PROGRAM GUIDELINES
APPLICATION INSTRUCTIONS
PASSENGER & FREIGHT RAIL ASSISTANCE PROGRAM
SFY 2015-2016
JUNE 2015
TABLE OF CONTENTS
Introduction 1
Available Funding 2
Eligible Applicants 2
Prequalification Requirement 3, 4
Eligible Project Types 5
General Program Requirements 6, 7, 8
Application Form 8, 9
Application Evaluation Criteria and Selection Process 9, 10, 11
Appendices:
A –Benefit / Cost Ratio Analysis Instructions
B – Project Service Life Worksheet Instructions
C – Smart Growth Guidance
D – Sample Maintenance Obligation Letter
E – Sample form of Agreement
NEW YORK STATE
DEPARTMENT OF TRANSPORTATION
PASSENGER & FREIGHT RAIL ASSISTANCE PROGRAM
INTRODUCTION:
Governor Andrew M. Cuomo has made historic investments in transportation infrastructure, the cornerstone of New York’s economic development blueprint. The recently enacted State Fiscal Year (SFY) 2015-16 budget continues this significant focus on the synergies among investment in transportation infrastructure, job creation and economic growth.
New York has long been recognized as the national leader in investing in our State’s transportation infrastructure. The SFY 2015-16 budget continues this unparalleled State support by providing $17 million in capital funding to maintain and modernize freight rail and port infrastructure across the state. This year’s budget also expanded the eligibility to include investments in upstate port infrastructure.
The New York State Department of Transportation (NYSDOT) is committed to working with you to expedite the application and contract processes to ensure that the benefits of these State investments accrue to the manufacturers and suppliers that rely on the state’s railroads and ports to get their raw materials and finished products to market.
Completed applications should be e-mailed to no later than 8:00 pm on August 27, 2015.
Applications received after the deadline will not be considered for funding.
AVAILABLE FUNDING:
NYSDOT is soliciting applications for and anticipates making awards from the $17 million Rail Service Preservation and New York Works Funds designated in the 2015/2016 NYS Budget.
The SFY 2015-2016 budget provides two separate appropriations of funds for the program. The first provides $10 million for passenger and freight rail projects and for port facilities outside the jurisdiction of the Port Authority of New York and New Jersey. The second appropriation provides $10 million for freight rail projects, of which the legislature earmarked $3 million for emissions reduction projects with the Long Island Rail Road and an additional $1 million for other diesel emissions reduction efforts.
The $17 million in available funding varies depending on the project type, as follows:
Passenger rail projects Up to $10 million
Freight rail projects Up to $16 million
Port infrastructure projects Up to $10 million
Clean Diesel projects Up to $ 1 million
Although there is no minimum or maximum amount of individual project award, the individual award cannot exceed the funds available.
However, NYSDOT may award less than the total $17 million amount indicated above -- or may determine to allocate additional funds from prior years or programs, if available, at its sole discretion.
LIMIT ON NUMBER OF APPLICATIONS SUBMITTED:
Applicants may submit up to two (2) applications.
LIMIT ON THE NUMBER OF AWARDS:
Applicants will be limited to one award from this solicitation as noted in the application. NYSDOT will also limit the number of projects awarded to affiliated companies to two (2). Affiliated companies are those under common ownership or control.
ELIGIBLE APPLICANTS:
Any railroad company, state agency, the federal government, the Canadian government, any other state or agency or instrumentality thereof, any public authority of this or any other state, or any political subdivision or municipality of the state. All common-carrier, intercity passenger or tourist railroad corporations must be in good standing with NYSDOT at the time of application.
Railroads will be considered in good standing if they have submitted the most recent annual report (2013), as required by New York State Transportation Law §116, and have paid their annual rail safety fee (2013) in accordance with New York State Transportation Law §135 by the application deadline.
PREQUALIFICATION REQUIREMENT
Pursuant to the New York State Division of Budget Bulletin H-1032, dated June 7, 2013, New York State has instituted key reform initiatives to the grant contract process which require not-for-profits to register in the Grants Gateway and complete the Vendor Prequalification process in order for proposals to be evaluated. Information on these initiatives can be found on the Grants Reform Website (grantsreform.ny.gov).
Proposals received from not-for-profit applicants that have not Registered and are not Prequalified in the Grants Gateway on the proposal due date of 8:00 PM on 8/27/15 cannot be evaluated. Such proposals will be disqualified from further consideration.
Below is a summary of the steps that must be completed to meet registration and prequalification requirements. The Vendor Prequalification Manual on the Grants Reform Website details the requirements and online tutorial is available to walk users through the process.
1) Register for the Grants Gateway.
· On the Grants Reform Website, download a copy of the Registration Form for Administrator. A signed, notarized original form must be sent to the Division of Budget at the address provided in the instructions. You will be provided with a Username and Password allowing you to access the Grants Gateway.
If you have previously registered and do not know your Username please email . If you do not know your Password please click the Forgot Password link from the main log in page and follow the prompts.
2) Complete your Prequalification Application.
· Log in to the Grants Gateway. If this is your first time logging in, you will be prompted to change your password at the bottom of your Profile page. Enter a new password and click SAVE.
· Click the Organization(s) link at the top of the page and complete the required fields including selecting the State agency you receive the most grants from. This page should be completed in its entirety before you SAVE. A Document Vault link will become available near the top of the page. Click this link to access the main Document Vault page.
· Answer the questions in the Required Forms section and upload Required Documents. This constitutes your Prequalification Application. Optional Documents are not required unless specified in this Request for Proposal.
· Specific questions about the prequalification process should be referred to your agency representative or to the Grants Reform Team at .
3) Submit Your Prequalification Application
· After completing your Prequalification Application, click the Submit Document Vault Link located below the Required Documents section to submit your Prequalification Application for State agency review. Once submitted the status of the Document Vault will change to In Review.
· If your Prequalification reviewer has questions or requests changes you will receive email notification from the Gateway system.
· Once your Prequalification Application has been approved, you will receive a notification that you are now prequalified to do business with New York State.
Vendors are strongly encouraged to begin the process as soon as possible in order to participate in this opportunity.
ELIGIBLE PROJECT TYPES:
· Any rail capital improvement with a service life of 10 years or greater, including but not limited to:
o track construction and rehabilitation;
o bridge construction and rehabilitation;
o elimination of clearance obstructions,
o yard, terminal and siding construction and rehabilitation;
o signal and train control systems;
o grade crossing elimination; and
o rolling stock acquisition and rehabilitation.
· Any port capital improvement for facilities outside the jurisdiction of the Port Authority of New York and New Jersey with a service life of 10 years or greater, including but not limited to:
o Docks, bulkheads and wharf construction and reconstruction
o Dredging
o Material handling equipment
o Material storage facilities
o Internal roadways and rail lines
· New York State Smart Growth Public Infrastructure Policy Act: Notwithstanding specific eligibility criteria identified above, in accordance with Article 6 of Environmental Conservation Law, NYSDOT cannot approve, undertake, support or finance a public infrastructure project, including grants, awards, loans, or other assistance programs, unless, to the extent practicable, it is consistent with the relevant Smart Growth Public Infrastructure Criteria:
a. To advance projects for the use, maintenance or improvement of existing infrastructure;
b. To advance projects located in municipal centers;
c. To advance projects in developed areas or areas designated for concentrated infill development in a municipally approved comprehensive land use plan, local waterfront revitalization plan and/or brownfield opportunity area plan;
d. To protect, preserve and enhance the State’s resources, including agricultural land, forests, surface and groundwater, air quality, recreation and open space, scenic areas, and significant historic and archeological resources;
e. To foster mixed land uses and compact development, downtown revitalization, brownfield development, the enhancement of beauty in public spaces, the diversity and affordability of housing in proximity to places of employment, recreation and commercial development and the integration of all income and age groups;
f. To provide mobility through transportation choices including improved public transportation and reduced automobile dependency;
g. To coordinate between state and local government and intermunicipal and regional planning;
h. To participate in community based planning and collaboration;
i. To ensure predictability in building and land use codes; and
j. To promote sustainability by strengthening existing and creating new communities which reduce greenhouse gas emissions and do not compromise the needs of future generations, by among other means encouraging broad based public involvement in developing and implementing a community plan and ensuring the governance structure is adequate to sustain its implementation.
GENERAL PROGRAM REQUIREMENTS: The program is authorized by Section 14 of NYS Transportation Law.
· Application & Award Limitation: The number of applications submitted is limited to two (2). Applicants will be limited to a maximum of one grant from this solicitation and affiliated companies will be limited to a maximum of two grants from this solicitation.
· Funding Limitation: Upon award, the amount of the grant is fixed and the applicant will be responsible for any and all costs in excess of the grant amount. Applicants may request to adjust the scope of their project to fit within the funding available (including committed matching funds). NYSDOT reserves the right to approve or deny such requests.
· Geographic Location: Projects must be located in New York State.
· Environmental Review/Approval: All projects are subject to review in accordance with the State Environmental Quality Review Act (17 NYCRR Part 15 or 6 NYCRR Part 617). If the project includes Federal / State fund sources, it is also subject to the National Environmental Policy Act (NEPA).
· Grant Program: The Passenger & Freight Rail Assistance Program is a reimbursement program. Project grantees are required to pay all bills before requesting reimbursement.
· Reimbursements: Reimbursements to the grantee will be made monthly.
· Match Requirements: There is no minimum match requirement, the Passenger & Freight Rail Assistance Program may fund up to 100% of project costs. Preference will be given to those applications that are able to provide a greater local share of total project costs.
· Project Scope: Successful projects will have been selected based upon a competitive process. Changes to the scope and intent of a project after selection will be considered at NYSDOT’s sole discretion (and subject to executive, legislative and/or control agency review in accordance with the State Finance Law, where applicable) only where it can be clearly demonstrated by the applicant that the public benefits of the revised project will exceed those of the original project as described in the application.
· Eligible Costs: Work elements eligible for reimbursement will conform to 23 CFR, Part I, Subpart 140, and include: engineering, construction management, site preparation; preparation of designs, plans, specifications, estimates, environmental impact statements, appraisals and surveys; and the acquisition of real property. The net salvage value of materials recovered must be included in the estimate as a credit against project costs. Project expenses incurred prior to final execution of the agreement by the Office of the State Comptroller are not eligible for reimbursement by the State and cannot be counted towards project matching funds.
· Maintenance & Service Commitments: In the case of rail projects, applicants must agree to provide service for the duration of the useful life of the capital project, which can vary depending on the type of improvement. Projects funded by this program require the grantee to operate and maintain the improvement for 10 years after the project has been accepted by NYSDOT as complete.
· Contracting: Applicants must comply with applicable New York State procurement rules and regulations. Successful applicants will be required to submit a current New York State Vendor Responsibility Form. See http://www.osc.state.ny.us/vendrep/vendor_index.htm.
· Professional Services: The NYSDOT will consider proposals to perform engineering by consultant or force account. Consultant services are to be obtained as a result of a competitive, qualifications-based selection process. Work performed by consultants will be subject to M/WBE goals and reporting requirements will be established prior to advertisement.
· Construction: The NYSDOT will consider proposals to perform construction by contractor or force account. Work performed by contractors will be subject to M/WBE goals and reporting requirements established prior to advertisement.
· Project Administration: Projects will be managed in accordance with the following NYSDOT documents and procedures:
o Manual of Construction Supervision and Inspection Procedures for Railroad Let Projects
o Manual of Construction Supervision and Inspection Procedures for Work by Railroad Force Account
o Manual of Billing Procedure for Submission of Rail Project Payment Vouchers to NYSDOT
o Manual of Uniform Record Keeping (MURK)
· Proprietary Information: Careful consideration should be given before confidential business information is submitted to NYSDOT as part of your application. Review should include whether it is critical for evaluating an application and whether general, non-confidential information may be adequate for review purposes. The NYS Freedom of Information Law, Public Officers Law, Article 6, provides for public access to information NYSDOT possesses. Public Officers Law, Section 87(2)(d) provides for exemptions to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.” Information submitted to NYSDOT that the applicant wishes to have treated as proprietary and/or trade secret information should be identified and labeled “Confidential” or “Proprietary” on each page at the time of disclosure. This information should include a written request to exempt it from disclosure, including a written statement of the reasons why the information should be exempted. However, NYSDOT cannot guarantee the confidentiality of any information submitted.