Term Agreement for Highway Design Support Services - New York Division

The New York State Thruway Authority (“Authority”) is seeking to retain a qualified engineering firm to provide highway design services in the New York Division. Assignments will be made as needed to support the delivery of the Authority’s Contracts Program. The current Contracts Program can be found on page 53 of the 2024 Budget Book 2024-budget.pdf (ny.gov).  The primary assignment will be for the Major Degan Expressway (MP 0.0) to Cross Westchester Expressway (Exit 8, MP 11.3) Pavement Resurfacing project. This project includes full depth pavement repairs, 2” mill and pave of travel lanes and shoulders, safety improvements, bridge wearing surfaces and joint repairs, rock slope scaling and fence work, highway lighting, concrete median barrier replacement, and drainage improvements and repairs.  Additional assignments may be made at any time over the duration of the contract and may be concurrent.  The New York State Thruway is a limited access, high-speed, high-volume highway. The pavement typically consists of the original (1950/60s) reinforced concrete pavement overlaid with asphalt. Projects will primarily include resurfacing or rehabilitating five to ten-mile segments of highway to extend the service life of the pavement, upgrade roadside safety and improve drainage.   Construction staging and traffic control to minimizing traffic disruptions will be a major component of the design. Projects may include, but not limited to:  1R pavement resurfacing with roadside safety and drainage improvements 2R/3R pavement rehabilitation with roadside safety and drainage improvements Concrete pavement restoration Highway culvert replacement/rehabilitation The engineering firm will complete preliminary engineering (Phase I-IV) in accordance with the New York State Department of Transportation (NYSDOT) Project Development Manual resulting in Final Design Report/Design Approval Document. Preliminary engineering tasks may include, but not be limited to:  Pavement evaluation and treatment type selection Land surveying and ROW mapping Hydraulic analysis Subsurface investigation Traffic analysis and modeling Environmental review and documentation  The firm will also complete final design (Phase V-VI) in accordance with the NYSDOT Highway Design Manuals, including developing contract documents (Plans, Specifications and Estimate). The anticipated value of this agreement may be up to $6.0 million. The duration of this agreement is three (3) years and the Authority shall have the option, in its sole discretion, to extend this agreement for two (2) additional one (1) year terms, subject to available funding. Note: No additional assignments will be made after year 3. Any questions regarding requirements presented in this advertisement must be addressed to one of the Authority individuals listed below. In order for a firm’s Letter of Interest (LOI) to be considered by the Authority, the following three (3) points must be met. If any of these three (3) points are not met, the LOI will not be reviewed, and the firm will not be considered for selection.   The LOI shall be no more than three (3) standard single-spaced typewritten pages, using a 10 point or greater Arial (not Arial Narrow) font (line spacing and text), with a minimum ½ inch margin on all sides. Font scaling shall be set to one hundred percent (100%). Font spacing shall be set to “normal.” All firms listed in the LOI must be currently registered with the NYS Department of State and must be able to conduct business in New York State. Where professional services (including engineering, architecture, and survey) are required, all firms listed in the LOI must be currently registered with the New York State Department of Education, Office of the Professions to practice in New York State, and must be able to legally provide professional services in NYS under the name as stated in the LOI (see below for additional details). If a firm will not be providing professional services, it must be clearly noted.  Submittal Package Electronic submissions are encouraged. If submitting electronically, only one copy is required. If submitting via mail, two copies are required. The LOI must be submitted as a single, three-page pdf. In addition to the three-page LOI, firms are required to submit a one-page organizational chart that shows the major activities proposed as well as the individuals or firms with primary responsibility for each activity. The following forms must be completed by the prime consultant and submitted with the LOI:  A State Finance Law §§ 139-j and 139-k Contractor Disclosure of Prior Non- Responsibility Determinations Form (TA-W3053-9) and, A Certificate of Compliance with the Authority Guidelines Regarding Permissible Contacts During a Procurement and the Prohibition of Inappropriate Lobbying Influence (TA-W2111-9) for your firm. These forms are available at http://www.thruway.ny.gov/business/consultants/forms/index.html#law. Do not staple these forms to the letter of interest. If submitting electronically, these items should be submitted in a second pdf, separate from the LOI. An interested firm and any proposed sub-consultants and sub-contractors that the firm is proposing to use on this agreement must also have a Standard Form (SF) 330 (ONLY PART 2), Architect-Engineer and Related Services Questionnaire on file with the Authority. If the firm has previously submitted the SF 330 to the Authority and such form will be less than one-year old on the date when the LOI is due, the firm does NOT need to send another copy. All SF 330s must include the firm’s Federal ID number in Box #1. If submitting a SF 330, please enclose only one copy and do not staple it to the LOI. If submitting electronically, the SF 330 should not be included as part of the LOI pdf. The SF 330 form is available on the Authority’s website at: http://www.thruway.ny.gov/business/consultants/forms/index.html  LOI Requirements/Content The LOI should include the items listed below, which form the basis for the firm’s evaluation score.  An explanation of the prime consultant’s understanding of the assignment.  The names of any other firms that will be involved in this agreement, the work to be completed by each firm, and the estimated percentage of work to be assigned to each firm. The firm names used in the LOI must exactly match the name on record with the Department of State. Scoring of the LOI may be negatively affected if the correct name is not used in the LOI.  Current and recent experience by the prime consultant and any sub-consultants and sub-contractors on similar work assignments as well as. Please include completion dates, dollar values, and role of the firm for each assignment.  The names, certifications and qualifications of the proposed staff members (prime consultant, sub-consultants, and sub-contractors) who will be used on this agreement, including relevant assignments, role, completion dates, and dollar value.  For each proposed staff member, include any current assignments that require twenty (20) percent or more of the individual’s time. If a staff member is working on fewer than two assignments that meet the 20 percent threshold, the firm shall list at least two of that person’s largest assignments. For each of the assignments, provide a description of the assignment, the person’s role, percentage of the person’s time, and completion date of the person’s work on that assignment.  The Authority is committed to providing Minority-owned Business Enterprises (MBE), Women-owned Business Enterprises (WBE), Service-Disabled Veteran-owned Business Enterprises (SDVOB) with opportunities to participate in the Authority’s contracting and procurement processes in accordance with New York State Executive Law Articles 15-A,17-B, and all applicable federal and state laws, rules, regulations and Executive Orders, herein incorporated by reference.  The following goals have been established for this agreement:  Service-Disabled Veteran-Owned Set Aside: No  Total Overall MWBE Participation Goal: 30%  Service-Disabled Veteran-Owned Business Goal: 6%  Please ensure that the MWBE/SDVOB percentages are met. This includes all sub-consultants (including primary MWBE/SDVOB firms) and sub-contractors.  In order to encourage the use of MWBE/SDVOB firms that have limited Authority experience, a firm may include one or two “secondary” MWBE/SDVOB firms in the LOI. Submission of these “secondary” firms is not mandatory and they will not be evaluated/scored in the selection process. With approval from the Authority, these “secondary” MWBE firms will be included in the executed agreement. A brief explanation of the work that might be assigned to each firm should be included in the LOI.  A certification that all prime consultant staff members and all employees of any proposed sub-consultants and sub-contractors who are former employees of the Authority or New York State and who will be performing work on this agreement are performing such services in accordance with the provisions of the Public Officers Law, other laws applicable to the service of current or former Authority or New York State employees, and/or the rules, regulations, opinions, guidelines or policies promulgated or issued by the New York Commission on Public Integrity.  In accordance with State Finance Law §139-l, by submission of a LOI, each firm/proposer and each person signing on behalf of any firm certifies, under penalty of perjury, that the firm has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law. The LOI shall not be considered for selection nor shall any award be made to a firm who has not complied with this requirement; provided, however, that if the firm cannot make the foregoing certification, such firm shall so state and shall furnish with the LOI a signed statement which sets forth in detail the reasons therefor.  Firms are encouraged to visit the consultant section of the Authority's website at: http://www.thruway.ny.gov/business/consultants/guidelines.html for additional detail concerning the content of the LOI.  New York State Vendor Responsibility An interested firm and any sub-consultants and sub-contractors that the firm is proposing to use on this agreement must have completed a State of New York Vendor Responsibility Questionnaire using the Office of the State Comptroller’s New York State VendRep System (http://www.osc.state.ny.us/vendrep/index.htm), within a year of when the LOI is due. A hard copy Questionnaire shall not be submitted with the LOI.  Each firm submitting a LOI must verify and ensure that it and its proposed sub-consultants and sub-contractors have the required authorizations and certifications in order to practice engineering, surveying, and other licensed professions. (verification can be found by visiting http://www.op.nysed.gov) and to legally operate as a business in New York State (verification can be found by visiting http://www.dos.ny.gov). The firm and their proposed sub-consultants and sub- contractors names listed in the LOI shall appear exactly as they are registered to practice and operate as a business in New York State. Do not send the certifications with the LOI.  Chapter 1 of the Laws of 2005, as amended by Chapter 596 of the Laws of 2005 (collectively referred to as the “Lobbying Law”), made major changes to the Legislative Law and State Finance Law relative to lobbying on government procurements. More specifically, the Lobbying Law created two new sections in the State Finance Law: Section 139-j addresses restrictions on “contacts” during the procurement process; and Section 139-k addresses the disclosure of contacts and the responsibility of bidders/proposers during the procurement process. The Lobbying Law applies to all procurements initiated on or after January 1, 2006. In this regard, a procurement means a contract or agreement involving an annual expenditure in excess of $15,000 for a commodity, service, technology, public work, or construction; purchase, sale or lease of real property; or revenue contract. This proposed agreement is subject to the provisions of the Lobbying Law. As such, firms are required to review the ‘Thruway Authority Guidelines Regarding Permissible Contacts During a Procurement and the Prohibition of Inappropriate Lobbying Influence (TAP-335)’. These Guidelines can be found on the Authority’s Website at http://www.thruway.ny.gov/business/consultants/forms/index.html   Service-Disabled Veteran-Owned Set Aside: No Total MWBE Participation Goals: 30% Service-Disabled Veteran-Owned Business Contracting Goal: 6% Due date:09/03/2024 5:00 PM (Submissions will be locked to preserve the competitive process and only opened after the submission deadline has passed). Contract term: Three years, with an option for the Authority to extend for two (2) additional one (1) year terms. County(ies): Westchester Business entities awarded an identical or substantially similar procurement contract within the past five years: None