Docstoc

CITY OF PLAINFIELD

Document Sample
CITY OF PLAINFIELD Powered By Docstoc
					      CITY OF PLAINFIELD
            BID SPECIFICATIONS

                   For
       ENVIRONMENTAL CONTRACTING –
UNDERGROUND STORAGE TANK AND SOIL REMOVAL

                      AT
              The Lee Place Site
              208-222 Lee Place
               City Of Plainfield
          Union County, New Jersey
                         NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that the City of Plainfield will receive sealed
bids for ENVIRONMENTAL CONTRACTING SERVICES, as described in
the project specifications. Bids will be received until July 22, 2010 at
11:00 AM prevailing local time by the PURCHASING DIVISION, CITY
HALL, 515 WATCHUNG AVENUE, PLAINFIELD, and NEW JERSEY
07060, at which time the sealed bids will be publicly opened and read
aloud.

Bidding is limited to firms maintaining valid certification by the NJDEP to
perform closure of regulated underground storage tanks.

Drawings, specifications, and Bid Proposal forms may be obtained from
the City Purchasing Agent's Office, 515 Watchung Avenue, Plainfield,
New Jersey, 07060 during regular business hours (8:30 am – 4:30 pm).
Perspective bidders are hereby notified that an original and one
(1) copy of the entire bid package must be submitted to the City
Bids must be on the bid form prepared by City of Plainfield, in the
manner designed therein and required by the specifications, must be
enclosed in sealed envelopes bearing the name and address of the
bidder on the outside and bearing on the outside reference to the
particular work bid upon. Said bids shall be addressed to Mr. David
Spaulding, Purchasing Agent, City of Plainfield Division of
Purchasing,515 Watchung Ave.,Plainfield,NJ 07060 and are to
delivered to the City Clerk’s Office 515 Watchung Ave.,Plainfield,NJ
07060 before said bids are read aloud on the date and time prescribed.
Each bid shall be accompanied by a certified check, cashier’s check or
bid bond duly executed by the bidder as principal and having as surety
thereon a surety company approved by the City of Plainfield in an
amount not less than ten percent (10%) but in no case in excess of
$20,000 of the amount of the bid. Any such bid bond shall be without
endorsement or conditions. Bid shall also be accompanied by a
certificate letter from a surety company stating that it will provide the
bidder with the completion bond.




                                    2
The award of the contract shall be made subject to the necessary
moneys to do the work being provided by the City of Plainfield in a
lawful manner. The contract to be executed by the successful bidder
will provide that it shall not become effective until the necessary
moneys to do the work have been provided by the City of Plainfield in a
lawful manner. The award shall further be subjected to the securing of
necessary State, Federal or Local permits governing the work
Bidders are required to comply with the requirements of N.J.S.A.10:5-31
et seq N.J.A.C.17:27 (And Affirmative Action), P.L.1963 c150 (New Jersey
Prevailing Wage Act), and Americans with Disabilities Act of 1990(42
U.S.C. 1201.et.seq.)

The contractor is further notified that they must comply with P.L. 1977,
c.33, and submit a disclosure Statement listing stockholders with his bid.

The contractor is further notified that they must comply with P.L. 1999,
c.238 Public Works Contractor Registration Act and he and any
subcontractors must be registered in accordance with the act.

The contractor is further notified that they must comply with P.L. 2004,
c.57 and submit proof of business registration and submit proof of
business for any named subcontractors in accordance with the act.

David Spaulding
Purchasing Agent
City of Plainfield




                                    3
                    GENERAL INSTRUCTIONS TO BIDDERS


A. BIDS. The City of Plainfield, Union County, New Jersey (hereinafter referred to
   as ―OWNER‖) invites sealed bids pursuant to the Notice to Bidders.
B. SUBMITTAL OF BIDS. The bid Proposal Form and other required bid
   documents shall be submitted, in a sealed envelope: (1) addressed to the
   OWNER as follows: City Purchasing Agent Office, 515 Watchung Avenue,
   Plainfield, New Jersey, 07060 (2) bearing the name and address of the bidder
   written on the face of the envelope, and (3) clearly marked ―BID‖ with the
   contract title: ―Lee Place Site – Environmental Contracting‖. It is the bidder’s
   responsibility to see that bids are presented to the OWNER on the hour and at
   the place designated. Bids may be hand delivered or mailed; however, the
   OWNER disclaims any responsibility for bids forwarded by regular or overnight
   mail. If the bid is sent by overnight mail, the designation in this section must
   also appear on the outside of the delivery company envelope. Bids received
   after the designated time and date will be returned unopened.
C. INTERPRETATIONS OR ADDENDA. The bidder understands and agrees that
   its bid is submitted on the basis of the specifications prepared by the OWNER.
   The bidder accepts the obligation to become familiar with these specifications.
   Bidders are expected to examine the specifications and related documents with
   care and observe all their requirements. Ambiguities, errors or omissions noted
   by bidders should be promptly reported in writing to the appropriate official. In
   the event the bidder fails to notify the OWNER of such ambiguities, errors or
   omissions, the bidder shall be bound by the bid.
   No oral interpretation of the meaning of the specifications will be made to any
   bidder. Every request for an interpretation shall be in writing, addressed to the
   OWNER’S representative stipulated in the bid.               Written requests for
   interpretation must be received at least seven (7) days prior to the date fixed for
   the opening of the bids, Saturdays, Sundays, and holidays excepted; and for
   construction work bids, written requests for interpretation must be received at
   least nine (9) days, Saturdays, Sundays and holidays excepted prior to the date
   fixed for the opening of the bids. Any and all such interpretations and any
   supplemental instructions will be in the form of written addenda to the
   specifications, and will be distributed to all prospective bidders, in accordance
   with N.J.S.A. 40A:ll—23. All addenda so issued shall become part of the
   contract documents, and shall be acknowledged by the bidder in the bid. The
   OWNER’S interpretations or corrections thereof shall be final.
D. FAMILIARITY WITH SITE CONDITIONS. Each bidder must fully acquaint
   himself/herself with the existing conditions relating to the construction and labor,
   and should fully inform himself/herself as to the facilities involved, the difficulties
   and restrictions attending the performance of the Contract. The bidder should
   thoroughly examine and familiarize himself/herself with the drawing, technical

                                          4
   specifications, special conditions, addenda (if any) and all other contract
   documents. The contractor by execution of the contract shall in no way be
   relieved of any obligation under it due to himself/herself failure to receive or
   examine any form of legal instrument or failure to visit the site and acquaint
   himself/herself with the conditions there existing and the City will be justified in
   rejecting any claim based on the facts regarding which he/she should have
   been on notice as a result thereof.
E. ALTERNATE BIDS. No Alternate bids will be considered except those
   alternative bids specifically requested by the technical specifications, and Bid
   Forms.
F. NON-COLLUSION AFFIDAVIT. Each bidder submitting a bid to the City for the
   work contemplated by the documents on which bidding is based shall examine
   and attach thereto, an affidavit on the form herein provided, to the effect that
   he/she has not entered into a collusive agreement with any other person, firm,
   or corporation in regard to any bid submitted.
   Before executing any subcontract the successful bidders shall submit the name
   of any proposed subcontractors for prior approval by the City.
G. CHAPTER 33 PUBLIC LAW OF 1977/STOCKHOLDER DISCLOSURE.
   Chapter 33 of the Public Laws of 1977 provides that no corporation or
   partnership shall be awarded any state, county, municipal or school district
   contract for the performance of any work or the furnishing of any material or
   supplies, unless prior to receipt of the bid or accompanying the bid of said
   corporation or partnership there is submitted a statement which shall set forth
   the names and addresses of all stockholders in the corporation or partnership
   who own ten percent (10%) or greater interest therein. Each bidder submitting
   a bid for this project shall complete and attach thereto the Stockholder
   Disclosure Certification herein provided.
H. AFFIRMATIVE ACTION REQUIREMENTS. Contractors shall comply with
   N.J.S.A. 10:5-31 et. seq. (N.J.A.C. 17:27), Mandatory Affirmative Action
   Language, Construction Contracts, Exhibit B a copy of which is attached.
   Bidders shall complete, sign and return this with the bid.
   Each bidder shall complete and sign the Affirmative Action Compliance Notice,
   and return affirmative action Form AA-201 Initial Project Manning Report-
   Construction before the contract is awarded. The successful bidder shall also
   submit Form AA-202 Monthly Project Workforce Reports.
   The City has passed Affirmative Action Ordinance dated September 8, 1981,
   the provisions of which will be referenced in any contract resulting from this
   solicitation.
I. BUSINESS REGISTRATION OF PUBLIC CONTRACTORS Pursuant to P.L.
   2004, c 57 (Chapter 57) NJSA 52:32-44, all prospective bidders (as well as any
   subcontractors) must provide proof of State of New Jersey business
   registration. Proof of business registration shall be a copy of a Business
   Registration Certificate issued by the New Jersey Department of the Treasury,
   Division of Revenue.
   The contractor shall provide written notice to its subcontractors and suppliers of

                                        5
   the responsibility to submit proof of business registration to the contractor. The
   requirement of proof of business registration extends down through all levels
   (tiers) of the project.
   Before final payment on the contract is made by the contracting agency, the
   contractor shall submit an accurate list and the proof of business registration of
   each subcontractor of supplier used in the fulfillment of the contract, or shall
   attest that no subcontractors were used.
   For the term of the contract, the contractor and each of its affiliates and a
   subcontractor and each of its affiliates [N.J.S.A. 52:32-44(g) (3)] shall collect
   and remit to the Director, New Jersey Division of Taxation, the use tax due
   pursuant to the Sales and Use Tax Act on all sales of tangible personal property
   delivered into this State, regardless of whether the tangible personal property is
   intended for a contract with a contracting agency.
   A business organization that fails to provide a copy of a business registration as
   required pursuant to section 1 of P.L. 2001, c.134 (c.52:32-44 et al.) of
   subsection e. or f. of section 92 of P.L. 1977, c.110 (c.5:12-92), or that provides
   false business registration information under the requirements of either of those
   sections, shall be liable for a penalty of $25 for each day of violation, not to
   exceed $50,000 for each business registration copy not properly provided under
   a contract with a contracting agency.
J. NJDEP UST Contractor Certification. All prospective bidders must provide
   proof of the firm’s certification by the New Jersey Department of Environmental
   Protection to perform closure of regulated underground storage tanks (USTs). .
K. EMPLOYMENT OF VETERANS. The contractor agrees to provide certification
   that special consideration consonant with existing applicable collective
   bargaining agreements and practices, shall be given to the employment on the
   project of qualified Vietnam-Era Veterans, as defined in 38 USC 2011(2)(A).
L. PREVAILING WAGES. Pursuant to N.J.S.A. 34:11—56.25 et seq., successful
   bidders on projects for public work shall adhere to all requirements of the New
   Jersey Prevailing Wage Act. The contractor shall be required to submit a
   certified payroll record to the OWNER within ten (10) days of the payment of the
   wages. The contractor is also responsible for obtaining and submitting all
   subcontractors’ certified payroll records within the aforementioned time period.
   The contractor shall submit said certified payrolls in the form set forth in
   N.J.A.C. 12:60—6.1(C). It will be the contractor’s responsibility to obtain any
   additional copies of the certified payroll form to be submitted by contacting the
   Office of Administrative Law, CN 049, Trenton, New Jersey 08625 or the New
   Jersey Department of Labor, Division of Workplace Standards.
   In addition, because Federal funds will be used on this project, wages must
   meet the locally prevailing wage rates in effect at the time the contract is
   executed, in accordance with the provisions of the Davis-Bacon Act. The
   current prevailing wages based on a determination by the U.S. Department of
   Labor are provided in Appendix 3. In the case of discrepancy between the
   prevailing wage and the Davis Bacon rates, the higher rates shall apply. Any
                                        6
   question regarding the N.J. prevailing wages, please call 1-609-292-2259. Or
   write:

             Public Contracts Section
             Office of Wage and Hour Compliance
             N.J. Department of Labor CN389
             Trenton, N.J. 08625-0389
M. EQUAL EMPLOYMENT OPPORTUNITY. Attention of Bidders is particularly
   called to the requirement for ensuring that employees and applicants for
   employment are not discriminated against because of their race, color, religion,
   sex or national origin.
N. LUMP SUM AND UNIT PRICES. The lump sum price for each of the several
   items in the proposal of each bidder shall include its pro-rata share of overhead
   so that the sum of the lump sums bid for each item represents the total bid. Any
   bid not conforming to this requirement may be rejected.
   The unit price for each of the several items in the proposal of each bidder shall
   include its pro-rata share of overhead so that the sum of the products obtained
   by multiplying the quantity shown for each item for the unit price bid represents
   the total bid. Any bid not conforming to this requirement may be rejected. The
   special attention of all bidders is called to this provision. Should conditions
   make it necessary to revise the quantities, no limit will be fixed for such
   increased or decreased quantities nor extra compensation allowed, provided
   the net monetary value of all such additive and subtractive changes in
   quantities of such items of work shall not increase or decrease the original
   contract price by more than twenty percent (20%), except for work not covered
   in the drawings and technical specification as provided for or conditions
   specified in the special conditions.
O. Estimated Quantities (Open—End Contracts). The OWNER has attempted to
   identify the item(s) and the estimated amounts of each item bid to cover its
   requirements however, past experience shows that the amount ordered may be
   different than that submitted for bidding. The right is reserved to decrease or
   increase the quantities specified in the specifications pursuant to N.J.A.C. 5:34-
   4.9. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
P. PERMITS. Successful bidder shall be responsible for obtaining any applicable
   permits or licenses from any government entity that has jurisdiction to require
   the same. All bids submitted shall include this cost in the bid price agreement.
Q. CORRECTIONS. Erasures or other changes in the bids must be explained or
   noted over the signature of the bidder.
R. TIME FOR RECEIVING BIDS. Bids received prior to the advertised hour of
   opening will be securely kept and sealed. The officer whose duty is to open
   them will decide when the specified time has arrived, and no bid received
   thereafter will be considered. Bidders are cautioned that, while telegraphic
   modifications of bids may be received as provided above, such modifications, if

                                        7
   not explicit and if any sense subject to misinterpretation shall make the bid so
   modified or amended, subject to rejection.
S. OPENING OF BIDS. At the time and place fixed for the opening of bids, the
   City will cause to be opened and publicly read aloud every bid received within
   the time set for receiving bids, irrespective of any irregularities.
T. WITHDRAWAL OF BIDS. Bids may be withdrawn on written or telegraphic
   request dispatched by the bidder in time for delivery in the normal course of
   business to the time fixed for opening; provided, that written confirmation of any
   telegraphic withdrawn over the signature of the bidder is received by the City
   before the time set for the bid opening, The bid guaranty of any bidder
   withdrawing his/her bid in accordance with the foregoing conditions will be
   returned promptly, therein.
U. AWARD OF CONTRACT; REJECTION OF BIDS. The contract will be awarded
   to the lowest responsible bidder. The bidder to whom the award is made will be
   notified at the earliest possible date. The City, however. reserves the right to
   reject any and all bids and to waive any informality in bids received
   whenever such rejection or waiver is in the city's interest. Award of the
   contract may be subject to review and approval by such County, State or
   Federal departments having jurisdiction over the project.
V. NOTICE OF AWARD; NOTICE TO PROCEED. The successful bidder, when
   selected, will be notified by telephone, e-mail, or letter, and within ten (10)
   calendar days after notice of award of the contract, shall execute the contract
   and furnish and deliver to the City Purchasing Agent performance and payment
   bonds and acceptable certificates of insurance as required by the contract.
   Both copies of the bid form will be dated, signed on behalf of the City and one
   fully executed copy will be returned to the successful bidder.
W. SUBCONTRACTORS. If the bidder intends to use subcontractors, the bidder
   shall indicate the subcontractor's name, address, municipality, state, ZIP and
   telephone number and building trade for each subcontractor. The contractor
   shall not execute an agreement with any subcontractor or permit any
   subcontractor to perform any work included in this contract until he/she has
   submitted a non-collusion affidavit for the subcontractor on the form provided
   herein and has received written approval of such subcontractor from the City.
   The contractor shall be fully responsible to the City for the acts and omissions
   of his/her subcontractors, and of persons either directly or indirectly employed
   by the entity. Nothing contained in the contract shall create any contractual
   relation between any subcontractor and the City.
X. WARRANTY AND RELEASE OF LIENS. Upon satisfactory completion of the
   project the contractor is to complete "Warranty Work Completed" and "Release
   of Liens" forms.
Y. BID DOCUMENT CHECKLIST. Pursuant to NJSA 40A:ll-23.l, the bid document
   checklist must be completed and submitted with your bid.



                                        8
END OF GENERAL INSTRUCTIONS SECTION




                 9
                                            BID PRICE FORMS
                            USTs AND SOILS REMOVAL AT THE LEE PLACE SITE


Instructions:       Fill in all sections using ink or typewriter. All figures must be given in numbers and
                    word.
                    Forms which are improperly filled or which are illegible will subject the entire Bid to
                    rejection.
                    Bidder shall provide figures in Bid Summary section of Bid Form.
                    Bids submitted shall be evaluated based on the Total Bid amount. Each bidder must
                    provide costs for all Bid Items. Incomplete Bids will be subject to rejection.
                    Bids and bid prices must include all work necessary for completion of the work as
                    indicated in the project plans and specifications, including permits, fees, and
                    coordination with permitting agencies.
                    Bids are to be provided for quantity estimated as is shown below. The City of Plainfield
                    is not responsible for quantities estimated.

BID SUMMARY
After having examined the specifications to become familiar with all of the
conditions associated with the proposed work including the availability of labor and
materials, the Contractor proposes to furnish all labor, materials, and supplies and
to implement the project in accordance with the drawings and specifications at the
unit prices specified in the Price Form and the total price stated below, which is to
be considered full payment for all expenses incurred in performing the work
required.


TOTAL PRICE
The total amount of proposal (from Price Form) is:


                                                                    Dollars $
(Amount in Words)                                                   (Amount in Numbers)




                                                      10
CONTRACT TERMS AND CONDITIONS
The terms and conditions required by the Owner for this project will be provided to the Contractor when project
is awarded.

 Address at which the Contractor can be contacted:




 Telephone number at this address or number at which Contractor can be contacted:



 Email address at which Contractor can be contacted:




 Respectfully submitted:


 Print Name                                                      Title


 Signature                                                       Date




                                                     11
                                   PRICE FORM
                  USTs AND SOILS REMOVAL AT THE LEE PLACE SITE


                                                               Estimated            Unit Rate
Task No.                        Description                     Quantity    Unit       ($)      Total Cost ($)
   1.0      Task 1 - SITE PREPARATION and MOBILIZATION
            Preliminary Activities, including preparation
            of HASP,       SESCA compliance, Site
            Preparation, Permits, Mobilization                    1         LS          (N/A)
   2.0      Task 2 - SITE DEMOLITION
            Demo and Disposal of Site Structures                  1         LS          (N/A)
            Waste Classification Laboratory Analyses              1        Sample   $
            Disposal of Surface Debris, including
            Universal and other regulated wastes                  75        Tons    $
   3.0      Task 3 – UST CLOSURES
            Closure of 1,000-gallon solvent UST                   1         EA      $
            Closure of 1,000-gallon heating oil UST               1         EA      $
            Closure of 550-gallon heating oil UST                 1         EA      $
            Disposal of tank contents, including any
            required laboratory analyses – heating oil
            USTs                                                 725       Gallon   $
            Disposal of tank contents, including any
            required laboratory analyses – solvent UST           500       Gallon   $
   4.0      EXCAVATION AND DISPOSAL of CONTAMINATED SOILS
            Excavation, staging, loading, transportation
            and disposal of contaminated soil - non
            hazardous, ID-27 wastes                              200        Tons    $
            Excavation, staging, loading, transportation
            and disposal of contaminated soil - RCRA
            hazardous wastes                                     100        Tons    $
            Waste Classification       –      Sampling   and
            Laboratory Analyses                                   3        Sample   $
   5.0      SITE RESTORATION
            Acquire, place and compact backfill;                 400        Tons    $
            Topsoil placement and seeding; fencing
            restoration                                          5,000      SF      $
            Demobilization/ Final Cleanup                         1         LS          (N/A)
                  Contingency for Unforeseen Conditions           1         LS          (N/A)     $10,000
Total Estimated Cost – Lee Place Property
Include contingency in Total.




                                                         12
                              City of Plainfield
                        BID DOCUMENT CHECKLIST*


                                                                      Initial each
Required                                                            required entry
by owner
                        Submission Requirement                     and if required
                                                                   submit the item
          Stockholder Disclosure Certification
                                                                   
          Non-Collusion Affidavit
                                                                   
          Bid Proposal Form
                                                                   
          References, provided by bidder
                                                                  
         Status of Present Contracts, provided by bidder

                                                                  
         Receipt Of Addendum
    
                                                                   
          Equipment Certification
           Bid Guarantee                                           
   
           (with Power of Attorney for full amount of Bid Bond)
                                                                   
          Public Works Contractor Certificate
           Consent of Surety                                       
   
           (with Power of Attorney for full amount of Bid Price)
                                                                   
          Mandatory Affirmative Action Language
                                                                   
          Prevailing Wage
                                                                   
          Americans with Disabilities Act of 1990 Language
                                                                   
         Proof of Business Registration
                                                                   
         Pay To Play Disclosure




                                     13
City of Plainfield
                                     NON-COLLUSION AFFIDAVIT

State of New Jersey
County of _________________                               ss:


I,  ________________________________ residing in ___________________________________
                       (name                                of                    affiant)
(name of municipality)
In the County of _______________________________ and State of _____________________of full
age, being duly sworn according to law on my oath depose and say that:

I am _____________________________________ of the firm of _________________________
                     (title or position)                                          (name                 of
firm)

_____________________________________ the bidder making this Proposal for the bid

entitled ______________________________, and that I executed the said proposal with
                    (title of bid proposal)
full authority to do so that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in
connection with the above named project; and that all statements contained in said proposal and in this
affidavit are true and correct, and made with full knowledge that the ______________
_________________________relies upon the truth of the statements contained in said Proposal
        (name of contracting unit)
and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such
contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent
fee, except bona fide employees or bona fide established commercial or selling agencies maintained by
_________________________________________________.

Subscribed and sworn to

before me this day                              _____________________________
                                                         Signature
________________ , 2__________                  ___________________________________
                                         (Type or print name of affiant under signature)
_____________________________
Notary public of

My Commission expires _______________

(Seal)




                                                   14
           STOCKHOLDER DISCLOSURE CERTIFICATION
_______   I certify that the list below Contains the names and
          home addresses of all stockholders holding 10% or more
          of the issued and outstanding stock of the undersigned.
                                 OR
          I certify that no one stockholder owns 10% or more of
          the issued and outstanding stock of the undersigned.

Indicate the type of business organization:

    Partnership _          Corporation _       Sole Proprietorship

_____Limited Partnership               Limited Liability Corporation
    Subchapter S Corporation


                             Stockholders

Name:                                  Name:

Home Address:                          Home Address:




Name:                                  Name:

Home Address:                          Home Address:




        THIS STATEMENT MUST BE INCLUDED WITH BID SUBMISSION

Subscribed and sworn before me
this     day of          ,2010                      (Affiant)

(Notary Public)___________
                                                   (Print Name & Title
                                                    Affiant)

My Commission expires:                      (Corporate Seal)


                                  15
AMERICANS WITH DISABILITIES ACT OF 1990 - Compliance
Agreement
                       Equal Opportunity for Individuals with Disability
The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the
Americans With Disabilities Act of 1990 (the ―ACT‖) (42 U.S.C. 512101 et seq.), which prohibits
discrimination on the basis of disability by public entities in all services, programs, and activities
provided or made available by public entities, and the rules and regulations promulgated
pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on
behalf of the OWNER pursuant to this contract, the CONTRACTOR agrees that the
performance shall be in strict compliance with the Act. In the event that the contractor, its
agents, servants, employees, or subcontractors violate or are alleged to have violated the Act
during the performance of this contract, the CONTRACTOR shall defend the OWNER in any
action or administrative proceeding commenced pursuant to this Act. The Contractor shall
indemnify, protect, and save harmless the OWNER, its agents, servants, and employees from
and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature
arising out of or claimed to arise out of the alleged violation.
The CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges for
legal services and other expenses arising from such action or administrative proceeding or
incurred in connection therewith. In any and all complaints brought pursuant to the OWNER
grievance procedure, the CONTRACTOR agrees to abide by a decision of the OWNER which is
rendered pursuant to said grievance procedure. If any action or administrative proceeding
results in an award of damages against the OWNER or if the OWNER incurs any expense to
cure a violation of the ADA which has been brought pursuant to its grievance procedure, the
CONTRACTOR shall satisfy and discharge same at its own expense.
The OWNER shall, as soon as practicable after a claim has been made against it, give written
notice thereof to the CONTRACTOR along with full and complete particulars of the claim. If any
action or administrative proceedings is brought against the OWNER or any of its agents,
servants, and employees, the OWNER shall expeditiously forward or have forwarded to the
CONTRACTOR every demand, complaint, notice, summons, pleading, or other process
received by the OWNER or its representatives.
It is expressly agreed and understood that any approval by the OWNER of the services
provided by the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of
the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the
OWNER pursuant to this paragraph.
It is further agreed that the OWNER assumes no obligation to indemnify or save harmless the
CONTRACTOR, its agents, servants, employees and subcontractors for any claim which may
arise out of their performance of this Agreement. Furthermore, the CONTRACTOR expressly
understands and agrees that the provisions of this indemnification clause shall in no way limit
the CONTRACTOR’S obligations assumed in this Agreement, nor shall they be construed to
relieve the CONTRACTOR from any liability, nor preclude the OWNER from taking any other
actions available to it under any other provisions of the Agreement or otherwise at law.

AMERICANS WITH DISABILITIES ACT
                                                                COMPANY NAME

DATE:
                                                                   SIGNATURE


                                                 16
            ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA


The undersigned Bidder hereby acknowledges receipt of the following Addenda:


Addendum Number                                    Dated




 Acknowledged for:
                                 (Name of Bidder)

      By:
           (Signature of Authorized Representative)

   Name:


 Title:




                                        17
                              CONSENT OF SURETY

A performance bond will be required from the successful bidder on this project, and
consequently, all bidders shall submit, with their bid, a certificate in substantially the
following form:

TO: ___________________________________________________________
     (OWNER)

Re: ___________________________________________________________
    (CONTRACTOR)

     ___________________________________________________________
     (PROJECT DESCRIPTION)


This is to certify that the
                                                  (SURETY COMPANY)

will provide to                                   a performance
                          (CONTRACTOR)
bond in the full amount of awarded contract in the event that
said contractor is awarded a contract for the above project.




                                     (Authorized Agent of Surety Company)



CERTIFICATE OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT
OR REPRESENTATIVE OF A SURETY COMPANY AND NOT BY THE INDIVIDUAL
OR COMPANY SUBMITTING THE BID.




                                           18
                AFFIRMATIVE ACTION COMPLIANCE NOTICE
                           P.L. 1975, C. 127 (N.J.A.C. 17:27)


If awarded a contract, all procurement and service contractors will be required to comply with
the requirements of P.L.1975, C.l27, (N.J.A.C. 17:27). Within seven (7) days after receipt of the
notification of intent to award the contract or receipt of the contract, whichever is sooner, the
contractor should present one of the following to the Purchasing Agent:

       1. A photocopy of a valid letter from the U.S. Department of Labor that the contractor
          has an existing federally approved or sanctioned Affirmative Action Plan -(good for
          one year from the date of the letter).

                                           OR
       2. A photocopy of approved Certificate of Employee Information Report, issued in
          accordance with N.J.A.C 17:27-4.

                                            OR
       3. An Affirmative Action Employee Information Report (Form AA302, issued in
          accordance with N.J.A.C 17:27-4.)

NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE
ACTION REGULATIONS OF P.L.1975, C.127.




The undersigned contractor certifies that he is aware of the commitment to comply with the
requirements of P.L.1975, c.127 and N.J.A.C 17:27 and agrees to furnish the required
documentation pursuant to the law.



COMPANY:_____________________ SIGNATURE: __________                     _______


PRINT NAME:_____________________ TITLE: __________                    _______

Note: A contractor’s bid must be rejected as non-responsive if a contractor fails to comply with
requirements of P.L. 1975, c.127, within the time frame.




                                               19
MANDATORY AFFIRMATIVE ACTION LANGUAGE CONSTRUCTION CONTRACTS
                       N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
                                            EXHIBIT B
During the performance of this contract, the contractor agrees as follows:
       a. The contractor or subcontractor, where applicable, will not discriminate against any
       employee or applicant for employment because of age, race, creed, color, national
       origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will
       take affirmative action to ensure that such applicants are recruited and employed, and
       that employees are treated during employment without regard to their age, race, creed,
       color, national origin, ancestry, marital status, sex, affectional or sexual orientation. 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 form of compensation; and selection for training, including apprenticeship. The
       contractor agrees to post in conspicuous places, available to employees and applicants
       for employment, notices to be provided by the Public Agency Compliance Officer setting
       forth provisions of this non-discrimination clause.
       b. The contractor or subcontractor, where applicable will, in all solicitations or
       advertisements for employees placed by or on behalf of the contractor, state that all
       qualified applicants will receive consideration for employment without regard to age,
       race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual
       orientation.
       c. The contractor or subcontractor, where applicable, will send to each labor union or
       representative of workers with which it has a collective bargaining agreement or other
       contract or understanding, a notice, to be provided by the agency contracting officer,
       advising the labor union or workers representative of the contractor’s commitments
       under this act and shall post copies of the notice in conspicuous places available to
       employees and applicants for employment.
       d. The contractor or subcontractor, where applicable, agrees to comply with any
       Regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as
       amended and supplemented from time to time.
       e. When hiring or scheduling workers in each construction trade, the contractor or
       subcontractor agrees to attempt in good faith to employ minority and female workers in
       each construction trade consistent with the applicable employment goal prescribed be
       section N.J.A.C. 17:27-7.3 provided, however, that the Division may, in its discretion,
       exempt a contractor or subcontractor from compliance with the good faith procedures
       prescribed by the following provisions A, B, and C, as long as the Division is satisfied
       that the contractor is employing workers provided by a union which provides evidence, in
       accordance with standards prescribed by the Division, that its percentage of active ―card
       carrying‖ members who are minority and female workers is equal to or greater than the
       applicable employment goal prescribed by section N.J.A.C. 17:27-7.3 of the Regulations
       promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and
       supplemented from time to time.




                                                20
The contractor or subcontractor agrees that a good faith effort shall include compliance with the
following procedures:


(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a
construction trade, the contractor or subcontractor shall, within three (3) days of the contract
award, seek assurances from the union that it will cooperate with the contractor or subcontractor
as it fulfills its affirmative action obligations under this contract and in accordance with the
Regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. Seq., as it is
supplemented and amended from time to time. If the contractor or subcontractor, is unable to
obtain said assurances from the construction trade union at least five (5) days prior to the
commencement of construction work, the contractor or subcontractor agrees directly to attempt
to hire minority and female workers consistent with the applicable employment goal. If the
contractor’s or subcontractor’s prior experience with a construction trade union, regardless of
whether the union has provided said assurances indicates a significant possibility that the trade
union will not refer sufficiently minority and female workers consistent with the applicable
employment goal, the contractor or subcontractor agrees to be prepared directly to hire minority
and female workers consistent with the applicable employment goal by complying with the
following hiring procedures prescribed under (B) below; and the contractor or subcontractor
further agrees immediately to take said action if it determines or is so notified by the Division
that the union is not referring minority and female workers consistent with the applicable
employment goal.


(B) If the hiring of a workforce consistent with the employment goal has not or cannot be
achieved for each construction trade, by adhering to the procedures of the preceding provisions
(A) above, or if the contractor or subcontractor does not have a referral agreement or
arrangement with a union for a construction trade, the contractor or subcontractor agrees to
take the following actions consistent with the applicable county employment goal:


        (1) To notify the public Agency Compliance Officer, the Division, and minority and
       women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its
       manpower needs, and request the referral of minority workers and female workers;
        (2) To notify any minority and female workers who have been listed with it as awaiting
       available vacancies;
        (3) Prior to commencement of work, to request the local construction trade union, if the
       contractor or subcontractor has a referral agreement or arrangement with a union or the
       construction trade to refer minority and female workers to fill job openings;
        (4) To leave standing requests for additional referral of minority and female workers
       with the local construction trade union if the contractor or subcontractor has a referral
       agreement or arrangement with a union for the construction trade, the State Training and
       Employment Service and the other approved referral sources until such time as the
       workforce is consistent with the employment goal;
        (5) If it is necessary to lay off some of the workers in a given trade on the construction
       site, to assure, consistent with the applicable State and Federal statutes and court
       decisions, that sufficient minority and female employees remain on the site consistent
       with the employment goal; and to employ any minority and female workers so laid off by
       the contractor on any other construction site in the area on which its workforce

                                               21
       composition is not consistent with an employment goal established pursuant to rules
       implementing N.J.S.A. 10:5-31 et.seq.;
        (6) To adhere to the following procedure when minority and female workers apply or
       are referred to the contractors or subcontractor:


                a. If said individuals have never previously received any document or
                   certification signifying a level or qualifications of such individuals and if the
                   contractor’s or subcontractor’s workforce in each construction trade is not
                   consistent with the applicable employment goal, it shall employ such
                   persons which satisfy appropriate qualification standards; provided,
                   however, that a contractor or subcontractor shall determine that the
                   individual at least possesses the skills and experience recognized by any
                   worker’s skills and experience classification determination which may have
                   been made by a Public Agency compliance officer, union, apprentice
                   program or a referral agency, provided the referral agency is acceptable to
                   the Affirmative Action Office and provided further, that if necessary, the
                   contractor or subcontractor shall hire minority and female workers who
                   qualify as trainees pursuant to these Regulations. All of the requirements of
                   this paragraph, however, are limited by the provisions of paragraph (C)
                   below.
                b. If the contractor’s or subcontractor’s workforce is consistent with the
                   applicable employment goal, the name of said female or minority group
                   individual shall be maintained on a waiting list for the first consideration in
                   the event the contractor’s or subcontractor’s workforce is no longer
                   consistent with the applicable employment goal.
                c. If for any reason said contractor or subcontractor determines that a minority
                   individual or female qualifies, is not qualified, or if the individual qualifies as
                   an advanced trainee or apprentice, said contractor or subcontractor shall
                   inform the individual in writing with the reasons for the determination,
                   maintain a copy in its files, and send a copy to the Public Agency
                   compliance Officer and the Division.
                d. To keep a complete and accurate record of all requests made for the referral
                   of workers in any trade covered by the contract and on forms made available
                   by the Division and shall be submitted promptly to that Division upon
                   request.


(C) The contractor or subcontractor agrees that nothing contained in the preceding provision (B)
shall preclude the contractor or subcontractor from complying with the hiring hall or
apprenticeship provisions of any applicable collective bargaining agreement or hiring hall
agreement, and, where required by custom or agreement, it shall send journey workers and
trainees to the union for referral, or to the apprenticeship program for admission, pursuant to
such agreement or arrangement; provided, however, that where the practices of a union or
apprenticeship program will result in the exclusion of minority and females or the failure to refer
minorities or females consistent with the county employment goal, the contractor or
subcontractor shall consider for employment persons referred pursuant to said provisions (B)
without regard to such agreement or arrangement; provided further, however, that the contractor
or subcontractor shall not be required to employ female and minority advanced trainees and

                                                22
trainees in numbers which result in the employment of advanced trainees as a percentage of
the total workforce for the construction trade, which percentage significantly exceeds the
apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or
in the absence of a collective bargaining agreement, exceeds the ratio established by practice in
the area for said construction trade. Also the contractor or subcontractor agrees that, in
implementing the procedures of the preceding provision (B), it shall, where applicable, employ
minority and female workers residing within the geographical jurisdiction of the union.
After notification of award, but prior to signing a construction contract, the contractor shall
submit to the public agency compliance officer and the Division an initial project workforce
report (Form AA 201) provided to the public agency by the Division for distribution to and
completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees
to submit a copy of the Monthly Project Workforce Report once a month thereafter for the
duration of this contract to the Division and to the public agency compliance officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as
is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities
and women.
(D) The contractor and its subcontractors shall furnish such reports or other documents to the
Division of Contract Compliance & EEO as may be requested by the Division from time to time
in order to carry out the purposes of these regulations, and public agencies shall furnish such
information as may be requested by the Division of contract compliance & EEO for conducting a
compliance investigation pursuant to Subchapter 10 of the Administrative Code (N.J.A.C.
17:27)




DATE:
                                                                 SIGNATURE


                                                              COMPANY NAME




                                               23
                       BIDDER REFERENCES FORM


GENERAL BUSINESS REFERENCES: (From Trade)

REFERENCE NO. 1

Name, Address and Tel. No._______________________________________________

_____________________________________________________________________

Nature of Business___________________________________________________



REFERENCE NO. 2

Name, Address and Tel. No._______________________________________________

_____________________________________________________________________

Nature of Business___________________________________________________



REFERENCE NO. 3

Name, Address and Tel. No._______________________________________________

_____________________________________________________________________

Nature of Business___________________________________________________




                                   24
                            CONTRACTS ON HAND

  Project Description                             Contract Amount        Expected Date of
                                                                           Completion
A. List all major works under execution at the present time and the expected duration of the
   Contract:


  A1. ____________________________________ $ _____________ ______________


  A2. ____________________________________ $ _____________ ______________


  A3. ____________________________________ $ _____________ ______________


  A4. ____________________________________ $ _____________ ______________


  A5. ____________________________________ $ _____________ ______________




    B. List all projects that have not commenced but the Intent has been submitted:


  B1. ____________________________________ $ _____________ ______________


  B2. ____________________________________ $ _____________ ______________


  B3. ____________________________________ $ _____________ ______________


  B4. ____________________________________ $ _____________ ______________


  B5. ____________________________________ $ _____________ ______________




                                          25
                                        BID SECURITY

The following provisions if indicated by an (X), shall be applicable to this bid and be made a part
of the bidding documents:


 A. BID GUARANTEE

Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of
ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to
the OWNER. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of
Bid Bond from a surety company authorized to do business in the State of New Jersey and
acceptable to the OWNER. The check or bond of the unsuccessful bidder(s) shall be returned
as prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be
retained until a contract is executed and the required performance bond or other security is
submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to
enter into a contract pursuant to N.J.S.A. 40A:ll—21. Failure to submit this shall be cause for
rejection of the bid.

 B. CONSENT OF SURETY

Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full
amount of bid price from a Surety Company authorized to do business in the State of New
Jersey and acceptable to the OWNER stating that it will provide said bidder with a Performance
Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the
bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an
acceptable surety company on behalf of said bidder, any or all subcontractors or by each
respective subcontractor or by any combination thereof which results in performance security
equal to the total amount of the contract, pursuant to N.J.S.A. 40A:ll-22.

Failure to submit this shall be cause for rejection of the bid.

 C. PERFORMANCE BOND

Successful bidder shall, simultaneously with the delivery of the executed contract, submit an
executed bond in the amount of one hundred percent (100%) of the acceptable bid as security
for the faithful performance of this contract.

Failure to deliver this with the executed contract shall be cause for declaring the contract null
and void.

 D. LABOR AND MATERIAL (PAYMENT) BOND

Successful bidder shall, with the delivery of the performance bond, submit an executed payment
bond to guarantee payment to laborers and suppliers for the labor and material used in the work
performed under the contract.
Failure to deliver this with the performance bond shall be cause for declaring the contract null
and void.

 E. MAINTENANCE BOND

                                                 26
Successful bidder shall upon acceptance of the work submit a maintenance bond in the amount
of 100% guaranteeing against defective quality of work or materials for the period of:

      1 year
       2 years

The performance bond provided shall not be released until final acceptance of the whole work
and then only if any liens or claims have been satisfied and any maintenance bonds required
have been executed and approved by the OWNER.

The surety on such bond or bonds shall be a duly authorized surety company authorized to do
business in the State of New Jersey N.J.S.A. 17:31—5.




                                            27
                                           BID BOND



KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal and

__________________as Surety, duly authorized to transact business in the State of New Jersey, are

hereby held and firmly bound unto the City of Plainfield as Owner in the penal sum of _____________

for payment of which, well and truly to be made, we hereby jointly and severally, bind ourselves, our

heirs, executors, administrators, successors, and assigns.




THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the Principal

has submitted to the City of Plainfield a certain Bid, attached hereto and hereby made

a      part      hereof,         to    enter       into      a    contract        in     writing      for:

___________________________________________________________________


NOW, THEREFORE, the conditions of this obligation are such, that:


(a) If the bid is rejected, or


(b) If said Bid shall be accepted, the Principal shall execute and deliver a contract for the completion of
    said work IN THE FORM OF CONTRACT required by the Specifications (properly completed in
    accordance with said Bid) and shall furnish a good and sufficient bond for the faithful performance
    of said contract, and for the payment of all persons performing labor or furnishing materials in
    connection therewith, and in all other respects perform the agreement created by the acceptance of
    said Bid;


Then this obligation shall be void, otherwise the same shall remain in force and effect. It is expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event
exceed the penal amount of the obligation as herein stated.


The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bonds shall be in no way impaired or affected by any extension of the time within which the Owner may
accept such Bid, and said Surety does hereby waive notice of any such extension.


                                                     28
IN WITNESS WHEREOF, THE PRINCIPAL AND THE SURETY HAVE HEREUNTO
SET THEIR HANDS AND SEALS, AND SUCH OF THEM AS ARE CORPORATIONS
HAVE CAUSED THEIR CORPORATE SEALS TO BE HERETO AFFIXED AND THESE
PRESENTS TO BE SIGNED BY THEIR PROPER OFFICERS, THE DAY AND YEAR
FIRST SET FORTH BELOW.

Signed this __________ day of _______________ , _______ .


_____________________________________                    By: _____________________
PRINCIPAL
                                                               _____________________
                                                           (Title)

_____________________________________                     By: _____________________
SURETY
                                                               _____________________
                                                           (Title)




*Note: To be accompanied by proof of authority of officers of Surety Company to execute same.



**Note: The above form must be completed by your Insurance Company and submitted with your
bid. By doing this you reduce the risk of your bid being rejected for having submitted a Bid Bond
which contains incorrect and unsatisfactory language.




                                                 29
                       INSURANCE AND INDEMNIFICATION
A. Insurance Requirements

1. Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in force during the life of this contract by the bidder covering
all employees engaged in performance of this contract in accordance with the applicable
statute. Minimum Employer’s Liability $500,000.

2. General Liability Insurance
This insurance shall have limits of not less than $1,000,000 combined single limit and
$2,000,000 aggregate, and shall be maintained in force during the life of this contract by the
bidder.

3. Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired and non—owned vehicles
with limits of not less than $1,000,000. Limit shall be maintained in force during the life of this
contract by the bidder.

B. Certificates of the Required Insurance
Certificates as listed above shall be submitted along with the contract as evidence covering
Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable,
necessary Worker’s Compensation and Employer’s Liability
Insurance. Such coverage shall be with acceptable insurance companies operating on an
admitted basis in the State of New Jersey and shall name the OWNER and the U.S.
Environmental Protection Agency (EPA) as an additional insured.

C. Indemnification
Successful bidder will indemnify and hold harmless the OWNER and the EPA from all claims,
suits or actions and damages or costs of every name and description, to which the OWNER or
EPA may be subjected or put by reason of injury to the person or property of another, or the
property of the OWNER, resulting from negligent acts or omissions on the part of the bidder, the
bidder’s agents, servants or subcontractors in the delivery of materials and supplies, or in the
performance of the work under this agreement.




                                                30
                               PROJECT SCOPE
1.1 Project Description
    The work tasks described in this Section (the Project) include UST closure and
    soil remediation activities at the property located at 208-222 Lee Place in the City
    of Plainfield, Union County, NJ (the Site). The site is a brownfields property, i.e.,
    an unused property with former industrial usage that the City of Plainfield (the
    City) seeks to redevelop upon completion of investigation and remediation of
    environmental issues. Environmental media at the site have been contaminated
    by hazardous substances and co-mingled petroleum contaminants, resulting
    from historical industrial operations. The objectives of the Project are to perform
    remedial actions at the site, the results of which will support the City’s intended
    future request to the New Jersey Department of Environmental Projection
    (NJDEP) for a determination of No Further Action, so that the site may be
    redeveloped for affordable housing uses.
    For the purposes of planning and executing this Project, the bidder/contractor
    should consider the site a hazardous waste site, as such term is used by Federal
    OSHA regulations. The contractor shall comply with State and Federal
    regulations relating to safety planning and practices, worker training, etc., for
    hazardous waste operations.
    The U.S. Environmental Protection Agency (USEPA) has awarded a Brownfields
    Cleanup Grant for the Site to the City, pursuant to the American Recovery and
    Revitalization Act (ARRA). The City intends to use monies from this grant to fund
    the Project. The City and the USEPA have executed a Cooperative Agreement
    which specifies the terms of use of USEPA funds; the terms and conditions of the
    Cooperative Agreement are provided in Appendix 2.                The Cooperative
    Agreement, the USEPA regulations pertaining to brownfields, and the various
    City contract requirements are explicitly included in this solicitation and in any
    resulting contract.

1.2 Site Description and History
    The City is the owner of the Site, which is currently vacant and unused. The Site
    is approximately 0.47 acres in size, rectangular in shape, with approximately 170
    feet frontage along Lee Place. The site is designated Block 120, Lot 3.01. The
    site is generally flat and is partially grass covered. No structures exist at the site,
    but remnants of the foundation and concrete slab floor of a former commercial
    building remain near the center of the property.
    Until 2004, the site was divided into three tax lots: Lot 3, the westernmost lot; Lot
    4, in the center; and Lot 5 to the east. A commercial dry cleaning facility
    (Mignella Cleaners) operated on Lot 4 from approximately 1947 through the
    1990s. Lots 3 and 5 were improved with residences. The City acquired the lots
    in 1999 and 2003, and cleared the property of the vacant and deteriorated former
    commercial and residential structures. The concrete slab foundations of the
    commercial buildings remain. The City consolidated the site into a single lot in

                                          31
2004.
The City entered into a Memorandum of Agreement with the NJDEP in 2001, and
began the Site Remediation process in accordance with NJDEP’s site
remediation regulations (the ―Tech Rules‖); the remediation process remains
under NJDEP oversight. The City has performed assessment and investigation
of site environmental conditions, beginning in 2002. The Phase 1 Environmental
Site Assessment identified numerous areas of concern (AOCs) at the site,
including:
        two USTs, which had formerly contained petroleum and solvent,
        respectively;
        areas of surface spills of suspected hazardous materials;
        historic fill materials; and
        other potential sources of contamination.
The results of the Phase II ESA indicated that perchloroethylene (PCE) was
found in soils in the vicinity of the former solvent UST and in various other areas
of the site, at concentrations above the NJDEP cleanup standards. PCE was
also found in each of the four groundwater sample locations, at concentrations
above applicable NJDEP groundwater quality standards.                Various other
compounds, including metals (lead, arsenic, and others); pesticides (DDT and
others);    and      semi-volatile      organic   compounds      (SVOCs;      bis(2-
ethylhexyl)phthalate and others) were found comingled with PCE in soil.
The presence of a suspected third UST has been recently identified by
geophysical survey at the site. This suspected UST is presumed, based on its
location to have previously stored heating oil for a residence, and to be 1,000
gallons or less in size.
The results of this work indicate that closure and removal of the three USTs, and
remedial excavation of contaminated soils in the immediate vicinity of the USTs,
and other selected areas of the Site are required remedial actions.
Three groundwater monitoring wells have been installed at the Site.
Groundwater is observed in the wells at depths of approximately 25 feet below
grade. PCE and other regulated substances have been detected in groundwater
samples. Supplemental groundwater RI activities are currently being completed.

                        Summary of Scope of Work
The general scope of work associated with the Project includes the following
tasks, as described in further detail in this section and in the Technical
Specification sections:
   1. Preliminary activities including securing of permits, notifications to
      municipal officials and utility companies/utility one-call service,
      preparation of site signage, Site-specific Health and Safety Plan
      (HASP), contractor mobilization, implementation of soil erosion
      measures, etc.

                                       32
   2. Demolition and removal of the concrete slab remaining from the
      former site buildings, and offsite disposal of demolition debris.
   3. Closure of the three USTs, including sampling, waste characterization
      and offsite disposal of tank contents; excavation and offsite disposal
      of the tanks and appurtenant piping and equipment, all in accordance
      with applicable regulatory requirements.
   4. Excavation and offsite disposal of contaminated soil, at the direction of
      the Site Engineer (which will be a third party, retained by the City).
   5. Restoration of the Site work areas, including acquisition and
      placement of backfill in the tank excavations and any other areas of
      excavation. The task further includes the placement of topsoil,
      fertilizing, and reseeding of the site, and installation of permanent
      fencing.

                              Project Tasks
The work for the tasks outlined in the following subsections shall be performed as
outlined in these subsections, and in accordance with the Technical
Specifications and project drawings supplied with this bid request.
                Task 1 – Site Preparation and Mobilization
 This task will include the preliminary activities to be completed prior to
 commencement of onsite work. The contractor shall perform these activities in
 accordance with the provisions of this section and in accordance with the
 Technical Specifications – Section 1100. The Contractor shall secure any
 permits needed for the project, including (but not limited to)
 construction/demolition permits from the City of Plainfield. Before onsite
 activities are commenced, the Contractor shall provide any required
 notifications to municipal, State or Federal agencies, and to the New Jersey
 One-Call utility notification system. The Contractor shall prepare and erect site
 signage, as specified by the Technical Specifications, Section 01100. In
 addition, prior to mobilization to the site, the contractor shall prepare a Site-
 specific Health and Safety Plan (HASP) in accordance with applicable OSHA
 regulations.
 The contractor will then mobilize the contractor's forces and equipment
 necessary for performing the work required under the Contract. The contractor
 will construct or install silt fencing and other measures as necessary to comply
 with New Jersey regulations pursuant to the Soil Erosion and Sediment Control
 Act, including the specifications of a Soil Erosion and Sedimentation Control
 (SESC) Plan, if an SESC Plan is required for the site and provided to the
 Contractor by the City’s Site Engineer (a third party engineering firm).
                        Task 2 – Site Demolition
 For the purpose of providing access to USTs and contaminated soils, and
 inspection and testing of potentially contaminated soils, the contractor shall

                                    33
demolish and remove the concrete slabs/ foundations of the former site
buildings. The locations of the concrete slabs are indicated on the Site Plan.
Prior to the building slab removal, the Contractor will prepare the building slab,
in broom-swept condition for the inspection of the Site Engineer. The Site
Engineer will inspect the building slabs for the purpose of identifying floor drains
and other slab penetrations, and noting the condition of the concrete. The Site
Engineer will then be on site to observe the slab removal by the Contractor.
The Site Engineer will observe removal of floor drain systems and direct the
Contractor in tracing of all floor drains to determine associated discharge points.
This task shall include the disconnection and proper capping of all building
utilities. Foundations, footings and utilities and all other appurtenances shall be
removed to 3 feet below the existing ground surface. All sumps, floor drains,
utilities, and/or other subsurface appurtenances that may exist beneath the
floors shall be removed. All utilities and/or other foundation wall penetrations
and/or utilities underneath floors shall be plugged. as described in the Technical
Specifications, including Section 201. All pipe systems and drains that are
discovered shall be removed in coordination with the Site Engineer.
This task shall include the removal and proper disposal of miscellaneous solid
wastes and debris on the property surface. Some of these wastes and debris
include fluorescent lamps and other materials that may be regulated as
Universal Wastes or under other regulated waste categories.
The contractor shall provide for the loading, transport, and proper disposal or
recycling of demolition debris, in each case by appropriately licensed firms or
facilities. The contractor shall provide any testing or analyses of the demolition
debris required for disposal or recycling. The locations and manner of onsite
staging of demolition debris pending offsite disposal shall be coordinated with
the Site Engineer. To the extent practicable, all staging areas will be located on
the central of the three lots.
Any sidewalks and curbing bordering the sites on all sides are to remain.
This task shall be performed in compliance with the applicable NJDEP
standards and guidance including Guidance for Characterization of Concrete
and Clean Material Certification for Recycling (January, 2010) and applicable
Technical Specifications provide in this invitation to bid, including Section 201.
                         Task 3 – UST Closures
The contractor shall perform closure of the three USTs on the site. UST closure
activities shall include emptying of the tanks and proper disposal of the
contents; exposing and excavating the tanks and appurtenances; dismantling,
as needed, of the tanks and transport to an appropriately licensed disposal or
recycling facility. This task shall be performed in compliance with the NJDEP
Underground Storage Tank Rules (N.J.A.C. 7:14B), the requirements for UST
closure (7:26E-2.1, 7:26E-6.3), and other applicable NJDEP guidance,
applicable guidance published by American Petroleum Institute (API), and
applicable Technical Specifications provided in this invitation to bid, including

                                    34
The locations of the tanks are shown on the Site Plan and they are described
as follows.
  UST No. 1 is estimated to be a 1,000-gallon steel tank, formerly used to
  store heating oil. This UST is assumed to classified as unregulated by
  NJDEP and Federal regulations.
  UST No. 2 was formerly used to store dry cleaning solvent. For the
  purposes of preparing a cost estimate, assume that the tank is 1,000
  gallons in size, and regulated. The NJDEP requirements for licensed
  supervisory personnel (e.g., Licensed Site Remediation Professional), will
  be fulfilled by the Site Engineer.
  UST No. 3 is estimated to be a 550-gallon (or smaller) steel tank. Its
  former contents are unknown. For the purposes of preparing a cost
  estimate, assume that the UST formerly contained heating oil.
The volume and composition of the current contents of the USTs is unknown.
For purposes of responding to this bid, assume that waste liquids and/or
sludges are recovered from each UST, in the amount of one-half the volume of
each UST.      Further, assume that the materials recovered from UST No. 2
contain PCE and are classified as a listed RCRA-hazardous waste, and that the
liquids and sludges recovered from the USTs Nos. 1 and 3 are RCRA non-
hazardous wastes containing petroleum and water.
The contractor shall supply copies of documentation of proper disposal of tank
contents and the tanks to the Site Engineer.
     Task 4 – Excavation and offsite disposal of contaminated soil
This task shall include the excavation, staging, testing, loading, transportation
and offsite disposal of contaminated soil, and related activities. The work shall
be performed as outlined in this subsection; in accordance with the applicable
NJDEP standards and guidance including the NJDEP’s Field Sampling
Procedures Manual (August 2005 edition); and applicable Technical
Specifications provided in this invitation to bid, including Section 00202.
Excavation of contaminated soil is anticipated within one or more of the UST
excavations; and at one or more additional areas on the site. The Site Engineer
will identify these areas and the contaminated soil to the Contractor, and direct
the extent of excavation. However, the Contractor will be responsible for
reporting gross evidence of contaminated subsurface materials, if observed
during any site activities, to the Site Engineer or Project Manager. The Site
Engineer will determine which materials shall be excavated. The Contractor will
stage the materials on site, pending disposal, unless waste classification
analyses have been completed prior to excavation; under that circumstance,
soil shall be directly loaded for disposal.
The contractor shall provide for any required waste characterization analyses of
the excavated materials, and disposal offsite at an appropriately licensed
disposal facility.


                                   35
 If directed so by the Site Engineer, the contractor will assist in the collection of
 subsurface soil samples beneath the former slabs by performing shallow
 excavations with the contractor’s equipment.         For the purposes of bid
 preparation, assume four such shallow (i.e., total depth of 5 feet or less)
 excavations are required.
 The contractor shall acquire and place certified clean fill in the UST excavations
 and other areas that were excavated, in accordance with the Technical
 Specifications, including Section 03000.
 The contractor will be compensated on a per ton basis. For purposes of
 preparing this bid, assume that a total of 300 tons of contaminated subsurface
 materials will be encountered; that 100 tons of these materials are classified as
 RCRA hazardous wastes; and that the remaining 100 tons are classified NJ
 industrial wastes (ID-27), but not as RCRA hazardous wastes.
                         Task 5 - Site Restoration
 This task will include the restoration of the site after demolition, excavation, and
 backfill work is completed, and includes placement of topsoil, fertilizing, and
 reseeding of the site, and repairs to any fencing damaged prior to or during the
 project. This task further includes the contractor’s final site cleanup and
 demobilization from the site. The Contractor shall repair or replace in a manner
 acceptable to the Project Manager any public or private property which may
 have been damaged or destroyed during the prosecution of the work. The
 Contractor shall leave the site and adjacent public and private property in a neat
 and presentable condition wherever his work operations have disturbed
 conditions existing at the start of the work. Areas designated as staging areas
 must be returned to original or better condition, subject to approval of the Site
 Engineer upon completion of work by the Contractor.
 All construction debris and excess material shall be disposed of by the
 Contractor at an NJDEP- approved recycling or landfill facility.
 These tasks shall be performed in accordance with the any applicable
 Technical Specifications, including Sections 805, 806, 808, 809, and 909.

                                 PAYMENT
Compensation to the contractor for performance of the project tasks described in
this section will be made on the basis of a combination of lump sum and unit
costs, based on the bids provided by the contractor on the Bid Price Form.




                          END OF SECTION



                                     36
        Appendix 3

DAVIS BACON ACT WAGE RATES
       DETERMINATION
                    U.S. Department of Labor Wage Determination

General Decision Number: NJ100070 03/26/2010 NJ70

Superseded General Decision Number: NJ20080070

State: New Jersey

Construction Type: Heavy

County: Union County in New Jersey.

HEAVY CONSTRUCTION PROJECTS

Modification Number        Publication Date
          0                 03/12/2010
          1                 03/19/2010
          2                 03/26/2010

 BRNJ0004-001 11/01/2009

                                     Rates          Fringes

BRICKLAYER (Cement Mason)........$ 36.70            23.47
----------------------------------------------------------------
 CARP0006-009 05/01/2009

                                     Rates          Fringes

CARPENTER (Scaffold Builder).....$ 39.45             49.75%

  The first sixty feet at the regular rate, 10% per hour
  additional for each additional fifty feet thereafter.
----------------------------------------------------------------
 CARP0006-013 05/01/2009

                                     Rates          Fringes

CARPENTER (Including Form
Work)............................$ 39.45             49.75%

  The first sixty feet at the regular rate, 10% per hour
  additional for each additional fifty feet thereafter.
----------------------------------------------------------------
 CARP0715-007 05/01/2009

                                     Rates          Fringes

  Millwright.....................$ 40.27             49.75%

  Work of erection and dismantling of elevators and towers,
  such as concrete conveyors and temporary material
  elevators, scaffolding or other structures to be used as
  scaffolding inside or outside of buildings: the first sixty
  feet at the regular rate, 10% per hour additional for each
  additional fifty feet thereafter.
----------------------------------------------------------------
 ELEC0102-026 06/01/2009

                                        A3-1
                                     Rates       Fringes

ELECTRICIAN
     Cable splicer...............$ 51.55           51.25%
     Electrician.................$ 46.86           51.25%

  Work forty ft. or more above the ground or protective rigging
  (does not apply to pole work, or to use of a man lift or
  high reach-type lift): 10% per hour additional.

  Work with, or the removal of, asbestos materials: 114% times
  the journeyman rate.
----------------------------------------------------------------
 ENGI0825-021 07/01/2009

                                     Rates       Fringes

  Power equipment operators:
     GROUP 1.....................$   42.02          22.50
     GROUP 2.....................$   40.43          22.50
     GROUP 3.....................$   38.52          22.50
     GROUP 4.....................$   36.89          22.50
     GROUP 5.....................$   35.18          22.50

Hazardous waste removal work:
  Work on a state or federally designated hazardous waste site,
  where the worker is in direct contact with hazardous
  material, and when personal protective equipment is
  required for respiratory, skin and eye protection: 20% per
  hour additional.


PAID HOLIDAYS:
  New Year's Day, Washington's Birthday observed, Memorial Day,
  Independence Day, Labor Day, Presidential Election Day,
  Veteran's Day, Thanksgiving Day and Christmas Day; provided
  1) that the worker works three of the preceding five work
  days before the holiday; or, the work day before the
  holiday and the work day after the holiday; and, 2) that
  the worker works the work day before and the work day after
  the holiday.


DEFINITION OF GROUPS:

GROUP 1:
  Backhoe, Including Backhoe Track; Boom; Concrete Paving
  Machine; Crane (all types, including overhead and straddle
  traveling type); Drill (down-the-hole drill, rotary drill,
  self-propelled hydraulic drill, self-powered drill);
  Elevating Grader; Excavator; Front End Loader (5 cu. yd.
  and over); Pile driver (length of boom, including length of
  leads, shall determine premium rate applicable)

GROUP 2:
  Backhoe Loader Combo; Concrete Pumper; Grader/Blade (Finish);
  Hoist; Hydraulic Crane, 10 Tons and under; Front End
  Loader (2 cu. yd. but less than 5 cu. yd.); Scraper; Side
  Boom

GROUP 3:
  Asphalt Spreader; Bulldozer; Compressor (2 or 3) (in Battery)
                                        A3-2
  (within 100 ft.); Crusher; Forklift; Front End Loader (1
  cu. yd. and over but less than 2 cu. yd.); Lull; Mechanic;
  Paver, Asphalt; Roller, Blacktop; Tractor;

GROUP 4:
  Broom; Compressor (Single); Farm Tractor; Front End Loader
  (under 1 cu. yd.); Roller, Grade; Pump

GROUP 5:
  Oiler
----------------------------------------------------------------
 IRON0011-012 07/01/2009

                                  Rates          Fringes

  Ironworkers:
     Reinforcing.................$ 34.34            35.60
     Structural, Ornamental......$ 37.14            35.60
----------------------------------------------------------------
 LABO0172-007 03/01/2010

                                  Rates          Fringes

  Laborers:
     Landscape Laborer, Power
     Tool Operator...............$ 30.85            20.40
     Pipe layer...................$ 31.55            20.40

Hazardous waste removal work:
  Work on a state or federally designated hazardous waste
  site, where the worker is required to wear Level A, B or C
  personal protection: $3.00 per hour additional.

  Work on a state or federally designated hazardous waste
  site, where the worker is not required to wear Level A, B,
  or C personal protection: $1.00 per hour additional.


PAID HOLIDAYS:
  New Year's Day, President's Day, Memorial Day,
  Independence Day, Labor Day, Presidential Election Day,
  Veteran's Day, Thanksgiving Day and Christmas Day; provided
  that the worker works three days for the same employer
  within a period of ten working days consisting of five
  working days before and five working days after the day
  upon which the holiday falls or is observed.
----------------------------------------------------------------
* LABO0222-013 05/01/2009

                                  Rates          Fringes

LABORER
     MASON TENDER:
     Cement/Concrete.............$ 28.55            19.42
----------------------------------------------------------------
 PAIN0711-023 05/01/2009

                                  Rates          Fringes

  Painters:
     Work on bridges (Major
     Bridges Designed for
                                     A3-3
     Commercial Navigation)......$ 46.50            19.13
----------------------------------------------------------------
 PAIN0711-024 11/01/2008

                                  Rates          Fringes

  Painters:
     New Construction
      Brush and roller...........$ 34.47            16.14
      Spray......................$ 37.92            16.14
      Steel......................$ 35.81            16.30
     Repaint work, on projects
     on which no major
     alterations occur.
      Brush and roller...........$ 26.67            13.80
      Spray......................$ 29.34            13.80
      Steel......................$ 27.74            13.93
----------------------------------------------------------------
 PLUM0475-020 11/01/2009

                                  Rates          Fringes

PIPEFITTER.......................$ 48.43            23.77
----------------------------------------------------------------
  SUNJ2004-041 01/02/2009

                                  Rates          Fringes

LABORER: Common or General......$ 26.73             13.67
----------------------------------------------------------------
 TEAM0408-003 05/01/2008

                                  Rates          Fringes

TRUCK DRIVER
     Dump Truck..................$ 33.00          12.16+a
     Off the Road Truck,
     Flatbed Truck, Pickup
     Truck, Vacuum Truck.........$ 32.85          12.16+a

  a. Employer contributes $1304.35 per month per worker for
  health and welfare.


  Hazardous waste removal work, where the worker is in direct
  contact with hazardous material, and when personal
  protective equipment is required for respiratory, skin and
  eye protection: $3.00 per hour additional.

  Hazardous waste removal work, where the worker is working in
  a hazardous waste site, in a zone requiring Level A
  personal protection for any of the workers: $3.00 per hour
  additional.

  Hazardous waste removal work, where the worker is not working
  in a zone requiring Level A, B or C personal protection:
  $1.00 per hour additional.


PAID HOLIDAYS:
  New Year's Day, President's Day, Decoration Day,
  Independence Day, Labor Day, Presidential Election Day,
                                     A3-4
  Veteran's Day, Thanksgiving Day and Christmas Day; provided
  that the worker has been assigned to work, or, "shapes",
  one day of the calendar week during which the holiday
  occurs.
----------------------------------------------------------------
 TEAM0469-009 05/01/2008

Union County (South of Wood Ave.)

                                    Rates        Fringes

  Truck drivers:
     Dump Truck..................$ 33.00           19.185
     Off the Road Truck,
     Flatbed Truck, Pickup
     Truck, Vacuum Truck.........$ 32.85           19.185

Hazardous waste removal work:
  Work on a state or federally designated hazardous waste site,
  where the worker is in direct contact with hazardous
  material, and when personal protective equipment is
  required for respiratory, skin and eye protection: $3.00
  per hour additional.

  Work on a state or federally designated hazardous waste
  site, in a zone requiring Level A personal protection for
  any workers other than the truck driver: $3.00 per hour
  additional.

  Work on a state or federally designated hazardous waste site
  where the worker is not working in a zone requiring Level
  A, B or C personal protection: $1.00 per hour additional.


PAID HOLIDAYS:
  New Year's Day, President's Day, Decoration Day, Independence
  Day, Labor Day, Presidential Election Day, Veteran's Day,
  Thanksgiving Day and Christmas Day.


VACATION PAY CREDIT:
  Workers working or receiving pay for 80 days within a year receive one week
paid vacation (48 hours); 125 days receive two weeks paid vacation (96 hours);
145 days receive 15 days paid vacation (120 hours); 15 years seniority and 145
days receive 4 weeks paid vacation (160 hours).
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing operation to which
welding is incidental.
========================================================

Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after award only as
provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)).

------------------------------------------------------------------

In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively bargained wage and
fringe benefit rates. Other designations indicate unions whose rates have
been determined to be prevailing.

                                       A3-5
------------------------------------------------------------------

                   WAGE DETERMINATION APPEALS PROCESS


1.) Has there been an initial decision in his matter? This can be:

       an existing published wage determination
       a survey underlying a wage determination
       a Wage and Hour Division letter setting forth a position on a wage
        determination matter
       a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including   requests for summaries
of surveys, should be with the Wage and Hour Regional   Office for the area in
which the survey was conducted because those Regional   Offices have
responsibility for the Davis-Bacon survey program. If   the response from this
initial contact is not satisfactory, then the process   described in 2.) and
3.) should be followed.

With regard to any other matter not yet ripe for the formal
Process described here, initial contact should be with the Branch of
Construction Wage Determinations. Write to:

       Branch of Construction Wage Determinations
       Wage and Hour Division
       U.S. Department of Labor
       200 Constitution Avenue, N.W.
       Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request review and
reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and
29 CFR Part 7). Write to:

       Wage and Hour Administrator
       U.S. Department of Labor
       200 Constitution Avenue, N.W.
       Washington, DC 20210

The request should be accompanied by a full statement of the
Interested party's position and by any information (wage payment data,
Project description, area practice material, etc.) that the requestor
Considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an
Interested party may appeal directly to the Administrative Review Board
(formerly the Wage Appeals Board). Write to:

       Administrative Review Board
       U.S. Department of Labor
       200 Constitution Avenue, N.W.
       Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.



                   END OF GENERAL DECISION


                                       A3-6
                    Appendix 4
                TECHNICAL SPECIFICATIONS


SECTION 00101   GENERAL INFORMATION
SECTION 00107   LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
SECTION 00201   CLEARING SITE AND DEMOLITION
SECTION 00202   DISPOSAL OF SOIL AND REGULATED WASTES
SECTION 00212   SOIL EROSION AND SEDIMENT CONTROL
SECTION 00614   FENCES
SECTION 00805   PREPARATION OF SOIL
SECTION 00806   TOPSOILING
SECTION 00808   FERTILIZING AND SEEDING
SECTION 00809   TOPSOIL STABILIZATION
SECTION 00909   LANDSCAPING MATERIALS
SECTION 01100   SITE PREPARATION AND MOBILIZATION
SECTION 03000   BACKFILL AND TOPSOIL
SECTION 00101 - GENERAL INFORMATION
101.1 GENERAL
     Certain technical specifications for the project are based on, and/or make
     reference to the State of New Jersey Department of Transportation (NJDOT)
     Standard Specifications (2007 Edition, unless otherwise specified). These are
     available                 on                 the           web               at:
     www.state.nj.us/transportation/eng/specs/2007/Division.shtml.  When used in
     these technical specifications, the terms State, Department, Commissioner,
     Engineer and other officials or employees of the NJDOT, or pronouns used in
     place of them, shall be construed to refer to the site Owner and its officers,
     employees and authorized representatives. The term ―Site Engineer‖ means the
     Environmental Engineers for the City. The term ―Project Manager‖ means the
     employee or consultant for the Owner, assigned to oversee the project, the
     Contractor, and the Site Engineers, on the City’s behalf. These parties will be
     identified to the Contractor at the time of project award.

101.2 WORK COVERED BY BID DOCUMENTS
     This project consists of the following tasks, as described in further detail in the
     Project Scope section of the solicitation:
          1. Preliminary activities including securing of permits, notifications to
             municipal officials and utility companies/utility one-call service,
             preparation of site signage, Site-specific Health and Safety Plan
             (HASP), contractor mobilization, etc.
          2. Demolition and removal of the concrete slab remaining from the former
             site buildings.
          3. Closure of the three USTs, including sampling, waste characterization
             and offsite disposal of tank contents; excavation and offsite disposal of
             the tanks and appurtenant piping and equipment, all in accordance with
             applicable regulatory requirements.
          4. Excavation and offsite disposal of contaminated soil, at the direction of
             the Site Engineer, to be retained by the City.
          5. Restoration of the Site work areas, including acquisition and placement
             of backfill in the tank excavations and any other areas of excavation.
             The task further includes the placement of topsoil, fertilizing, and
             reseeding of the site, and installation of permanent fencing.
     More complete description and additional information is provided in the task
     details below and in the additional Technical Specifications portions of this
     document.

101.3 BID WALK
     No bid walk is scheduled. The property may be viewed from the adjoining public
     sidewalk, but may not be accessed prior to the bid date.

101.4 CONTRACT TERMS AND CONDITIONS

     A.      Pricing

                                         A4-1
Omission from this bid package of details of work which are necessary to carry out
the intent of the solicitation, or which are customarily performed, shall not relieve
the Contractor from performing the omitted work, but they shall be performed as if
fully and correctly set forth and described in the bid package. The bid prices (unit
cost and/or lump sums) provided by the contractor on the Bid Price Form, included
in this bid package, shall be the basis for full payment for all work and materials
required to complete the work.

The Contractor shall include all costs of doing the work within the lump sum bid
prices and unit cost items as indicated on the bid price form. The price form
includes estimated quantities based upon the building inspection reports and
project plans, also included in this package. If the contract plans, contract
provisions, addenda, or any other part of the contract requires work that has no
corresponding unit cost and/or lump sum price in the Bid Price Form, the cost of
such work shall be incidental and included within the bid price (Lump Sum) in the
contract.

The Bid Price shall cover the full cost of all work, labor, material, tools, plant and
appurtenances of every description necessary to complete the work, overhead
and other costs, and Contractor's anticipated profit.

All Contract Documents and copies thereof are furnished by the Owner for use
only on the project herein described and, with the exception of these sets which
have been signed in connection with the execution of the Contract, shall at all
times remain the property of the Owner. The Contract Documents shall not be
used in connection with any other project.

The Contract Documents comprise the entire agreement between the Owner and
the Contractor and may be amended only as herein described.

B.     Basis for Payment

C.     Upon award of the contract the successful bidder shall prepare a time
       schedule and a schedule of values for work that is to be completed for all
       portions of the project. The schedule of values shall be divided into the
       several project tasks of the bid, as shown on the Bid Price Form. The
       schedules of value for each subtask shall add up to the total amount bid for
       each task. The schedule of values shall be used as the basis for payment
       applications by the contractor. The schedule of values may include both
       lump sum and unit cost line items. The contractor shall submit the payment
       application to the Project Manager for review.          Once the payment
       application has been approved, the Project Manager will notify the city in
       writing that the application is acceptable for payment.

D.     Time to Complete

E.     The length of the contract shall be 120 calendar days from the date of the
       notice to proceed. All work of the contract shall be complete within this time
       frame including the completion of final punch list items and submission of
       final invoices.

F.     Conflicts
                                     A4-2
G.   Should conflicts be found between the various specifications or between
     the specifications, the project plans, and the Contract Documents, the most
     stringent conditions shall govern.


                       END OF SECTION 0010




                                 A4-3
SECTION 00107 - LEGAL RELATIONS AND RESPONSIBILITY TO
PUBLIC

107.05     PERMITS, LICENSES AND TAXES
     Prior to the start of any work within State, County or local rights of way, the
     Contractor must obtain road opening permits from the New Jersey Department of
     Transportation, the County Road Supervisor, or the local road supervisor as
     appropriate.
     The Contractor is also responsible for acquiring any permits required for
     demolition and construction activities from City agencies, City utilities, and public
     utilities.
     The Contractor shall be responsible for obtaining the approval and acceptance of
     his work that is to meet the requirements of entities other than the Owner.
     The Contractor shall apply for a permit to use water from hydrants or other
     outlets, and the use of water shall be subject to the charges, rules, and
     regulations of the Utility Owner. The Contractor shall be responsible for any
     damage to hydrants, water mains, house connections, or meters resulting from
     his use of the utility during the prosecution of the work.
     IT IS NOT INTENDED THAT THE WORK SHALL IMPACT ANY
     ENVIRONMENTALLY SENSITIVE AREAS; HOWEVER THE CONTRACTOR SHALL
     BE FULLY AWARE OF THE ENVIRONMENTALLY SENSITIVE AREAS.
     The contractor shall fulfil all other permit requirements which may include but
     are not limited to a Union County Soil Conservation District Soil Erosion and
     Sedimentation Control (SESC) permit. The contractor will comply with the
     approved version of the SESC plans.
     The Contractor shall provide the Project Manager with one (1) copy each of all
     required permits and each original Notice of Authorization certificate pertaining
     to any NJDEP permits. It shall be the Contractor's responsibility to be aware of
     and to abide by the requirements of said permits.
     The Contractor shall keep one (1) copy of each permit at all times in a safe
     location at the project site and they shall be readily accessible for public
     inspection. The Notice of Authorization certificates shall be prominently
     displayed in public view in such manner that they are maintained safe from
     construction activity and from other potential sources of defacement or harm.

                              END OF SECTION 00107




                                         A4-4
SECTION 00201 - SITE CLEARING & DEMOLITION
Description
      This work shall consist of clearing of the site, including the removal of
      miscellaneous debris and waste. This task shall further consist of demolition and
      removal of the building slabs and foundations on the site, as identified on the Site
      Plan. This task is exclusive of the removal of any materials or wastes that are
      specified by other Sections.
2.01.01A     General Requirements
      The work includes demolition or removal of all items indicated in the
      specifications. Demolition activities to be performed shall be coordinated in such
      a manner as to occur in concert with environmental investigation activities, as
      described in Section 206 and other specifications. All materials resulting from
      demolition work, except as indicated or specified otherwise, shall become the
      property of the Contractor and shall be removed from the limits of the site in an
      expeditious fashion. Rubbish and debris shall be removed from the site daily
      unless otherwise directed by the City. Materials that cannot be removed daily
      shall be stored in areas approved by the City. No material generated by any
      demolition work shall be stored, even temporarily, on any property adjacent to the
      site.
201.01C        Burning
      The use of burning at the project site for the disposal of refuse and debris will not
      be permitted.
201.01 D Uses of Explosives
      Use of explosives will not be permitted.

Materials
      Materials shall conform to the following Subsections:
               Fences ........................................................................................... 00614
               Backfill ........................................................................................... 03000
               Topsoil ........................................................................................... 00806
               Landscaping Materials ................................................................... 00909


PART 2 CONSTRUCTION

Clearing Site
      The ground surface of the Site shall be cleared of debris and other objectionable
      material. Trees, shrubs, and other landscape features on the Site that do not
      interfere with the Project shall not be removed but shall be protected during the
      progress of the Work. Every necessary precaution shall be taken to prevent
      damage or injury to existing trees, plants, and other vegetation that are to remain
      within or adjacent to the Project.
      Depressions in excavation areas that lie below the finished grade shall be
      backfilled and compacted to finished grade.

                                                        A4-5
201.09      Demolition of Buildings
     The building foundations and concrete slabs currently existing on the Site, as
     identified on the Site Plan, are to be demolished. The floor slabs shall be cleared
     and broom-swept prior to demolition, for inspection by the Site Engineer. Upon
     completion of the inspection by the Site Engineer, the Contractor will remove the
     slab and building foundation.
     Floor drains, or other pipes, ducts, or other appurtenances shall be removed up to
     their termination point. Any utility, pipe, or other appurtenance that is constructed
     through any basement or foundation wall shall be removed to their termination
     point or the property boundary.
     Sale of materials shall not be conducted within the limits of the Project.
     Demolition operations shall be confined to the limits of the Site as shown on the
     plans and shall conform to the following:

     1.   Safety Regulations. Barricades, steady burning lights, flashing warning
          lights, warning signs, and KEEP OUT signs shall be furnished, erected, and
          maintained at places and locations where the placing of protective devices
          are warranted.

          Suitable barriers shall be erected and maintained around all operations and
          all openings in the ground, as long as such operations and openings
          constitute a hazard or dangerous condition.

          Dust that may result from any demolition operation, especially that which may
          result from the use of chutes, shall be prevented or controlled.

     2.   Utility Disconnections. Before the demolition of any building, arrangements
          shall be made for the disconnection and termination of all water, sewer, gas,
          electric, telephone, cable television, and other facilities that are connected to
          the building, in conformance with the requirements of the municipalities and
          companies owning or controlling them.

          The municipalities and companies concerned shall be notified, in writing,
          when such disconnections, terminations, or reconnections are required, and
          the work shall be performed according to their standard practices and
          requirements and under their supervision, or arrangements shall be made for
          the work to be performed with their forces. Any payment required by the
          utility shall be included in the lump sum costs.
     3.   Demolition Operations.
          Only methods of demolition that ensure that all phases of demolition are
          confined within the limits of the demolition areas and without hazard to
          adjacent properties or to the public will be permitted. Under no circumstances
          shall any structure be set afire.

     5.   Backfilling. Backfilling of all subsurface areas including cellars shall conform
          to Subsection 203.09 and the following:
          a. Additional materials required for backfilling shall be furnished at no cost to
             the owner. The quality, nature, and source of additional material required
                                          A4-6
              for backfilling shall be according to Section 203, and applicable NJDEP
              regulations and guidance. The selection of materials shall be approved
              before use.
           b. The Project Manager or Site Engineer may direct compaction to be
              according to Subsection 203.10, except that the frequency of
              measurements may be increased.
           c. All operations in connection with backfilling and grading shall be
              performed and completed in such manner to ensure proper drainage.
              Before placing the first layers, existing cellar floors and other surfaced
              areas shall be broken into pieces having areas of not more than 1 square
              feet with well-defined cracks through the full depth of the floors, or holes of
              not less than 1 square foot area shall be made through the floors on
              approximately 10-foot centers to provide vertical drainage. Cellar floors of
              wood shall be removed.
           d. Cellars and all other subsurface spaces shall be backfilled and leveled.
           e. The ground surface shall be graded, if necessary, to eliminate water
              pockets.

201.10 Disposal of Materials and Debris.
The disposal of materials and debris accumulated by clearing site; demolition of
buildings; and removal of bridges, roadways, culverts, and other structures is regulated
under the Solid Waste Management Act (NJSA 13:1 E-1) and is governed by NJAC 7:26
et seq. The Contractor shall dispose of the material and debris according to the solid
waste management plan developed by the solid waste management district of origin.
Proper documentation from the disposal facility shall be submitted to the Project
Manager.
All materials removed from the site shall have a bill of lading indicating contents,
weight and/or volume of material, final destination and other facts as may be
necessary.

Title to Materials
Title to all materials and equipment to be demolished is vested in the Contractor upon
receipt of Notice to Proceed. The City will not be responsible for the condition, loss or
damage to such property after Notice to Proceed.
Unsalvageable Materials
Concrete, masonry, and other noncombustible materials other than concrete permitted to
remain in place, shall be disposed off site.

CLEAN-UP
Debris and Rubbish
Debris and rubbish shall be removed from the surrounding work area.

Debris Control
Debris shall be removed and transported in a manner as to prevent spillage on streets or
adjacent areas. Any spillage shall be immediately remediated.

Regulations
Local regulations regarding hauling and disposal apply.
                                            A4-7
PAYMENT
Compensation to the contractor for performance of the project tasks described in this
section will be made on the basis of a combination of lump sum and unit costs bid by the
contractor on the Bid Price Form for Task 2 – Site Demolition.

                               END OF SECTION 00201




                                          A4-8
SECTION 202 – DISPOSAL OF SOIL AND REGULATED WASTES
202.03.07 Disposal of Soil and Debris
Dispose of regulated material as specified in 202.03.08. Dispose of excess soil at
approved landfills according to applicable Federal, State, and local laws, rules, and
regulations. For excavation not designated as regulated material or APS (acid-producing
soil), provide the following before removing the excess excavation from the Project
Limits.
   A. At least 10 days before disposing, submit the disposal procedure and location to
      the Project Manager for approval. Do not dispose of excavation on property
      proposed to be or used for parks, playgrounds, and other recreational purposes;
      educational facilities; environmentally sensitive areas such as wetlands; historic
      sites; or within sight of a State highway during all seasons.
   B. On a Department provided form, obtain the property owner's notarized
      authorization of the acceptance of the excess material and where it is being
      placed.
Once material leaves the Site, the Contractor is responsible for ensuring that the
handling procedures, placement method, and disposal location are according to
applicable Federal, State, and local laws, rules, and requirements, including permits that
may be issued for the Project. If the disposal of excess material results in a violation
notice from any governmental authority, immediately correct the violation. Indemnify and
defend the Owner for any violation incurred, penalty assessed, or any claims, suits,
losses, demands or damages of whatever kind or nature arising out of, or claimed to
arise out of, the improper disposal of excess materials.
If the Contractor does not correct the violation to the satisfaction of the governmental
authority that issued the violation notice, the Contractor is responsible for assessed
penalties including costs incurred by the Department to remedy the violations.
Dispose of other material or debris as specified in 201.03.09.
202.03.08 Disposal of Regulated Material
The Contractor shall load, transport, and dispose of regulated materials or wastes
according to Federal, State, and local laws, rules, and regulations and as specified in
202.03.07.B. Pay fees associated with removal and disposal of regulated materials or
wastes.
Submit the results of material sampling and analysis, waste facility applications and
acceptance documentation, and fee payment requirements to the Project Manager at
least 5 days before planned removal of regulated material. Submit to the Project
Manager a bill of lading for each truckload of regulated material removed from the Project
Limits. Ensure that the bill of lading and waste manifest include the following information:
      1.    Transport subcontractor name, address, permit number, and telephone number.
      2.    Type and quantity of material removed.
      3.    Weight of vehicle with weigh slip.
      4.    Recycling or disposal facility name, address, permit number, and telephone number.
      5.    Date removed from the Project Limits.

                                                 A4-9
       6.   Signature of transport vehicle operator.
The Owner or Project Manager will sign the bills of lading for the Department as the
generator. Submit 1 copy of the bill of lading to the Project Manager by the end of each
working day that the transport vehicle leaves the site.
The licensed hauler shall transport the regulated material to the disposal/recycling facility
with no unauthorized stops in between, except as required by regulatory authority. The
hauler shall use appropriate vehicles and operating practices to prevent spillage or
leakage from occurring during transport. Remove excess soil adhering to the wheels or
under carriage of the vehicles before leaving the Project Limits. If soil or water escapes
to the public roads, immediately clean the road to restore it to the original condition and
immediately notify the Project Manager. Do not transport regulated material over public
roads if they contain free liquid or are sufficiently wet to be potentially flow able during
transport.
Submit 1 copy of the documentation of the disposal facility's acceptance of the regulated
material, including the weight ticket slips, to the Project Manager and the county of origin
within 15 days of acceptance at the disposal facility.
Immediately submit written notification to the Project Manager if problems arise,
regarding the facility chosen to accept the regulated material for off-site management,
that would require the return of waste, or if the chosen facility has violated any
environmental regulation that may result in regulatory enforcement action. Propose an
alternate disposal facility, and obtain the Project Manager's written approval of off-site
management at such facility.
202.03.09 Disposal of Regulated Material, Hazardous
Load, transport, and dispose of hazardous material and wastes for the Project according
to Federal, State, and local laws and as specified in 202.03.07.B. Pay fees associated
with removal and disposal of hazardous regulated materials.
Submit the results of material sampling and analysis, waste facility applications and
acceptance documentation, and fee payment requirements to the Project Manager at
least 15 days before planned removal of hazardous regulated material. For each
truckload of hazardous regulated material removed from the Project Limits, submit to the
Project Manager a bill of lading and waste manifest that include the following information:
   1. Transport subcontractor name, address, EPA ID number, and telephone number.
   2. Type and quantity of material removed.
   3. Weight of vehicle with weigh slip.
   4. Recycling or disposal facility name, address, permit number, and telephone
      number.
   5. Date removed from the Project Limits.
   6. Signature of transport vehicle operator.
   7. Waste manifest tracking number.
The Owner will sign the manifest as the generator and will forward questions or concerns
to the Bureau of Environmental Program Resources for resolution. The manifest will
verify the type and quantity of hazardous regulated material being transported off-site.
The Uniform Hazardous Waste Manifests are required by the Federal Resource
Conservation and Recovery Act (RCRA) (40 CFR Subpart B Parts 262.20 to 262.23) and
                                             A4-10
N.J.A.C 7:26G for all off-site shipments of hazardous regulated materials. The Owner is
the generator of the waste. The Owner will obtain an EPA Identification Number (EPA
ID#) and supply this information to the Contractor for inclusion on the Uniform Hazardous
Waste Manifest. The Project Manager will provide the Contractor with an EPA ID# if the
Project contains hazardous regulated material.
The Contractor is responsible for all manifest discrepancies. Immediately report
discrepancies to the Project Manager and resolve to the satisfaction of the Project
Manager.
The licensed hauler shall transport the hazardous regulated material to the
disposal/recycling facility with no unauthorized stops in between, except as required by
regulatory authority. The hauler shall use appropriate vehicles and operating practices to
prevent spillage or leakage from occurring during transport. Remove excess soil
adhering to the wheels or under carriage of the vehicles before leaving the Project Limits.
If soil or water escapes to the public roads, immediately clean the road to restore it to the
original condition and immediately notify the Project Manager. Do not transport
hazardous regulated material over public roads if they contain free liquid or are
sufficiently wet to be potentially flow able during transport.
Submit 1 copy of the documentation of the disposal facility's acceptance of the
hazardous regulated material, including the weight ticket slips, to the Project Manager
and the county of origin within 15 days of acceptance at the disposal facility.
Immediately submit written notification to the Project Manager if problems arise,
regarding the facility chosen to accept the hazardous regulated material for off-site
management, that would require the return of waste, or if the chosen facility has violated
any environmental regulation that may result in regulatory enforcement action. Propose
an alternate disposal facility, and obtain the Project Manager's written approval of off-site
management at such facility.

PART 3 PAYMENT
Compensation to the Contractor for performance of the project tasks described in this
section will be made on the basis of a combination of lump sum and unit costs provided
by the Contractor on the Bid Price Form for the disposal subtasks under Task 4.0.

                                END OF SECTION 00202




                                           A4-11
SECTION 00212 - SOIL EROSION AND SEDIMENT CONTROL
The Contractor shall comply with any approved soil erosion and sediment control plan
(SESC), if required for the Site and provided to the Contractor. The subsections cited
herein refer to New Jersey Department of Transportation (NJDOT) Standard
Specifications for Road and Bridge Construction (2001 Edition). The specifications
provided herein, and the subsections referenced, are applicable to this project to the
extent that the materials or construction activities addressed by the specifications are
required by the SESC plan.

212.01             Description.
This work shall consist of the construction and maintenance of various temporary soil
erosion and sediment control measures.

212.02             Materials.
Hay bales shall conform to Subsection 919.13 and shall be bound with wire or baling
twine. The twine shall be an ultraviolet light stabilized polypropylene that has a knot
strength of 170 pounds and straight break strength of 300 pounds.
Wood stakes, posts, and boards shall be solid, reasonably knot-free lumber conforming
to the nominal size specified on the Plans.
Welded steel wire mesh fabric shall conform to Subsection 915.03.
Temporary riprap stones shall consist of a designated median stone (d 50) size in the
range of 6 to 9 inches conforming to Subsection 901.04.
Coarse aggregate shall consist of broken stone or washed gravel conforming to
Subsection 901.03.
Embankment shall be Zone 3 conforming to Subsection 203.03.
Pipe for temporary slope drains shall be a minimum size of 8 inches and shall conform to
Section 913. End sections and elbows shall be of the same material as the pipe to which
they are to be joined.
Other materials shall conform to the following Subsections:
       Broken Stone............................................................................................. 901.04
       Mulch ......................................................................................................... 909.04
       Seed Mixtures ........................................................................................... 909.06
       Sod ............................................................................................................ 909.08
       Topsoil Stabilization Matting ...................................................................... 909.09
       Miscellaneous Materials ............................................................................ 909.11
       Geotextiles ................................................................................................ 919.06


                                                  CONSTRUCTION

212.03             Construction Requirements.
The Contractor shall incorporate all permanent pollution control features into the Project
at the earliest practicable time. Temporary soil erosion and sediment control measures
shall be coordinated with the permanent pollution control features and with the
construction of pavement, drainage facilities such as pipes, culverts, headwalls,
                                                            A4-12
channels, or ditches to the maximum extent practical to ensure economical, effective,
and continuous erosion control throughout the life of the Contract, as outlined in the
approved progress schedule specified in Subsection 108.04.
Before all grubbing operations, soil erosion and control measures shall be installed.
When unstabilized areas caused by site development, grading, or other earth disturbing
activities exist beyond 14 calendar days, the areas disturbed shall be seeded and
mulched. These requirements pertain to perimeter controls, berms, dams, swales,
ditches, and slopes. Upon completion of the grading or construction, disturbed areas
shall be permanently stabilized within seven calendar days. Stabilization shall be
according to Section 809.
When excavation or embankment construction reaches the finished sub grade, those
areas on which paving is to be placed are exempt from the above stabilization
requirements. Roadways and haul roads actively being used for daily conveyance of
equipment, as well as areas between temporary berms, except median areas, are also
exempt.
Streams shall be protected from soil erosion and sediment. Streams being diverted shall
be protected through the use of silt fences. Temporary diversion channels shall be lined
with geotextile fabric and temporary riprap.
The turbid discharge from dewatering construction activities shall be contained in a
dewatering basin to control sediment and provide filtration of water before being released
into adjacent streams or other watercourses.
Soil being stockpiled shall be placed in well-drained areas no closer than 50 feet from
streams, wetlands, floodplains, and other watercourses, unless otherwise directed. The
stockpiles shall be seeded and mulched according to Sections 808 and 811. Adequate
temporary soil erosion and sediment controls shall be provided around the stockpiles
until such time as vegetation is established on the piles.
Temporary soil erosion and sediment control measures shall be used to correct
conditions that develop during construction that were not foreseen during design, and
may include construction work outside of the Project limits. These temporary measures
will be paid for according to Section 104.
In the event that temporary soil erosion and sediment control measures are required due
to the Contractor’s failure, for any reason, to install or maintain soil erosion and sediment
controls, either as part of the work or as directed, such work shall be performed by the
Contractor at no cost to the State.
If the Contractor is not in compliance with soil erosion and sediment control provisions,
corrective actions shall be taken immediately. The Project Manager may suspend the
work, wholly or in part, according to Subsection 108.15, until such time as the Contractor
is fully in compliance. All corrective and remedial work required to bring the Contractor
into compliance shall be performed at no cost to the State.
Temporary soil erosion and sediment control measures shall be removed when
necessary to allow for the installation of permanent control features, or as permanent
controls become functional. Before Acceptance, all items used for temporary soil erosion
and sediment control shall be removed unless the Project Manager directs that specific
items remain in place.



                                           A4-13
212.04        Soil Erosion and Sediment Control Manager.
The Contractor shall assign to the Project a supervisory-level employee to serve in the
capacity of soil erosion and sediment control manager. This employee shall be
thoroughly experienced in all aspects of soil erosion and sediment control and
construction. The Contractor shall submit the name and applicable experience of this
employee to the Project Manager for approval at least fourteen calendar days before
commencing any work on the Project. Any change in the appointment of the soil erosion
and sediment control manager during the term of the Contract shall require a written
submission and approval.
The soil erosion and sediment control manager shall have the primary responsibility and
sufficient authority for implementing the approved soil erosion and sediment control
schedules and methods of operations. The soil erosion and sediment control manager
shall coordinate its operations with the Project Manager, and shall oversee and supervise
all aspects of soil erosion and sediment control on the Project. This includes both on-site
and off-site activities, including those involving subcontractors.
The soil erosion and sediment control manager will be required to attend all soil erosion
and sediment control meetings held during the life of the Project.

212.05        Limitations of Operations.
Clearing and grubbing operations shall be so scheduled and performed that grading and
mulching, seeding, and other permanent pollution control features can follow immediately
thereafter according to the approved progress schedule. Should seasonal limitations
make such coordination unrealistic, additional temporary soil erosion and sediment
control measures shall be required between successive construction stages, as directed.
The amount of surface area of erodible earth material exposed at one time by clearing
and grubbing, excavation, borrow, or fill operations, without stabilization, shall not exceed
17 acres for clearing and grubbing operations, or 17 acres for grading operations without
prior approval. The Project Manager may increase or decrease these amounts
commensurate with the Contractor’s capability and progress in keeping the construction
current with the approved progress schedule.


212.06        Soil Erosion and Sediment Control Measures.
         A. Silt Fence. Silt fence shall consist of geotextile fabric at least 3 feet wide to
         provide for a 2-foot high fence after 1 foot of fabric is buried in the existing soil.
         Heavy duty silt fence shall consist of geotextile fabric at least 4 feet wide to
         provide for a 3-foot high fence after 1 foot of fabric is buried in the existing soil.
         Sections of fabric shall be overlapped a minimum of 1 foot - 6 inches then joined
         in such a manner that, when in operation, the sections work effectively as a
         continuous fence. Fence posts shall be installed at a slight angle toward the
         anticipated runoff source.
         Heavy-duty silt fence shall include a welded wire mesh backing for the geotextile
         fabric. This welded steel wire mesh shall be galvanized and contain 6-inch
         openings. The geotextile fabric shall be secured to the welded wire mesh.
         B. Hay bale Check Dams with Temporary Stone Outlets. Hay bales shall be
         embedded 4 inches into the ground and anchored in place with two wood stakes
         per bale. The temporary stone outlets, consisting of riprap stones conforming to
                                             A4-14
the requirements for temporary riprap, shall be placed in the center of each flow
line. Coarse aggregate size No. 2 shall be placed immediately upgrade of each
stone outlet.
The riprap stones and coarse aggregate shall be placed on geotextile fabric that
shall be buried in the soil. When sections of geotextile fabric need to be joined,
the sections shall be overlapped a minimum of 1 foot - 6 inches in the direction of
flow.
C. Temporary Stone Check Dams. Temporary stone check dams shall be
constructed in ditches to reduce flow velocity.
The check dams shall consist of riprap stones conforming to the requirements for
temporary riprap. Coarse aggregate size No. 2 shall be placed immediately
upgrade of each check dam.
The riprap stones and coarse aggregate shall be placed on geotextile fabric that
shall be buried in the soil. When sections of geotextile fabric need to be joined,
the sections shall be overlapped a minimum of 1 foot - 6 inches in the direction of
flow.
D. Temporary Slope Drains. Temporary slope drains shall be installed on
embankment slopes to intercept surface runoff where concentrated runoff will
cause excessive erosion of the slope.
The drainpipe shall be staked to the slope or secured with riprap stones to
prevent movement or displacement. A flared end section shall be attached at
each end of the pipe, and elbows shall be installed as required to conform to the
existing changes in slopes. A temporary earth berm and hay bales shall be
constructed at the top of slope in the vicinity of the slope drain to intercept runoff
and channel the runoff to the slope drain. The hay bales shall be embedded 4
inches into the ground and anchored in place with two wood stakes per bale.


Riprap stones, conforming to the requirements for temporary riprap, shall be
placed loosely at both ends of the pipe to prevent scour. The riprap stones shall
be placed on geotextile fabric that, at the top of slope, shall be draped over the
earth berm. When sections of geotextile fabric need to be joined, the sections
shall be overlapped a minimum of 1 foot - 6 inches in the direction of flow.
E. Inlet Filters. Inlet filters, consisting of welded wire mesh and geotextile
fabric shall be installed to control sedimentation at new inlet drainage structures.
Inlet filters of geotextile fabric alone shall be installed to control sedimentation at
existing inlet drainage structures.
For new inlet structures, welded steel wire mesh shall be molded around the inlet
frames and grates, or inlet structures, and extends a minimum of 6 inches down
each side of the new structures. Geotextile fabric shall then be secured to the
welded wire mesh. Coarse aggregate size No. 8 shall be placed against the inlet
structures to hold the inlet filter in place.
For existing inlet structures, geotextile fabric shall be placed under the grates,
over the curb pieces, and extend a minimum of 6 inches beyond. Coarse
aggregate size No. 8 shall be placed behind each curb piece and on the
geotextile fabric to secure the fabric in place.

                                    A4-15
Openings required in new inlet walls to provide for temporary drainage shall be
covered with welded wire mesh, geotextile fabric, and coarse aggregate size No.
8.
Inlet filters shall be removed the same day as scheduled paving operations.
F. Inlet Protection, Hay bale Barrier. Inlet protection, hay bale barrier shall
consist of hay bales that completely encircle inlet drainage structures. The
perimeter length of the hay bale barrier shall be at least four times the perimeter
length of the inlet structure. Hay bales shall not encroach into the traveled way.
Hay bales placed around inlet structures within earthen areas shall be embedded
4 inches into the ground and anchored in place with two wood stakes per bale.
Hay bales placed around inlet structures within pavement areas shall only be
placed on top of the pavement and tied together to prevent movement. Hay
bales placed on pavement areas shall not be anchored in place.
G. Inlet Sediment Traps. Inlet sediment traps, consisting of silt fence and
temporary stone inlets, shall be constructed to control sedimentation at existing
and new inlet drainage structures.
The silt fence shall consist of geotextile fabric whose width shall be at least 3 feet
to provide for a 2-foot high fence after 1 foot of fabric is buried in the existing soil.
Sections of fabric shall be overlapped a minimum of 1 foot - 6 inches then joined
in such a manner that, when in operation, the sections work effectively as a
continuous fence. The silt fence shall be installed around the drainage structure
and meet into the stone inlets. Fence posts shall be installed at a slight angle
toward the anticipated flow.
The temporary stone inlets, consisting of coarse aggregate size No. 2, shall be
placed in each flow line upgrade of the inlet structure. The coarse aggregate
shall be placed on geotextile fabric that shall be buried in the soil. When
sections of geotextile fabric need to be joined, the sections shall be overlapped a
minimum of 1 foot - 6 inches in the direction of flow.
H. Floating Turbidity Barriers. Floating turbidity barriers, consisting of 10 mil
thick polyethylene plastic sheets suspended from floats, shall be installed in
streams or other watercourses to intercept silt out letting from drainage pipes, or
caused by construction operations within the waterways.
Barriers shall be located 50 feet from the point of discharge of drainage pipes, or
from construction operations affecting the waterways. The barriers shall extend
across the entire waterway or radially from the shore line.
I. Temporary Stone Outlet Sediment Traps.               Temporary stone outlet
sediment traps, consisting of temporary basins and riprap spillways, shall be
constructed within existing, new, and temporary ditches.
The spillways shall consist of riprap stones conforming to the requirements for
temporary riprap. Coarse aggregate size No. 2 shall be placed immediately
upgrade of the spillways.
The riprap stones and coarse aggregate shall be placed on geotextile fabric that
shall be buried in the soil. When sections of geotextile fabric need to be joined,
the sections shall be overlapped a minimum of 1 foot – 6 inches in the direction
of flow.

                                     A4-16
         J. Dewatering Basin. Dewatering basins shall be constructed within the ROW
         of the Project and outside of any undisturbed wetland area, and areas not
         affected by roadway construction, as a dewatering containment measure to
         control sediment and provide filtration of water.
         The Contractor shall size the dewatering basins to entirely contain the expected
         discharge of water and sediment based on the flow rate of the pump to be used
         and the volume of area to be dewatered. The material to be used to form the
         basin is at the discretion of the Contractor. The outfall of the basin shall be such
         that the water exiting the basin does not cause erosion to or scour the area onto
         which the water is being discharged.

212.07        Dust and Dirt Control Measures.
         A. Dust Control. The Contractor shall employ construction methods and
         means that keep flying dust to the minimum. The Contractor shall also sprinkle
         water on the Project and on roads, streets, and other areas immediately adjacent
         to the Project limits, wherever pedestrian or vehicular traffic, or buildings that are
         occupied or in use are affected by such dust caused by the Contractor’s hauling
         or other construction operations.
         B. Dirt Control. The Contractor shall provide for prompt removal from existing
         roadways of all dirt and other materials that have been spilled, washed, tracked,
         or otherwise deposited thereon by its hauling and other operations whenever the
         accumulation is sufficient to cause the formation of mud, interfere with drainage,
         damage pavements, or create a traffic hazard.
         To minimize tracking of dirt and other materials onto existing roadways, a
         construction driveway shall be constructed at locations where vehicles exit a
         work site.
         The construction driveway shall consist of a layer of broken stone which shall be
         a minimum 4 inches thick and 100 feet long where practical, and of sufficient
         width to serve the intended purpose. The broken stone shall be 2½ inches
         nominal size, the driveway shall be maintained by top dressing with additional
         stone, as directed, and shall be removed when no longer required.

212.08        Soil Erosion and Sediment Control Maintenance.
Soil erosion and sediment control measures shall be maintained during the construction
season as well as during winter months and other times when the Project is closed down,
throughout the life of the Project, to ensure that the measures function properly. Soil
erosion and sediment controls shall be immediately inspected after each rain, and any
corrective work shall immediately be performed to return the soil erosion and sediment
control measures to proper function, as directed. Riprap stones, coarse aggregate, silt
fence, or hay bales damaged due to washouts or siltation shall be replaced as directed.
Sediment traps and basins shall be cleaned out when they are 50 percent filled. Silt
fences, stone outlet structures, dams, and hay bales shall have sediment removed when
the sediment reaches 50 percent of the height of the soil erosion and sediment control
measure. Sediment removed shall be disposed of according to Subsection 202.12.
The Contractor shall maintain the floating turbidity barrier by cleaning it periodically and
keeping it free from debris to ensure its proper function throughout the duration of the
Project, at no additional cost to the State.
                                             A4-17
PAYMENT
No separate payment will be made for Section 212 – Soil Erosion and Sediment Control.
Payment for this work shall be included in the lump sum price bid for Task 1 – Site
Preparation and Mobilization.

                                          END OF SECTION 00212

SECTION 00614 - FENCES
The subsections cited herein refer to NJDOT Standard Specifications for Road and
Bridge Construction (2001 Edition).

614.01            Description.
This work shall consist of the construction of fence and gates, the removal and resetting
of fence, and the repair of chain-link fence including the replacement of damaged fabric.


                                                   MATERIALS

614.02            Materials.
Materials shall conform to the following Subsections:
        Chain Link Fence ...................................................................................... 907.02
        Chain-Link Farm-Type Fence .................................................................... 907.03
        Snow Fence .............................................................................................. 907.04
        Mortar and Grout ....................................................................................... 914.03
        Coal Tar Epoxy-Polyamide Paint............................................................... 912.04
        Portland Cement Concrete ............................................................................. 914
Where aluminum coated fence or PVC-coated fence is not designated, either kind may
be used.
Gates shall be of the same materials as the fence to which the gates are attached.
New fence fabric shall be of the same or equivalent type as existing fence. Fence fabric
and incidental hardware shall conform to Section 907. All posts, fasteners, and other
appurtenances for PVC-coated fence shall also be PVC-coated and shall match the
fence fabric.


                                                CONSTRUCTION

614.03             Preliminary Work.
Before beginning construction or placing of fences, site clearing shall be performed
according to Section 201. Any rock protruding above the ground surface and in the line
of fence shall be removed to ground surface level according to Section 202.



                                                         A4-18
614.04        Chain Link Fence.
Fence and gates shall be erected according to the construction requirements
recommended by the manufacturer and the following:
         1. Terminal posts shall be set at the beginning and end of each continuous
         length of fence, at abrupt changes in vertical and horizontal alignment, and on
         each side of gate locations.
         2. Aluminum surfaces to be placed in contact with concrete shall be given a
         coat of coal tar epoxy-polyamide paint.
         3. Posts to be set in concrete shall be installed in dug or drilled holes. Posts
         not requiring a concrete foundation may be driven to the required depth if ground
         conditions permit or the posts shall be installed in holes dug or drilled to allow
         sufficient room for proper backfilling. When solid rock is encountered, any posts
         not required to be set in concrete shall be installed by drilling the rock to the
         required depth and grouting the post placed therein with grout composed of one
         part cement to two parts sand.
         4. Post holes for posts not requiring concrete foundations shall be backfilled
         with suitable material. Backfill shall be placed in layers not exceeding 4 inches,
         and each layer shall be thoroughly tamped. When backfilling and tamping are
         completed, the posts and anchors shall be held securely in proper position.
         5. Pull shall not be applied to posts set in concrete foundations until the
         concrete has cured a minimum of 72 hours.
         6. Gates shall be equipped with locks and two sets of keys.
         7. Gates shall be the same height as the fence to which the gates are attached.


614.05 Removal and Resetting Fence.
Existing fence materials that are found not to be usable or are damaged by construction
operations shall be disposed of and replaced with new materials of the same or
equivalent type, without additional compensation.

614.06 Repairing Chain-Link Fence.
New fabric shall be furnished and erected where required. Top rails and posts shall be
straightened or replaced. Tension wire shall be replaced, and vertical cuts shall be
mended.
Methods of construction shall be such that the repaired fence shall conform to the
existing fence. Materials that are no longer usable shall be disposed of according to
Subsection 201.10.

614.07 Temporary Fence.
Temporary chain link fence and snow fence required to enclose hazardous construction
areas and to complement the permanent fencing shall be erected before construction
activity.
Plastic snow fence required to delineate ecologically sensitive areas shall also be
erected before construction activity. Use of these sensitive areas for storage of
materials, field offices, work access, etc., will not be permitted at any time. Ecologically
                                           A4-19
sensitive areas damaged as a result of construction activities shall be restored as
directed.
Temporary fence shall be constructed according to the requirements for permanent fence
except used materials may be used.
Gates necessary for the construction operations may be installed at selected locations
and shall be kept padlocked except when in actual use during working hours.
Temporary fence and all types of snow fence shall be maintained as directed during
construction and shall be disposed of when no longer required on the Project.


PAYMENT
No separate payment will be made for Section 614 – Fences. Payment for this work
shall be included in the unit pricing bid for Task 5 – Site Restoration.

                              END OF SECTION 00614




                                        A4-20
SECTION 805 - PREPARATION OF SOIL
The subsections cited herein refer to NJDOT Standard Specifications for Road and
Bridge Construction (2001 Edition).

805.01 Description.
This work shall consist of the preparation of soil for seeding.


                                        MATERIALS

805.02 Materials.
Topsoil shall conform to Subsection 909.10.


                                     CONSTRUCTION

805.03 Construction Requirements.
The surface of the existing soil to be prepared shall first be cleared of all stumps, brush,
weeds, and debris. It shall next be cultivated to a depth of 3 to 4 inches to prepare a
seed bed. The entire area shall then be brought to a smooth grade, free from any
depressions that would collect water. If necessary, additional topsoil shall be used to fill
depressions. Where depressions exceed 8 inches in depth, subsoil shall be added and
covered with 4 inches of topsoil.
All waste material and debris resulting from preparation of existing soil shall be disposed
of according to Subsection 201.10.


PAYMENT
No separate payment will be made for Section 805 – Preparation of Soil. Payment for
this work shall be included in the unit pricing bid for Task 5 – Site Restoration.



                                 END OF SECTION 0080




                                            A4-21
SECTION 00806 - TOPSOILING
806.01 Description.
This work shall consist of the preparation and placement of topsoil.
Borrow topsoil shall consist of the furnishing of topsoil required in excess of that obtained
from stripping.


                                       MATERIALS

806.02 Materials.
Topsoil shall conform to Subsection 909.10.


                                     CONSTRUCTION

806.03 Construction Requirements.
Storage of topsoil shall conform to Subsection 202.03. The storage piles of topsoil and
the areas, from which stored topsoil has been removed, within the ROW limits of the
Project, shall be fertilized and seeded according to Section 808.
Topsoil shall not be placed until the area to be top soiled has been approved. All stones,
2 inches or larger in any dimension, and other debris such as wires, cables, tree roots,
pieces of concrete, clods, and lumps shall be removed and the surface scarified to
provide an improved bond between slope and topsoil. Slopes steeper than 2H: 1V shall
not be bladed smooth.
The topsoil shall be spread on a previously prepared surface in a uniform layer to
produce the prescribed compacted thickness.
Top soiled areas outside the limits of work shall be protected against damage caused by
the delivery, handling, or storage of materials, by washouts due to drainage diversion, by
workers, or by equipment. Any such damage shall be repaired by grading, fertilizing,
seeding, and mulching at no cost to the State.
Where either embankment or excavation slopes become eroded during the Work and
before Acceptance, repairs shall be made at no cost to the State.


PAYMENT
No separate payment will be made for Section 806 – Top soiling. Payment for this work
shall be included in the unit pricing bid for Task 5 – Site Restoration.


                                END OF SECTION 00806




                                           A4-22
SECTION 00808 - FERTILIZING AND SEEDING
808.01 Description.
This work shall consist of furnishing and placing pulverized limestone, fertilizer, and seed
mixtures, and furnishing layout and straw mulching of wildflower seed beds.


                                                      MATERIALS

808.02 Materials.
Materials shall conform to the following Subsections:
        Fertilizer .................................................................................................... 909.02
        Limestone, Pulverized ............................................................................... 909.03
        Seed Mixtures ........................................................................................... 909.06
        Binders ...................................................................................................... 909.01
        Straw Mulching .......................................................................................... 909.04
        Wildflower Seed Mixtures .......................................................................... 909.06


                                                  CONSTRUCTION

808.03 Construction Requirements.
Fertilizing and seeding shall be carried out as soon as a unit or portion of the Project,
such as a structure, an interchange, or a section of roadway has been completed for
partial acceptance as provided under Subsection 105.21. Planting beds shall not be
fertilized or seeded.
When the soil to be seeded has a pH value of less than 5.8, sufficient pulverized
limestone shall be incorporated to increase the soil pH value to 6.5.
Recommended amounts (pounds per acre) of total oxides to raise the pH of a 4-inch
layer of different soil textural classes to approximately 6.5 are as follows:
                                     Loamy              Sandy                                   Silty
                  Soil (pH)           Sand               Loam              Loam                Loam
                           5.7            300                600                900                1,200
                           5.3            600                1,035              1,500              1,800
                           -              900                1,500              2,100              2,400
                           5.6
                                          1,200              1,800              2,700              3,000
                           4.9
                           -              1,500              2,100              3,300              3,600
                           5.2
                           4.5
                           -
                           4.8
                           4.1
                           -
                           4.4


                                                            A4-23
The quantity of pulverized limestone required shall be in proportion to its magnesium and
calcium oxide content.
The fertilizer for establishing turf shall be limited to one selection throughout the Project.
Fertilizer shall be applied in the quantity necessary to yield 60 pounds of nitrogen per
acre (30 pounds at the time of seeding and an additional application of 30 pounds
approximately six months after seeding). The second application shall be made during
March or September. The Project Manager may adjust the six-month period depending
upon the date of the initial seeding.
The placing of fertilizer and seed shall conform to the following:
        1. Soil Preparation. All areas to be seeded shall be cultivated to provide a
        reasonably firm but friable seedbed. The depth of cultivation shall be 3 to 4
        inches. On slopes steeper than 3H: 1V, the Project Manager may direct the
        depth of cultivation to be reduced. All areas to be seeded shall meet the
        specified finish grades and shall be free of any weed or plant growth, stones of 2
        inches or larger in any dimension, and other debris.
        2. Optimum Seeding Seasons. Seeding should be completed from March 1
        to May 15 and from August 15 to October 15.
        When weather and soil conditions are suitable, the Project Manager may permit
        seeding at other times for soil erosion control and sediment control.
        The Project Manager shall be notified 24 hours before the seeding operation.
        3. Application. Turf seed mixtures shall be sown at the rate of 100 pounds per
        acre.
                 Seed and fertilizer may be placed by either of the following methods:
                 a. Hydraulic Method. The seed and fertilizer shall be mixed in water
                 and then applied under pressure at the specified rates. Any area
                 inadequately covered shall be retreated.
                 b. Dry Method. Mechanical seeders, seed drills, landscape seeders,
                 cultipaker seeders, and fertilizer spreaders may be used when seed and
                 fertilizer are applied in dry form. Fertilizer in dry form shall be spread
                 separately at the rates specified.
        Hand operated seeding devices may be used when seed and fertilizer are
        applied in dry form on areas that are inaccessible to mechanical seeders.
        Finished seeded areas shall be smooth and shall conform to the prescribed lines
        and elevations. All seeded areas shall be mulched as specified in Section 811.
        4. Care during Construction.            Seeded areas shall be protected and
        maintained until Acceptance. Any damage to seeded areas caused by
        pedestrian or vehicular traffic or other causes, except for conditions as covered
        in Subsection 107.18, shall be repaired at no cost to the State.
        When a satisfactory stand of grass, practically weed free and containing plants in
        reasonable proportion to the various kinds of seed in the grass seed mixture, is
        not established on areas of seeding, the deficient areas shall be mowed,
        refertilized, reseeded, and remulched at no cost to the State, until a satisfactory
        stand of grass is established.


                                            A4-24
       5. Wildflower Seeding.        Various wildflower seeding requirements are as
       follows:
               a. Seed Bed Preparation. There will be no fertilizing and seeding of
               turf mixes in the wildflower seed bed areas. Existing vegetation within
               the areas proposed for seeding shall be sprayed during the active
               growing season with glyphosate at the manufacturer’s recommended
               rates for total control of all plant material. A second application shall be
               applied ten days after the first application where necessary. The dead
               vegetation shall be mowed as close as possible to the existing ground,
               then disced to a depth of 1 to 2 inches.
               b. Seeding Seasons. Wildflower seeding shall be done from August
               15 to October 1 and from April 1 to May 31 inclusive.
               c. Bed Layout. Bed outlines shall be staked at a maximum spacing of
               25 feet using 2 by 2 by 36-inch wood stakes driven 1 foot into the
               ground. The staking shall define the limits for seed protection against
               mowing, overspray of herbicides, and other potential damage.
               d. Preparation of Seed Mixtures.           The Contractor shall obtain
               wildflower seed mixes according to Subsection 909.06. These mixes
               shall be combined with a carrier of clean, dry, salt-free sand in the
               presence of the Project Manager at a volume ratio of two parts sand to
               one part wildflower seed mix, to aid even distribution.
               e. Seed Application. The prepared mix, seed, and sand shall be
               broadcast evenly by use of a hand-operated, hand-held, cyclone
               spreader. The seeded area shall be lightly dragged with a piece of
               chain-link fence to mix the seed into the soil surface.
               f. Mulching. Seeded areas shall be mulched immediately after the
               application of seed. The mulch shall consists of straw, uniformly spread
               in a layer 1 to 1½ inches thick, loose measurement, and shall be bound
               in place with a binder according to Subsection 811.03.


PAYMENT
No separate payment will be made for Section 808 – Top soiling. Payment for this work
shall be included in the unit pricing bid for Task 5 – Site Restoration.



                              END OF SECTION 00808




                                         A4-25
SECTION 00809 - TOPSOIL STABILIZATION
809.01 Description.
This work shall consist of furnishing, placing, and stapling matting and blankets on soil
surfaces that have been prepared and seeded.


                                               MATERIALS

809.02 Materials.
Materials shall conform to the following Subsections:
        Topsoil Stabilization Matting ...................................................................... 909.09
        Miscellaneous Materials ............................................................................ 909.11


                                            CONSTRUCTION

809.03 Construction Requirements.
Before the matting is placed in position, the soil shall be smooth, soft, and free of
depressions, clods, mounds, stones, or other debris that may prevent the matting from
making complete contact with the soil. After the soil has been properly shaped, fertilized,
and seeded, the matting shall be laid out flat and anchored securely with staples, so that
the matting is in contact with the soil at all points.
When topsoil stabilization matting is required in swales or medians, the matting may be
installed in multiple widths.
When jute matting is being laid, the higher end shall be turned under 6 inches and buried
in a vertical position. Where laid end to end, the upper end of each downhill strip shall be
buried 6 inches deep in vertical position with the uphill strip overlapping for a distance of
6 inches to form a smooth, shingle-like effect. Where laid parallel, the matting shall
overlap from 3 to 6 inches.
When excelsior matting is being laid, the material shall be unrolled in the direction of the
flow of water. Where laid end to end, the adjoining ends shall be butted snugly. Where
laid parallel, the matting shall be butted snugly.
Erosion control mulch blanket may be substituted for excelsior matting; the method of
construction shall be the same.
Bulging seams in matting material shall be cut and joints formed as described above.
Staples shall be placed along the outer edges of the matting and in a parallel row down
the center of the strip. Staples shall be spaced 24 to 26 inches apart in the rows except
along overlapping edges where they shall be 12 to 13 inches apart. Staples shall be
driven at an angle of approximately 30 degrees from horizontal.
In addition to the above requirements, staples shall be placed 12 inches apart across the
matting at 50-foot intervals and at critical locations such as at inlets, check slots, if
required, overlapping joints, and ends. The staples shall be driven flush with the surface
of the matting and care shall be taken so as not to form depressions or bulges in the
                                                     A4-26
surface of the matting. If any staples become loosened or raised, or if any matting
becomes loose, torn, or undermined, satisfactory repairs shall be made immediately at
no cost to the State.


PAYMENT
No separate payment will be made for Section 809 – Topsoil Stabilization. Payment for
this work shall be included in the unit pricing bid for Task 5 – Site Restoration.



                              END OF SECTION 00809




                                        A4-27
SECTION 00909 - LANDSCAPING MATERIALS
The subsections cited herein refer to New Jersey Department of Transportation (NJDOT)
Standard Specifications for Road and Bridge Construction (2001 Edition).          The
specifications provided herein, and the subsections referenced, are applicable to this
project to the extent that the materials or construction activities addressed by the
specifications are required by the SESC plan and/or the Scope of Work.


909.01        Binders.
Binders for mulch shall be one of the following:
         1. Emulsified asphalt, Grades CSS-1, CSS-1h, SS-1, or SS-1h conforming to
         Subsection 904.03.
         2. Fiber mulch made from wood or plant fibers containing no growth or
         germination inhibiting materials.
         3. Synthetic plastic emulsion shall be miscible with all normally available water
         when diluted to any proportions. After drying, the synthetic plastic binder shall
         no longer be soluble or dispersible in water but shall remain tacky until the grass
         seed has germinated. The plastic binder shall be physiologically harmless and
         shall not have phytotoxic or crop-damaging properties.
         4. Vegetable based gels which can be classified as naturally occurring powder-
         based hydrophilic additives formulated to provide gels, which, when applied
         under curing conditions shall form membrane networks of water insoluble
         polymers. The vegetable gel shall be physiologically harmless and shall not
         have phytotoxic or crop-damaging properties.


909.02        Fertilizer.
Fertilizer for establishing turf shall have a commercial designation of 10-20-10 or any 1-2-
1 ratio fertilizer containing minimum five percent nitrogen, ten percent available
phosphoric acid, and five percent soluble potash.
If the fertilizer is to be applied with mechanical spreader in the dry form, a minimum of 75
percent shall pass a No. 8 sieve and a minimum of 75 percent shall be retained on a No.
16 sieve, and the maximum free moisture content shall be two percent.
Fertilizer for establishing sod shall be any 1-2-2 ratio fertilizer containing a minimum of
five percent nitrogen, ten percent available phosphoric acid, and ten percent soluble
potash.
Each delivery of fertilizer shall be accompanied by a delivery slip showing the weight and
a certified chemical analysis of the composition of the fertilizer.


909.03        Limestone Pulverized.
Pulverized limestone shall be composed of not less than 85 percent calcium and
magnesium carbonates to not less than 40 percent calcium and magnesium oxides.
                                           A4-28
Each delivery of pulverized limestone shall be accompanied by a delivery slip indicating
its weight and certified analysis of its chemical composition and gradation, including
calcium and magnesium oxide equivalents, which shall be furnished at the time of
delivery.


909.04 Mulch.
Straw shall be stalks of oats, wheat, rye, or barley relatively free from seeds, noxious
weeds, and other foreign material.
Wood cellulose fiber shall consist of wood cellulose fibers having no growth or
germination inhibiting materials.
Shredded wood mulch shall be produced by a shredding machine that produces a wood
particle varying in size from ⅝ to 3 inches.
Wood chip mulch shall be produced by a wood chipping machine which produces a wood
particle varying in size from ⅝ to 3 inches.
Shredded wood mulch and wood chip mulch shall not be decomposed and shall be clean
and hard and shall not contain leaves, twigs, wood shavings, dirt, stones, toxic material,
or other foreign material. The source of the material shall not be wood pallets,
chemically treated wood, or materials from building demolition. The pH shall be above
3.0.
Selected wood chips produced from clearing operations that are reasonably in
conformance with the above are acceptable.
Samples of shredded or wood chip mulch shall be submitted for approval before delivery
to the Project. Visual inspection of each shipment of shredded or wood chip mulch will
be made upon delivery to the Project.
Shredded hardwood bark mulch shall be derived from the bark of hardwood trees and
shall be twice shredded to a fine texture. It shall not contain leaves, twigs, wood
shavings, dirt, stones, weed seeds, toxic material, or other foreign material.
Each shipment of shredded or wood chip mulch and shredded hardwood bark mulch
shall be accompanied by a delivery slip, furnished at the time of delivery, and a
certification. This certification shall include a statement to the effect that the material was
not derived from wood pallets, chemically treated wood, or material from building
demolition.
Stone shall be coarse aggregate, approximately size No. 4, conforming to
Subsection 901.04. Sample shall be submitted for approval of size and color.
Gravel shall be uncrushed washed gravel, approximately size No. 4, conforming to
Subsection 901.05. Sample shall be submitted for approval of size and color.


909.06 Seed Mixtures.
        A. Grass Seed. Grass seed mixtures shall be as follows:


       Type A Grass Seed Mixture

                                            A4-29
                                     Minimum      Minimum        Percent of
                                      Purity,   Germination,    Total Weight
                                                  Percent
   Kind of Seed                      Percent                     of Mixture
   Kentucky Bluegrass                   85           75                20
   Red Fescues
    (Creeping or Chewings)              95           80                35
   Kentucky 31                          95           80                20
   Redtop                               92           85                10
   Perennial Ryegrass                   98           85                10
   White Clover                         97           90                5




                             Type A-3 Grass Seed Mixture
                                     Minimum       Minimum        Percent of
                                      Purity,    Germination,       Total
                                                                    Weight
   Kind of Seed                      Percent       Percent
                                                                  of Mixture
   Tall Fescue                          95            80               60
   Kentucky Bluegrass                   85            75               10
   Chewing Fescue                       95            85               20
   Perennial Ryegrass                   98            85               10




                             Type A-4 Grass Seed Mixture
                                                           Percent of Total
   Kind of Seed                                            Weight of Mixture
   Spreading Fescue                                               30
   Chewing or Hard Fescue                                         30
   Kentucky Bluegrass                                             30
   Perennial Rye                                                  10




All grass seed in the above mixture shall be certified seed.
The Department has royalty free license to use the proprietary seed mixtures
Fortress and Banner. Seed producers shall be notified when seed purchased is
to be used on a Department Project and is not to be subject to royalties.




                                     A4-30
Type B Grass Seed Mixture
                                   Minimum         Minimum            Percent of
                                     Purity,      Germination,          Total
   Kind of Seed                     Percent         Percent           Weight of
                                                                       Mixture
   Redtop                               92              85               10
   Red Fescues
     (Creeping or Chewings)             95              80               40
   Blackwell’s Switchgrass              95              85               10
   Red Canary Grass                     96              80               10
   Weeping Love Grass                   95              85               10
   Perennial Ryegrass                   98              85               5
   Kentucky 31                          95              80               15


Type D Grass Seed Mixture
                                   Minimum         Minimum            Percent of
                                    Purity,       Germination,          Total
   Kind of Seed                    Percent          Percent           Weight of
                                                                       Mixture
   Kentucky Bluegrass                   85              75                50
   Red Fescues
     (Creeping or Chewings)             95              85                35
   Redtop                               92              85                5
   Perennial Ryegrass                   95              80                10


Type F Grass Seed Mixture
                              Minimum                  Minimum
                              Purity,                  Germination,
        Kind of Seed          Percent                  Percent
       Perennial Ryegrass     95                       90



 B. Wildflower Seed. Wildflower shall be as follows:
                              Wildflower Seed Mixture


     Kind of Seed                            By Weight Per Acre
     Coreopsis Lanceolata                    40 ozs.
     Rudbeckia Hirta                         40 ozs.
     Echinacea Purpurea                      79 ozs.
     Festuca Ovina                           64 ozs.
                                             Total =223 ozs.


                                    A4-31
         C. Shipment. Each shipment of grass seed mixture shall be accompanied by a
         certified weight slip and an analysis of the composition, purity, and germination
         of the seed mixture, certified by the seed house, and furnished at the time of
         delivery.
         D. Sampling and Testing. Sampling and testing shall be done according to
         the New Jersey State Seed Law (Revision of 1963), PL 1963, c.29 (C.4:8-17.13
         et seq.) and with the Rules and Regulations for Testing Seeds adopted by the
         Association of Official Seed Analysis.


909.08        Sod.
Sod shall be machine cut at a uniform soil thickness of ⅝ ± ¼ inch at the time of cutting.
Measurement for thickness shall exclude top growth and thatch. Individual strips of sod
shall be of a uniform width. Broken strips and torn or uneven strips may be rejected.
Standard size strips of sod shall be strong enough to support their own weight and retain
their size and shape when suspended vertically from the upper ten percent of the strip.
Sod shall be Kentucky Bluegrass blend or Kentucky Bluegrass-fescue blend, inspected
and certified by the New Jersey Department of Agriculture.

909.09        Topsoil Stabilization Matting.
Topsoil stabilization matting shall be one of the following:
         1. Excelsior mat shall be wood excelsior, 48 ± 1 inch in width and weighing 0.8
         pounds per square yard p lus or minus five percent. The excelsior material
         shall be covered on both sides with a biodegradable netting to facilitate handling
         and to increase strength.
         2 Jute mat shall be cloth of a uniform plain weave of undyed and unbleached
         single jute yarn, 48 ± 1 inch in width and weighing an average of 1.2 pounds per
         linear yard of cloth with a tolerance of plus or minus five percent, with
         approximately 78 warp ends per width of cloth and 41 weft ends per linear yard
         of cloth. The yarn shall be of a loosely twisted construction having an average
         twist of not less than 1.6 turns per inch and shall not vary in thickness by more
         than one-half its normal diameter.
         3. Erosion control mulch blanket shall be a machine produced mat of organic,
         biodegradable mulch material, such as straw, coconut fiber, or other approved
         materials. The blanket shall be covered on both sides with a ½ by ½-inch
         polypropylene mesh netting. The mesh shall contain a photo-degradable
         accelerator which will cause breakdown of the mesh within six months. The
         blanket shall be sewn together with cotton thread. The minimum weight of the
         blanket shall be 0.5 pounds per square yard.


909.11 Miscellaneous Materials.
Antidesiccant shall be of the polyvinyl type.
Cedar posts shall be of white cedar and shall have a diameter of not less than 2 nor
more than 3 inches at the thinner end.

                                            A4-32
Wooden posts shall be nominal size 2 by 2 inches, of solid, reasonably knot-free lumber,
and may be permitted as an alternate for white cedar posts. The length of either post
shall be one-half the height of the plant to be supported, plus a minimum of 2 feet for
setting in the ground. The maximum overall length of any post shall be 8 feet.
Guy wire shall be 14 gauge steel wire.
Herbicides shall be Banvel CST, WeedOne CB, and Compadre. The application of the
herbicides shall conform to NJAC 7:301 et seq.
Hose shall be ½-inch corded rubber or plastic hose.
Peat (known as sedge or reed peat) shall consist of partially decomposed plant residues
resulting from anaerobic activity in water-saturated areas. Peat shall not contain gravel,
debris or toxic compounds. The average water content of the peat shall not exceed 65
percent, by weight. Peat shall have a minimum organic content of 75 percent, by weight.
The inorganic material shall consist only of sand, silt, and clay. Peat with less than a 4.0
pH value will not be accepted. The pH (hydrogen ion concentration), organic content,
and moisture content will be determined according to Section 990, NJDOT M-1.
Samples of peat will be taken by the Department at the source and must be approved
before any deliveries are made. All shipments of peat shall be accompanied by delivery
slips, with certified weight and name of supplier indicated, which shall be furnished at the
time of delivery.
Pegs for fastening sod on slopes shall be of wood lath, not less than 9 inches long, or of
similar pieces of wood.
Staples for anchoring topsoil stabilization matting shall be made of 12-inch lengths of No.
25 plain iron wire.
Tree protectors shall be one of the following:
        1. Plastic, wrap-around-the-trunk type, dark brown, dark gray or dark green in
        color.
        2. Wire mesh, ¼ by ¼-inch mesh, forming a 6-inch diameter cylinder around
        the trunk, with the abutting edges fastened together with wire.
Wood guy stakes shall be nominal size 2 by 4-inch lumber with a minimum length of 2
feet of solid and reasonably knot-free wood or 2½-inch diameter minimum length of 2
feet of white cedar. The diameter of the cedar stakes shall be measured at the thinner
end. The stakes shall be pointed on the thinner end. All guy stakes shall be notched 4
inches from the top for fastening the wire guys.



PAYMENT
No separate payment will be made for Section 909 – Landscaping Materials. Payment
for this work shall be included in the prices bid for Task 5 – Site Restoration.


                                END OF SECTION 00909




                                           A4-33
SECTION 01100 - SITE PREPARATION AND MOBILIZATION

Part 1 - General
   1. The Contractor shall prepare a site-specific Health and Safety Plan (HASP) that outlines
      procedures to protect onsite workers and respond to emergencies. The HASP will comply
      with 29 CFR 1910.120, entitled ―Hazardous Waste Operations and Emergency
      Response.‖ The Contractor will document completion of this task by providing a copy of
      the HASP to the Owner.
   2. The Contractor will erect a project public notification sign on the site. The sign shall be
      posted no later than one week prior to initiating field activities. The signage shall be
      professionally printed and meet the following criteria:
          a. The sign will be visible and readable from the public thorofare closest to the site
             (Lee Place) at all times during the period of performance.
          b. The sign shall remain posted and shall be maintained so that it is legible at all
             times.
          c. The sign shall be at least two feet by three feet in size and shall include the
             following wording, printed in font that is of sufficient size to be readable from the
             street or sidewalk:
                    i. ―Environmental Investigation/Cleanup In Progress at This Site;‖
                   ii.    ―For Further Information Contact…,‖ followed by the telephone number for
                         the City representative, which will be identified to the Contractor by the City
                         at the time of the contract;
                   iii. The site name, address, and NJDEP ID number, to be identified to the
                        Contractor by the City at the time of the contract;
                   iv. ―This project receives funding under the American Recover and
                       Reinvestment Act of 2009 (ARRA)‖, adjacent to the ARRA logo, which the
                       contractor or sign maker maker may obtain from the USEPA Region
                       Grants Office.
                   v. ―Posted on,‖ followed by the date the sign was posted; task includes the
                      posting/erection of required site signage…ARRA requirements
   3. The task shall include transportation of personnel, equipment, and operating supplies to
      the site; establishment of any required offices, buildings, and other necessary facilities at
      the site; and other preparatory work at the site.
   4. The contractor will construct or install silt fencing and other measures as necessary
      to comply with New Jersey regulations pursuant to the Soil Erosion and Sediment
      Control Act, and the requirements of a site-specific Soil Erosion and Sedimentation
      Control (SESC) Plan, which will be prepared and provided to the contractor by a third
      party engineering firm (the Site Engineer).
   5. Prior to commencement of the project, the Contractor shall take a series of digital photos
      that will form the basis of existing conditions prior to the work.

   Part 2 – Payment
       Compensation to the contractor for performance of the project tasks described in this
       section will be made on the basis of the lump sum bids provided by the contractor on
       the Bid Price Form for Task 1.

                                                  A4-34
SECTION 03000 – BACKFILL AND TOPSOIL
PART 1 - GENERAL

101.1 SUMMARY

      A.   This Section is to govern material selection for backfill and topsoil.

101.2 REFERENCES

      A.   American Association of State Highway and Transportation Officials:
           1.     Only ASTM Designation tests are to be performed. Any reference to
                  AASHTO specification testing standards is to be replaced with the
                  appropriate ASTM test standard.

      B.   American Society for Testing and Materials:
           1.     ASTM D-1557 - Standard Test Method for Laboratory Compaction
                  Characteristics of Soil Using Modified Effort (6,000 ft-lbf/ft3 (2,700 kN-
                  m/m3)).
           2.     ASTM D-2487 - Standard Classification of Soils for Engineering Purposes
                  (Unified Soil Classification System).
           3.     ASTM D-2922 - Standard Test Method for Density of Soil and Soil-
                  Aggregate in place by Nuclear Methods (Shallow Depth).

101.3 SUBMITTALS

      A.   Material Source: Submit name and location of imported materials source.

      B.   Materials must meet NJAC 7:26E and be approved prior to bringing on site.

101.4 QUALITY ASSURANCE

      A.   Furnish each fill and topsoil material from single source throughout the
           Work.

      B.   Perform Work in accordance with New Jersey Department of
           Transportation (NJDOT) Standard Specifications for Road and Bridge
           Construction - 2007, Section 203.03.02.

PART 2 - PRODUCTS

2.1   BACKFILL MATERIAL

      A.   All materials are to be clean and well-graded. Gap graded or uniform
           graded materials will not be accepted at the sole discretion of the Engineer.

2.2   TOPSOIL MATERIALS

      A.   Topsoil selection and placement shall conform to NJDOT standards and
           Sections 806, 809, and 909.


                                         A4-35
2.3   SOURCE QUALITY CONTROL

      A.     Testing and Analysis of Subsoil Material: Perform in accordance with
             NJDEP’s criteria for unrestricted use fill.

      B.     Testing and Analysis of Topsoil Material: Perform in accordance with
             NJDEP’s criteria for unrestricted use fill.

      C.     When tests indicate materials do not meet specified requirements, change
             material and retest.

      D.     Furnish materials of each type from same source throughout the Work.

PART 3 - EXECUTION

STOCKPILING

      A.     Stockpile materials on site at locations indicated or designated by Site
             Engineer.

      B.     Direct surface water away from stockpile site to prevent erosion or
             deterioration of materials.

      C.     Stockpile materials on impervious material and cover to prevent erosion
             and leaching, until disposed of.

STOCKPILE CLEANUP

      A.     Remove stockpile, leave area in clean and neat condition. Grade site
             surface to prevent free standing surface water.

      B.     When borrow area is indicated, leave area in clean and neat condition.
             Grade site surface to prevent free standing surface water.
PART 2 PAYMENT
No separate payment will be made for Section 3000 – Backfill and Topsoil. Payment for this
work shall be included in the unit prices bid for Task 5 – Site Restoration.




                                END OF SECTION – 3000




                                          A4-36
                                                                                  28 - 97228809 - 0   Page 4
                                 Administrative Conditions
1. ADVANCE METHOD OF PAYMENT

In accordance with EPA regulations, the recipient is authorized to receive advance payments under this
agreement, provided that the recipient takes action to minimize the time elapsing between the transfer of
funds from EPA and the disbursement of those funds.

2. DRUG-FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS

The recipient organization of this EPA assistance agreement must make    an  ongoing, good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CPR 36.200 ­
36.230. Additionally, in accordance with these regulations, the recipient orgapization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.                                                                 .

Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR
36.300.

The consequences for violating this condition are detailed underTitle 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at
http://www.access.gpo.gov/nara/cfr/waisidx_06/40cfr36_06.html.

3. FINANCIAL REQUIREMENTS

Under the Automated Standard Application for Payments (ASAP), the recipient initiates an electronic or
voice-activated telephone payment request which is approved or rejected based on the amount of
available funds authorized by EPA in the recipient's account. Approved funds are credited to the
recipient organization at the financial institution identified on the recipient's ASAP enrollment
application.

The recipient agrees to the following conditions in accepting this assistance agreement: .

        (a)     Cash draw down will be made only as actually needed for its disbursement;

        (b)     The recipient will provide timely reporting of cash disbursements and balances as
                required;

        (c)     The recipient will impose the same standards of timing and reporting on
                secondary recipients, if any.

Failure on the part of the recipient to comply with the above conditions may cause the undisbursed
portions of the assistance agreement to be revoked and financing method changed to a reimbursable
basis.

4. FINANCIAL STATUS REPORTS/GRANT CLOSEOUT

A) Interim Financial Status Reports (FSR)

An Interim Financial Status Report (FSR-SF269) is to be submitted to the appropriate EPA Grants
Management Office 90 days after the anniversary of the project period start date. Interim FSRs should be
submitted to:
               Roch Baamonde, Chief
               Grants and Contracts Management Branch
                                                  USEPA Region 2

                                                  290 Broadway, 27th Floor

                                                  New York, NY 10007


B) Final Financial Status Reports

Pursuant to 40 CFR 31.41 (b) and 31.50(b), EPA recipients shall submit a final Financial Status Report ­
also called the SF269 - to EPA's Las Vegas Finance Center (LVFC), within ninety (90) days after the
expiration of the budget period end date. Assistance agreement recipients must also send Federal Cash
Transaction Reports (SF-272) annually to the LVFC; the SF-272 is due IS working days after December
31. Please note that these reports are required by EPA grant regulations (see 40 Code of Federal
Regulations §31.41(c». Completed SF269s and SF272s must be faxed to 702-798-2423 or mailed to the
following address: USEPA LVFC, P.O. Box 98515, Las Vegas, NY 89193-8515. Thei..VFC will make
adjustments, as necessary, to obligated funds after reviewing and accepting a final Financial Status,
Report.

C) Closeout

The Administrative Closeout Phase for this grant will be initiated with the submission of a "fInal" FSR.
At that time, the recipient must submit the following forms/reports to the EPA Grants Management
n.r+;n~· -if" "''"'"1 .. ,. 10.10.
"""'..a....l. ...,,'" ... ..a..   ....py......"   u.n....



                                                  - Federally Owned Property Report
                                                  - An Inventory of all Property Acquired with federal funds
                                                  - Contractor's or Grantee's Invention Disclosure Report (EPA Form 3340-3)

Additionally, the recipient's Final Request for Payment should be submitted to the LVFC.

5. HOTEL-MOTEL FIRE SAFETY

Pursuant to 40 CPR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space
for conferences, meetings, conventions, or training seminars funded in whole or in part with federal
funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (pL
101-391, as amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs.gov/applicationslhotelJ to see if a property is in compliance (FEMA ill .is currently
not required), or to find other information about the Act.

6. LOBBYING AND LITIGATION - ALL RECIPIENTS

The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shan abide by its respective OMB
Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the
United States or for lobbying or other political activities.

RESTRICTIONS ON LOBBYING

The r~cipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient
shall mclude the language of this provision in award documents for all subawards exceeding $100,000,
and require that subrecipients submit certification and disclosure forms accordingly.

In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited
expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall
be sUbj~ct to a civil penalty of not less than $10,000 and not more than $100,000 for each such
expendIture.
7. MANAGEMENT FEES

Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in
order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other
similar costs which are not allowable under this assistance agreement. Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the
extent authorized as a direct cost of carrying out the scope of work.


8. EXTENSION OF PROJECTIBUDGET PERIOD EXPIRATION DATE (pART 31)

If a no cost time extension is necessary to extend the period of availability of funds (budget period), the
recipient must submit a written request, including a justification as to why additional time is needed and
an estimated date of completion to th~ EPA, Grants Management Office prior to the budgetJproject
period expiration dates. An interim FSR must be submitted along with the request which covers all
expenditures and obligations to date.

9. RECYCLING AND WASTE PREVENTION

in accordance with the poiices set forth in EPA Order 1000.25 and Executive Order 13423,
Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007) and or
40 CFR 30.16, the recipient agrees to use recycled paper and double sided printing for all reports which
are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to
reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper
and are available through the General Services Administration.

STATE AGENCIES AND POLmCAL SUBDIVISIONS

In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply
to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such
items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002
requires that preference be given in procurement programs to the purchase of specific products
containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in
40CFR247.

10. REIMBURSEMENT LIMITATION

EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date
as shown on line 15 in its approved EPA budget. If the recipient incurs costs in anticipation ofreceiving
additional funds from EPA, it does so at is own risk. The recipient is responsible for ensuring that
projects funded under this agreement avoid unnecessary delays and are completed within the EPA
approved budget.                                         .

11. SINGLE AUDIT INFORMATION FOR RECIPIENTS OF RECOVERY ACT FUNDS

In accordance with OMB Circular A-133, which implements the single Audit Act, the recipient hereby
agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total
Federal funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days
after receiving the report from the auditor, the recipient shall submit a copy of the SF-SAC and a Single
Audit Report Package. For fiscal periods 2002 to 2007 recipients are to submit hard copy to the
following address:
         Federal Audit Clearinghouse
                      Ih
         1201 East 10 Street

         Jeffersonville, IN 47132


For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF-SAC and a Single
Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. Complete
information on how to accomplish the 2008 and beyond Single Audit Submissions is available on the
Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/

Recovery Act Transactions listed, in Schedule of Expenditures of Federal
Awards .and Recipient Responsibilities for Informing Sub-recipients

(a) To maximize the transparency and accountabili'ty of funds authorized under the American Recovery
and Reinvestment Act of 2009 (Public Law 111-S)(Recovery Act) as required by Congress and in
accordance with 2 CFR 215, subpart_.21 "Uniform Administrative Requirements for Grants and
Agreements" and OMB A-I 02 Common Rules provisions, recipients agree to maintain records that
identify adequately the source and application ofRecovery Act funds.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-B3,
"Audits of States, Local Governments, and Non-Profit Organizations," recipients agree to separately
identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of
Federal AWwds (SEFA) and the Data Collection Form (SF-SAC) required by o~m Circular A-D3. n-~5
shall be accomplished by identifying expenditures for Federal awards made under Recovery Act
separately on the SEFA, and as separate rows under Item 9 ofPart ill on the SF-SAC by CFDA number,
and inclusion of the prefix ••ARRA-" in identifying the name of the Federal program on the SEFA and as
the first characters in Item 9d ofPart ill on the SF-SAC.
(c) Recipients agree to separately identify to each sub-recipient, and document at the time of sub-award
and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of
Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the
information furnished to sub-recipients shall distinguish the sub-awards of incremental Recovery Act
funds from regular sub-awards under the existing program.
(d) Recipients agree to require their sub-recipients to include on their SEFA information to specifically
identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This
information is needed to allow the recipient to properly monitor sub-recipient expenditure of ARRA
funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.

12. SUBAWARD POLICY

    a.   The recipient agrees to:

         (I)	    Establish all subaward agreements in writing;
         (2)	    Maintain primary responsibility for ensuring successful completion of the EPA-approved

                 project (this responsibility cannot be delegated or transferred to a subrecipient);
         (3)	    Ensure that any subawards comply with the standards in Section 21O(a)-(d) ofOMB
                 Circular A-133 and are not used to acquire commercial goods or services for the
                 recipient;
         (4)	    Ensure that any subawards are awarded to eligible subrecipients and that proposed
                 subaward costs are necessary, reasonable, and allocable;
         (5)	    Ensure that any subawards to SOI(c)(4) organizations do not involve lobbying activities;
         (6)	    Monitor the performance of their recipients and ensure that they comply with
                 all applicable regulations, statutes, and terms and conditions which flow down in
                 the subaward; .
         (7)	    Obtain EPA's consent before making a subaward to a foreign or international
                 organization, or a subaward to be performed in a foreign country; and
        (8)	    Obtain approval from EPA for any new subaward work that is not outlined in the
                approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.

   b.	 Any questions about subrecipient eligibility or other issues pertaining to subawards should be
       addressed to the recipient's EPA Project Officer. Additional information regarding subawards
       may be found at http://www.ema.gov/ogd/guide/subaward-policy-part-2.pdf.Guidance for
       distinguishing between vendor and subrecipient relationships and ensuring compliance with
       Section 210(a)-(d) ofOMB Circular A-133 can be found at
       http://www.epa.gov/ogd/guide/subawards-appendix-b.pdf and
       http://www.whitehouse.gov/omb/circularsla133/aI33.html.

    c.	 The recipient is responsible for selecting its subrecipients and, if applicable, for conducting
        subaward competitions.

13. SUSPENSION AND DEBARMENT

Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled
"Responsibilities ofParticipants Regarding Transactions (Doing Business with Other Persons)."
Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of
2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition
requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a
similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that
failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of
this assistance agreement, or pursuance of legal remedies, including suspension and debarment.

Recipient may access the Excluded Parties List System at www.emls.gov.This term and condition
supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other
Responsibility Matters."

14. TRAFFICKING VICTIM PROTECTION ACT OF 2000

To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as
amended, the following provisions apply to this award:

a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Statement below
through conduct that is either: (a) associated with performance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below.

b. Our right to terminate unilaterally that is described in paragraph a of this award term: (l) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this
award.

c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.

Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is
in effect; or use forced labor in the performance of the award or subawards under the award.

15. CERTIFICATIONS

Prior to obligating funds for a particular project, recipient must (a) provide a certification from the
Governor or Chief Environmental Executive, as appropriate, stating that (1) the infrastructure investment
has received the full review and vetting required by law, and (2) the Governor or Chief Environmental
Executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer
dollars; and (b) ensure that the certification is posted on a website and linked to www.recovery.gov. The
certification shall include a description of the investment, the estimated total cost, and the amount of
awarded funds to be used. For the purposes of this term and condition, "obligating funds" means
entering into a contract requiring payment for specified goods or services or entering into a loan,
reserving funds for a loan guarantee or bond issuance, or making a subaward (subgrant) of financial
assistance.

16. SECTION 1512 REPORTING AND REGISTRATION REQUIREMENTS

Reporting and Registration Requirements under Section 1512 of the American Recovery and
Reinvestment Act of 2009, Public Law 111-5
(a) TItis awanl rt:quirt:s tht: rt:cipit:nt to compldt: projt:cls or aclivilit:s which art: fumlt:u unua iht:
American Recovery and Reinvestment Act of 2009 ("Recovery Act") and to report on use of Recovery
Act funds provided through this award. Information from these reports will be made available to the
public.
(b) The initial report is due by October 10,2009. Thereafter, the reports are due no later than ten

calendar days after each calendar quarter in which the recipient receives the assistance award funded in

whole or in part by the Recovery Act.

(c) Recipients and their first-tier recipients must maintain current registrations in the Central Contractor

Registration (www.ccr.gov) at all times during which they have active federal awards funded with

Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (

www.dob.com) is one of the requirements for registration in the Central Contractor Registration.

(d) The recipient shall report the information described in section l512(c) using the reporting instructions
and data elements that will be provided online at www.FederalReporting.gov and ensure that any
information that is pre-filled is corrected or updated as needed.

17. INSPECTOR GENERAL REVIEWS

In addition to the access to records provisions of2 CFR 215.53 or 40 CFR 31.42, and in accordance with
the provisions of section 1515 of the American Recoyery and Reinvestment Act of 2009 (ARRA),
recipient agrees to allow any appropriate representative of the Office of Inspector General to (1) examine
any records of the recipient, any of its procurement contractors and subcontractors or subgrantees, or any
State or local agency administering such contract, that pertain to, and involve transactions relating to, the
procurement contract, subcontract, grant or subgrant; and (2) interview any officer or employee of the
recipient, subcontractor, grantee, subgrantee, or "agency regarding such transactions.

The Grantee is advised that providing false, fictitious or misleading information with respect to the
receipt and disbursement of EPA grant funds may result in criminal, civil or administrative fines and/or
penalties.

Recipient should be aware that the fmdings of any review, along with any ~udits, conducted by an
inspector general of a Federal department or executive Agency and concerning funds awarded under
ARRA shall be posted on the inspector general's website and linked to www.recovery.gov, except that
information that is protected from disclosure "under sections 552 and 552a of title 5 , United States Code
may be redacted from the posted version.
18. PROTECTION OF WHISTLEBLOWERS

In accordance with section 1553 of the American Recovery and Reinvestment Act of 2009 (Act),
recipient agrees that employees of non-Federal employer receiving covered funds may not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in
the ordinary course of an employee's duties, to the Recovery Accountability and Transparency Board, an
inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement Agen«y, a person with supervisory authority over the employee, a court or grand jury, the
head of a Federal agency, or their representatives, information that the employee reasonably believes is
evidence of (l) gross mismanagement of an agency contract or grant relating to grant funds; (2) a gross
waste of covered funds; (3) a substantial and specific danger to public health or safety related to
implementation or use of grant funds; (4) an abuse of authority related to implementation or use of
covered funds; or (5) a viola,tion oflaw, rule, or regulation related to a grant awarded or issued relating to
covered funds.

19. FALSE CLAIM

The grantee, and its sub-grantees must promptly refer to EPA's Inspector General any credible evidence
that a principal, employee, agent, sub-grantee contractor, subcontractor, loan recipient, or other person
has submitted a false claim under the False Claims Act or has committed a criminal or civil Violation of
laws pertaining to fraud. conflict of interest. bribery. gratuity, or similar misconduct involving funds
provided under this grant or sub-grants awarded by the grantee.                                  .

 20. PREFERENCE FOR QUICK-START ACTIVITIES

Recipient shall use funds in a manner that maximizes job creation and economic benefit. And, recipients
using funds for infrastructure investment must give preference to funding activities that can be started
and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that
can be initiated not later than JUne 17,2009.

21. LIMIT ON FUNDS

Recipient shall not use funds for particular activities for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.

22. BUY AMERICAN

Section 1605 Buy American Requirement - iron, steel, and/or manufactured goods not covered
under international agreements

REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS­
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
   (a) Definitions. As used in this award term and condition­
      "Manufactured good" means a good brought to the construction site for incorporation into the
      building or work that has been-      .
       (l) Processed into a specific form and shape; or
       (2) Combined with other raw material to create a material that has different properties than the
       properties of the individual raw materials.

       "Public building" and "public work" means a public building of, and a public work of, a
       governmental entity (the United States; the District of Columbia; commonwealths, territories, and
       minor outlying islands of the United States; State and local governments; and multi-State,
       regional, or interstate entities which have governmental functions). These buildings and works
       may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways,
       tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports,
  tenninals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals,
  and the construction, alteration, maintenance, or repair of such buildings and works.

  "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon,
  and may include other elements.

(b) Domestic preference .                   .
 (1) This award term and condition implements Section 1605 of the American Recovery and

 Reinvestment Act of 2009 (Recovery Act)(Pub. L. 111-5), by requiring that all iron, steel, and

 manufactured goods used in the project are produced in the United States except as provided in

 paragraph (b)(3) and (b)(4) of this term and condition.

  (2) This requirement does not apply to the material listed by the Federal Government. All "Buy

  American Waivers" are published in the Federal Register and published at

  http://www.epa.gov/recovery/.

  (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph
  (b)(2) of this term and condition if the Federal government determines tbat­
     (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The
     cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the
     cumulative cost of such material will increase the cost of the overall project by more than 25
     percent;
    '~':\.rrl-.o   .:...,..,_   ,..... 'O'Ql        "'_,.:II,.......   _"'_n~nn.+,,._'"'A                     __ ,..,A ':S __ + __"",:1... ""- .... ,......:1   ,.._.... ~,.. ..........._,...,:I .:- +k   TT_.:........ ..3

    \J.J.j ... U,"" .l.lVU,     .:.0"''"''''''.1,   ,,"-J.UI V.I       .I.l.1.....Uy.L"""" .........   ""u.   5VVU J.          liVe. }.I1VU","",-,"U, VJ. J.J.JU.lJ.u.J.""""'u.J.,""U J.ll uu              \,JJ.J.U,,",,U


    States in sufficient and reasonably available quantities and of a satisfactory quality; or
    (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
    with the public interest.

(c) Requestfor determination ofinapplicability ofSectiolJ, 1605 ofthe Recovery Act.
      (1 )(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
      with paragraph (b)(3) of this term and condition shall include adequate information for Federal
      Government evaluation of the request, including­
              (A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
              (B) Unit ofmeasure;
              (C) Quantity;
              (D) Cost;
              (E) Time of delivery or availability;
              (F) Location of the project;
              (G) Name and address of the proposed supplier; and
              (II) A detailed justification of the reason for use of foreign iron, steel, and/or
              manufactured goods cited in accordance with paragraph (b)(3) ofthis term and condition.
          (ii) A request based on unreasonable cost shall include a reasonable survey of the market and
          a completed cost comparison table in the format in paragraph (d) of this term and condition.
          (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery
          costs to the construction site and any applicable duty.
          (iv) Any recipient request for a determination submitted after Recovery Act fwids have been
          obligated for a project for construction, alteration, maintenance, or repair shall explain why
          the recipient could not reasonably foresee the need for such determination and could not
          have requested the determination before the funds were obligated. If the recipient does not
          submit a satisfactory explanation, the award official need not make a determination.
     (2) If the Federal government determines after funds have been obligated for a project for
     construction, alteration, maintenance, or repair that an exception to section 1605 ofthe Recovery
     Act applies;the award official will amend the award to allow use of the foreign iron, steel, and/or
     relevant manufactured goods. When the basis for the exception is nonavailability or public
     interest, the amended award shall reflect adjustment of the award amount, redistribution of
    budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the
     foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the
     unreasonable cost of the ?omestic iron, steel, or manufactured goods, the award official shall
      adjust the award amount or redistribute budgeted funds by at least the differential established in
      2 CFR 176.110(a).
      (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery
      Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section
      1605 of the American Recovery and Reinvestment Act.

   (d) Data.
      To permit evaluation ofrequests under paragraph (b) of this term and condition based on
       unreasonable cost, the Recipient shall include the following information and any applicable
       supporting data based on the survey of suppliers:

                 FOREIGN AND DOMESTIC ITEMS COST COMPARISON
              Description            Unit of Measure  Quantity                 Cost (Dollars)*
  Item 1:
  Foreign steel, iron, or manufactured
   good
  Domestic steel, iron, or
   manufactured good
   Item 2:
   .Foreign steel, iron, or manufactured
   good
   Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers
surveyed. Attach copy of response; if oral,
attach summai-y.]
[Include other applicable supporting information.]
 * Include all delivery costs to the construction site.]
Section 1605 Buy American Requirement - iron. steel. and/or manufactured goods covered under
international agreements     .

Required Use of American Iron, Steel, and Manufactured Goods (covered under International
Agreements)-Section 1605 of the American Recovery and Reinvestment Act of 2009.

   (a) Definitions. As used in this award term and condition­ 

      "Designated country"­
      (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria,'
       Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
       Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic
       of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland,
       Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and
       United Kingdom;
      (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica,
       Dominican Republic, EI Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua,
       Oman, Peru, or Singapore); or
      (3) A United States-European Communities Exchange of Letters (May 15, 1995) country:
       Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
       Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands,
       Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.

      "Designated country iron, steel, and/or manufactured goods" ­
      (1) Is wholly the growth, product, or manufacture ofa designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from another
 country, has been substantially transformed in a designated country into a new and different
 manufactured good distinct from the materials from which it was transfonned.

"Domestic iron, steel, and/or manufactured good" -­
(I) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another
 country, has been substantially transfonned in the United States into a new and different
 manufactured good distinct from the materials from which it was transfonned. There is no
 requirement with regard to the origin of components or subcomponents in manufactured goods or
 products, as long as the manufacture ofthe goods occurs in the United States.

"Foreign iron, steel, and/or manufactured good" means iron, ·steel and/or manufactured good that
 is not domestic or designated country iron, steel, and/or manufactured good.

"Manufactured good" means a good brought to the construction site for incorporation into the
building or work that has been-­
  (l) Processed into a specific fonn and shape; or
  (2) Combined with other raw material to create a material ~t has different properties than the
  properties of the individual raw materials.

"Public building" and "public work" means a public building of, and a public work of, a
 governmental entity (the United States; the District of Columbia; commonwealths, territories,
 and minor outlying islands of the United States; State and local governments; and multi·State,
 regional, or interstate entities which have governmental functions). These buildings and works
 may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways,
 tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports,
 terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and
 canals, and the construction, alteration, maintenance, or repair of such buildings and works.

"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and
  may include other elements.

  (b) Iron. ste.el. and manufactured goods .
     (1) This award term and condition implements
            (i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L.
              111-5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used
              in the project are produced in the United States; and
            (ii) Section 1605(d), which requires application of the Buy American requirement in a
            manner consistent with U.S. obligations under international agreements. The restrictions
            of section 1605 ofthe Recovery Act do not apply to designated country iron, steel,
            and/or inanufactured goods. The Buy Arnericanrequirement in section 1605 shall not be
            applied where the iron, steel or manufactured goods used in the project are from a Party
            to an international agreement that obligates the recipient to treat the goods and services
            of that Party the same as domestic goods and services. This obligation shall only apply
            to projects with an estimated value of $7,443,000 or more.
      (2) The recipient shall use only domestic or designated country iron, steel, and manufactured
      ·goods in performing the work funded in whole or part with this award, except as provided in
      paragraphs (b)(3) and (b)(4) of this term and condition.                               .
      (3) The requirement in paragraph (b)(2) of this term and condition does not apply to the iron,
       steel, and manufactured goods listed by the Federal Government All "Buy American
       Waivers" are published in the Federal Register and published at
       http://www.epa.gov/recovery/.
      (4) The award official may add other iron. steel, and manufactured goods to the list in
      paragraph (b)(3) ofthis award term and condition if the Federal government detennines
    that­
        (i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable.
         The cost of domestic iron, steel, and/or manufactured goods used in the project is
         unreasonable when the cumulative cost of such material will increase the overall cost
         of the project by more than 25 percent;
         (ii) The iron, steel, and/or manufactured goods is not produced, or manufactured in the
         United States in sufficient and reasonably available commercial quantities of a
         satisfactory quality; or
         (iii) The application of the restriction of section 1605 of the Recovery Act would be
         inconsistent with the public interest.

   (c) Requestfor determination ofinapplicability ofsection 1605 ofthe Recovery Act or the Buy
     AmerironAd.                        .
         (1 )(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in
          accordance with paragraph(b)(4) of this term and condition shall include adequate
          information for Federal Government evaluation of the request, including­
                   (A) A description of the foreign and domestic iron, steel, and/or manufactured
                   goods;
                   (B) Unit of measure;,
                   (c) Quantity;
                   (D) Cost;
                   (E) Time of delivery; or availability;
                   (F) Location of the project;
                   (G) Name and address of the proposed supplier; and
                   (H) A detailed justification of the reason for use of foreign iron, steel, and/or
                    manufactured goods cited in accordance with paragraph (b)(4) of this term and
                    condition.
               (ii) A request based on unreasonable cost shall include a reasonable sw:vey of the
               market and a completed cost comparison table in the format in paragraph (d) of this
               term and condition.
               (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to
               the construction site and any applicable duty.
               (iv) Any recipient r;equest for a determination submitted after Recovery Act funds
               have been obligated for a project for construction, alteration, maintenance, or repair
                shall explain why the recipient could not reasonably foresee the need for such
               determination and could not have requested the determination before the funds were
               obligated. If the recipient does not submit a satisfactory explanation, the award
               official need not make a determination.
          (2) If the Federal government determines after funds have been obligated for a project
             for construction, alteration, maintenance, or repair that an exception to section 1605 of
             the Recovery Act applies, the award official will amend the award to allow use of the
             foreign iron, steel, and/or relevant manufactured goods. When the basis for t1:le
             exception is no availability or public interest, the amended award shall reflect
             adjustment of the award amount, redistribution of budgeted funds, and/or other
             appropriate actions taken to cover costs associated with acquiring or using the foreign
             iron, steel, and/or relevant manufactured goods.. When the basis for the exception is
             the unreasonable cost of the domestic iron, steel, or manufactured goods, the award
             official shall adjust the award amount or redistribute budgeted funds, as appropriate,
             by at least the differential established in 2 CFR 176.11 O(a).

              FOREIGN AND DOMESTIC ITEMS COST COMPARISON
            Description       -I Unit of Measure I Quantity Cost (Dollars)*   I
Item 1:
Foreign steel, iron, or manufactured
                                        I                     I               I
       good
       Domestic steel, iron, or manufactured
       good
       Item 2:
       Foreign steel, iron, or manufactured
       good
       Domestic steel, iron, or manufactured good
    [List name, address, telephone number, email address, and contact for suppliers surveyed.
    Attach copy of response;
    'f oral, attach summary.]
    [Include other applicable supporting information.]
     * Include all delivery costs to the construction site.]

                (3) Unless the Federal Government determines that an exception to the section 1605 of
                the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other
                than designated country iron, steel, and/or manufactured goods is noncompliant with the
                applicable Act.

            (d) Data . To pennit evaluation ofrequests under paragraph (b) ofthis term and condition
            ha!';ed on unrea~onahleco~t. the annlicant ~hall include the followlnQ' infonnation . "
                                       "      ......                             . . . , lInnllnv
            applicable supporting data based on the survey of suppliers:

[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach

copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site).]


23. PAYMENT TO CONSULTANTS

EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by
recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for
a Level N of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to
consultation services of designated individuals with specialized skills who are paid at a daily or hourly
rate. As of January 1,2009, the limit is $587.20 per day and $73.40 per hour. This rate does not include
transportation and subsistence costs for travel performed (the recipient will pay these in accordance with
their normal travel reimbursement practices).

Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the
recipient with responsibility for the selection, direction, and control of the individuals who will be
providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 3l.36(j) or
30.27(b).

24.0MB GUIDANCE

This award is subject to all applicable provisions of implementing guidance for the American Recovery
and Reinvestment Act of 2009 issued by the United States Office of Management and Budget, including
the Initial Implementing Guidance for the American Recovery and Reinvestment Act (M-Q9-10) issued
on February 18,2009 and available on www.recovery.gov, and any subsequent guidance documents
issued by OMB.

25. FALSE, FICTITIOUS OR MISLEADING INFORMATION

The Grantee is advised that providing false, fictitious or misleading information with respect to the
receipt and disbursement of EPA grant funds may result in criminal, civil or administrative fines and/or
penalties.                                                               .

26. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES

GENERAL COMPLIANCE, 40 eFR, Part 33

The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small,

Minority and Women1s Business Enterprises in procurement under assistance agreements, contained in

40 CPR, Part 33.


FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D

A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share

objectives for MBE and WBE (MBEIWBE) participation in procurement under the financial assistance

agreements.


Accepting the Fair Share Objectives/Goals of Another Recipient

The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of all of

the recipient' s non-TAG assistance agreements from EPA in the curren~ fiscal year is $250,000, or more.

The recipient accepts the applicable MBEIWBE fair share objectives/goals negotiated with EPA by the

New Jersey Department of Environmental Protection as follows:


    - for New Jersey MBE: Equipment, Supplies and Services: 1.1 %

    - for New Jersey WBE: Equipment, Supplies and Services: 3.4%


By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals

stated above and attests to the fact that it is purchasing the same or similar construction, supplies,

services and equipment, in· the same or similar relevant geographic buying market as New Jersey

Department of Environmental Protection.


Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404

The recipient has the option to negotiate its own MBEIWBE fair share objectives/goals. If the recipient

wishes to negotiate its own MBEIWBE fair share objectives/goals, the recipient agrees to submit.

proposed MBElWBE objectives/goals based on an availability analysis, or disparity study, of qualified

MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and

equipment.


The submission of proposed fair share goals with the supporting analysis or disparity study means that
the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to
submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity
study, to the Regional MBElWBE Coordinator within 120 days of its acceptance of the financial
assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of
receiving the submission. Ifproposed fair share objective/goals are not received within the 120 day time
frame, the recipient may not expend its EPA funds for procurements until the proposed fair share
objective/goals are submitted.

SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C                                       .
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA fmancial assistance
agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records
documenting compliance with the six good faith efforts shall be retained:

        (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable
        through outreach and recruitment activities. For Indian Tribal, State and Local and Government
        recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they
        are potential sources.
        (b) Make information on forthcoming opportunities available to DBEs and arrange time frames
        for contracts and establish delivery schedules, where the requirements pennit, in a way that
        encourages and facilitates participation by DBEs in the competitive process. This includes,
        whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days
        before the bid or proposal closing date.

        (c) Consider in the contracting process whether firms competing for large contracts could
        subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will
        include dividing total requirements when economically feasible into smaller tasks or quantities to
        permit maximum participation by DBEs in the competitive process.

        (d) Encourage contracting with a consortium ofDBEs when a contract is too large for one of
        these ftrms to handle individually.

        (e) Use the services and assistance of the SBA and the Minority Business D.evelopnient Agency
        of the Department of Commerce.

        (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
        paragraphs (a) through (e) ofthis section.

MBEIWBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503

The reports must be submitted semiannually for the periods ending March 31st and September 30th for:

        -Recipients offtnancial assistance agreements that capitalize revolving loan programs (CWSRF,

        DWSRF, Brownftelds); and

        -All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35,

        Subpart A and Subpart B recipients are annual reporters).


The reports are due within 30 days of the end ofthe semiannual reporting periods (April 30th and

October 30th). Reports should be sent to Michele Junker, the Region 2 DBE Coordinator. Final

MBEIWBE reports must be submitted within 90 days after the project period of the grant ends. Your

grant cannot be officially closed without all MBElWBE reports.


EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on

the Internet at http://www.epa.gov/osbp/grants.htm.


CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302

The recipient agrees to comply with the contract administration provisions of 40 CfR, Section 33.302.


BIDDERS LIST, 40 CFR, Section 33.S01(b) and (e)

Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create

and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving

loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if

the recipient ofthe loan is subject to, or chooses to follow, competitive bidding requirements. Please see

40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions.


27. ARRA LOGO

This project receives funding under the American Recovery and Reinvestment Act of 2009 (ARRA) and
the grantee, sub-grantee or loan recipient must display the ARRA Logo in a manner that informs the
public that the project is an ARRA investment. The ARRA logo may be obtained from the EPA grants
office listed in this award document. If the EPA logo is displayed along with the ARRA logo and logos
of other participating entities, the EPA logo must not be displayed in a manner that implies that EPA
itself is conducting the project. Instead, the EPA logo must be accompanied with a statement indicating
that the grantee, sub-grantee or loan recipient received financial assistance from EPA for the project.

28.	 ADHERENCE TO CIVIL RIGHTS LAWS

Recipients and subrecipients of Recovery Act funds or other Federal financial assistance must comply
with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of
the Education Amendments of 1972, the Age Discrimination Act of 1975, and a variety of
program-specific statutes with nondiscrimination requirements.

Other civil rights laws may impose additional requirements on recipients and subrecipients. These laws
include, but are not limited to, Title VII of the Civil Rights Act of 1964 (prohibiting race, color, national
origin, religion, and sex discrimination in employment), the Americans with DisabilitiesAct (prohibiting
disability discrimination in employment and in services provided by State and local governments,
businesses, and non-profit agencies), and the Fair Housing Act (prohibiting race, color, national origin,
age, family status, and disability discrimination in housing), as'well as any other applicable civil rights
laws.

For questions about these civil rights obligations, please call the EPA's Office of Civil Rights at
202-564-7272 or contact us via e-mail: hup:llwww.epa.gov/civilrights/comments.htm.

29. PRE-AWARD COSTS FOR RECOVERY ACT GRANTS TO STATE AND LQCAL
GOVERNMENTS SUBJECT TO 40 CFR PART 31 OTHER THAN CLEAN WATER OR
DRINKING WATER STATE REVOLVING FUND CAPITILIZATION GRANTS

In accordance with 2 CFR Part 225, Appendix B, Item 31, costs the recipient incurred up to 90 days prior
to award that were negotiated with EPA in anticipation of the award, including preparing for expending
funds made available by the American Recovery and Reinvestment Act, and are necessary to comply
with the schedule for delivering work products during the period of performance are allowable provided
the costs:

       1.	 Are eligible under the statutory authority for the award and are otherwise allowable under 2 CFR
           Part 225, and;
       2.	 Are for activities descnbed in the EPA approved scope of work and included in the EPA
           approved budget, and;                                        .
       3.	 Were incurred in compliance with the procurement provisions of 40 CFR Part 31, 40 CFR Part
           33, and if applicable, 40 CFR Part 35, Subpart 0, and;
       4.	 Were not incurred for activities directly related to a casino or other gambling establishment,
           aquarium, zoo, golf course, or swimming pool, and;
       5.	 Further the goals of the Am~can Recovery and Reinvestment Act to create and preserve jobs,
           promote economic recovery, and invest in environmental protection, and;
       6.	 Are in compliance with the applicable provisions of the American Recovery and Reinvestment
           Act.

30.	     WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE AMERICAN
       RECOVERY AND REINVESTMENT ACT OF 2009

See Attachment.



                                    Programmatic Conditions

                               Recovery Act Cleanup Terms and Conditions
                           I. GENERAL FEDERAL REQUIREMENTS


Note: These terms and conditions contain references to EPA financial assistance regulations at 40
CFR Parts 30 and 31. 40 CFR Part 30 is applicable to non-profit and educational institution
recipients and 40 CFR Part 31 is applicable to governmental recipients.

A. Federal Policy and Guidance

1.      a. Cooperative Agreement Recipients: By awarding this cooperative agreement, EPA has
approved the proposal the Cooperative Agreement Recipient submitted in the Fiscal Year 2009
competition for Brownfields cleanup cooperative agreements. However, the CAR may not expend ("draw
down") funds to carry out this agreement until EPA's award official approves the final work plan. .

       b. In implementing this agreement, the CAR shall ensure that work done with cooperative
       agreement funds complies with the requirements of the Comprehensive Environmental Response,
       Compensation, and LiabilitY Act (CERCLA) 104(kj. The CAR shall also ensure that cleanup
       activities supported with cooperative agreement funding comply with all applicable Federal and
       State laws and regulations. The CAR must ensure cleanups are protective of human health and
       the environment.

       c. The CAR mu~t con~iner whether thev are reouiren to connuct cleanun~ lInner II State or Trihlll
                                              ~       ~                       ~



       response program. If the CAR chooses not to participate in a State or Tribal response program,
       then the CAR is required to consult with the Environmental Protection Agency (EPA) to ensure
       the proposed cleanup is protective of human health and the environment.

       d. A term and condition or other legally binding provision shall be included in all agreements
       entered into with the funds, or when funds awarded under this agreement are used in combination
       with non-Federal sources of funds, to ensure that recipients comply with all applicable Federal
       and State laws and requirements. In addition to CERCLA 104(k), Federal applicable laws and
       requirements include:

         e. The CAR agrees to comply with Executive Order 13202 (Feb. 22, 2001,66 Fed. Reg. 11225 )
       . of February 17, 2001, entitled ''Preservation 01 Open Competition and Government Neutrality
         Towards Government Contractors' Labor Relations on Federal and Federally Funded
         Construction Projects," as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg.
         18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open
         Competition and Government Neutrality Towards Government Contractors' Labor Relations on
         Federal and Federally Funded Construction Projects."

       f. Federal cross-cutting requirements including, but not limited to, MBElWBE requirements
       found at 40 CFR 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Unifonn
       Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits
       required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment
       Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work Hours and Safety
       Standards Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section
       504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250.

       g. The CAR must comply with Davis-Bacon Act prevailing wages for all
       construction, alteration and repair contracts and subcontracts awarded with EPA grant
       funds. For more detailed information on complying with Davis-Bacon Act requirements
       see the Davis- Bacon administrative T&C.

       h. This award is subject to all applicable provisions of implementing guidance for the American
       Recovery and Reinvestment Act of 2009 issued by the United States Office of Management and
       Budget (OMB), including the Updated Implementing Guidance for the American Recovery and
       Reinvestment Act (M-09-IO) issued on April 3, 2009 and available on www.recovery.gov, and
       any subsequent guidance documents issued by OMB.

B. Changes to Sites and Oeanup Methods

1.      a.      The CAR must use funds provided by this agreement to clean up the brownfield site in
the EPA approved work plan. Any changes to the boundaries of the site must be approved by EPA in       a
revised work plan.

       b.       The CAR may not make substantial changes to the cleanup method described in the
work plan without prior EPA approval.

                          n.   GENERAL COOPERATIVE AGREEMENT
                               ADMINISTRATIVE REQUIREMENTS

A. Term of the Agreement

1.      The term of this agreement is three years from the start date of the budget and project periods,
unless otherwise extended by EPA at the CAR's request.

2.       If after 1 year from the date of award. EPA determines that the CAR has not made sufficient
progress in implementing its cooperative agreement, EPA may terminate this agreement for material
non-compliance with its terms. The CAR should note that in order to ensure adequate review time, the
review of sufficient progress could begin as early as June 30, 2010 and the CAR must report on sufficient
progress no later than August 30, 2010. For purposes of the Recovery Act Cleanup Grants, "sufficient
progress in implementing a cooperative agreement" means that an appropriate remediation plan is in
place, institutional control development, ifnecessary, has commenced, initial community involvement
activities have taken place, relevant state or tribal pre-cleanup requirements are being addressed and a
solicitation for remediation services has been issued.
B. Substantial Involvement

1.     The U.S. EPA may be substantial~y involved in overseeing and monitoring this cooperative
agreement.

        a.	     Substantial involvement by the U.S. EPA generally includes administrative activities
                such as: monitoring; review of project phases; and approval of substantive tenns
                included in professional services contracts.

        b.	     Substantial EPA involvement may include reviewing financial and program performance
                reports; and monitoring all reporting, record-keeping, and other program requirements.

                c.       EPA may waive any of the provisions in term and condition n.B.i., at its own
                initiative or upon request by the CAR. EPA will provide waivers in writing.

2.	     Effect of EPA's substantial involvement includes:

        a.	     EPA's review of any project phase, document, or cost incurred under this cooperative
                agreement, will not have any effect upon CERCLA §128 Eligible Response Site
                determinations or for rights, authorities, and actions under CERCLA or any Federal
                statute.

        b.	     The CAR remains responsible for ensuring that all cleanups are protective ofhuman
                health and the environment and comply with all applicable Federal and State laws.

        c.	     The CAR remains responsible for ensuring costs are allowable under applicable OMB
                 Circulars.

C. Cooperative Agreement Recipient Roles and Responsibilities

1.       The CAR must acquire the services of a qualified environmental professional(s) to coordinate,

direct, and oversee the brownfields assessment and cleanup activities at a particular site, if they do not

have such a professional on staff.


2.     The CAR is responsible for ensuring that contractors and subgrant recipients comply with the

tenns of their agreements with the CAR, and that agreements.between the CAR and subgrant recipients

and contractors are consistent with the terms and conditions of this agreement.


  3.       Subgrants are defined at 40 CFR 31.3 and 40 CFR 30.2(f). The CAR may not subgrant to
. for-profit organizations.	 The CAR must obtain commercial services and products necessary to carry out
  this agreement under competitive procurement PrQ~dures as described in 4Q CFR 31.36 or tl;1e
  Procurement Standards of 40 CFR Part 30, as applicable. In addition, EPA policy encourages awarding
  subgrants competitively and the CAR must consider awarding subgrants thr~>ugh competition.

 D. Recovery Act Quarterly Progress Reports
 1.	 The CAR must report in three different ar,eas on Recovery Act funds.
           a.	 first, the CAn.. (and .n)' sub-recipients siich ai cunti'iietui's) must report in
                 www.FederalRe.porting.Govwithin ten calendar days after the end of each calendar
                 quarter (Recovery Act Section 1512 reporting requirements). The first report is due on
                 October 10, 2009. FederalReporting.Gov is a Government-wide system, managed by
                 OMB, which will collect information on the use of Recovery Act funds from all
                 Recovery Act fund recipients and their sub-recipients. For more information on the
                 requirements for FederalReporting.gov please see Brownfields Administrative Term &
                 Condition #25.

             b.	 Second, the CAR must report on interim progress and any fmal accomplishments by
                 completing and submitting relevant portions of the Property Profile Form (e.g., the
                 initiation of cleanup activities, the completion of cleanup activities~ institutional controls,
                 contaminants, and reuse). The CAR must submit the uPdated Property Profile Fonn
                 reflecting such events as soon as the accomplishment has occurred, or within 30 days
                 after the end of the Federal fiscal quarter in which the event occurred. The CAR will be
                 provided access to an on line reporting system, the Assessment, Cleanup and
                 Redevelopment Exchange System, by the EPA Project Officer to perform their r~orting
                 requirements. Alternately, the CAR may complete a hard copy version of the Property
                 Profile Fonn available from their EPA Project Officer or on line at:
                 http://www.e.pa.govlbrownfieldsipubslrptforms.htm.

             c.	 Third, the CAR must submit progress reports on a quarterly basis to the EPA Project
                 Officer. Quarterly progress reports must include:
                        i. Documentation ofprogress at meeting performance outcomesloutputs, project
                           narrative; project time line and an explanation for any slippage in meeting
                           established output/outcomes (see D.I.d. below for spec.ifics).
                        ii. An update on project milestones.
                        iii. A budget recap summary page with the following headings: (A) Current
                           Approved Recovery Act Budget; (B) Recovery Act Costs Incurred this Quarter; .
                           (C) Recovery Act Costs Incurred to Date; and (D) Total Remaining Recovery
                           Act Funds.            .
                        iv. If applicable, quarterly reports muSt specify costs incurred at petroleum
                           contaminated brownfields sites.
         d.	 Quarterly reports must clearly identify which activities performed during the reporting
             period were undertaken with EPAfunds, and will relate EPA-funded activities to the
             objectives and milestones agreed upon in the workplan. To the extent consistent w,ith the
             work plan for this agreement, activities undertaken wit" EPA funds to be included in
             quarterly performance reporting include:
              1.    Cleanup start date (interim measure to show grant progress)
              2.    Acres per property
              3.    Cleanup completed
              3.    Types ofcontaminants cleaned up
              4.    Acres ofgreenspace created
              5.    Engineering/institutional controls required, type, and whether they are in place
              6.    Redevelopment underway
              7.	 Funds leveraged
              8.    Jobs leveraged·
              9.	                 Health monitoring studies, insurance, and/or institutional controls
                                  funded
'" Reporting requirements for "jobs, leveraged" differs from reporting on jobs created and retained under
Term and Condition D.l.a. Please ,see EPA's Frequently Asked Questions on Brownfields Recovery Act
grants at (web site) or contact your;project officer for additional guidance.

2.	 The CAR must maintain recorqs that will enable it to report to EPA on the amount ofRecovery Act
    funds expended by the CAR at'petroleum sites.

3.	      In accordance with 40 C.F.R. § 31.40 (d), the recipient agrees to inform EPA as soon as
      problems, delays or adverse'conditions become known which will materially impair the ability to
      meet the outputs/outcomes specified in the assistance agreement workplan.

                      m.   FINANCIAL ADMINlSTRATION REQUIREMENTS

A.	 Eligible Uses of the Funds for the Cooperative Agreement Recipient

1.       To the extent allowable under the EPA-approved work plan, cooperative agreement funds may be
used for programmatic expenses necessary to clean up sites. Eligible programmatic expenses include
activities described in Section N of these terms and conditions. In addition, eligible programmatic
expenses may include:

         a.	     Ensuring cleanup activities at a particular site are authorized by CERCLA 104(k) and the
                 EPA approved work plan;

         b.	     Ensuring that a cleanup complies with applicable requirements under Federal and State
                 laws, as required by CERCLA 104(k);

         c.	     Using a portion ofthe grant to purchase environ:p1ental insurance for the remediation of.
                 the site. Funds may not be used to purchase insurance intended to provide coverage for
                 any of the ineligible uses under Section C;

         d.	     Any other eligible programmatic costs including direct costs incurred by the recipient in
                 reporting to EPA; procuring and managing contracts; awarding and managing subgrants
                 to the extent allowable in ill.C.I; and carrying out community involvement pertaining to
                 the cleanup activities.



B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient
1.	     Cooperative agreement funds shall not be used by the CAR for any of the following activities:

a.      To fund particular activities for any casino or other gambling establislunent, aquarium, zoo, golf
course, or swimming pool.

b.      Pre-cleanup environmental assessment activities such as site assessment, identification, and
characterization with the exception of site monitoring activities that are reasonable and necessary during
the cleanup process, including determination of the effectiveness of a cleanup;

c.      Monitoring and data collection necessary to apply for, or comply with, environmental permits
under other federal and state laws, unless such a permit is required as a component of the cleanup action;

d.      Construction, demolition, and development activities that are not cleanup actions (e.g.,
marketing ofproperty or construction of a new facility or addressing pll,Qlic or private drinking water
supplies that have deteriorated through ordinary use);                                             .

e.	     Job training unrelated to performing a specific cleanup at a site covered by the grant;

f.	     To pay for a penalty or fine;
                                  •
g.      To pay a federal cost share requirement (for example, a cost-share required by another Federal
grant) unless there is specific statutory authority;

h.       To pay for a response cost at a brownfields site for which the recipient of the grant is potentially
liable under CERCLA §107;

i.      To pay a cost of compliance with any federal law, excluding the cost of compliance with laws
applicable to the cleanup; and

j.	     Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars.


2.	     Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement.
        Prohibited administrative costs include all indirect costs under applicable OMB Circulars
        incurred by the CAR.

        a.	     Ineligible administrative costs include costs incurred in the form of salaries, benefits,
                contractual costs, supplies, and data processing charges, incurred to comply with most
                provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR
                Part 30 or 40 CFR Part 31. Direct costs for grant administration, with the exception of
                costs specifically identified as eligible programmatic costs, are ineligible even if the
                grant recipient is required to carry out the activity under the grant agreement. Costs
                incurred to report quarterly performance to EPA under the grant are eligible.

        b.	      Ineligible grant administration costs include direct costs for:

                 (1) Preparation of applications for Brownfields grants;

                 (2) Record retention required under 40 CFR 30.53 and 40 CFR 31.42;

                 (3) Record-keeping associated with supplies and equipment purchases required under 40
                 CFR 30.33, 30.34, and 30.35 and 40 CFR 31.32 and 31.33;

                 (4) Preparing revisions and changes in the budgets, scopes of work, program plans and
               other activities required under 40 CFR 30.25 and 40 CFR 31.30;

               (5) Maintaining and operating financial management systems required under 40 CFR 30
               and 40 CFR 31;

               (6) Preparing payment requests and handling payments under 40 CFR 30.22 and 40 CFR
               31.21 ;

               (7) Non-federal audits required under 40 CFR 30.26, 40 CFR 31.26, and OMB Circular
               A-B3; and

               (8) Close out under 40 CFR 30.71 and 40 CFR 31.50.

       c.	     The CAR must not include management fees or similar charges in excess of the direct
               costs or at the rate provided for by the terms of the agreement negotiated with EPA. The
               tenn "management fees or similar charges" refers to expenses added to the direct costs in
               order to accumulate and reserve funds for ongoing business expenses, unforeseen
               liabilities, or for other similar costs"that are not allowable under EPA assistance
               agreements. Management fess or similar charges may not be used to improve or expand
               the project funded under this agreement, except to the extent authorized as a direct cost
               of carrying out the scope of work.


C. Grant Recipient Eligibility

1.     The CAR may only clean up sites it solely owns. The CAR must retain oWnership ofthe site
throughout the period of performance of the grant. For the purposes of this agreement, the term "owns"
means fee simple title unless EPA approves a different arrangement.

D.	     Obligations for Grant Recipients Asserting a Limitation on Liability from CERCLA §107

1.       EPA awarded this cooperative agr~ent to the CAR based on information indicating that the
CAR would not use cooperative agreement funds to pay for a response cost at the site for which the CAR
was potentially liable under CERCLA 107. If the CAR is not potentially liable based on its status as
either a Bona Fide Prospective Purchaser (BFPP), Contiguous Property Owner (CPO), or Innocent Land
Owner (ILO), the CAR must meet certain continuing obligations in order to maintain its status. If the
CAR fails to meet these obligations, EPA may disallow the costs incurred under this cooperative
agreement for cleaning up the site under CERLCA 104(k)(7)(C). These continuing obligations include:

                (l) complying with any land use restrictions established or relied on in connection with
                the response action at the vessel or facility and not impeding the effectiveness or
                integrity of institutional controls;

                (2) taking reasonable steps with respect to hazardous substance releases;

                (3) providing full cooperation, assistance, and access to persons that are authorized to
                conduct response actions or natural resource restoration; and

                (4) complying with information requests and administrative subpoenas and legally
                required notices (applies to the criteria for bona fide prospective purchasers and
                contiguous property owners).

        Notwithstanding the CAR's continuing obligations under this agreement, the CAR is subject to
        the applicable liability provisions ofCERCLA governing its status as a BFPP, CPO, or ILO.
        CERCLA requires additional obligations to maintain the liability limitations for BFPP, CPO,
        and ILO; the relevant provisions for these obligations include §§101( 35), 101(40), 107(b),
        107(q) and 107(r).

E. Interest-Bearing Accounts and Program Income

1.       Interest earned on advances are subject to the provisions of 40 CFR §31.21 (i) and §30.22(1)
relating to remitting interest on advances to EPA on a quarterly basis.

2.     Any program income earned by the CAR will be added to the funds EPA has conunitted to this
agreement and used only for eligible and allowable costs under the agreement as provided'in 40 CFR
30.24(b)(1) or 40 CFR 31.25(g)(2), as applicable.

                      IV. CLEANUP ENVIRONMENTAL REQUIREMENTS

A. Authorized Cleanup Activities

1.      The CAR shall prepare an analysis of brownfields cleanup alternatives which will include
information about the site and contamination issues (i.e., exposure pathways, identification of
contaminant sources, etc.); cleanup standards; applicable laws; alternatives considered; and the proposed
cleanup. The evaluation of alternatives must include effectiveness, implementability, and the cost of the
response proposed. The evaluation y include tL~ w 1aIjJ'sis ofreasoI"u:.ble ultemnti\7es including no
                                     y.ril1
                                    'lr              .1
action. The cleanup method chosen must be based on this analysis.

2.       For cleanup of petroleum sites identified in the EPA-approved work plan, an analysis of cleanUp
alternatives must include considering a range of proven cleanup methods including identification of
contaminant sources, exposure pathways, and an evaluation of corrective measures. The cleanup method
chosen must be based on this analysis.

3.      Prior to conducting or engaging in anyon-site activity with the potential to impact historic
properties (such as invasive sampling or cleanup), the CAR shall consult with EPA regarding potential
applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying
with any requirements ofthe Act and implementing regulations.

B. Quality Assurance (QA) Requirements

1.       If environmental samples are to be collected as part of the brownfields cleanup (e.g., cleanup
verification sampling, post-cleanup confirmation sampling), the CAR shall comply with 40 CFR Part
31.45 (or 40 CFR Part 30.54 requirements for nonprofit organizations) requirements to develop and
implement quality assurance practices sufficient to produce data adequate to meet project objectives and
to minimize data loss. State law may impose additional QA requirements.

2. The CAR shall prepare a QA plan and submit such plan to the EPA Project Officer for approval. The
PO will review the QA plan to insure that it meets programmatic needs and to insure that all of the
required elements of the QA plan are included. Once approved by the PO, the QA plan is forwarded to
the EPA QA staff for their review and approval. The CAR may not perfonn work at any site under this
cooperative agreement until EPA has approved the QA plan in writing

C. Community Relations and Public Involvement in Cleanup Activities

1.      All cleanup activities require a site-specific cormnunity relations plan that includes providing
re!lsonable notice, opportunity for involvement, response to conunents, and administrative records that
are available to the public.

D. Administrative Record
1.       The CAR shall establish an administrative record that contains the documents that form the basis
for the selection of a cleanup plan. Documents in the administrative record shall include an analysis of
reasonable alternatives including no action; site investigation reports; the cleanup plan; cleanup standards
used; responses to public comments; and verification that shows that cleanup is co~plete. The CAR
shall keep the administrative record available at a location convenient to the public and make it available
for inspection.

E. Implementation of Cleanup Activities

1.      The CAR shall ensure the adequacy of each cleanup in protecting human health and the
environment as it is implemented. Subject to any required approvals by the regulatory oversight
authority, the CAR is allowed to change cleanup activities as necessary based on comments from the
public or any new information acquired.

2.       Ifthe CAR is unable or unwilling to complete the cleanup, the CAR shan ensure that the site is
secure. The CAR shall notify the appropriate state agency and the U.S. EPA to ensure an orderly
transition should additional activities become necessary.

F. Completion of Cleanup Activities

1.       The CAR shall ensure that the successful completion of a cleanup is properly documented. This
must be done through a final report or letter from a qualified environmental professional, or other
documentation provided by a State or Tribe that shows cleanup is complete. This documentation needs
to be included as part of the administrative record.

               v. OTHER RECOVERY ACT CLEANUP GRANT REQUIREMENTS
A. Inclusion of Special Terms and Conditions in Oeanup Documents

1.	      The CAR shall meet the cleanup and other program requirements of the cleanup including:

         a.	     In accordance with 40 CFR 31.42 or 40 CFR 30.53, the CAR shall maintain records for a
                 minimum ofthree years following completion of the cleanup financed all or in part with
                 cleanup grant funds. Cooperative agreement recipients shall provide access to records
                 relating to cleanups supported with cleanup grant funds to authorized representatives of
                 the Federal government.                                                   .

         b.	     The CAR has an ongoing obligation to advise EPA if assessed any penalties resulting
                 from environmental non-eompliance at the site subject to this agreement.


B. Conroct of Interest

1.      The CAR shall establish and enforce conflict of interest provisions that prevent the award of
subgrants that create real or apparent personal conflicts of interest or the appearance of the CAR's lack of
impartiality. Such situations include, but are not limited to, situations in which an employee, official,
consultant, contractor, or other individual associated with the CAR (affected party) approves or
administers a subgrant to a subgrant recipient in which the affected party has a financial or other interest.
Such a conflict of interest or appearance of lack of impartiality may arise when:

         (i) The affected party,

         (ii) Any member ofhis immediate family,

         (iii) His or her partner, or
                (iv) An organization which employs, or is about to employ, any of.the above,

                has a financial or other interest in the subgrant recipient.

                Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary
                value from subgrant recipients. Recipients may set minimum rules where the financial interest is
                not substantial or the gift is an unsolicited item ofnominal intrinsic value. To the extent
                permitted by State or local law or regulations, such standards of conduct will provide for
                penalties, sanctions, or other disciplinary actions for violations of such standards by affected
                parties.

                                                                               VI. PAYMENT AND CLOSEOUT

For the purposes of these terms and conditigns, the following definitions apply: "payment" is the U.S.
EPA's transfer of funds to the CAR; "close out" refers to the process that the U.S. EPA follows to ensure
that all administrative actions and work required under the cooperative agreement have been completed.

A. Payment Schedule

1
.£..
       I A_..........n ... J'A~ l".... ~n-Q+
       \.L :L.}'}U.V 'I "'U
                                               ,.1,..,_t'" __ +
                              UU.U5'"'''' u~..:» .nVL .11.          ..1"".1.""""""' "'VU~I,.1"""'''JU.u. "._ro.s) 'T'1.~ CAD ..... ...:11
                                                                  .;_".1.... ,.1~   ".n_~+-'O''I,....;'"'_
                                                                                                           \"tV.,.. .I..I..1\" ...ru."- YV.U.1
                                                                                                                                                 'h", _...,,":,.1 .:_ ... dTT... _ ........ __....... ....:..:1 .... ...:1 ':4­

                                                                                                                                                 u'"' p',u,"" U.1           Q      '\'Q1J.,","'" P.1VY.1U\"U                1"

has funds management controls in place which meet the requirements of 40 CFR 30.22 or 40
CFR.§31.21, as applicable.

B. Schedule for Closeout

1. Closeout will be conducted in accordance with 40 CFR 31.50 or 40 CFR 30.71 following expiration
of the tenn ofthe agreement or expenditure ofthe funds awarded and completion ofthe activities
described by the EPA-approved work plan.




                                 §)
 V2. Brownfileds. haz.governmentals.7.1 0.09.doc




                                                       Recovery Act Cleanup Terms and Conditions

                                                        I. GENERAL FEDERAL REQUIREMENTS

Note: These terms and conditions contain references to EPA {"mancial assistance
regulations at 40 CFR Parts 30 and 31. 40 CFR Part 30 is applicable to non-profit and
educational institution recipients and 40 CFR Part 31 is applicable to governmental
recipients.

 A. Federal Policy and. Guidance

1.     a. Cooperative Agreement Recipients: By awarding this cooperative agreement, EPA
has approved the proposal the Cooperative Agreement Recipient submitted in the Fiscal Year

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:16
posted:11/4/2011
language:English
pages:105