Document Albany_doc_fbf417a687

CITY OF ALBANY DEPARTMENT OF GENERAL SERVICES DIVISION OF ENGINEERING ONE CONNERS BOULEVARD ALBANY, NY 12204 REQUEST FOR PROPOSALS FOR PROFESSIONAL ENGINEERING SERVICES FOR SLOPE STABILIZATION PROJECT HILLCREST AVENUE AND NORTHERN BOULEVARD CITY OF ALBANY, NEW YORK RFP 2020:43 PROPOSALS DUE: JANUARY 5, 2021 AT 12:00 PM NOON DECEMBER 10, 2020 ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 2 of 18 REQUEST FOR PROPOSALS FOR THE PROVISION OF PROFESSIONAL ENGINEERING SERVICES SLOPE STABILIZATION PROJECT HILLCREST AVENUE AND NORTHERN BOULEVARD City of Albany, New York IMPORTANT NOTICE: A restricted period is currently in effect for this Procurement and it will remain in effect until approval of the Contract. Bidders are prohibited from contact related to this procurement with any City of Albany employee other than the designated contacts listed below refer to: Designated Contacts for this Procurement: For Project Specific Clarifications: William J. Lecuyer P.E. For Public Procurement Process Clarifications Laura M. Gulfo, Esq. SECTION 1: PROJECT DESCRIPTION 1.1 The City of Albany currently has two locations which are exhibiting signs of slope failure and require stabilization. The first location is along Hillcrest Avenue (see figure The slope is located on the south side of Hillcrest Avenue and is approximately one hundred (100) feet long. There is evidence of slope failure along the south side of the roadway and some temporary repairs are in place. The City contracted with Gifford Engineering to make a preliminary assessment of the slope. Based upon their recommendations, it is proposed stabilize the slope by placing fill along the existing embankment to reduce the slope to 2H:1V. A copy of their assessment is included in this RFP. 1.2 The second location is along the south side of Northern Boulevard just east of the Route 9 overpass (See Figure A 200 foot long section of the existing chain link ROW fence has been utilized as a retaining wall. This was apparently completed during the construction of Greyledge Estates. Fabric and boards were placed up against the fence fabric to support approximately 3 feet of fill. There is currently subsidence occurring on the Greyledge Estates side of the fence. It is proposed it is proposed place fill along the Northern Boulevard side of the fence to create a slope to no more than 2H:1V. ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 3 of 18 1.3 The City of Albany requests proposals from qualified Engineering firms to provide professional services for stabilizing the two slopes. Minority Business Enterprises and Women's Business Enterprises are encouraged to submit proposals. SECTION 2: RECEIPT OF PROPOSALS 2.1 Proposals may be returned to the City of Albany in one of the following ways: 2.1.1 Hand Delivered - Two copies of the proposal along with a CD or USB flash drive with the proposal in PDF Format must be received in a sealed envelope marked “Proposal Enclosed - Professional Engineering Services – Slope Stabilization Project - Hillcrest Avenue And Northern Boulevard” no later than January 5, 2021 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. 2.1.2 Delivery Service - Two copies of the proposal along with a CD or USB flash drive with the proposal in PDF Format must be received at the above referenced address in a sealed envelope marked “Proposal Enclosed - Professional Engineering Services – Slope Stabilization Project - Hillcrest Avenue And Northern Boulevard” no later than the dates and times listed above. If a Proposal is sent by mail or other delivery system, it shall be the responsibility of the proposer to ensure the proposal is delivered by the date and time specified. Proposals delivered after the date and time specified may be rejected. 2.1.3 Electronic Submission - Proposers may also submit their Proposals electronically via BidNetDirect.com. Proposals must be received no later than date and time listed above. 2.2 The cost proposal shall be included in a separately sealed envelope or separate .pdf file in electronic submissions 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. ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 4 of 18 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. 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. ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 5 of 18 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: A) The selected firm will be responsible for providing all data collection, plan development, and engineering services as required for the stabilization of the slopes. Each proposing firm is expected to visit the project site at their own cost and expense prior to submitting their proposal to review actual site conditions. 4.2 Site Survey: A) The selected consultant shall complete a planimetric and topographical field survey of the project area. The survey shall include all above and below grade features including, but not limited to the following: 1. All above grade features including, but not limited to curbs, building faces, fences, bollards, trees, light poles, manholes, catch basins and pavement. 2. Underground utilities. The selected consultant shall show underground infrastructure based upon above grade features, record mapping and utility layout. 3. Property lines based upon best available information. 4. Contour interval of one foot. Elevations shall be based upon a datum an assumed datum. ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 6 of 18 B) The selected consultant shall set a minimum of two bench marks for future reference at each project site. 4.3 Geotechnical Evaluation (Hillcrest Avenue): A) A geotechnical investigation shall be conducted at the Hillcrest Avenue site. The evaluation shall include the following: 1. On-site drilling and sampling at two locations, as well as detailed laboratory testing to evaluate the strength parameters of the subsurface soils. 2. Provide a summary of the findings. The report shall include recommendations to stabilize any movement. 4.4 DESIGN DEVELOPMENT PHASE: A) Attend a project kick-off meeting with the City of Albany to review the project objectives, goals, and project schedule. B) Prepare 75% complete drawings, including a maintenance and protection of traffic plan and specifications for the work. The Northern Boulevard site shall also include a landscaping plan for tree replacement. C) Prepare a detailed cost estimate, including contingency and soft costs. Identify any self-help items that could be performed by City Maintenance personnel. D) Attend meetings with City staff to review the design development submittal. 4.5 CONTRACT DOCUMENT PHASE: A) Provide the City of Albany with final construction drawings 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) The City will be providing construction documents for the milling and paving of Hillcrest Avenue for inclusion into the bid documents. D) Final contract documents will include standard City boiler plate which will be prepared by the City. E) Prepare a final cost estimate. ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 7 of 18 4.6 BID PHASE: A) Assist the City in the preparation of any necessary addendum(s) to clarify questions related to the project and Contract Documents. B) Assist the City with the evaluation of bids as necessary. 4.7 CONTRACT OBSERVATION AND ADMINISTRATION PHASE: A) Attend the pre-construction meeting. B) Make periodic 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) The City of Albany shall complete all construction administration/inspection associated with the milling and paving of Hillcrest Avenue. E) Assist the City with project closeout, including final inspection and follow-up to ensure satisfactory completion of punch list items. 4.8 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. Bill Lecuyer will be the Project Manager. 4.9 PROJECTED PROJECT SCHEDULE:  Proposal Submission January 5, 2021  Notice to Proceed: January 22, 2021  Design Development (75%) February 26, 2021  Construction Documents March 12, 2021  Bid March 16, 2021  Bid Opening April 6, 2021  Contract Award April 20, 2021  Contractor Start May 10, 2021  Substantial Completion June 18, 2021  Final Completion June 30, 2021 ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 8 of 18 4.10 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. 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 4.10. 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 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 ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 9 of 18 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. A sample of the Professional Services Agreement has been included with this RFP. 8.2 All proposers are required to review the attached sample City of Albany professional services agreement prior to their proposal submission. All requests for revisions to the professional services agreement shall be made in writing not less than five days prior to the RFP submission date for consideration. All requests received after RFP submission will not be accepted. 8.3 The selected proposer(s) will be required to execute a contract with the City of Albany. 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--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 10 of 18 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: William J. Lecuyer Division of Engineering One Conners Blvd. Albany, NY 12204 Phone: (518) 434-5490 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 E-mail: [EMAIL REDACTED] 12.2 All questions about the meaning or intent of the specifications shall be submitted in writing. Replies will be posted via BidNetDirect.com and the City’s website: http://www.albanyny.gov/NewsandEvents/RFPs.aspx, ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 11 of 18 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 BidNetDirect.com and 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 its own expense the following insurance coverage: a. Workers' Compensation and Employer’s Liability Insurance: Must show evidence of Worker’s Compensation insurance with limits of at least $500,000.00, 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--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 12 of 18 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--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 13 of 18 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 Compliance Form 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: df 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 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 ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 14 of 18 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. c. Cost Proposal as outlined in Section 6. d. Non-Collusive Proposal Certificate and Acknowledgment Form as outlined in Section 15 ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 15 of 18 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--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 16 of 18 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--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 17 of 18 ACKNOWLEDGMENT BY PROPOSER If Individual or Individuals: STATE OF ) COUNTY OF ) SS.: On this day of 2021, before me personally appeared to me known and known to me to be the same person(s) described in and who executed the within instrument, and he/she/they severally acknowledged to me that he/she/they executed the same. Notary Public, State of Qualified in Commission Expires If Corporation: STATE OF ) COUNTY OF ) SS.: On this day of 2021, before me personally appeared to me known, who, being by me sworn, did say that he/she is the (give title) of the (name of corporation) the corporation described in and which executed the above instrument; that he/she knows the seal of the corporation, and that the seal affixed to the instrument is such corporate seal; that it was so affixed by order of the board of directors of the corporation, and that he/she signed his/her name thereto by like order. Notary Public, State of Qualified in Commission Expires If Partnership: STATE OF ) COUNTY OF ) SS.: On this day of 2021, before me personally came to me known to be the individual who executed the foregoing, and who, being duly sworn, did depose and say that he/she is a partner of the firm of and that he/she has the authority to sign the same, and acknowledged that he/she executed the same as the act and deed of said partnership. Notary Public, State of Qualified in Commission Expires ---PAGE BREAK--- Slope Stabilization Project December 10, 2020 Hillcrest Avenue and Northern Boulevard RFP 2020:43 18 of 18 Living Wage Compliance City Code § 42-161 requires a living wage be paid to employees by any contractors awarded a contract by the City primarily for furnishing services to or for the City (excluding the purchase of goods or other property, the leasing of property or the development, redevelopment or rehabilitation of real property) and that involves an expenditure by the City to the contractor of at least $20,000, or the retention by the contractor of fees of at least $30,000, during a period of one year. The current Living Wage, as defined by the ordinance is as follows: If at least 70% of health care benefits are covered by employer: $13.36 Other: $15.52 Pursuant to the law, every proposal shall include a written commitment by the applicant to pay all covered employees a living wage and shall include a list of job titles and wage levels of all covered employees. Please provide titles and wage levels below for each employee who directly expends his/her time on a contract with the City. Please add additional pages if necessary. Contract / Agreement: 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. Signature: Date Title: Email: Phone: ---PAGE BREAK--- Site Location Maps ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Site Assessment Hillcrest Avenue Report prepared by Gifford Engineering dated August 24, 2020 The following is a site assessment report regarding the Hillcrest Avenue slope assessment. The inclusion of this information does not relieve the selected consultant from completing a full site investigation as outline in the request for proposals dated December 10, 2020. ---PAGE BREAK--- GIFFORD ENGINEERING Geotechnical & Geoenvironmental Services 865 Pearse Road Niskayuna, NY 12309 Tel: (518) 382-2545 [EMAIL REDACTED] August 24, 2020 City of Albany Division of Engineering Attn: Mr. William Lecuyer One Conners Blvd Albany, NY 12204 Re: Geotechnical Engineering Evaluation for Slope Stability Issue at Hillcrest Ave, Albany, NY, File No. 2042 Gentlemen: At your request, this letter report is issued to present the investigation, findings and recommended repair options for the referenced slope stability issue. “Ball Park” cost estimates are included for the options. Services for this evaluation are outlined in our proposal dated August 17, 2020 and authorized by you. The site is near the dead (west) end of Hillcrest Ave, which is accessed from Russell Rd. The slope has failed to the south near a crest in the alignment. There are warning barricades set up at the top of slope near the failure to protect from injury. A site visit was conducted on August 19, 2020. The slope is heavily wooded with leaning trees, which is a sign of slope instability. The slope at the south side of Hillcrest Ave has moved and experienced significant erosion of soils. The length of the failure is about 50 to 75 feet and a repair may need to be somewhat longer. The erosion and/or slide has undermined the pavement and a void was observed. A previous repair included steel plates and guide rail beams situated behind concrete posts to resist lateral movement. This repair is no longer effective and the slope has continued to move. The sand and silt soils have moved down hill, apparently by erosion and/or slippage of the slope, and has moved onto the adjacent property (judged by location of the fence line). The 3 or 4 feet high chain link fence at the adjacent property is about half buried with soil from above. Two hand auger borings were advanced, one near the top and the other near the bottom of the slope. The stratigraphy was logged by the geotechnical engineer by measuring down the bore hole to changes. The soil was examined and identified as light brown moist sand and silt. A bulk sample of soil was taken from auger cuttings and placed in a plastic bag for laboratory testing. Based on observations made during the site visit, it appears that stormwater runoff from the neighboring properties to the north of Hillcrest Ave may have partially caused the issue. There is no curb on the south side of the Hillcrest Ave to catch the flows and send them down the road to catch basins or another storm water management system. To deflect the runoff with this repair may aggravate an issue further down the road. There are two recommended repair options. The first includes a reinforced earth retaining wall down near the chain link fence that raises the grade up about 2 to 4 feet to provide a flatter slope up to the road of 3H to 1V, Horizontal to Vertical. The area behind the wall will be filled to allow a flatter slope. The height of the wall should be such that the resulting slope is no steeper ---PAGE BREAK--- ---PAGE BREAK--- GIFFORD ENGINEERING Geotechnical & Geoenvironmental Services 865 Pearse Road Niskayuna, NY 12309 Tel: (518) 382-2545 Email: [EMAIL REDACTED] August 24, 2020 HAND AUGER BORING LOGS Geotechnical Engineering Evaluation for Slope Stability Issue at Hillcrest Avenue, File No.: 2042 Hillcrest Avenue at Russell Road, Albany, NY 12203 Borings advanced by hand with 3.25-inch diameter auger and logged by Mr. Jared Bazan (GE) on August 19, 2020. Soil samples were collected in Ziplock bags and transported to the lab for testing. HA – 1 (bottom of slope) 0.0’-2.0’ Brown, moist, Sand and Silt, SM, native soil moved by slope failure. 2.0’-5.3’ Brown, moist, Sand and Silt, SM, native. End of auger at 5.3 feet. No water encountered. HA – 2 (top of slope) 0.0’-5.3’ Brown, moist, Sand and Silt, SM, native. End of auger at 5.3 feet. No water encountered. ---PAGE BREAK--- GIFFORD ENGINEERING Geotechnical & Geoenvironmental Services 865 Pearse Road Niskayuna, NY 12309 Tel: (518) 382-2545 [EMAIL REDACTED] LABORATORY TEST RESULTS Slope Stability Evaluation at Hillcrest Avenue off Russell Road, Albany, NY File No. 2042 Grain Size Distribution ASTM D 421, D 422 & D 1140 Size/Sieve Percent Passing by Weight HA-1 2’ No. 4 100.0% No. 10 99.9% No. 20 99.9% No. 40 99.7% No. 100 83.8% No. 200 36.5% ---PAGE BREAK--- Updated Oct 2019 GENERAL NOTES DRILLING & SAMPLING SYMBOLS* WATER LEVEL SYMBOLS** SS Split Spoon – 1 3/8” I.D., 2” O.D. WL Water Level ST Shelby Tube – 3” O.D. WCI Wet Cave In OS Osterberg Sampler – 3” Shelby Tube DCI Dry Cave In DB Diamond Core – NQ, BX, HQ WS While Sampling WR Weight of Rod WD While Drilling WH Weight of Hammer BCR Before Casing Removal RD Rotary Drill Bit ACR After Casing Removal DC Driven Casing, Washed AB After Boring WB Washed Boring HSA Hollow Stem Auger OH MT Open Hole Macro Core MC5 Soil Sampling System *Standard Penetration: Blows per foot of a 140 pound hammer falling 30 inches on a 2 inch O.D. split spoon, except where noted. Water levels indicated on the boring logs are the levels measured in the boring at the times indicated. In pervious soils, the indicated elevations are considered reliable ground water levels. In impervious soils, the accurate determination of ground water elevations is not possible in even several days observation, and additional evidence on ground water elevations must be sought. CLASSIFICATION COHESIONLESS SOILS COHESIVE SOILS* “Trace” 1% - 10% N (Blows/ft) Qc (TSF) “Little” 10% - 20% Very Soft 0 – 1 0.00 – 0.25 “Some 20% - 35% Soft 2 – 4 0.25 – 0.49 “And” 35% - 50% Medium 5 – 8 0.50 – 0.99 Stiff 9 – 15 1.00 – 1.99 Very Loose 0 – 3 Blows Very Stiff 16 – 30 2.00 – 3.99 Loose Medium Dense 4 – 9 Blows 10 – 29 Blows Hard > 30  4.00 Dense 30 – 50 Blows Very Dense > 50 Blows * If Clay content is sufficient so that clay dominates soil properties, then Clay becomes the principal noun with the other major soil constituent as modifier: i.e., Silty Clay. Other minor soil constituents may be added according to classification breakdown for cohesionless soils: i.e., Silty Clay, little Sand, trace Gravel. Additional explanation available upon request. See attached Unified Soil Classification sheet. ---PAGE BREAK--- ---PAGE BREAK--- Geotechnical-Engineering Report Important Information about This Subsurface problems are a principal cause of construction delays, cost overruns, claims, and disputes. While you cannot eliminate all such risks, you can manage them. The following information is provided to help. The Geoprofessional Business Association (GBA) has prepared this advisory to help you – assumedly a client representative – interpret and apply this geotechnical-engineering report as effectively a lowered exposure to the subsurface problems that, for decades, have been a principal cause of construction delays, cost overruns, claims, and disputes. If you have questions or want more information about any of the issues discussed below, contact your GBA-member geotechnical engineer. Active involvement in the Geoprofessional Business Association exposes geotechnical engineers to a wide array of risk-confrontation techniques that can construction project. Geotechnical-Engineering Services Are Performed for Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical-engineering study conducted for a given civil engineer will not likely meet the needs of a civil- works constructor or even a different civil engineer. Because each geotechnical-engineering study is unique, each geotechnical- engineering report is unique, prepared solely for the client. Those who rely on a geotechnical-engineering report prepared for a different client can be seriously misled. No one except authorized client representatives should rely on this geotechnical-engineering report without first conferring with the geotechnical engineer who prepared it. And no one – not even you – should apply this report for any purpose or project except the one originally contemplated. Read this Report in Full Costly problems have occurred because those relying on a geotechnical- engineering report did not read it in its entirety. Do not rely on an executive summary. Do not read selected elements only. Read this report in full. You Need to Inform Your Geotechnical Engineer about Change Your geotechnical engineer considered unique, project-specific factors when designing the study behind this report and developing the confirmation-dependent recommendations the report conveys. A few typical factors include: • the client’s goals, objectives, budget, schedule, and risk-management preferences; • the general nature of the structure involved, its size, configuration, and performance criteria; • the structure’s location and orientation on the site; and • other planned or existing site improvements, such as retaining walls, access roads, parking lots, and underground utilities. Typical changes that could erode the reliability of this report include those that affect: • the site’s size or shape; • the function of the proposed structure, as when it’s changed from a parking garage to an office building, or from a light-industrial plant to a refrigerated warehouse; • the elevation, configuration, location, orientation, or weight of the proposed structure; • the composition of the design team; or • project ownership. As a general rule, always inform your geotechnical engineer of project changes – even minor ones – and request an assessment of their impact. The geotechnical engineer who prepared this report cannot accept responsibility or liability for problems that arise because the geotechnical engineer was not informed about developments the engineer otherwise would have considered. This Report May Not Be Reliable Do not rely on this report if your geotechnical engineer prepared it: • for a different client; • for a different project; • for a different site (that may or may not include all or a portion of the original site); or • before important events occurred at the site or adjacent to it; e.g., man-made events like construction or environmental remediation, or natural events like floods, droughts, earthquakes, or groundwater fluctuations. Note, too, that it could be unwise to rely on a geotechnical-engineering report whose reliability may have been affected by the passage of time, because of factors like changed subsurface conditions; new or modified codes, standards, or regulations; or new techniques or tools. If your geotechnical engineer has not indicated an “apply-by” date on the report, ask what it should be, and, in general, if you are the least bit uncertain about the continued reliability of this report, contact your geotechnical engineer before applying it. A minor amount of additional testing or analysis – if any is required at all – could prevent major problems. Most of the “Findings” Related in This Report Are Professional Opinions Before construction begins, geotechnical engineers explore a site’s subsurface through various sampling and testing procedures. Geotechnical engineers can observe actual subsurface conditions only at those specific locations where sampling and testing were performed. The data derived from that sampling and testing were reviewed by your geotechnical engineer, who then applied professional judgment to form opinions about subsurface conditions throughout the site. Actual sitewide-subsurface conditions may differ – maybe significantly – from those indicated in this report. Confront that risk by retaining your geotechnical engineer to serve on the design team from project start to project finish, so the individual can provide informed guidance quickly, whenever needed. ---PAGE BREAK--- This Report’s Recommendations Are The recommendations included in this report – including any options or alternatives – are confirmation-dependent. In other words, they are not final, because the geotechnical engineer who developed them relied heavily on judgment and opinion to do so. Your geotechnical engineer can finalize the recommendations only after observing actual subsurface conditions revealed during construction. If through observation your geotechnical engineer confirms that the conditions assumed to exist actually do exist, the recommendations can be relied upon, assuming no other changes have occurred. The geotechnical engineer who prepared this report cannot assume responsibility or liability for confirmation- dependent recommendations if you fail to retain that engineer to perform construction observation. This Report Could Be Misinterpreted Other design professionals’ misinterpretation of geotechnical- engineering reports has resulted in costly problems. Confront that risk by having your geotechnical engineer serve as a full-time member of the design team, to: • confer with other design-team members, • help develop specifications, • review pertinent elements of other design professionals’ plans and specifications, and • be on hand quickly whenever geotechnical-engineering guidance is needed. You should also confront the risk of constructors misinterpreting this report. Do so by retaining your geotechnical engineer to participate in prebid and preconstruction conferences and to perform construction observation. Give Constructors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can shift unanticipated-subsurface-conditions liability to constructors by limiting the information they provide for bid preparation. To help prevent the costly, contentious problems this practice has caused, include the complete geotechnical-engineering report, along with any attachments or appendices, with your contract documents, but be certain to note conspicuously that you’ve included the material for informational purposes only. To avoid misunderstanding, you may also want to note that “informational purposes” means constructors have no right to rely on the interpretations, opinions, conclusions, or recommendations in the report, but they may rely on the factual data relative to the specific times, locations, and depths/elevations referenced. Be certain that constructors know they may learn about specific project requirements, including options selected from the report, only from the design drawings and specifications. Remind constructors that they may perform their own studies if they want to, and be sure to allow enough time to permit them to do so. Only then might you be in a position to give constructors the information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Conducting prebid and preconstruction conferences can also be valuable in this respect. Read Responsibility Provisions Closely Some client representatives, design professionals, and constructors do not realize that geotechnical engineering is far less exact than other engineering disciplines. That lack of understanding has nurtured unrealistic expectations that have resulted in disappointments, delays, cost overruns, claims, and disputes. To confront that risk, geotechnical engineers commonly include explanatory provisions in their reports. Sometimes labeled “limitations,” many of these provisions indicate where geotechnical engineers’ responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Geoenvironmental Concerns Are Not Covered The personnel, equipment, and techniques used to perform an environmental study – e.g., a “phase-one” or “phase-two” environmental site assessment – differ significantly from those used to perform a geotechnical-engineering study. For that reason, a geotechnical- engineering report does not usually relate any environmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated subsurface environmental problems have led to project failures. If you have not yet obtained your own environmental information, ask your geotechnical consultant for risk-management guidance. As a general rule, do not rely on an environmental report prepared for a different client, site, or project, or that is more than six months old. While your geotechnical engineer may have addressed groundwater, water infiltration, or similar issues in this report, none of the engineer’s services were designed, conducted, or intended to prevent uncontrolled migration of moisture – including water vapor – from the soil through building slabs and walls and into the building interior, where it can cause mold growth and material-performance deficiencies. Accordingly, proper implementation of the geotechnical engineer’s recommendations will not of itself be sufficient to prevent moisture infiltration. Confront the risk of moisture infiltration by including building-envelope or mold specialists on the design team. Geotechnical engineers are not building- envelope or mold specialists. Copyright 2016 by Geoprofessional Business Association (GBA). Duplication, reproduction, or copying of this document, in whole or in part, by any means whatsoever, is strictly prohibited, except with GBA’s specific written permission. Excerpting, quoting, or otherwise extracting wording from this document is permitted only with the express written permission of GBA, and only for purposes of scholarly research or book review. Only members of GBA may use this document or its wording as a complement to or as an element of a report of any kind. Any other firm, individual, or other entity that so uses this document without being a GBA member could be committing negligent Telephone: 301/565-2733 e-mail: [EMAIL REDACTED] www.geoprofessional.org ---PAGE BREAK--- Sample City of Albany Professional Services Agreement Pursuant to Section 8 of this RFP, all prospective proposers are required to review the following Sample Professional Services Agreement. All requests for revisions shall be made in prior to the proposal submission. ---PAGE BREAK--- 1 AGREEMENT BY AND BETWEEN THE CITY OF ALBANY AND FOR THE PROVISION OF PROFESSIONAL ENGINEERING SERVICES This Agreement made 2021 (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”) , a New York corporation with its principal offices located at (hereinafter referred to as “CONSULTANT”). The CITY and CONSULTANT may collectively be referred to as the “Parties,” or individually as a “Party.” WITNESSETH WHEREAS, the CITY issued a Request for Proposals numbered 2020:43 and dated December 10, 2020 (hereinafter referred to as “RFP”, which is incorporated herein as Exhibit A and made a part of this Agreement) for the provision of professional engineering services in connection with the Slope Stabilization Project - Hillcrest Avenue And Northern Boulevard; and WHEREAS, the CONSULTANT submitted a Proposal dated January 5, 2021 (hereinafter referred to as the “Proposal”, which is incorporated herein as Exhibit B 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 Slope Stabilization Project - Hillcrest Avenue And Northern Boulevard as forth in the CITY’s RFP numbered 2020:43 and dated December 10, 2020, a copy of which is incorporated herein as Exhibit A, and the Scope of Services as more specifically set forth in the CONSULTANT’s Proposal, a copy of which is incorporated herein as Exhibit B. 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 commence on EFFECTIVE DATE and expire after 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. 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 V. 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 VI. COPYRIGHT AND OWNERSHIP OF DOCUMENTS CONSULTANT agrees that any work eligible for copyright protection under any U.S. or foreign law and prepared by CONSULTANT for the CITY shall be a work made for hire and ownership of all copyrights (including renewals and extensions therein) shall vest in the CITY. In ---PAGE BREAK--- 3 the event that such work prepared by CONSULTANT for the CITY is deemed not to be a work made for hire for any reason, CONSULTANT hereby irrevocably grants, transfers, and assigns to the CITY all right, title, interest, and copyrights in such work including all renewals and extensions thereof. CONSULTANT hereby agrees to reasonably assist the CITY in the establishment, preservation, and enforcement of its copyrights in such work without any additional compensation to CONSULTANT. CONSULTANT waives all rights of identification of authorship including rights of approval, restriction, or limitation on use or subsequent modifications. A. All documents, including original drawings, estimates, specifications, field notes, and data prepared and furnished by CONSULTANT pursuant to this Agreement shall be the property of the CITY. B. This Article shall survive termination of the Agreement. ARTICLE VII. 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. ARTICLE VIII. 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 IX. 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. ---PAGE BREAK--- 4 ARTICLE X. 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 and Errors and Omissions/ Professional Liability Insurance policies. 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: i. Workers' Compensation and Employer’s Liability Insurance: Must show evidence of Worker’s Compensation insurance of at least five hundred thousand dollars ($500,000), 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 one million dollars ($1,000,000) per occurrence and two million dollars ($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 two million dollars ($2,000,000.00). 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 ---PAGE BREAK--- 5 iv. 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 one million dollars ($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 one million dollars ($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. v. Excess/Umbrella Insurance: A policy or policies of insurance with limits of two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate; vi. Pollution Liability Insurance: A policy or policies of pollution liability insurance of liability limits of two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate; and 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 XI. 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 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 XII. CONFIDENTIALITY The CONSULTANT shall keep confidential and shall not 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 ---PAGE BREAK--- 6 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 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. 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 December 10, 2020; and B. The Proposal dated January 5, 2021. 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 December 10, 2020; and C. The Proposal dated January 5, 2021. 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. ---PAGE BREAK--- 7 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: With a copy to: Corporation Counsel Department of Law City Hall, Room106 Albany, New York 12207 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. ---PAGE BREAK--- 8 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. 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. ARTICLE XXII. COUNTERPARTS, FACSIMILE AND ELEXTRONIC COPIES This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Any facsimile or electronically transmitted copies hereof or signature hereon shall, for all purposes, be deemed originals. 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 2021, 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 2021, 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 ---PAGE BREAK--- 12 EXHIBIT C