Document Albany_doc_7144091875

CITY OF ALBANY DEPARTMENT OF GENERAL SERVICES DIVISION OF ENGINEERING ONE CONNERS BOULEVARD ALBANY, NY 12204 REQUEST FOR PROPOSALS FOR ARCHITECTURAL / ENGINEERING SERVICES PROPOSALS DUE: DECEMBER 12, 2019 AT 12:00 PM NOON IMPROVEMENT PROJECTS TO EXISTING MECHANICAL SYSTEMS FOR VARIOUS CITY OWNED BUILDINGS - 2020 RFP 2019:36 NOVEMBER 20, 2019 ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 2 of 19 REQUEST FOR PROPOSALS FOR THE PROVISION OF PROFESSIONAL ARCHITECTURAL / ENGINEERING SERVICES IMPROVEMENT PROJECTS TO EXISTING MECHANICAL SYSTEMS FOR VARIOUS CITY OWNED BUILDINGS - 2020 City of Albany, New York 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. 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: Patrick J. McCutcheon For Public Procurement Process Clarifications Laura M. Gulfo, Esq. SECTION 1: PURPOSE 1.1 The City of Albany requests proposals from qualified Architectural / Engineering firms to provide professional services for improvements to the existing mechanical systems at the following City owned buildings:  AFD Headquarters 26 Broad Street  AFD/APD Pinebush Station/West Station........ 223 Washington Avenue Ext.  Old Engine #2 45 North Lark Street  Department of General Services 1 Richard J. Conners Boulevard Minority Business Enterprises and Women's Business Enterprises are encouraged to submit proposals. ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 3 of 19 SECTION 2: RECEIPT OF PROPOSALS 2.1 Three copies of the proposal along with a CD with the proposal in PDF Format must be received in a sealed envelope marked “Proposal Enclosed - Professional Services – Improvement Projects to Existing Mechanical Systems for Various City Owned Buildings“ no later than December 12, 2019 at 12:00 noon at the following address: City of Albany Office of Corporation Counsel 24 Eagle Street Albany, New York 12207 ATTN: Laura M. Gulfo, Esq. 2.2 The cost proposal shall be included in a separately sealed envelope within the proposal submittal such that it may be reviewed independent of the remainder of the proposal. 2.3 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. 2.4 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. 2.5 Submission of any proposal indicates an acceptance of the conditions contained in this Request unless the submitted proposal clearly and specifically states otherwise. 2.6 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. 2.7 The City of Albany reserves the right to award the work, in whole or in part, to one or more firms and individuals. 2.8 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. 2.9 Respondents shall avoid submission of marketing materials. ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 4 of 19 2.10 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 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. 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. 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 subsequently requested by the City of Albany for this purpose. SECTION 4: SCOPE OF SERVICES: 4.1 GENERAL: The selected firm will be responsible for providing all data collection, plan development, and architectural / engineering services as required to renovate the mechanical systems as outlined herein. Based on our limited site investigations, the ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 5 of 19 City of Albany has developed a preliminary scope of work for each location. This information is provided for information and proposal purposes only and does not limit the obligation of the successful firm from providing a comprehensive condition survey and rehabilitation design. Each proposing firm is expected to visit each project site prior to submitting their proposal to review this preliminary scope of work against the actual conditions. Selected consultant shall research any historical documents that may be available (i.e. Hall of Records, NYS Bureau of Historical Preservation, etc.) that may indicate the original materials. The following information is provided for your information: Albany Fire Department Headquarters – 26 Broad Street The South End House was opened April 30, 1991. This station is located at Morton Avenue and South Pearl Street and houses Engine 5, Ladder 1 and a Battalion Chief. This building also houses the Department's supply room on the apparatus level and is the home of the Albany Fire Department Headquarters on the second floor, Broad Street side of the building. There are two items for this building that need attention: 1. The existing air handling units are nearing or at the end of their useful life expectancy and are in need of replacement. 2. The controls are of need of upgrading or replacement. Drawings are not readily available. AFD - Pinebush Station / APD - West Station – 223 Washington Avenue Ext. The Pinebush Station / West Station was opened in September of 1977 and is the quarters for Engine 4. This structure received some refurbishing in 1991 with the replacement of carpeting, tile flooring, new furniture and a new kitchen. Engine 4 / West Station is a "Single Company House" which serves the SUNY Campus and the Pinebush area of the City. The exterior pad mounted condenser and chiller unit have exceeded their life expectancy and are in need of replacement. The existing expansion tank will also need replacement. Partial drawings are available. ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 6 of 19 Old Engine #2 – 45 North Lark Street This building was built in the early 1900’s as Fire Station Engine No. 2 and has since been renovated in 2000 to accommodate its present use as a community center. The upper most rooftop unit is in need of replacement. It is thought that the unit will be replaced as “in-kind” replacement. Partial drawings are available. Department of General Services – 1 Richard J. Conners Boulevard This building houses the administrative office for the Department of General Services for the City. Within this building there are several divisions including but not limited to Building Maintenance, Small Engine Repair, Forestry, Gardening, Paving, etc. This building was originally built in 1989. Its addition was built in 1996. The addition has a total of 7 RTU’s. Two units were replaced early 2019. The remaining units are near or, at the end of their life expectancy and need replacement. Drawings are available. 4.2 PROGRAM DEVELOPMENT PHASE : A) Attend a project kick-off meeting with the City of Albany to review the project objectives, goals, and project schedule. B) Review available drawings for the subject buildings. C) Conduct condition surveys at each of the proposed project sites. Condition survey shall include, but not be limited to: a comprehensive inspection, completion of all necessary field measurements, evaluation of structural system and wall systems. D) Identify any regulatory permits and/or approvals required. E) Conduct a survey to identify the presence of hazardous materials, including asbestos, lead paint, containerized materials, etc. that will affect the completion of this project. It is assumed that up to twelve (12) samples will be taken for testing purposes. F) Prepare existing conditions plan, develop the program for the proposed mechanical improvements, and prepare a budgetary cost estimate for the work. G) Prepare a project schedule that will take into consideration that the loss of climate control at some locations may create an uncomfortable situation to building occupants, particularly in the summer months. Project(s) shall be scheduled to minimize the loss of necessary climate control. ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 7 of 19 H) Prepare a report summarizing the above work and attend meetings with City officials to discuss the findings of the report and field investigations. 4.3 DESIGN DEVELOPMENT PHASE: A) Prepare 60% complete drawings and outline specifications for the renovation(s) at each location. B) Prepare a detailed cost estimate for each location, including contingency and soft costs. If the cost estimate is not within the project budget of $320,000, modify the scope of the work prior to completing this design phase. Identify any self-help items that could be performed by City Maintenance personnel. C) Prepare outline specification defining all construction materials, components, and systems. D) Attend meetings with City staff to review the design development submittal. 4.4 CONTRACT DOCUMENT PHASE: A) Provide the City of Albany with final construction drawings, including abatement and/or encapsulation of hazardous materials and structural modifications, for distribution to prospective bidders and City use. B) All plans are to be signed and sealed by a New York State Professional Engineer/Registered Architect. Corporate stamps are not acceptable for certification of the contract Documents. C) Final contract documents will include standard City boiler plate which will be prepared by the City. D) Prepare a final cost estimate. E) Submit copies of 100% completed Contract Documents to the City for review and make any necessary modifications prior to bidding the project. 4.5 BID PHASE: A) Provide the City with Final Contract Documents for distribution to prospective bidders and for the City’s use. B) Attend a pre-bid meeting to explain the project to prospective bidders and answer any questions. C) Assist the City in the preparation of any necessary addendum(s) to clarify questions related to the project and Contract Documents. ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 8 of 19 D) Assist the City with the evaluation of bids and make a recommendation regarding the award of the contract. 4.6 CONTRACT OBSERVATION AND ADMINISTRATION PHASE: A) Attend the pre-construction meeting and project meetings. B) Make site visits as necessary to review the status and quality of the work for conformance to the Contract Documents, to resolve the contractor’s Request(s) for Information (RFI) and to review necessary field changes. C) Review material submissions, shop drawings, and samples for conformance with the Contract Documents. D) Coordinate the selection of all material colors and finishes. E) Review and approve Contractor’s applications for payment. F) Prepare and issue meeting minutes for all meetings, review and negotiate Contractor’s change proposals, provide interpretations of the Contract Documents, respond to RFI’s, etc. G) Issue a Notice of Substantial Completion with a punch list of all items that are not satisfactorily completed. H) Assist the City with project closeout, including final inspection and follow-up to ensure satisfactory completion of punch list items. I) Perform a follow-up inspection of the improvements ten (10) months after completion of the project. Inform the City and Contractor in writing of any items requiring correction. 4.7 PROJECT ADMINISTRATION: A) The City of Albany Department of General Services, Engineering Division will administer the project under the direction of Randall Milano, P.E. City Engineer. Patrick McCutcheon will be the Project Manager. 4.8 PROJECT SCHEDULE:  Proposal Submission December 12, 2019  Notice to Proceed: January 3, 2020  Program Report January 17, 2020  Design Development (60%) February 21, 2020  Contract Documents to City: March 13, 2020  Bid Advertisement March 17, 2020 ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 9 of 19  Bid Opening April 7, 2020  Contract Award April 21, 2020  Contractor Start May 8, 2020  Final Completion November 1, 2020 4.9 PROJECT DELIVERABLES: The following deliverables shall be submitted to the City for review: Program Development Report: Three copies Design Development Documents: Three copies Final Contract Documents: Three hard copies with one digital copy in PDF format. As-Built Contract Documents…………… One copy on compact disk in pdf format. SECTION 5. WORK PROPOSAL 5.1 Address the Scope of Services referenced in Section 4 above, including a detailed work plan and project approach that includes task definitions and methodology, milestones, and project schedule. SECTION 6: COST PROPOSAL: 6.1 Provide the proposed cost breakdown for each services set forth in Section 4, Subsections 4.1 through 4.9. 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 As identified in Section 2.2, the cost proposal shall be included in a separately sealed envelope within the proposal submittal such that it may be reviewed independently SECTION 7: DESIGN DELEGATION 7.1 Unless noted otherwise, the selected proposer will be responsible for the design and certification of all components of this project. Design delegation to the 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 desires to delegate design, he/she will request in a letter to the City Engineer that delegation be authorized, explain specifically why for each case, and ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 10 of 19 state that the work is ancillary to the project. The City Engineer will review the request and provide a written reply. In the event the request is denied, no additional compensation will be paid to the Consultant. 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: CONTRACT: 8.1 The contract period for the services contemplated by the RFP will be for a maximum of one year. 8.2 The selected proposer(s) will be required to execute a contract with the City of Albany. A sample of the Professional Services Agreement has been included with this RFP. The City will have the right to terminate the contract at any time, with or without cause, upon thirty (30) days written notice. SECTION 9: PROPOSAL EVALUATION: 9.1 Proposals shall remain valid until the execution of a contract by the City of Albany. 9.2 Proposals shall be examined and evaluated by the City of Albany Division of Engineering and the Corporation Counsel's Office to determine whether each proposal meets the requirements of this RFP. A recommendation will be made by the City of Albany Division of Engineering for a contract award based on the following criteria: a. Proposer’s demonstrated capabilities and professional qualifications. b. The wherewithal of the proposer(s) to render the requested services to the City in a timely fashion. c. Total proposed cost. d. Completeness of the proposal. 9.3 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). ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 11 of 19 SECTION 10: ALTERNATIVES: 10.1 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 11: INDEMNIFICATION: 11.1 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 12: REQUEST FOR PROPOSAL CLARIFICATION: 12.1 All inquiries with respect to this Request for Proposals shall be directed to the following: For project specific clarifications: Patrick McCutcheon Division of Engineering One Conners Blvd. Albany, NY 12204 Phone: (518) 434-2387 Fax: (518) 434-5696 E-mail: [EMAIL REDACTED] For public procurement process clarifications: Laura M. Gulfo, Esq. Assistant Corporation Counsel Department of Law City Hall, Room 106 24 Eagle Street Albany, New York 12207 Phone: (518) 434-5050 12.2 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, ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 12 of 19 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. 12.3 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 13: MODIFICATION AND WITHDRAWAL OF PROPOSALS: 13.1 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. 13.2 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 14: INSURANCE REQUIREMENTS: 14.1 The selected proposer will be required to procure and maintain at it’s own expense the following insurance coverage: a. 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. b. 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. ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 13 of 19 c. Errors and Omissions Insurance: A policy or policies of errors and omissions insurance with limits of $2,000,000. 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 d. Automobile Liability Insurance: In the event that Respondent is using a vehicle in business, a policy or policies 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 vehicles including owned, non-owned and hired. e. Excess/Umbrella Insurance: A policy or policies of insurance with limits of $2,000,000 per occurrence / $2,000,000 aggregate. 14.2 Each policy of insurance required shall be in form and content satisfactory to the City of Albany, and shall provide that: a. The City of Albany is named as an additional named insured on a primary and non-contributing basis. b. 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. c. 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. 14.3 No work shall commence under the contract until the selected proposer has delivered to the City 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. ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 14 of 19 SECTION 15: NON-COLLUSIVE PROPOSAL CERTIFICATE & ACKNOWLEDGMENT: 15.1 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 16: PROCUREMENT FORMS AND REQUIREMENTS: 16.1 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: a. Iran Divestment Act Statement, b. Non-Discrimination and Diversity Requirements, and c. Living Wage. 16.2 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. 16.3 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 ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 15 of 19 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 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.” 16.4 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 17: SUBMISSION REQUIREMENTS: 17.1 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 5. ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 16 of 19 c. Cost Proposal as outlined in Section 6. d. Non-Collusive Proposal Certificate and Acknowledgment Form as outlined in Section 15 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 16.2 and the Non-Discrimination and Diversity statement, as outlined in Section 16.3. f. Living Wage Compliance Form as outlined in Section 16.4. 17.2 Failure to include all of the above items may result in the proposal being considered nonresponsive. ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 17 of 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. (Signature) (Print Name and Title) (Name of Partnership or Corporation) (Date) ---PAGE BREAK--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 18 of 19 ACKNOWLEDGMENT BY PROPOSER If Individual or Individuals: STATE OF ) COUNTY OF ) SS.: On this day of 20__, 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 20__, 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 20__, 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--- Improvements Project To Existing Mechanical Systems November 20, 2019 For Various City Owned Buildings - 2020 RFP 2019:36 19 of 19 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--- 1 AGREEMENT BY AND BETWEEN THE CITY OF ALBANY AND FOR THE PROVISION OF PROFESSIONAL ENGINEERING SERVICES This Agreement made 2019 (hereinafter referred to as the “EFFECTIVE DATE”) by and between the CITY OF ALBANY, a New York municipal corporation with its principal offices at 24 Eagle Street, Albany, New York, 12207 (hereinafter referred to as “CITY”) and a New York with its principal offices located at New York, (hereinafter referred to as “CONSULTANT”). WITNESSETH WHEREAS, the CITY issued a Request for Proposals dated November 20, 2019 (hereinafter referred to as “RFP”, which is incorporated herein and made a part of this Agreement) for the provision of professional engineering services in connection with the Improvement Projects To Existing Mechanical Systems for Various City Owned Buildings; and WHEREAS, the CONSULTANT submitted a Proposal dated December 12, 2019 (hereinafter referred to as the “Proposal”, which is incorporated herein and made a part of this Agreement) for the provision of said professional engineering services; and WHEREAS, the CITY has selected CONSULTANT to provide the said professional engineering services, NOW, THEREFORE, THE PARTIES HERETO, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH IN THIS AGREEMENT, AGREE AS FOLLOWS: ARTICLE I. SCOPE OF SERVICES CONSULTANT agrees to provide the Scope of Services for the Improvement Projects To Existing Mechanical Systems for Various City Owned Buildings as forth in the CITY’s RFP numbered 2019:36 and dated November 20, 2019, a copy of which is incorporated herein, and the Scope of Services as more specifically set forth on pages of CONSULTANT’s Proposal, a copy of which is incorporated herein. All services and deliverables shall be provided within the time period set forth in Section 4 of the CITY’s RFP. ---PAGE BREAK--- 2 ARTICLE II. FEES In consideration of the terms and obligations of this Agreement, the CITY agrees to pay, and the CONSULTANT agrees to accept, fees as follows: Any task description that does not have a cost associated must be approved by the City Engineer, or his designated representative, upon the submission of a task order by CONSULTANT. Task orders that do not include a “not to exceed” quote for that task will not be accepted. The CONSULTANT shall submit to the CITY itemized bills, properly executed claim forms, vouchers, and such other necessary information or supporting documentation as may be required by the CITY in order to process payment. ARTICLE III. TERM OF THE AGREEMENT The term of this AGREEMENT will be one year, and will commence on EFFECTIVE DATE and expire after a one year. The CITY will, however, have the right to terminate the agreement at any time, with or without cause. The CITY shall also have the option to extend the contract for one year, upon Budget approval. ARTICLE IV. RELATIONSHIP The CONSULTANT is, and will function as, an independent contractor under the terms of the Agreement and shall not be considered an agent or employee of the CITY for any purposes, and the employees of the CONSULTANT shall not in any manner be, or be held out to be, agents or employees of the CITY. ARTICLE V. OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes, and data prepared and furnished by the CONSULTANT pursuant to this Agreement shall be the property of the CITY. ARTICLE VI. LICENSES The CONSULTANT shall at all times obtain and maintain all licenses required by the State of New York to perform the services contemplated by this Agreement. ---PAGE BREAK--- 3 ARTICLE VII. ASSIGNMENTS The CONSULTANT is, as per Section 109 of the New York General Municipal Law, prohibited from assigning, transferring, conveying, subcontracting or otherwise disposing of this Agreement, or of its right, title, or interest therein without the previous consent in writing of the CITY. ARTICLE VIII. INDEMNIFICATION To the fullest extent permitted by law, the CONSULTANT shall indemnify, defend and hold harmless the CITY and its officers, directors, boards, employees, and agents from and against any and all claims, damages, losses and expenses, including but not limited to attorney’s fees, for any actual or alleged injury to any person or persons, including death, or damage to or destruction of property arising out of any act or omission on the part of the CONSULTANT, its employees, agents or subcontractors for any work or services performed on behalf of the CITY. Both PARTIES shall notify each other in writing within thirty (30) days of any such claims or demands and shall cooperate in the defense of any such actions. ARTICLE IX. INSURANCE Notwithstanding the terms, conditions or provisions, in any other writing between the parties, the CONSULTANT hereby agrees to effectuate the naming of the CITY, its boards, officers and employees as additional insureds on a primary and non-contributory basis on the CONSULTANT’s insurance policies, with the exception of the Worker’s Compensation. A. All policies of insurance required shall be in the following form and content satisfactory to the CITY: i. Said insurances 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 ii. The insurance policies shall state that the CONSULTANT’s coverage shall be primary coverage for the municipality, its boards, officers and employees; iii. The insurance policies shall state the CONSULTANT agrees to indemnify the municipality for any applicable deductibles; iv. The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the CITY; and v. The insurance policies shall be automatically renewed upon expiration and continued in force unless the CITY is given sixty (60) days written notice to the contrary. B. The CONSULTANT will be required to procure and maintain at its own expense the following insurance coverage: ---PAGE BREAK--- 4 i. 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; ii. 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; iii. 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 iv. Excess/Umbrella Insurance: A policy or policies of insurance with limits of $2,000,000 per occurrence/$2,000,000 aggregate; v. Pollution Liability Insurance: A policy or policies of pollution liability insurance of liability limits of $2,000,000 per occurrence/$2,000,000 aggregate; and vi. Automobile Liability Insurance: In the event that CONSULTANT 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. No work shall commence under the Agreement until CONSULTANT has delivered to the CITY or its designee proof of issuance of all policies of insurance required by the Agreement to be procured by CONSULTANT. If at any time, any of said policies shall be or become unsatisfactory to the CITY, CONSULTANT shall obtain a new policy and submit proof of insurance of the same to the CITY for approval. Upon failure of CONSULTANT to furnish, deliver, and maintain such insurance as above provided, the Agreement may, at the election of the CITY, be declared suspended, discontinued or terminated. Failure of CONSULTANT to procure and maintain any required insurance shall not relieve CONSULTANT from any liability under the Agreement, nor shall the insurance requirements be constructed to conflict with the obligations of CONSULTANT concerning indemnification. ARTICLE X. ACCOUNTING RECORDS Proper and full accounting records shall be maintained by the CONSULTANT. Said records shall clearly identify the services provided under this Agreement. Such records shall be subject to periodic and final audit by the CITY upon request. Such records shall be accessible to ---PAGE BREAK--- 5 the CITY for a period of six years following the date of final payment by the CITY to the CONSULTANT for the provision of the services contemplated herein. ARTICLE XI. CONFIDENTIALITY The CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than the CONSULTANT’s employees, subcontractors and the general contractor and subcontractors, if appropriate, any data or information not previously known to and generated by the CONSULTANT or furnished to the CONSULTANT and marked “CONFIDENTIAL” by the CITY. These provisions shall not apply to information in whatever form that is in the public domain, nor shall it restrict the CONSULTANT from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for the CONSULTANT to defend itself from any legal action or claim. CONSULTANT shall notify the CITY in writing of such required disclosures. ARTICLE XII. TERMINATION OF AGREEMENT Notwithstanding any provisions of this agreement, the CITY shall have the right at any time, with or without cause, to terminate the services contemplated by this Agreement upon written notice of such termination. In the event of such termination of this Agreement, the CONSULTANT shall be entitled to prorated compensation for all services provided and authorized by the CITY pursuant to this Agreement prior to the written termination notice. Once such prorated compensation has been paid, the CITY shall have no further obligations to the CONSULTANT. ARTICLE XIII. MODIFICATIONS This Agreement may only be modified by a formal written amendment executed by the CITY and the CONSULTANT. ARTICLE XIV. PARTIAL INVALIDITY If any term, part, provision, section, subdivision, or paragraph of this Agreement shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions, or paragraphs thereof. ---PAGE BREAK--- 6 ARTICLE XV. CONTRACT DOCUMENTS It is understood and agreed by the parties hereto that the following documents are incorporated into this Agreement and become as fully a part of this Agreement as if fully set forth herein: A. The RFP dated November 20, 2019; and B. The Proposal dated December 12, 2019. In the event of any discrepancy, disagreement, or ambiguity among the documents referenced above, said documents shall be given preference in the following order to interpret and to resolve any such discrepancy, disagreement, or ambiguity: A. This Agreement; B. The RFP dated November 20, 2019; and C. The Proposal dated December 12, 2019. ARTICLE XVI. NO WAIVER The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of the Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. ARTICLE XVII. NOTICES Any notice required or contemplated herein shall be made upon the parties as follows: CITY: Division of Engineering Attn: Randall J. Milano P.E. City of Albany One Richard Conners Boulevard Albany, New York12204 CONSULTANT: [Name] [Address] [Address] With a copy to: Corporation Counsel Department of Law City Hall, Room106 Albany, New York 12207 ---PAGE BREAK--- 7 ARTICLE XVIII. 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 CONSULTANT will not discriminate against any employee, applicant or anyone in the performance of this Agreement 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 Agreement shall be performed within the State of New York, CONSULTANT agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin; discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or discriminate against or intimidate any employee hired for the performance of work under this Agreement. If this is a building service agreement as defined in Section 230 of the Labor Law, then, in accordance with Section 230 thereof, CONSULTANT agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability; discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or discriminate against or intimidate any employee hired for the performance of work under this Agreement. CONSULTANT is subject to fines of $50 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this Agreement and forfeiture of all monies due hereunder for a second or subsequent violation. ARTICLE XIX. LIVING WAGE When providing the services contemplated by this Agreement, the Consultant must comply with Sect 42-161 of the City of Albany Code, which requires payment of a living wage to all its employees working on a service contract. See Exhibit C: Living Wage Compliance Form. ARTICLE XX. EXECUTORY This Agreement shall be deemed executory only for the extent of monies available to the CITY for the performance of the terms hereof and no liability on account thereof shall be incurred by the CITY beyond monies available to or appropriated by the CITY for the purpose of the Agreement and, if applicable, that this Agreement shall automatically terminate upon the termination of State or Federal funding available for such contract purpose. ---PAGE BREAK--- 8 ARTICLE XXI. GOVERNING LAW This AGREEMENT shall be governed by and construed according to the laws of the State of New York and City of Albany. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day and year first written above. CITY OF ALBANY CONSULTANT Katherine M. Sheehan Name: Mayor Title: Date: ---PAGE BREAK--- 9 NOTARY ACKNOWLEDGEMENT STATE OF NEW YORK ) COUNTY OF ) ss.: On this day of 20__, before me personally appeared to me known to be the individual who executed the foregoing instrument, and who, being duly sworn by me did say that he/she is of the architectural/engineering firm and that he/she has the authority to sign same, and acknowledged that he/she executed the same as the act and deed of the firm. Notary Public, State of New York Qualified in Commission Expires NOTARY ACKNOWLEDGEMENT STATE OF NEW YORK ) COUNTY OF ALBANY ) ss.: CITY OF ALBANY ) On this day of 20__, before me personally came Katherine M. Sheehan, to me known and known to me to be the Mayor of the City of Albany, New York and the same person who executed the foregoing instrument; and she acknowledged that she executed the foregoing instrument on behalf of the City of Albany, New York as said Mayor pursuant to the authority vested in her. Notary Public, State of New York Qualified in Commission Expires ---PAGE BREAK--- 10 EXHIBIT A ---PAGE BREAK--- 11 EXHIBIT B