Water Storage Tank Rehabilitation

P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 1 of 54 REQUEST FOR PROPOSALS FOR CONSULTING ENGINEERING SERVICES WATER STORAGE TANK REHABILITATION ECWA Project No. 202200088 General The Erie County Water Authority (Authority) is seeking Professional Services Proposals for consulting engineering services for the refurbishment of various water storage tanks. The Authority reserves the right to modify or cancel this Request for Proposals and/or the project; to reject any or all proposals; and to waive any or all irregularities. This Request for Proposals does not obligate the Authority to award a contract for the project or to reimburse any costs associated with the preparation of any proposal. The Request for Proposals (RFP) is being conducted pursuant to the New York State Finance Law §§139-j and 139-k and the Erie County Water Authority’s Procurement Disclosure Policy. The Procurement Disclosure Policy is available by accessing the Erie County Water

Authority’s web site – http://www.ecwa.org, under the caption “Doing Business with ECWA”. Project Description The Water Authority has evaluated eight water storage tanks for refurbishment. The refurbishment will consist of needed repairs, including, but not limited to: • Recoating the tank interiors and/or exteriors • Modifying tank ladders, vents, and access hatches • Modifying valve vaults (where applicable), including electrical improvements • Correcting ANSI/OSHA and safety-related deficiencies • Correcting AWWA, sanitary, and operational deficiencies • Performing site work including drainage, fencing and security improvements Electronic copies of the water storage tank evaluation reports are included as Attachment 2. The tank evaluations performed by TIC and Wendel/CorrTech include recommendations for items that require refurbishment, repair, and modifications. The reports also include preliminary cost estimates for rehabilitating the tanks. The consultant selected to perform the work will have the opportunity to inspect each site including the interior of the tanks. The project consists of engineering services for the design and construction of refurbishing the following tanks per the recommendations of the above referenced evaluation documents. http://www.ecwa.org/ P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 2 of 54 Water Storage Tank Owner Capacity (MG) Structure Type Tank Material Refurbishing Interior Piping/Valves Eden 2 ECWA 0.5 Hydropillar Steel Interior/Exterior No Gartman ECWA 0.5 Ground Steel Interior No Newstead ECWA 1.5 Hydropillar Steel Interior/Exterior Yes Sandridge Erie County 1.5 Hydropillar Steel Interior/Exterior Yes Chestnut Ridge ECWA 1.5 Ground Steel Exterior No Pine Hill ECWA 5 Ground Steel Interior No Sturgeon Point WTP Clearwells(1) ECWA 5 Ground Concrete Exterior No (1)Two tanks, each 5 MG capacity. The design work is scheduled for 2023 and construction is scheduled for 2024 and 2025 in a phased approach. In preparation of their proposal, the consultant shall assume that the tank rehabilitation work will be split into four separate construction contracts. One, two, or three tank rehabilitations may be included in each construction contract. Full-time resident inspection is not required for each tank during construction. Part-time resident inspection is acceptable for each tank to be refurbished. It is up to the consultant to identify the critical construction activities and estimate the associated required resident inspection effort, for each tank, based on the tank rehabilitation work. In preparation of their proposal, the consultant shall assume that the tank rehabilitation work will be completed under four separate construction contracts (bid packages), with one to four tanks being bid, advertised, awarded, and rehabilitated per year. Refer to Attachment 1, Article 3-Scope of Service for more detailed information. Scope of Work The general scope of work is described in the example Professional Services Contract included as Attachment 1. The methods of payment shall be per the Professional Services Contract. Information Requests All questions and requests for information are to be directed to the designated ECWA Contact Person, Clayton J. Johnson, PE, Production Engineer at 716-345-5076 (email: cjohnson@ecwa.org), in accordance with New York State Finance Law §§139-j and 139-k. A pre-proposal meeting will not be held for this project, but individual site inspections can be requested by prospective bidders. Proposal Requirements Proposals are to be concise, specific and straightforward. All pertinent information is to be contained in the proposal. The use of artwork, special covers, and extraneous information in the P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 3 of 54 proposals is discouraged. Proposals are to remain valid for a minimum of 60 days. Page limits, for each proposal section, are included below. Each proposal is to include the following: Item 1 - Qualifications and related experience, particularly on the design and rehabilitation of steel and concrete water tanks. Consultant shall demonstrate completion of directly applicable projects involving the key personnel included in Item 3 below. Include a maximum of five references (related projects) for similar work including project name, location, contact person, budget, date of completion and state the relevance to this project. • Item 1 Page Limit – 6 pages, including related project summaries. More detailed project descriptions, of the five reference projects, may be provided as an appendix. Item 2 - Project understanding, technical approach and detailed scope of services. Identify any suggested revisions to and expand upon the detail of the general scope of work as outlined herein. Identify innovative ideas to improve upon the quality of the work, reduce schedule and optimize costs. • Item 2 Page Limit – 5 pages. Item 3 - Project staffing for all key personnel and subcontractors. Identify the proposed role of all staff proposed for this project. Provide a table of the current and projected workload of each proposed project staff member as it relates to availability to perform the proposed work. Provide the office of each proposed project staff member and the location(s) where work will be performed. Provide an organizational chart showing all of the proposed personnel with a brief summary of experience applicable to this project. Indicate personnel role on the projects listed under Item 1 above. • Item 3 Page Limit – 5 pages; Resumes for key staff members may be provided as an appendix; limit each staff member’s resume to 2 pages. Item 4 - Qualifications of resident inspector(s) including applicable education, training, experience, and certification, including qualifications related specifically to water storage tank rehabilitation. Refer to Article 3.05 of the Agreement for further information on resident inspector qualifications. • Item 4 Page Limit – 2 pages, including resident inspector’s resume. Item 5 - Work performed for the Water Authority in 2020, 2021, and 2022. • Item 5 Page Limit – 1 page. Item 6 - Current remaining workload with the Water Authority. • Item 6 Page Limit – 1 page. Item 7 - Completed Forms regarding Public Authorities Law §§ 2875, 2876, and 2878, and State Finance Law §§ 139-j and 139-k, and Unlawful Discriminatory Practices per Attachment 1, Appendix A (pp. 31-43). P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 4 of 54 Item 8 - Proof of insurance in accordance with Erie County Water Authority Insurance Requirements for Professional Services per Attachment 1, Appendix C. Item 9 - Proposed project schedule, showing duration of all tasks from design through construction completion. • Item 9 Page Limit – 1 page. Item 10 - Fee proposal which is to include a detailed breakdown of engineering fees for each task and subtask showing personnel (including title/grade), hours, hourly rates (billing and direct labor), overhead rates, and subcontractor costs for each task. Include multiple subtask items as necessary to convey effort provided by individual personnel. Provide an estimate of cashflow (by month or quarter) for engineering fees over the duration of the project. Provide information on direct costs including estimated total direct cost for non- lump sum tasks. Note that the direct labor multiplier for resident inspection shall be limited to 2.80. Consultant shall utilize their proposed construction duration as the basis for the cost shown below for Resident Inspection. Consultant shall state specifically the number of manhours assumed for onsite Resident Inspection services. All consultants shall include Special Services lump sum cost of $75,000 for the purposes of this proposal. Provide fixed hourly billing rates for applicable personnel to be included in the Professional Services Contract as Appendix A. • Item 10 Page Limit – 3 pages. Proposals shall include the following chart for comparison purposes: Project 202200088 RFP for Water Storage Tank Rehabilitation Design $ Contractor Interior Tank Cleaning (5 Tanks) $ Construction and General Services $ Resident Inspection $ Record Drawings $ Special Services $ 75,000.00 TOTAL: $ P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 5 of 54 Proposals will be accepted until 4:00 p.m. on Wednesday, February 15, 2023. Three hard copies of the proposal and one digital .pdf file (on a USB flash drive) are to be delivered to Erie County Water Authority, 3030 Union Road, Cheektowaga, NY 14227 to the attention of Mr. Leonard F. Kowalski, PE, Executive Engineer. Proposals received after this time will not be considered and will be returned unopened. All proposals being mailed (including Federal Express, UPS, Priority Mail, etc.) or hand delivered shall be directed to the attention of Mr. Kowalski in a sealed envelope and be clearly marked on the outside of the mailing or hand delivered envelope as follows: “PROPOSAL: WATER STORAGE TANK REHABILITATION” Evaluation and Selection All proposals will be evaluated by a small in-house committee made up of Water Authority personnel familiar with the proposed project. Interviews and/or presentations of the proposals will be requested if needed. The proposals will be evaluated based on the criteria listed above. The final scope of work and fee for the engineering services for the project will be negotiated with the selected firm. Professional Service Contracts will then be executed pending successful negotiation and authorization by the Water Authority Board of Commissioners. All firms submitting a proposal will be notified of the selection results. It is anticipated that the selection process will be completed in March 2023, and that the agreement will be executed in April 2023. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 6 of 54 ERIE COUNTY WATER AUTHORITY REQUEST FOR PROPOSALS – ATTACHMENT 1 SAMPLE AGREEMENT P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 7 of 54 ATTACHMENT 1 Project No. XXXXXXX Contract XX-XX PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES This Agreement, effective as of DATE OF BOARD APPROVAL (“Effective Date”), is by and between ERIE COUNTY WATER AUTHORITY 295 Main Street, Room 350 Buffalo, New York 14203 hereinafter referred to as the “Authority,” and XYZ ENGINEERING FIRM 0000 Street, Suite 000 City, State, ZIP hereinafter referred to as the “Engineer.” The Authority project, for which engineering services are to be provided under this Agreement, relates to design and construction of the water storage tank rehabilitations (the “Project”). In consideration of the mutual promises set forth in this Agreement, the Authority and the Engineer agrees as follows: ARTICLE 1 – THE PROJECT 1.01 The Engineer shall provide engineering services for the evaluation, design, and supervision of the refurbishment, modifications, and improvements to eight existing water storage tanks at various locations. The Engineer shall oversee all work involved in this Project including, but not limited to: A. Recoating the tank interiors and/or exteriors; B. Modifying the tank ladders, vents and access hatches; C. Modifying the valve vaults (where applicable), including electrical improvements; D. Correcting ANSI/OSHA and safety-related deficiencies; E. Correcting AWWA, sanitary, and operational deficiencies; and F. Performing site work including drainage, fencing and security improvements. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 8 of 54 1.02 The Engineer shall evaluate, design, and supervise refurbishment, modifications, and improvements at the following tank locations: A. Eden 2 Tank, located at 7591 East Eden Road, Eden, NY 14057 – Interior and Exterior; B. Gartman Tank, located adjacent to 6831 Gartman Road in the Town of Orchard Park – Interior; C. Newstead Tank, located behind Mga Research Corp. 12790 Main Rd. in the Town of Akron – Interior and Exterior; D. Sandridge Tank, located at 12380 Broadway ST., Alden, NY 14004 – Interior and Exterior; E. Chestnut Ridge Tank, located adjacent to 5885 Chestnut Ridge Road in the Town of Orchard Park – Exterior; F. Pine Hill Tank, located 75 Pennock Place, Buffalo, NY 14225 – Interior; and G. Sturgeon Point WTP Clearwells, 722 Sturgeon Point Rd., Derby, NY 14047 – Exterior. ARTICLE 2 – COMPLIANCE STANDARDS 2.01 Standard of Performance A. Standard of Care: The Engineer shall be held to the same standard of care applicable to any consultant providing professional engineering and related services. The Engineer shall use the same care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the time and in the same locality. B. Technical Accuracy: The Authority shall not be responsible for discovering deficiencies in the technical accuracy of the Engineer’s services. The Engineer shall correct deficiencies in technical accuracy without additional compensation unless such corrective action is directly attributable to deficiencies in Authority-furnished information. 2.02 Compliance with Laws and Regulations, and Policies and Procedures A. The Authority and the Engineer shall comply with all applicable federal, state or local laws and regulations and all applicable Authority policies and procedures. B. The Engineer shall comply with the provisions set forth in Public Authorities Law §§ 2875, 2876, and 2878 of the laws of the State of New York. In response to the Authority’s Request for Proposals, the Engineer submitted and signed the Public Authorities Law forms, a copy of which are attached to and incorporated in this Agreement as Appendix A. C. The Engineer shall comply with the provisions set forth in State Finance Law §§ 139- j and 139-k. In response to the Authority’s Request for Proposals, the Engineer submitted and signed Forms A, B, and C, a copy of which is attached to, and incorporated in, this Agreement as Appendix A. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 9 of 54 D. By executing this Agreement, the Engineer affirms under the penalties of perjury that there was no collusion in the proposal submitted to the Authority, upon which forms the basis of this Agreement. E. The Engineer shall comply with the provisions of the Human Rights Law (Executive Law§ 290, et. seq.) and Labor Law § 201-g of the laws of the State of New York. In response to the Authority’s Request for Proposals, the Engineer submitted and signed the Statement Regarding Prevention of Unlawful Discriminatory Practices, a copy of which is attached to, and incorporated in, this Agreement, as Appendix A. F. The Engineer shall comply with the provisions of the Shield Act, codified at General Business Law § 899-aa of the laws of the State of New York. G. The Authority shall provide the Engineer in writing any and all Authority policies and procedures applicable to the Engineer’s performance of services under this Agreement. The Engineer agrees to comply with such policies and procedures to the extent compliance is not inconsistent with professional practice requirements. H. If the Engineer, its employees, agents and/or subcontractors, wish to access any Authority property, they must notify the Authority’s Security Officer and provide the following information: (a) government-issued photo identification for all site visitors; (b) a detailed statement indicating the purpose for the site visit; (c) the proposed date and time for the site visit; (d) the estimated start and finish time for the site visit; and (e) any additional information reasonably requested by the Authority’s Security Officer. No person may visit any Authority Property without the authorization of the Authority and/or its Security Officer. While on Authority property, the Engineer’s employees, representatives and engineers shall comply with the specific applicable security and access rules established by the Authority’s Security Officer. 2.03 Whenever the Authority is operating under a Declaration of Emergency due to a pandemic, the Engineer, its employees, and agents shall comply with all health safety rules and regulations adopted by the State of New York, the County of Erie, or the Authority including, but not limited to, completing a health screening questionnaire, using a personal protective face mask, or complying with any testing or vaccination requirements, before entering any Authority worksite. 2.04 Unknown Conditions. The Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. The Authority agrees not to make resolution of any dispute with the Engineer for payment on any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 10 of 54 ARTICLE 3 – SCOPE OF SERVICE 3.01 Kick-off Meeting. Prior to rendering any professional services, the Engineer will conduct a kickoff meeting with Authority personnel as referenced in § 3.03(B) of this Agreement. 3.02 Special Services . The Engineer shall provide all engineering services necessary to design and install the Project improvements including, but not limited to, the following: A. Special Services: The Engineer may employ one or more of the following special services in carrying out the Project, subject to the Authority’s approval: 1. Soils investigations including test borings, pavement cores, and the related analysis; 2. Detailed mill, shop and/or laboratory inspection of materials and equipment; 3. Land surveys, maps, plates, descriptions and title investigations which may be required to acquire lands, easements, and rights-of-way for the proposed facilities; 4. Air, water, and/or soil sampling, testing, and/or analysis; 5. Wetlands investigations, delineation, and mitigation; 6. Technical assistance with operation and maintenance manuals; 7. Cathodic protection systems; 8. Hazardous material testing and assessment, including TCLP testing of tank sediment; 9. Disposal of tank sediment characterized as hazardous; 10. Vacuum truck removal of sediment; 11. Underwater evaluations by a Certified Commercial Diver; 12. Remotely operated vehicle (ROV) inspection services; 13. Start-up services relating to equipment to be installed by the contractor; 14. Assistance with permit and other applications with the New York State Department of Environmental Conservation (DEC); P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 11 of 54 15. Assistance with grant research, completion of grant applications, and reporting/documentation after award; 16. Magnetic flux leakage detection, magnetic particle testing, penetrant testing, radiographic testing, and vacuum box testing; 17. Certified welding inspection services; 18. Ground penetrating radar; 19. Extra travel and subsistence for the Engineer and its staff beyond that normally required under ordinary circumstances, when authorized by the Authority; 20. Legal services, as deemed necessary and approved by the Authority’s General Counsel, for acquiring lands, easements and rights-of-ways or other Project- related services; or 21. Other services, as deemed necessary by the Authority’s Chief Operating Officer and Chief Financial Officer. B. Reliance on Others. Subject to the standard of care set forth in § 2.01, paragraph A, the Engineer and its special services consultants may use or rely upon design elements and information ordinarily or customarily furnished by others including, but not limited to, specialty contractors, manufacturers, suppliers and the publishers of technical standards. C. Expert Witness Assistance. The Engineer agrees to assist the Authority as an expert witness in litigation arising from the project development and construction, even if such assistance is requested by the Authority after the expiration or termination of this Agreement. 3.03 Design: The Engineer will complete design documents for the design, bid and construction of the Water Storage Tank Rehabilitation for four separate construction contracts. A. Detailed Design Drawings, Specifications and Contract Documents: Upon authorization from the Authority, the Engineer shall complete the following design services: 1. Visit the site as needed to assist in preparing the drawings and specifications. 2. Pay for the services of a contractor to clean the tank interior, if applicable, prior to entering the tank for inspection. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 12 of 54 3. Prepare detailed design drawings, specifications and contract documents at 60%, 90%, and 100% design stages. Tasks include, but are not limited to: a. Preparing base drawings in AutoCAD version 2018 from the available records furnished by the Authority; b. Preparing engineering calculations to support the design of the improvements, including related civil, mechanical, electrical/instrumentation, and structural features of the project; c. Preparing engineering data, where necessary, for regulatory permit applications as required to obtain local, state, federal and public utility approval for the initiation and construction of the work; d. Preparing draft and final plans, profiles, and job specific detail drawings that include editing of the Authority’s standard detail drawings where appropriate. Plans should be on 8-1/2 x 11” paper and included in the specifications as an appendix. 4. Prepare four sets of contract document sets (bid packages) so that the contracts can be advertised and awarded at four separate times. It is assumed that one to three tanks may be included in each set of contract documents and that the bid packages will be bid, awarded, and constructed in 2023, and 2024. Prepare contract documents including, but not limited to: a. Preparing contract specifications with edited Authority’s standard “front end” specifications and standard technical specifications where appropriate; b. Preparing additional technical specifications, as required; c. Obtaining New York State Prevailing Wage Rates and inserting such rates into the specifications; d. Preparing a quantity take-off and opinion of probable construction cost; e. Submitting the contract specifications, drawings, application forms and fees to Erie County Health Department for approval. 5. Recommend to the Authority’s Board of Commissioners the appropriate level of environmental review required under the New York State Environmental Quality Review Act, including but not limited to the identification of other involved agencies and the appropriate classification for the action to be taken (i.e., Type I, II or Unlisted). 6. Determine the requirement for a project specific SWPPP and if required completing all associated SWPPP documentation (as applicable). P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 13 of 54 7. Assist the Authority in filing applications for permits with applicable regulatory agencies, having jurisdiction to review and approve the design; assisting the Authority in consultations with such agencies; and revising the drawings and specifications in response to directives from such agencies, as appropriate. Submitting final copies of the revised reports, drawings, and specifications to the appropriate regulatory agencies. 8. Assist the Authority with assembling known reports and drawings of existing conditions, and identifying the technical data contained in such reports and drawings upon which bidders may rely. B. Design Phase Meetings and Reports. The Engineer shall: 1. Conduct a project kick-off meeting with Authority personnel and provide associated meeting minutes. Provide meeting minutes to the Authority within five business days of the meeting date. 2. Conference with the Authority and other related Project stakeholders, as necessary and as required. 3. Report to the Authority bi-weekly on the progress of the design work via email, with the following information: a. Design work performed during the previous two weeks; b. Design work scheduled for the next two weeks; c. Schedule status/deliverable status, attaching an updated project schedule in Microsoft Project format, identifying all project milestones and current project status; d. Budget status/percent completed; e. Input needed from the Authority or others; f. Updated project schedule; g. Requests for scope changes; and h. Other issues or concerns. 4. Furnish to the Authority three (3) hardcopy sets of review copies of the drawings, specifications, and other contract documents, during 60%, 90%, and 100% design. 5. Conduct at least three meetings with the Authority engineers and operators to discuss and/or review detailed design drawings, specifications, and contract P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 14 of 54 documents. Provide meeting minutes to the Authority within five (5) business days. 6. Attend a final design meeting with the Authority. Provide meeting minutes to the Authority within five (5) business days. 3.04 Construction Services – Four separate Construction Contracts A. Construction Bids. Upon authorization from the Authority, the Engineer shall: 1. Assist Authority personnel in preparing bid invitation and contract documents for four separate bid packages. The Engineer shall include insurance provisions in the bid invitation or contract documents where the work involves a tank owned by a Town and not the Authority that require the Contractor, and any subcontractors to name the Town as an additional insured. Erie County owns the Sandridge Tank. 2. Refrain from discussing the Project or the bid process with anyone outside of the Authority prior to the advertisement of bids and during the restricted period for the submission and award of bids. 3. Furnish five (5) sets of contract drawings, final specifications, and other documents for each bid package (four total) to the Authority. Provide electronic files of all documents to Avalon Document Services who will provide contract drawings, final specifications, and other documents required for bidding and construction purposes. The cost of documents provided through Avalon Document Services shall be paid by the Contractor. 4. Conduct, at the appropriate time, a pre-bid meeting for four separate bid packages: a. Prepare and distribute addenda for pre-bid meeting; b. Record, publish, and distribute minutes from the pre-bid meeting; and c. Prepare, if necessary, publish, and distribute any addendum to the bid invitation and contract documents. 5. Evaluate and determine whether substituted materials and equipment proposed in a bid submission of a prospective contractor is acceptable and at least equal to the materials and equipment set forth in bid and contract documents. 6. Assist the Authority in securing bids, bid results, analyzing bid results, and making recommendations on the award of each construction contract. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 15 of 54 B. Pre-Construction. Prior to construction, for four separate contracts, the Engineer shall: 1. Provide pre-construction meeting notice to all municipalities, utility companies, fire districts, and all other interested stakeholders. 2. Conduct a pre-construction meeting: a. Prepare and distribute agenda for pre-bid meeting; and b. Record, publish, and distribute minutes from the pre-bid meeting. C. Construction – Four Separate Construction Contracts. 1. The Engineer is not responsible for the construction means, methods, techniques, sequences or procedures, time of performance, programs or for any safety precautions in connection with the construction work (the “Work”). The Engineer shall not be held liable to the Authority for the failure of the construction contractor (the “Contractor”) to execute the Work in accordance with the contract documents (the “Contract Documents”). 2. The Engineer shall notify the Authority of all permanent Work which does not conform to the result required in the Contract Documents, prepare a written report describing any apparent non-conforming permanent Work and make recommendations to the Authority for its correction and when requested by the Authority, have recommendations implemented by the Contractor. 3. The Engineer shall have responsibility over the following for four separate construction contracts: a. Defective Work: i. Based on the Engineer’s observations, if the Engineer believes that the Work is defective under the terms and standards set forth in the Contract Documents, the Engineer shall reject the Work and provide the Authority with its recommendations regarding whether the Contractor should correct such Work or remove and replace such Work, or whether the Authority should consider accepting such Work as provided in the Contract Documents. b. Compatibility with Design Concept: i. If the Engineer has actual knowledge a specific part of the Work, although not defective under the terms and standards set forth in the Contract Documents, but nonetheless is not compatible with the design concept of the completed Project as a functioning whole, the Engineer will inform the Authority of such P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 16 of 54 incompatibility, and provide recommendations for addressing such Work. c. Clarifications and Interpretations: i. When the Contractor and the Authority submits to the Engineer any question concerning the requirements of the Contract Documents, including any requests for information (RFIs), or relating to the acceptability of the Work under the Contract Documents, the Engineer shall, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. d. Differing Site Conditions: i. When the Contractor notifies the Engineer of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions, the Engineer shall promptly review the condition and prepare findings, conclusions, and recommendations to the Authority as to how to address the condition. e. Substitutes and “Or-equal”: i. The Engineer shall evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor. f. Change Orders: i. The Engineer shall notify the Authority when a change in the Work is proposed, which will cause an adjustment in the contract cost. ii. The Engineer will evaluate whether the proposed change is justified and reasonable, and if necessary, prepare change orders, field directives, and make recommendations for approval by the Authority’s Board of Commissioners. iii. The Engineer shall discuss changes in the plans or procedures recommended by the Engineer with the Authority prior to implementation. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 17 of 54 iv. The Engineer must obtain approval for all change orders from the Board of Commissioners prior to implementation. g. Change Proposals and Claims: i. Review and respond to Change Proposals. (a) The Engineer shall review each submitted Change Proposal from Contractor and either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. (b) Such actions shall be in writing, with a copy provided to the Authority and Contractor. (c) If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, the Engineer will notify the parties that the Engineer will not resolve the Change Proposal. ii. Reporting of Claims (a) When the Engineer becomes aware of a situation from which a legal dispute or claim (“Claim”) could be filed by a contractor, subcontractor, property owner or other third party against the Authority, the Engineer will promptly report the situation to the Authority. (b) Upon request, the Engineer will assist the Authority’s Legal Department in its investigation and examination of any Claim. The Engineer will provide the names and, if available, addresses and phone numbers of individuals involved or having knowledge of the Claim. (c) The Engineer will also gather information or data to the Authority regarding engineering or technical matters pertaining to the Claim. 4. The Engineer shall consult, report and advise appropriate Authority personnel as to all relevant and pertinent matters relating or affecting the progress of construction. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 18 of 54 5. The Engineer shall review and determine the acceptability of any and all schedules that the Contractor is required to submit to the Engineer, including a Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. The Engineer shall supply the Authority with a construction schedule, which has been submitted by the Contractor and approved by the Engineer. 7. The Engineer will prepare elementary sketches and supplementary sketches, when necessary or required, to resolve issues with actual field conditions encountered. 8. The Engineer shall interpret Contract Documents and resolve problems as to amount, quality, acceptability, and fitness. 9. The Engineer will review the Contractor’s submittals of material and/or equipment for compliance with the design concept and take appropriate action such as but not limited to: “approved”, “approved as corrected”, “revise and resubmit”; or “not approved”. 10. The Engineer will provide the Contractor and the Authority with detailed stakeout information, including benchmarks, reference and axis lines along the routes of the construction or wherever necessary. 11. The Engineer shall check installation for preparation of record drawings. D. Construction Meetings and Reports – Four separate Construction Contracts. 1. The Engineer will schedule and attend progress meetings with the pertinent Authority personnel, the Contractor, subcontractors and other interested stakeholders at a minimum every two (2) weeks for four separate construction contracts. 2. The Engineer will report to the Authority monthly on the progress of the Work with a written monthly summary including daily inspector reports. 3. The Engineer will report, via email, to the Authority bi-weekly on the progress of the Work with the following information: a. Summary of the Work performed in the previous two-week period; b. Updated project schedule, attached and in Microsoft Project format, identifying all project milestones and current project status; P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 19 of 54 c. Forecast of all upcoming work and project costs expected for the project, including the identification of any contract items which may exceed bid quantities; and d. Copies of final inspection reports attached in .pdf format for reports in the previous two-week period. 4. As previously stated in paragraph C, subparagraphs 3f and 3g of this section, the Engineer shall notify the Authority when a change in the work is proposed which will cause an adjustment in the contract cost and will: a. Evaluate whether the proposed change is justified and reasonable, and if necessary, prepare change orders, field directives, and make recommendations for approval. b. Discuss changes in the plans or procedures authorized by the Engineer with the Authority prior to implementation. c. Obtain approval for all change orders from the Authority’s Board of Commissioners prior to implementation. 5. The Engineer will make a final inspection, furnish a report on project completion, and make recommendations for final payments to contractors and for the release of retained amounts, if any. 3.05 Resident Inspections – Four separate Construction Contracts: A. Upon authorization from the Authority, the Engineer shall furnish a Resident Project Inspector (RPI) who will conduct technical inspection of the Work relating to the Project; 1. Inspector’s duties and responsibilities: The Engineer, through the RPI’s observations, shall protect the Authority against defects and deficiencies in the Work. 2. RPI’s duties and responsibilities: a. The RPI shall not: i. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items), without written approval by the Authority and the Engineer; ii. Exceed limitations of the Engineer’s authority as set forth in this Agreement; P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 20 of 54 iii. Undertake any of the responsibilities of the Contractors, subcontractors, or suppliers; iv. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Contractor’s work; v. Advise on, issue relating, or assume control over security or safety practices, precautions, and programs in connection with the activities of the Authority or its Contractors; vi. Participate in specialized field or laboratory tests or inspections conducted off-site by others; or vii. Accept shop drawings or sample submittals form anyone other than the Contractor. b. The RPI shall: i. Review the progress schedule, schedule of Shop Drawing and Sample submittals, schedule of values prepared by the Contractor and consult with the Engineer concerning acceptability; ii. Attend meetings with Contractor and subcontractors, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings; iii. Provide email updates to the Engineer and the Authority regarding meetings with Contractor and subcontractors; iv. Conduct daily on-site inspections of all Work in progress; v. Prepare daily inspection reports to determine if the Work is progressing in accordance with Contract Documents; vi. Report to the Authority and the Engineer whenever the RPI believes any portion of the Work will not produce a completed Project, conforming with the Contract Documents, or will imperil the integrity of the Project design as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; vii. Advise the Authority and the Engineer whether any part of the Work in progress should be corrected or rejected or should be P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 21 of 54 uncovered for observations, or requires special testing, inspection, or approval; viii. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Authority personnel, and that the Contractor maintains adequate records relating to the same; ix. Observe, record, and report to the Engineer appropriate details relative to the test procedures and systems start-ups; x. Report to the Engineer and the Authority when clarifications and interpretations of the contract documents are needed and transmit to the Contractor clarifications and interpretations as issued by the Engineer; xi. Advise the Engineer and the Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPI believes that the submittal has not been approved by the Engineer; and xii. Submit, via email, bi-weekly updates to the Authority summarizing the resident inspection costs and projecting further resident inspection costs for the duration of the Work. 3. Resident Inspection Qualifications: a. All field personnel assigned to the project must be physically capable of performing the task associated with their positions. All field personnel must be able to work at heights, on ladders, on scaffolding and on aerial lifts, or other tank inspection access equipment. They must be able to climb, work in confined spaces, and be able to work under adverse weather conditions as required. b. All field personnel shall satisfy OSHA requirements. c. Inspector shall have, at a minimum, one of the following certifications: i. NACE Level II/III – Coatings Inspection; ii. SNT-TC-1A – Nondestructive; iii. API 653 – Mechanical Integrity; P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 22 of 54 iv. AWS CWI - Mechanical Integrity; and v. NICET Level II – General Construction. d. All work performed by inspection personnel shall be reviewed by a New York State Licensed Professional Engineer (PE) with a minimum of five (5) experience with the design, construction, and maintenance of water storage tanks. The PE is responsible for checking all field reports for completeness, accuracy and conformance with this document. 3.06 General Services – Four separate Construction Contracts: A. Contractor’s Request for Payment: 1. As a general service to the Authority, the Engineer will review applications for payment with the Contractor(s) for compliance with the established procedure for their submission and forward recommendation to the Authority, noting particularly the relationship of the payment requested to the schedule of values, work completed, and materials and equipment delivered to the Project site but not incorporated in the work. 2. Based on the Engineer’s observations and on review of Applications for Payment and accompanying supporting documentation, the Engineer shall: a. Determine the amounts that the Engineer recommends Contractor be paid; b. Recommend reductions in payment based on the provisions stated in the Construction Documents; c. Such recommendations of payment will be in writing and will constitute the Engineer’s representation to the Authority, based on such observations and review, that, to the best of the Engineer’s knowledge, information and belief, the Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents: i. Subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation; and ii. Subject to the conditions precedent that permits a Contractor to receive payment based on the Work performed, which has been reviewed and accepted by the Engineer; P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 23 of 54 d. In the case of unit price Work, the Engineer’s recommendations of payment will include final determinations of quantities and classifications of the Work subject to any subsequent adjustments allowed by the Contract Documents. B. Standards for Certain Construction-Phase Decisions: 1. The Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Contract for initial interpretations, Change Proposals, and acceptance of the Work. 2. In rendering such decisions and judgments, the Engineer will not show partiality to the Authority or the Contractor, and will not be liable to the Authority, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. C. Certificates, Operation and Maintenance Materials: 1. During the course of construction, as a general service, the Engineer will verify whether materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by the Contractor are applicable to the items actually installed and in accordance with the Contract Documents. 2. After receipt from the Contractor, the Engineer will review and transmit to the Authority: a. Any maintenance and operating instructions, b. Schedules, c. Guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, d. Certificates of inspection, tests and approvals, and e. Shop Drawings, Samples, and other data as required. 3. Upon receipt from the Contractor, the Engineer will review and transmit to the Authority the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. 4. The Engineer must deliver to the Authority those documents described in subparagraph 2 of this paragraph, prior to the payment for such work. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 24 of 54 D. Completion: 1. Upon authorization from the Authority, as general services, the Engineer shall: a. Participate in visits to the Project to determine substantial completion, assist in the determination of substantial completion and the preparation of lists to be completed or corrected; b. Participate in a final visit to the Project with Authority personnel; and prepare a final list of items to be completed and deficiencies to be remedied; and c. Observe whether all items on the final list have been completed or corrected and make recommendations to the Authority concerning acceptance of the Project and final payment. 2. Substantial Completion: a. After a notice has been given by the Contractor as to the substantial competition or completion of Work, the Engineer will promptly visit the Project site to review the Work and determine the status of completion. b. The Engineer will follow the procedures in the Contract Document regarding the following: i. the preliminary certificate of Substantial Completion, ii. punch list of items to be completed, iii. objections made by the Authority, iv. notice to Contractor, and issuance of a final certificate of Substantial Completion. c. The Engineer will assist Authority regarding any remaining engineering or technical matters affecting Authority’s use or occupancy of the Work following Substantial Completion. 3. Final Notice of Acceptability of the Work: a. After conducting a final visit to the Project, the Engineer will determine if the Work is complete and acceptable so that the Engineer may recommend, in writing, final payment to the Contractor. b. Accompanying the recommendation for final payment, the Engineer shall also provide a notice to the Authority and the Contractor that the P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 25 of 54 Work is acceptable to the best of the Engineer’s knowledge, information, and belief, and based on the extent of the services provided by the Engineer under this Agreement. 3.07 Record Drawings – Four separate Construction Contracts: A. Upon authorization from the Authority, the Engineer shall: 1. Provide record drawings and record information, including sketches of modifications, photographs, videos, approved shop drawings, inspector reports, and test results for all completed Work according to the latest Authority As- Built Standards, using the AutoCAD Version 2018 platform. 2. Furnish all files on CD or flash drive to the Authority. 3. Where applicable, submit two stamped/signed full size sets, AutoCAD files, .pdf version of the drawings and Project Manual (with addenda) and GPS coordinates no later than one month after final payment of the Work is recommended for approval and in accordance with Authority Standards. 3.08 Service Timeframe. Unless otherwise extended by mutual agreement of the parties, the Engineer will render professional services relating to this Project within the following timeframe: A. All services under § 3.01, § 3.02, and § 3.03 of this Agreement shall be completed and delivered to the Authority within 100 days of the issuance of the Authority’s notice to proceed. The Design is complete when the Bid Documents are submitted to the Authority; B. All services under § 3.07 of this Agreement, Record Drawings, shall be completed and delivered to the Authority within 60 days following the contractor’s date of Substantial Completion; C. All other services should be completed by the end of the project with an estimated completion date of date to be inserted based on Engineer’s proposal >. ARTICLE 4 – PAYMENT OF PROFESSIONAL SERVICES 4.01 Lump Sum Payments: The Engineer agrees to accept a lump sum payment for the following services: A. Design: For services described under § 3.01 and § 3.03 of this Agreement, the Authority shall pay the Engineer a lump sum which will include all expense, labor and cost associated with this service. Payment will be made monthly based on the percentage of completion up to 100% of the total lump sum amount. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 26 of 54 B. Construction and General Services: For services described under § 3.04 and § 3.06 of this Agreement, the Authority shall the pay Engineer a lump sum which will include all expense, labor and cost associated with this service. Payment will be made monthly based on the percentage of completion up to 100% of the total lump sum amount. C. Record Drawings: For services described under § 3.07 of this Agreement, the Authority shall pay the Engineer a lump sum which will include all expense, labor and cost associated with this service. Payment will be made monthly based on the percentage of completion up to 100% of the total lump sum amount. 4.02 Resident Inspection: For services described under § 3.05 of this Agreement, the Authority shall pay the Engineer the payable hourly rates listed under §4.04, paragraph B and direct non- salary expenses. Overtime premium will be paid at 50% of the Resident Inspectors’ direct hourly rate in addition to the payable hourly rate listed under §4.04, paragraph B. Payment for Resident Inspection and expenses will be made monthly. 4.03 Special Services: For services described under § 3.02, paragraph A of this Agreement, the Authority shall pay the Engineer for special services pre-approved by the Authority’s Chief Operating Officer in an amount approved by the Authority’s Chief Financial Officer. A. When the Engineer is performing the special services described in § 3.02, paragraph A of this Agreement, such services will be billed at the fixed rates included in Appendix B of this Agreement. B. When the Engineer obtains special services from a third party, the Engineer will be reimbursed based on the actual invoice cost paid by the Engineer, plus 5%. 4.05 Engineering Cost Schedule: A. Engineering Costs: 1. Lump Sum – Design Cost insert cost > 2. Lump Sum – Construction and General Services Cost insert cost > 3. Lump Sum – Record Drawings Cost insert cost > TOTAL LUMP SUM COST: insert cost > B. Contractor Tank Cleaning Costs: Payable Hourly Rate(1) Insert Staff Title > insert cost > Insert Staff Title > insert cost > P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 27 of 54 (1)The Dollar amount for Estimated Contractor Cleaning costs is based fixed hour estimate of 32 hours of insert staff title > during the duration of the project. Payment will be made for actual hours worked during the duration of tank interior cleaning. Any equipment necessary for tank cleaning shall be included in the staff hourly rate. Actual hours will vary based on production rates of the Contractor during construction, unforeseen circumstances that develop during construction, and weather conditions. 1. Estimated Contractor Cleaning Costs insert cost > 2. TOTAL NOT TO EXCEED CONTRACTOR CLEANING COSTS: insert cost > C. Resident Inspections Costs: Payable Employee Direct Hourly Rate Hourly Rate Insert Staff Title > insert cost > insert cost > Insert Staff Title > insert cost > insert cost > The Dollar amount for Estimated Resident Inspection is based fixed hour estimate of insert hours > hours of insert staff title > Payable Hourly Rate and insert hours > hours of insert staff title > Payable Hourly Rate during the duration of the project. Payment will be made for actual hours worked during the duration of construction. Actual hours will vary based on production rates of the Contractor during construction, unforeseen circumstances that develop during construction, and weather conditions. 1. Estimated Resident Inspection insert cost > 2. TOTAL NOT TO EXCEED RESIDENT INSPECTION: insert cost > D. Special Services (not to exceed) $75,000.00 E. Other Costs: The following costs are only applicable to expenses incurred under § 3.02, Special Services, and § 3.05, Resident Inspection, of this Agreement. All other direct non- salary costs are to be included with the costs set forth as lump sum payments listed in § 4.05, Paragraph A of this Agreement. 1. Estimated Mileage (IRS rate) insert cost >/mile 2. Estimated Copy Costs (per copy) insert cost >/sheet 3. Prints (per print) insert cost >/print 4. Subcontractor Expenses, invoiced as special services Cost plus 5% maximum 5. Other Direct Non-Salary Costs At cost P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 28 of 54 4.05 Audit: The Authority reserves the right to audit the Engineer’s records to verify bills submitted and representations made. For this purpose, the Engineer agrees to make company records available for inspection upon written notice by the Authority. The Authority shall have two years from the date of the Engineer’s final bill to complete its audit. If the audit establishes an overcharge, the Engineer agrees to refund the excess. ARTICLE 5 – GENERAL PROVISIONS 5.01 Subcontract and Assignments: The Engineer may not subcontract or delegate any of the work, services, and/or other obligations of the Engineer without the express written consent of the Authority’s Executive Staff. The Authority and the Engineer bind themselves and their successors, administrators and assigns to the terms of this Agreement. The Engineer shall not assign, sublet, or transfer its interest in the Agreement without the written consent of the Authority. 5.02 Amendments: Any modification or variation from the terms of this Agreement must be in writing, authorized by a resolution of the Board of Commissioners of the Authority, and signed by all parties to be effective. 5.03 Right to Terminate: The Authority reserves the right to terminate the Engineer’s services at any time, without cause, based on seven (7) days’ written notice. The Engineer shall not be entitled to lost profit and shall perform only such services, after notification of termination, as the Authority directs. 5.04 Indemnification: A. To the fullest extent permitted by law, the Engineer agrees to indemnify and hold the Authority harmless from all third party claims, liabilities, damages and costs (including all reasonable attorney’s fees, and cost of defense) to which the Authority, its officers, directors and employees may be subject to, arising out of the death or bodily injury to any person or the destruction or damage to any property to the extent caused by the negligent acts, errors or omissions, or willful misconduct of the Engineer’s performance of professional services provided under this Agreement and those of its subcontractors or anyone for whom the Engineer is legally liable. B. To the fullest extent permitted by law, the Authority agrees to indemnify and hold the Engineer harmless from all third party claims, liabilities, damages and costs (including all reasonable attorney’s fees and cost of defense) to the extent caused by the negligent acts, errors or omissions of the Authority, its contractors, engineers, or anyone for whom the Authority is legally liable. 5.05 Confidential Information: A. To assist the Engineer in the performance of this Agreement, the Authority may provide the Engineer with confidential information including, but not limited to information relative to the services to be performed. All information received by the Engineer in any fashion and under any conditions resulting from the rendering of the services in P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 29 of 54 consideration of this agreement, are considered confidential. The Engineer shall hold in confidence and not disclose to any person or any entity, any information regarding information learned during the performance of services including but not limited to information relative to the services to be performed. B. The Engineer shall use at least the same degree of care to protect and prevent unauthorized disclosure of any confidential information as it would use to protect and prevent unauthorized disclosure of its own proprietary information. The Engineer shall use confidential information only in the performance of this Agreement. No other use of the confidential information whether for the Engineer’s benefit or for the benefit of others shall be permitted. C. In no event is the Engineer authorized to disclose confidential information without the prior written approval of the Authority. The Engineer may provide such information to its subcontractors for the purpose of performing the services; or disclose such information, with notice to the Authority, if such information is required to be disclosed by law or court order. D. The terms of this section shall be binding during and after the expiration or termination of this Agreement. 5.06 Insurance: A. The Engineer agrees to secure and maintain such insurance as will protect itself from claims under the Workers’ Compensation Act; claims for damages because of bodily injury, including personal injury, sickness or disease, or death of any of its employees or of any person other than its employees; and from claims for damages because of injury to or destruction of property including loss of use resulting therefrom in the amounts indicated on Appendix C. B. The Engineer agrees to provide and maintain insurance that will provide coverage for claims arising out of the negligent performance of its services. C. The Engineer agrees to provide Certificates of Insurance certifying the coverage required by this provision. D. The Engineer agrees to provide the name of an employee who will be responsible for providing the Authority with current and updated Certificates of Insurance. The Authority will require the name of the employee, the employee’s phone number and email address. 5.07 Copyrights, Trademarks and Licensing: The Engineer agrees all materials or work product produced under this Agreement, whether produced by the Engineer alone or with others, and regardless of whether produced during regular working hours, shall be considered work made for hire and the property of the Authority. The Engineer shall, during and after the terms of this Agreement, assign to the Authority, without further consideration, all right, title and interest in all P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 30 of 54 material produced under this Agreement. All material produced under this Agreement shall be and remain the property of the Authority whether registered or not. 5.08 New York Law and Jurisdiction: Notwithstanding any other provision of this Agreement, any dispute concerning any question of fact or law arising under this Agreement which is not disposed of by agreement between the Engineer and the Authority shall be governed, interpreted and decided by a court of competent jurisdiction of the State of New York in accordance with the laws of the State of New York. 5.09 Conflicts of Interest: The Engineer represents that it has advised the Authority in writing prior to the date of signing this Agreement of any relationships with third parties, including competitors of the Authority, which would present a conflict of interest with the rendering of the services, or which would prevent the Engineer from carrying out the terms of this Agreement or which would present a significant opportunity for the disclosure of confidential information. The Engineer will advise the Authority of any such relationships that arise during the term of this Agreement. The Authority shall then have the option to terminate the Agreement without being subject to further obligations under its terms, except for the payment of services already rendered by the Engineer. So long as the Engineer reports such a conflict as required by this section, the Engineer will have no further obligations for completing the scope of services under the terms of this Agreement. 5.10 Additional Conditions: The Engineer and the Authority acknowledge that there may be additional conditions, terms and provisions which shall apply specifically to the services to be performed. The parties agree to negotiate in good faith to agree upon such additional terms. 5.11 Entire Agreement: This Agreement constitutes the entire understanding of the parties and no representations or agreements, oral or written, made prior to its execution shall vary or modify the terms herein. This Agreement supersedes all prior contemporaneous communications, representations, or agreements, whether oral or written with respect to the subject matter hereof and has been induced by no representations, statements or agreements other than those herein expressed. No subsequent agreement made between the parties shall be binding on either party unless reduced to writing and signed by an authorized officer of the party sought to be bound by such agreement. 5.12 Independent Status: A. Nothing contained in the Agreement shall be construed to render either the Authority or the Engineer, an owner, member, officer, partner, employee or agent of the other, nor shall either party have authority to bind the other in any manner, other than as set forth in this Agreement, it being intended that the Engineer shall remain an independent contractor responsible for its own actions. The Engineer is retained by the Authority only for the purpose and to the extent set forth in this Agreement. B. The Engineer is free to choose the aggregate number of hours worked and the scheduling of such hours as it shall see fit at its discretion within the limitations set forth in Article 4. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 31 of 54 C. Neither the Engineer nor its employees shall be considered under the provisions of this Agreement or otherwise as having an employee, servant or agency status or as being entitled to participate in any plans, arrangements or distributions of the Authority. D. In providing the services under this Agreement, the Engineer represents and warrants that it has complied with all applicable federal, state and local laws particularly with respect to licenses, withholdings, reporting and payment of taxes. The Engineer agrees to furnish copies of documentation to the Authority evidencing its compliance with such laws. The Engineer further represents and warrants that any income accruing to the Engineer and its employees from the Agreement shall be reported as such to the appropriate taxation authorities. 5.13 Doing Business Status: The Engineer represents it is qualified to do business in the State of New York and has registered with the New York Secretary of State. 5.14 Gratuities: The Engineer shall prohibit its agents, employees and consultants from using their positions for personal financial gain, or from accepting any personal advantage from anyone under circumstances which might reasonably be interpreted as an attempt to influence the recipients in the conduct of their official duties. The Engineer or its employees shall not, under circumstances which might be reasonably interpreted as an attempt to influence the recipients in the conduct of their duties, extend any gratuity or special favor to employees of the Authority. 5.15 Notice: Any notices required by this Agreement or otherwise shall be delivered by United States Postal mail or personal delivery upon the addresses hereinbefore stated. Any change in such addresses shall be required to be in writing to the other party and acknowledged as such. ARTICLE 6 – SEVERABILITY 6.01 Any provision or part of the Agreement held to be void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties, which agrees that the Agreement shall be reformed to replace such stricken provisions or part thereof with a valid enforceable provision that comes as close as possible to expressing the intent of the stricken provision. The validity and enforceability of all other provisions of this Agreement shall not otherwise be affected. ARTICLE 7 – TERMINATION 7.01 The Authority reserves the right to terminate this Agreement in the event it is found that the Certification filed by the Engineer in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the Authority may exercise its termination right by providing written notification to the Engineer in accordance with the written notification terms of this Agreement. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 32 of 54 ERIE COUNTY WATER AUTHORITY By__________________________________ Jerome D. Schad, Chair insert name of Engineer > By__________________________________ STATE OF NEW YORK ) COUNTY OF ERIE ) ss: On the ______ day of ________________, in the year 2023, before me personally came Jerome D. Schad, to me known, who, being by me duly sworn, did depose and say that he resides in Amherst, New York, that he is the Chair of the Board of Commissioners for the Erie County Water Authority described in the above instrument; and that he signed his name thereto by order of the Board of Commissioners. ___________________________ Notary Public STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss: On the ______ day of ______________, in the year 2023, before me personally came _____________________, to me known, who, being by me duly sworn, did depose and say that he resides in _______________________________, New York, that he is the _________________ of the Corporation described in the above instrument; and that he signed his name thereto by order of the Board of Directors of said Corporation. ______________________________ Notary Public P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 33 of 54 APPENDIX A RESPONSE TO RFP REQUIRED FORMS Consultant’s RFP response including the following required forms to be inserted here > P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 34 of 54 NON-COLLUSIVE BIDDING CERTIFICATION as mandated by Public Authority Law § 2878 By submission of this bid or proposal, each bidder/respondent and each person signing on behalf of any bidder/respondent certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: (1) The prices in this bid or 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 bidder/respondent or with any competitor; and (2) Unless otherwise required by law, the prices which have been quoted in this bid or proposal have not been knowingly disclosed by the bidder/respondent and will not knowingly be disclosed by the bidder/respondent prior to opening, directly or indirectly, to any other bidder/respondent or to any competitor; and (3) No attempt has been made or will be made by the bidder/respondent to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. NOTICE (Penal Law § 210.45) IT IS A CRIME, PUNISHABLE AS A CLASS A MISDEMEANOR UNDER THE LAWS OF THE STATE OF NEW YORK, FOR A PERSON, IN AND BY A WRITTEN INSTRUMENT, TO KNOWINGLY MAKE A FALSE STATEMENT, OR TO MAKE A FALSE STATEMENT, OR TO MAKE A STATEMENT WHICH SUCH PERSON DOES NOT BELIEVE TO BE TRUE. Affirmed under penalty of perjury this day , 20 FIRM NAME ADDRESS ZIP AUTHORIZED SIGNATURE TYPED NAME OF AUTHORIZED SIGNATURE TITLE TELEPHONE No. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 35 of 54 SECTION 2875 OF THE PUBLIC AUTHORITIES LAW §2875. GROUND FOR CANCELLATION OF CONTRACT BY PUBLIC AUTHORITY. A clause shall be inserted in all specifications or contracts hereafter made or awarded by any public authority or by any official of any public authority created by the state or any political subdivision, for work or services performed or to be performed or goods sold or to be sold, to provide that upon the refusal of a person, when called before a grand jury, head of a state department, temporary state commission, or other state agency, the organized crime task force in the department of law, head of a city department, or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract. (a) Such person, and any firm, partnership, or corporation of which he is a member, partner, director, or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any public authority or official thereof, for goods, work or services, for a period of five years after such refusal, and to provide also that (b) any and all contracts made with any public authority or official thereof, since the effective date of this law, by such person and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be canceled or terminated by the public authority without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the public authority for goods delivered or work done prior to the cancellation termination shall be paid. This is to CERTIFY that neither the undersigned nor any member, partner, director, or officer of the firm has refused to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning a transaction or contract with the state, any political subdivision thereof, a public authority or with a public department, agency or official of the state or of any political subdivision thereof or of a public authority, when called before a grand jury, head of a state department, temporary state commission, or other state agency, the organized crime task force in the department of law, head of a city department, or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath. (Name of Individual, Partnership or Corporation) By (Person authorized to sign) (SEAL) P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 36 of 54 SECTION 2876 OF THE PUBLIC AUTHORITIES LAW §2876. DISQUALIFICATION TO CONTRACT WITH PUBLIC AUTHORITY Any person who, when called before a grand jury, head of a state department, temporary state commission or other state agency, the organized crime task force in the department of law, head of a city department or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath to testify in an investigation concerning any transaction or contract had with the state, any political subdivision thereof, a public authority or with a public department, agency or official of the state or of any political subdivision thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transaction or contract, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any public authority or any official of any public authority created by the state or any political subdivision, for goods, work or services, for a period of five years after such refusal or until a disqualification shall be removed pursuant to the provisions of section twenty- six hundred three of this article. It shall be the duty of the officer conducting the investigation before the grand jury, the head of a state department, the chairman of the temporary state commission or other state agency, the organized crime task force in the department of law, the head of a city department or other city agency before which the refusal occurs to send notice of such refusal, together with the names of any firm, partnership or corporation of which the person so refusing is known to be a member, partner, officer or director, to the commissioner of transportation of the state of New York, or the commissioner of general services as the case may be, and the appropriate departments, agencies and officials of the state, political subdivisions thereof or public authorities with whom the persons so refusing and any firm, partnership or corporation of which he is a member, partner, director or officer, is known to have a contract. However, when such refusal occurs before a body other than a grand jury, notice of refusal shall not be sent for a period of ten days after such refusal occurs. Prior to the expiration of this ten day period, any person, firm, partnership or corporation which has become liable to the cancellation or termination of a contract or disqualification to contract on account of such refusal may commence a special proceeding at a special term of the supreme court, held within the judicial district in which the refusal occurred, for an order determining whether the questions in response to which the refusal occurred were relevant and material to the inquiry. Upon the commencement of such proceeding, the sending of such notice of refusal to answer shall be subject to order of the court in which the proceeding was brought in a manner and on such terms as the court may deem just. If a proceeding is not brought within ten days, notice of refusal shall thereupon be sent as provided herein. This is to CERTIFY that neither the undersigned nor any member, partner, director, or officer of the firm has refused to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning a transaction or contract with the state, any political subdivision thereof, a public authority or with a public department, agency or official of the state or of any political subdivision thereof or of a public authority, when called before a grand jury, head of a state department, temporary state commission, or other state agency, the organized crime task force in the department of law, head of a city department, or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 37 of 54 (Name of Individual, Partnership or Corporation) By (Person authorized to sign) (SEAL) P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 38 of 54 FORMS A, B, and C STATE FINANCE LAW REQUIREMENTS The Erie County Water Authority (the “Authority”) is a government entity, as that term is defined in State Finance Law §§ 139-j(1)(a) and 139-k(1)(a). When the Authority seeks to procure goods or services by means of an Invitation or Notice to Bid, or a Request for Proposals, the State Finance Law imposes certain restrictions on anyone who may wish to offer goods or services to the Authority as an Offerer, as that term is defined in §§ 139-j(1)(h) and 139-k(1)(h). During the Restricted Period, as defined in §§ 139-j(1)(f) and 139-k(1)(f), when bids or proposals are being solicited, the Authority will designate a contact person with whom the Offerer may contact for information and other authorized purposes as set forth in §139-j of the State Finance Law. The designated contact is identified in the Notice to Bidders, or in the Request for Proposal. An Offerer is authorized to contact the Authority’s designated contact for such purposes as set forth in § 139-j(3). Pursuant to the State Finance Law, the Authority is also required to make certain findings before making any determinations as to the qualifications and eligibility of those seeking a procurement contract, as that term is defined in State Finance Law §§ 139-j(1)(g) and 139-k(1)(g). Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings of non-responsibility occurring within a 4-year period, the Offerer will be debarred from obtaining procurement contracts with the Authority. Further information about these requirements can be found in §§139−j and 139−k of the New York State Finance Law and the Erie County Water Authority’s Procurement Disclosure Policy. The following forms will be used by the Authority to make such findings: Form A - Offerer’s Affirmation of Understanding of, and Agreement to Comply with, the Authority’s Permissible Contact Requirements During the Restricted Period. Form B - Offerer’s Certification of Compliance with State Finance Law. Form C - Offerer’s Disclosure of Prior Non-Responsibility Determinations. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 39 of 54 FORM A Offerer’s Affirmation of Understanding of, and Agreement to Comply with, the Permissible Contact Requirements During the Restricted Period Instructions: The Erie County Water Authority (the “Authority”) is a government entity, as that term is defined in State Finance Law §§ 139-j(1)(a) and 139-k(1)(a). The Authority must obtain a written affirmation of understanding and agreement to comply with procedures regarding permissible contacts with the Authority in the restricted period for a procurement contract in accordance with State Finance Law §139−j and §139−k. It is required that this affirmation be obtained as early as possible in the procurement process, but no later than when the Offerer submits its proposal. Offerer affirms that it understands and agrees to comply with the procedures of the Authority relative to permissible contacts as required by State Finance Law §139−j(3) and §139−j(6)(b). By: Date: Name: Title: Contractor Name: Contractor Address: P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 40 of 54 FORM B Offerer’s Certification of Compliance With State Finance Law §139−k(5) Instructions: The Erie County Water Authority (the “Authority”) is a government entity, as that term is defined in State Finance Law §§ 139-j(1)(a) and 139-k(1)(a). The Authority must obtain a Certification that the information submitted for a procurement contract is complete, true, and accurate regarding any prior findings of non-responsibility, such as non-responsibility pursuant to State Finance Law §139−j. The Offerer must agree to sign the Certification, under penalty of perjury, and to provide the Certification to the Authority. The Certification should be obtained as early as possible in the process, but no later than when an Offerer submits its proposal. Offerer Certification: I certify that all information provided to the Authority relating to the awarding of a procurement contract is complete, true, and accurate. By: Date: Name: Title: Contractor Name: Contractor Address: P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 41 of 54 Page 1 of 3 FORM C Offerer’s Disclosure of Prior Non-Responsibility Determinations Background: The Erie County Water Authority (the “Authority”) is a government entity, as that term is defined in State Finance Law §§ 139-j(1)(a) and 139-k(1)(a). New York State Finance Law §139−k(2) obligates the Authority to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law §139−j. In accordance with State Finance Law §139−k, an Offerer must be asked to disclose whether there has been a finding of non- responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139−j; or (b) the intentional provision of false or incomplete information to a Government Entity. The terms “Offerer” and “Governmental Entity” are defined in State Finance Law §§139−j(1). and §139−k(1), These sections also set forth detailed requirements about the restrictions on contacts during the procurement process. A violation of State Finance Law §139−j includes, but is not limited to, an impermissible contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such contact does not fall within one of the exemptions). As part of its responsibility determination, State Finance Law §139−k(3) mandates consideration of whether an Offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offerer that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offerer is necessary to protect public property or public health safety, and the Offerer is the only source capable of supplying the required Article of Procurement, as that term is defined in State Finance Law §§ 139-j(1)(b) and 139-k(1)(b), within the necessary timeframe. See State Finance Law §139−j(10)(b) and §139−k(3). Instructions: The Authority must include a disclosure request regarding prior non-responsibility determinations in accordance with State Finance Law §139−k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for procurement contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract. It shall be submitted to the Authority conducting the Governmental Procurement no later than when the Offerer submits its proposal. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 42 of 54 Page 2 of 3 FORM C (Continued) Offerer’s Disclosure of Prior Non-Responsibility Determinations Name of Individual or Entity Seeking to Enter into the Procurement Contract: Address: Name and Title of Person Submitting this Form: Contract Procurement Number: Date: 1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle): No Yes If yes, please answer the next questions: 2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139−j (Please circle): No Yes 3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle) No Yes 4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below. Governmental Entity: Date of Finding of Non-Responsibility: Basis of Finding of Non-Responsibility: (Add additional pages as necessary) P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 43 of 54 Page 3 of 3 FORM C (Continued) 5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle): No Yes 6. If yes, please provide details below. Governmental Entity: Date of Termination or Withholding of Contract: Basis of Termination or Withholding: (Add additional pages as necessary) Offerer certifies that all information provided to the Erie County Water Authority with respect to State Finance Law §139−k is complete, true, and accurate. By: Date: Signature Name: Title: P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 44 of 54 CONTRACT TERMINATION PROVISION Instructions: A Contract Termination Provision will be included in each procurement contract governed by State Finance Law §139−k. New York State Finance Law §139-k(5) provides that every procurement contract award subject to the provisions of State Finance Law §§139−k and 139−j shall contain a provision authorizing the governmental entity to terminate the contract in the event that the certification is found to be intentionally false or intentionally incomplete. This statutory contract language authorizes, but does not mandate, termination. “Government Entity” and “procurement contract” are defined in State Finance Law §§ 139 j(1) and 139−k(l). This required clause will be included in a covered procurement contract. A sample of the Termination Provision is included below. If a contract is terminated in accordance with State Finance Law §139−k(5), the Erie County Water Authority, as a governmental entity, is required to include a statement in the procurement record describing the basis for any action taken under the termination provision. Sample Contract Termination Provision The Erie County Water Authority, as a governmental entity, reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer in accordance with New York State Finance Law §139−k was intentionally false or intentionally incomplete. Upon such finding, the Authority may exercise its termination right by providing written notification to the Offerer in accordance with the written notification terms of this contract. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 45 of 54 OFFERER’S STATEMENT REGARDING PREVENTION OF UNLAWFUL DISCRIMINATORY PRACTICES The Erie County Water Authority (the “Authority”), as an employer in New York State, is subject to the Human Rights Law, codified as Executive Law §290, et. seq., and Labor Law §201-g. The Authority seeks to provide a work environment that is free from unlawful discriminatory practices as they are defined in Executive Law §296, as well as from inappropriate harassing conduct even if not deemed unlawful, to its employees, contractors, subcontractors, vendors, consultants, and any other person providing services on Authority premises. Pursuant to the Human Rights Law, it shall be unlawful to discriminate against an individual, or to subject an individual to harassment, due to age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence. Accordingly, the Authority requires that any Offeror of a proposal or bid, agree to sign the following statement regarding unlawful discriminatory practices, including, but not limited to sexual harassment, under penalty of perjury. This statement should be provided to the Authority as early as possible in the procurement process, but not later than at the time of execution of a contract with the Authority. Failure to agree to sign the statement may result in the Authority deeming the bid or proposal withdrawn by the Offerer. Offerer Statement: I certify, under penalty of perjury, that the following statements are accurate: • Offerer is aware of its obligations under the Human Rights Law (Executive Law §290, et. seq.) • Offerer complies with the provisions of Executive Law §290, et. seq., including Executive Law §296, and does not permit unlawful discriminatory practices or harassment based on an individual’s age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence in its workplace. • Offerer complies with the provisions of Labor Law §201-g, has implemented a written policy addressing sexual harassment in the workplace which meets the minimum standards of Labor Law §201-g, and provides annual sexual harassment prevention training to all of its employees. By: Date: Name: Title: Offerer Name: Offerer Address: P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 46 of 54 APPENDIX B FIXED RATES FOR SPECIAL SERVICES Grade Hourly Billing Rate P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 47 of 54 APPENDIX C-1 INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES CONTRACT FOR CONSULTING ENGINEERING SERVICES WATER STORAGE TANK REHABILITATION RFP No. 202200088 Water Storage Tank Rehabilitation The following minimum insurance requirements shall apply to vendors providing services to the Erie County Water Authority (the Authority). If a service or project, in the opinion of the Authority, represents an unusual or exceptional risk, the Authority may establish additional insurance requirements for that service or project. All insurance required herein shall be obtained at the sole cost and expense of the contractor, including deductibles and self insured retentions, and shall be in full force and effect on the contract commencement date and for the duration of the contract. These requirements include but are not limited to the minimum insurance requirements. Insurance Requirements: a. Workers Compensation: Part 1: Workers Compensation: Statutory Part 2: Employers Liability: $1,000,000. Note: If New York State domiciled employees are used, coverage to be New York Statutory for both Parts 1 and 2 b. New York Disability Benefits Liability: Statutory coverage if New York State domiciled employees are used. c. Commercial General Liability: • $2,000,000. General Aggregate • $2,000,000. Products/Completed Operations Aggregate • $1,000,000. Each Occurrence • $1,000,000. Personal Injury/Advertising Liability • Per Project/Job Aggregate Limit Required • Erie County Water Authority to be scheduled as an Additional Insured for both ongoing and completed operations (attach Additional Insured endorsement to Certificate of Insurance) • Town of Boston and Town of Orchard Park to be scheduled as Additional Insureds. • Insurance to be primary and non-contributory. d. Automobile Liability: • $1,000,000. Each Accident • Erie County Water Authority to be scheduled as an Additional Insured. • Town of Boston and Town of Orchard Park to be scheduled as Additional Insureds. e. Umbrella Liability: P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 48 of 54 • $5,000,000. Each Occurrence • $5,000,000. Aggregate • Per Project/Job Aggregate Limit Required • Erie County Water Authority to be scheduled as an Additional Insured • Town of Boston and Town of Orchard Park to be scheduled as Additional Insureds. f. Professional Liability: • $2,000,000. Per Claim • $2,000,000. Aggregate Certificates of Insurance to be provided to the Authority prior to start of work as follows: ACORD 25 including copy of Additional Insured Endorsement Note: If coverage provided for NYS domiciled employees require Forms C 105.2 and DB 120.1 for Workers Compensation and NYS DBL. Certificates of Insurance, on forms approved by the New York State Department of Insurance, must be submitted to the Authority prior to the award of contract. Renewals of Certificates of Insurance, on forms approved by the New York State Department of Insurance, must be received by the Authority 30 days prior to the expiration of the insurance policy period. Certificates of Insurance and renewals, on forms approved by the New York State Department of Insurance, must be submitted to the Authority prior to the award of contract. Each insurance carrier issuing a Certificate of Insurance shall be rated by A. M. Best no lower than “A-” with a Financial Strength Code (FSC) of at least VII. The professional service provider shall name the Authority, its officers, agents and employees as additional insured on a Primary and Non-Contributory Basis, including a Waiver of Subrogation endorsement (form CG 20 26 11 85 or equivalent), on all applicable liability policies. Any liability coverage on a “claims made” basis should be designated as such on the Certificate of Insurance. Such insurance shall continue through the term of this Agreement and vendor shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Acts Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that vendor has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2), or 3) will continue as long as the law allows. To avoid confusion with similar insurance company names and to properly identify the insurance company, please make sure that the insurer’s National Association of Insurance Commissioners (N.A.I.C.) identifying number or A. M. Best identifying number appears on the Certificate of Insurance. Also, at the top of the Certificate of Insurance, please list the project number. Acceptance of a Certificate of Insurance and/or approval by the Authority shall not be construed P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 49 of 54 to relieve the outside vendor of any obligations, responsibilities or liabilities. Certificates of Insurance should be e-mailed to mmusarra@ecwa.org or mailed to Ms. Molly Jo Musarra, Claim Representative/Risk Manager Erie County Water Authority, 295 Main Street – Room 350, Buffalo, New York 14203-2494, or If you have any questions you can contact Ms. Musarra by e-mail or phone (716) 849-8465. P:\RFP\P202200088\02 RFP\PN 202200088- RFP Storage Tank Rehab-FINAL.docx Page 50 of 54 APPENDIX C-2 [THIS FORM IS INTENDED TO BE USED AS AN EXHIBIT OR ADDENDUM TO ANY SUBCONTRACT — IT SHOULD NOT BE USED BY ITSELF AS A SOLE CONTRACT DOCUMENT] ADDENDUM AGREEMENT This Addendum to the Agreement (“Addendum Agreement”) between [ Insert name of Upstream Contractor or Upstream Subcontractor] (hereinafter referenced as “Contractor”) and [Insert name of Downstream Subcontractor] (hereinafter referenced as “Subcontractor”) is being entered into by the parties for any and all work done for, with, or on behalf of the Erie County Water Authority (hereinafter the “Authority”) under the Primary Contract No._____________, Project No. __________________ [Insert Project Description] with [Insert name of Contractor], a copy of which may be obtained from [Insert name and contract information of the entity]. In accordance with the terms and conditions of the Primary Contract No. _____ entered into with the Erie County Water Authority, an ACORD25-Certificate of Liability Insurance and ACORD 855 NY-NY Construction Certificate of Liability Addendum shall be provided evidencing the following insurance is currently maintained and in force with an insurance carrier approved to do business in the State of New York and maintaining an A.M. Best Rating of A- or better showing the Authority as Certificate Holder and additional insured. You should share these requirements with your current insurance agent, broker or insurance company. Insurance Requirements Prior to the commencement of any work designated in any contract or agreement to which this Addendum Agreement is attached, and until at least the final completion and acceptance of the work under the contract or agreement to which this Addendum Agreement is attached, the Subcontractor, at its sole expense, shall maintain the following minimum insurance on its own behalf, and furnish to the Authority certificates of insurance evidencing same and reflecting the effective date of such coverage as listed below. In no event shall the failure to provide this proof, prior to the commencement of the work, be deemed a waiver by the Authority of the Subcontractor’s obligation to maintain the insurance set forth herein. The insurance required shall not be canceled, not renewed or materially changed after the issuance of the certificate of insurance required by this Addendum Agreement. A. Worker’s Compensation, Occupational Disease & Employer’s Liability Insurance: Worker’s Compensation, Occupational Disease & Employer’s Liability Insurance in accordance with the applicable laws and statutes to cover any injuries or illness to employees and any other person eligible for compensation, and the liability of the employer thereof to any person or organization, as follows: Worker’s Compensation & Occupational Disease: Statutory