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HomeMy WebLinkAbout- RFP - 9683 GEOTECHNICAL SERVICES ON-CALL (4)Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 1 of 32 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and CTL/THOMPSON, INC., hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for 9683 Geotechnical Services On-Call, issued by the City. A blank sample of a work order is attached hereto as Exhibit A, consisting of one (1) page and is incorporated herein by this reference. A general scope of services is attached hereto as Exhibit C, consisting of five (5) pages and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence January 1, 2023, and shall continue in full force and effect until December 31, 2023, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 2 of 32 termination to the Professional. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Professional: City: Copy to: CTL/Thompson, Inc. Attn: R.B. “Chip” Leadbetter, III 400 North Link Lane Fort Collins, CO 80524 cleadbetter@ctlthompson.com City of Fort Collins Attn: Gunnar Hale PO Box 580 Fort Collins, CO 80522 ghale@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Professional shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Professional shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City its officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City's costs and reasonable attorney’s fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit E, consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis designated in Exhibit D, consisting of one (1) page, attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 3 of 32 Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Professional following the submittal of a correct itemized invoice by the Professional. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 8. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8 -186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 9. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 10. City Representative. The City will designate, prior to commencement of the Work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 11. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 4 of 32 12. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, the Professional is required to provide the City Representative with a written report of the status of the Work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 13. Independent Contractor. The services to be performed by the Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 14. Subcontractor/Subconsultants. The Professional may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the Work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractor/subconsultants performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit E, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 15. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 16. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 17. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 5 of 32 terms of this Agreement, such party may be declared in default. 18. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 20. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Utilization by Other Agencies. The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Professional. The City’s concurrence hereunder is subject to the Professional’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 22. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 6 of 32 enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the g rounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractor/subconsultants at every tier. 23. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 24. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 25. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit F - Confidentiality, consisting of one (1) page, Exhibit G – Federal Transit Administration Contract Clauses, consisting of thirteen (13) pages and Exhibit H – Certification Regarding Lobbying, consisting of two (2) pages, attached hereto and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 7 of 32 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: CTL/THOMPSON, INC. By: Printed: Title: Date: DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 R.B. "Chip" Leadbetter 1/10/2023 Senior Geotechnical Engineer Assistant City Attorney 1/16/2023 City Clerk Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 8 of 32 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND CTL/THOMPSON, INC. WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 9683 Geotechnical Services On-Call MASTER AGREEMENT EFFECTIVE DATE: January 1, 2023 WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Gunnar Hale, Project Manager REVIEWED: Date: Adam Hill, Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 9 of 32 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: CTL/Thompson, Inc. WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Gunnar Hale, Project Manager REVIEWED: Date: Adam Hill, Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 10 of 32 EXHIBIT C GENERAL SCOPE OF SERVICES I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Service Providers/Professionals to provide geotechnical testing services on an as-needed basis. The City may award contracts to multiple Service Providers/Professionals. B. Background The City of Fort Collins is requesting proposals from qualified firms to provide geotechnical testing services on an as-needed basis. Any City Department may use these services and requests may originate from Engineering, Utilities, Streets, and others. The City intends to enter into a Professional Services Agreement – Work Order type Contract. A detailed Scope of Work for each project and exact services desired will be developed during the Work Order process and prior to work being performed; a Work Order must be generated and signed by the Service Provider and a City Department Representative. The City of Fort Collins makes no guarantee as to the number of Work Orders or actual amount of services which will be awarded under this contract. The Work Order type Contract will have an initial term of one year, with the option to renew up to an additional four one year terms. The City of Fort Collins reserves the right to reject all proposals and re-solicit, if deemed to be in the best interest of the City. C. Federal Terms and Conditions The City is federalizing this contract so it can be used for federally funded projects. The Federal Terms and Conditions are attached to the RFP in Exhibit G. Because this solicitation may be used for federally funded project, proposals must not include pricing. The City will follow Brooks Act procedures and negotiate direct labor and overhead with the most qualified firm or firms. Please submit information if you have experience with federal projects. Disadvantaged Business Enterprise participation may be required on certain Federal funded projects. SCOPE OF PROPOSAL A. Scope of Work The City of Fort Collins has identified the following projects which may require geotechnical services from the selected consultant(s) over the next two years: Vine and Timberline, Laporte Bridges, Laporte Corridor, College and Trilby, College and Drake, Power Trail at Harmony, FC Moves Pedestrian Project and others. Additional groups which may require geotechnical services include Development Inspectors, the Streets Department, and the Utilities Department. Departments Citywide will be able to use the contract. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 11 of 32 Required services include, but are not limited to: Pavement design; asphalt extraction and gradation; aggregate sampling at asphalt plant and/or borrow sources; gradation; concrete physical property and 7, 14, and 28 day strength testing; soil testing such as proctor and nuclear field density testing. Testing procedures and testing frequency shall be in accordance with the Larimer County Urban Area Street Standards (LCUASS) and the Colorado Department of Transportation (CDOT) Field Materials Manual. Citywide projects and programs may require nuclear asphalt content testing. The purpose of this testing is to provide a rapid turnaround of asphalt contents throughout the construction season. The selected consultant shall ensure that a testing gauge be available throughout the construction season. The consultant should anticipate changes in oil and aggregate throughout projects and seasons when preparing the proposal. Testing may be required on short notice, such as four to six hours for concrete and asphalt tests; and two to four hours for soils tests during weekdays (Monday through Friday). Response times may be required within one to two hours. The City shall provide the selected consultant twenty four hour notice for any weekend services required (Saturday and Sunday). Testing documentation shall be in accordance with LCUASS and the CDOT Field Materials Manual. A field copy of the physical property concrete tests shall be provided to the City representative on site at the time of the testing. A prompt verbal (phone) notice on all non-compliance testing will be required immediately after tests are performed. All tests shall be followed up with electronic test results including a comparison to the specifications for the individual project, and indicting any test results that do not meet the specification requirements. As directed by the Project Manager, and on continuous projects, tests not meeting specification requirements shall be tracked until a passing test is achieved and documented as an acceptable retest. In addition to the services described above, the selected consultant shall be capable of managing the CDOT Materials Documentation Record Form 250 (or any future form(s) which replaces the CDOT Form 250). Consultant services associated with the CDOT Form 250 may include identifying and developing a testing schedule, completing the information listed on the CDOT Form 250, compiling test results and Field Sheets (CDOT Form 157 and/or other required forms), and providing a Professional Engineer (PE) stamped Project Materials Book. Requested consultant services may vary depending on current CDOT and Federal requirements. Depending on individual project needs, it may be necessary for the consultant to be involved in project meetings prior to construction advertisement. All consultant field technicians shall meet the LCUASS for certifications, as well as any applicable CDOT and Federal requirements. All consultant personnel shall be qualified to perform the assigned services or shall be replaced with qualified personnel at the request of the City. ISO 9001 Quality Management certification is preferred but not required. The following is a list of anticipated testing and requested services. Per Brooks Act requirements, consultants shall not include any cost in the proposals. After selection by the City of the most qualified consultant(s), the selected consultant(s) shall provide pricing for the below services. All pricing shall be subject to negotiations and mutual agreement by the parties. DESCRIPTION UNIT SOILS DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 12 of 32 Atterberg Limits; Classification, Liquid Limit, Plastic Limit, Plasticity Index Each Test Hveem Stabilometer – “R” Value Each Proctor – Standard Each Proctor – Modified Each Proctor – One Point Check Each PH Determination Each Nuclear Field Density Test – 3 or More Tests Per Trip Each Test Nuclear Field Density Test – Less Than 3 Tests Per Trip Each Test Sieve Analysis – Plus #4 Material Each Test Sieve Analysis - #4 to Minus 200 Material Each Test Organic Content for Top Soil Each Test Hydrometer Analysis Each Test Water-Soluble Sulfate Ion Each Test Water-Soluble Chloride Ion Each Test Resistivity Each Test Direct Shear Each Test CONCRETE Concrete Cylinders (Including Sampling in Field, Slump, Unit Weight, Yield, Air Content, Temperature, Casting, Curing,7-, 14-, & 28-day Testing and Reporting) Set of 5 Additional Cylinder Per Cylinder Concrete Beams (Including Sampling) Set of 3 Additional Beam Per Beam Sand Equivalent (CP-30) Each Test ASPHALT Sieve Analysis – Plus #4 Material Each Test Sieve Analysis – Minus #4 Material Each Test Specific Gravity and Absorption – Plus #4 Material Each Test Specific Gravity and Absorption – Minus #4 Material Each Test L.A. Abrasion Test Each Test Fractured Face Determination Each Test Flat and Elongated Particles Each Test Specific Gravity Maximum Theoretical for Air Voids (Rice) Each Test Lottman (TSR) Test Each Test Mix Design Bulk Unit Weight and Hveem Stability Verification Each Test Sand Equivalent Each Test Determination of Bitumen Content by Extraction, Gradation Analysis of Extracted Aggregate (To Be Sampled by Consultant) Each Sample Determination of Bitumen Content by Extraction (To Be Sampled by Consultant) Each Sample Calibrate Nuclear Gauge (For New Asphalt Mix) Each Nuclear Field Density Test – 3 or More Tests per Trip Each Test Nuclear Field Density Test – Less Than 3 Tests per Trip Each Test Asphalt Plant Inspection Per Hour Core Field Samples Per Hour Core Field Samples Per Inch Ideal CT Each Test DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 13 of 32 Hamburg Wheel Tracking Test Each Test HOURLY RATES Principal Engineer and/or Geologist Per Hour Geotechnical Engineer/Department Manager Per Hour Senior Field Technician Per Hour Field Technician Per Hour *** All costs such as mileage, labor, equipment, copying, reviewing, and report writing shall be included in the unit prices negotiated after award. B. Travel & Expenses Subject to the terms of the applicable Work Order, reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. Service Provider/Consultant will be required to provide original receipts to the City for all travel expenses. C. Subcontractors/Subconsultants Service Provider/Professional will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Service Provider/Professional; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider/Professional. The City reserves the right to approval or rejection all subcontractors. D. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. E. Fees, Licenses, Permits The successful Service Provider/Professional shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. F. Laws and Regulations The Service Provider/Professional agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). G. Work Orders The awarded Service Provider/Professional(s) will be required to sign the City’s Work Order Type Agreement. In the event that the City has agreements with multiple Service Providers/Professionals for the Work, the City reserves the right to request proposals for individual Work Order assignments from the awarded Service Providers/Professionals or assign Work Orders directly to a Service Provider/Professional at its sole discretion. Selection for individual Work Orders may be based on, but not limited to, availability, approach, prior experience, firm capability, and cost. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 14 of 32 Individual Work assignments will be requested and agreed to utilizing the City’s Work Order (included in the Agreement). Each Work Order must include a start and completion date, total cost and a Scope of Work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those stated in the Agreement. No Work Order over $7,500 will be considered valid until signed, at a minimum, by the Service Provider/Professional, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Service Provider/Professional, project manager and Purchasing Department representative. H. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider/Professional each month following the submittal of a correct invoice by the Service Provider/Professional indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Service Provider/Professional and the City will negotiate an appropriate unit price for the service prior to the Service Provider/Professional initiating such work. The City pays invoices on Net 30 terms. I. COVID-19 Compliance The Service Provider and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. The Service Provider shall ensure employees and subcontractors/subconsultants with COVID-19 symptoms do not report to the job site. Service Provider must organize work to ensure individuals minimize contact and maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with local public health recommendations and other applicable safety requirements. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 15 of 32 EXHIBIT D BID SCHEDULE/COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 16 of 32 EXHIBIT E INSURANCE REQUIREMENTS The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Professional shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Professional shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. D. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. In the event any work is performed by a subcontractor/subconsultant, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 17 of 32 EXHIBIT F CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so reques ts for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 18 of 32 EXHIBIT G FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. No Obligation by the Federal Government. 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub-contractor who will be subject to it provisions. 2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. 1. For a period of three years following Contract closing, the Contractor and its subcontractors shall maintain, preserve and make available to the City, the FTA Administrator, the Comptroller General of the United States, and any of their authorized representatives, access at all reasonable times to any books, documents, papers and records of Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rule. 2. The Contractor shall maintain and the City shall have the right to examine and audit all records and other evidence sufficient to reflect properly all prices, costs or rates negotiated and invoiced in performance of this Contract. This right of examination shall include inspection at all reasonable times of the Contractor’s offices engaged in performing the Contract. 3. If this Contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement. The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this Contract until such appeals, litigation, or claims are finally resolved. 4. Access to Records and Reports” applies with equal force and effect to any subcontractors hired by the Contractor to perform Work under this Contract. The Contractor shall insert this provision in all subcontracts under this Contract and require subcontractor compliance therewith. 5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its Third Party Participants to permit, FTA to have access to the sites of performance of its Award, the accompanying Underlying Agreement, and any Amendments thereto, and to DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 19 of 32 make site visits as needed in compliance with the U.S. DOT Common Rules. 6. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of this Master Agreement. 3. FEDERAL CHANGES Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 4. CIVIL RIGHTS (EEO, TITLE VI & ADA) Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. The following requirements apply to the underlying contract: a) The Recipient agrees that it must comply with applicable federal civil rights laws, regulations, requirements, and guidance, and follow applicable federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a Recipient or a federal program, including the Tribal Transit Program or the Indian Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service. b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination based on the basis of race, color, religion, national origin, sex, disability, or age. (2) Prohibit the: (a) Exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332, or (c) Discrimination, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, and other applicable federal guidance that may be issued, but (b) FTA does not require an Indian Tribe to comply with FTA program - specific guidelines for Title VI when administering its Underlying Agreement supported with federal assistance under the Tribal Transit Program. c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant, will: (1) Prohibit discrimination based on race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other applicable federal guidance that may be issued. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 20 of 32 d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer". (3) Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, September 2019 Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note. e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws and regulations, the Recipient agrees to facilitate, and assures that each Third- Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master Agreement. (2) DBE Program Requirements. A Recipient that receives planning, capital and/or operating assistance and that will award prime third-party contracts exceeding $250,000 in a federal fiscal year must have a DBE program meeting the requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, and (b) Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle purchase, the Recipient must submit to FTA the name of the TVM contractor and the total dollar value of the third-party contract and notify FTA that this information has been attached to FTA’s electronic award and management system, the Recipient must DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 21 of 32 also submit subsequent notifications if options are exercised in subsequent years to ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. § 26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by reference and made part of the Underlying Agreement, and 4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry out its terms shall be treated as a violation of this Master Agreement. (b) Subrec ipient/Third Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and assures that it will include the following assurance in each subagreement and third party contract it signs with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following assurance in every subagreement and third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, third party contracts, and third party subcontracts, as applicable, 3 Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a material breach of this subagreement, third party contract, or third party subcontract, as applicable, and 4 The following remedies, or such other remedy as the Recipient deems appropriate, include, but are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to carry out its approved program, FTA or U.S. DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq. f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332. g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal prohibitions against discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 22 of 32 C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of Programs, Projects, and related activities receiving federal assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332. h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable federal laws, regulations and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable federal civil rights and nondiscrimination guidance. (i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2. (j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees to promote accessibility of public transportation services to persons with limited DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 23 of 32 understanding of English by following: (1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42 U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005. (k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The Recipient agrees to comply with other applicable federal nondiscrimination laws, regulations, and requirements, and follow federal guidance prohibiting discrimination. (l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws, regulations, requirements, and guidance may be enforced as provided in those federal laws, regulations, or requirements. (m) Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. 5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Per FTA C 4330.1F) Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause the City to be in violation of the FTA terms and conditions. 6. ENERGY CONSERVATION REQUIREMENTS Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et. seq., and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 CFR Part 622, subpart C. 7. VETERANS EMPLOYEMENT Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Veterans Employment. As provided by 49 U.S.C. § 5325(k): To the extent practicable, the contractor agrees and assures that each of its subcontractors: 1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the skills and abilities required to perform construction work required under a third-party contract in connection with a capital project supported with funds made available or appropriated for 49 U.S.C. chapter 53, and DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 24 of 32 2. Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee. 8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (2 CFR §200.216) Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Contractor is prohibited from using equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). a. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). b. Telecommunications or video surveillance services provided by such entities or using such equipment. c. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9. TERMINATION PROVISIONS (APPENDIX II TO PART 200) Applies to all contracts except micro-purchases. a. Termination for Convenience. The City may terminate this Contract, in whole or in part, for any reason, upon five (5) days written notice to the Contractor. In such event, the City shall pay the Contractor its costs, including reasonable Contract close-out costs, and profit on Work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in a manner the City directs. b. Termination for Breach. Either Party’s failure to perform any of its material obligations under this Contract, in whole or in part or in a timely or satisfactory manner, will be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days after the institution of such proceeding, will also constitute a breach. In the event of a breach, the non-breaching Party may provide written notice of the breach to the other Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its remedies provided under this Contract or at law, including immediate termination of the Contract. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 25 of 32 10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION Applies to all contracts and subcontracts exceeding $25,000. Suspension and Debarment Executive. The contractor attests that it is not listed on the government-wide exclusions in the System for Award Management (SAM). The Contractor agrees to the following: (a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to Agencies on Government wide Debarment and Suspension (Non-procurement),” 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA “System for Award Management,” https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the “System for Award Management” at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (b) If the Recipient suspends, debars, or takes any similar action against a Third-Party Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or (c) FTA Chief Counsel. 11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is required to “flow down” this requirement to subcontractors. a. If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. 1. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. 2. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 26 of 32 3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions. b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Underlying Agreement. Notwithstanding the preceding sentence, the Recipient may return all liquidated damages it receives to its Award Budget for its Underlying Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Recipient receives FTA’s prior written concurrence. c. Enforcement. The Recipient must pursue its legal rights and remedies available under any third party agreement or any federal, state, or local law or regulation. 12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) Applies to all contracts exceeding $100,000. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it has certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will continue to disclose, any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. If contract exceeds $100,000 the contractor is required to sign the attached certification. 13. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT Applies to all contracts exceeding $150,000. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 27 of 32 a. All parties agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). b. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal funds. 14. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH – (APPENDIX II TO PART 200) Applies to all contracts over $250,000. Breach. Any breach of the Contract by Contractor shall be governed by the termination and remedies provisions of the Contract. Additionally, in the event that the City incurs damages as a result of Contractor’s breach, the City may pursue recovery of such damages from Contractor. The City further retains the right to seek specific performance of the Contract at any time as authorized by law. The City further retains the right to otherwise pursue any remedies available to the City as a result of the Contractor’s breach, including but not limited to administrative, Contractual, or legal remedies, as well as any applicable sanctions and penalties. Remedies for Non-Performance. If Contractor fails to perform any of its obligations under this Contract, the City may, at its sole discretion, exercise one or more of the following remedies, which shall survive expiration or termination of this Contract: a. Suspend Performance: The City may require the Contractor to suspend performance of all or any portion of the Work pending necessary corrective action specified by the City and without entitling Contractor to an increase in compensation or extension of the performance schedule. Contractor must promptly stop performance and incurring costs upon delivery of a notice of suspension by the City. b. Withhold Payment Pending Corrections: The City may permit Contractor to correct any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct rejected Work at Contractor’s sole expense within the time frame established by the City. Upon completion of the corrections satisfactory to the City, City will remit payment to Contractor. c. Deny Payment: City may deny payment for any Work that does not comply with the requirements of the Contract or that Contractor otherwise fails to provide or complete, as determined by the City in its sole discretion. Upon City request, Contractor will promptly refund any amounts prepaid by the City with respect to such non-compliant Work. d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents from performance of the Work, if the City, in its sole discretion, deems any such person to be incompetent, careless, unsuitable, or otherwise unacceptable. 15. SEISMIC SAFETY REQUIREMENTS DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 28 of 32 Applies to contracts for construction of new buildings or additions to existing buildings. Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 16. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) Applies to all turnkey, rolling stock and operational contracts (excluding contracts for transportation services exceeding $100,000. The contractor agrees to comply and assures that each subcontractor will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR Part 5. 17. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT (49 CFR Part 26) Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 3%. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. 18. PROMPT PAYMENT AND RETURN OF RETAINAGE Applies to all contracts except micro-purchases. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the City. In addition, the contractor may not hold retainage from DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 29 of 32 its subcontractors. The contractor must promptly notify the City whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City. 19. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322) Applies to all contracts except micro-purchases. Recovered Materials - All parties agree to comply with all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. b. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program 20. ADA ACCESS Applies to contracts for rolling stock or facilities construction/renovation 1. The City must comply with 49 U.S.C. § 5332, which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities; all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; the Americans with Disabilities Act of 1990 (ADA), as amended; 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 30 of 32 2. All deliverable items deliverable items provided by the contractor for the City under this contract shall comply with the above-referenced laws as well as all other applicable federal, state and local regulations and directives and any subsequent amendments 21. ASSIGNABILITY Applies to all contracts except micro-purchases. Neither the City nor the Contractor shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the other. 22. CITY OF FORT COLLINS BID PROTEST PROCEDURES Applies to all contracts except micro-purchases. The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. 23. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Applies to all contracts except micro-purchases. The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal fin ancial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s T itle VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 24. INCREASING SEAT BELT USE IN THE UNITED STATES Applies to all contracts except micro-purchases. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. 25. REDUCING TEXT MESSAGING WHILE DRIVING Applies to all contracts except micro-purchases. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and the City has established workplace safety policies to decrease accidents caused by distracted drivers. DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 31 of 32 EXHIBIT H CERTIFICATION REGARDING LOBBYING DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 Official Purchasing Document Last updated 9/2022 Professional Services Agreement – Work Order Type RFP 9683 Geotechnical Services On-Call Page 32 of 32 DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 kctsu@lockton.com CTL | THOMPSON, INC. 7306 S. ALTON WAY CENTENNIAL CO 80112 Continental Casualty Company 20443 The Continental Insurance Company 35289 Zurich American Insurance 16535 Pinnacol Assurance Company 41190 X X 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X X 10,000 8,000,000 8,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 PROFESSIONAL LIAB INCL. POLLUTION $2,000,000 PER CLAIM $4,000,000 AGG A 7034609022 10/1/2022 10/1/2023 A 7034664134 10/1/2022 10/1/2023 D MCH591943205 10/1/2022 10/1/2023 A 7034665414 10/1/2022 10/1/2023 B 180512 10/1/2022 10/1/2023 C 5246940-04 10/1/2022 10/1/2023 10/1/2023 1512933 Y N Y N N N N 1/11/2023 N N 19249543 19249543 XXXXXXX CITY OF FORT COLLINS ATTN: PURCHASING DIVISION PO BOX 580 FORT COLLINS CO 80522 RE: CITY OF FORT COLLINS ITS OFFICERS, AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, IF REQUIRED BY WRITTEN CONTRACT. X DocuSign Envelope ID: 1D4CE664-0174-4788-98C2-167598C708B0