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100022 AECOM TECHNICAL SERVICES INC - CONTRACT - RFP - 7155 PROJECT MANAGEMENT SERVICES - MASON CORRIDOR
PROFESSIONAL SERVICES AGREEMENT 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 AECOM Technical Services, Inc., hereinafter referred to as '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 the scope of services attached hereto as Exhibit "A", consisting of eight (8) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence August 1, 2010, and shall continue in full force and effect until July 31, 2011, 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 one (1) additional one year period. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) 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 when mailed, postage prepaid and sent to the following addresses: Standard Professional Services Agreement- rev03/10 ■ Project Management Plan ■ Fleet Management Plan, ■ Risk Management Plan, • Quality Management Plan, ■ Real Estate Acquisition Management Plan ■ Financial Management Plan ■ SCC worksheets, cost estimating methodology and Small Starts submittal The CPM will also be responsible for the coordination of the FTA project construction grant application (PCGA) with support from other City Departments. Meetings Monthly progress meetings with FTA and coordination and review meetings with PMOC Deliverables Document updates of all management plans, update to project cost estimate, SCC worksheets, and Small Starts submittal, oversight of PCGA application G. General Project Reporting The CPM will prepare routine project reports and updates to the City, FTA and other agencies as required including the FTA monthly progress report. Meetings Internal project coordination meetings as required Deliverables Monthly FTA progress report, Monthly AECOM progress report II. Project Controls The Scope of Services includes the management of project controls including project schedule, cost quality, and document control. A. Project Scheduling The Scope of Services includes the management of the resource -loaded Primavera project schedule in accordance with FTA requirements. The schedule will be updated on a monthly basis to track progress from the various project teams — i.e. real estate acquisition, railroad, utilities — and will be updated as new schedule and cost data is developed. Frank Perricelli of AECOM will provide scheduling services for the Project. Meetings Internal scheduling meetings as required Deliverables Updated resource -loaded baseline Primavera project schedule and monthly progress updates B. Cost Control The CPM will work with the City's financial management team to manage all project costs including review of all consultant invoices and incurred project costs, tracking project costs against the project budgets, overseeing FTA and CDOT grant funding and preparation of project invoices to FTA and CDOT. The CPM will manage the costs in the SCC worksheets and update as the final design progresses and new cost information becomes available. 3 Meetinas Bi-weekly meetings with City finance team, Deliverables Review and processing of all project related expenses, consultant invoices; updated project cost estimates, and cost to complete spreadsheets C. Document Control The CPM will manage the document control system for the project with support from the City Engineering admin staff. Meetings N/A Deliverables Document control filing index, document control log and fling of hard copies of all controlled documents D. Quality Management Plan Our Regional Quality Assurance Manager, David Chase will continue to oversee AECOM's QA/QC procedures on the Project. The Scope of Services does not include quality assurance review of outside consultants and contractors during the design phase. Meetings N/A Deliverables N/A E. Risk Management The CPM will maintain a monthly risk register in accordance with FTA project reporting requirements. The risk register includes a summary of all risk related items associated with the project — i.e. railroad agreements, utilities, cost escalation, etc. It is updated monthly and submitted to FTA as part of the monthly progress report. The risk register is used to assign a level of risk to the Project and to determine the amount of cost and contingency and schedule float that must be assigned to the Project to mitigate the risk. As the Project proceeds through final design, PCGA and the bid phase, AECOM will work with FTA to adjust these contingencies as risk items are addressed and closed. Meetings N/A Deliverables Monthly risk register and determination of cost contingency and schedule float III. Support Services A. Design Support The Scope of Services includes a total of 20 hours for miscellaneous design support services such as consultation with AECOM specialized technical experts in the field of transit systems or other design disciplines. Meetings N/A Deliverables N/A 4 B. Constructability Review The Scope of Services includes a total of 32 hours for constructability reviews and consultation. Skip Had, who serves as Construction Manager for the Denver office will be available to assist the project team with these reviews. Meetings Constructabilty review meeting Deliverables N/A C. FTA Document Updates The Scope of Services includes a total of 60 hours to provide technical support with the updating of the FTA Small Starts submittal PFGA application documents. AECOM transit experts including Jim Lightbody, Tom Williams and other staff who have extensive experience with FTA are available to assist the City on an as -needed basis. Meetings N/A Deliverables N/A IV. Safety/Security Program A. Safety and Security Tasks - Final Design Phase Tony Atala, our safety and security systems discipline leader will lead the implementation of the safety and security program. The AECOM team will implement the following Safety and Security tasks during Final Design (FD): 1. Develop System Safety Program Plan. Prepare Plan, coordinate with City staff as needed, and incorporate comments from the City and one submittal cycle from PMOC. 2. Prepare System Security and Emergency Management Plan. During Final Design, our team will use any existing documentation that the City has and build on it to develop the System Security and Emergency Management Plan The plan will be reviewed and updated, as required, during the construction phase. During FD prepare plan coordinated with City staff; incorporate comments from City and one submittal cycle from PMOC. During the construction phase, we will coordinate with the City to update existing plan, incorporate comments from the City and one submittal cycle from PMOC. The plan will then be finalized prior to revenue service. Conduct Threat and Vulnerability Analysis (TVA), with update during construction phase, as required. TVA will be based on FTA guidelines and practices such as "Transit Agency Security and Emergency Management Protective Measures, 2006", and "Public Transportation System Security and Emergency Preparedness Planning Guide, 2003". We will conduct TVA workshops and analysis; coordinate with relevant project staff/disciplines seeking their input, present recommendations, incorporate comments from the City and one submittal cycle from PMOC. 5 4. Conduct Preliminary Hazard Analysis (PHA). The PHA will follow FTA's "Hazard Analysis Guidelines for Transit Projects" (January 2000). Conduct analysis, and conduct workshop with relevant project staff/disciplines seeking their input, present recommendations, incorporate comments from the City and one submittal cycle from the FTA/PMOC. 5. Conduct Hazard Management: tracking and resolution of identified hazards. a) Develop hazard log and input all identified hazards; b) Assist in reaching mitigation measures acceptance by the City; c) Lead the hazard resolution tracking process through construction and testing phases to ensure that all hazards are resolved prior to revenue service; d) Coordinate hazard management and resolution process activities with all stakeholders; e) Incorporate input into final safety/ security certification report. 6. Assist the City in establishing and implementing a consolidated Safety and Security Committee (SSC), and Fire/Life Safety (F/LS) Committee. a) Help the City establish one combined SSC acting also as FLS committee; prepare MOU/ charter for committee, and participate in meetings (at a minimum, to be held quarterly). b) Schedule meetings and prepare meeting minutes; c) Assist/coordinate issue resolution as they arise. Includes trips for meetings. 7. Develop Safety and Security Certification Plan (SSCP), in accordance with FTA's "Handbook for Transit Safety and Security Certification (November, 2002)". We will prepare Plan, incorporate comments from the City and one submittal cycle from PMOC. 8. Develop Certifiable Elements List (CEL) and Certifiable Items List (CIL). b) Develop Certifiable Elements List (CEL); Review codes, standards and design criteria to develop the certifiable items list (CIL). c) Complete the development of, and deliver the CIL. 9. Conduct Design Verification/Reviews and prepare a Technical Memorandum. Conduct workshop with design staff performing design verification; review design verification data. Meetings During Final Design ■ Safety and security committee meetings, including the fire/life safety committee meetings and activities. ■ PHA workshop. ■ TVA workshop. • Design verification workshop. ■ Presentations to Project management. Deliverables Durina Final Desian ■ System Safety Program Plan ■ System Safety Plan ■ Threat and Vulnerability Analysis ■ Preliminary Hazard Analysis ■ Hazard Tracking Log. ■ Safety and security committee charter; SSC meeting minutes. • System Safety Certification Plan ■ Certifiable Elements List and Certifiable Items List ■ Design Verification Technical Memorandum including completed/verified criteria conformance checklist, and a draft, initial specifications conformance checklist to be verified during construction by the construction management staff. 0 B. Safety and Security Tasks — Construction Phase During the construction phase, the AECOM team will perform the following tasks as they relate to safety and security certification process: 1. Provide safety and security Construction Phase verification support: During the construction phase, we will provide safety and security verification support services. The services include: a) Update safety and security certifiable items checklist for construction verification; b) Conduct training workshop with the contractor, construction management and the City staff on c) how to use the safety and security checklist to perform inspection and activities that will verify the construction and installation is in accordance with the design and its requirements. c) Review of construction verification data obtained by the contractor and/or the City staff Provide safety and security support in operations preparedness (rules, procedures and training). As part of the safety certification/verification process, this activity entails the review of documents prepared and/or revised by the City and/or Project staff including Designers, City, Transfort, Construction Contractor, and PFA Emergency Manager to ensure that safety and security matters are adequately addressed in procedures, rules and training documents. 3. As part of the safety and security certification process, the AECOM team will provide safety and security support in the development and implementation of emergency preparedness planning, including first responders' training and drills. 4. Safety and Security Certification Verification Report. The safety certification process requires that a safety and security verification report be prepared by the City and approved by the PUC prior to commencement of revenue service. The report will attest that the system is ready for revenue service from a safety and security point of view. To do so, the AECOM team will prepare a safety and security verification report that includes certificates of compliance signed by the project team and construction Contractor as required by the SSCP. We will prepare a draft report for review and comments by all stakeholders. We will incorporate comments from the City and one comment cycle from PMOC and submit the final report for approval by the PUC. Meetinas Durina Construction • Safety and security committee meetings, including the fire/life safety committee meetings and activities. ■ Workshop with construction management staff performing construction verification ■ Meetings with construction management staff performing construction verification. ■ Meetings with Operations/ Maintenance/ Training/ Transfort staff and ■ emergency preparedness managers. ■ Presentations to Project management, as needed. ■ Meetings with the FTA/PMOC, as required Deliverables During the Construction Phase ■ Updated System Safety Program Plan ■ Update System Safety Plan • Updated System Safety Certification Plan ■ Updated Hazard Tracking Log. ■ Schedule, coordinate, attend and prepare meeting minutes of safety and security meetings as listed above, and as required. • Updated specifications conformance checklists; updated Certifiable Items List 7 Review -comments on documents prepared and/or revised by the Project staff including Designers, City, Transfort, Construction Contractor, and PFA Emergency Manager. Safety and Security Certification Verification Report. Submit Draft report, including certificates of compliance signed by the project team and Construction Contractor as required by the SSCP; incorporate comments from City, and one comment cycle from PMOC. Submit Final Safety and Security Verification Report. V. Construction Management/Administration Not included in this phase VI. Project Close-out, Start-up and Operation Activities Not included in this phase Exclusions The following activities are not included in this Scope of Services: ■ Design services including preparation of plans and specifications and preparation of reports. • Construction management services including construction oversight, observation, construction quality assurance/quality control, materials testing or other construction related activities ■ Land acquisition services including preparation of acquisition documents, ROW plans and legal descriptions; appraisals, value findings, offers and negotiations, agreements, transactions and legal recordings will be provided by the City's land acquisition/railroad consultant and/or Real Estate Division ■ The City's railroad consultant will be responsible for the preparation of final railroad agreements with support from the CPM ■ Public communications activities will be completed by the City/Consultant public communications team ■ Environmental studies, documentation and clearances ■ Administrative support including filing, copying, distribution will be provided by City Engineering admin staff ■ The safety/security program will require the involvement of City staff, project team and design consultants. 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V fD ip O I -0 co O ro O v 1p re er co Q O N N � 0 N VO' ry F F } � N O N N C � ` N F J W q as q C O > L re gL a 0 0 0 0 0 u LL u U U y cb a o N _ al C 8L d C �p S LL C J W c7 N O C1 O A:.O J C N N E C G! eid Lr. U O" y L y •� m q o N 4) d C ap T J > C 0. U1 O o: CA o Q O u? o o voi X W Q J O 'p2' N U V Y `3 'i 5 atcx : o .0 � E U. N GGG' ai U m v' cl)w w '� U fO n aci. 2 W u 0 `�� d:= S! d oa°� y °w_ c H w w. al cn y �yy .., y 7 y �. N w M a1 co P O > A (> O l°n y U a10. cu f7 O a U C 'o +� 9 'O a)O fC0 co w tq 4) v aUU 0 m 2� d> 2'.2 a s co rncn S I�rn Q c H Hi w 00 w a 68 of J U � UU U It O Professional: City: With Copy to: AECOM Technical Services, Inc. City of Fort Collins City of Fort Collins, Purchasing Attn: R.A. Plummer Attn:Helen Migchelbrink PO Box 580 717 17th Street, Suite 2600 PO Box 580 Fort Collins, CO 80522 Denver, CO 80202 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 3. Design, Project Indemnity 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 attorneys 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 commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000.00. 4. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Six Hundred Seventy Two Thousand Six Hundred Ninety Eight Dollars ($672,698.00) plus reimbursable direct costs in the amount of Twenty Six Thousand Eight Hundred Dollars ($26,800.00). All such fees and costs shall not exceed Six Hundred Ninety Nine Thousand Four Hundred Ninety Eight Dollars ($699,498.00). 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 hereto and upon the Standard Professional Services Agreement- rev03/10 2 EXHBIT C INSURANCE REQUIREMENTS 1. 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, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." 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. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. 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 insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Standard Professional Services Agreement- rev03/10 EXHIBIT D FEDERAL TRANSIT ADMINISTRATION TABLE OF CONTENTS A.1 - Federally Required and Other Model Contract Clauses 1. ENERGY CONSERVATION REQUIREMENTS.................................................................... 2 2. CLEAN WATER REQUIREMENTS....................................................................................... 2 3. LOBBYING............................................................................................................................. 2 4. ACCESS TO RECORDS AND REPORTS............................................................................. 4 5. FEDERAL CHANGES............................................................................................................ 6 6. CLEAN AIR............................................................................................................................. 6 7. NO GOVERNMENT OBLIGATION TO THIRD PARTIES ..................................................... 6 8. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS............................................................................................................................................... 6 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT).......... 7 10. CIVIL RIGHTS REQUIREMENTS......................................................................................8 11. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ...................................................... 9 12. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............ 9 1. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 2. CLEAN WATER REQUIREMENTS Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 3. LOBBYING Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 2 APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] L The Contractor, AEcuTech�<<w( Sc��;'certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that Pp provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disnf,alkdy/:U�_ Signature of Contractor's Authorized Official V i eo- ?,7 s, &4- Name and Title of Contractor's Authorized Official 1, ho Date 3 4. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 4 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characterist ics Operatio nal Service Contract Turnkey Constructi on Architectur al Engineerin g Acquisitio n of Rolling Stock Profession al Services I State Grantees None Those None None None None imposed on a. Contracts state pass below SAT None thru to Yes, if None None None ($100,000) unless' Contractor non- unless unless unless non- competitiv non- non- non- b. Contracts competiti a award or competitiv competitiv competitiv above ve award if funded a award a award a award $100,000/Ca thru2 pital Projects 5307/5309 /5311 II Non State Grantees Those Yes3 imposed on Yes Yes Yes Yes a. Contracts non -state below SAT Yes3 Grantee Yes Yes Yes Yes ($100,000) pass thru to b. Contracts Contractor above $100,000/Ca pital Projects Sources of Authority: ' 49 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) 5 5. FEDERAL CHANGES 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. 6. CLEAN AIR Clean Air — (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 7. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 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 subcontractor who will be subject to its provisions. 8. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 11 (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103- 355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 11. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 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 _7.6_ %. A separate contract goal [has not] been established for this procurement. 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)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. 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 of Fort Collins. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the {insert agency name] and contractor's receipt of the partial retainage payment related to the subcontractor's work.] d. The contractor must promptly notify the City of Fort Collins, 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 of Fort Collins. 12. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 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 4220.1 E, 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 (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9 City's approval of the Professional's actual 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. 6. City Representative. The City will designate, prior to commencement of 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. 7. Project Drawings. Upon conclusion of the project 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, 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 City in an AutoCAD version no older then the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the, City Representative with a written report of the status of the work with respect to the Scope of Services, 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. 9. Independent Contractor. The services to be performed by 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 Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. 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 Standard Professional Services Agreement- rev03/10 3 APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, A Ecc, en Te c k .1 le< k , T.-� � , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor nderst �i�sr and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certific on iscif any. Signature of Contractor's Authorized Official VI(c Prey` `u-t" Name and Title of Contractor's Authorized Official Date 10 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR ADD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDNYYY) POLICY EXPIRATION DATE (MMIDD/YY" LIMITS A GENERAL LIABILITY _ X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [XI OCCUR GLO 5965891 02 04/01/2010 04/01/2011 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GENERAL AGGREGATED LIMIT APPLIES PER POLICY JECT LOC PRODUCTS - COMP/OP AG $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP 5965893 02 04/01/2010 04/0.1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS / UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? Mandatory in NH) If yes, describe under PECIAL PROVISIONS below WC STATU- OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Mason Project. THE CITY OF FORT COLLINS, ITS OFFICERS, AGENTS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED FOR GL & AL COVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER LOS-001026850-01 CANCELLATION City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AGENTS OR REPRESENTATIVES. of Marsh Risk & Insurance Services IA David Denihan .�Ilfi�.irl�AM fu.Umw 40 tzUUa/Uil ©1998-2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO" CERTIFICATE OF LIABILITY INSURANCE 4/1/2011 DATE (MWDD/YYYY) F8/4/2010 PRODUCER Lockton Insurance Brokers, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 19800 MacArthur Blvd., Suite 550 CA License #OF15767 Irvine 92612 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 949-252-4400 INSURERS AFFORDING COVERAGE NAIC # INSURED AECOM Technology Corporation INSURERA: Travelers Property Casualty Co of America 25674 1075642 AECOM Technical Services, Inc 71717th St., 5th Floor INSURERS: INSURER C : Denver CO 80202-0202 INSURER D : INSURER E : COVERAGES AECTE01 OE THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSIIRFRISI. AIIT14OR17Fn RFPRFSFNTATIVF nR PRnru frFR ANn T14F rFRTIFIr`ATF Nr11 nFR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDT POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ XXXXXXX COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR NOT APPLICABLE DAMAGE TO RENTED PREMISES Ea occurence $ XXXXXXX MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX GEN`L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ XXXXXXX PRO - POLICY JECT 7 LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS NOT APPLICABLE BODILY INJURY (Per accident) $ XXXXXXX HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR CLAIMS MADE AGGREGATE $ XXXXXXX UMBRELLA NOT APPLICABLE $ XXXXXXX $ XXXXXXX ❑ DEDUCTIBLE FORM $ XXXXXXX RETENTION $ A A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If SPEC IALsPROVISIONSbelow TRJUB-4245B23-1-10 (AZ,MA,OR,WI) TC2JUB 4245622 A 10 (All Other States) 4/l/2010 4/1/2010 4/l/2010 4/1/2010 4/l/2011 4/l/2011 4/1 /2011 4/I/2011 X WC STATu- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Mason Project JoaoJYL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN P.O. Box 580 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fort Collins CO 80522 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED ACORD 25 (2009/01) A 1988-W09 ACOR6 CORPORATION. All rights reserved The ACORD name and I0�o are registered marks of ACORD For questions regarding this cartigcate, contact the number lis ed in tha'Producer' section above and sPeciry the client code'AECTE01'. 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. 11. 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. 12. 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 terms of this agreement, such party may be declared in default. 13. 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 himself 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. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such Standard Professional Services Agreement- rev03/10 4 holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an Standard Professional Services Agreement- rev03/10 5 investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D — Federal Transit Administration Requirements, consisting of ten (10) pages, attached hereto and incorporated herein by this reference. Standard Professional Services Agreement- rev03/10 6 THE CITY OF FORT COLLINS, COLORADO FFORTCO�` Direct6r-4 Purchasing & Risk Management .y SEAL 'sN DATE: TEST: City Clerk AMtLO FORM: Asffnt City Attorney AECOM TECHNICAL SERVICES, INC. A l° Vice Tt-eS, b_ � 1PORATE PRESIDENT OR VICE PRESIDENT (Corporate Seal) Standard Professional Services Agreement- rev03/10 7 EXHIBIT A SCOPE OF SERVICES Mason Corridor Project Management Services Introduction The following Scope of Services is for Project Management Services for the Mason Corridor MAX Bus Rapid Transit (BRT) Project. The Scope of Services is based upon the Scope of Services included with the Request for Proposal for 7155 Project Management Services — Mason Corridor dated July 1, 2010; our subsequent scoping discussions with the City; and our understanding of the Project. We have assumed the duration of this phase of the contract to be 12 months from August, 2010 to July, 2011. The Scope of Services generally consists of overall project management services including project coordination, project controls, engineering design oversight, railroad coordination, construction procurement and bid phase services. The Scope of Services also includes the implementation of the safety and security program throughout the design and construction phases of the Project. Construction phase services including construction management and contract administration are not included, but may be negotiated as part of a subsequent contract amendment at the discretion of the City. Scope of Services I. Project Coordination Steve McQuilkin will serve as the Consultant Program Manager (CPM) for the Mason BRT Project and will report to the City Engineer. He will be assigned to the City Engineering Department on a full time basis and will be responsible for the overall management and coordination of the Project. The CPM will oversee the work activities of city and consultant staff and will be responsible for negotiation of third party agreements; oversight of real estate acquisition; coordination with Federal Transit Administration (FTA), CDOT, BNSF and other outside agencies; FTA document updates; utility coordination, and general project reporting. Project coordination will include the following specific activities: A. Meetings and Coordination The CPM will attend routine meetings and provide daily coordination with the various consultants City departments including Engineering, Transfort, Traffic, Stormwater and Utilities; project teams including public communications, railroad coordination team, real estate services, financial management and the Executive Management Team and various project consultants. The CPM will also be responsible for coordination with outside agencies including FTA, CDOT, CSU, PUC and project stakeholders. Meetings Includes all internal project meetings, monthly Core Team, quarterly Executive Team; external agency coordination meetings with FTA, CDOT, CSU, etc Deliverables Meeting agendas, minutes, action items B. Negotiation of Agreements The CPM will work with the railroad consultant to coordinate the PUC applications and negotiate the necessary agreements with the BNSF. The CPM will also be responsible for the negotiation of other agreements including shared parking agreements, utility and ditch agreements. Meetings Includes all meetings with BNSF, PUC, FRA, bi-weekly teleconferences with BNSF, meetings with CSU, property owners of shared parking lots Deliverables PUC applications, Railroad Signal Installation Agreements, Master Construction and Maintenance Agreement, intergovernmental agreements, shared parking agreements, FEMA and City floodplain permitting C. Design Oversight The CPM will assist the City with design coordination and oversight including review of design submittals. It is anticipated that the various City departments will each be responsible for the specific design coordination and review of design submittals for their discipline and these services are not included in the Scope of Services. Meetings Bi-weekly design team meetings, 90% and 100% plan review meetings, meetings with City departments —traffic, stormwater, MIS, etc. Deliverables Plan review comments D. Utility Coordination The CPM will be responsible for all utility coordination including negotiation of agreements with utility and ditch companies for relocations. The final design consultant will be responsible for identifying specific utility relocation requirements. It is anticipated that the design of utility relocations will be provided by the utility owner. Meetings Coordination meetings with City Water/Wastewater, MIS and Light and Power utilities; Qwest, Xcel, Comcast, FCLWD and other utilities; Mercer Ditch, Larimer Canal, Sherwood Lateral, Emigh Ditch Deliverables Utility relocation agreements and ditch company crossing agreements E. Real Estate Acquisition The CPM will oversee the City's Real Estate Services Department and will be responsible for the oversight, scheduling and coordinating the real estate acquisition activities for the Project. Specific acquisition activities including appraisals, negotiations, agreements and closings will be completed by Real Estate Services and their consultant team. Meetings Bi-weekly meetings with real estate team, meetings with all affected property owners Deliverables Right of way certification memos, oversight of right of way agreements, processing of payment for real estate consultants and real estate closings F. FTA Document Updates The CPM will be responsible for the coordination of updates to FTA documents with support from other City Departments and project team members. It is anticipated that updates will be required to the following FTA documents: 2