1. business and industrial
2. construction

BROOKLYN NAVY YARD DEVELOPMENT CORPORATION
REQUEST FOR PROPOSAL
FOR
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
1
BROOKLYN NAVY YARD DEVELOPMENT CORPORATION
REQUEST FOR PROPOSAL
FOR
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
I. INTRODUCTION
A.
Invitation
The Brooklyn Navy Yard Development Corporation (BNYDC) is seeking to retain a consulting
firm experienced in providing a full array of environmental planning, permitting,
investigatory/remedial consulting and emergency management services including environmental
fact finding, analysis, management and emergency management services, design and
specifications development, capital and expense budgeting and management services, contract
preparation and administration, capital management and reporting, program and construction
management and other services related to BNYDC’s FEMA funded, Capital and Facilities
Management Programs.
The selected firm will be required to perform the requisite program development and emergency
program response on an on-call basis including: planned and emergency remediation,
investigations and remedial designs, emergency clean-up response, development of construction
documents, preparation of related Permit Application(s), and participation in the Bid, Award, and
Construction Phases of FEMA funded, Capital and Facilities Management Projects.
The selected firm will be required to enter into three separate consulting contracts: one for
FEMA funded environmental projects, a second for Capital projects, and a third for Facilities
Management Expense projects. The scope of work of individual projects included within the
consulting contracts will be structured to conform to the funding schedule for the respective
Project. All work that is undertaken must be performed with minimal disruption to existing
tenants and in a manner that minimizes the potential for damage within a specific Project area.
Your firm is invited to submit a proposal for undertaking the services described in this Request
for Proposal (RFP). Women and minority owned businesses (MWBE’s) are encouraged to
respond. Proposers must identify in the Proposal whether any proposed sub-consultants are either
LBE’s or MWBE’s.
B.
Background/Site Description
The Brooklyn Navy Yard occupies Block 2023, Lots 1, 50 and 150. It is predominantly within a
M3-1 zoning district that permits both heavy and light manufacturing. BNYDC is a not-forprofit corporation whose mission is to improve the economic potential of Brooklyn by
developing and maintaining the former naval shipbuilding facility as a center for small and
2
medium sized businesses on behalf of its owner, the City of New York. The 300-acre site,
bounded by the East River, Navy Street, Flushing Avenue, and Kent Avenue, includes six dry
docks, five piers, and significant lengths of bulkhead. This RFP focuses on environmental
services that may be needed for projects throughout all areas of the Yard.
A site map of the yard is attached for your information.
NAVY YARD MAP
Figure 1
II. SCOPE OF WORK
The Project will be divided into three components based on the type of work. Individual projects
will require the consultant to secure sub-contracts with other service providers for laboratory testing,
sampling and analysis, environmental clean-up services, transformer removal services, material
identification and disposal, and etc. The basic components of the Project include: FEMA funded
projects, NY City and BNYDC funded Capital Projects, Facilities Management Projects at
BNYDC’s sole discretion:
3
A.
Tasks that could be included in the contract as FEMA funded Projects include:
• Assisting with design and specification development
• Development of Environmental Assessments
• Contract Administration Services
• Construction Management Services
• Emergency Services including responses to incidents such as:
a. Fire
b. Flood
c. Pestilence
d. Storage
e. Spills and/or releases of hazardous materials and/or wastes
f. Any other incidents deemed by the President to require emergency services
•
Voluntary Clean-up Agreement/Notifications
•
Preparation of individual Project Scopes
•
Engineering/Preparation of Construction Documents
•
Procurement and Project Management
•
Construction Supervision
•
Invoicing (NYCSBS/NYCDOS)
•
Response to Incidents during Building and/or Structural Rehabilitation Projects
•
Environmental Investigations
•
NY State DEC Coordination
•
Hazardous Waste Management (RCRA)
a. Manifest Tracking
b. Tax & Finance Reporting
c. Annual Hazardous Waste Reporting
d. Biannual Fee Reporting
e. Quarterly Hazardous Waste Reporting
• Hazardous Material Transportation (USDOT)
a. Hazardous Material Transportation Reports
b. Hazardous Material Program Fee(s) Annual/Triennial Reports
• Emergency Planning Committee Right TO Know (SARA)
4
a. Material Safety Data Sheet preparation
b. Tracking RTK Assessment Fee Program Reporting
• PCB Transformer Management (TSCA)
a. Disposal/Certificates of Destruction/Regulated Transformer & Oil Reports
b. Spill Cleanup Documentation
c. Disposal Reporting to NYCDEP (as needed)
B.
Tasks that could be included in the contract as BNYDC (or NYC) funded Capital Projects
include:
• Assisting with design and specification development
• Development of Environmental Assessments and/or Environmental Impact Statements
• Contract Administration Services
• Construction Management Services
• Emergency Services including responses to incidents such as:
a. Fire
b. Flood
c. Pestilence
d. Storage
e. Spills and/or releases of hazardous materials and/or wastes
f. Any other incidents deemed by the President to require emergency services
•
Voluntary Clean-up Agreement/Notifications
•
Preparation of individual Project Scopes
•
Engineering/Preparation of Construction Documents
•
Procurement and Project Management
•
Construction Supervision
•
Invoicing (NYCSBS/NYCDOS)
•
Response to Incidents during Building and/or Structural Rehabilitation Projects
•
Recycling Program Development
•
Environmental Investigations
•
Dredging/Planning, Investigation and Implementation
•
NY State DEC Coordination
5
•
Hazardous Waste Management (RCRA)
a. Manifest Tracking
b. Tax & Finance Reporting
c. Annual Hazardous Waste Reporting
d. Biannual Fee Reporting
e. Quarterly Hazardous Waste Reporting
• Hazardous Material Transportation (USDOT)
a. Hazardous Material Transportation Reports
b. Hazardous Material Program Fee(s) Annual/Triennial Reports
• Emergency Planning Committee Right TO Know (SARA)
a. Material Safety Data Sheet preparation
b. Tracking RTK Assessment Fee Program Reporting
• Industrial Boiler Permitting (CAA)
a. State Facility Permit for Small Industrial Boilers/Title V (CCA)
b. Air Emissions Tracking Reports
c. Oxides of Nitrogen Tracking Reports
d. Emissions Tracking
• PCB Transformer Management (TSCA)
a. Disposal/Certificates of Destruction/Regulated Transformer & Oil Reports
b. Spill Cleanup Documentation
c. Disposal Reporting to NYCDEP (as needed)
C.
Tasks that could be included in the contract as Facilities Management Projects are:
•
•
•
•
Acquisition and maintenance of environmental permits for air, water, sewer, underground
and aboveground storage tanks for BNYDC.
Provision of assistance to BNYDC with operations of existing or proposed tenants.
Provision of assistance in maintaining existing permits and filings for air, water, sewer,
hazardous materials and wastes.
Emergency Services including responses to incidents such as:
a. Fire
b. Flood
c. Pestilence
d. Storage
e. Spills and/or releases of hazardous materials and/or wastes
f. Any other incidents deemed by the President to require emergency services
•
Bulk Petroleum Storage Management
•
Underground Storage Tank management
a. Response to regulatory reporting requirements
b. Building #74 – 1,200 and 2,000 gallons (Gasoline)
c. Registration, Inventory record keeping, Corrosion Protection testing, Monitoring
Equipment and Tightness Tests
6
d. Physical Inspection – Annual, 5-Years (Tightness Testing)
•
Aboveground Storage Tanks
a. Response to regulatory reporting requirements
b. Building #594 - 3 x 5.000 gallons (Diesel - Monthly - Inspection)
c. Building #41A - 2 x 12.5000 gallons (No.2 Fuel Oil 1 x 15.000 gallons (No.2 Fuel Oil)
d. Building #270 - 1 x 7,000 gallons (No. 2 Fuel Oil)
•
Review of Tenant Spill Prevention Countermeasure Control Plans (RCRA)
•
Inspections – Transformers, Underground Storage Tanks and Aboveground Storage
Tanks, Inventory Control and Monitoring, Tracking
•
Voluntary Clean-up Agreement/Notifications
•
Environmental Impact Statements
•
Preparation of Individual Project Scopes
•
Engineering/Preparation of Construction Documents
•
Procurement and Project Management
•
Construction Supervision/Oversight
•
Buildings and Structural Rehabilitation Review
•
Hazardous Materials Management
•
Recycling Programs
•
Environmental Investigations (Property Management)
•
NY State DEC Coordination
•
Hazardous Waste Management (RCRA)
a. Manifest Tracking
b. Tax & Finance Reporting
c. Annual Hazardous Waste Reporting
d. Biannual Fee Reporting
e. Quarterly Hazardous Waste Reporting
• Hazardous Material Transportation (USDOT)
a. Hazardous Material Transportation Reports
b. Hazardous Material Program Fee(s) Annual/Triennial Reports
• Emergency Planning Committee Right TO Know (SARA)
a. Material Safety Data Sheet preparation
b. Tracking RTK Assessment Fee Program Reporting
c. Annual Reporting Requirements
7
• Industrial Boiler Permitting (CAA)
a. State Facility Permit for Small Industrial Boilers/Title V (CCA)
b. Air Emissions Tracking Reports
c. Emissions Tracking
d. Annual Reporting and Maintenance of Emission Statements
• NYCDEP Bureau of Air Resources - Testing required of all boilers (DEP) Maintenance
Logs/Certificate posting.
a. Building 542/Substation C - Emergency Generators
b. Building #234 Boiler
c. Building #41A Boilers Triennial Inspections and Performance
d. Building #270 Boiler Tri-annual Certification
• PCB Transformer Management (TSCA)
a. Rehabilitation/Repairs
b. Disposal/Certificates of Destruction/Regulated Transformer & Oil Reports
c. Spill Cleanup Documentation
d. Disposal Reporting to NYCDEP (as needed)
• New Permits
a. SPEDES
b. Air Permit Information Submission
III COST
A.
Cost of Services
BNYDC expects to award up to three contracts to the selected consultant(s) for the services,
one for each of the funding sources as listed above. Each contract will be in an amount not to
exceed $300,000 and will be valid for a period of three years. BNYDC expects to expend no
more than $100,000 per year for each of the three contracts. At BNYDC’s discretion, the
time of performance of each contract may be extended for one year to allow for the
completion of projects assigned to the Contract or to allow funding allocation to be fully
expended.
The consultant shall submit a proposed staffing plan as a part of the Technical Proposal
which lists all personnel that will be assigned to the project(s) and shall list their respective
rates of pay. The staffing plan shall be submitted on the form attached hereto and filled out in
its entirety. The staffing plan must be included in the firm’s fee for the services and will be
evaluated with the Technical Proposal Evaluation as described in Subsection B.
IV.
Proposal Evaluation
A.
Selection Process
8
1.
2.
Selection Process: A BNYDC evaluation committee, will review, evaluate and
score all proposals. The selection of the consultant will be based upon an
evaluation of the following:
a.
Familiarity with the proposed services;
b.
Related experience in providing environmental services on projects of
similar scope, purpose, size and complexity;
c.
Management Plan and approach to providing services on the project;
d.
Firm's general organization and experience; specifically, prior experience
with public sector clients;
e.
Qualifications and relevant experience of Principal and staff assigned to
project;
f.
Experience of any sub-consultants; and
g.
References from Clients on completed projects of similar scope and
complexity.
Selection: Upon selection, the successful proposer shall execute a Consultant
Services Contract substantially in the form as attached hereto. The contents of the
selected proposal, together with this RFP and any formal questions and answers
provided during the proposal process, will be incorporated into the final contract
at BNYDC's discretion.
A BNYDC Evaluation Committee will evaluate all proposals submitted in
accordance with the requirements of this RFP. The Committee will review,
evaluate and numerically score all Technical Proposals in accordance with
established qualitative and quantitative criteria (see Subsection B below and
Section V). This evaluation and scoring will determine the proposer’s Technical
Rating. Some proposers may be invited for interviews for the purpose of
clarifying their Technical Proposals, after which their Technical Ratings will be
reviewed. Proposers will be ranked in accordance with the Total Evaluation
Score.
B.
Technical Proposal Evaluation Criteria
The Technical Proposal evaluation criteria will be as follows:
1.
Proposed concept/approach for delivery of prescribed services;
9
2.
Firm’s conceptual understanding of the proposed Project, adequacy of the
technical proposal, and conveyed knowledge of the rules and regulations
governing environmental investigations, design, and permitting in the City/State
of New York and all other provisions of this RFP;
3.
Project-related experience especially with environmental investigations and
provision of environmental services;
4.
Principal and Project Manager's Qualifications;
5.
Firm's general organization, experience and staff to be assigned to the Project;
6.
Experience of proposed staff that will be assigned the project; especially with
providing on-call services.
7.
Experience with MWBE contracting;
8.
Staffing cost for the provision of the described environmental services.
Each of the above evaluation criteria is weighted by a factor of importance that will remain
confidential.
C.
Fee
The Proposer determined by BNYDC to have the best combination of Total Technical
Score and Fee will be offered the Project.
D.
Selection
Upon selection, the successful proposer must execute a Contract for Consultant Services
substantially in the form as attached hereto. The contents of the selected proposal,
together with this RFP and any formal questions and answers provided during the
proposal process, may be incorporated into the final contract at BNYDC's discretion.
V. PROPOSAL REQUIREMENTS
A.
Proposal Subdivisions
Each consultant responding to this request shall submit by the submission deadline date
two sealed packages containing the following items:
1.
Technical Proposal: The Technical Proposal shall be submitted in a
separate sealed package and shall include the information outlined in
Subsection B below. The technical proposal shall not include any fee or
other consultant costs required for the performance of the project. The
10
Technical Proposal shall also contain a Time Proposal for completion of
discrete components of the Project.
2.
B.
Fee Proposal: The Fee Proposal, as described in Subsection C below, shall
be submitted in a separate sealed package.
Technical Proposal
Each Technical Proposal must contain the following information:
1.
Cover Letter
The cover letter should summarize the respondent’s understanding of the Project,
and ability to provide the services required for the Project. The cover letter must
also include the company name and address, and the name, address telephone
number and e-mail address of the person authorized to represent the responding
firm.
2.
3.
Previous Experience:
a)
The firm’s brochure;
b)
Documentation of the firm’s experience in providing consulting
services to clients with projects similar in size, cost and/or type.
For each project, identify the design duration and a client reference
with phone numbers;
c)
Indication of the proposed Principal-in-Charge and the project
manager for the subject project;
d)
Minimum of three client references for projects most relevant to
this submission that were completed within the past five years.
Provide name, telephone number and e-mail for each reference.
Project Team:
Provide an organizational chart and qualifications of the proposed project team
including any sub-consultants. Include resumes for the proposed Principal-inCharge, Project Manager and key staff for the respondent’s firm as well as all
sub-consultants, highlighting relevant qualifications. Any changes to the project
team subsequent to the submittal of the Proposal must meet with BNYDC’s
approval.
4.
Schedule
Provide a statement of availability of the proposed team that will be assigned to
complete the services under this contract.
11
5.
Additional Requirements
a)
b)
c)
C.
Signed Declaration of Understanding;
Confirmation of VENDEX Compliance
Local Law 34 Doing Business Data Form
Fee Proposal and Staffing Schedule
Proposers must submit a fee for completion of this project in its entirety,
including overhead and profit. A staffing schedule, including staff cost, overhead,
and profit must also be presented along with the fee schedule. The consultants
staffing schedule of hourly rates and the fee for work on the project must include:
the hourly rate at each salary level, overhead and profit multiplier used and the
product of Direct Total Labor (DTL) times the multiplier for each employee to be
assigned to the project. Note: Principals are not entitled to a multiplier. All Subconsultants must also submit a complete fee and staffing schedule in the same
form that is required of the prime consultant.
VI. ADMINISTRATION AND CONDITIONS
A.
Administration
1.
Submission Deadline:
a)
Proposers shall deliver six (6) hard copies of the Technical Proposal plus
any attachments, exhibits or appendices, one (1) PDF version of the
Proposal and one (1) hard copy of the Fee Proposal form on or before
12:00 noon, May 28, 2015. Any Proposal received after the deadline will
be considered for evaluation solely at the discretion of BNYDC.
b)
The proposals shall be delivered to:
James Corley Jr., Vice President Construction Management
Brooklyn Navy Yard Development Corporation
Building 292, 3rd Floor
63 Flushing Avenue, Unit 300
Brooklyn, N.Y. 11205
3. Inquiries: Any explanation desired by proposer regarding the meaning or interpretation of
this RFP must be requested in writing and received by BNYDC no later than one week
prior to submission date. BNYDC will evaluate the need to respond to inquiries, and, in
general, no oral responses will be provided, and any information given to a prospective
propose will be furnished to all prospective proposers as an addendum to the RFP. Except
as provided below, all questions must be directed ONLY to:
12
James Corley Jr., Vice President Construction Management
Brooklyn Navy Yard Development Corporation
Brooklyn Navy Yard Development Corporation
Building 292, 3rd Floor
63 Flushing Avenue, Unit 300
Brooklyn, N.Y. 11205
Tel: (718) 907-5942
e-mail: [email protected]
3.
Pre-Submission Conference:
A MANDATORY Pre-Submission Conference will be held at 11:00 a.m. on
May 7, 2015 at the above address. Any firm that fails to attend the
conference will not be permitted to submit a Proposal.
B.
4.
Addenda: Receipt of an addendum to this RFP by a proposer must be
acknowledged by attaching a signed copy of the addendum to the proposal. All
addenda shall become a part of the requirements for this RFP.
5.
RFP Schedule: The following is the estimated timetable for receipt, evaluation,
and selection of proposals. This is only an estimate and is provided to assist
responding firms in planning.
a)
Mandatory Pre-submission Conference: May 7, 2015,
11:00 a.m.
b)
Proposal Submission Deadline: May 28, 2015, 12:00 noon.
c)
Select Consultant within 4 weeks of Submission Deadline.
d)
Complete Contract processing within thirty (30) days from date of
Consultant selection, pending VENDEX approval.
e)
Commence work immediately upon Contract signing.
Conditions of Proposal Submissions
1. Non-binding Acceptance of Proposals: This RFP does not commit BNYDC to
award a contract for any services.
2. Incurring Proposal Costs: BNYDC is not liable for any costs incurred in the
preparation of a response to this RFP.
13
3. Modifications: Proposers may be asked to make such revisions, additions, or
deletions to their proposals as may be required by BNYDC.
4.
5.
Reserved Rights: All proposal material submitted becomes the property of
BNYDC; BNYDC reserves the right at its sole discretion to:
a)
Reject any and all proposals received in response to this RFP at any time
prior to signing of the Contract;
b)
Award a contract to other than the lowest fee proposer;
c)
Waive, modify or correct any irregularities in proposals received, after
notification to the respondent;
d)
Change the structure of the proposed fee, if such is in the interest of
BNYDC;
e)
Negotiate the final scope, staff participation, and fee before entering into
contract with successful respondent;
f)
Revise the fee as BNYDC may require subsequent to receipt of a
competitively bid proposal for the work of construction;
g)
Extend the time for submission of all proposals after notification to all
prospective proposers;
h)
Terminate negotiations with a selected respondent and select the next most
responsive respondent, or take such other action as deemed appropriate if
negotiations fail to result in a signed contract within a reasonable amount
of time from the commencement of negotiations;
i)
Terminate or modify the RFP process at any time and reissue the RFP;
j)
Approve or reject any sub-consultants proposed by the consultant; and
k)
Request a change of any sub-consultant at any time in the contract
process.
Contractual Requirements:
a)
Any firm awarded a contract as a result of this RFP will be required to
sign a contract substantially in the form as attached hereto.
14
b)
Any information which may have been released verbally or in writing
prior to the issuance of the RFP shall be deemed preliminary in nature and
bind neither BNYDC nor the respondent.
c)
Any firm awarded a contract as a result of this RFP will be required to
obtain clearance through the City’s Vendor Information Exchange System
(VENDEX). Since VENDEX clearance is a pre-requisite to BNYDC’s
award of a contract, Proposers are urged to submit a completed VENDEX
form to the Mayor’s Office of Contract Services prior to submitting their
response to this RFP.
d)
Notice to Vendors: Pursuant to Local Law 34 of 2007, amending the City's
Campaign Finance Law, the City is required to establish a computerized
database containing the names of any "person" that has "business dealings
with the city" as such terms are defined in the Local Law. In order for the
City to obtain necessary information to establish the required database,
vendors responding to this solicitation are required to complete the
attached Doing Business Data Form and return it with this proposal. (If the
responding vendor is a proposed joint venture, the entities that comprise
the proposed joint venture must each complete a Data Form.) If the City
determines that a vendor has failed to submit a Data Form or has
submitted a Data Form that is not complete, the vendor will be notified by
the agency and will be given four (4) calendar days from receipt of
notification to cure the specified deficiencies and return a complete Data
Form to the agency. Failure to do so will result in a determination that the
proposal is non-responsive. Receipt of notification is defined as the day
notice is e-mailed or faxed (if the vendor has provided an e-mail address
or fax number), or no later than five (5) days from the date of mailing or
upon delivery, if delivered. Required form attached hereto.
15
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
TECHNICAL PROPOSAL - FORM FOR STAFFING PLAN
Submission:
The proposer shall submit this form as part of its Technical Proposal.
Staffing Plan: The proposer shall submit a Staffing Plan for the Project. In the space provided below,
the proposer shall identify the following: (1) Project Executive, (2) Key Management Personnel, and (3)
other Project Management Personnel Engineering and Scientific Staff. The Staffing Plan shall only
include personnel involved in the performance of environmental project management services. It shall
not include home office personnel or personnel performing home office functions. Home office
personnel and/or personnel performing home office functions shall be included as the proposer’s
overhead portion of the fee. Transportation for all staff from a proposers home office to the Brooklyn
Navy Yard shall also be included in proposer’s overhead portion of the fee.
Resumes: For all personnel included in the Staffing Plan, the proposer shall submit resumes detailing
managerial arid technical qualifications, as well as experience with similar projects.
Project Executive: The proposer shall identify the Project Executive. The Project Executive shall serve
as the Contractor’s principal representative with respect to its obligations under this contract. The Project
Executive shall be responsible for providing, on an as needed basis, executive or management expertise
and oversight with respect to the Project.
Project Executive: ________________________
Key Project Management Personnel: The proposer shall identify Key Project Management (PM)
Personnel for the Project. This means the team of specific PM personnel determined by the proposer to
be necessary for successful completion of the Project. Key PM Personnel shall provide services for the
entire duration of the Project (Investigatory and Management/Implementation Phases). The proposer may
add additional lines if necessary.
Key Project Management Personnel:
Title:
Name:
Fringe/%:
Rate/Hour:
Project Manager
_________________________
________
___________
Assistant Project Manager
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
16
Other Project Management Personnel: The proposer shall identify other Project Management (PM)
Personnel for the Project. This means PM personnel who will provide services that are supportive or
ancillary to the services provided by the Key PM Personnel. The proposer may add additional lines if
necessary.
Other Project Management Personnel:
Title:
Name:
Fringe/%:
Rate/Hour:
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
______________________
_________________________
________
___________
Certification
By signing in the space provided below, the proposer certifies that (1) the individuals proposed as Key
PM Personnel are currently employed by the proposer and (2) if an award of contract is made to the
proposer, it will assign such individuals to the Project as Key PM Personnel for the entire duration
thereof.
The proposer understands that if an award of contract is made, BNYDC was induced to make such award
based upon the proposer’s certification that it will assign to the Project the individuals proposed as Key
PM Personnel. The proposer further understands that failure to provide such individuals, as Key CM
Personnel shall be considered a material breach of the Contract and grounds for termination for cause.
If the proposer is unable to make the certification set forth above, it shall attach a signed statement
indicating why it is unable to make the certification.
Submitted by:
Authorized Signature, Title
Date
Consultant Firm
Business Address
City
State
Telephone Number
Zip
Fax Number
Federal Tax Identification Number
17
DECLARATION OF UNDERSTANDING
By signing in the space provided below, the undersigned certifies that the respondent (i)
has read and understands the scope and requirements of this project, as described in the RFP and
all attachments; (ii) has the capacity to execute this project, (iii) agrees to accept payment in
accordance with the requirements of this RFP and the standard Contract, attached hereto, and (iv)
will, if its proposal is accepted, enter into the attached Contract with the Brooklyn Navy Yard
Development Corporation.
The undersigned further stipulates that the information in his Proposal is, to the best of
his/her knowledge, true and accurate.
Authorized Signature, Title
Date
Print Name, Title
Consultant Firm
Business Address
City
State
Telephone Number
Zip
Fax Number
Federal Tax Identification Number
[ ] Corporation
[ ] Partnership
[ ] Individual
[ ] Other (State)
(Seal, if a Corporation)
18
CONFIRMATION OF VENDEX COMPLIANCE
The Proposer shall submit this Confirmation of Vendex Compliance
Name of Proposer: _______________________________________________
Proposer’s Address: ______________________________________________
Proposer’s Telephone Number: ____________________________________
Proposer’s Fax Number: __________________________________________
Date of Proposal Submission: _____________________________________
Project ID: ______________________________________________________
VENDEX Compliance: To demonstrate compliance with VENDEX requirements, the Proposer
shall complete either Section (1) or Section (2) below, whichever applies.
(1) Submission of Questionnaires to MOCS: By signing in the space provided below, the
Proposer certifies that as of the date specified below, the Proposer has submitted VENDEX
Questionnaires to the
Mayor’s Office of Contract Services, Attn: VENDEX,
253 Broadway, 9th Floor, New York, New York 10007.
Date of Submission: _______________________________________________
By: _____________________________________________________________
(Signature of Partner or corporate officer)
Print Name: _____________________________________________________
(2) Submission of Certification of No Change to BNYDC: By signing in the space provided
below, the Proposer certifies that they have read the instructions in a “Vendor’s Guide to
VENDEX” and that such instructions do not require the Proposer to submit VENDEX
Questionnaires. The Proposer has completed TWO ORIGINALS of the Certification of No
Change.
By: _____________________________________________________
(Signature of Partner or corporate officer)
Print Name:
____________________________________________
19
REQUEST FOR PROPOSAL
FOR
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
FEE PROPOSAL FORM
Environmental On-Call Services $______________
(______%)
(Multiplier)
$ ________________
(TOTAL COST)
Submitted by:
Authorized Signature, Title
Date
Consultant Firm
Business Address
City
State
Zip
Telephone Number
Fax Number
Federal Tax Identification Number
20
APPENDIX B
SCOPE OF SERVICES
As manager and operator of the Brooklyn Navy Yard Industrial Park, BNYDC must be
consistently prepared to provide a full array of environmental consulting and investigatory
services including environmental fact finding, analysis, management and emergency
management services, design and specifications development, capital and expense budgeting and
management services, contract preparation and administration, capital management and
reporting, program and construction management and other services related to BNYDC’s
Capital, Facilities Management and FEMA funded Programs at all times.
We will therefore enter into three contracts with an Environmental Consulting Firm to perform
the requisite program management and development services on an on-call basis including:
investigations and designs, development of construction documents, preparation of required
Permit Application(s), and participation in the Bid, Award, and Construction Phases of Capital,
Facilities Management and FEMA Projects.
The scope of work of individual projects that will become subject within the consulting contract
will be structured to conform to the funding schedule for the respective Project. All work that is
undertaken must be performed with minimal disruption to existing tenants and in a manner that
minimizes the potential for damage within a specific Project area.
The individual assignments within the project work shall include the following phases: (1)
Proposal (defining, identifying and quantifying the work), (2) Programming and Design
(investigation, reporting and work plan preparation), (3) Permitting (negotiations with regulatory
authorities), and (4) Construction (implementation and oversight of the work plan) for each
component of the Project.
I
PROPOSAL PHASE
A.
Submission Requirements
Each consultant shall submit his/her proposal indicating the approach to be followed in
responding to the provision of environmental on-call services. The submission shall
consider the objectives and conditions indicated in the RFP and the following Subsections
and demonstrate an understanding of BNYDC’s Project objectives. The proposal shall be
submitted in a descriptive manner and may include exhibits and examples describing the
proposer’s successful approach to providing environmental services.
B.
Basic Objective
21
The basic objective of the Project is to achieve the most cost effective manner of
providing the services under the above stipulations. While we are certain that this
objective is achievable, we are looking to retain a firm with a proven track record of
success that will complete the required tasks in the most efficient and economical means
possible. BNYDC is seeking the services of an experienced environmental consulting
firm with extensive experience with current state of the art processes for identifying and
solving environmental problems in an active multi-tenanted industrial/office park, which
includes any necessary sub-consultant(s) who represent excellence in design, state of the
art engineering, technology and chemical/materials identification.
The services needed for the Project will require consulting services that will extend from
individual conceptual design and programming, through completion of construction for
various Navy Yard Projects on an as needed basis. The Environmental Team shall be
multi-disciplinary, as required to perform all of the scientific/engineering, programming,
environmental, permitting, and other ancillary services necessary to complete individual
Projects.
Each Project will be broken into four major phases to conform to the timing of BNYDC’s
budget allocation for the work. The contracts within each phase will be developed,
packaged and bid to prevent disruption of tenant activities as much as possible during
implementation of the Project. In each instance, BNYDC will work with the consultant to
develop a program and work schedule that accomplishes this goal.
C.
Cost of the Project Work
Costs of individual services to complete components within the Project shall be
included in the proposal, which shall include all staff, overhead, and estimated
reimbursable costs. The fee for provision of services shall be fully defined as required.
D.
Funding
Project funding will be a combination of BNYDC operating and capital funding, and
may include various New York City, New York State and Federal funding sources on a
project-by-project basis. The budget for the Services is $300,000 per year; $100,000
for each of the three contracts.
E.
MWBE Participation
Women and Minority Owned Businesses (MWBE’s) are encouraged to respond.
Pursuant to Local Law 129, respondents must identify whether the proposer or any
proposed sub-consultants are MWBE’s in the proposal.
II.
Definitions
The following words shall have the following corresponding meanings:
22
“Agencies”
means
PDC, BBPO, DSBS, DCP, DEP, DPR, DOB,
NYCDOT, NYSDOS, NYFD, DOS, NYSDEC, and
any other Agencies, bureaus, departments, offices,
or other discreet entities of the City, New York
State or the United States which have jurisdiction
over any activities carried out in respect of the
Services and/or the Project and the Brooklyn
Community Board #2 which has an advisory role
“Borough”
means
The Borough of Brooklyn
”BBPO”
means
The Office of the Brooklyn Borough
President
“CEQR”
means
City Environmental Quality Review
“DCP”
means
The New York City Department of City
Planning
“DEP”
means
The New York City Department of
Environmental Protection
“DOS”
means
The New York City Department of
Sanitation
“DPR”
means
The New York City Department of Parks
and Recreation
“DSBS”
means
The New York City Department of Small
Business Services
“EAS”
means
Environmental Assessment Survey
“DOB”
means
The New York City Department of
Buildings
“DEIS and FEIS”
means
Draft and Final Environmental Impact
Statement
“FDNY”
means
Fire Department of New York
“Notice to Proceed”
means
Notice from the BNYDC to the
Consultant to proceed with the Services
“NEPA”
means
National Environmental Protection Act
23
”NYSDEC”
means
The New York State Department of
Environmental Conservation.
“NYCDOT”
means
The Department of Transportation of the
City of New York.
“NYSDOS”
means
The New York State Department of State
“The Project”
means
Environmental Consulting Services
“PDC”
means
The Public Design Commission of the City of New
York
”Reporting Period”
means
The thirty (30) day period following the
Commencement Date and each thirty (30)
day period thereafter during the term of
the contract, for which period the Consultant shall
report to the Corporation on the status of the Project
“Schedule”
means
The detailed Project Schedule.
“Utilities”
means
Any and all private or public utilities
affected by, or otherwise interested in,
the Project.
“ULURP”
III.
means
Uniform Land Use Review Procedure.
General Administrative Requirements
A.
Meetings and Correspondence
1.
The Consultant shall initiate, and function as coordinator for, all meetings
required in the performance of the Services and shall provide necessary
data and prepare appropriate presentations for these meetings.
2.
The Consultant and design team shall be available to meet with BNYDC,
DSBS, NYSDEC, USACE, NYSDOS, Community Board, PDC and other
involved agencies as often as is necessary to effectively perform the
Services.
3.
The Consultant shall manage the consulting team and coordinate the
activities of all engineers/scientists, technicians, experts or advisors (the
“subconsultants”) engaged by the Consultant to perform some portion of
the Services.
4.
The Consultant shall provide continuous liaison with BNYDC and, at the
direction of BNYDC, initiate and coordinate contacts among the various
24
City and other public Agencies, private utilities and other interested
groups. The Consultant shall prepare, coordinate approval of and distribute
all reports, minutes of meetings, correspondence, and related materials, as
required in the performance of the Services or as directed by BNYDC. The
minutes of meetings are to be formatted with the inclusion of columns
labeled “Action Required by” and “Due Date,” noting the firm/agency and
person required to perform an action and the date that the action must be
performed by for each item listed. The minutes are to be forwarded to
BNYDC for review no later than two (2) working days after the meeting.
The BNYDC’s comments are to be incorporated and final minutes are to be
distributed within two (2) working days to all meeting attendees.
B.
Scheduling and Project Management
1.
2.
Upon receipt of the Notice to Proceed, the Consultant shall be prepared to
submit to BNYDC, for approval, a detailed Work Plan (the “Work Plan”)
for the identified component Services that are required in connection with
the Project. The Work Plan shall include a bar chart schedule showing the
planned progress of the project component. The Work Plan shall include,
but not be limited to, the following:
a.
a detailed listing of all Tasks, sub-tasks, including approvals and
submittals, and milestones required in connection with the Project;
b.
the time necessary to complete the various Tasks, sub-tasks,
including approvals and submittals, and milestones;
c.
projected completion/target dates for all required Services;
d.
the interrelationship and dependency of the various elements of the
Work Plan; and
e.
all Contract times.
The Consultant shall submit monthly progress reports (the “Progress
Report”) to BNYDC. On the date which is one month after the
Commencement Date, and every month thereafter (each such month long
period being a “Reporting Period”), the Consultant shall analyze the
Project’s progress as it relates to the approved work plan and shall file
with BNYDC a Progress Report based on this analysis. The Progress
Report and documentation shall be submitted to BNYDC, for approval, no
later than two (2) working days following the close of the Reporting
Period. The report shall include, but not be limited to, the following:
a.
a narrative description of the Services performed during the
Reporting Period;
25
3.
b.
the actual time used for each Task and sub-task of the work plan in
relation to the Work Plan prepared as part of B. l. above;
c.
the reasons for any delays in the targeted completion dates;
d.
changes in completion/target dates for the required Services;
e.
the need and justification for any extensions of time;
f.
a narrative description of the Services projected for the next
Reporting Period;
g.
a revised work plan which reflects the Project’s current status at
the end of the Reporting Period;
h.
activities requiring decision or action by BNYDC and other
Agencies or groups shall be clearly indicated;
i.
copies of Timesheets of all personnel billing time to this project
during the Reporting Period shall be included.
The Consultant shall obtain and compile all pertinent specifications, laws,
rules, ordinances, standards and constraints mandated for the Project by any
Agencies or Utilities. All plans and specifications shall conform to the
standards and specifications of any such Agencies and Utilities.
The Following Specific Requirements pertain to tasks that may be assigned within
the Project Scope, especially when certain FEMA, Capital Improvement or
Dredging Projects are assigned to the consultant.
4. The Consultant shall plan and design all aspects of the Project with reference to
and in conformity with information and data as to existing site lines and grades
(or approved changes in legal grade), approved drainage plans, sewers,
subsurface structures and conditions and facilities, such as may be furnished by
BNYDC or obtained from any Agencies, Utilities and other sources, as well as
such information as may be obtained through site inspection of the Project
Area and from the Topographical and Utility Surveys and Subsurface
Investigation and all other relevant data. It shall be the Consultant’s
responsibility to secure all such data as may be required for informed planning
and proper coordination of the Project.
26
5. Drawings and specifications (if any) shall not violate Section 348 of the
Charter of the City of New York or any provisions of the Administrative Code.
In the event that the Consultant recommends a patented article, it shall notify
BNYDC in writing of such designated article.
6. The Consultant shall revise and correct, without additional compensation
therefore, any and all surveys, profiles, drawings, specifications, reports,
documents and other materials prepared by the Consultant in connection with
the Services, including the Final Design and all elements incorporated into the
Final Design, until the same shall receive final approval by BNYDC and by all
other Agencies and utilities whose approval is required. The Consultant shall
initiate all actions for incremental review of proposed designs, including all
follow-up meetings, as required, to expeditiously resolve all questions and
concerns and to obtain required approvals. The Consultant shall not make any
changes in the Scope of Services as outlined herein without prior written
authorization from BNYDC.
7. The Consultant shall prepare, submit, assemble, and reproduce the documents
required for construction portion of the Project (the “Contract Documents”) to
the extent provided below. The Contract Documents include: (1) relevant and
necessary plans and drawings; (2) relevant and necessary proposals for bids;
(3) relevant and necessary specifications; (4) all addenda issued prior to the
receipt of bids; (5) the form of service/construction contract; (6) all provisions
required by law to be included in the service/construction contract; (7) payment
and performance bonds; (8) the general provisions and conditions for the
service/construction contracts; and (9) all other supplementary or special
provisions or conditions. Items (1), (3) and (4) shall be prepared in the first
instance by the Consultant. The standard form of items (2), (5), (6), (7), (8),
and (9) shall be prepared in the first instance by BNYDC. The Consultant shall
review all of the Contract Documents and make recommendations for any
special conditions or other matters that it may be necessary or appropriate to
include in the Contract Documents. Unless otherwise directed by BNYDC, the
Consultant shall prepare separate bid packages for all services, and if required
to perform the services for general construction.
IV.
Specific Requirements
A.
The Services that may be required within the overall project shall be organized
into the following tasks (each “Task” and collectively the “Tasks”) as necessary:
Task No. 1
Task No. 2
Survey of Existing Conditions & Program
Requirements
Subsurface Investigation
27
Task No. 3
Task No. 4
Task No. 5
Task No. 6
Task No. 7
Task No. 8
Task No. 9
B.
Hydrographic Survey
Topographic Survey
Utility Survey
Environmental Survey
Contract Documents
Review and Analysis of Bids
Construction Management Services
The Consultant shall comply with the following detailed requirements specified
for Tasks 1-9:
TASK NO. 1: SURVEY OF EXISTING CONDITIONS AND PROGRAM
REQUIREMENTS
A.
The Consultant shall inspect the site and become familiar with its general
condition.
B.
The Consultant shall collect, organize, verify and review all pertinent information
necessary to prepare the design including, but not limited to:
1.
Existing topographic and utility surveys, studies, reports and proposals for
improvements in or adjacent to the Project Area. This shall include the
any archival reports and drawings stored by BNYDC for the existing
berths, subsurface utilities, duct banks, manholes and the site.
2.
Specific information and data about the Project Area including: historic
and archeological background, BNYDC’s projected plans for development
of new buildings and parking areas, spatial quality, site relationships and
linkages, and pedestrian/vehicular circulation.
3.
The standards, guidelines, and requirements of community, governmental,
public and private organizations with jurisdiction over various aspects of
the Project Area including any DCP Waterfront Zoning.
4.
NYSDEC requirements.
C.
The Consultant shall verify the accuracy of any existing survey information and
provide any additional survey information required to prepare the designs.
D.
The Consultant shall obtain, and become familiar with and incorporate as
appropriate, all applicable agency design directives, standard details,
administrative procedural and guidelines for the prosecution of the work under the
various elements of the Project.
28
E.
The Consultant shall prepare and distribute a letter to all applicable Agencies and
Utilities notifying them of the project intent and anticipated involvement required
of that agency or utility.
F.
The Consultant shall note any conditions encountered at the site, which may
impact on the successful completion of the Project.
G.
The Consultant shall review all documents assembled and shall note all data
which will impact on the Project.
H.
The Consultant shall work with BNYDC to determine program requirements for
the Project Area as necessary. This shall include meeting with members of
BNYDC’s Planning, Operations, Utilities, Technology, Leasing, Security and
Engineering staff and in addition with the current and future tenants of the sites if
directed by BNYDC
I.
The Consultant shall thoroughly investigate the functional needs of the site and
develop a program based on the Preliminary Program Requirements through
interviews and other appropriate means with BNYDC, and other agencies and/or
groups as directed by BNYDC.
TASK NO. 2:
A.
SUBSURFACE INVESTIGATION
The Consultant shall provide all necessary subsurface exploration within the
Project Area. The Consultant shall prepare and provide boring logs, technical
reports, and drawings as may be required by BNYDC and shall assess the results
of the subsurface exploration. In this respect, the Consultant shall:
1.
Obtain any existing boring information, and determine the need, if any, for
additional borings.
2.
Prepare a boring plan for the purposes of coordination; the plan shall
utilize the results of a plotted topographic survey as a base and shall
indicate the required number and type of borings. The boring plan shall be
presented to DSBS and other required Agencies, and BNYDC for
approval as appropriate. The Consultant shall contact all appropriate
Agencies, Utilities and BNYDC staff in order to determine that the boring
plan does not interfere with any existing facilities, such as gas lines,
telephone lines and other underground utility elements.
3.
Obtain all approvals and make all necessary arrangements to retain a
qualified Sub-consultant to obtain the required borings, all while
complying with all applicable City, State and Federal regulations. This
aspect of the Services shall include the following tasks:
29
a.
preparation of appropriate contract documents for provision of the
boring services by a Sub-consultant; print a minimum of six (6)
copies of the contract documents for
b.
distribution to prospective bidders, and print two (2) additional
copies for use by BNYDC;
c.
identify qualified prospective boring bidders, prepare and send a
minimum of three (3) invitations to bid and, if at least three (3)
bids to provide boring and/or pile testing services are not received,
solicit additional qualified bidders in order to insure the receipt of
at least three (3) responsible bids for the work unless otherwise
approved by BNYDC;
d.
review and analyze bid proposals received for the boring services
to determine adequacy of the equipment, technique and staffing
proposed by each bid; award a contract, upon approval of BNYDC
to lowest responsible bidder
4.
The accepted bid price for a Sub-consultant to obtain the required borings,
subject to the approval of BNYDC, be an Allowable Additional Cost
under the Contract.
5.
While complying with all applicable City, State and Federal regulations,
retain the services of a qualified soils laboratory to classify the soil
obtained from all soil samples in accordance with the unified soil
classification system.
6.
Obtain all Agency approvals.
TASK NO. 3: HYDROGRAPHIC SURVEY
A.
The contractor shall prepare a hydrographic survey as required in order to
establish existing water depths and mud-line conditions to the extent practical
under the retaining structures. The hydrographic survey shall be directed by
hydrographers certified by American Congress of Surveying and mapping
(ACSM) in compliance with quality standards prescribed in the US Army Corps
of Engineers hydrographic surveying manual.
TASK NO. 4: TOPOGRAPHIC SURVEY
A.
The Consultant shall prepare a topographic survey (the “Topographic Survey”) of
the Project Area. The Topographic Survey shall be prepared within the framework
of the following parameters:
30
1.
The Consultant shall establish both vertical and horizontal controls
through ground survey methods. The control survey shall be referenced to
the Borough of Brooklyn with all elevations referenced to established
borough benchmarks.
2.
The survey shall be plotted at the scale of 1″ = 20′ or at a scale approved
in advance by BNYDC. The topographical contour lines shall be plotted
at intervals of one foot with sufficient spot elevations to accurately
describe the terrain.
3.
The Topographic Survey shall locate all physical features within the
Project Area (or, where necessary, adjacent to the Project Area) needed to
produce a comprehensive design, including, but not limited to, the
following information:
a.
Established Bulkhead and Pier Line lengths, including interior
angles.
b.
Established legal grades of adjoining upland areas and streets.
c.
Legal widths of all pavements, sidewalks and sidewalk areas.
d.
Actual widths of all pavements, sidewalks and sidewalk areas.
e.
Identification of all streets, including “paper” streets, by name.
f.
Identification of all parking and public areas.
g.
Location, by station and offset, of all roadways, edges of
pavements, headers, curbs, drop curbs, pedestrian ramps,
sidewalks, driveways, distinctive/special sidewalk areas, and
traffic channelization (permanent and temporary), trees (including
caliper and edge distance to existing curb), and etc. including the
location of dry dock inlet, discharge, pump well or steam tunnel
foundations. Existing roadways, curbs, sidewalks and pavements
shall be identified by condition and type of materials.
h.
Location, by station and offset, and identification of all street
hardware including, but not limited to, manhole cover castings,
valve box cover castings, catch basins, inlets, utility chamber
covers, gratings, headwalls and pump well accesses.
i.
Location, by station and offset, and identification of all sidewalk
hardware including, but not limited to pump well or steam tunnel
vent openings, pump well or steam tunnel access openings,
31
hydrants, street lights, structural columns, fences and railings.
j.
Location, by station and offset, of all street encroachments
including, but not limited to, hedges, fences, grass areas, retaining
walls, protective railings and etc.
k.
Location, by station and offset, of all surface drainage elements.
5.
Horizontal locations shall be taken to the nearest tenth (1/10) of a foot.
6.
Vertical locations (elevations) shall be taken to the nearest hundredth
(1/100) of a foot (or as specified by BNYDC) longitudinally at fifty (50)
foot stations, as measured along the centerline baseline, and at all street
intersections, building lines at intersections, front and back edges or
ribbon sidewalk, and at the edge of the property as appropriate.
7.
Spot elevations shall be taken at all street surface hardware locations as
otherwise required for design.
8.
All BNYDC-owned street hardware, including manhole covers and
frames, inlets, catch basins, gratings, frames, curb pieces, traffic signs,
streetlights, meters and benches, shall be located by station and offset.
The condition of each shall be noted and the results presented in a tabular
format.
9.
All trees located within the Project Area shall be located by station and
offset. The size in caliper inches and condition if each shall be noted, and
the results presented in a tabular format.
10.
The Topographic Survey as herein stipulated shall include any relevant
building elevations adjacent to the project’s boundaries.
11.
All manholes and inlets/catch basin structures located within the Project
Area shall be located by station and offset. Each shall be visually
inspected. The condition of each shall be noted and the results presented in
a tabular format.
12.
Datum plane and coordinate system shall be that in use by the MBPO.
13.
All measurements shall be in the United States Standard of Measurements
except that legal mapped dimensions; base line dimensions and stationing
shall include metric equivalents in parentheses.
14.
All field notes shall be permanently bound, sharp, clear, crisp, cleaned and
“fixed”, dated, signed and sealed, in a format approved by BNYDC.
32
15.
The Consultant shall submit to BNYDC original survey notes, a summary
of survey procedures/instruments employed, survey control data,
discussion of survey accuracy, summary or survey control data, survey tieins, computer digitizer tapes and survey computations, which shall
become the property of BNYDC.
16.
The Consultant shall identify and provide BNYDC with copies of all
survey source material.
17.
All original Topographic Survey information shall be dated, signed and
certified by a licensed surveyor. The license seal of the surveyor and/or
registered professional engineer shall be shown on all plans, tracings and
tabulation sheets.
18.
The Consultant shall prepare a written summary concerning the
Topographic Survey. The Topographic Survey summary shall include,
but not be limited to, the following: a general description of the methods
utilized for the survey(s), such as ground control, flight and camera
information, all bench marks, monument lines, right-of-way lines and
datums utilized; detailed description of the established base lines;
discussion of the profiles; discussion of any/all topographic features which
may affect the proposed Project; and all original survey notes, aerial
manuscripts and computer tapes. In addition, it shall include the tabulated
tree inventory, street hardware inventory, drainage structure inventory and
vault/underground structures data.
TASK NO. 5: UTILITY SURVEY
A.
The Consultant shall prepare and plot a utility survey (the “Utility Survey”) for
the Project. The Utility Survey shall be prepared within the framework of the
following parameters:
1.
The Utility Survey shall locate all existing surface and subsurface utilities,
facilities and systems within the Project Area, including the identification
and location of:
a.
storm, sanitary, combined and interceptor sewers;
b.
water mains, gas mains and steam mains;
c.
electric and telephone conduits;
d.
utility chambers and vaults;
33
e.
utility poles and overhead electric facilities;
f.
other surface and subsurface facilities and appurtenances, as
required; and
g.
railroad and trolley tracks, rails, ties and foundations.
2.
The Consultant shall review all data obtained from any Agencies, Utilities,
governmental authorities and others, and shall coordinate/reconcile such
data with the Topographic Survey.
3.
The Consultant shall reconcile all discrepancies in the location and
identification of all subsurface elements between the Topographic Survey
and the utility records.
4.
The Utility Survey shall extend to the same boundaries as the Topographic
Survey.
5.
All field notes shall be permanently bound, sharp, clear, crisp, clean and
“fixed”, dated, signed and sealed, and in a format as approved by
BNYDC.
6.
The Consultant shall submit to BNYDC original survey notes and survey
computations, together with all public and private utility drawings, plans
and plates, which shall become the property of BNYDC.
7.
The Consultant shall plot the Utility Survey within the framework of the
following parameters:
7.
a.
The Utility Survey will be plotted on base maps, which have been
photographically reproduced from the “clean” topographic base
map. All Utilities shall be clearly delineated and identified.
b.
All plotting and drafting work shall conform to currently
applicable NYCDOT standards. In general this shall include
drawing in ink on an approved 24” x 36” reproducible drafting
film, to a scale of 1” = 20’, unless otherwise specified by BNYDC
c.
All Utility drawings shall utilize standard NYCDOT format, notes
and symbols.
d.
All printing and line work shall conform to current NYCDOT
standards for the drafting of drawings.
The Consultant shall prepare and submit a report concerning the Utility
Survey. The Utility Survey report shall include, but not be limited to, the
34
following: a general description of major Utilities located within the
Project Area; a description of proposed Utility improvements; description
of any major Utility interference problems which can reasonably be
expected based on existing data; and the impact that the Project will have
on existing/proposed Utilities.
TASK NO. 6: ENVIRONMENTAL SURVEY
A.
The Environmental Consultant shall perform Environmental tasks relative to the
Navy Yard’s obligation to the NYSDEC with regard to testing and sampling of
soils pursuant to the terms and conditions of the Voluntary Clean-up Agreement
(VCA) between BNYDC and the State.
B.
The Consultant will be required to subcontract all other services that may be
necessary to coordinate with the Environmental Consultant if and when
such coordination is required in order to comply with requirements of the VCA.
C.
Such coordination will include keeping the Environmental consultant advised of
all subsurface testing plans, specifications for the testing and the schedule for
implementation of testing plans.
D.
The Consultant will be required to subcontract all other services that may be
necessary to coordinate with the NYSDEC with regard to other Environmental
reporting required by their regular waterfront permitting process.
E.
For Dredging Projects, the Environmental Survey shall evaluate the water and the
sediment of the area to be dredged in order to determine the disposal
options/beneficial uses in the most cost effective way for the BNYDC. The testing
of sediment shall utilize both chemical and biological analyses as necessary, to
provide effects-based conclusions with regard to the potential contaminantrelated water column, benthic toxicity and benthic bioaccumulation impacts. The
testing and analyses of water and sediment samples shall intend to address:
1.
Water and sediment chemical evaluation.
a. To determine the chemical concentrations in the dredged material.
b. To determine the contaminant concentrations in the discharge or
reference sites.
c. To determine compliance with Water Quality Standards (WQS).
2.
Potential environmental Impact associated with dredging activity itself.
a. To determine the water column effects during the dredging activities.
b. To determine the benthic effects during the dredging activities.
3.
To determine the management options including the disposal/beneficial
use of the dredged material.
35
TASK NO. 7: CONTRACT DOCUMENTS
A.
Following approval by BNYDC and after the Consultant has acquired the
required written approvals from all required Agencies and Utilities, the
Consultant shall prepare all Contract Documents (“CD’s) that the Consultant is
required to prepare in a manner and form that enables BNYDC to award the
necessary contract(s) to execute the Project. The CD’s shall include final
instructions, drawings and specifications. The final drawings and specifications
shall include, but shall not be limited to, drawings and specifications for all
elements of the Project including any necessary equipment.
1.
The CD’s shall be coordinated so as to preclude, insofar as possible, the
necessity for design changes, adjustments or change orders during
construction. It shall be the responsibility of the Consultant to fully
coordinate the work so that construction conflicts among and with
adjacent the trades will be avoided. The coordination shall ensure the
maintenance of the integrity of the project.
2.
The work included in the CD’s shall include all necessary temporary
fixtures or appurtenances, which may be necessary to successfully execute
the project. The CD’s shall also include moveable equipment and all
necessary connections thereto. These shall be fully scheduled in the
drawings and specifications.
B.
The specifications shall include all addenda and bid sheets.
C.
Drawings and specifications for subsurface abatement will be provided by the
Consultant and either incorporated by the Consultant into the Final Document
Package or issued as a separate scope of work, as directed by BNYDC. Any
required abatement work will be developed as a result of a coordinated effort
between the Environmental consultant to ensure compliance with the
requirements of the VCA and the Consultants Environmental Sub-consultants in
the performance of any required subsurface abatement.
D.
The Consultant shall prepare and submit to BNYDC, for its acceptance, a prefinal and final estimate (hereinafter referred to as the (“Final Estimate of Costs”)
of the total cost of the Project, based upon the final drawings and specifications
for all work necessary for the complete construction of the Project. This shall
include quantities, unit prices, and amounts for all items required for the Project
in a format approved by BNYDC. The pre-final estimate shall include all
elements included in the Final Estimate of Costs and shall represent a level of
completion of the CD’s of approximately 95%.
E.
Upon completion of the CD’s, the Consultant shall prepare the Final estimate of
Costs and shall submit (2) two copies of the CD’s and Final Estimate of Costs to
36
BNYDC for review and comment.
F.
Plans and drawings in final form shall be on 24” x 36” sheets, or such other size
as may be approved by the BNYDC. The specifications and proposal for bids
shall be on 8 1/2” x 11” sheets.
G.
Following BNYDC’s review of the submitted CD’s, the Consultant shall make all
modifications required by BNYDC and shall submit the consolidated CD’s for
approval in writing to all required Agencies, including DSBS/DOB, NYFD, DEP,
NYSDEC, NYSDOS and any other applicable agencies
H.
The Consultant shall submit to all regulatory Agencies on a timely basis and at the
proper time for such submissions, all materials necessary for any required permit
applications.
I.
The Consultant shall then prepare, submit, assemble and reproduce the CD’s
required for construction of the Project to the extent provided below. The CD’s
include: the plans and drawings; the proposal for bids; the specifications; all
addenda issued prior to the receipt of bids; the form of construction contracts; all
provisions required by law to be included in the construction contract; forms for
the notice of award, the bid and performance and payment bonds; the general
conditions; and all other supplementary or special provisions or conditions.
TASK NO. 8: REVIEW AND ANALYSIS OF BIDS
A.
The Consultant shall review and analyze the bids for the ensuing execution of the
Project. In general, this will include answering questions from prospective
bidders, preparing any required addenda to the construction contract, attending the
bid opening, analyzing the received bids, and recommending the award of any
contract and related matters.
B.
The Consultant shall provide, to the satisfaction of BNYDC, all services required
during the bidding period in order to ensure that questions from prospective
bidders are answered in a uniform/timely fashion.
C.
During the bidding period, BNYDC and the Consultant shall advise each other of
any ambiguities or inconsistencies in the consolidated Contract Documents of
which either BNYDC or the Consultant may become aware. The Consultant shall
investigate all such problems, and shall deliver to BNYDC an analysis and/or
recommendation concerning the resolution of all such problems.
D.
Where BNYDC deems that an addendum to the Contract Documents is necessary,
the Consultant shall prepare and deliver said addendum within one business day
of notification, unless otherwise approved by BNYDC.
37
E.
The Consultant shall attend the opening of bids and immediately commence the
review and analysis of the bids. In general, this shall include, but not be limited
to, such elements as: preparing necessary memorandum of bid sheets, checking
mathematical calculations, providing a breakdown of all items into proper Agency
budget codes, analyzing unit prices to determine the appropriateness of costs with
respect to the associated work items, determining apparent imbalances, and
related matters.
F.
The Consultant shall formally inform BNYDC, within one business day of the
opening of bids, if an acceptable low bidder has been identified.
G.
Within two business days of the opening of bids, the Consultant shall submit the
completed memorandum of bids, in accordance with currently applicable
procedures.
H.
In the event that the lowest bid by a contractor found qualified and responsible by
BNYDC is in excess of 10% more than the approved final estimate cost prepared
by the Consultant, the Consultant shall, to the extent necessary, as determined by
BNYDC, assist BNYDC in bringing the total cost of the work within the
approved final cost. Notwithstanding any other provisions of this Contract, the
Consultant without additional compensation shall provide the foregoing services.
TASK NO. 9: CONSULTANT SERVICES FOR PROJECT EXECUTION PHASE
A.
CONSTRUCTION SERVICES
1.
Contract Document Interpretation: It shall be the responsibility of the
Environmental Consultant to interpret contract documents, and make
recommendations by drawing or in writing when required by job
conditions or when requested by BNYDC.
2.
The Consultant shall:
a.
Attend the project kickoff meeting and establish job conferences as
required by BNYDC on matters concerning project plans and
specifications.
b.
Review and approve the project schedule with BNYDC and report
any conditions that may cause delay in completion.
c.
Provide Construction Supervision Services throughout the duration
of all phases of the project to ensure compliance with the
Specifications and established work schedule for the Project.
38
d.
Review field conditions and advise BNYDC by letter or
supplementary specifications or drawings to resolve design
omissions, design errors, and unforeseen field conditions.
e.
Review all project change orders when requested and verify
description of work. Report any discrepancies.
3.
In addition, the Consultant is to provide periodic progress and advisory
reports, as a part of the job supervision services, by having an on-site
project representative observe and report on the progress and quality of the
work for adherence to the contract documents, and submit the advisory
reports to BNYDC.
4.
Provide final inspection and sign-off on submitted project manifests,
documents and permits.
39
APPENDIX C
PAYMENTS
Consultant Contract Number:
Consultant:
Appendix C-1
APPENDIX C
Interim payments shall be made to the Consultant at the negotiated flat rate of
$________ per hour, no more frequently than monthly, based on the number of hours
that members of the Consultant’s staff spent providing the Services. Emergency
Services will also be billed at the rate of $______ per hour for consultant and
consultant’s staff. The Consultant shall also be reimbursed for Allowable Additional
Costs incurred. Costs for additional On Call Services by sub-consultants are found on
attached Fee Proposal Form. Costs for On Call Spill Response Services by Miller’s
launch, Inc. to be billed at labor rate in effect during billing period. (Revised rates as of
January 2010 are attached.)
On or before the Commencement Date, the Consultant shall provide to the
President an estimate of the number of hours members of the Consultant’s staff, are
anticipated to spend providing the Services. Such estimate shall be subject to the
President’s approval.
The Consultant shall submit to the President, not more than once per calendar
month, a Requisition setting forth in detail, for the period for which partial payment is
requested (i) Services performed by Consultant’s Principal and by its professional and
technical staff; (ii) the number of hours worked by each such Principal and its
professional and technical staff in connection with the Services performed during the
billing period (iii) actual salaries incurred during such month; (iv) Allowable
Additional Costs incurred; (v) Subcontractors’ Costs incurred during the billing period;
and (viii) the amount of partial payment requested. No multiplier overhead,
administrative fee or other mark up will be paid to Consultant for Consultant Staff or
Subcontractors’ Costs or Allowable Additional Costs.
In addition, the Consultant shall submit Progress Reports at least monthly or in
accordance with any other schedule approved by the President, or at the President’s
request. Such Progress Reports shall clearly state the reasons for any actual or
anticipated delays in completion of the Services.
A.
"Reimbursable Costs" may include the cost of printing, special mailings
(such as overnight delivery and messenger services), services-related long distance
telephone and facsimile charges; subcontractor costs for spill response, material, testing,
laboratory analysis, filing fees, abatement and removals, environmental systems
upgrades and environmental construction; and any other out-of-pocket expenses,
approved in advance by the President on a direct cost basis (with no additional
provisions for overhead or fee). Reimbursable Costs shall not include travel to and from
the project site, meals, and those costs considered to be overhead such as normal mailing,
Consultant Contract Number:
Consultant:
Appendix C - 2
local telephone and facsimile charges, in-house copying, secretarial, clerical and typist
time and the purchase of office or graphic supplies.
Consultant Contract Number:
Consultant:
Appendix C - 3
APPENDIX D
FORM OF CERTIFIED STATEMENT REGARDING
USE OF NON-ORIGINAL MATERIALS
Consultant Contract Number:
Consultant:
Appendix D - 1
APPENDIX D
FORM OF CERTIFIED STATEMENT REGARDING
USE OF NON-ORIGINAL MATERIALS
STATE OF
COUNTY OF
)
) ss.:
)
The undersigned, being first duly sworn, deposes and states as follows:
1.
I am the Principal of the Consultant named below in connection with the contract
(the “Contract”) identified below between the Consultant and Brooklyn Navy Yard
Development Corporation (“BNYDC”).
2.
I make this affidavit pursuant to Section 5.2.6(iii) of the Contract to verify certain
information regarding non-original materials included in the Work Product (as defined
in the Contract) furnished by the Consultant to BNYDC pursuant to the Contract.
3.
I hereby certify that the information set forth on the “List of Rights, Limitations
and Requirements Regarding the Use and Display of Non-Original Materials Included
in Consultant’s Work Product” (the “Non-Original Materials List”) annexed hereto and
made a part hereof, and the licenses, releases, permissions, clearances and other
documents (collectively, the “Licenses”) annexed thereto, are complete, true and
accurate as of the date of this affidavit, and I acknowledge and understand that BNYDC
shall rely thereon in connection with any use and display of such materials.
4.
In particular, I hereby certify that the annexed Non-Original Materials List and
Licenses set forth (i) all non-original materials included in Consultant’s Work Product;
(ii) all information as to the source of such materials; (iii) all information as to any
durational limitations on use of such materials; (iv) all requirements as to notices that
must be displayed in connection with display, including the specific owner of the rights
to be credited; and (v) all other limitations on the use and display under the Licenses.
Consultant Contract Number:
Consultant:
Appendix D - 2
Dated:
Consultant:
Signature:
Printed
Name:
BNYDC Contract No.:
Title:
Sworn to before me this
day of
, 20
Notary Public
Consultant Contract Number:
Consultant:
Appendix D - 3
LIST OF RIGHTS, LIMITATIONS AND REQUIREMENTS
REGARDING THE USE AND DISPLAY OF NON-ORIGINAL MATERIALS
INCLUDED IN CONSULTANT’S WORK PRODUCT
Non-Original Material
*
Source
Rights/Limitations/Requirements *
ATTACH COPIES OF ALL LICENSES, RELEASES, PERMISSIONS, CLEARANCES AND OTHER
RELEVANT DOCUMENTS
Consultant Contract Number:
Consultant:
Appendix D - 4
APPENDIX E
INSURANCE REQUIREMENTS
1.
2.
3.
4.
Required Policies and Amounts
Additional Insureds
Required Provisions
Sample Form of Insurance Certificate
Consultant Contract Number:
Consultant:
Appendix E - 1
APPENDIX E
INSURANCE REQUIREMENTS
1. Required Policies and Amounts
1.
Workers' Compensation
In statutory amounts
2.
Employer's Liability:
$500,000 Per Occurrence
3.
Commercial General
Liability
4.
Automobile Liability:
$1,000,000 Combined Single Limit Per
Occurrence
5.
Umbrella/Excess Liability:
$10,000,000 combined single limit per
occurrence and in the aggregate excess of
primary general, automobile and employer’s
primary liability limits
$1,000,000 combined single limit per
occurrence, but if an annual aggregate is
applicable to the policy not less than $5,000,000
in the aggregate.
If the Consultant or its Subcontractors use floating equipment, barges or floats, or
performs marine-related construction, the Consultant and as applicable, its
Subcontractors, shall purchase and maintain additional insurance of the following types
and in the following amounts in connection with the performance of the Services:
6.
7.
U.S. Harbor Workers'
Long Shoremen’s
Compensation Act:
Marine Protection and
Indemnity:
In statutory amounts
$25,000,000 combined single limit per
occurrence, but if an annual aggregate is
applicable to the policy not less than
$25,000,000 in the aggregate per year
Consultant Contract Number:
Consultant:
Appendix E - 2
To the extent applicable to the Services performed by the Consultant or its
subcontractors:
8.
Professional Liability Insurance: $5,000,000 per occurrence, but if an annual
aggregate is applicable to the policy not less
than $5,000,000 in the aggregate, on a “per
project” basis
If Consultant’s Professional Liability Insurance
Policy is issued on a “Claims Made” basis then
Consultant must provide BNYDC evidence
that the “Tail” (Extended Reporting Period)
period is at least three years (3) beyond the
final performance of the Consultant Contract
between BNYDC and the Consultant to which
the Professional Liability Insurance
requirement applies
Consultant Contract Number:
Consultant:
Appendix E - 3
APPENDIX E
INSURANCE REQUIREMENTS
2. Additional Insureds
For the purposes of this Contract and the requirements of Article 6 thereof including,
without limitation, Section 6.3.3 (3), the term “Additional Insureds” shall include the
following individuals and entities:
1. Brooklyn Navy Yard Development Corporation
2. The City of New York
3. The City of New York Department of Small Business
Services
4. Such other entities and/or individuals BNYDC may direct
from time to time
FOR EACH OF THE COVERAGES LISTED ABOVE CONSULTANT MUST FURNISH BNYDC BEFORE
BEING ALLOWED TO ENTER THE PREMISES OF THE BROOKLYN NAVY YARD INDUSTRIAL PARK
THREE (3) SEPARATE CERTIFICATES OF INSURANCE PREPARED EXACTLY AS FOLLOWS:
Certificate Holder
Brooklyn Navy Yard Development Corporation
63 Flushing Ave, Unit #300
Brooklyn, NY 11205
And as Additional Insureds
Brooklyn Navy Yard Development Corporation
City of New York
City of New York Department of Small Business Services
Certificate Holder
City of New York
280 Broadway
New York, NY 10007
And as Additional Insureds
City of New York
Brooklyn Navy Yard Development Corporation
City of New York Department of Small Business Services
Consultant Contract Number:
Consultant:
Appendix E - 4
Certificate Holder
City of New York Department of Small Business Services
280 Broadway, Room 573
New York, NY 10007
And as Additional Insureds
City of New York Department of Small Business Services
Brooklyn Navy Yard Development Corporation
City of New York
Consultant Contract Number:
Consultant:
Appendix E - 5
APPENDIX E
INSURANCE REQUIREMENTS
3. Required Provisions
The policies required under Section 6.3.7(2) of the Contract shall contain the following
provisions:
“A. Notices from the insurer (the “Insurer”) to BNYDC (“BNYDC”) and the City of
New York (the “City”), in connection with this policy, shall be addressed to the General
Counsel, BNYDC, at 63 Flushing Avenue, Unit #300, Brooklyn, New York 11205 (with a
copy to BNYDC’s Deputy General Counsel at the same address),
B. The Insurer shall accept notice of accident from BNYDC or the City, within 120 days
after receipt by an official of such Additional Insured (as identified in Appendix E of the
Contract between BNYDC and the Consultant to which this policy applies) of notice of
such accident as valid and timely notice under this policy;
C. The Insurer shall accept notice of claim from the City within 120 days after such
claim has been filed with the Comptroller of the City and notice of claim from BNYDC,
within 120 days after receipt by such party as valid and timely notice under this policy;
D.
The Insurer understands and agrees that notice of accident or claim to such
Insurer by any one of the following entities shall be deemed notice by all under the
policy:
i.
The Consultant; or
ii.
BNYDC; or
iii.
The City of New York Department of Small Business Services; or
iv.
The City; or
v. Any other Additional Insured.
E. This policy shall not be canceled, terminated or modified by the Insurer or the
Consultant unless 30 days prior written notice is sent by registered mail to BNYDC or
the City, nor shall this policy be canceled, terminated or modified by the Contractor
without prior written consent of BNYDC;
F. The presence of engineers, inspectors or other employees or agents of the Consultant,
BNYDC or the City at the site of the Services performed by the Consultant shall not
invalidate this policy of insurance; and
G. Violation of any of the terms of any other policy issued by the Insurer to the
Consultant or a subcontractor of the Consultant shall not inviolate this policy; and
Consultant Contract Number:
Consultant:
Appendix E - 6
H. Insurance, if any, carried by BNYDC, the City or the Additional Insureds will not
be called upon to contribute to a loss that would otherwise be paid by the
Insurer.”
Consultant Contract Number:
Consultant:
Appendix E - 7
APPENDIX E
INSURANCE REQUIREMENTS
4. Sample Form of Insurance Certificate
Consultant Contract Number:
Consultant:
Appendix E - 8
Consultant Contract Number:
Consultant:
Appendix E - 9
APPENDIX F
EQUAL EMPLOYMENT AND AFFIRMATIVE
COMPLIANCE FOR NON-CONSTRUCTION
CONTRACTS ADDENDUM
[E.O. 50 SUPPLY AND SERVICE RIDER]
Consultant Contract Number:
Consultant:
Appendix F - 1
APPENDIX F
E.O. 50 SUPPLY & SERVICE RIDER
EQUAL EMPLOYMENT OPPORTUNITY
[Note: for purposes of this rider, the “contractor” means the Consultant identified in
this Contract]
This Contract is subject to the requirements of Executive Order No. 50 (1980) as revised
(“E.O.50”) and the Rules and Regulations promulgated thereunder. No contract will be
awarded unless and until these requirements have been complied with in their entirety.
By signing this Contract, the contractor agrees that:
(1)
it will not engage in any unlawful discrimination against any employee or
applicant for employment because of race, creed, color, national origin, sex, age,
disability, marital status or sexual orientation with respect to all employment
decisions including, but not limited to, recruitment, hiring, upgrading, demotion,
downgrading, transfer, training, rates of pay or other forms of compensation,
layoff, termination, and all other terms and conditions or employment;
(2)
when it subcontracts it will not engage in any unlawful discrimination in the
selection of subcontractors on the basis of the race, color, creed, national origin,
sex, age, disability, marital status or sexual orientation of the owner, manager or
any officer, President, agent or employee of such subcontractors.
(3)
it will state in all solicitations or advertisements for employees placed by or on
behalf of the contractor that all qualified applicants will receive consideration for
employment without unlawful discrimination based on race, creed, color,
national origin, sex, age, disability, marital status or sexual orientation, or that it
is an equal employment opportunity employer;
(4)
it will send to each labor organization or representative of workers with which it
has a collective bargaining agreement or other contract or memorandum of
understanding, written notification of its equal employment opportunity
commitments under E.O. 50 and the rules and regulations promulgated
thereunder; and
(5)
it will furnish all information and reports including an Employment Report
before the award of the contract which are required by E.O. 50, the rules and
regulations promulgated thereunder, and orders of the Division of Labor
Services of DSBS (the “Division”), and will permit access to its books, records
and accounts by the Division for the purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
Consultant Contract Number:
Consultant:
Appendix F - 2
The contractor understands that in the event of its noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations, or
orders, such noncompliance shall constitute a material breach of the contract and
noncompliance with E.O. 50 and the rules and regulations promulgated thereunder.
After a hearing held pursuant to the rules of the Division, the President may direct the
imposition upon the Contractor of any or all of the following sanctions:
(i)
(ii)
(iii)
(iv)
disapproval of the contractor;
suspension or termination of the contract;
declaring the contractor in default; or
in lieu of any of the foregoing sanctions, the President may impose an
employment program.
The President of the Division may recommend to the contracting agency head that a
Board of Responsibility be convened for purposes of declaring a contractor who has
repeatedly failed to comply with E.O 50 and the rules and regulations promulgated
thereunder to be nonresponsible.
The contractor agrees to include the provisions of the foregoing paragraphs in every
subcontract or purchase order in excess of $50,000 to which it becomes a party unless
exempted by E.O. 50 and the rules and regulations promulgated thereunder, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as may be directed
by the Division as a means of enforcing such provisions including sanctions for
noncompliance.
The contractor further agrees that it will refrain from entering into any contract or
contract modification subject to E.O. 50 and the rules and regulations promulgated
thereunder with a subcontractor who is not in compliance with the requirements of E.O.
50 and the rules and regulations promulgated thereunder.
Consultant Contract Number:
Consultant:
Appendix F - 3
APPENDIX G
E.O. 50 EMPLOYMENT REPORT FORM
Consultant Contract Number:
Consultant:
Appendix G - 1
APPENDIX H
E.O. 50 PAYROLL REPORT FORM AND INSTRUCTIONS
Consultant Contract Number:
Consultant
Appendix H - 1
Consultant Contract Number:
Consultant
Appendix H - 2
Consultant Contract Number:
Consultant
Appendix H - 3
APPENDIX I
OUTSIDE FUNDING SOURCES
“INTENTIONALLY DELETED”
Consultant Contract Number:
Consultant:
Appendix I - 1
APPENDIX J
STANDARD FEDERAL REQUIREMENTS
“INTENTIONALLY DELETED”
Consultant Contract Number:
Consultant:
Appendix J - 1
APPENDIX K
STANDARD STATE CLAUSES
“INTENTIONALLY DELETED”
Consultant Contract Number:
Consultant:
Appendix K - 1