Design Agreement for Clarkstown Flood Mitigation Study in New York Division

The New York State Thruway Authority (NYSTA) is seeking to retain a qualified firm to provide a flood mitigation drainage study and preliminary and advanced engineering design services for the Hackensack River crossing of the New York State Thruway Interstate I-287 @ M.P. 19.51 in Clarkstown, New York. The preliminary design will be coordinated with the proposed upstream development at Lake Deforest Dam and will consider the constraints posed by the adjacent Conrail Railroad.

The engineering firm will complete preliminary engineering (Phase I-IV) in accordance with the New York State Department of Transportation (NYSDOT)Project Development Manual.  Design shall be performed in accordance with NYSDOT Highway Design Manual, NYSDOT Structures Manual, NYSDOT Hydraulic Vulnerability Manual (2022), and other relevant NYSTA and NYSDOT Manuals and guidance, the appropriate American Association of State Highway and Transportation Officials (AASHTO) publications, the Federal Highway Administration (FHWA), the U.S. Army Corps of Engineers (USACE), the National Resource Conservation Service (NRCS), and the U.S. Geological Survey (USGS) manuals and guidance. The Consultant shall document prior project experience with hydrologic and hydraulic modeling and flood analysis.

Work under this agreement will include, but not limited to:

Site investigation, hydrologic and hydraulic modeling, flood analysis and concept scoping, preliminary engineering design and State Environmental Quality Review (SEQR).

The estimated value of this agreement is $500,000. The duration of this agreement is two (2) years, and the Authority shall have the option, in its sole discretion, to extend this agreement for one (1) additional one (1) year term.

Any questions regarding requirements presented in this advertisement must be addressed to one of the Authority individuals listed below.

In order for a firm’s Letter of Interest (LOI) to be considered by the Authority, the following three (3) points must be met. If any of these three (3) points are not met, the LOI will not be reviewed, and the firm will not be considered for selection.

1. The LOI shall be no more than three (3) standard single-spaced typewritten pages, using a 10 point or greater Arial (not Arial Narrow) font (line spacing and text), with a minimum ½ inch margin on all sides. Font scaling shall be set to one hundred percent (100%). Font spacing shall be set to “normal.”
2. All firms listed in the LOI must be currently registered with the NYS Department of State and must be able to conduct business in New York State.
3. Where professional services (including engineering, architecture, and survey) are required, all firms listed in the LOI must be currently registered with the New York State Department of Education, Office of the Professions to practice in New York State, and must be able to legally provide professional services in NYS under the name as stated in the LOI (see below for additional details). If a firm will not be providing professional services, it must be clearly noted.

Submittal Package

There are two options to submit the LOI:

Either one original and one electronic copy on a flash drive of the LOI can be submitted. Use staples only (do not use binders or covers when submitting a LOI).

Or an electronic mail submission which is encouraged. If submitting via e-mail, only one copy is required.

The LOI must be submitted as a single, three-page pdf. In addition to the three-page LOI, firms are required to submit a one-page organizational chart that shows the major activities proposed as well as the individuals or firms with primary responsibility for each activity. The following forms must be completed by the prime consultant and submitted with the LOI:

• A State Finance Law §§ 139-j and 139-k Contractor Disclosure of Prior Non- Responsibility Determinations Form (TA-W3053-9) and,
• A Certificate of Compliance with the Authority Guidelines Regarding Permissible Contacts During a Procurement and the Prohibition of Inappropriate Lobbying Influence (TA-W2111-9) for your firm.
• These forms are available at http://www.thruway.ny.gov/business/consultan ts/forms/index.html#law. Do not staple these forms to the letter of interest. If submitting electronically, these items should be submitted in a second pdf, separate from the LOI.
• An interested firm and any proposed sub-consultants and sub-contractors that the firm is proposing to use on this agreement must also have a Standard Form Standard Form (SF) 330 (ONLY PART 2), Architect-Engineer and Related Services Questionnaire on file with the Authority. If the firm has previously submitted the SF 330 to the Authority and such form will be less than one-year old on the date when the LOI is due, the firm does NOT need to send another copy. All SF 330s must include the firm’s Federal ID number in Box #1. If submitting an SF 330, please enclose only one copy and do not staple it to the LOI. If submitting electronically, the SF 330 should not be included as part of the LOI pdf. The SF 330 form is available on the Authority’s website at: http://www.thruway.ny.gov/business/consultants/forms/index.html

LOI Requirements/Content

The LOI should include the items listed below, which form the basis for the firm’s evaluation score.

• An explanation of the prime consultant’s understanding of the assignment.
• The names of any other firms that will be involved in this agreement, the work to be completed by each firm, and the estimated percentage of work to be assigned to each firm. The firm names used in the LOI must exactly match the name on record with the Department of State. Scoring of the LOI may be negatively affected if the correct name is not used in the LOI.
• The names and qualifications of the proposed staff members (prime consultant, sub-consultants, and sub-contractors) who will be used on this agreement, including relevant assignments, roles, and completion dates.
• For each proposed staff member, include any current assignments that require twenty (20) percent or more of the individual’s time. If a staff member is working on fewer than two assignments that meet the 20 percent threshold, the firm shall list at least two of that person’s largest assignments. For each of the assignments, provide a description of the assignment, the person’s role, percentage of the person’s time, and completion date of the person’s work on that assignment.
• The Authority is committed to providing Minority-owned Business Enterprises (MBE), Women-owned Business Enterprises (WBE), Service-Disabled Veteran-owned Business Enterprises (SDVOB) with opportunities to participate in the Authority’s contracting and procurement processes in accordance with New York State Executive Law Articles 15-A,17-B, and all applicable federal and state laws, rules, regulations and Executive Orders, herein incorporated by reference.

The following goals have been established for this agreement:

Service-Disabled Veteran-Owned Set Aside: No

Total Overall MWBE Participation Goal: 30%

Service-Disabled Veteran-Owned Business Goal: 6%

Please ensure that the MWBE/SDVOB percentages are met. This includes all sub-consultants (including primary MWBE/SDVOB firms) and sub-contractors.

In order to encourage the use of MWBE/SDVOB firms that have limited Authority experience, a firm may include one or two “secondary” MWBE/SDVOB firms in the LOI. Submission of these “secondary” firms is not mandatory and they will not be evaluated/scored in the selection process. With approval from the Authority, these “secondary” MWBE firms will be included in the executed agreement. A brief explanation of the work that might be assigned to each firm should be included in the LOI.

• A certification that all prime consultant staff members and all employees of any proposed sub-consultants and sub-contractors who are former employees of the Authority or New York State and who will be performing work on this agreement are performing such services in accordance with the provisions of the Public Officers Law, other laws applicable to the service of current or former Authority or New York State employees, and/or the rules, regulations, opinions, guidelines or policies promulgated or issued by the New York Commission on Public Integrity.
• In accordance with State Finance Law §139-l, by submission of a LOI, each firm/proposer and each person signing on behalf of any firm certifies, under penalty of perjury, that the firm has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law. The LOI shall not be considered for selection, nor shall any award be made to a firm who has not complied with this requirement; provided, however, that if the firm cannot make the foregoing certification, such firm shall so state and shall furnish with the LOI a signed statement which sets forth in detail the reasons therefor.
• Firms are encouraged to visit the consultant section of the Authority's website at: http://www.thruway.ny.gov/business/consultants/guidelines.html for additional detail concerning the content of the LOI.

New York State Vendor Responsibility

• An interested firm and any sub-consultants and sub-contractors that the firm is proposing to use on this agreement must have completed a State of New York Vendor Responsibility Questionnaire using the Office of the State Comptroller’s New York State VendRep System (http:// osc.state.ny.us/vendrep/index.htm), within a year of when the LOI is due. A hard copy Questionnaire shall not be submitted with the LOI.
• Each firm submitting a LOI must verify and ensure that it and its proposed sub-consultants and sub-contractors have the required authorizations and certifications in order to practice engineering, surveying, and other licensed professions. (verification can be found by visiting http://www.op.nysed.gov) and to legally operate as a business in New York State (verification can be found by visiting http://www.dos.ny.gov). The firm and their proposed sub-consultants and sub-contractors names listed in the LOI shall appear exactly as they are registered to practice and operate as a business in New York State. Do not send the certifications with the LOI.
• Chapter 1 of the Laws of 2005, as amended by Chapter 596 of the Laws of 2005 (collectively referred to as the “Lobbying Law”), made major changes to the Legislative Law and State Finance Law relative to lobbying on government procurements. More specifically, the Lobbying Law created two new sections in the State Finance Law: Section 139-j addresses restrictions on “contacts” during the procurement process; and Section 139-k addresses the disclosure of contacts and the responsibility of bidders/proposers during the procurement process.

• The Lobbying Law applies to all procurements initiated on or after January 1, 2006. In this regard, a procurement means a contract or agreement involving an annual expenditure in excess of $15,000 for a commodity, service, technology, public work, or construction; purchase, sale or lease of real property; or revenue contract. This proposed agreement is subject to the provisions of the Lobbying Law. As such, firms are required to review the ‘Thruway Authority Guidelines Regarding Permissible Contacts During a Procurement and the Prohibition of Inappropriate Lobbying Influence (TAP-335)’. These Guidelines can be found on the Authority’s Website at http://www.thruway.ny.gov/business/consultants/forms/index.html

Additional Requirements

If applicable the following may apply:

• SPECIAL NOTE EMBODIED CARBON REPORTING and ENVIRONMENTAL PRODUCT DECLARATIONS (EPDs)

Projects must comply with all applicable New York State (NYS) laws and policies to reduce the embodied carbon in building and infrastructure projects, including New York State Executive Order 22 (2022). These laws and policies require Contractors to submit Environmental Product Declarations (EPDs) for certain building and construction materials supplied to State contracts. EPDs must be Product specific Type III (Third Party Reviewed), in adherence with ISO 14025 Environmental Labels and Declarations, ISO 14044 Environmental Management – Life Cycle Assessment, and ISO 21930 Core Rules for Environmental Product Declarations of Construction Products and Services. Supply Chain-specific data should be used when available. For permanently incorporated and temporary use construction materials manufactured and supplied for projects let after December 18, 2024, the Contractor shall ensure that all available EPDs are collected and submitted for asphalt mixtures, concrete mixtures (excluding precast), glass, and steel items when the quantity supplied to the project exceeds the values listed below. Units that are given in this document may differ from units listed in pay items and therefore, the Contractor must perform the necessary quantity conversion(s).

The Contractor is not required to develop an EPD if one has not been developed by or for the manufacturer or supplier.

For projects that are active during the State Fiscal Year (April 1 - March 31) and are expected or known to meet the minimum quantities for reporting over the duration of the entire project, the Contractor shall complete and submit a “Contractor EPD Material Reporting Form” (Excel .xlsx format). The form is available on the Thruway Authority website at https://www.thruway.ny.gov/business/contractors/forms/index.html#contractor. The Contractor must submit the Contractor EPD Material Reporting form and all EPD(s) collected for the project to the Authority by emailing them to CarbonReports@thruway.ny.gov, with the Contract D number in the subject line of all e-mails. Questions about completing the form can be directed to the same e-mail address.

• SPECIAL NOTE STATE PREVAILING WAGE RATES

The Contractor shall ensure that workers are paid the appropriate wages and supplemental (fringe) benefits. Throughout the contract, the Contractor shall obtain and pay workers in accordance with periodic wage rate schedule updates from the NYS Department of Labor (NYSDOL). Wage rate amendments and supplements are available on the NYSDOL web site at https://dol.ny.gov/bureau-public-work-and-prevailing-wageenforcement. All changes or clarification of labor classification(s) and applicability of prevailing wage rates shall be obtained in writing from the Office of the Director, NYSDOL Bureau of Public Work. The NYSDOL prevailing wage rate schedule for this contract has been determined and is available on the internet. The prevailing wage rate schedule is accessed by visiting the NYSDOL web site, navigating to the appropriate web page, and entering the Prevailing Rate Case No. (PRC#). The PRC# is provided on NYSDOL Form PW-200 included in this contract Proposal. A copy of the project specific prevailing wage rate schedule will be provided to the successful bidder upon award of the contract. Upon written request, the schedule will be provided by the Thruway Authority to prospective bidders without internet access.

The Thruway Authority is providing information regarding the new Public Work Contractor and Subcontractor Registry requirement recently enacted by New York State.

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

Private projects subject to Article 8 of the Labor Law include those covered by Labor Law Sections 224-a (public subsidy funded projects), 224-d (renewable energy systems), 224-e (broadband projects), 224-f (climate risk-related and energy transition projects and roadway excavations.)

The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are registered.

Contractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors also need to register before commencing new work on a covered project on or after December 30, 2024. The Thruway Authority encourages all contractors and subcontractors to register as soon as possible and obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule. Information required to register from the New York State Department of Labor’s website for this process can be found here: https://dol.ny.gov/contractor-and-subcontractor-landing. For any further questions you can also contact the Bureau of Public Work and Prevailing Wage at 518-457-5589.

Submit Electronically:

D215018@thruway.ny.gov. (Submissions will be locked to preserve the competitive process and only opened after the submission deadline has passed).