RFP FOR PROFESSIONAL ARCHITECTURAL/ENGINEERING FIRMS: DESIGN SERVICE FOR NEW STEM BUILDING

RFP NO.: 20-441 TITLE: RFP FOR PROFESSIONAL ARCHITECTURAL/ENGINEERING FIRMS: DESIGN SERVICE FOR NEW STEM BUILDING RECEIVING DATE AND TIME: 2:00 PM, EST, MONDAY, FEBRUARY 24, 2020 OPENING DATE AND TIME: 2:30 PM, EST, MONDAY, FEBRUARY 24, 2020 INFORMATION FOR RESPONDEE INVITATION Hudson Valley Community College will accept sealed REQUESTS FOR PROPOSALS for RFP 20-441 – PROFESSIONAL ARCHITECTURAL/ENGINEERING FIRMS: DESIGN SERVICE FOR NEW STEM BUILDING in the Office of the Director of Business Services & Procurement at the ADMINISTRATION BUILDING, 80 VANDENBURGH AVENUE, ROOM 240, Troy, New York, 12180 until 2:00 PM, EST, MONDAY, FEBRUARY 24, 2020. The RFPs will be opened publicly and read aloud at 2:30 PM, EST, MONDAY, FEBRUARY 24, 2020. ONLY SEALED RFPs WILL BE ACCEPTED. NO RFP WILL BE ACCEPTED AFTER THE OFFICIAL TIME AND DATE. FAXED AND/OR E-MAILED RFPs WILL NOT BE ACCEPTED. COPIES OF THE SPECIFICATIONS AND RFP FORMS MAY BE OBTAINED ON THE COLLEGE’S WEBSITE AT:

href="http://www.hvcc.edu/purchasing/." target="_blank">http://www.hvcc.edu/purchasing/. IF THE VENDOR DECIDES TO UTILIZE AN OVERNIGHT CARRIER, IT IS THE VENDOR'S RESPONSIBILITY TO SELECT A CARRIER THAT WILL DELIVER DIRECTLY TO THE BID-OPENING SITE. REQUEST FOR PROPOSAL REQUIREMENTS Respondees are requested to verify compliance with the following requested items AND INCLUDE WITH THE REQUEST FOR PROPOSAL, THOSE ITEMS AS REQUESTED. LACK OF COMPLIANCE MAY RESULT IN AUTOMATIC DISQUALIFICATION. 1. /X/ Return Request for Proposal with signed Statement of Non-Collusion. 2. /__/ Certified check or Request for Proposal bond as specified under "Request for Proposal Bond or Certified Check”. The check must be included in the Request for Proposal package at the time of the Request for Proposal opening. 3. /X/ No certified check or Request for Proposal bond. 4. /X/ Certificate of Insurance naming Hudson Valley Community College, the County of Rensselaer and the State University of New York as additional insureds upon notification of award. The Certificate of Insurance should include the following: a.) Agent’s and insured’s name, address, phone and fax numbers; b.) Insurance company name and AM Best ratings of A- or better; c.) Policy line, number and limits; d.) Undertaking to provide renewal certificate 15 days prior to expiration of coverage. 5. /X/ An additional insured endorsement naming Hudson Valley Community College, County of Rensselaer, and State University of New York as additional insureds, providing for 30 days’ notice of cancellation or nonrenewal in all cases except for nonpayment of premium, and 10 days notification for cancellation or renewal because of 1 http://www.hvcc.edu/purchasing/ nonpayment of premium, insuring organization’s work, providing that the organization’s coverage shall be primary and noncontributory, waiving the right of subrogation, and otherwise meeting the requirements under “Insurance Coverage” in this Notice. 6. /__/ Performance Bond upon notification of award. 7. /X/ Brochures, catalogs, model numbers, or pertinent literature where applicable. 8. /X/ References. (Preferably from Educational Institution.) 9. /X/ Signature of bid manager. BIDDER’S RESPONSIBILITY Bidders who respond to Hudson Valley Community College's request for proposals, hereby acknowledge and accept responsibility for the following and as a condition of the bidding process agree as follows: (a) to submit a complete and legibly prepared RFP; (b) SUBMIT RFP FORM AND ANY ENCLOSED DOCUMENTS IN SIX (6) COPIES; (c) to submit RFP pricing based upon RFP specifications promulgated by Hudson Valley Community College; (d) to submit the RFP on the Official RFP Form; (e) to be responsible for the mathematical accuracy of their RFP; (f) to provide an accurate conversion of packaging whenever their RFP varies from that product packaging detailed in Hudson Valley Community College RFP specifications; (g) to provide the brand/manufacturer information when required by the specifications or in those instances where the products offered by the bidder differ from those listed in Hudson Valley Community College's RFP specifications; and (h) to review our website periodically for addendums to the RFP. Hudson Valley Community College reserves the right to reject any RFP which, through bidder error or omission is found to be mathematically incorrect, otherwise incomplete or not in compliance with Hudson Valley Community College RFP specifications. This right to reject RFPs which are incomplete, inaccurate or not in compliance shall be exercised in the best interest of Hudson Valley Community College. SPECIFICATIONS CONSULTANT No communication intended to influence this procurement is permitted except by contacting PATRICIA A. GASTON at (518) 629-4519 OR P.GASTON@HVCC.EDU. Contacting anyone other than the designated contact (either directly by the proposer or indirectly through a lobbyist or other person acting on the proposer’s behalf) in an attempt to influence the procurement: (1) may result in a proposer being deemed a non-responsible offerer, and (2) may result in the proposer not being awarded a contract. NO REQUEST FOR PROPOSAL RESPONSE WHETHER OR NOT YOU SUBMIT A PROPOSAL FOR THIS REQUEST FOR PROPOSAL, CHECK AND RETURN IF YOU WISH TO BE MAINTAINED ON OUR RESPONDEE'S LIST: 1. /_/ We are unable to bid at this time. ________________________________________ 2. /_/ Keep us on your RESPONDEE's list. Responder’s Name 3. /_/ Remove us from your RESPONDEE's list. ________________________________________ 4. /_/ Our additional areas of interest are: Address ____________________________ ________________________________________ Representative 5. /_/ Comments: ________________________________________ ____________________________ Representative’s Signature ____________________________ ________________________________________ Title 2 mailto:P.GASTON@HVCC.EDU SUBMISSION The envelope shall be marked on its face with the name of the person, firm, or corporation plus: SEALED REQUEST FOR PROPOSAL NO. 20-441 FOR PROFESSIONAL ARCHITECTURAL/ENGINEERING FIRMS: DESIGN SERVICE FOR NEW STEM BUILDING AND REQUEST FOR PROPOSAL OPENING AT 2:30 PM, EST, MONDAY, FEBRUARY 24, 2020. All Request for Proposals shall be addressed to: Patricia A. Gaston Director of Business Services & Procurement Hudson Valley Community College 80 Vandenburgh Avenue Administration Building, Room 240 Troy, New York 12180 Any Request for Proposals submitted on forms other than the official forms provided by Hudson Valley Community College may be disqualified. FAXED AND/OR E-MAILED REQUEST FOR PROPOSALS CANNOT BE ACCEPTED. All Request for Proposals submitted must be typed or written in ink and signed by the respondee/contractors designated representative. ALL REQUESTS FOR PROPOSALS MUST MEET AND INCLUDE REQUIREMENTS AS CHECKED ("X") ON PAGE ONE (1) OF "INFORMATION FOR RESPONDEES" OR FACE DISQUALIFICATION. OPENING Sealed Requests for Proposals will be received until 2:00 PM, EST, MONDAY, FEBRUARY 24, 2020 and will be opened on MONDAY, FEBRUARY 24, 2020 AT 2:30 PM, EST. Any Request for Proposals not sealed will be rejected. NO REQUEST FOR PROPOSALS WILL BE ACCEPTED AFTER THE OFFICIAL SPECIFIED TIME AND DATE. WITHDRAWAL OF REQUEST FOR PROPOSAL Any Request for Proposal may be withdrawn without prejudice prior to the official RFP opening time or any publicized postponement thereof. No withdrawal or change may be made by respondee after the Request for Proposal has been opened. REJECTION OF REQUEST FOR PROPOSAL Hudson Valley Community College reserves the right to reject any and all Request for Proposals in connection with this project and to waive formalities in a Request for Proposal. AN RFP WHICH INCLUDES ADDITIONAL TERMS AND CONDITIONS SUCH AS, FOR EXAMPLE, THOSE LIMITING LIABILITY OR WARRANTIES WILL BE REJECTED. NOTIFICATION OF AWARD The successful Respondee will be notified within THIRTY (30) working days after the Request for Proposal opening. Hudson Valley Community College reserves the right to reject any and all Requests for Proposals and to waive any formalities in a Request for Proposal. Hudson Valley Community College will notify the successful bidder in WRITING either by issuance of a preliminary LETTER of INTENT or a PURCHASE ORDER after all prerequisites and specifications have been met by the Respondee. VERBAL NOTIFICATION OF THE AWARD IS NOT CONSIDERED A VIABLE MODE OF NOTIFICATION AND, THEREFORE WILL NOT BE RECOGNIZED AS AN OFFICIAL NOTIFICATION. 3 DEPOSIT REQUIREMENTS a. /__/ A deposit requirement of a certified check or Request for Proposal bond in the amount equal to a percentage of the total Request for Proposal figure, made payable to Hudson Valley Community College and clearly marked with the number of the RFP which it pertains to must accompany the Request for Proposal. b. /X/ No deposit requirement or certified check is required with this Request for Proposal. No Request for Proposal may be withdrawn after the official award has been made without forfeiture of Request for Proposal bond deposit or certified check. DEFAULT/FORFEITURE PROVISIONS In case of default by the contractor, Hudson Valley Community College may procure the article or services from other sources and hold the contractor responsible for excess costs occasioned thereby. TRADE OR BRAND NAME When a trade or brand name for a particular article or object is specified it is meant only as a reference for standard and any other manufacturer of a similar article or object may meet the specifications if his product is reasonably equivalent or better than that mentioned as the standard. AWARD OF CONTRACT Hudson Valley Community College reserves the right to award contract on the basis of overall advantages to purchaser with respect to the aggregate of separate items and estimated overall requirements, (i.e., the right is reserved to award separate items to different vendors.) If a supplier offers an equivalent substitute for any item on the Request for Proposal, the purchaser reserves the right to delete that item, and its unit cost, and to accept the remainder of the Request for Proposal. Each item shall be quoted and extended with all appropriate discounts, and prices shall be held firm until completion of order. TRANSFER OR SUBCONTRACTING OF CONTRACT No contractor to whom any contract for these specifications shall be awarded, shall assign, transfer, convey, sublet, or otherwise dispose of the same or his right, title, or interest therein, or his power to execute such contract, to any other persons or corporation without the previous consent in writing of Hudson Valley Community College. ACCEPTANCE OF ORDER Failure to accept our purchase order issued pursuant to these specifications or failure to meet stated delivery time for any reason whatsoever shall be sufficient grounds for cancellation of the order and forfeiture of deposit as liquidated damages. DISAGREEMENT If the awarded contract does not agree with vendor's Request for Proposal, the contractor shall be responsible for contacting the Office of Business Services and Procurement before performance begins. RESPONDEE'S QUALIFICATIONS Hudson Valley Community College reserves the right to examine the responsibility of Respondees for contracts and proposed subcontractors on a case-by-case basis including but not limited to an examination of the skill, judgment, integrity, good faith, sufficiency of financial resources, quality of execution, performance and conduct on prior similar contracts, and labor practices of a Respondee and/or of a proposed subcontractor; and to investigate and consider the background of such Respondees and subcontractors for this purpose including their ownership, management, affiliation, history of past performance, and compliance with relevant state and federal laws and regulations. 4 CHANGE ORDER Every purchase order is prepared with care; however, it is occasionally necessary to make changes to the original order. Such changes involve quantity, specifications, price, substitute products, deletion of items, complete cancellation of order, and so forth. Since a purchase order is a contract, all changes must be processed through the Purchasing Department with the exception of construction or alteration projects which must be reviewed and have prior approval of the President of the College. CONTRACTOR'S GUARANTEE By submitting on these specifications, the vendor binds himself to all conditions in these specifications, irrespective of any formalities in his order acknowledgment. No attachment or part may be substituted or applied contrary to manufacturer's recommendations and standard practice. Any variance with the specifications must be stated within the submitted Request for Proposal and may after review of all consequences of the variance, disqualify the Request for Proposal. Accessories supplied shall be compatible with the rest of the equipment. Contractor guarantees that the equipment is standard new equipment, latest model of regular stock product with all parts regularly used with the type of equipment offered. Each unit delivered is guaranteed against faulty material and workmanship for a period of one (1) year after acceptance of delivery by Hudson Valley Community College, unless otherwise specified. If during this period any such faults develop, the unit or part affected is to be replaced without any cost to Hudson Valley Community College. All regularly manufactured stock electrical items shall be listed by Underwriter's Laboratory, Inc. Other electrical equipment shall be constructed to conform to applicable portions of National Electrical Code. Where electronic components are part of the equipment, the Manufacturer's standard guarantee shall apply. PERMITS AND ORDINANCES In all operations connected with the work herein specified, all city and town ordinances and laws controlling or limiting in any way the action of those engaged in the work must be respected and strictly complied with. Contractor must obtain all permits and fees paid if and as required. HAZARDOUS MATERIALS Any materials required by this order that are deemed hazardous will be packaged, marked, and shipped by the Seller to comply with all present and future federal, state, and local regulations and will further comply with any special company requirements. All MSDS sheets are to be directed to the attention of the Campus Safety Officer. SAFETY AND HEALTH DEVICES All equipment and services shall meet the requirements of the Federal Government, the State of New York, and the County of Rensselaer Safety and Health Regulations as well as the local safety and health regulations of the City of Troy. Equipment shall conform to applicable standards of all National regulations. DELIVERY COMPLETION REQUIREMENTS Guaranteed delivery may be considered in making the award. Any vendor who submits an RFP on these specifications agrees to accept our purchase order and agrees to GUARANTEE TO PROVIDE COMPLETE SERVICE AS SPECIFIED IN THIS RFP. If vendor feels he cannot meet requested delivery/completion date, he must so state and give revised date with request for proposal. ALL MERCHANDISE MUST BE SHIPPED PREPAID AND SHALL BE DELIVERED F.O.B. HUDSON VALLEY COMMUNITY COLLEGE, 80 VANDENBURGH AVENUE, TROY, NEW YORK, CENTRAL RECEIVING. 5 If delivered to other than Central Receiving the College refuses any and all responsibility for losses and damages unless specific directions for delivery at another location has been approved by the Office of Business Services & Procurement. No C.O.D. deliveries will be accepted. Deliveries will be accepted only 9:00 a.m. through 3:30 p.m., Monday through Friday, with the exception of official holidays or snow days when no deliveries will be accepted. CANCELLATION The College reserves the right to refuse any goods and to cancel all or any part of the contract if the contractor fails to meet delivery or performance dates. REFUSAL OF GOODS OR SERVICES Time is of the essence in delivery. The Office of Business Services & Procurement reserves the right to refuse any goods or services and to cancel any and all parts of this proposal if the vendor fails to deliver all or any part of the goods or services in accordance with the terms of the Request for Proposal. INSPECTIONS Hudson Valley Community College reserves the right to inspect all material furnished for conformity with the specifications. The right is reserved to reject and return at the vendor's expense and risk any unacceptable shipment. TAXES The College is a tax-exempt organization and therefore lacks the authority to pay taxes. PAYMENT Invoices for prepaid transportation charges shall be supported by receipted freight bills. In the case of bids or quotations all freight charges are borne by the Respondee unless otherwise specified in Request for Proposal. It is the desire of the College to pay promptly. It is the vendor's responsibility to submit invoices directly to the Accounts Payable Department: HUDSON VALLEY COMMUNITY COLLEGE ATTN: ACCOUNTS PAYABLE P.O. BOX 569 TROY, NEW YORK 12181-0569. Invoices shall include Purchase Order number and date, HVCC item number, description of items, catalog number, sizes, quantities, unit prices, extended prices, and date of delivery. Invoices not on printed billheads shall be signed by vendor. Purchase order number MUST be listed on all shipping labels. Invoices exceeding the limits established by this Contract or for materials or services not qualifying under its specifications are not subject to payment. Partial payments may be made upon properly executed invoices of delivered good unless otherwise stated in the Request for Proposal. Final payment when the materials, supplies, or equipment have been fully delivered and accepted. 6 VISITING THE SITE Respondees shall be held to have visited the site to have satisfied themselves fully as to the extent of the work to be performed and as to actual conditions under which this contract is to be executed. For an appointment to visit the site, please contact RICHARD EDWARDS, DIRECTOR OF PHYSICAL PLANT AT (518) 629-7427. INSURANCE COVERAGE A. The successful bidder shall provide the Director of Business Services & Procurement with a Certificate of Insurance and an “Additional Insured – Owners, Lessees or Contractors – (Form B)” endorsement, ISO form CG 20 10 11/85 or its functional equivalent naming Hudson Valley Community College (HVCC), the County of Rensselaer and the State University of New York as additional insureds on the contractor’s general liability insurance policies. The policy or policies naming HVCC, the County of Rensselaer and the State University of New York as additional insureds shall: (i) be an insurance policy from an A.M. Best rated “secured”, “A” minus or better, New York State Admitted insurer; (ii) provide for 30 days’ notice of cancellation; see item 5 in bid requirements; (iii) state that the organization’s coverage shall be primary coverage for HVCC, the County of Rensselaer and the State University of New York and their respective Boards, administrators, officials, employees and volunteers. B. The successful bidder shall provide the Director of Business Services & Procurement with a Certificate or Proof of Insurance Coverage for the minimum coverages as listed on the sample Certificate of Liability Insurance included in this RFP package. (See Page 8) C. Contractor acknowledges that failure to obtain such insurance on behalf of HVCC constitutes a material breach of the contract and subjects it to liability for damages, indemnification and all other legal remedies available to HVCC. The contractor is to provide HVCC with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. A purchase order cannot be issued until proper insurance documentation is received. INDEMNIFICATION The contractor shall indemnify, defend and hold harmless the college, the County of Rensselaer and the State University of New York, their respective officers, administrators, faculty, employees and agents, from and against any and all charges, complaints, claims, demands, judgments, causes of actions, and suits brought for personal injury, death, property damage and any other losses, damages, charges or expenses, including insurance deductibles, attorney fees, litigation expenses, and other costs incurred as a result of contractor’s negligent acts or omissions or the improper performance of or breach of the contract or from any incident occurring in conjunction with or as a result of, the contractor’s performance of the contract. The fact that contractor has obtained insurance coverage as required by this RFP invitation shall not relieve the contractor’s obligation to defend and indemnify as provided under this Section. PROTECTION Contractor shall be held liable for any injury to persons and/or property during the execution of his work. Contractor shall take all safety measures required or affirmed during execution of his work. 7 8 CONTRACTOR'S LIABILITY INSURANCE The contractor shall maintain such insurance as will protect him from claims under Workmen's Compensation Acts and other employee benefit acts; from claim for damages because of bodily injury, including death, to his employees and all others; and from claims from damages to property--any or all of which may arise out of, or result from, the contractor's operations under this contract. This insurance shall be written for not less than any limit of liability as specified in other sections of this agreement and name Hudson Valley Community College, the County of Rensselaer and the State University of New York as additional insureds. Certificates of such insurance shall be filed with HVCC with the Director of Business Services. WAGES AND SALARIES/PRC SCHEDULE Respondees must agree to conform to Section 103-a,b,c, and d of the General Municipal Law of the State of New York, copy of which text is appended hereto. EQUAL OPPORTUNITY - AFFIRMATIVE ACTION Executive Order No. 11246, as amended, relative to Equal Employment Opportunity and all other applicable laws, rules and regulations, including Title VII of the Civil Rights Act of 1964, are incorporated herein by this specific reference. In addition, all laws, rules and regulations applicable to the hiring of disabled veterans and veterans of the Vietnam era and to the hiring of individuals with physical or mental disabilities are incorporated herein by this specific reference. The Contractor further agrees that: (a) in the hiring of employees for the performance of work under this Contract, the Contractor shall not discriminate against any citizen in the employment of a person qualified and available to perform the work under the Contract, by reason of race, color, religion, sex, age, disability, national origin or ancestry; (b) the Contractor or any person acting on its behalf, shall not, in any manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of work under the Contract on account of race, color, religion, sex, age, disability, national origin or ancestry; and (c) the Contractor shall include this language in all Subcontracts entered into for the performance of the Contract. FAIR LABOR STANDARDS ACT Contractor warrants and represents that the goods covered by this Contract have been manufactured in accordance with the requirements of the Fair Labor Standards Act and all other applicable federal, state, and municipal laws, rules, and regulations. MINORITY BUSINESS ENTERPRISE (MBE) AND WOMEN BUSINESS OWNED ENTERPRISE (WBE) It is the policy of Hudson Valley Community College to take affirmative action to ensure that minority business enterprises are given the opportunity to demonstrate their ability to provide the College with goods and services at competitive prices. GENERAL INFORMATION Hudson Valley Community College includes a prohibition against any employee accepting any gift, gratuity, stipend or other thing of value from entities having a direct or indirect business interest with the College. The Contractor agrees that its directors, officers, and employees will not offer or give any gift, gratuity, stipend, or other thing of value to any employee of the College. The Contractor shall further report any attempt by a College employee to solicit any gift, gratuity, stipend, or thing of value. Any violation of this provision shall justify termination of this contract and may result in the rejection of the Contractor's bids for future contract. 9 PROVISIONS REQUIRED BY LAW INSERTED Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted therein and the contract shall be read and shall be enforced as though so included therein. NO THIRD-PARTY RIGHTS Nothing in the contract shall create or shall give to third parties any claim or right of action against the College, the contractor, or any institution at which work is being carried out beyond such as may legally exist irrespective of the contract. PROTECTION OF LIVES AND HEALTH Each contractor and subcontractor shall comply fully with all applicable provisions of the laws of the State of New York, the United States of America and with all applicable rules and regulations adopted or promulgated by agencies or municipalities of the State of New York or the United States of America. The contractor alone shall be responsible for the safety, efficiency and adequacy of the contractor’s work, plant, appliances and methods, and for any damage which may result from the failure to comply or the use of improper methods. STATE AND FEDERAL LABOR LAW PROVISIONS It is hereby agreed that all applicable provisions of the labor law of the State of New York and the United States shall be carried out in the performance of this work. CONTRACTOR RELATIONSHIP The relationship created by the contract between the College and the contractor is one of an independent contractor and it is no way to be construed as creating an agency relationship between the College and the contractor nor is it to be construed as, in any way or under any circumstances, creating or appointing the contractor as an agent of the College for any purpose whatsoever. WORKERS’ COMPENSATION BENEFITS This contract shall be void and of no force and effect unless the contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. NON-DISCRIMINATION REQUIREMENTS In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment for any prohibitive reason, including by way of example and not in limitation of race, creed, color, sex, national origin, age, disability or marital applicant status. GOVERNING LAW This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. SERVICE OF PROCESS In addition to the methods of service allowed by the New York State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the College's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the College, in writing, of each and every change of address to which service of process can be made. Service by the College to the last known address shall be sufficient. 10 LICENSES AND PERMITS Contractor shall obtain all licenses and permits necessary for the proper performance of the contract. AMENDMENTS This contract may not be amended, modified or supplemented except by written agreement of the parties hereto. SEVERABILITY Any term or provision of this contract which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this contract or affecting the validity or enforceability of any of the terms or provisions of this contract in any other jurisdiction. If any provision of this contract is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable. MODIFICATION This writing contains the entire agreement of the parties with respect to the subject matter hereof. No representations were made or relied upon by either party, other than those expressly set forth. No agent, employee or other representative of either party is empowered to alter any term of this contract unless done in writing and signed by an officer of the parties. JURISDICTION AND VENUE All actions or proceedings relating to this contract, its existence, validity, performance or nonperformance, seeking the enforcement or interpretation of its terms or remedies for its breach shall be brought only in the Supreme Court of the State of New York for the County of Rensselaer, and all parties consent to the exclusive jurisdiction and venue of such court and waive the defense of forum non conveniens. NOTICES All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered by messenger, or mailed by registered or certified mail, postage prepaid, to the respective parties. FREEDOM OF INFORMATION COMPLIANCE Hudson Valley Community College is subject to the provisions of the New York Freedom of Information Law (“FOIL”), and, subject to statutory exceptions, is required to make all records (as defined by FOIL) available to the public upon proper request. Any person desiring to maintain or preserve the secrecy or confidentiality of any part of this submission should specify, in writing, the part of the record sought to be protected, and the statutory basis upon which Hudson Valley Community College would be justified in denying access. There can be no guarantee that Hudson Valley Community College can or will maintain the secrecy or the confidentiality of any part of the record. ALTERNATIVE BIDS Respondees are invited to submit alternative Requests for Proposals, which the vendor feels will provide the best service in fulfilling the needs of the College. 11 SPECIFICATIONS FOR RFP NO. 20-441 PROFESSIONAL ARCHITECTURAL/ENGINEERING FIRMS: DESIGN SERVICE FOR NEW STEM BUILDING Hudson Valley Community College gives public notice that it is requesting submission of proposals from interested and qualified professional architectural/engineering firms for design service for a new STEM building. Hudson Valley Community College plans to select the most qualified professional architectural/engineering firms for the purpose of providing complete professional design services necessary for the construction of a new STEM building at the college’s Malta facility (TEC-Smart) that will house science labs, prep space, and office space on the existing site. A preliminary space program has been provided as a guide for the new facility. RESPONSES MUST BE RECEIVED BY 2:00 PM, EST, MONDAY, FEBRUARY 24, 2020, AFTER WHICH TIME AND DATE THEY WILL NO LONGER BE ACCEPTED. RESPONSES MAY BE MAILED OR HAND DELIVERED TO: Patricia A. Gaston Director of Business Services and Procurement Hudson Valley Community College 80 Vandenburgh Avenue Administration Building, Room 240 Troy, NY 12180 YOUR ATTENTION IS DRAWN TO THE NUMBER OF COPIES OF YOUR PROPOSAL TO BE SUBMITTED (SEE PAGE 2, “BIDDER’S RESPONSIBILITY”, “B”). PLEASE DO NOT RETURN THE ENTIRE BID. ONLY THE REQUIRED FORMS SHOULD BE RETURNED ALONG WITH EACH COPY OF YOUR PROPOSAL. I GENERAL 1. SCOPE OF SERVICES A. Hudson Valley Community College (HVCC) is located on 120 acres in Troy, NY with a satellite facility located in Malta, NY. The current student population is approximately 10,000 students. The college has experienced a large growth in the need for STEM labs to include Anatomy and Physiology, Chemistry, and Biology. B. The scope of work for this project is to provide all design services required to produce construction documents that will be used by the college to obtain competitive bids for the construction of this new facility. The facility must be designed to fit on the current site that houses TEC-Smart. The building is expected to be a 15,000 SF free standing two story facility. (Continued, next page) 12 2. BUDGET The total project budget including fees is $ 6,000,000. 3. FEE Each proposer shall state a “fee for services” which shall not exceed the fees established by the State University Construction Fund Schedule of Fees and a complexity factor of 30%. II BASIC SERVICES 1. Schematic Phase A. Professional architectural/engineering firms shall utilize the college provided space plan to develop a full schematic design. Schematic design will be reviewed and approved by college personnel prior to moving forward to design development. 2. Design Development Phase A. This phase shall consist of the development of the approved schematic design. During this phase all design criteria and solutions shall be established and developed within the program requirements and budget as established by the college. B. Final product of this phase shall include preliminary design documents for the college review. At least the items below shall reflect design package. 1. Cover sheet 2. Site Plans 3. Floor Plans 4. Sections and elevations 5. Details and schedules 6. Specifications 7. Construction cost estimate and schedule C. Submit design development documents to the HVCC personnel for review and approval. D. During the design review phase the designer shall work with HVCC to determine the appropriate environmental documentation to proceed with the project. Designers will complete work required to prepare applicable environmental documentation. (Continued, next page) 13 3. Contract Documents Phase A. These documents will be final construction documents as approved by college personnel which HVCC will use to solicit competitive bids for the project construction. They shall include all engineering drawings, plans, elevations, details, phasing plan, schedules and other data required to obtain complete bids. B. Architect shall obtain a schedule of prevailing wages for various classifications of labor employed. C. Notice to Bidders, Information for Bidders, bid forms, bid bond form, contract, labor and material payment bonds, etc. shall all be provided by architect and incorporated in documents. D. Submit documents to the county engineer for review and approval. A/E shall submit required documents for the college to obtain a building permit. E. Final design documents shall include documents required for applicable environmental actions as required by NYS and Federal law. 4. Bidding Phase A. The architect shall prepare and supply an appropriate amount of contract documents for bidding and eventual award. Electronic drawings for bid are acceptable on a disc or flash drive but they cannot be emailed. At least three hard copies of all construction documents will be provided to the college. B. The architect shall respond to questions posed by bidders. C. The architect shall attend bid openings. D. The architect shall assist owner in reviewing and analyzing bids, including investigation of qualifications and capabilities of low bidders. E. The architect shall make a written recommendation to the college for contract award. 5. Construction Phase A. Review and approve/disapprove all shop drawings and samples submitted by the contractors for adherence to the contract drawings. B. Review and approve/disapprove all “or equal” substitutions submitted by contractors. (Continued, next page) 14 C. Provide interpretations of contract document and design. Prepare supplemental sketches or details as necessary to clarify or correct errors in the contract documents. D. Review all change orders and make recommendations to the owner. E. Conduct bi-weekly (every two weeks) job progress meetings and provide meeting minutes. F. Inspect on a weekly basis the work in progress to determine compliance with contract documents and shop drawings. G. Prepare punch lists at substantial completion and final completion of work. H. Coordinate the submission of all required record documents and close out manuals. III MISCELLANEOUS 1. Payment of Services The agreement between the owner and the architect will be a lump sum agreement paid monthly by agreed upon percentage for each phase previously outlined. 2. Completion The college expects the design to be completed within nine (9) months of the award date. 3. Form of Contract The form of contract to be used between the selected architect and Hudson Valley Community College will be AIA Document B141 – Part 1 & 2 or latest revision. IV SELECTION PROCESS 1. Time Table HVCC expects to undertake the selection process described below according to the following schedule: • Submission of proposals: February 24, 2020 • Approval of selection by BOT: February 27, 2020 • Rensselaer County Approval: March 10, 2020 • Commence Work: March 30, 2020 • Complete Design: TBD (Continued, next page) 15 2. Evaluation All proposals will be evaluated by the college’s owner representative and the selection committee. The committee will make a final selection and forward to the college’s Board of Trustees for their approval. Proposals will be evaluated on the basis of the following criteria which will be accorded the relative weight indicated: A. Experience and Qualifications (40%) Preference will be given to respondents demonstrating strong capabilities, experience and reputation in undertakings similar to those described in this RFP. Specifically the respondents shall list where similar projects have been successfully completed. B. Consultant Team (40%) Preference will be given to respondents that show a strong team of consultants to assist the lead professional in the completion of this project. Respondents shall list similar projects, by all consultants proposed to be utilized, which were successfully completed. Experience working together as a team will also contribute to the decision. C. Cost (20%) The project design cost shall not exceed the SUNY Schedule of Fees for this type of project and a 30% complexity factor. A firm cost is expected as part of the proposal. Additional weight will be given to costs that come in below the SUNY fee schedule. 3. RFP Procedures A. Point of Contact Questions concerning this RFP and the procedures for responding to the RFP should be directed to: Patricia A. Gaston Director of Business Services and Procurement Hudson Valley Community College 80 Vandenburgh Avenue Administration Building, Room 240 Troy, NY 12180 p.gaston@hvcc.edu (Continued, next page) 16 B. Submission of Responses RESPONDENTS SHOULD SUBMIT SIX (6) COPIES OF THEIR PROPOSAL. PROPOSALS MUST BE RECEIVED BY 2:00 PM, EST, MONDAY, FEBRUARY 24, 2020 AT THE FOLLOWING ADDRESS: Patricia A. Gaston Director of Business Services and Procurement Hudson Valley Community College 80 Vandenburgh Avenue Administration Building, Room 240 Troy, NY 12180 YOUR ATTENTION IS DRAWN TO THE NUMBER OF COPIES OF YOUR PROPOSAL TO BE SUBMITTED. PLEASE DO NOT RETURN THE ENTIRE BID. ONLY THE REQUIRED FORMS SHOULD BE RETURNED ALONG WITH EACH COPY OF YOUR PROPOSAL. RESPONSES RECEIVED LATE WILL NOT BE CONSIDERED. 17 HVCC: Space Program for Proposed New TEC-Smart Academic Building Proposed Title/Space No. of Units Proposed NASF per Unit Total NASF Proposed Remarks Anatomy and Physiology Lab 1 & 2 1 1,200 1,200 20 student stations Anatomy and Physiology Prep/Storage 1 240 240 General/Introductory Biology Lab 1 & 2 1 1,200 1,200 20 student stations General/Introductory Biology Prep/Storage 1 240 240 General/Introductory Chemistry Lab 1 & 2 1 1,200 1,200 20 student stations General/Introductory Chemistry Prep/Storage 1 240 240 Microbioloty Lab 1 1,200 1,200 Microbioloty Prep/Storage 1 240 240 Hazardous Material Storage 1 60 60 General Classrooms (25 seats) 3 600 1,800 Accommodate 20 students at 80% seat fill rate and 24 NSF/seat. Reception/Waiting 1 100 100 Private Offices 2 120 240 Open Office Area 1 200 200 Four touch‐down workstations @ 48 NSF/station Conference Room 1 260 260 12 seats Workroom/Storage 1 80 80 Coffee Nook 1 20 20 Subtotal 8,520 Grossing Factor 1.7 6,000 Includes circulation (two fire stairs, elevator, corridors, internal office circulation), toilet rooms, mechanical systems, data, housekeeping spaces. Total 14,520 GENERAL MUNICIPAL LAW S. 103.a Ground for cancellation of contract by municipal corporation and fire districts. A clause shall be inserted in all specifications or contracts made or awarded by a municipal corporation or any public department, agency or official thereof on or after the first day of July, nineteen hundred fifty-nine or by a fire district or any agency or official thereof on or after the first day of September, nineteen hundred sixty, for work or services performed or to be performed, or goods sold or to be sold, to provide that upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the state, and any political subdivision thereof, a public authority or with any public department, agency or official of the state or of any political subdivision thereof or a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract. (a) Such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or fire district, or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal, and to provide also that (b) Any and all contracts made with any municipal corporation or any public department, agency or official thereof on or after the first day of July, nineteen hundred fifty-nine or with any fire district or any agency or official thereof on or after the first day of September, nineteen hundred sixty, by such person, and by any firm, partnership or corporation of which he is a member, partner, director of officer may be canceled or terminated by the municipal corporation or fire district without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation or fire district for goods delivered or work done prior to the cancellation or termination shall be paid. The provisions of this section as in force and effect prior to the first day of September, nineteen hundred sixty, shall apply to specifications or contracts made or awarded by a municipal corporation on or after the first day of July, nineteen hundred fifty-nine, but prior to the first day of September, nineteen hundred sixty. S. 103.b Disqualification to contract with municipal corporations and fire districts. Any person who, when called before a grand jury to testify concerning any transaction or contract had with the state, any political subdivision thereof, a public authority, or with a public department, agency or official of the state or of any political subdivision thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or fire district, or with any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal or until a disqualification shall be removed pursuant to the provisions of section one hundred three-c of this article. It shall be the duty of the officer conducting the investigation before the grand jury before which the refusal occurs to send notice of such refusal, together with the names of any firm, partnership or corporation of which the person so refusing is known to be a member, partner, officer or director, to the superintendent of public works of the State of New York, and the appropriate departments, agencies and officials of the state, political subdivisions thereof or public authorities with whom the person so refusing and any firm, partnership or corporation of which he is a member, partner, director or officer, is known to have a contract. S. 103.c Statement of non-collusion in contract with municipal corporation or fire districts. Every contract hereafter made or awarded by a municipal corporation or any public department, agency or official thereof or by a fire district or any agency or official thereof, pursuant to bid, for work or services following statement by the bidder, under penalty of perjury: Non-collusive bidding certification. The bidder certifies that: (a) the bid has been arrived at the bidder independently and has been submitted without collusion with any other vendor of materials, supplies, or equipment of the type described in the invitation for bids, and (b) the contents of the bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety of any bond furnished herewith prior to the official opening of the bid. 18 ART. 8 LABOR LAW S. 220.a Statements showing amounts due for wages and supplements to be filed-verification. Before payment is made by or on behalf of the state of any city, county, town, village or other civil division of the state of any sum or sums due on account of a contract for a public improvement it shall be the duty of the comptroller of the state or the financial officer of the municipal corporation or other officer or person charged with the custody and disbursement of the state or corporate funds applicable to the contract under and pursuant to which payment is made to require the contractor to file a statement in writing in form satisfactory to such officer certifying to the amounts then due and owing from such contractor or subcontractor filing such statement to or on behalf of any and all laborers for daily or weekly wages or supplements on account of labor performed upon the work under the contract, setting forth therein the names of the persons whose wages or supplements are unpaid and the amount due to each or on behalf of each respectively, which statement so to be filed shall be verified by the oath of the contractor or subcontractor as the case may be that he has read such statement subscribed by him and knows the contents thereof, and that the same is true of his own knowledge. 220.a as last amended by L1956, C750, eff. April 1, 1956. S. 103.d Statement of non-collusion in bids and proposals to political subdivision of the state or fire district. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof or by a fire district or any agency or official thereof, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification. By submission of this bid or proposal, the bidder certified that: (a) this bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) this bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) no attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) the person signing this accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) that attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. IN THE CASE OF CORPORATE BIDDERS A RESOLUTION IN THE FOLLOWING FORM MUST ACCOMPANY THE BIDS. Resolved that ___________________________________________________be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following project _____________________________________________________. (Describe Project) and to include with such bid or proposal the certificate as to non-collusion required by section one hundred three-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by _______________________ corporation at a meeting of its board of directors held on the ________ day of _______ 20____. (SEAL OF CORPORATION) 19 NON-COLLUSIVE BIDDING CERTIFICATION (a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. PRINT NAME SIGNATURE TITLE NAME OF CORPORATION FEDERAL ID# DATE: __________________________ 20 New York State Department of Taxation and Finance OTPA Sales Tax Exempt Organizations Unit Building 8, Room 425 W.A. Harriman Campus Albany, NY 12227 Hudson Valley Community College 80 Vandenburgh Avenue Troy, NY 12180-6096 Gentlemen: The Tax Law exempts New York State governmental entities, such as your organization, from the payment of sales and use taxes on their purchases. Tax exemption numbers and the Exempt Organization Certification, Form ST-119.1 are not issued to governmental entities. In order to make tax-free purchases, your organization must present vendors with its official purchase order or other documentation which indicates that the purchase is made by and paid from the funds of a governmental entity. You may instead present a copy of this letter along to any vendor who requests a tax exemption number or an Exempt Organization Certification, Form ST- 119.1. NOTICE TO VENDOR This letter is not an exemption document. You are not required to collect tax from the above organization, if they present you with their purchase order or other documentation which indicates that the purchase is made by and paid from the funds of a governmental entity. New York State Department of Tax and Finance OTPA - Technical Services Bureau Sales Tax - Exemption Organizations Unit Building 8, Room 425 W. A. Harriman Campus Albany, NY 12227 (518) 457-2782 21 A signed copy of this Bid/RFP Form plus a signed Non-Collusive Bidding Certification, must be returned with bid or proposal. RFP FORM RFP NO. 20-441 – PROFESSIONAL ARCHITECTURAL/ENGINEERING FIRMS: DESIGN SERVICE FOR NEW STEM BUILDING FROM: Company Name and Address Date _____________________________ _________________________________ Phone ____________________________ ________________________________ FAX # ____________________________ ___________________________ FEDERAL ID# ______________________ Supplier Quote No. _________________ TOTAL RFP COST: $________________________ THIS RFP IS SUBJECT TO ALL OF THE ABOVE TERMS/CONDITIONS PROVIDED IN THE ABOVE NUMBERED RFP. WHETHER OR NOT YOU SUBMIT A PROPOSAL FOR _____________________________________ THIS RFP, CHECK THE APPROPRIATE BOX(ES) BELOW (Name) Typed or Printed AND RETURN THIS FORM TO BUSINESS SERVICES. _____________________________________ 1. /_ / We are unable to bid at this time. (Company) 2. /_ / Keep us on your bidder's list. 3. /_ / Remove us from your bidder's list. _____________________________________ 4. /_ / Our additional areas of interest are: (Signed) _____________________________________ __________________________________________ (Title) __________________________________________ _____________________________________ Return to Business Services & Procurement (Email Address) 22 6. /__/ Performance Bond upon notification of award. 7. /X/ Brochures, catalogs, model numbers, or pertinent literature where applicable. 8. /X/ References. (Preferably from Educational Institution.) 9. /X/ Signature of bid manager. RFP FORM