Risk Management: 8/26/2026

TOWN OF BROOKHAVEN, NEW YORK

REQUEST FOR PROPOSALS

RFP #26-06

The Division of Purchasing is on behalf of the Department of Highways, Division of Stormwater is soliciting proposals from qualified Proposers to provide Engineering Services for Riverhead Drive &

Thomas Road Bulkhead Repair, Sound Beach, NY

RFP SCHEDULE

This RFP is available for download at BidNet - Town of Brookhaven

You must be registered with BidNet to view/download the RFP document. If you are not registered, please follow the prompts to do so after navigating to the Brookhaven BidNet portal.

RFP Timeline o Advertised Date: September 10, 2026 o Technical Questions Due By: September 24, 2026 o Questions must be emailed to Town Contacts o Q & A Addendum Issued no later than: September 29, 2026 o Proposal Due Date: October 6, 2026, by 4:30pm

If submitting electronically: The Consultant is responsible to ensure that the Proposal is submitted in its entirety by the stated due date and time in BidNet - Town of Brookhaven.

If submitting by sealed physical delivery: The Consultant is responsible to ensure that the Proposal is delivered to the Office of the Division of Purchasing at Town Hall, by the stated due date and time.

Contact Information Christina Williams, Principal Purchasing Agent: cwilliams@brookhavenny.gov

Amanda Boland, Senior Purchasing Agent: aboland@brookhavenny.gov

TOWN OF BROOKHAVEN

Department of Finance - Division of Purchasing

One Independence Hill Farmingville, NY 11738

(631) 451-6252

RFP #26-06 Page 1 of 29 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bidnetdirect.com%2Ftownofbrookhaven&data=05%7C02%7Cbhein%40brookhavenny.gov%7C58d660fb86944749ca5f08de966c4f45%7C856ec158f34b4b4f9850b009cdae49fe%7C0%7C0%7C639113589085819402%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=sbaq2iplqb4suyJiGA4joRHN8omBMhtsQ45E0z25hAs%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bidnetdirect.com%2Ftownofbrookhaven&data=05%7C02%7Cbhein%40brookhavenny.gov%7C58d660fb86944749ca5f08de966c4f45%7C856ec158f34b4b4f9850b009cdae49fe%7C0%7C0%7C639113589085819402%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=sbaq2iplqb4suyJiGA4joRHN8omBMhtsQ45E0z25hAs%3D&reserved=0 mailto:cwilliams@brookhavenny.gov mailto:aboland@brookhavenny.gov

Table of Contents

I. INTRODUCTION

A. PURPOSE……………

B. BACKGROUND AND INTENT

II. SCOPE OF WORK

III. STATEMENT OF PROPOSAL EVALUATION

A. EVALUATION PROCEDURES

B. EVALUATION CRITERIA

IV. GENERAL INFORMATION

A. TOWN CONTACT PERSONS

B. ORAL/WRITTEN COMMUNICATIONS

C. CHANGES TO RFP

D. JOINT OFFERS / SUB-CONSULTANTS

E. EXCEPTIONS/DEVIATIONS

F. PRE-CONTRACTUAL EXPENSES

G. TOWN’S RIGHTS AND OPTIONS

H. WITHDRAWAL OF PROPOSAL IRROVACABLE

I. DISPOSITION OF PROPOSAL

J. INSURANCE REQUIREMENTS

K. STANDARD AGREEMENT

L. TERM OF CONTRACT

M.MEDIA STATEMENTS AND NEWS RELEASES

V. PROPOSAL SUBMITTAL REQUIREMENTS, FORMAT AND CONTENT

A. LETTER OF TRANSMITTAL

B. TABLE OF CONTENTS

C. EXECUTIVE SUMMARY

D. BUSINESS ORGANIZATION

E. PROJECT DESCRIPTION

F. STAFFING AND PROJECT ORGANIZATION

G. REFERENCES

H. RELEVANT EXPERIENCE

I. FINANCIAL QUALIFICATIONS

J. ADDITIONAL REQUIREMENTS

K. CRITERIA FOR SELECTION

L. EQUAL OPPORTUNITY

VI. ATTACHMENTS

A - PROJECT AERIAL

B - PICTURES

C - PROJECT PLANS 2006

D - PROJECT PLANS 2013

EXHIBIT A QUALIFICATION AND REFERENCE TEMPLATE ……………………. 16

EXHIBIT B INSURANCE REQUIREMENTS…………………………………………. 17

EXHIBIT C ADDITIONAL TOWN REQUIRED FORMS……………………………18-26

EXHIBIT D CHECK LIST…………………………………………………………….….27

EXHIBIT E COST PROPOSAL TEMPLATE ……………………………………………28

RFP #26-06 Page 2 of 29

I. INTRODUCTION

A. PURPOSE

The Town of Brookhaven is soliciting proposals from qualified firms / proposers to provide engineering services for the Riverhead Drive & Thomas Road Bulkhead repair project, located in the Hamlet of Sound Beach. The goal of this project is to identify structural failures and develop engineered solutions to repair points of failure along the bulkhead and the associated slumping gabion basket system situated at the toe of the slope and above the existing bulkhead.

B. BACKGROUND AND INTENT

In 2006, the Town of Brookhaven mitigated a drainage system situated in an easement located on the property of the Sound Beach Property Owners Association (0200-01300-0100-001001). The improvements included new upland drainage, a water quality unit, a new outfall pipe, pipe support, gabion baskets, and approximately 190 LF of new bulkhead that met the existing bulkhead on both sides of the project area. In 2013, and following Superstorm Sandy, the Town conducted a minor erosion control improvement project at this same location. Plans for both projects are included in this RFP as attachments.

Site inspections of the bulkhead by Town of Brookhaven staff indicate that material may be seeping through a joint failure where the two different bulkheads converge. The resultant loss of material may be contributing to slumping of the gabion basket system located above the bulkhead.

A professional engineering firm(s) is sought to assist the Town with developing engineered plans, environmental permits, construction bid services and provide construction inspection and oversight for the bulkhead repair and site mitigation measures.

Anticipated project schedule:

Winter 2026/2027 – design development.

Spring 2027 – regulatory permit applications.

Summer 2027 – construction bid services.

Fall – commence construction.

II. SCOPE OF WORK

The selected consultant will be tasked with developing engineered plans to repair the bulkhead at all points of failure, mitigate the gabion basket system, and provide site restoration as needed.

Engineering services shall include, at a minimum, site assessment, topographic survey, project plans and details, and an engineer’s estimate. Final engineered plans must be suitable for environmental permit applications and issuance of construction bids.

State and Town environmental regulatory permit applications will be required for submission to the appropriate agencies. The selected consultant will be responsible for submission and payment thereof to the applicable agencies and responding to any requests for revisions to permit applications, if warranted. (The Town’s Wetland permit fee is waived for Town constructed projects.) Coordination with the Sound Beach Property Owners Association will be required for all environmental permit applications.

RFP #26-06 Page 3 of 29

Coordination with the Town’s purchasing department will be required to prepare construction bid packages, review responses, and make recommendations for construction services. Upon selection of a contractor, the selected consultant will review and approve contractor submittals and payment vouchers, provide construction oversight and part time inspections. Part time inspections should be presumed to mean an average of 20 hours per week of site inspections as appropriate. Construction administration and review of RFIs are not included in the presumed inspection hours. Project assumes a 2-month construction schedule from mobilization to final restoration.

The selected consultant will be responsible for submitting: a proposed schedule of completion for review and approval, monthly progress reports during the planning stages of the project, weekly progress reports during the construction stages, all field meeting summaries, photo documentation of all phases of construction, all required financial documentation for payment approvals, and any documentation the Town may need to comply with the requirements of all environmental permits. Occasional office meetings, field meetings and conference calls with Town staff will be required.

Cost proposals shall be provided based on the scope of work and the following tasks:

Task 1: Initial scoping - Initial scoping shall include, but not be limited to, an exchange of information, preliminary site assessment, and proposed schedule of completion indicating deliverables at major milestones.

Task 2: Progress reports - Progress reports and meeting summaries shall include, but not be limited to, summaries of all meetings associated with the project including conference calls and field meetings. Monthly progress reports on the status of all activities should accompany monthly payment requests. Weekly email progress reports shall be sent to the project manager for the duration of the contact.

Task 3: Engineered plans - Engineered plans and construction cost estimate shall include, but not be limited to, survey work, analysis of field data, designs submitted for review by the Town at 30%, 60% and 100% design development, distribution of project plans to involved agencies, as appropriate, and probable cost estimates at each phase of design.

Task 4: Environmental permits – Environmental permits shall include the submission of project plans and permit application documents to all regulatory agencies with jurisdiction over the project area, regardless of whether the permit application type is identified in this RFP or a response thereof. Consultants are responsible for all permit application fees unless explicitly stated otherwise.

Task 5: Bid services – Bid services shall include, but not be limited to, preparation of the construction bid package utilizing the Town template, review of all bidder responses for compliance with Town requirements and providing a written recommendation of award for a construction services contract.

Task 6: Construction services - Construction oversight and inspections shall include, but not be limited to, construction inspections and reports and construction management services including review and approval of all submittals, requests for change orders, and contractor invoices submitted for payment.

Cost proposal shall include anticipated number of staff hours per task. Failure to summarize all staff hours by task, inclusive of services provided by subs, will be disqualified. A separate line item should be provided for out-of-pocket expenses such as permit fees, borings, etc. The cost proposal shall be submitted in a separate sealed envelope using the cost proposal template (Exhibit E) found on page 29.

RFP #26-06 Page 4 of 29

III. PROPOSAL EVALUATION

A. EVALUATION PROCEDURES

Process All proposals will be reviewed, analyzed and evaluated in accordance with the criteria described in Section B.

Request for Additional Information The Town may require supplemental information to evaluate a Proposal. The Responder will be notified if supplemental information is required and permitted a reasonable period to submit the information.

Additionally, the Town reserves the right to interview selected Responders and request presentations.

Interviews Subsequent to the receipt of submissions, the Town may choose to conduct interviews of some or all respondents in order to assist in the making of its final determination. Should such interview be required, the affected Respondents shall be notified of the date and time of the interview and as to the nature of issues to be discussed during the interview to the best of the Town’s ability.

B. EVALUATION CRITERIA

Responses to this RFP submitted by the established deadline will be reviewed, and a qualified engineering firm will be selected in accordance with the following selection criteria:

i. General Qualifications of Firm and Staff Assigned to Project - 25 Points

ii. Technical Evaluation of Project Understanding/Approach – 45 Points

iii. Cost Evaluation – 30 Points

IV. GENERAL INFORMATION

A. TOWN CONTACT PERSONS

Christina Williams, Principal Purchasing Agent, cwilliams@brookhavenny.gov Amanda Boland, Senior Purchasing Agent, aboland@brookhavenny.gov

B. ORAL/WRITTEN COMMUNICATIONS

Any oral communication by the Town’s Contact Person(s) or designee concerning this RFP is not binding and shall in no way modify the RFP or the obligations of the Town or Responder. The Town will issue responses to technical questions in a written Addendum which will be given to all recipients of record.

1. Administrative questions (e.g. procedural questions on how to respond to this RFP) may be asked either by telephone or email, to the Town Contacts cited on page one (1) or in General Instructions A.

2. Technical questions MUST be submitted by email to the Town Contacts noted on page one (1) or in General Instructions A.

3. The Town of Brookhaven shall not be obligated to answer any questions received after the specified deadline.

4. All written communications MUST be sent to both Town Contacts listed.

5. No comments or inquiries should be directed to any Town employee or official regarding this RFP during the RFP process, except as may be permitted to the Purchasing Office. Failure to comply may result in disqualification.

RFP #26-06 Page 5 of 29

C. CHANGES TO RFP

If it is necessary to make material changes to the RFP, the Town will notify all those who have registered and downloaded the RFP from the Town of Brookhaven website that an addendum has been posted to the website and is available for viewing and downloading. It shall be the responsibility of the Consultant to inquire of the listed Town Contacts as to any addenda issued. All addenda issued shall become part of the RFP. In addition, responses to written questions will be incorporated in an RFP addendum.

D. JOINT OFFERS / SUB-CONSULTANTS

Where two (2) or more Consultants desire to submit a single Proposal in response to this RFP, the submission should be on a consultant/sub-consultant basis rather than as a joint venture. The Town of Brookhaven intends to contract with an individual firm and not with multiple firms doing business as a joint venture. If a sub-consultant is to be used, that fact must be disclosed in the Proposal, together with the name of each sub-consultant and the professional services to be provided. The sub-consultant shall be subject to the same contract requirements as the Responder.

E. EXCEPTIONS/DEVIATIONS

Any exceptions to or deviations from the requirements set forth in this RFP must be declared in the Proposal submitted by the Consultant. Such exceptions or deviations must be segregated as a separate element of the Proposal under the heading “Exceptions and Deviations.” The Town may waive any immaterial deviation or defect in a Proposal. The Town’s waiver shall in no manner modify the RFP documents or excuse the Consultant from full compliance with the RFP requirements if awarded the contract.

F. PRE-CONTRACTUAL EXPENSES

All Proposals prepared in response to this RFP are at the sole expense of the Responder, and with the express understanding that there will be no claim, whatsoever for reimbursement from the Town for the expenses of preparation. The Town shall not be liable any expenses incurred by the Responder prior to the date of award and commencement of contract services.

G. TOWN’S RIGHTS AND OPTIONS

This RFP constitutes only an invitation to provide the Town with a proposal relative to the purpose as set forth in Section 1 INTRODUCTION. Issuance of this RFP and receipt of Proposal does not commit the Town to award a contract. The Town reserves, holds and may in its sole discretion exercise, the following rights, and options with respect to this RFP:

• To select and enter into a contract with the Responder(s) whose qualifications best meets the needs of the Town and is most responsive to the RFP;

• To amend or cancel all or part of this RFP;

• To reject any or all submissions or any part thereof, in response to this RFP, and to waive formalities, if such action is deemed to be in the best interest of the Town;

• To request additional information from any Consultant;

• To award negotiated contracts to one or more Consultants;

• To issue additional subsequent Requests for Proposals;

• To conduct investigations with respect to the qualifications of each Consultant;

• To negotiate with the Consultant for amendments or other modifications to their Proposal; and,

• To interview selected Consultant and request presentations.

H. WITHDRAWAL OF PROPOSAL IRROVACABLE

RFP #26-06 Page 6 of 29

A Consultant may withdraw its Proposal at any time prior to the submittal deadline by sending the Town a request in writing from the authorized person who signed the submitted Proposals. As of the deadline for submittal, any Proposal received by the Town and not withdrawn becomes an irrevocable offer available for acceptance by the Town immediately and for one hundred and twenty (120) days thereafter. The Town reserves the right to extend its time for acceptance of the Proposal for an additional thirty (30) days. The Consultant is responsible for the accuracy of the Proposal submitted and no allowance will be made for errors or price increases that the Consultant later alleges are retroactively applicable.

I. DISPOSITION OF PROPOSALS

All materials submitted in response to this RFP become the property of the Town and become public record, except for information not subject to disclosure pursuant to New York State Public Officers Law, Article 6.

During the evaluation process, the content of each RFP will be held in confidence and details of any RFP will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. SHOULD

THE FIRM’S PROPOSAL CONTAIN ANY SUCH TRADE SECRETS OR OTHER CONFIDENTIAL

OR PROPRIETARY INFORMATION, A REQUEST TO EXEMPT SUCH INFORMATION FROM

DISCLOSURE MUST BE SUBMITTED. SUCH REQUEST MUST BE IN WRITING, MUST STATE

THE REASONS WHY THE INFORMATION SHOULD BE EXEMPT FROM DISCLOSURE AND

MUST BE PROVIDED AT THE TIME OF SUBMISSION OF THE SUBJECT INFORMATION.

REQUESTS FOR EXEMPTION OF THE ENTIRE CONTENTS OF A PROPOSAL FROM

DISCLOSURE HAVE GENERALLY NOT BEEN FOUND TO BE MERITORIOUS AND ARE

DISCOURAGED. KINDLY LIMIT ANY REQUESTS FOR EXEMPTION OF INFORMATION

FROM DISCLOSURE TO BONA FIDE TRADE SECRETS OR SPECIFIC INFORMATION, THE

DISCLOSURE OF WHICH WOULD CAUSE A SUBSTANTIAL INJURY TO THE COMPETITIVE

POSITION OF THE FIRM.

J. INSURANCE REQUIREMENTS

The Consultant(s) shall provide all necessary insurance certificates to the Town prior to the commencement of work pursuant to the contract and the Town shall be named as an additional insured.

SEE EXHIBIT C FOR INSURANCE REQUIREMENTS

K. STANDARD AGREEMENT

The Consultant(s) selected through this RFP shall enter into a written contract with the Town, upon such terms and conditions as required by the Town Attorney’s Office. The Responder shall comply with all applicable laws, rules and regulations. Any agreement entered into with the Town is non-a s s i g n a b l e without the prior written consent of the Town.

L. TERM OF CONTRACT

The contract term shall commence on or about October 30, 2026 and shall continue for two (2) years, or completion of the specific project, as applicable or amended by the Town and agreed to by both parties.

M. MEDIA STATEMENTS AND NEWS RELEASES

News releases pertaining to any award resulting from this RFP may not be issued without the prior written approval of the Town. Consultant agrees that no brochure, news/media/press release, public announcement, memorandum or other information of any kind regarding the proposed contract shall be

RFP #26-06 Page 7 of 29 disseminated in any way to the public, nor shall any presentation be given regarding the proposed contract without prior written approval from the Town, which written approval shall not be unreasonably withheld.

V. PROPOSAL SUBMITTAL REQUIREMENTS, FORMAT AND CONTENT

Delivery of Proposals by the specified deadline is the sole responsibility of the Consultant. Any Proposal received after this date and time may not be considered. The Town of Brookhaven shall not be responsible for, nor accept as a valid excuse for late Proposal receipt, any delay in mail service or other method of delivery used by the Consultant, except where it can be established that the Town of Brookhaven was the sole cause of the late receipt.

Method of Submittal – The Town of Brookhaven’s preferred method of submittal is electronic submission through the SOVRA BidNet - Town of Brookhaven Direct portal.

Please use the following link to access Brookhaven’s BidNet portal

• www.bidnetdirect.com//townofbrookhaven

• You must be registered with BidNet to submit an electronic Proposal. If you are not registered, please follow the prompts to do so after navigating to the Brookhaven BidNet portal.

• Navigate to “Open Solicitations” and follow the prompts to submit your Proposal.

If you wish to submit a sealed physical delivery of your Proposal, please contact either of the following individuals from the Town of Brookhaven Purchasing Division who will guide you on the appropriate hard-copy submission steps:

Christina Williams – cwilliams@brookhavenny.gov Amanda Boland – aboland@brookhavenny.gov

FORMAT OF YOUR PROPOSAL SHOULD INCLUDE:

A. LETTER OF TRANSMITTAL

• Identification of Primary Contact, including business name, address, and telephone number.

• Name, title, address, telephone number, fax number and e-mail address of a contact.

Acknowledgement of RFP addenda received, if any; and,

• Signature of a person authorized to bind the offering firm to the terms of the Proposal.

B. TABLE OF CONTENTS

• Immediately following the introduction and cover letter, insert a complete table of contents for material included in the Proposal, including page numbers.

C. EXECUTIVE SUMMARY

• Summarize the strong points of the redevelopment Proposal and related experience, commitment to the area, and how your firm is uniquely qualified to be the selected Consultant for this project.

D. BUSINESS ORGANIZATION

• Description of the firm’s history and ownership.

• State the full name and address of the organization as well as all sub-consultants, if applicable.

• Indicate whether you operate as an individual, partnership, or corporation; if as a corporation, RFP #26-06 Page 8 of 29 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bidnetdirect.com%2Ftownofbrookhaven&data=05%7C02%7Cbhein%40brookhavenny.gov%7C58d660fb86944749ca5f08de966c4f45%7C856ec158f34b4b4f9850b009cdae49fe%7C0%7C0%7C639113589085819402%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=sbaq2iplqb4suyJiGA4joRHN8omBMhtsQ45E0z25hAs%3D&reserved=0 http://www.bidnetdirect.com/townofbrookhaven include the state in which you are incorporated.

• State the names of the principals of your firm who are licensed to practice in the State of New

York.

E. PROJECT DESCRIPTION

• The Consultant’s ability to meet the SOW requirements:

a. Include a clear and concise plan for accomplishing the specified work as outlined in SOW.

b. Describe succinctly how the Consultant would accomplish the work and satisfy the Town’s objectives described in this RFP.

c. If appropriate, divide the work into segments or tasks to represent milestones for measuring progress.

d. Ability to comply with the time schedule as set forth.

e. Describe the work products and other deliverables that would be provided to the Town at the conclusion of the engagement.

f. Describe what information, documents, staff assistance and facilities that may be required from the Town of Brookhaven.

F. STAFFING AND PROJECT ORGANIZATION

Identification of assigned staff that includes:

a. A brief description of qualifications, professional certifications, job functions and office location(s).

b. Designated Manager responsible for oversight and administration

c. Project Manager who would provide day-to-day direction of the required work.

d. Furnish brief resumes for all key personnel; include the resumes as an appendix.

e. Include a simple organization chart that clearly delineates the project staff’s communication and reporting relationships

f. Certificate: Proof of Authorization to do business in the State of New York

G. REFERENCES

• Provide a comprehensive list of Municipalities and other public agencies for which the

Consultant has provided similar professional services that are demonstratively relevant to this project (See reference format submittal page attached to complete in Exhibit B).

H. RELEVANT EXPERIENCE

• A listing of recent and relevant experience in similar projects successfully completed within the last 10 years that includes the firm’s function during those projects (prime or subconsultant, project cost, the firm’s share of total project costs, and other relevant aspects). This part is limited to five (5) pages.

I. FINANCIAL QUALIFICATIONS

Each submission must include the following financial information as available

• Please provide:

a. Certified audited financial reports for the last three (3) years, if available

b. Latest quarterly report and annual statement (if available).

c. Internal statements if certified statements are not available or have not been issued within the last months.

• Indebtedness to Town, Liens, and Litigation:

a. Submit a statement as to indebtedness, if any, listing all outstanding liens, if any, against the Consultant.

RFP #26-06 Page 9 of 29

b. Submit a summary of all litigation, if any, against the Consultant and disposition or outcome of same.

• Statement of Bankruptcy:

a. If applicable, include a statement disclosing any bankruptcy(ies) filed within the last seven (7) years.

b. The statement must include: the date the bankruptcy was originally filed, the current status, and, if applicable, the date the bankruptcy was discharged.

Documents under this section will be considered "business confidential" and protected from public disclosure.

Such confidential information can be returned to the responders upon request.

J. ADDITIONAL REQUIREMENTS

In addition, all forms included in Exhibit B-D must be completed and signed where indicated on the respective documents.

K. CRITERIA FOR SELECTION

The Town reserves the right to reject any or all Proposals in any order or combination, accept or reject portions of any Proposals, make modifications to the work after submission of Proposals and waive any informalities in any submitted Proposals if they deem it in the Town’s best interest to do so, without any liability on the part of the Town.

L. EQUAL OPPORTUNITY

Any selection by the Town of Brookhaven of a respondent for engagement shall be made without regard to age, disability, religion, creed, or belief, political affiliation, race, gender, or ethnicity. It is the policy of the Town of Brookhaven to comply with all federal, state and local laws, policy, orders, rules and regulations which prohibit unlawful discrimination because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, and to take affirmative action in working with contracting parties to ensure that New York State Business Enterprises, Minority and Women-owned Business Enterprises (M/WBEs), Minority Group Members and women share in the economic opportunities generated by the Town’s participation in projects or initiatives and/or the use of Town funds or resources. M/WBEs are encouraged to respond to this

RFP.

RFP #26-06 Page 10 of 29

Exhibit A

QUALIFICATION AND

REFERENCE

TEMPLATE

RFP #26-06 Page 11 of 29

EXHIBIT A

REFERENCES

Expand fields and duplicate this page as necessary.

RFP 26-06 – Engineering Services for Riverhead Drive & Thomas Road Bulkhead Repair, Sound Beach, NY

CONSULTANT:

Provide the following information for each reference submitted. Fields will expand as you type.

Reference Company #1:

Principal Contact Person:

Address:

City, State, Zip:

Telephone Number:

Email Address:

Type of Government Entity

Number of years Consultant provided services to this entity:

Brief description of the scope of services provided:

Contract Period:

Annual Contract Value:

Reference Company #2:

Principal Contact Person:

Address:

City, State, Zip:

Telephone Number:

Email Address:

Type of Government Entity

Number of years Consultant provided services to this entity:

Brief description of the scope of services provided:

Contract Period:

Annual Contract Value:

RFP #26-06 Page 12 of 29

Exhibit B

Insurance Requirements

RFP #26-06 Page 13 of 29

EXHIBIT B

INSURANCE REQUIREMENTS

The successful bidder shall supply and maintain insurance which defends, indemnifies, and holds harmless the Town of Brookhaven, its officers, employees, and agents from and against all liability, damage claims, demands, costs, judgments, fees, attorney's fees or loss arising directly out of acts or omissions hereunder by the contractor or third party under the direction or control of the contractor. The successful bidder must furnish the Town with Certificates of Insurance prior to execution of the contract. The required coverage shall not be less than the following:

1. Commercial General Liability: General Aggregate - $2,000,000.00; Per Occurrence $1,000,000.00 (for both bodily injury and property damage)

2. Automobile Liability: Any auto coverage - $1,000,000.00

3. Proof of Workers’ Compensation Insurance Coverage (Statutory requirements). Upon award, the Proposer must submit one of the following:

• Form C-105-2 - Workers’ Compensation Certificate issued by Private Insurance

• Form U-26.3 – issued by New York State Insurance Fund

• Form SI-12 - Certificate of Worker’s Compensation Self-Insurance or Form G105.2 Certificate of Participation in Worker’s Compensation Group Self-Insurance

• Form CE-200 – Certification of Attestation of Exemption from New York State

4. Proof of Disability and Paid Family Leave Benefits Coverage (Statutory requirements). Upon award, the Proposer must submit one of the following:

• Form DB-120.1 – Certificate of Insurance- Disability and Paid Family Leave

• Form DB-120-2 – Certification of Participation in Disability or Disability and Paid Family

Leave Group Self Insurance

• Form 155 – Certificate of Self Insurance Disability and Paid Family Leave

• Form CE-200 – Certificate of Attestation of Exemption from New York State Disability and

Paid Family Leave

5. Professional Errors and Omissions Insurance - coverage of not less than $1,000,000.00 per claim and $2,000,000.00 annual aggregate.

6. Information Technology and Cyber Security Insurance as Required.

INSURANCE CERTIFICATES SHALL NAME THE TOWN OF BROOKHAVEN AS

ADDITIONAL INSURED PARTY AND SHALL STATE THAT ALL COVERAGE SHALL BE

PRIMARY TO ANY OTHER INSURANCE COVERAGE HELD BY THE TOWN AND MUST BE

MAINTAINED DURING THE TERM OF THE CONTRACT.

The Town of Brookhaven is named as an additional insured party for all general and excess liability coverage based on the contractual liability of the named insured. Such general and excess liability coverage shall be primary to any other coverage carried by the Town of Brookhaven with respects to acts or omissions of the named insured. Nothing contained herein shall be construed as making said general and excess liability insurance primary insurance for acts or omissions of the Town of Brookhaven.

The Town Commissioner of Finance may modify the insurance requirements, prior to the commencement of services, if it can be demonstrated that the scope of services to be performed does not warrant such coverage. Insurance certificates shall be subject to the review and approval of the Town’s Commissioner of Finance. It shall be further stipulated thereon that the Town of Brookhaven shall be given at least thirty

(30) days’ notice of cancellation of said coverage, which shall be remitted to the Department of Finance – RFP #26-06 Page 14 of 29

Division of Purchasing, One Independence Hill, Farmingville, New York 11738.

RFP #26-06 Page 15 of 29

Exhibit C

Additional Town Required Forms

RFP #26-06 Page 16 of 29

TOWN OF BROOKHAVEN DISCLOSURE STATEMENT

STATE OF ___________________________)

ss:

COUNTY OF _________________________)

I, _______________________________________, ___________________________________________ Name Title of Corporate Officer or Partner or Principal being duly sworn, deposes and swear under the penalties of perjury:

• That is in connection with the Proposal for the ____________________________________________ that no other person will have any direct or indirect interest in this Proposal except:

(In case of corporations, all officers of the corporation and stockholders owning more than 5% of the corporation stock must be listed.) Attach additional sheet if necessary.

• That ________________________________________________ related to any officer or employee (I am not) (none of the officers or stockholders are) of the Town of Brookhaven except___________________________________________________

• There is not any state or local officer or employee or a member of a board of commissioners of a local public authority or any other public corporation within the Town, exclusive of a volunteer fireman or civil defense volunteer, interested in such application.

SIGNATURE AND TITLE

RFP #26-06 Page 17 of 29

TOWN OF BROOKHAVEN SUPPLEMENTAL DISCLOSURE

Proposer Name _________________________________________________________________

Address _______________________________________________________________

FEDERAL IDENTIFICATION # OR SOCIAL SECURITY #___________________________________

Proposer will furnish the following information: List only similar type of work performed:

FOR WHOM PERFORMED CONTRACT AMOUNT DATE COMPLETED

1. Have you ever failed to complete any work awarded to you?__________________________________ If yes, indicate where and why__________________________________________________________

2. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a contract?____________________________________________ If yes, indicate name of individual, other organization and reason therefore:

3. Has any officer or partner of your organization ever failed to complete a contract in his own name?___ If yes, state name of individual and reason therefore:________________________________________

4. Within the last ten years, has any legal action, criminal or civil, ever been commenced by the Town or by any other governmental entity/agency against the corporation or against any other legal entity or subsidiary associated with the proposer, or has any legal action, criminal or civil, been commenced against any officer, principal, member, partner or employee 1) of the proposer, or 2) of the other legal entity/subsidiary associated, presently or within the last ten years, in any manner, with the proposer?

YES________ NO________

If yes, identify the parties to the legal proceeding(s) and indicate the nature of the legal action

5. In what other lines of business are you financially interested?

6. The work, if awarded to you, will have the personal supervision of whom?

7. Has the Proposer, during the past 7 years filed for bankruptcy, or have been declared bankrupt?

YES____ NO____ If YES, state date, court jurisdiction, amount of liabilities and amount of assets.

SIGNATURE AND TITLE______________________________________________________________

RFP #26-06 Page 18 of 29

STATEMENT OF NON-COLLUSION

Representations and Certifications of Proposer

All proposals and contracts awarded or accepted by a municipality must contain a statement of non-collusion.

By submission of this Proposal, the Proposer certifies that:

• This Proposal has been independently arrived at without collusion with any other Proposer or with any competitor or potential competitor.

• This Proposal has not been knowingly disclosed and will not be knowingly disclosed prior to the opening of Proposals for this project to any other Proposer, competitor or potential competitor.

• No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a Proposal.

• The person signing this Proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification under the penalties of perjury, affirms the truth thereof and is aware of such penalties being applicable to the Proposer as well as to the person signing on its behalf;

• The attached hereto (if a corporation Proposer) is a certified copy of the resolution authorizing the execution of this certificate by the person signing on its behalf.

Resolved that _______________________________________ be authorized to sign and submit the Name of Individual proposal of ___________________________________________________________________________ Company Name and to certify as to non-collusion as the act and deed of such corporation/partnership and for any inaccuracies or misstatements in such certificates this corporate Proposer shall be liable under the penalties of perjury.

SIGNATURE AND TITLE

RFP #26-06 Page 19 of 29

TOWN OF BROOKHAVEN BOARD OF ETHICS TRANSACTIONAL DISCLOSURE

Applicant Name _____________________________________________________________________ Last Name First Name M.I.

Address ______________________________________________________________________________

NATURE OF APPLICATION: CHECK ALL THAT APPLY

TAX GRIEVANCE EXEMPTION FROM PLAT OR OFFICIAL MAP

APPROVAL OF PLAT LICENSE OR PERMIT

VARIANCE OTHER: MUNICIPAL CONTRACT

AMENDMENT CHANGE OF ZONE

Does any officer of the State of New York, Officer or Employee of the Town of Brookhaven, Officer or Employee of Suffolk County, Officer of a political party in Suffolk County or his or her spouse, brother, sister, parent, child, grandchild, or the spouse of any of them have an interest in this application by virtue of being the actual applicant, or by virtue of having an interest in the corporation, partnership or association making such application ?

YES NO

If you answered “YES”, complete the rest of the form, date and sign where indicated.

If you answered “NO”, simply sign and date the form where indicated.

INTERESTED PARTY AND NATURE OF INTEREST

Name:

Address:

Title:

Relationship to Public Officer/Employee and his or her title if other than self:

INTERESTED PARTY YES NO

A) Is the owner of greater than five percent (5%) of the corporate stock of the applicant when the applicant is a corporation whose stock is listed on the New York or American Stock Exchanges;

B) The actual applicant;

C) An officer, director, partner or employee of the applicant; or

D) Legally or beneficially owns or controls any stock of a non-publicly traded corporate applicant or is a member of a partnership or association of the applicant.

DATE SIGNATURE OF APPLICANT

RFP #26-06 Page 20 of 29

AFFIDAVIT IF PROPOSER IS A CORPORATION

ss:

COUNTY OF _________________________)

__________________________________________, being duly sworn, deposes and says:

Name

I am the _________________________of___________________________________________, Title of Corporate Officer Corporation Name the above named corporation, whose name is subscribed to and which executed the foregoing proposal. I reside at ________________________________in the________________________ of___________________________, state of__________________________________________

I have knowledge of the several matters therein stated and they are in all respects true.

Signature of person who signed proposal

RFP #26-06 Page 21 of 29

AFFIDAVIT IF PROPOSER IS AN INDIVIDUAL

ss:

COUNTY OF _________________________)

__________________________________________, being duly sworn, deposes and says:

Name of Individual

I am the person described in and who executed the foregoing proposal and the several matters therein stated are in all respects true.

Signature of person who signed proposal

RFP #26-06 Page 22 of 29

TOWN OF BROOKHAVEN AFFIDAVIT OF COMPLIANCE WITH RESPECT

TO THE HIRING OF EMPLOYEES IN ACCORDANCE WITH FEDERAL LAW (TOWN

CODE CHAPTER 7A)

STATE OF ___________________________)

ss:

COUNTY OF _________________________)

Employer Firm: _____________________________________________________________________

Project name: __________________________________________________________________

Submission Date: _______________________________________________________________

I,_______________________________________________ being duly sworn, depose and state:

Name of Individual

That I am an ______Officer ______Partner ______Owner ______Member of the Firm

By submission of this Affidavit, and each person signing on behalf of any bidder, contractor, subcontractor, owner, employer, hereby certifies, under penalties of perjury, that I affirm of my own knowledge that the above named person on behalf of the Employer has complied with the requirements of Title 8 of the United State Code (U.S.C.) Section 1324a and any amendments thereto, and that all employees, including non-citizens, or aliens which includes full-time, part-time, temporary or seasonal employees, are authorized to work in the United States and that said employees, including non-citizens, or aliens have provided the required documents for my review, which appear to be genuine and demonstrate, and that to the best of my knowledge, the employees, including non-citizens, or aliens are authorized to work in the United States;

and 2) that during the term of the contract, subcontract, agreement or period of work performed by the Employer, all employees hired, or retained shall be authorized to work in the United States in compliance with Federal Law and 3) that the Employer will only employ Subcontractors who hire, or retain employees authorized to work in the United States, and 4) all such Subcontractors shall be required to submit an Affidavit demonstrating compliance with Federal Law regarding the eligibility of employees to work in the United States, and that the Subcontractor’s employees have submitted the required documents demonstrating compliance with Federal Law, said Affidavit shall be submitted to the Town with the Contractor's request for Subcontractor approval at the time of bid submission and at all times required by the Town Code.

Signature______________________________________________

Print Name and Title______________________________________________

RFP #26-06 Page 23 of 29

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

Pursuant to the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List"). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b).

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

During the term of the Contract, should the Town receive information that a Bidder/Contractor is in violation of the above-referenced certification, the Town will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the Town shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default.

The Town reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

I, ___________________________________________, being duly sworn, deposes and says that he/she is the _____________________________________________ of the _________________________________________ Corporation and that neither the Bidder/Contractor nor any proposed subcontractor is identified on the Prohibited Entities List.

SIGNED

RFP #26-06 Page 24 of 29

Sexual Harassment Prevention Certification Form

By submission of this Proposal (Bid/RFP/RFQ), each Proposer/Bidder and each person signing on behalf of any Proposer/Bidder certifies, and in the case of a joint Proposal each party thereto certifies, as to its own organization, under penalty of perjury, that the Proposer/Bidder 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.

Company Name:

Signature:

Print Name and Title:

Date:

OR

Submit a signed statement detailing the reasons why the certification cannot be made.

Company Name:

Signature:

Print Name and Title:

Date:

RFP #26-06 Page 25 of 29

Exhibit D

Checklist

RFP #26-06 Page 26 of 29

RFP #26-06 Page 27 of 29

Exhibit E

Cost Proposal Template

RFP #26-06 Page 28 of 29

Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate

Task 1: Initial scoping 0 0 #VALUE!

Task 2: Progress reports 0 0 #VALUE!

Task 3: Engineered plans 0 0 #VALUE!

Task 4: Environmental permits 0 0 #VALUE!

Task 5: Bid services 0 0 #VALUE!

Task 6: Construction services 0 0 #VALUE!

Task 7: As-built survey 0 0 #VALUE!

0 Sub Total 0 #VALUE!Consultant Total Hours

Total Fee =

Sub 1 - Specify Professionals

Sub 2 - Specify Professionals

Sub 3 - Specify Professionals

Scope of Work Staff Professional (specify)

Staff Professional (specify)

Staff Professional (specify)

Staff Professional (specify)

PER HOUR FEE PROPOSAL

Town of Brookhaven - RFP 26-06 - Engineering Services for Riverhead Drive & Thomas Road Bulkhead Repair

CONSULTANT Subconsultants

Sub Consultant Total Hours

Total Hours Task Fee Total

RFP #26-06 Page 29 of 29 https://brookhavenny.sharepoint.com/:x:/s/pur2/ IQBsVWS16AhjSYmqTTgcLZPAASmVzEo_KVGh7b27Dx7xT_8?e=WuwCRD

CLICK OR COPY LINK FOR COST TEMPLATE:

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