Document Albany_doc_7022fa7fb0

1 CITY OF ALBANY DEPARTMENT OF PLANNING & DEVELOPMENT REQUEST FOR PROPOSALS FOR THE PROVISION OF HUDSON RIVER SHORELINE STABILIZATION STUDY PROPOSALS DUE: OCTOBER 1, 2019 AT 2:00 PM RFP 2019-28 SEPTEMBER 9, 2019 ---PAGE BREAK--- 2 City of Albany, New York REQUEST FOR PROPOSALS FOR THE PROVISION OF HUDSON RIVER SHORELINE STABILIZATION STUDY Proposal Number 2019-28 September 9, 2019 IMPORTANT NOTICE: A restricted period is currently in effect for this Procurement and it will remain in effect until approval of the Contract. Proposers 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: For Project Specific Clarifications: Yasmine Robinson For Public Procurement Process Clarifications: Sarah A. Valis, Esq. SECTION 1: PURPOSE The City of Albany is seeking qualified firms or individuals (hereafter referred to as the Consultant) to conduct a shoreline study along the City of Albany’s riverfront. This project is made possible through funding from the New York State Environmental Protection Fund, Hudson River Estuary Program of the New York State Department of Environmental Conservation (Grant Number DEC01- T00645GG-3350000). The purpose of this study is to develop a report that assesses the condition of the shoreline, evaluates shoreline alternatives, recommends potential shoreline stabilization systems, and identifies costs and possible funding sources in order to aid future implementation. The City of Albany provides equal employment opportunity. Minority Business Enterprises and Women's Business Enterprises are highly encouraged to submit proposals. 1.1 Study Area The study area encompasses the Hudson River Shoreline and Corning Riverfront park tidal ponds, and is bounded by the centerline of the Hudson River to the east, Island Creek Park to the south, the Village of Menands to the north, and connections such as 9W, Quay Street and Broadway to the west. A Study Area map is included in Appendix A-1 and Appendix A-2. The City of Albany has 4.6 miles of river frontage, spanning from the Riverfront Preserve to the Port of Albany. The Riverfront Preserve has natural, wooded landscape which transitions to a 15 ---PAGE BREAK--- 3 acre multi-use park. The Corning Riverfront Park contains two tidal ponds, boat launch area, festival space, picnic areas, a playground and multi-use paths. Adjacent to the park, New York State operates a pump station. South of Corning Riverfront Park, the USS Slater and the Dutch Apple Cruise lines dock at Broadway and Quay Street. The adjoining land uses transition to a mix of light industrial, storage and other marine related uses. Further south, the Island Creek Park provides public access for fishing and has picnic areas. The Port of Albany, located on the south side of the study area, contains 20 Acres of open storage and 300,000 square feet of warehouse storage, along with on dock rail for loading directly onto ships. The Port of Albany is excluded from the project area for the purposes of this study. Recommendations from this study will inform the reassessment of the Corning Riverfront Park Master Plan, Local Waterfront Revitalization Plan, and increase access and the range of opportunities that the riverfront has to offer. SECTION 2: RECEIPT OF PROPOSALS: 2.1 One original and Ten (10) bound paper copies and One electronic copy in Portable Document Format (PDF) of the Proposal must be received in a sealed envelope marked “Proposal Enclosed – Hudson River Shoreline Stabilization Study” no later than October 1, 2019 at 2:00 pm at the following address: Sarah A. Valis, Esq. Assistant Corporation Counsel City Hall - Room 106 24 Eagle Street Albany, New York 12207 The electronic copy requested must be provided via USB. 2.2 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. 2.3 Those submitting proposals do so entirely at their own expense. There is no express or implied obligation by the City to reimburse any entity, 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. 2.4 Submission of any proposal indicates an acceptance of the conditions contained in this Request for Proposals unless the submitted proposal clearly and specifically states otherwise. ---PAGE BREAK--- 4 2.5 The City 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. 2.6 The City of Albany reserves the right to award the services, in whole or in part, to one or more entities, firms and/or individuals. 2.7 Any award of the services 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. 2.8 Respondents shall avoid submission of marketing materials. 2.9 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 3: QUALIFICATIONS OF PROPOSER: 3.1 Each proposer shall provide a maximum 10 pages (any resumes included) statement of qualifications including: 1. A brief history and description of the entity/firm submitting the proposal. 2. Identification of the entity/firm's professional staff members who will be assigned to this engagement if the entity/firm's proposal is selected. Include summarized information regarding the professional staff members detailing qualifications, years and types of experience, education, licensure, certifications, accomplishments, etc. Specify the extent of the availability and commitment of each such professional staff member who will be assigned to this engagement if the firm's proposal is selected. Specify a project manager and contact person to coordinate the services for the City of Albany. 3. Proof proposer at all times obtains and maintains all licenses required by Federal, State and Local Laws to perform the services contemplated by this Agreement. 4. At least three references, including addresses and telephone numbers. 5. A signed cover letter from a person within the entity/firm who is authorized to make representations on behalf of the firm and to bind the entity/firm. ---PAGE BREAK--- 5 6. A summary of the entity/firm's general experience in providing consultancy services for shoreline stabilization services to municipalities of the same or similar employment size as the City of Albany. 8. Any additional information which would serve to distinguish the entity/firm from other entities/firms submitting proposals. 3.2 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 for this purpose as may be subsequently requested by the City of Albany. SECTION 4: SCOPE OF SERVICES: The Hudson River Shoreline Stabilization Study will be led by a project team comprising of staff from the Department of Planning and Development and other pertinent City of Albany departments. In addition to the specific services detailed below, the Consultant shall facilitate the team meetings/conference calls, record meeting minutes detailing all items discussed, materials distributed, and the understandings or agreements reached, and the next steps. It shall be the Consultant’s responsibility to provide timely invoicing and reporting of project progress. In addition to the hard copies requested, an electronic copy of all tangible materials must be provided with a list of titles of all products being submitted; including reports, maps, photographs, educational materials, feasibility studies, lists of dates/sites for outreach programs, and the number of people who attended. All data provided should incorporate applicable metadata. Databases should be in electronic format. Electronic copies may be submitted via email or on a thumb drive. GIS data should be provided electronically and must include metadata (e.g. creation date, author, contact information, source, attribute details, restrictions, etc.). At minimum, the project will include the following tasks and plan elements: 4.1 Task One: Project Kick-Off A. Meeting with applicable stakeholders from the City departments: The Consultant shall develop and obtain desired outcomes for the project area. The scope of work, project goals and objectives, key milestones, refined scope of work and project schedule will be reviewed and finalized at this meeting. B. Meeting with the Hudson River Estuary Staff: This meeting will provide technical assistance as the Department of Planning and Development plans this project in conjunction with the New York State Department of Environmental Conservation. ---PAGE BREAK--- 6 C. Initial Site Visit: The Consultant and the project advisory team shall examine the study area at different times of day; by walking, boating, and driving to better understand the variances. The boat ride will also allow for the shoreline to be accessed for stabilization, the aesthetic of it currently, and allow for the project team to better understand the ecosystem that this project will be a part of. Deliverables: 1. Determination of the scope of work, project goals and objectives, key milestones, and project schedule for the Hudson River Shoreline Stabilization Study. 2. Establish the Project Advisory Committee, comprised of stakeholders from various departments of the City, for co-ordination of all future meetings with the City. 3. Site visit, preliminary evaluation and understanding of shoreline accessibility, stabilization, existing aesthetic and ecosystem; in keeping with the requirements listed above. The methodology for data collection will be developed in conjunction with the project team. 4. Provide written minutes and/or summary of all the meetings held. 4.2 Task Two: Existing Site Evaluation, Document Review and Technical Investigations A. Assessing assets, constraints, and characteristics of the study area: The Consultant will undertake site visits to document/ compile the existing conditions of the study area and determine possible shoreline designs. The information collected will be used to determine topography, location and size of utilities, history of site, and any other useful information. B. Soil Identification: Hand auger samples will be collected for visual soil identification and the Consultant will research the depths along the shoreline. C. Habitat Evaluation: A habitat evaluation will be conducted of the study area to determine appropriate shoreline stabilization designs. This will take into consideration all habitat features for enhancement, mitigation, and feasible approaches to minimize impacts. D. Resource area assessment and mapping: A full resource area assessment and mapping; outlining areas that will be completed and used in future phases of permitting. This evaluation will help determine the constraints and permitting requirements moving forward. Deliverables: 1. Existing Site Evaluation: The Consultant shall identify and map the characteristics of the site and determine designs that are best for stabilization of the shoreline ---PAGE BREAK--- 7 along the riverfront. Designs will take into account current shoreline conditions, aesthetics, existing vegetation, and access to the waterway. The full contextual site analysis will include historical data, regional recreational uses, overall and regional watershed mapping, and other relevant features. 2. Document Review - Detailed information will be compiled about the study area; including but not limited to concepts form the past studies. This data will serve as a base for the feasibility study and shall be used to construct schematic design scenarios. The Consultant shall collect all documents required to determine topography, location and size of utilities and, any other information available from NYS DEC and the Army Corp of Engineers, etc. 3. Technical Analysis - The Consultant shall collect hand auger samples for visual soil identification and will research the depths along the shoreline. The structural design of the existing shoreline will be examined to determine necessary and appropriate improvement based on the samples. 4. Habitat Evaluation - A habitat evaluation will be conducted of the study area and will serve as guidance to determine appropriate shoreline stabilization and breakwater design. The habitat evaluation will analyze existing upland, shoreline, and river bottom areas and identify the plant and animal species that inhabit the area. The Consultant shall take into consideration all possible habitat features for enhancement, mitigation, and approaches to minimize the impact of proposed site design. 5. Resource Area Evaluation - The Consultant shall undertake a full resource area assessment and mapping; outlining areas that will be completed and used in future phases of permitting. This evaluation will detail possible project constraints and permitting issues faced by the City staff during project implementation. 4.3 Task Three: Project Development and Planning Meeting #1 A. Project Advisory Committee Meeting: The Consultant shall co-ordinate a meeting with the project stakeholders and present the findings of the site evaluation/assessment to the Advisory Committee. B. Inter-Agency Stakeholder Coordination Meeting: The consultant shall conduct another meeting with representatives from the City, the Department of Planning & Development, the Hudson River Estuary Staff and involved local, state and federal agencies such as NYS DEC, NYS DOS and the Army Corp of Engineers. Inter- agency coordination is critical to ensure successful and timely completion of the project. ---PAGE BREAK--- 8 Deliverables: 1. Project Advisory Committee Meeting - The Consultant shall facilitate the discussion of their findings and gather feedback from to the project team. It is the Consultant’s responsibility to provide all necessary education material to enable the project team better understand the study evaluation/assessment/impacts. 2. Inter-Agency Coordination - The Consultant shall conduct another meeting with representatives from the City, the Department of Planning & Development, the Hudson River Estuary Staff and involved local, state and federal agencies such as NYS DEC, NYS DOS and the Army Corp of Engineers. All recommendations, suggested changes and queries should be noted and responded to in a timely manner to ensure that all stakeholder expectations are met. 3. Written minutes and/or summary of all meetings. 4.4 Task Four: Project Development and Planning Meeting #2 A. Design Development Survey: Based on the feedback from the first Inter-Agency Coordination Meeting and Project Development and Planning Meeting, the Consultant shall conduct a design development survey. The survey will be distributed to stakeholders and used to gain a better understanding of the desired vision for the project. The survey will include the different types of technical approaches, aesthetics options, materials, maintenance and functionality of potential projects. B. Design Workshop: The Consultant shall conduct a design workshop which will be used to define the goals and proposed improvements that the project will cover. Some of the things that will be defined and addressed at this workshop will include the various user groups of the waterway and park, potential uses once the shoreline is stabilized, community needs and further development goals of the Corning Riverfront Park and LWRP. This understanding will help determine the best approach for the design development. Deliverables: 1. Project Design Development Survey 2. Stakeholder Workshop - The workshop will be used to define goals and proposed improvements that the project will cover. The Consultant shall provide examples of suggested improvements based upon solicited feedback and best practices applied in similarly situated shoreline revitalization initiatives. 3. Written minutes and/or summary of all meeting should be held. ---PAGE BREAK--- 9 4.5 Task Five: Project Development and Planning Meeting #3 A. Design Development: Based on previous meetings and what has been collected, a design development for each of the potential projects outlined in the study will be completed. A map of the site will be prepared and renderings and different perspectives will be developed to show key components, design, and requirements for all proposed projects. Renderings and different perspectives will be also developed to show key components, design, and requirements for all proposed projects. The Consultant shall also provide a tiered recommendation for all necessary and desired improvements. This should include an analysis of all the permitting requirements, as well as inter-agency reviews required for each conceptual design recommendation. The Consultant shall develop the overall strategy for each concept; considering maintenance schedules, ownership methods, permitting, or public/private partnerships or agreements that would facilitate the realization of any proposed alternative. B. Cost Estimates: Preliminary cost estimates will be developed for all proposed projects to allow for all options to be adequately explored by the City. The Consultant shall develop a matrix and identify the sources of funding projected to allow for the implementation of the desired improvements, plans, protocols and procedures. C. Inter-agency Coordination: The Consultant will facilitate another separate meeting with the project team and representatives from the City, Department of the Planning and Development, the Hudson Estuary and involved local, state and federal agencies such as NYS DEC, NYS DOS and the Army Corp of Engineers. This meeting will discuss the design development plans. Deliverables: 1. Design Development /Package - The package will be circulated to the project team for review. The Consultant shall document the feedback received and incorporate the changes/recommendations in the revised design package, with the updated cost estimation. 2. Cost Estimation: A detailed narrative should be provided explaining how the cost estimates were developed. 3. Inter-agency Coordination: Written minutes and/or summary of the meeting should be held 4. Concept Review Meeting - Once the draft design development has been revised to reflect the changes/recommendations from the project team, the Consultant shall ---PAGE BREAK--- 10 facilitate a concept review meeting so as to discuss the updates to the design development package and the cost estimation. 4.6 Task Six: Environmental Quality Review A. Environmental Quality Review: The Consultant, in conjunction with the City Staff, will fill out the long Environmental Assessment Form (EAF) for the study in accordance with the State Environment and Quality Review Act (SEQRA). The Consultant shall assist the lead agency in drafting the Determination of Significance. Deliverables: 1. Draft report of the Determination of Significance. 4.7 Task Seven: Project Planning and Development Meeting #4 A. Draft Report Review Meeting: Once first three Project Planning Development Meetings, all Inter-Agency Meetings and the Environmental Quality Review is completed, the Consultant shall compile a draft report comprising of findings from the study, assessments, possible project designs and, a tiered implementation schedule of the recommended improvements, protocols and procedures for the riverfront. This should include an analysis of all the permitting requirements, as well as inter-agency reviews required for each conceptual design recommendation. The Consultant shall also develop the overall strategy for each concept; considering maintenance schedules, life expectancy of products, ownership methods, permitting, or public/private partnerships or agreements that would facilitate the realization of any proposed alternative. The draft report will be submitted to the project team for distribution. The Consultant shall facilitate a Draft Report Review Meeting to explain the conceptual designs and seek feedback from the project team. B. Updated Report: The Consultant shall incorporate all feedback/changes received from the project team. This revised report shall be posted on the City’s website for the public information meeting. Deliverables: 1. Draft Report - The draft report will be submitted to the City for distribution and feedback. 2. Draft Report Review Meeting - The Consultant shall facilitate a meeting to discuss the report. Based on this meeting, necessary revisions will be made to the draft. The updated report shall be posted on the website prior to the public information meeting. ---PAGE BREAK--- 11 4.8 Task Eight: Public Information Meeting A. The Consultant shall facilitate an interactive meeting that will allow community members to review the report and design. The Consultant will ensure that the community members are able to give feedback and ask questions. B. The Consultant shall discuss the existing condition of the shoreline, the opportunities and constraints of the riverfront, display schematic designs and proposed vision/design concepts for the site. Deliverables: 1. Interactive Public Meeting 4.9 Task Nine: Final Report A. Final Report: Once the public meeting has been concluded, the Consultant shall coordinate with the project team for one final round of revisions based on feedback from the public meeting. The discussed changes will be incorporated in the Final Report. Once the Final Report is completed it will be submitted to the City. The Final Report needs to meet the requirements by the project team and be accepted by the NYS Department of Environmental Conservation to qualify for project completion. Deliverables: 1. Final Report - A summary of the public/stakeholder input should be annexed to the report. 2. Completed SEQRA documents. 3. Supplemental Material to be submitted by the Consultant shall comprise of the below : a. All materials developed, including any educational material, feasibility studies and reports, lists of dates/sites for outreach programs, drawings, maps, sketches, or photographs. All data provided should incorporate applicable metadata. Original sketches and electronic file copies to be included. Electronic versions shall include both native file formats and Portable Document Format (PDF). All photographs should be labeled and keyed to map, with orientation shown. Databases should be in electronic format. Electronic copies may be submitted via email or on a thumb drive. b. A final boundary map, with boundaries highlighted in yellow, must be provided. Also include, an as-built and/or as- acquired site map . These items may be prepared on one map. GIS data should be provided ---PAGE BREAK--- 12 electronically and must include metadata (e.g. creation date, author, contact information, source, attribute details, restrictions, etc.). c. All documents, drawings, specification, related to concept, design development, and final design with appropriate engineering, architecture or landscape stamp as required. d. Cost estimations developed throughout the process, as well as a narrative detailing how each cost estimate was developed. SECTION 5: TERM OF CONTRACT: 5.1 The contract period for the service contemplated by this RFP is one year, commencing upon the execution of a contract and expiring on November 30, 2020. The City reserves the right to extend the agreement upon budget and NYSDEC Grant approval. 5.2 The selected proposer(s) will be required to execute a contract with the City of Albany. A sample City of Albany Professional Services Agreement is available upon request. The City of Albany will have the right to terminate the contract at any time, with or without cause, upon thirty (30) days written notice. SECTION 6: COST PROPOSAL: 6.1 Please provide a cost proposal for providing all of the services referenced above. 6.2 Clearly set forth in detail any and all additional expenses for which you expect to be reimbursed. The proposal must, however, provide a guarantee that no additional fees will be charged to the City of Albany without prior written consent by the City. 6.3 The total budget for the Hudson River Shoreline Stabilization Study is $51,000; proposals shall not exceed the budget. This project is made possible through funding from the New York State Environmental Protection Fund through the Hudson River Estuary Program of the New York State Department of Environmental Conservation (Grant Number DEC01-T00645GG- 3350000). The NYSDEC contract amount is $42,000. The overall goal for MWBE Participation is 30% of the NYSDEC contract amount. The MWBE project goal is $12,600. SECTION 7: PROPOSAL EVALUATION: 7.1 Proposals shall remain valid until the execution of a contract by the City of Albany. ---PAGE BREAK--- 13 7.2 Proposals shall be examined and evaluated by the Corporation Counsel's Office and the Department of Planning & Development to determine whether each proposal meets the requirements of this RFP. A recommendation will be made to the Mayor for a contract award based on the following criteria: * Proposer’s demonstrated capabilities, professional qualifications, and experience in providing the Hudson River Shoreline Stabilization Study. * The wherewithal of the proposer(s) to render the requested services to the City in a timely fashion. * Total proposed cost. * Completeness of the proposal. * Ability to meet the City’s MWBE participation goals of 30% 7.3 The selection of a proposal will not be based solely on a monetary evaluation. Considerable weight will be given to the experience in the areas required and the track record of the proposer(s). SECTION 8: ALTERNATIVES: 8.1 Proposals may include alternative matters or items not specified or requested in this RFP. However, all such alternatives matters or items must be listed separately from the proposal and the cost(s) thereof must be separate and itemized. SECTION 9: INDEMNIFICATION: 9.1 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 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 10: SPECIFICATION CLARIFICATION: 10.1 All inquiries with respect to this Request for Proposals shall be in writing directed to the following address: For project specific clarifications: Yasmine Robinson Deputy Director Department of Planning & Development 200 Henry Johnson Boulevard Albany, New York 12210 Phone: (518) 465-6060 E-mail:.….. [EMAIL REDACTED] ---PAGE BREAK--- 14 For public procurement process clarifications: Sarah A. Valis, Esq. Assistant Corporation Counsel Department of Law City Hall, Room 106 24 Eagle Street Albany, New York 12207 Phone: (518) 434-5050 E-mail: [EMAIL REDACTED] 10.2 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 four 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. 10.3 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 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 11: MODIFICATION AND WITHDRAWAL OF PROPOSALS: 11.1 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. 11.2 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 12: INSURANCE AND SECURITY REQUIREMENTS: 12.1 The selected proposer will be required to procure and maintain at their own expense the following insurance coverage: ---PAGE BREAK--- 15 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 (CGL): A policy or policies of comprehensive general liability insurance of general liability limits of $1,000,000 per occurrence/$2,000,000 aggregate; Errors and Omissions/ Professional Liability Insurance: A policy or policies of errors and omissions insurance with limits of not less than one million dollars ($1,000,000.00). Said insurance must be issued by an insurer licensed to do business in the State of New York and must have an A.M. Best rating of not less than Excess/Umbrella Insurance: A policy or policies of insurance with limits of $2,000,000 per occurrence/$2,000,000 aggregate. 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 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 automobiles, including owned, non-owned and hired. 12.2 Each policy of insurance required shall be in form and content satisfactory to the Corporation Counsel, and shall provide that: The City of Albany is named as an additional named 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. 12.3 No work shall be commenced under the contract until the selected proposer has delivered to the Corporation Counsel or his 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, this Contract may, at the election of the City, be forthwith declared suspended, discontinued or terminated. Failure of the selected proposer to ---PAGE BREAK--- 16 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 13: NON-COLLUSIVE PROPOSAL CERTIFICATE AND ACKNOWLEDGMENT: 13.1 Each proposer shall complete and submit with its, his, or her proposal the “Non- Collusive Proposal Certificate” and the “Acknowledgment” found on the two pages which follow this page. SECTION 14: PROCUREMENT FORMS AND REQUIREMENTS: 14.1 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 and 2. Non-Discrimination and Diversity Requirements. 14.2 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: http://www.ogs.ny.gov/about/regs/ida.asp.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 a of N.Y. General Municipal Law § 103-g on a case-by-case basis. 14.3 Non-Discrimination and Diversity Requirements: As per requirements from NYS, the City’s overall goal for MWBE Participation is 30% of the NYSDEC contract amount. 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 ---PAGE BREAK--- 17 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 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.” 14.4 Living Wage: When providing the services contemplated by this RFP, the entity must comply with section 42-161 of the City of Albany Code, which requires payment of a living wage to all its employees working on the service contract. A Living Wage Compliance Form must be completed and submitted with each proposal. SECTION 15: SUBMISSION REQUIREMENTS: 15.1 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) Cost Proposal as outlined in Section 6. C) Non-Collusive Proposal Certificate and Acknowledgment Form as outlined in Section 13 ---PAGE BREAK--- 18 D) 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 14.2 and the Non-Discrimination and Diversity statement, as outlined in Section 14.3. E) Living Wage Compliance Form as outlined in Section 14.4. 15.2 Failure to include all of the above items may result in the proposal being considered nonresponsive. ---PAGE BREAK--- 19 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) (name and title) (name of firm) ---PAGE BREAK--- 20 ACKNOWLEDGMENT BY PROPOSER If Individual or Individuals: STATE OF ) COUNTY OF ) SS.: On this day of 2019, 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 (or they severally) acknowledged to me that he/she (or they) executed the same. Notary Public, State of Qualified in Commission Expires If Corporation: STATE OF ) COUNTY OF ) SS.: On this day of 2019, before me personally appeared to me known, who, being by me sworn, did say that he/she resides at (give address) 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 2019, 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--- 21 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: $ 13.27 Other: $ 15.42 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: Office Use Only Contract No: Dates: ---PAGE BREAK--- Appendix “A-1” Hudson Shoreline Stabilization Location Map ---PAGE BREAK--- Bethlehem Guilderland Colonie Menands U V 5 U V 32 U V 9 787 787 90 90 U V 20 U V 85 87 87 87 Guilderland Colonie U V 155 90 87 ° To Map Inset ° Map Inset NTS To Downtown 8/28/2019 C:\GIS Services\Neighborhoods & Community\Waterfront\Local Waterfront Revitalization Program (LWRP)\2019 Hudson River Shorline Stabilization.mxd City of Albany HUDSON SHORELINE STABILIZATION NTS The City of Albany GIS Services provides this figure for illustrative purposes only. Unauthorized attempts to modify or utilize this figure for other than its intended purposes are prohibited. All locations are approximate. The City makes no claims or guarantees about the accuracy or currency of the data provided and expressly disclaims liability for errors and omissions in its content. Hudson Shoreline Stabilization Study Area ---PAGE BREAK--- Appendix “A-2” Hudson Shoreline Stabilization Study Area ---PAGE BREAK--- City of Albany HUDSON SHORELINE STABILIZATION Study Area SOUTH END ARBOR HILL NORTH ALBANY DOWNTOWN ALBANY MANSION DISTRICT Hudson River Patroon Island Bridge Dunn Memorial Bridge Jennings Landing & the Hudson River Pedestrian Walkway over Interstate-787 NYS Capitol Empire State Plaza NYS Museum Tidal Pond Intake/Outflow Albany Rowing Center Public Parking & Event Rain Location WAREHOUSE DISTRICT CENTER SQUARE R e n s s e l a e r C o u n t y R e n s s e l a e r C o u n t y Hudson-Mohawk Bike-Hike Multi-Use Trail Network ! ! ! U V 9 787 787 ° The City of Albany GIS Services provides this figure for illustrative purposes only. Unauthorized attempts to modify or utilize this figure for other than its intended purposes are prohibited. All locations are approximate. The City makes no claims or guarantees about the accuracy or currency of the data provided and expressly disclaims liability for errors and omissions in its content. 500 0 500 feet Island Creek Park Albany Public Boat Launch Corning Riverfront Park Riverfront Preserve