ISSUED:       Tuesday January 3, 2023

 

PROPOSAL DUE DATE AND TIME:

Electronic Submission Required

 

PROPOSAL SUBMISSION:  Email link or pdf to:

director@troycommunitylandbank.org

 

DUE NO LATER THAN:                                                                          Monday January 16, 2023   3:00 pm

 

 

TABLE OF CONTENTS

  1. INTRODUCTION……………………………………………………………………………………………………………. 2
  2. REQUEST FOR PROPOSALS SUMMARY AND SCHEDULE……………………………………….. 2,3
  3. CONTEXT AND DESCRIPTION…………………………………………………………………………………….. 3
  4. PROPOSAL CONTENT REQUIREMENTS………………………………………………………………………. 4
  5. PROPOSAL SUBMISSION INSTRUCTIONS…………………………………………………………………. 4,5
  6. OTHER TERMS OF SUBMISSION, STATEMENT OF LIMITATIONS……………………………………………………………………………………..6
  7. EXHIBITS…………………………………………………..
  8. ATTACHED EXHIBITS A through E

 

 

 

 

 

 

 

1.O INTRODUCTION

 

Troy Community Land Bank Corporation (“TCLB”) invites you (may be referred to herein as “Applicant” or “Respondent”) to respond to this Request for Proposals (“RFP”) for surveying services for nine individual, separate sites each located in the North Central neighborhood of Troy, NY.

 

The TCLB was established in 2016 by the City of Troy to facilitate the process of acquiring, improving and redistributing tax-foreclosed, vacant or abandoned properties.   TCLB is a local public authority, established as a land bank by the Empire State Development Corporation, the TCLB is a 501 (c)3 non-profit organization committed to redeveloping vacant, abandoned and under-utilized properties through community partnerships and strategic planning.  TCLB’s goal is to encourage economic growth, long term sustainability and new opportunities for all of Troy’s residents and businesses so that we can build stronger neighborhoods and enjoy greater quality of life.

 

2.0 REQUEST FOR PROPOSALS SUMMARY AND SCHEDULE

 

 

RFP Response Contact:                  Heather King, Board of Directors Chair

         director@troycommunitylandbank.org

 

Proposal Delivery Location:           All submissions shall be made by email to                        

                                                          director@troycommunitylandbank.org in word and PDF formats 

 

 

Proposal Due Date:                       Monday January 16, 2022, BY 3:00 PM (EST) 

 

 

 

2.1   SCHEDULE:

TCLB requires surveys completed for each site included in our Legacy Cities grant application that has a limited open window.  This project is a high priority for the TCLB.  We would like to begin work as soon as contract award is conducted.

 

Issuance of RFP                                                                         Tuesday January 3, 2022

Proposals due from Respondents                                              Monday January 16, 2022

Anticipated Contract Award                                                     Wednesday January 18, 2022

 

 

3.0 CONTEXT AND DESCRIPTION

 

Proposal Sites and Tax Map ID

TCLB is seeking proposals for surveys for the following nine sites which currently house vacant buildings.

 

  1. 3215 6th Ave v 90.62-3-13                                       6.   836 River Street       90.62-3-49
  2. 3229 6th Ave 90.62-3-9                                            7.      17 Park Ave           90.63-2-9
  3. 3230 6th Ave 90.62-3-7
  4. 3340 6th Ave 90.55-3-27.
  5. 834 River St. 90.62-3-48

 

 

4.0 PROPOSAL REQUIREMENTS

TCLB is seeking proposals for surveys of nine sites.  Complete submission must include:

 

  • Executed Initial Disclosure Form (“Exhibit A”)
  • Executed Legal Status Form (“Exhibit B”)
  • Evidence of insurance coverage that meets or exceed the requirements below (“Exhibit C Insurance”)
  • Completed “Exhibit D” Quote Sheet
  • NYS Surveyor License number must be provided
  • Three professional references with contact information

 

5.0 PROPOSAL SUBMISSION INSTRUCTIONS

To respond to this RFQ, Respondents must submit a concise Proposal complying with the above noted required contents and following the format   requirements as outlined below.

 

PROPOSALS RECEIVED AFTER THE PROPOSAL DUE DATE WILL NOT BE CONSIDERED.

 

The Proposal submitted by the Respondents is the document upon which TCLB will make its initial judgment regarding the Respondent(s) qualifications, understanding of TCLB’s scope and objectives, methodology, and ability to complete the Project.

 

Those submitting proposals do so entirely at their own expense.  Prior to TCLB’s formal approval, including, but not limited to the execution of any required agreements or contracts, there is no express or implied obligation by TCLB whatsoever to reimburse any firm or individual for any costs incurred in preparing or submitting Proposals, preparing or submitting additional information requested by TCLB, participating in any selection interviews, negotiating and preparing contracts, or preparing any preliminary design or design documents. In addition, any due diligence, predevelopment work or any other effort undertaken by a Respondent in connection with submitting a Proposal is understood to be at the sole expense of the Respondent and will not be subject to reimbursement by TCLB.

 

Submission of any Proposal indicates acceptance of the conditions contained in the RFP, unless clearly and specifically noted otherwise in the Proposal. TCLB assumes no responsibility for delays caused   by any delivery services.

 

Up to the date and time Proposals are due, it is the responsibility of all parties interested in this RFP to refer to the TCLB website ( www.troycommunitylandbank.org) to check for  any addenda that have been issued for this RFP.

 

All Proposals submitted in response to this RFP are subject to the conditions of this RFP. TCLB, in its sole discretion, reserves the right to modify any matter contained in this RFP; cancel or suspend this RFP or to reject any or all Proposals received in response to this RFP; decide whether a Proposal does or does not substantially comply with the submittal requirements and procedures described in this RFP; waive minor informalities of any Proposal; obtain clarification or additional information to properly evaluate a Proposal; obtain references regarding any Respondent’s past performance from any source; and negotiate a contract with the successful Respondent. Neither issuance of this RFP nor evaluation of any Proposal(s) obligates TCLB to award a contract from this RFP.

 

All Proposals submitted in response to this RFP will become the property of TCLB and will be subject to disclosure pursuant New York State Law, except those portions of a Proposal that a Respondent requests exemption from disclosure consistent with New York State Law. TCLB will take reasonable measures to hold in confidence all Proposal contents but shall not be liable for the release of any information when required by law or court order.

 

The contents of this RFP, any subsequent correspondence related to final contract negotiations, and such other stipulations as agreed upon may be made a part of the final contract or agreement developed by TCLB.  The selected Surveyor may be subject to audit during the term of the agreement with TCLB and must ensure that adequate controls are in place to document the allowable activities and expenditure of TCLB funds.

 

After award, the any agreements between TCLB and the successful Respondent will be a public document and no part of any agreement can be designated as “Confidential” unless permitted otherwise by law

 

OTHER TERMS, CONDITIONS AND GENERAL PROVISIONS

 

2.0 STATEMENT OF LIMITATIONS

 

This RFP, all Proposals to this RFP, and any relationship between TCLB and Respondents arising from or connected or related to this RFP, are subject to specific limitations and representations expressed below, as well as the terms and conditions contained elsewhere in this RFP.

  1. By responding to this RFP, Respondents are deemed to accept and agree to this Statement of By submitting a response to this RFP, each Respondent acknowledges and accepts TCLB’s rights as set forth in the RFP, including this Statement of Limitations.
  2. The issuance of this RFP and the submission of a Proposal by any Respondent or the acceptance of such Proposal by TCLB does not obligate TCLB in any manner whatsoever with regard to engagement of services. TCLB will only incur such obligations upon the execution of a formal contract by TCLB and the awarded Respondent.
  3. All information submitted in response to this RFP, including accompanying documents, is subject to the Freedom of Information Law (FOIL) found in Article 6 of the N.Y. Public Officer Law. FOIL provides that certain records are exempt from disclosure, including those that contain trade secrets, (2) information that, if disclosed, would cause substantial injury to the competitive position of Respondent, or (3) critical infrastructure information. Respondents should identify portions of their Proposals and accompanying documents they believe fall under these exemptions by submitting their Proposals in both redacted and un-redacted form. Records may be redacted to protect only the portions of documents that fall within a FOIL An entire document may not be withheld if only a portion of the document is exempt from disclosure. Along with the redacted version, Respondents may provide a detailed justification for the portions of their Proposal they believe fall into the exemptions discussed above. Blanket assertions that information is a trade secret, confidential, or proprietary are insufficient to justify withholding information under FOIL. The identified information will be reviewed, and a determination will be made as to whether the information is exempt from disclosure under FOIL. The State’s determination may be appealed pursuant to POL §89(5)(c).
  4. TCLB reserves the right to (a) amend, modify, or withdraw this RFP in its sole discretion; (b) revise any requirements of this RFP; (c) reject any or all Proposals received in response to this RFP; (d) make an award under this RFP in whole or in part; (e) disqualify any Respondent whose conduct and/or Proposal fails to conform to the requirements of this RFP; (f) seek clarifications and revisions of Proposals; (g) use Proposal information obtained through interviews and its investigations of a Respondent’s qualifications, experience, ability or financial standing, and any material or information submitted by the Respondent in response to TCLB’s request for clarifying information in the course of evaluation and/or selection under this RFP; (h) prior to the Proposal selection, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available; (i) prior to the Proposal selection, direct Respondents to submit Proposal modifications addressing subsequent RFP amendments; (j) change any of the scheduled dates; (k) eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective Respondents; (l) waive any requirements that are not material; (m) negotiate with the selected Respondent within the scope of the RFP in the best interests of TCLB; (n) conduct contract negotiations with the next responsible Respondent, and should TCLB be unsuccessful in negotiating the selected Respondent; and utilize any and all ideas submitted in the Proposals received understanding of a Respondent’s Proposal and/or to determine a Respondent’s compliance with the requirements of this
  5. TCLB may exercise the foregoing rights at any time without notice and without liability to any Respondent or any other party for its expenses incurred in the preparation of proposals hereto or otherwise. Proposals hereto will be prepared at the sole cost and expense of each
  6. TCLB reserves the right to retain and use all the materials and information, and the ideas, suggestions therein, submitted in response to this RFP (collectively, the “Response Information”) for any purpose. Each Respondent must grant an unconditional and perpetual license without charge to TCLB to use any copyright or other legally protected rights in and to the Response Information. By submitting a Proposal, each Respondent waives any and all claims against TCLB relating to the retention or use of the Response
  7. This RFP shall not be construed in any manner to implement any of the actions contemplated herein, nor to serve as the basis for any claim whatsoever for reimbursement of costs for efforts expended in preparing a Proposal. TCLB will not be responsible for any costs incurred by Respondents related to preparing and submitting a Proposal in response to this RFP, attending oral presentations, or for any other associated costs.
  8. To the best of TCLB’s knowledge, the information provided herein is accurate. Respondents should undertake appropriate investigation in preparation of proposals. 

    2.1 REQUIRED DISCLOSURES

     

    The Proposal submission must include the following documents completed and executed by the Respondent: all Forms are attached under separate cover

     

    Exhibit A        Initial Disclosure Form

    Exhibit B         Legal Status Form

    Exhibit C        Insurance Requirements

    Exhibit D        Quote Sheet

     

     

     

    EXHIBIT A

    INITIAL DISCLOSURE FORM

     

    This form must be signed and returned with proposal

     

    1. Exceptions to the RFP (Please check one of the following)

     

                        This Proposal does not take exception to any requirement of the RFP, including but not limited to any of the terms of any contracts that are a part of this RFP

     

                        This Proposal does take exception to requirements of the RFP, or terms of any contracts contemplated thereby. The specific exceptions are listed in a separate attachment.

     

    1. State Debarment List Is the Respondent on the State of New York’s Debarment List?

                           Yes                                                 No

     

    3   Occupational Safety and Health Law Violations

    Has the Respondent or any firm, corporation, partnership or association in which it has

    an interest  been cited for three (3) or more willful or serious violations of any occupational safety and health act or of any standard, order or regulation promulgated pursuant to such act, during the three-year period preceding the Proposal (provided such violations were cited in accordance with the provisions of any state occupational safety and health act or the Occupational Safety and Health Act of 1970, and not abated within the time fixed by the citation and such citation has not been set aside following appeal to the appropriate agency or court having jurisdiction) or (2) received one or more criminal convictions related to the injury or death of any employee in the three-year period preceding the Proposal ?

                              Yes If “yes,” attach a sheet fully describing each such matter.

                               No

     

    1. Arbitration/Litigation

    Has either the Respondent or any of its principals (regardless of place of employment) been involved for the most recent ten (10) years in any resolved or pending arbitration or litigation?

                              Yes If “yes,” attach a sheet fully describing each such matter.

                               No

     

    1. 5. Criminal Proceedings

    Has the Respondent or any of its principals (regardless of the place of employment) ever

    been the          subject of any criminal proceedings?

                              Yes If “yes,” attach a sheet fully describing each such matter.

                               No

     

     

    1. Ethics and Offenses in Public Projects or Contracts

    Has the Respondent or any of its principals (regardless of the place of employment) ever been found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard or to have committed any other offense arising out of the submission of Proposals or bids or the performance of work on public works projects or contracts?

                              Yes   If “yes,” attach a sheet fully describing each such matter.

                               No

     

     

     

    EXHIBIT A   (CONTINUED) 

     

     

    NOTE:

    THIS DOCUMENT, IN ORDER TO BE CONSIDERED A VALID PROPOSAL MUST BE SIGNED BY A PRINCIPAL OFFICER OR OWNER OF THE BUSINESS ENTITY THAT IS SUBMITTING THE PROPOSAL. SUCH SIGNATURE CONSTITUTES THE RESPONDENT’S REPRESENTATIONS THAT IT HAS READ, UNDERSTOOD AND FULLY ACCEPTED EACH AND EVERY PROVISION OF EACH DOCUMENT COMPRISING THE RFP, UNLESS AN EXCEPTION IS DESCRIBED ABOVE.

     

    Firm Name:                                                                  

     

    Address                                                                         

     

     

    Signed By:                                                                    

    Title:                                                                              

     

     

    Date:_______________Telephone # __________________________

     

    Email:______________________                 Website: ________________________

     

     

    * The signatory must be an authorized representative of the Respondent with full power and authority to execute this Disclosure Form.

     

     

    Signature

     

     

     

     

     

     

    End of EXHIBIT A

     

     

     

     

     

     

     

     

     

     

    EXHIBIT B LEGAL STATUS FORM

    This form must be signed and returned with the Proposal

     

    Please fully complete the applicable section below, attached a separate sheet if you need additional space, and sign this form. This form must be signed and returned with the Proposal.
    For purposes of this disclosure, “permanent place of business” means an office continuously maintained, occupied and used by the Respondent’s regular employees regularly in attendance to carry on

    the Respondent’s business in the Respondent’s own name. An office maintained, occupied and used by a Respondent only for the duration of a contract will not be considered a permanent place

    of business. An

    Please Check One:
    Sole Proprietorship: ☐ Limited Liability Company: ☐ Corporation: ☐ Partnership: ☐
    If a Sole Proprietorship
    Respondent’s Full Legal Name:
    Does the Respondent have a “permanent place of business” in New York, as defined above?

    Yes No

    If yes, please provide full street address (Not a P.O. Box) of that “permanent place of business” below.

    Street Address:
    City: State: ZIP Code:
    Mailing Address (if different from Street Address):
    City: State: ZIP Code
    Owner’s Full Legal Name:
    Number of years engaged in business under “Sole Proprietor” or Trade Name:
    If a Corporation
    Respondent’s Full Legal Name:
    Does the Respondent have a “permanent place of business” in New York, as defined above?

    Yes ☐            No

    If yes, please provide full street address (Not a P.O. Box) of that “permanent place of business” below.

    Respondent’s Full Legal Name:
    Street Address:
    City: State: ZIP Code:
    Mailing Address (if different from Street Address):
    City: State: ZIP Code:
    Owner’s Full Legal Name:
    Number of years engaged in business:
    Name of Current Officers:
    Chief Executive Officer:
    President:
    CFO/Treasurer:
    Secretary:
    If a Limited Liability Company
    Respondent’s Full Legal Name:
    Does the Respondent have a “permanent place of business” in New York, as defined above?

    Yes No

    If yes, please provide full street address (Not a P.O. Box) of that “permanent place of business” below.

    Street Address:
    City: State: ZIP Code:
    Mailing Address (if different from Street Address):
    City: State: ZIP Code:
    Owner’s Full Legal Name:
    Number of years engaged in business:
    Number of Current Manager(s) or Member(s):
    If a Partnership
    Respondent’s Full Legal Name:
    Does the Respondent have a “permanent place of business” in New York, as defined above?

    Yes ☐          No

    If yes, please provide full street address (Not a P.O. Box) of that “permanent place of business” below.

    Street Address:
    City: State: Zip Code:
    Mailing Address (if different from Street Address):
    City: State: Zip Code:
    Owner’s Full Legal Name:
    Number of years engaged in business:
    Names of Current Partner(s):

     

     

     

     

    Disclosure Form Authorization

     

     

    Firm Name:                                                               

     

    Address                                                                       

     

     

    Telephone #  ____________________________

     

     

     

    Signature

     

     

     

    Signed By:                                                                  

    Title

     

    Date:                                                                            

     

     

     

     

    * The signatory must be an authorized representative of the Respondent with full power and   authority to execute this Disclosure Form.

     

     

     

     

     

     

     

    End of EXHIBIT B

     

     

     

    EXHIBIT C INSURANCE

     

    The Contractor shall provide for itself and maintain at its own cost and expense until the completion of the Work the following forms of insurance issued by an insurance company licensed to do business in the State of New York:

    (a)                          Commercial General Liability coverage with limits of liability not less than One Million Dollars ($1,000,000.00) per occurrence and not less than Two Million Dollars ($2,000,000.00) annual aggregate. If CGL coverage contains a General Aggregate Limit, such General Aggregate TCLB LCAP SURVEYING SERVICES RFP 12/16/2022 shall apply separately to each Property. The Contractor’s insurance shall include contractual liability coverage and completed operations coverage. CGL coverage shall be written on an “occurrence” basis with coverage as broad as the Insurance Service Office form and no policy provisions may restrict, reduce, limit or otherwise impair contractual liability coverage or the status of any additional insured party.

    (b)                          Comprehensive Automobile Liability coverage with limits of not less than One Million Dollars ($1,000,000.00) per accident.

    (c)                          Commercial Liability Umbrella coverage with limits of liability not less than One Million Dollars ($1,000,000.00).

    (d)                          Workers’ Compensation and Employers’ Liability in form and amounts required by law. The “Troy Community Land Bank, Inc.” shall be named as an additional insured on the policies required by subparagraphs (a), (b), (c) (d) and (e) above on a primary and non-contributory basis. The Contractor shall furnish certificates of insurance to the TCLB and corresponding policy endorsement setting forth the required coverage hereunder prior to entering the Property or commencing any Work, and such policies shall contain an endorsement requiring the carrier to give at least ten days’ prior notice of cancellation or suspension to the additional insured parties. All insurance required by this contract shall be on a primary and non-contributory basis to any insurance maintained by the TCLB. The Contractors policy may not contain any exclusion for New York Labor Law injury to any employees, whether employed by the Contractor or a subcontractor, or any other person performing any portion of the Work. The Contractor and his insurer shall waive all rights of subrogation against the TCLB and all other Indemnified Parties, on the policies required by subparagraphs (a), (b), (c), (d) and (e) above.

    (e)                          Professional Liability with limits of liability not less than One Million Dollars ($1,000,000.00) per Claim and ($2,000,000.00) in aggregate.

     

    Subcontractors are required to have an unmodified Commercial General Liability policy without limitation with respect to Employers Liability and injury to independent contractors. The Contractor shall have the affirmative duty to ensure that all subcontractors hired carry insurance with the same limits and provisions provided herein.   The Contractor agrees to cause each subcontractor to furnish the TCLB with copies of certificates of insurance and the corresponding policy endorsements setting forth the required coverage hereunder prior to any such Contractor entering the Property or commencing any Work. Indemnification by the Contractor. To the fullest extent permitted by applicable law, the contractor shall indemnify, defend, and hold harmless the Land Bank and its contractors, officers, directors, servants agents, representative and employees (each, individually, an “indemnified party” and, collectively, the “indemnified parties”), from and against any and all liabilities, damages, losses, costs, expenses (including, without limitation, any and all reasonable attorneys ’fees and disbursements), causes of action, suites, claims, damages, penalties, obligations, demands or judgements of any nature, including, without limitation, for death, personal injury, and property damage and claims brought by third parties for personal injury and/or property damage (Collectively, “Damages”) incurred by any identified party to the extent caused by (i) and breach of this contract by the contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, of (ii) the malfeasance, misfeasance, nonfeasance, negligence, unlawful act or omission, or intentional misconduct od the contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, arising out of or in connection with this Contract or the work. This paragraph shall survive the termination or expiration of this contract. TCLB SURVEY SERVICES RFP 12/16/2022

     

    End of EXHIBIT C

     

    EXHIBIT D

    BID FORM (Two Pages)

     

    The following price is submitted for all work covered by the bid documents to complete surveys for each of the sites listed below:

    Address Price Exclusions or clarifications
    3215 Sixth Avenue Tax ID 90.62-3-13  $  
    3229 Sixth Avenue Tax ID 90.62-3-9 $  
    3230 Sixth Avenue (double lot) Tax ID 90.62-3-7 $  
    3340 Sixth Avenue Tax ID 90.55-3-27 $  
    834 River Street Tax ID 90.62-3-48 $  
    836 River Street Tax ID 90.62-3-49 $  
    17 Park Avenue Tax ID 90.63-2-9 $  
      $  
                                                     Total for all seven sites $  

     

    SIGNING BELOW SIGNIFIES ACCEPTANCE TO ALL TERMS AND CONDITIONS.  NO OTHER DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS SHALL APPLY UNLESS AGREED TO IN WRITING BY THE AUTHORIZED SIGNATORIES OF BOTH PARTIES.

     

    WBE/MBE/SDVOB Policy It is the policy of the Land Bank that Minority-Owned Business Enterprises (MBE), Women-Owned Business Enterprises (WBE) and Service and Disabled Veterans owned businesses (SDVOB) are afforded the maximum opportunity to take part in the performance of contracts.  It is also the Land Bank’s goal to award Procurement Contracts to those procurement contractors who have evidenced compliance with the laws of the State of New York prohibiting discrimination in employment.

    Affirmative Action  As required by Executive Law § 312, and in compliance with the Land Bank’s procurement policy, any contractor awarded a procurement contract in excess of $25,000 for services rendered to the Land Bank must acknowledge this affirmative action policy and agree to implement the same by making every reasonable effort to award any subcontracts (none of hereby authorized) to MBEs and WBEs and to utilize minority and labor in the performance of any agreement that is awarded to the contractor. Specifically, any contractor awarded a contract more than $25,000 dollars will be expected to abide by the following provisions:

     

    The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination.  For purposes of this section, affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading’s, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

    EXHIBIT D CONTINUED

     

    At the request of the contracting agency, the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein.

    The contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the MWBE and/or SDVOB Threshold Contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

    Non -Collusion:  By submission of this RFP, each contractor and each person signing on behalf of any contractor certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:            1. The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other contractor or with any competitor; and           2.  Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the contractor and will not knowingly be disclosed by the contractor prior to opening, directly or indirectly, to any other contractor or to any competitor; and          3.  No attempt has been made or will be made by the contractor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

    Non-Discrimination Policy  In accordance with Article 15 of N.Y. Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor agrees that neither it nor any of its subcontractors shall, by reason of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

     

    Indemnification:

    To the fullest extent permitted by applicable law, the Contractor shall indemnify, defend, and hold harmless the Land Bank, and its contractors, officers, directors, servants, agents, representatives, and employees (each, individually, an “Indemnified Party” and, collectively, the “Indemnified Parties”), from and against any and all liabilities, damages, losses, costs, expenses (including, without limitation, any and all reasonable attorneys’ fees and disbursements), causes of action, suits, claims, damages, penalties, obligations, demands or judgments of any nature, including, without limitation, for death, personal injury and property damage and claims brought by third parties for personal injury and/or property damage (collectively, “Damages”) incurred by any Indemnified Party to the extent caused by (i) any breach of this Contract by the Contractor, its contractors, subcontractors, officers, directors, members, servants, agents, representatives, or employees, or (ii) the malfeasance, misfeasance, nonfeasance, negligence, unlawful act or omission, or intentional misconduct of the Contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, arising out of or in connection with this Contract or the Services to be performed hereunder. This paragraph shall survive the termination or expiration of this Contract.

    The Contractor, intending to be legally bound, hereby expressly agrees and covenants to hold harmless and indemnify Enterprise, its directors, officers, agents and employees from and against any and all third party costs, losses, actions, liability, demands, claims, damages and expenses of any nature or any kind (including, but not limited to, indebtedness, penalties, fines, Enterprise’s costs and reasonable legal fees) incurred in connection with this Grant or that arise out of any act or omission of the Contractor, any Subcontractors of the Contractor, or of any of their respective employees or agents except to the extent any such costs, liability, demands, claims, damages or expenses result from Enterprise’s gross negligence or willful misconduct.

     

    EXHIBIT D CONTINUED

     

    The Contractor shall be solely responsible and answerable in damages for any and all accidents or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor, or any Subcontractor pursuant to this Agreement.  Contractor’s obligations under this section shall survive termination of the agreement.

     

    Additional Terms:  All materials submitted in response to this RFP will become the property of the Land Bank.

    Submission of a proposal in response to this RFP shall constitute an offer on the part of the successful proposer to execute a Contract substantially as described herein.  News releases or other public announcements relating to this RFP shall not be made by any party receiving this RFP without the prior written approval of the Land Bank.

    All proposals submitted to the Land Bank in response to this RFP may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York (“FOIL”). An individual or firm submitting a proposal may provide in writing, at the time of its submission, a detailed description of the specific information contained in its submission which has been determined is a trade secret and which, if disclosed, would substantially harm such proposer’s competitive position. This characterization shall not be determinative but will be considered by the Land Bank when evaluating the applicability of any exemptions in response to a FOIL request.

     

    Submitted by:                                                                                                                                     

    Company Name                                              Email Address

     

                                                                                                                                       

    Signature                                                         Phone Number

                                                                                                                                       

    Printed Name                                                  Date

     

                                                                                                                                       

    Business Address

     

     

    End of EXHIBIT D

     

     

     

     


ISSUED:       Tuesday January 3, 2023

 

PROPOSAL DUE DATE AND TIME:

Electronic Submission Required

 

PROPOSAL SUBMISSION:  Email link or pdf to:

director@troycommunitylandbank.org

 

DUE NO LATER THAN:                                                                          Monday January 16, 2023   3:00 pm

 

 

TABLE OF CONTENTS

  1. INTRODUCTION……………………………………………………………………………………………………………. 2
  2. REQUEST FOR PROPOSALS SUMMARY AND SCHEDULE……………………………………….. 2,3
  3. CONTEXT AND DESCRIPTION…………………………………………………………………………………….. 3
  4. PROPOSAL CONTENT REQUIREMENTS………………………………………………………………………. 4
  5. PROPOSAL SUBMISSION INSTRUCTIONS…………………………………………………………………. 4,5
  6. OTHER TERMS OF SUBMISSION, STATEMENT OF LIMITATIONS……………………………………………………………………………………..6
  7. EXHIBITS…………………………………………………..
  8. ATTACHED EXHIBITS A through E

 

 

 

 

 

 

 

1.O INTRODUCTION

 

Troy Community Land Bank Corporation (“TCLB”) invites you (may be referred to herein as “Applicant” or “Respondent”) to respond to this Request for Proposals (“RFP”) for surveying services for nine individual, separate sites each located in the North Central neighborhood of Troy, NY.

 

The TCLB was established in 2016 by the City of Troy to facilitate the process of acquiring, improving and redistributing tax-foreclosed, vacant or abandoned properties.   TCLB is a local public authority, established as a land bank by the Empire State Development Corporation, the TCLB is a 501 (c)3 non-profit organization committed to redeveloping vacant, abandoned and under-utilized properties through community partnerships and strategic planning.  TCLB’s goal is to encourage economic growth, long term sustainability and new opportunities for all of Troy’s residents and businesses so that we can build stronger neighborhoods and enjoy greater quality of life.

 

2.0 REQUEST FOR PROPOSALS SUMMARY AND SCHEDULE

 

 

RFP Response Contact:                  Heather King, Board of Directors Chair

         director@troycommunitylandbank.org

 

Proposal Delivery Location:           All submissions shall be made by email to                        

                                                          director@troycommunitylandbank.org in word and PDF formats 

 

 

Proposal Due Date:                       Monday January 16, 2022, BY 3:00 PM (EST) 

 

 

 

2.1   SCHEDULE:

TCLB requires surveys completed for each site included in our Legacy Cities grant application that has a limited open window.  This project is a high priority for the TCLB.  We would like to begin work as soon as contract award is conducted.

 

Issuance of RFP                                                                         Tuesday January 3, 2022

Proposals due from Respondents                                              Monday January 16, 2022

Anticipated Contract Award                                                     Wednesday January 18, 2022

 

 

3.0 CONTEXT AND DESCRIPTION

 

Proposal Sites and Tax Map ID

TCLB is seeking proposals for surveys for the following nine sites which currently house vacant buildings.

 

  1. 3215 6th Ave v 90.62-3-13                                       6.   836 River Street       90.62-3-49
  2. 3229 6th Ave 90.62-3-9                                            7.      17 Park Ave           90.63-2-9
  3. 3230 6th Ave 90.62-3-7
  4. 3340 6th Ave 90.55-3-27.
  5. 834 River St. 90.62-3-48

 

 

4.0 PROPOSAL REQUIREMENTS

TCLB is seeking proposals for surveys of nine sites.  Complete submission must include:

 

  • Executed Initial Disclosure Form (“Exhibit A”)
  • Executed Legal Status Form (“Exhibit B”)
  • Evidence of insurance coverage that meets or exceed the requirements below (“Exhibit C Insurance”)
  • Completed “Exhibit D” Quote Sheet
  • NYS Surveyor License number must be provided
  • Three professional references with contact information

 

5.0 PROPOSAL SUBMISSION INSTRUCTIONS

To respond to this RFQ, Respondents must submit a concise Proposal complying with the above noted required contents and following the format   requirements as outlined below.

 

PROPOSALS RECEIVED AFTER THE PROPOSAL DUE DATE WILL NOT BE CONSIDERED.

 

The Proposal submitted by the Respondents is the document upon which TCLB will make its initial judgment regarding the Respondent(s) qualifications, understanding of TCLB’s scope and objectives, methodology, and ability to complete the Project.

 

Those submitting proposals do so entirely at their own expense.  Prior to TCLB’s formal approval, including, but not limited to the execution of any required agreements or contracts, there is no express or implied obligation by TCLB whatsoever to reimburse any firm or individual for any costs incurred in preparing or submitting Proposals, preparing or submitting additional information requested by TCLB, participating in any selection interviews, negotiating and preparing contracts, or preparing any preliminary design or design documents. In addition, any due diligence, predevelopment work or any other effort undertaken by a Respondent in connection with submitting a Proposal is understood to be at the sole expense of the Respondent and will not be subject to reimbursement by TCLB.

 

Submission of any Proposal indicates acceptance of the conditions contained in the RFP, unless clearly and specifically noted otherwise in the Proposal. TCLB assumes no responsibility for delays caused   by any delivery services.

 

Up to the date and time Proposals are due, it is the responsibility of all parties interested in this RFP to refer to the TCLB website ( www.troycommunitylandbank.org) to check for  any addenda that have been issued for this RFP.

 

All Proposals submitted in response to this RFP are subject to the conditions of this RFP. TCLB, in its sole discretion, reserves the right to modify any matter contained in this RFP; cancel or suspend this RFP or to reject any or all Proposals received in response to this RFP; decide whether a Proposal does or does not substantially comply with the submittal requirements and procedures described in this RFP; waive minor informalities of any Proposal; obtain clarification or additional information to properly evaluate a Proposal; obtain references regarding any Respondent’s past performance from any source; and negotiate a contract with the successful Respondent. Neither issuance of this RFP nor evaluation of any Proposal(s) obligates TCLB to award a contract from this RFP.

 

All Proposals submitted in response to this RFP will become the property of TCLB and will be subject to disclosure pursuant New York State Law, except those portions of a Proposal that a Respondent requests exemption from disclosure consistent with New York State Law. TCLB will take reasonable measures to hold in confidence all Proposal contents but shall not be liable for the release of any information when required by law or court order.

 

The contents of this RFP, any subsequent correspondence related to final contract negotiations, and such other stipulations as agreed upon may be made a part of the final contract or agreement developed by TCLB.  The selected Surveyor may be subject to audit during the term of the agreement with TCLB and must ensure that adequate controls are in place to document the allowable activities and expenditure of TCLB funds.

 

After award, the any agreements between TCLB and the successful Respondent will be a public document and no part of any agreement can be designated as “Confidential” unless permitted otherwise by law

 

OTHER TERMS, CONDITIONS AND GENERAL PROVISIONS

 

2.0 STATEMENT OF LIMITATIONS

 

This RFP, all Proposals to this RFP, and any relationship between TCLB and Respondents arising from or connected or related to this RFP, are subject to specific limitations and representations expressed below, as well as the terms and conditions contained elsewhere in this RFP.

  1. By responding to this RFP, Respondents are deemed to accept and agree to this Statement of By submitting a response to this RFP, each Respondent acknowledges and accepts TCLB’s rights as set forth in the RFP, including this Statement of Limitations.
  2. The issuance of this RFP and the submission of a Proposal by any Respondent or the acceptance of such Proposal by TCLB does not obligate TCLB in any manner whatsoever with regard to engagement of services. TCLB will only incur such obligations upon the execution of a formal contract by TCLB and the awarded Respondent.
  3. All information submitted in response to this RFP, including accompanying documents, is subject to the Freedom of Information Law (FOIL) found in Article 6 of the N.Y. Public Officer Law. FOIL provides that certain records are exempt from disclosure, including those that contain trade secrets, (2) information that, if disclosed, would cause substantial injury to the competitive position of Respondent, or (3) critical infrastructure information. Respondents should identify portions of their Proposals and accompanying documents they believe fall under these exemptions by submitting their Proposals in both redacted and un-redacted form. Records may be redacted to protect only the portions of documents that fall within a FOIL An entire document may not be withheld if only a portion of the document is exempt from disclosure. Along with the redacted version, Respondents may provide a detailed justification for the portions of their Proposal they believe fall into the exemptions discussed above. Blanket assertions that information is a trade secret, confidential, or proprietary are insufficient to justify withholding information under FOIL. The identified information will be reviewed, and a determination will be made as to whether the information is exempt from disclosure under FOIL. The State’s determination may be appealed pursuant to POL §89(5)(c).
  4. TCLB reserves the right to (a) amend, modify, or withdraw this RFP in its sole discretion; (b) revise any requirements of this RFP; (c) reject any or all Proposals received in response to this RFP; (d) make an award under this RFP in whole or in part; (e) disqualify any Respondent whose conduct and/or Proposal fails to conform to the requirements of this RFP; (f) seek clarifications and revisions of Proposals; (g) use Proposal information obtained through interviews and its investigations of a Respondent’s qualifications, experience, ability or financial standing, and any material or information submitted by the Respondent in response to TCLB’s request for clarifying information in the course of evaluation and/or selection under this RFP; (h) prior to the Proposal selection, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available; (i) prior to the Proposal selection, direct Respondents to submit Proposal modifications addressing subsequent RFP amendments; (j) change any of the scheduled dates; (k) eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective Respondents; (l) waive any requirements that are not material; (m) negotiate with the selected Respondent within the scope of the RFP in the best interests of TCLB; (n) conduct contract negotiations with the next responsible Respondent, and should TCLB be unsuccessful in negotiating the selected Respondent; and utilize any and all ideas submitted in the Proposals received understanding of a Respondent’s Proposal and/or to determine a Respondent’s compliance with the requirements of this
  5. TCLB may exercise the foregoing rights at any time without notice and without liability to any Respondent or any other party for its expenses incurred in the preparation of proposals hereto or otherwise. Proposals hereto will be prepared at the sole cost and expense of each
  6. TCLB reserves the right to retain and use all the materials and information, and the ideas, suggestions therein, submitted in response to this RFP (collectively, the “Response Information”) for any purpose. Each Respondent must grant an unconditional and perpetual license without charge to TCLB to use any copyright or other legally protected rights in and to the Response Information. By submitting a Proposal, each Respondent waives any and all claims against TCLB relating to the retention or use of the Response
  7. This RFP shall not be construed in any manner to implement any of the actions contemplated herein, nor to serve as the basis for any claim whatsoever for reimbursement of costs for efforts expended in preparing a Proposal. TCLB will not be responsible for any costs incurred by Respondents related to preparing and submitting a Proposal in response to this RFP, attending oral presentations, or for any other associated costs.
  8. To the best of TCLB’s knowledge, the information provided herein is accurate. Respondents should undertake appropriate investigation in preparation of proposals. 

    2.1 REQUIRED DISCLOSURES

     

    The Proposal submission must include the following documents completed and executed by the Respondent: all Forms are attached under separate cover

     

    Exhibit A        Initial Disclosure Form

    Exhibit B         Legal Status Form

    Exhibit C        Insurance Requirements

    Exhibit D        Quote Sheet

     

     

     

    EXHIBIT A

    INITIAL DISCLOSURE FORM

     

    This form must be signed and returned with proposal

     

    1. Exceptions to the RFP (Please check one of the following)

     

                        This Proposal does not take exception to any requirement of the RFP, including but not limited to any of the terms of any contracts that are a part of this RFP

     

                        This Proposal does take exception to requirements of the RFP, or terms of any contracts contemplated thereby. The specific exceptions are listed in a separate attachment.

     

    1. State Debarment List Is the Respondent on the State of New York’s Debarment List?

                           Yes                                                 No

     

    3   Occupational Safety and Health Law Violations

    Has the Respondent or any firm, corporation, partnership or association in which it has

    an interest  been cited for three (3) or more willful or serious violations of any occupational safety and health act or of any standard, order or regulation promulgated pursuant to such act, during the three-year period preceding the Proposal (provided such violations were cited in accordance with the provisions of any state occupational safety and health act or the Occupational Safety and Health Act of 1970, and not abated within the time fixed by the citation and such citation has not been set aside following appeal to the appropriate agency or court having jurisdiction) or (2) received one or more criminal convictions related to the injury or death of any employee in the three-year period preceding the Proposal ?

                              Yes If “yes,” attach a sheet fully describing each such matter.

                               No

     

    1. Arbitration/Litigation

    Has either the Respondent or any of its principals (regardless of place of employment) been involved for the most recent ten (10) years in any resolved or pending arbitration or litigation?

                              Yes If “yes,” attach a sheet fully describing each such matter.

                               No

     

    1. 5. Criminal Proceedings

    Has the Respondent or any of its principals (regardless of the place of employment) ever

    been the          subject of any criminal proceedings?

                              Yes If “yes,” attach a sheet fully describing each such matter.

                               No

     

     

    1. Ethics and Offenses in Public Projects or Contracts

    Has the Respondent or any of its principals (regardless of the place of employment) ever been found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard or to have committed any other offense arising out of the submission of Proposals or bids or the performance of work on public works projects or contracts?

                              Yes   If “yes,” attach a sheet fully describing each such matter.

                               No

     

     

     

    EXHIBIT A   (CONTINUED) 

     

     

    NOTE:

    THIS DOCUMENT, IN ORDER TO BE CONSIDERED A VALID PROPOSAL MUST BE SIGNED BY A PRINCIPAL OFFICER OR OWNER OF THE BUSINESS ENTITY THAT IS SUBMITTING THE PROPOSAL. SUCH SIGNATURE CONSTITUTES THE RESPONDENT’S REPRESENTATIONS THAT IT HAS READ, UNDERSTOOD AND FULLY ACCEPTED EACH AND EVERY PROVISION OF EACH DOCUMENT COMPRISING THE RFP, UNLESS AN EXCEPTION IS DESCRIBED ABOVE.

     

    Firm Name:                                                                  

     

    Address                                                                         

     

     

    Signed By:                                                                    

    Title:                                                                              

     

     

    Date:_______________Telephone # __________________________

     

    Email:______________________                 Website: ________________________

     

     

    * The signatory must be an authorized representative of the Respondent with full power and authority to execute this Disclosure Form.

     

     

    Signature

     

     

     

     

     

     

    End of EXHIBIT A

     

     

     

     

     

     

     

     

     

     

    EXHIBIT B LEGAL STATUS FORM

    This form must be signed and returned with the Proposal

     

    Please fully complete the applicable section below, attached a separate sheet if you need additional space, and sign this form. This form must be signed and returned with the Proposal.
    For purposes of this disclosure, “permanent place of business” means an office continuously maintained, occupied and used by the Respondent’s regular employees regularly in attendance to carry on

    the Respondent’s business in the Respondent’s own name. An office maintained, occupied and used by a Respondent only for the duration of a contract will not be considered a permanent place

    of business. An

    Please Check One:
    Sole Proprietorship: ☐ Limited Liability Company: ☐ Corporation: ☐ Partnership: ☐
    If a Sole Proprietorship
    Respondent’s Full Legal Name:
    Does the Respondent have a “permanent place of business” in New York, as defined above?

    Yes No

    If yes, please provide full street address (Not a P.O. Box) of that “permanent place of business” below.

    Street Address:
    City: State: ZIP Code:
    Mailing Address (if different from Street Address):
    City: State: ZIP Code
    Owner’s Full Legal Name:
    Number of years engaged in business under “Sole Proprietor” or Trade Name:
    If a Corporation
    Respondent’s Full Legal Name:
    Does the Respondent have a “permanent place of business” in New York, as defined above?

    Yes ☐            No

    If yes, please provide full street address (Not a P.O. Box) of that “permanent place of business” below.

    Respondent’s Full Legal Name:
    Street Address:
    City: State: ZIP Code:
    Mailing Address (if different from Street Address):
    City: State: ZIP Code:
    Owner’s Full Legal Name:
    Number of years engaged in business:
    Name of Current Officers:
    Chief Executive Officer:
    President:
    CFO/Treasurer:
    Secretary:
    If a Limited Liability Company
    Respondent’s Full Legal Name:
    Does the Respondent have a “permanent place of business” in New York, as defined above?

    Yes No

    If yes, please provide full street address (Not a P.O. Box) of that “permanent place of business” below.

    Street Address:
    City: State: ZIP Code:
    Mailing Address (if different from Street Address):
    City: State: ZIP Code:
    Owner’s Full Legal Name:
    Number of years engaged in business:
    Number of Current Manager(s) or Member(s):
    If a Partnership
    Respondent’s Full Legal Name:
    Does the Respondent have a “permanent place of business” in New York, as defined above?

    Yes ☐          No

    If yes, please provide full street address (Not a P.O. Box) of that “permanent place of business” below.

    Street Address:
    City: State: Zip Code:
    Mailing Address (if different from Street Address):
    City: State: Zip Code:
    Owner’s Full Legal Name:
    Number of years engaged in business:
    Names of Current Partner(s):

     

     

     

     

    Disclosure Form Authorization

     

     

    Firm Name:                                                               

     

    Address                                                                       

     

     

    Telephone #  ____________________________

     

     

     

    Signature

     

     

     

    Signed By:                                                                  

    Title

     

    Date:                                                                            

     

     

     

     

    * The signatory must be an authorized representative of the Respondent with full power and   authority to execute this Disclosure Form.

     

     

     

     

     

     

     

    End of EXHIBIT B

     

     

     

    EXHIBIT C INSURANCE

     

    The Contractor shall provide for itself and maintain at its own cost and expense until the completion of the Work the following forms of insurance issued by an insurance company licensed to do business in the State of New York:

    (a)                          Commercial General Liability coverage with limits of liability not less than One Million Dollars ($1,000,000.00) per occurrence and not less than Two Million Dollars ($2,000,000.00) annual aggregate. If CGL coverage contains a General Aggregate Limit, such General Aggregate TCLB LCAP SURVEYING SERVICES RFP 12/16/2022 shall apply separately to each Property. The Contractor’s insurance shall include contractual liability coverage and completed operations coverage. CGL coverage shall be written on an “occurrence” basis with coverage as broad as the Insurance Service Office form and no policy provisions may restrict, reduce, limit or otherwise impair contractual liability coverage or the status of any additional insured party.

    (b)                          Comprehensive Automobile Liability coverage with limits of not less than One Million Dollars ($1,000,000.00) per accident.

    (c)                          Commercial Liability Umbrella coverage with limits of liability not less than One Million Dollars ($1,000,000.00).

    (d)                          Workers’ Compensation and Employers’ Liability in form and amounts required by law. The “Troy Community Land Bank, Inc.” shall be named as an additional insured on the policies required by subparagraphs (a), (b), (c) (d) and (e) above on a primary and non-contributory basis. The Contractor shall furnish certificates of insurance to the TCLB and corresponding policy endorsement setting forth the required coverage hereunder prior to entering the Property or commencing any Work, and such policies shall contain an endorsement requiring the carrier to give at least ten days’ prior notice of cancellation or suspension to the additional insured parties. All insurance required by this contract shall be on a primary and non-contributory basis to any insurance maintained by the TCLB. The Contractors policy may not contain any exclusion for New York Labor Law injury to any employees, whether employed by the Contractor or a subcontractor, or any other person performing any portion of the Work. The Contractor and his insurer shall waive all rights of subrogation against the TCLB and all other Indemnified Parties, on the policies required by subparagraphs (a), (b), (c), (d) and (e) above.

    (e)                          Professional Liability with limits of liability not less than One Million Dollars ($1,000,000.00) per Claim and ($2,000,000.00) in aggregate.

     

    Subcontractors are required to have an unmodified Commercial General Liability policy without limitation with respect to Employers Liability and injury to independent contractors. The Contractor shall have the affirmative duty to ensure that all subcontractors hired carry insurance with the same limits and provisions provided herein.   The Contractor agrees to cause each subcontractor to furnish the TCLB with copies of certificates of insurance and the corresponding policy endorsements setting forth the required coverage hereunder prior to any such Contractor entering the Property or commencing any Work. Indemnification by the Contractor. To the fullest extent permitted by applicable law, the contractor shall indemnify, defend, and hold harmless the Land Bank and its contractors, officers, directors, servants agents, representative and employees (each, individually, an “indemnified party” and, collectively, the “indemnified parties”), from and against any and all liabilities, damages, losses, costs, expenses (including, without limitation, any and all reasonable attorneys ’fees and disbursements), causes of action, suites, claims, damages, penalties, obligations, demands or judgements of any nature, including, without limitation, for death, personal injury, and property damage and claims brought by third parties for personal injury and/or property damage (Collectively, “Damages”) incurred by any identified party to the extent caused by (i) and breach of this contract by the contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, of (ii) the malfeasance, misfeasance, nonfeasance, negligence, unlawful act or omission, or intentional misconduct od the contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, arising out of or in connection with this Contract or the work. This paragraph shall survive the termination or expiration of this contract. TCLB SURVEY SERVICES RFP 12/16/2022

     

    End of EXHIBIT C

     

    EXHIBIT D

    BID FORM (Two Pages)

     

    The following price is submitted for all work covered by the bid documents to complete surveys for each of the sites listed below:

    Address Price Exclusions or clarifications
    3215 Sixth Avenue Tax ID 90.62-3-13  $  
    3229 Sixth Avenue Tax ID 90.62-3-9 $  
    3230 Sixth Avenue (double lot) Tax ID 90.62-3-7 $  
    3340 Sixth Avenue Tax ID 90.55-3-27 $  
    834 River Street Tax ID 90.62-3-48 $  
    836 River Street Tax ID 90.62-3-49 $  
    17 Park Avenue Tax ID 90.63-2-9 $  
      $  
                                                     Total for all seven sites $  

     

    SIGNING BELOW SIGNIFIES ACCEPTANCE TO ALL TERMS AND CONDITIONS.  NO OTHER DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS SHALL APPLY UNLESS AGREED TO IN WRITING BY THE AUTHORIZED SIGNATORIES OF BOTH PARTIES.

     

    WBE/MBE/SDVOB Policy It is the policy of the Land Bank that Minority-Owned Business Enterprises (MBE), Women-Owned Business Enterprises (WBE) and Service and Disabled Veterans owned businesses (SDVOB) are afforded the maximum opportunity to take part in the performance of contracts.  It is also the Land Bank’s goal to award Procurement Contracts to those procurement contractors who have evidenced compliance with the laws of the State of New York prohibiting discrimination in employment.

    Affirmative Action  As required by Executive Law § 312, and in compliance with the Land Bank’s procurement policy, any contractor awarded a procurement contract in excess of $25,000 for services rendered to the Land Bank must acknowledge this affirmative action policy and agree to implement the same by making every reasonable effort to award any subcontracts (none of hereby authorized) to MBEs and WBEs and to utilize minority and labor in the performance of any agreement that is awarded to the contractor. Specifically, any contractor awarded a contract more than $25,000 dollars will be expected to abide by the following provisions:

     

    The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination.  For purposes of this section, affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading’s, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

    EXHIBIT D CONTINUED

     

    At the request of the contracting agency, the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein.

    The contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the MWBE and/or SDVOB Threshold Contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

    Non -Collusion:  By submission of this RFP, each contractor and each person signing on behalf of any contractor certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:            1. The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other contractor or with any competitor; and           2.  Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the contractor and will not knowingly be disclosed by the contractor prior to opening, directly or indirectly, to any other contractor or to any competitor; and          3.  No attempt has been made or will be made by the contractor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

    Non-Discrimination Policy  In accordance with Article 15 of N.Y. Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor agrees that neither it nor any of its subcontractors shall, by reason of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

     

    Indemnification:

    To the fullest extent permitted by applicable law, the Contractor shall indemnify, defend, and hold harmless the Land Bank, and its contractors, officers, directors, servants, agents, representatives, and employees (each, individually, an “Indemnified Party” and, collectively, the “Indemnified Parties”), from and against any and all liabilities, damages, losses, costs, expenses (including, without limitation, any and all reasonable attorneys’ fees and disbursements), causes of action, suits, claims, damages, penalties, obligations, demands or judgments of any nature, including, without limitation, for death, personal injury and property damage and claims brought by third parties for personal injury and/or property damage (collectively, “Damages”) incurred by any Indemnified Party to the extent caused by (i) any breach of this Contract by the Contractor, its contractors, subcontractors, officers, directors, members, servants, agents, representatives, or employees, or (ii) the malfeasance, misfeasance, nonfeasance, negligence, unlawful act or omission, or intentional misconduct of the Contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, arising out of or in connection with this Contract or the Services to be performed hereunder. This paragraph shall survive the termination or expiration of this Contract.

    The Contractor, intending to be legally bound, hereby expressly agrees and covenants to hold harmless and indemnify Enterprise, its directors, officers, agents and employees from and against any and all third party costs, losses, actions, liability, demands, claims, damages and expenses of any nature or any kind (including, but not limited to, indebtedness, penalties, fines, Enterprise’s costs and reasonable legal fees) incurred in connection with this Grant or that arise out of any act or omission of the Contractor, any Subcontractors of the Contractor, or of any of their respective employees or agents except to the extent any such costs, liability, demands, claims, damages or expenses result from Enterprise’s gross negligence or willful misconduct.

     

    EXHIBIT D CONTINUED

     

    The Contractor shall be solely responsible and answerable in damages for any and all accidents or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor, or any Subcontractor pursuant to this Agreement.  Contractor’s obligations under this section shall survive termination of the agreement.

     

    Additional Terms:  All materials submitted in response to this RFP will become the property of the Land Bank.

    Submission of a proposal in response to this RFP shall constitute an offer on the part of the successful proposer to execute a Contract substantially as described herein.  News releases or other public announcements relating to this RFP shall not be made by any party receiving this RFP without the prior written approval of the Land Bank.

    All proposals submitted to the Land Bank in response to this RFP may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York (“FOIL”). An individual or firm submitting a proposal may provide in writing, at the time of its submission, a detailed description of the specific information contained in its submission which has been determined is a trade secret and which, if disclosed, would substantially harm such proposer’s competitive position. This characterization shall not be determinative but will be considered by the Land Bank when evaluating the applicability of any exemptions in response to a FOIL request.

     

    Submitted by:                                                                                                                                     

    Company Name                                              Email Address

     

                                                                                                                                       

    Signature                                                         Phone Number

                                                                                                                                       

    Printed Name                                                  Date

     

                                                                                                                                       

    Business Address

     

     

    End of EXHIBIT D