Prattsburgh RFQ for Engineering Services.pdf

Town of Prattsburgh, New York REQUEST FOR

QUALIFICATIONS

Engineering Services, Design and Creation of Bid Documents for Storm Water Infrastructure Projects

PART 1 – GENERAL INFORMATION

1.1 Purpose of Request for Qualifications

The Town of Prattsburgh New York (Owner) is requesting qualifications for professional Engineering services for the purpose of restoring improved facilities that were damaged by flooding that occurred in August 2024. Respondents may be individuals or firms.

Copies of this Request for Qualifications can be obtained electronically at the NY Contract Reporter or by email request to the Town Clerk at prtbtwnclerk@empireaccess.net. There is no fee for these documents.

1.2 Background

During the period of August 8 to August 10, 2024, severe storms and flooding caused significant damage to improved facilities across the Town of Prattsburgh, Steuben County. FEMA issued a Notice of the Presidential declaration of a major disaster for the State of New York (FEMA -4825-DR). This declaration makes FEMA Public Assistance (PA) program funds available to the County of Steuben and Town of Prattsburgh for these repairs and all funds paid to subcontractors must be in accordance with Federal Program Regulations.

The Owner is legally responsible for storm water facilities that were damaged during the flood disaster including, roads, ditches, culverts, and cross culverts that convey streams and or stormwater under Town owned roads. The Owner has hired a Disaster Recovery grant specialist to assist with obtaining FEMA PA grant funds for the damage sustained during the flood. Repair to a portion of these facilities may require the services of a professional Civil Engineer to assist with developing cost estimates, performing studies, determining permit requirements, submitting permit applications, developing repair designs, preparing construction plans and specifications and construction monitoring services.

1.3 Owner's Participation

The Owner will provide an Owner's Representative and its FEMA Disaster Recovery Consultant to assist the Engineering Design firm in reviewing damage sites, collecting required data, and providing repair options.

1.4 Inquiries and Lobbying Restrictions

Respondents will examine all documents included in this Request for Qualifications carefully and shall make a written request to the Owner or Owner’s Disaster Recovery Consultant for interpretation or corrections of any ambiguity, inconsistency, or error herein. Any interpretation or correction will be issued as an Addendum by the Owner and provided on the NYS Contract Reporter. Only a written interpretation or correction by

Addendum shall be binding. Respondents are cautioned against relying upon any interpretation or correction given by any other method.

All requests for interpretation or other Inquiries concerning the request for qualification process and/or the subject of this request must be made via email to prtbtwnclerk@empireaccess.net.

Except for contact with the designated officials(s) for this project, all interested individuals and firms, and their agents who intend to submit or have submitted a response to the Owner for this project, are hereby placed on formal notice that no 1) Owner/Board Member, or 2) Owner employee / official, or 3) Consultant to Owner is to be lobbied either individually or collectively concerning this project.

Lobbying consists of introduction, discussions related to the selection process, or any other discussions or actions that may be interpreted as attempting to influence the outcome of the selection process. This includes holding meetings thereof, engaging in lobbying and/or prohibited contact, which actions may immediately disqualify Responder from further consideration for this project.

1.5 Submission Withdrawal

Respondents may withdraw their submission by notifying the Owner in writing at any time prior to the response time deadline. Submissions, once opened, become the property of the Owner, and will not be returned to the Respondents.

1.6 Submission Timetable

The Respondent shall adhere to the following schedule in all actions concerning this RFQ:

Owner Publishes RFQ July 14, 2026

Responses Due no later than 12 Noon August 13, 2026

Town Board Meeting Likely Approving Selection August 17, 2026

The Owner may delay or modify scheduled event dates (Section 1.6) if it is to the advantage of the Owner to do so.

1.7 Addenda

If revisions or clarifications to the RFQ become necessary, the Owner will provide written Addenda via email to all Respondents who requested the RFQ and provided a working email address. It is the responsibility of Respondents to closely monitor addenda. The Owner will notify Respondents of all changes electronically, consistent with Section 1.4 of this RFQ.

The Owner will not issue Addenda less than five (5) days prior to the scheduled deadline date and time for receiving responses, unless said date is to be postponed. Postponement of the deadline is at the sole discretion of the Owner. Every effort will be made to provide reasonable time for modification or preparation for respondents if an error is identified within this RFQ or upon the issuance of Addenda.

1.8 Oral Presentation and/or Interviews

At its sole discretion, the Owner may invite short-listed respondents to conduct oral presentations or interviews via zoom or phone call. Presentations or Interviews provide an opportunity for the Owner to obtain clarifications from Respondents and Respondents to clarify their submissions to the Owner and for the Owner to meet the members of the team to be directly assigned to the contract for the duration of the project. The Owner will schedule any such presentation or interviews.

1.9 Acceptance or Rejection of Submissions

The Owner reserves the right to reject any and all response submissions when (1) such rejection is in the best interest for the Owner; or (2) the response contains any irregularities; provided, however, that the Owner reserves the right to waive any minor irregularities and to accept the Respondent determined most responsive and responsible and best meeting its needs. The Owner also reserves the right to withdraw this RFQ at any time and/or to solicit and re-advertise for additional responses. Owner recognizes the effort dedicated to preparing Qualifications and will not withdraw this RFQ unless deemed absolutely necessary.

1.10 Development Costs

Neither the Owner nor its representatives shall be liable for any expenses incurred in connection with the preparation, submission, or presentation of a response to this RFQ.

1.11 Conflicts of Interest

All Respondents must disclose with their submission the name of any officer, director, or agent who is an appointed official or an employee of the Owner. Further, all Respondents must disclose the name of any appointed official or employee of the Owner who owns directly or indirectly, any interest in the Respondent's firm or any of its branches.

1.12 Administrative Requirements

The Respondent shall be familiar and compliant with 1) OMB Circular A-87 - Cost Principles for State, Local, and Indian Tribal Governments, 2) OMB Circular A-102 - Grants and Cooperative Agreements with State and Local Governments (10/07/1994) (further amended 08/29/1997 and 3) 44CFR Part 13, Uniform Administrative Requirements for Grants. 4) 2 CFR Part 200.

1.13 Non-collusion

By submitting and signing a response, the Respondent certifies that their offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud.

No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery of material or provision of services. Any violation of this provision may result in contract cancellation, return of materials or discontinuation of services and possible removal from the Owner's Vendor/Bid List(s).

1.14 Licenses and Permitting

Respondents, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of New York at the time of submittal of their response to this solicitation. Should the Respondent not be fully licensed and certified, its submitted response shall be rejected. It is expected that all respondents have the necessary credentials and expertise to exercise the standard of care required to carry out the activities described in this RFQ. Subcontracting specific types of expertise will be considered but must be clearly identified and disclosed.

1.15 Notification of Award

Notice of the award will be provided to all Respondents by the Owner via email.

1.16 Qualifications

Required qualifications that will be considered by Owner as a basis for selection of an Engineer or Engineering Design firm are as follows:

A. Must have a minimum of five years staff expertise in Municipal/Civil Engineering and design service plus demonstrated experience with watersheds, hydrology, siltation, waterflow management, creation of preliminary design concepts, cost estimating and analysis.

B. Demonstrated experience relating to FEMA funded projects including an understanding of procurement protocols, contractual requirements, and project management procedures.

PART 2 - DESCRIPTION OF SERVICES

2.1 Services Required

Entities that meet the qualification requirements described in 1.16 are requested to submit responses for Engineering Design and Cost Estimating services for the Owner. The Town of Prattsburgh requires the completion of studies, permit management and design services for culvert/bridge projects located at the following locations:

A) Pressler Road Stream Culvert

GPS Coordinates: (42.504576, -77.270710)

Damage Description: 6 FT Diameter x 30 FT Long Boiler pipe culvert was damaged during the 2024 August Flooding Event. The associated components are a stacked stone retaining wall on the culvert outlet, the chipseal road surface, stacked stone inlet headwall and a short section of ditch.

B) Lyons Hollow Road Embankment Failure

GPS Coordinates: (42.523442, -77.368270)

Damage Description: 180 FT Long x 6 FT Tall embankment that is washing away into the creek and threatening road stability. Creek bottom is stepped shale.

C) Dillenbeck Road Culvert

GPS Coordinates: (42.561494, -77.371190)

Damage Description: A failing 5 FT Diameter x 35 FT Long Boiler pipe culvert that needs replacement. The associated components are the undermined and compromised inlet and outlet headwalls.

Response to this RFQ will also allow the Town to engage the services of the selected respondent for additional yet unidentified facilities and/or Town projects that require the services of a NYS Licensed Civil Engineer. The terms and schedule for additional work will be, as needed, and subject to mutual agreement by both parties.

The Owner has procured the services of a Professional Disaster Recovery Consulting Firm to inventory eligible damage and assist with the regulatory and processing requirements related to the FEMA PA, 404 & 406 programs and obtain grant funds for repair of damaged facilities. The selected Engineering firm must be able to start work within 30 business days of Contract approval to begin project review with the Disaster Recovery Consulting Firm, Town officials, and representatives of the County.

Preconstruction Phase Services and Deliverables

A. Conduct an onsite inspection of the damaged facility with the Town’s consultants and representatives

B. Completion of a regulatory analysis resulting in a written regulatory report to the Owner clearly identifying which permits will be required for each facility and include a description of the design parameters required to obtain approval from regulatory agencies.

C. The Engineer will be required to prepare and submit permit applications on behalf of the Owner.

D. Review designated damaged facilities for mitigation opportunities and provide cost effective options for repair that will improve the facilities’ future climate resiliency including a written description of how the submission will mitigate potential future damage and the cost implications of each approach.

E. Upon specific request, provide subcontracted services as requested by the Owner for services that are not directly provided by the respondent that include but are not limited to: the preparation of Topographic Surveys, Geotechnical and Subsurface Investigations and analysis, Hydraulic and Hydrologic Analysis and Modeling, Environmental Impact Assessments, Site Surveys and Construction Limits, Tree Surveys or other technical studies that may be required to determine cause of damage or to develop repair scopes.

F. At the owner’s specific direction, utilize the data collected to develop preliminary repair designs that comply with permit requirements, regulatory guidelines, and the FEMA PA project grant.

Construction Phase Services and Deliverables A. Develop plans and specifications for bidding purposes that incorporate the permit and FEMA

PA program regulatory requirements.

B. Obtain all required permits from local authorities having jurisdiction on behalf of the Owner in accordance with the regulatory requirements that govern each damage site.

C. Develop erosion and sediment control and stormwater management plan to address runoff and protect water quality during and after construction if required.

D. Provide Public notice of the project as required by federal state and local regulations and coordinate any detours including notifications.

E. Assist with engaging local stakeholders to address concerns about projects including attendance at one Town Board meeting to present the detour and project plan.

F. Conduct project inspections including, but not limited to, oversight of contractors to expedite their work, maintain quality control, maintain a project log, and ensure conformance to the Contract Documents.

G. Provide all necessary personnel and expertise required for the administration of contracts, negotiation of change orders and resolution of disputes and delays.

H. Coordination of activities of utility companies and regulatory agencies, including electrical, telephone, internet data, natural gas, etc.

I. Conduct Contractor Coordination Meetings at regular intervals keep and distribute accurate minutes of meetings to the Owner.

J. Establish, maintain, and utilize a cost control system for all construction; keep records in a form readily usable by the project team; coordinate and communicate with Owner (Highway Superintendent) on a weekly basis during construction phase.

K. Review and approve contractor payment requests.

L. Prepare a monthly progress report to the Owner and Town Board or Council.

M. Prepare and maintain a current master record copy of drawings showing all changes to the contract drawings.

N. Deliver to Owner all records, documents, and other items pertinent to the project and complete final contractor close-out activities.

2.2 Rights Reserved

The Owner reserves the right to directly obtain subcontracted or additional services that may be identified, related to, or described within this Request for Qualifications.

PART 3 - INSTRUCTIONS TO RESPONDENTS

3.1 Preparation of Responses

A. The Respondent is expected to comply with all instructions contained in this RFQ.

B. The response should be prepared simply and economically, providing a straightforward, concise description of the Respondent's capabilities to satisfy the requirements of this RFQ. Emphasis should be on completeness, clarity of content and relevance to the type of projects described in this RFQ.

C. Owner will not be responsible for any costs incurred by Engineer in preparing or presenting responses.

D. Responses are to be organized in the order of content requested in Section 4 of this RFQ.

3.2 Conditions

The selected Engineer / Engineering Design firm will be required to submit a Certificate of Insurance for all insurances held by the company for services consistent with the minimum requirements as determined by Owner.

A. The Engineer / Engineering Design firm shall hold harmless and indemnify Owner, Owner's employees and consultants and other design consultants against all claims, suits, actions, costs, council fees, expenses, damages and/or judgment in decrees by reason of persons or property being damaged or injured by the Engineering Design firm or any of the Engineering Design firm's employees/subcontractors in any capacity during the progress of the work, whether by negligence or otherwise.

B. The successful Respondent for Engineering Design Services may not bid on the construction work for this project or any other services in which the Respondent participated in the development of bid specifications for any request for professional services.

C. Any submission where the contractor is found to be on the Excluded Parties List System or (federal or state debarred list) will be rejected. www.epls.gov

3.3 Grant Funding Conditions

This solicitation is either fully or partially Grant funded. Respondent shall comply with the clauses as enumerated in Attachment A & B. In addition, Attachment B shall be executed and returned with all submittals.

3.4 Submission of Response

A. The Respondent shall furnish one electronic copy via email and one paper copy in the following manner:

1. Submissions shall be delivered via email to Owner offices no later than:

12:00 Noon on August 3rd, 2026, prtbtwnclerk@empireaccess.net

The subject line will be labeled with the company name and include the words Engineering Services Qualifications

2. The required one (1) complete paper copy of the Response, with original signature, may be mailed* to

Town of Prattsburgh PO Box 427 Prattsburgh, NY 14873 Or delivered* to

Town of Prattsburgh Town Hall 19 N Main Street Prattsburgh NY, 14873

*For receipt no later than 12:00 Noon on August 3rd, 2026.

B. Late Submission, Modification, or Withdrawal

1. Responses received after the deadline will not be accepted

2. Responses may be modified or withdrawn by written notice received prior to deadline for receipt of submissions.

PART 4 - SUBMISSION CONTENTS

4.1 Letter of Interest:

A. Provide the legal name of the company and the Employee Identification Number, location of corporate headquarters and local offices, names, phone numbers and email addresses of a primary contact person and an alternate to be available by phone during business hours. (1 page)

B. The date that the firm can assign personnel and begin providing professional services.

4.2 Company Information

A. Please list the menu of services provided directly by the firm. If the firm subcontracts some of the services listed within this RFQ, please provide a list of subcontracted services, and include the name of each potential subcontractor and corresponding services that may be provided by each subcontractor.

B. Organizational Chart of the company, showing lines of authority, structure, and depth of resources (1 page)

4.3 References (1 page)

A. Provide a minimum of three related references with current contact information including at minimum name, title, phone number, and email.

B. Include a brief description of the type of work provided to each client/reference, dollar value of projects and dates of completion

4.4 Project Team

A. Provide biographies of the Management Team of the Firm and describe their individual and team experience in FEMA Public Assistance funded projects similar in nature to the proposed project. (1-2 page)

B. If different from the individuals listed in A. above, specifically identify the licensed professional Engineer and specific field staff that will be assigned to this contract, include their contact information and biographies or resumes. (1-2 pages)

C. Identify any members of the primary Project Team that are subcontractors, include a description of services that will be provided by this subcontractor and include their specific expertise as it relates to this type of project. (1-2 pages)

4.5 Approach and Methodology (2-4 pages)

A. Provide a description of the firm’s approach to repairing stream culverts including the need for specific studies/surveys, regulatory reviews for permit requirements, preparation of permit applications, development of repair and design options, the inclusion of design elements that enhance climate resiliency and the order of operations for each step of the project development process.

B. Describe your internal management plan as it pertains to the allocation of staff resources and/or subcontractors for the collection of data, damage site inspections, development of preliminary designs and creation of preliminary cost estimates for repair at each site.

C. Describe how subcontractors will be managed (if applicable)

D. Describe your billing and invoicing system and include a sample invoice that demonstrates the level of detail provided within each invoice that describes the work that was done, the personnel and time spent completing each task.

4.6 Fee Structure (1 page)

All firms responding must clearly provide their fee arrangements in the three following components:

A. Hourly rate charged for each staff member anticipated to complete tasks described within this contract and with corresponding staff title

B. Reimbursable Expenses, i.e., travel, per-diem, lodging, mileage, copying, overhead, management, and oversight etc.

C. Management fee associated with oversight of subcontractors

D. Any other expenses that may be charged under the terms of the contract

PART 5 - EVALUATION PROCEDURES AND CRITERIA

Submissions will be evaluated by a committee selected by the Owner and based on the following Evaluation Criteria. Each submission will be evaluated both objectively and as compared to the other responses. Owner reserves the right to disqualify any submission that does not meet the essential requirements of the RFQ.

Following receipt of information from all interested people and firms, the Selection Committee may, at its discretion, employ a "short listing" process to narrow the field of Respondents for further consideration.

The Selection Committee may or may not hold interviews or phone conversations with these Respondents as part of the selection process.

5.1 Evaluation Criteria

20 Points Completeness, clarity, and conciseness of submission.

30 Points Depth of experience and references and demonstrated ability to directly perform or obtain the services outlined in this RFQ. The designated project team’s experience related to completing infrastructure projects funded through FEMA Public Assistance Program.

30 Points Description of approach and methodology, order of operations, anticipated schedule and availability of staff resources and specific order of the project development and invoice process.

20 Points Fee Structure

Bonus Points Submissions demonstrating that proposed team developed projects in cooperation with NYS and FEMA will receive up to 10 bonus points.

(Identification of FEMA project number, Disaster Declaration # and point of contact necessary for verification.)

ATTACHMENT A

Grant Funding Conditions

This solicitation is either fully or partially Grant funded. Bidders shall comply with the clauses as enumerated below. In addition, Attachment B shall be executed and returned with all submittals. Bidders may be deemed non-responsive for non-compliance and failure to submit Attachment B.

1. Drug Free Workplace Requirements (See Attachment B): Drug-free workplace requirements in accordance with Drug Free Workplace Act of 1988 (Pub l 100-690, Title V, Subtitle D) All contractors entering into Federal funded contracts over $100,000 must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of 1988.

2. Contractor Compliance: The contractor shall comply with all uniform administrative requirements, cost principles, and audit requirements for federal awards.

3. Conflict of Interest: The contractor must disclose in writing any potential conflict of interest to the Client or pass-through entity in accordance with applicable Federal policy.

4. Mandatory Disclosures: The contractor must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award.

5. Utilization of Minority and Women Firms (M/WBE) (Attachment B): The contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Prior to contract award, the contractorshall document efforts (see Attachment B) to utilize M/WBE firms including what firms were solicited as suppliers and/or subcontractors as applicable and submit this information with their bid submittal. Please see information requested on Attachment B

6. Equal Employment Opportunity: (As per Executive Order 11246) The contractor may not discriminate against any employee or applicant for employment because of age, race, color, creed, sex, disability, or national origin. The contractor agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their age, race, color, creed, sex, disability, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship.

7. Davis-Bacon Act: If applicable to this contract, the contractor agrees to comply with all provisions of the Davis Bacon Act as amended (40 U.S.C.

3141-3148). Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If the grant award contains Davis Bacon provisions, the Client will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation document.

The decision to award a contract shall be conditioned upon the acceptance of the wage determination.

8. Copeland Anti Kick Back Act: Contractors shall comply with all the requirements of 29 CFR Part 3 which are incorporated by reference to this contract. Contractors are prohibited from inducing by any means any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he or she is otherwise entitled.

9. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708):

Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

Under 40 U.S.C. 3702 of the Act, each contractor is required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

10. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution

Control Act (33 U.S.C. 1251–1387): as amended—The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

11. Debarment and Suspension (See Attachment B) (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p.

189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The bidder shall certify compliance as per Attachment B

12. Byrd Anti-Lobbying Amendment (See attachment B) (31 U.S.C. 1352):

Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. The bidder shall certify compliance as per Attachment B

13. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency

14. Prohibition on utilization of cost plus a percentage of cost contracts: The

Client will not award contracts containing Federal funding on a cost-plus percentage of cost basis.

ATTACHMENT B

CERTIFICATIONS REGARDING LOBBYING DRUG-FREE WORKPLACE

AND REQUIREMENTS DEPARMENT, SUSPENSION OTHER

RESPONSIBILITY MATTERS and UTILIZATION OF DISADVANTAGED

FIRMS (M/WBE)

This solicitation requires execution of this form which affirms compliance with certification requirements under 10 CFR Part 601 "New Restrictions on Lobbying, 10 CFR Part 607 “Government wide Requirements for Drug-Free Workplace (Grants) and 10 CFR Part 606 "Government Debarment and Suspension

1. LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

2. DRUG FREE WORKPLACE CERTIFICATION

The vendor agrees to comply with regulations set forth in accordance with the

Drug-Free Workplace Act of 1988 (Pub.L.100-690, Title V, Subtitle D) and is implemented through additions to the Debarment and Suspension regulations, published in the Federal Register on January 31, 1989, and May 25, 1990.

Furthermore,

(1) The vendor certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant.

(2) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant.

3. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

(1) The prospective lower-tier participant certifies to the best of its knowledge and belief, that it and its principles:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery; falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

4. DBE GOOD FAITH EFFORTS

The bidder agrees to take all necessary affirmative steps to assure that minority businesses, woman- owned business enterprises and labor surplus firms are used when possible and agrees to provide documentation of these efforts if selected as the successful bidder.

SIGNATURE

As the duly authorized representative of the company, please accept this proposal for engineering services to the Town of Prattsburgh. I hereby certify that the company will comply with the above certifications.

Company Name:

Printed Name and Title of Authorized Representative:

Signature Date

ATTACHMENT C – To be incorporated into SELECTED ENGINEER’s contract

The State of NY is the Recipient

Town of PRATTSBURGH, NY is the SUB-RECIPIENT

SELECTED ENGINEER is the CONTRACTOR

SELECTED ENGINEER agrees to comply with the following:

FEMA Mandated Contract Clauses

If applicable to the work and services being performed by CONTRACTOR under the parties’ AGREEMENT, the following provisions are adopted and form part of this AGREEMENT:

2.1 Damages, 2 CFR §200.326 Appendix II to Part 200 (A)

A. All work to be performed under this AGREEMENT shall be timely commenced. A breach of this AGREEMENT by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public.

B. In the event of Contractor’s breach of its performance obligations, Client shall have all rights and remedies against Contractor as provided by law.

2.2 Termination of Rights, 2 CFR §200.326 Appendix II to Part 200(B)

Termination for Convenience: Whenever the interests of the SUB-RECIPIENT so require, SUB- RECIPIENT may terminate the parties’ Agreement, in whole or in part, for the convenience of the SUB-RECIPIENT. SUB-RECIPIENT shall give Contractor thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties’ agreement are terminated, Contractor has the right to withdraw from the parties’ Agreement, without adverse action or claims. In the event of a termination for convenience by SUB-RECIPIENT, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination.

Termination for Cause: The SUB-RECIPIENT may, by written notice of default to Contractor, terminate the parties’ Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the parties’ agreement after a period of ten (10) following Contractor’s receipt of a Notice of Deficiency provided by SUB-RECIPIENT.

2.3 Equal Employment Opportunity Clause (2 CFR §200.326 Appendix II to Part 200 (C))

If applicable to the work and services performed by CONTRACTOR under the AGREEMENT, during the performance of the AGREEMENT, CONTRACTOR shall comply with the Equal Employment Opportunity Clause (41 CFR 60-1.4(b)):

A. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

AGREEMENTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

C. CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice to be provided advising the said labor union or workers’ representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

E. CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders.

F. In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this AGREEMENT or with any of the said rules, regulations or orders, this AGREEMENT may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

G. CONTRACTOR will include the portion of the sentence immediately preceding paragraph

(1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States.

2.4 Davis Bacon and Copeland “Anti-Kickback” Act, 2 CFR §200.326 Appen. II to Part 200 (D)

If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT:

A. Davis-Bacon Act: Applicable to construction or repair of public buildings or public works. see

FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2), page 32 (FP 104-0092/January 2016);

B. Copeland “Anti-Kickback” Act: In contracts subject to the Davis-Bacon Act, CONTRACTOR shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

The Act provides that the contractor and subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The GOVERNMENT must report all suspected or reported violations to the appropriate Federal agency.

If applicable to the work and services performed by CONTRACTOR under the parties’

AGREEMENT:

1. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of

29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this

AGREEMENT.

2. CONTRACTOR or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontract with these contract clauses.

3. A breach of the AGREEMENT clause above may be grounds for termination of the AGREEMENT, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.

§5.12.

2.5 Contract Hours and Safety Standards Act, 2 CFR §200.326 Appendix II to Part 200 (E) (40 U.S.C.

3701-3708)

Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (A) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section.

C. Withholding for unpaid wages and liquidated damages. The GOVERNMENT shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work.

Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (B) of this section.

D. The contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs

(A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

2.6 Rights to Inventions Made Under a Contract or Agreement, 2 CFR §200.326

Appendix II to Part 200 (F)

If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT and if the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the GOVERNMENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the GOVERNMENT must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business.”

2.7 Clean Air Act and Federal Pollution Control ACT, 2 CFR §200.326 Appendix II to Part 200 (G)

CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

CONTRACTOR shall include the foregoing requirements in each subcontract exceeding $100,000.

2.8 Energy Efficiency and Conservation, 2 CFR §200.326 Appendix II to Part 200 (H) If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT, CONTRACTOR shall comply with the mandatory standards and policies of the state regulation promulgated in accordance with the Energy Policy and Conservation Act (42

U.S.C. § 6201).

2.9 Debarment and Suspension, 2 CFR §200.326 Appendix II to Part 200 (I)

A. This AGREEMENT is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the CONTRACTOR is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters.

C. This certification is a material representation of fact relied upon by GOVERNMENT. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.

pt. 3000, subpart C, in addition to remedies available to GOVERNMENT, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

D. The CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2

C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of performance. The CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions.

2.10 Byrd Anti-Lobbying Amendment, 2 CFR §200.326 Appendix II to Part 200 (J)

CONTRACTOR must file with the GOVERNMENT the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any…