcoming Federal Aid projects on Lark Street and Henry Johnson Boulevard (virtual or in person to be determined) 2.3.16 Develop cost estimates for all alternative/concepts developed as part of this study; 2.3.17 Recommend potential funding sources for future construction projects as a result of the alternative/concepts developed; 2.3.18 Issue final report for the study; 2.4 Project Schedule: The City of Albany requests that the Study be completed by September 30, 2021. SECTION 3: RECEIPT OF PROPOSALS 3. Proposers may submit Proposals by hand delivery, mail, or electronic submission via BidNetDirect.com no later than 12:00 noon on January 26, 2021. If submitting by hand delivery or mail, three copies of the Proposal, accompanied by one copy on CD, must be received in a sealed envelope marked “Proposal Enclosed – Engineering Services – Center Square/Washington Park Roadway/Sidewalk Network Traffic Study” no later than 12:00 noon on January 26, 2021 at the following address (late proposals will not be accepted): City of Albany Office of Corporation Counsel 24 Eagle Street Albany, New York 12207 ATTN: Laura M. Gulfo, Esq. 3.1 The cost proposal shall be negotiated separately once the qualified firm is selected and scope is finalized. 3.2 Each proposal submitted will be the document upon which the City of Albany will make its initial judgment regarding each proposer's qualifications, methodology, and ability to provide the requested services. 3.3 Those submitting proposals do so entirely at their own expense. There is no expressed or implied obligation by the City to reimburse any firm or individual for any costs incurred in preparing or submitting proposals, preparing or submitting additional information requested by the City, or participating in any selection interviews. 3.4 Submission of any proposal indicates an acceptance of the conditions contained in this Request unless the submitted proposal clearly and specifically states otherwise. ---PAGE BREAK--- 6 3.5 The City of Albany reserves the right to accept or reject any and all proposals in whole or in part, to waive any and all informalities, require supplemental statements or information from any responsible party, negotiate potential contract terms with any respondent to this RFP, have discussions with any respondent to this RFP to correct and/or clarify responses which do not conform to the instructions contained herein and to disregard all non-conforming, non- responsive or conditional proposals. 3.6 The City of Albany reserves the right to award the work, in whole or in part, to one or more firms and individuals. 3.7 Any award of the consulting services work shall be conditioned on the later execution of a formal written contract. The City of Albany reserves the right to revoke or rescind any award at any time prior to the full execution of a formal written contract. 3.8 Respondents shall avoid submission of marketing materials. 3.9 All information submitted in response to this RFP is subject to the Freedom of Information Law (FOIL), which generally mandates the disclosure of documents in the possession of the City upon the request of any person unless the content of the document falls under a specific exemption to disclosure. SECTION 4: QUALIFICATIONS OF PROPOSER 4.1 Each proposer shall provide a statement of qualifications including: a. A brief history and description of the firm submitting the proposal. b. Identification of a project team manager or point of contact for all management issues. c. Identification of the firm’s professional staff members who will be assigned to this project if the firm's proposal is selected. Include a resume for each such professional staff member that details qualifications, years and types of experience, education, accomplishments, etc. Specify the extent of the availability and commitment of each such professional staff member who will be assigned to this project if the firm's proposal is selected. d. At least three references, including contact names, addresses, and telephone numbers. e. A signed cover letter from a person within the firm who is authorized to make representations on behalf of the firm and to bind the firm. f. A comprehensive description of the firm’s experience in similar projects. ---PAGE BREAK--- 7 g. Any additional information which would serve to distinguish the firm from other firms submitting proposals such as examples of work on projects similar to the project contemplated by this RFP, any special expertise or experience of the firm, etc. 4.2 The City of Albany may make such inquiries it deems necessary to determine the ability of each proposer to perform the services contemplated by this RFP. Proposers shall furnish all information and data subsequently requested by the City of Albany for this purpose. SECTION 5: SCOPE OF SERVICES 5.1 General: q Attend an initial scoping meeting with the City of Albany to review the project goals, objectives, and schedule as outlined in section 2 of this document q Conduct Traffic Study as outline in section 2 of this document 5.2 Contract Document Phase: q To Be Determined. City of Albany and Consultant may enter into a supplemental agreement as part of this project to design and prepare bid package documents should the City secure funding for a project that is a direct result of the work developed as part of this study. 5.3 Bid Phase: q To Be Determined. City of Albany and Consultant may enter into a supplemental agreement as part of this project to design and prepare bid package documents should the City secure funding for a project that is a direct result of the work developed as part of this study. 5.4 Contract Observation and Administration Phase: q To Be Determined. City of Albany and Consultant may enter into a supplemental agreement as part of this project for Contract Observation, Administration and Inspection should the City secure funding for a project that is a direct result of the work developed as part of this study. 5.5 Project Administration: This project will be administered by the City of Albany, Police Department, Traffic Engineering Division under the direction of William Trudeau Jr., Chief Supervisor of Traffic Engineering. Any questions concerning the project should be directed to William Trudeau Jr. at (518) 434-5791, or faxed to (518) 434-4315. E-mail to [EMAIL REDACTED] ---PAGE BREAK--- 8 5.6 Project Schedule: ü Proposal Submission………………..January 26, 2021 ü Executed Contract…………………..TBD ü Conduct Traffic Study ………………February through September 15, 2021 ü Issue Final Report …………………..October 1, 2021 5.7 Project Deliverables: The following deliverables shall be submitted to the City of Albany for review: 16 Traffic Study Three hard copy & one digital copy in PDF format. All project workup & documentation will become the property of the City of Albany and shall be delivered at the conclusion of the project. SECTION 6: WORK PROPOSAL 6. Address the Scope of Services referenced in Section 5 above, including a detail work plan and project approach that includes task definitions and methodology, milestones, and project schedule. SECTION 7: DESIGN DELEGATION 7.1 Unless noted otherwise, the selected proposer will be responsible for the Development of the Traffic Study and if agreed to by supplemental agreement, design and certification of all components of this project. Design delegation to a contractor of any component of this project is strictly prohibited without prior written consent from the City of Albany. It is critical that the Consultant takes complete responsibility for the design of the work and avoids delegation of design to others. 7.2 If the Consultant wants to delegate design, he/she will request in a letter to the Chief Supervisor of Traffic Engineering that delegation be authorized, explain specifically why for each case, and state that the work is ancillary to the project. The Chief Supervisor of Traffic Engineering will review the request and provide a written reply. 7.3 In all cases when design is delegated, the Consultant shall provide the layout, loading, performance requirements, geometry, referenced standards and all other design parameters required so the Contractor’s design professional is able to design the components or systems. The Consultant shall be responsible to review and approve the contractor's submittal for conformance with the design concept. SECTION 8: COST PROPOSAL 8.1 Cost proposal shall not be submitted in response to the RFQ. 8.2 Cost proposals will be established and offered to the City by the selected consultant after coordination of scoping meeting and determination of the final ---PAGE BREAK--- 9 project scope and cost. If the City and Consultant cannot come to an agreed upon scope and cost of the project, the City will inform the consultant in writing that the negotiations have ended and provide the reasons for termination. The City will then begin negotiations with the next qualified Consultant. This process will repeat with firms until scope and fees are finalized. Those submitting proposals understand that as part of the procurement process they agree to participate in the coordination of scoping meeting and determination of the final project scope and cost and do so entirely at their own expense. There is no expressed or implied obligation by the City to reimburse any firm or individual for any costs incurred in participating in that first step of the project. SECTION 9: CONTRACT 9. The selected proposer(s) will be required to execute a contract with the City of Albany. A sample City of Albany Professional Services Agreement has been included with this RFQ. Payment for services will be paid through a City of Albany Purchase Order issued by the City’s Purchasing Department. All Pay request will be sent directly to the City of Albany Police Department, Traffic Engineering Division for consideration and submission for payment SECTION 10: PROPOSAL EVALUATION 10.1 Proposals shall remain valid until the execution of a contract by the City of Albany or December 31, 2021, whichever comes first. 10.2 Proposals shall be examined and evaluated by the City of Albany to determine whether each proposal meets the requirements of this RFQ. The City of Albany will select the most highly qualified firm/team according to the criteria listed in order of decreasing importance: v Understanding of work to be completed as part of the Traffic Study v Experience with similar kinds of projects v Quality of Staff/Team for work to be done v Logistics and Familiarity with the project area 10.3 The selection of a proposal will not be based solely on a monetary evaluation. Considerable weight will be given to experience in the areas required and the track record of the proposer(s). SECTION 11: ALTERNATIVES 11. Proposals may include alternative matters or items not specified or requested in this RFQ. However, all such alternatives matters or items must be listed separately from the proposal and the cost(s) thereof must be separate and itemized. ---PAGE BREAK--- 10 SECTION 12: INDEMNIFICATION 12. The selected proposer will be required to defend, indemnify, and save harmless the City of Albany, its employees and agents, from and against all claims, damages, losses and expenses (including without limitations, reasonable attorney’s fees) arising out of, or in consequence of, any negligent or intentional act or omission of the selected proposer, its employees or agents, to the extent of its or their responsibility for such claims, damages, losses, and expenses. SECTION 13: CLARIFICATION 13.1 All inquiries with respect to this Request shall be directed to the following addresses: For public procurement process clarifications: Laura Gulfo Assistant Corporation Counsel Department of Law City Hall, Room 106 24 Eagle Street Albany, New York 12207 (518) 434-5050 [EMAIL REDACTED] For project specific clarifications: Att: William Trudeau Jr. Albany Police Department Traffic Engineering Division 10 N. Enterprise Drive Albany, New York 12204 Tel.: (518) 434-5791 Fax: (518) 434.4315 Email: [EMAIL REDACTED] 13.2 All questions about the meaning or intent of the specifications shall be submitted in writing. Replies will be posted via the City’s website: http://www.albanyny.gov/NewsandEvents/RFPs.aspx along with the electronic version of this RFP. Questions received less than three business days prior to the date of submission of proposals will not be answered. Only questions answered by formal written Addenda will be binding. Oral or other interpretations or clarifications will be without legal effect. 13.3 In addition, any changes, additions or deletions to this RFP will also be posted on the City’s website: http://www.albanyny.gov/NewsandEvents/RFPs.aspx, along with the electronic version of this RFP. Respondents are urged to check the City’s website frequently for notices of any clarification of or changes, additions, or ---PAGE BREAK--- 11 deletions to this RFP. OTHER THAN THE CONTACT IDENTIFIED ABOVE, PROSPECTIVE RESPONDENTS SHALL NOT APPROACH THE CITY’S EMPLOYEES DURING THE RESTRICTED PERIOD OF THIS RFP PROCESS ABOUT ANY MATTERS RELATED TO THIS RFP OR ANY QUALIFICATIONS SUBMITTED PURSUANT THERETO. SECTION 14: MODIFICATION AND WITHDRAWAL OF PROPOSALS 14.1 Proposals 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 opening of proposals. 14.2 If within twenty-four (24) hours after the proposals are opened, any proposer files a duly signed written notice with the City and thereafter demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of its proposal, that proposer may withdraw its proposal and the proposal security will be returned. Thereafter, that proposer will be disqualified from further proposal on the work. SECTION 15: INSURANCE AND SECURITY REQUIREMENTS 15.1 The selected proposer will be required to procure and maintain at its own expense the following insurance coverage: Workers' Compensation and Employer’s Liability Insurance: Must show evidence of Worker’s Compensation insurance at State statutory limits, a policy or policies providing protection for employees in the event of job- related injuries. Commercial General Liability Insurance: A policy or policies of comprehensive general liability insurance of general liability limits of $1,000,000 per occurrence/$2,000,000 aggregate; Excess/Umbrella Insurance: A policy or policies of insurance with limits of $2,000,000 per occurrence/$2,000,000 aggregate. Errors and Omissions Insurance: A policy or policies of errors and omissions insurance with limits of not less than one million dollars ($1,000,000.00). Automobile Liability Insurance: In the event that Respondent is using a vehicle in business, a policy or policies of comprehensive automobile liability insurance with limits of not less than $1,000,000 for each accident ---PAGE BREAK--- 12 because of bodily injury, sickness, or disease, including death at any time, resulting therefrom, sustained by any person caused by accident; and a policy or policies with limits of not less than $1,000,000 for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance, or use of any vehicles including owned, non-owned and hired. Pollution Liability Insurance: A policy or policies of pollution liability insurance of liability limits of two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate; 15.2 Each policy of insurance required shall be in form and content satisfactory to the City of Albany, and shall provide that: The City of Albany is named as additional insured on a primary and non-contributing basis The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the City of Albany Corporation Counsel’s Office The insurance policies shall be automatically renewed upon expiration and continued in force unless the City of Albany Corporation Counsel’s Office is given sixty (60) days written notice to the contrary. 15.3 No work shall commence under the contract until the selected proposer has delivered to the City of Albany or its designee proof of issuance of all policies of insurance required by the Contract to be procured by the selected proposer. If at any time, any of said policies shall be or become unsatisfactory to the City, the selected proposer shall obtain a new policy and submit proof of insurance of the same to the City for approval. Upon failure of the selected proposer to furnish, deliver, and maintain such insurance as above provided, the contract may, at the election of the City, be declared suspended, discontinued or terminated. Failure of the selected proposer to procure and maintain any required insurance shall not relieve the selected proposer from any liability under the contract, nor shall the insurance requirements be constructed to conflict with the obligations of the selected proposer concerning indemnification. SECTION 16: NON-COLLUSIVE PROPOSAL CERTIFICATE & ACKNOWLEDGMENT: 16. Each proposer shall complete and submit with the proposal the “Non-Collusive Proposal Certificate” and the “Acknowledgment” found at the end of this RFP. SECTION 17: PROCUREMENT FORMS AND REQUIREMENTS: 17.1 Additional requirements for this RFP are described below. Relevant statements, where required to be submitted, must be executed and included in the submission in the following order: 1. Iran Divestment Act Statement, 2. Non-Discrimination and ---PAGE BREAK--- 13 Diversity Requirements. 17.2 Iran Divestment Act: By submission of a bid in response to this Bid request, “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 paragraph of subdivision 3 of section 165-a of the State Finance Law.” The list in question is maintained by the New York State Office of General Services. For further information and to view this list please go to: If in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. A political subdivision may award a bid to a bidder who cannot make the certification pursuant to paragraph of N.Y. General Municipal Law § 103-g on a case-by-case basis. 17.3 Non-Discrimination and Diversity Requirements: Pursuant to Federal laws and regulations, the New York State Executive Law Article 15-A and the City of Albany General Code Chapter 48, Article III Omnibus Human Rights Law, the City recognizes its obligation under the law to prevent discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency and to promote opportunities for maximum feasible participation of certified minority-and women- owned business enterprises and the employment of minority group members and women in the performance of City contracts. In furtherance of these rules and principles, the City of Albany highly encourages the participation of certified minority- and women–owned business enterprises (“MWBE”) at the City’s goal levels and the employment of minority groups’ members and women in the performance of its contracts. The City of Albany hereby notifies all Consultants submitting a proposal that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in consideration for award. Further, by submission of a bid in response to this Bid request, 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: “The respondent/contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or ---PAGE BREAK--- 14 domestic partner, or English proficiency in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The respondent/contractor will not participate directly or indirectly in the discrimination prohibited by the federal, state and local laws and regulations, including employment practices. In all solicitations, either by competitive bidding, or negotiation made by the respondent/contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the respondent/contractor of the respondent/contractor’s obligations under this Statement and the federal, state and local laws and regulations relative to Non-discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency.” 17.4 Living Wage: When providing the services contemplated by this RFP, the entity/firm must comply with section 42-161 of the City of Albany Code, which requires payment of a living wage to all of the entity/firm’s employees working on the service contract. A Living Wage Compliance Form must be completed and submitted with each proposal. SECTION 18: SUBMISSION REQUIREMENTS: 18.1 All Proposers shall be required to submit a complete proposal. As outlined in this RFP, all proposals shall include the following: a. Statement of Qualifications as outlined in Section 3. b. Work Proposal as outlined in Section 6. c. Cost Proposal as outlined in Section 7. d. Non-Collusive Proposal Certificate and Acknowledgment Form as outlined in Section 16 e. An acknowledgment of understanding that by submitting a bid the proposer certifies under penalty of perjury the above Iran Divestment Act statement, as outlined in Section 17.2 and the Non-Discrimination and Diversity statement, as outlined in Section 17.3. f. Living Wage Compliance Form as outlined in Section 17.4. 18.2 Failure to include all of the above items may result in the proposal being considered nonresponsive. ---PAGE BREAK--- 15 NON-COLLUSIVE PROPOSAL CERTIFICATE PURSUANT TO New York STATE GENERAL MUNICIPAL LAW SECTION 103-D By submission of this proposal, each proposer and each person signing on behalf of any proposer 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: The prices in the 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 proposer or with any competitor; Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to the opening, directly or indirectly, to any other proposer or to any competitor; and No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (date) (signature) (printed name and title) ---PAGE BREAK--- 16 NON-COLLUSIVE PROPOSAL CERTIFICATE PURSUANT TO NEW YORK STATE GENERAL MUNICIPAL LAW SECTION 103-D By submission of this proposal, each proposer and each person signing on behalf of any proposer 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: The prices in the 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 proposer or with any competitor; Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to the opening, directly or indirectly, to any other proposer or to any competitor; and No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (Signature) (Print Name and Title) (Name of Partnership or Corporation) (Date) ---PAGE BREAK--- 17 ACKNOWLEDGMENT BY PROPOSER If Individual or Individuals: STATE OF ) COUNTY OF ) SS.: On this day of 2021, before me personally appeared to me known and known to me to be the same person(s) described in and who executed the within instrument, and he/she/they severally acknowledged to me that he/she/they executed the same. Notary Public, State of Qualified in Commission Expires If Corporation: STATE OF ) COUNTY OF ) SS.: On this day of 2021, before me personally appeared to me known, who, being by me sworn, did say that he/she is the (give title) of the (name of corporation) the corporation described in and which executed the above instrument; that he/she knows the seal of the corporation, and that the seal affixed to the instrument is such corporate seal; that it was so affixed by order of the board of directors of the corporation, and that he/she signed his/her name thereto by like order. Notary Public, State of Qualified in Commission Expires If Partnership: STATE OF ) COUNTY OF ) SS.: On this day of 2021, before me personally came to me known to be the individual who executed the foregoing, and who, being duly sworn, did depose and say that he/she is a partner of the firm of and that he/she has the authority to sign the same, and acknowledged that he/she executed the same as the act and deed of said partnership. Notary Public, State of Qualified in Commission Expires ---PAGE BREAK--- 18 Living Wage Compliance City Code § 42-161 requires a living wage be paid to employees by any contractors awarded a contract by the City primarily for furnishing services to or for the City (excluding the purchase of goods or other property, the leasing of property or the development, redevelopment or rehabilitation of real property) and that involves an expenditure by the City to the contractor of at least $20,000, or the retention by the contractor of fees of at least $30,000, during a period of one year. The current Living Wage, as defined by the ordinance is as follows: If at least 70% of health care benefits are covered by employer: $13.36 Other: $15.52 Pursuant to the law, every proposal shall include a written commitment by the applicant to pay all covered employees a living wage and shall include a list of job titles and wage levels of all covered employees. Please provide titles and wage levels below for each employee who directly expends his/her time on a contract with the City. Company Name: Job Title Wage Range By signing below you are agreeing to pay all covered employees a Living Wage as set forth above for the duration of the contract with the City. Title: Date: (name of firm) Office Use Only Contract No: Dates: ---PAGE BREAK--- Appendix A Approximate Traffic Study Area Map ---PAGE BREAK--- Study Area N Lake Ave Western Ave Washington Ave Washington Ave Dove St S. Swan St Henry Johnson Blvd Center Square/Washington Park Roadway & Walkability Network Study