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HomeMy WebLinkAbout214608 ATKINS NORTH AMERICAN INC - CONTRACT - RFP - 7307 TRANSPORTATION PLANNING & ENGINEERING CONSULTPROFESSIONAL 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 Atkins North America, 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 any project Work Orders for 7307 Transportation & Engineering Consultant On -Call, issued by the City, and generally described in Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. A blank sample of a work order is attached hereto as Exhibit "B", consisting of one (1) page 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. 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 upon signing, and shall continue in full force and effect until December 31, 2012, 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. The Denver Boulder Greeley Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 1 of 29 EXHIBIT "B" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND ATKINS NORTH AMERICA INC. DATED: Work Order Number: Purchase Order Number: Project Title: 7307 Transportation Planning & Engineering Consultant On -Call Commencement Date: 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 Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By: Date: City of Fort Collins By: Project Manager Date: By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 10 of 29 EXHIBIT "C" COMPENSATION ATKINS 2011 HOURLY RATE SCHEDULE Office Engineering Hourly Rates Office Engineering Hourly Rates Senior Project Manager $170.00 Scientist 1 $65.00 Project Manager $126.00 Public Information Specialist $79.00 Assoc. Project Manager $100.00 Sr. CIS Analyst 111 $115.00 Senior Engineer IV $184.00 Sr. CIS Analyst 11 $105.00 Senior Engineer Ill $150.00 CIS Analyst 11 $75.00 Senior Engineer 11 $120.00 CIS Analyst I $63.00 Senior Engineer 1 $100.00 Survey Manager II $100.00 Engineer 111 $94.00 Sr. Party Chief 11 $85.00 Engineer 11 $82.00 Sr. Survey Technician 11 $70.00 Engineer I $73.00 Instrument Operator 11 $57.00 Senior Designer 1 $110.00 Technical Coordinator 11 $80.00 CAD Designer $100.00 Sr. CAD Technician H $86.00 Senior Planner 111 $120.00 Sr. CAD Technician 1 $70.00 Senior Planner II $114.00 Sr. Architect $180.00 Senior Planner 1 $100.00 Landscape Architect 11 $116.00 Planner 11 $80.00 Landscape Architect 1 $88.00 Sr. Environmental Scientist 11 $115.00 Operations Coordinator 11 $90.00 Sr. Environmental Scientist 1 $100.00 Operations Coordinator 1 $70.00 Scientist II $80.00 Administrative Assistant $58.00 Graphic Design Specialist $68.00 Construction Services Hourly Rates Construction Services Hourly Rates Sr. Project Engineer 11 $115.00 Sr. Field Representative 1 $60.00 Sr. Const. Mngt. Inspector II $95.00 Const. Mngt. Inspector 1 $55.00 Sr. Const. Mngt. Inspector 1 $90.00 Jr. Field Representative $35.00 Sr. Field Representative II $75.00 Program Assistant 11 $58.00 Reimbursable Billing Expenses Rates Mileage at standai at standard federal rates Copies (B&W) 8-1/2 x 11 $0.10 EA Copies (Color) 8-1/2 x 11 $1.00 EA Copies (B&W) 11 x 17 $0.15 EA Copies (Color) 11 x 17 $1.50 EA Mylar $0.50 SF Outside Services at cost Subconsultants at cost Professional Services Agreement Work Order Type 7307 Transportation Planning R Engineering Consultant On -Call Page 11 of 29 All Traffic Data 2011 Rates DAWN BOIVIN PRESIDENT $75.00 ERIC BOIVIN PROJECT MANAGER $62.50 NATHAN WARREN TECHNICIAN $50.00 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 12 of 29 LSA Associates, Inc. 132 West Mountain Avenue Fort Collins, CO 80524 The rates for our staff are as follows: Ray Moe $185 Ravi Palakurthy S100 Kaushik Sabha S 90 Jessica Kraemer S 90 Sharma Guiler S 105 Elissa Palmer S 80 Principal, Multi -Modal Transportation Planning/PI Transportation Modeling/Forecasting Transportation Modeling/GIS Design/Landscape Architecture/Graphics Bicycle/Pedestrian Planning Admin/Secretary Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 13 of 29 Lisa Bachman $150.00 Barry Grossman $150.00 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 14 of 29 Ourston Roundabout Engineering Fee Schedule - 2012 Staff Name Classification Hourly Rate Mark Lenters President $185 Kevin Kuhlow Senior Project Manager $145 Troy Pankratz Senior Project Manager $135 Ben Wilkinson Project Manager $125 Reilly O'Donnell Project Manager $115 Jedidiah Munroe Project Manager $110 Eric Frailing Designer $85 Amanda Stubbe Designer $85 Kevin Kuhlow 5325 Wall Street, Suite 2305 Phone: 608-249.4545 Madison, WI 53718 Fax: 608-249.4402 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call www.ourston.com mail@ourston.com Page 15 of 29 M_' CONSULTING OV Consulting Current Fee Schedule (as of December, 2011) Staff Rates Principal $145/hr Planner 1 $ 95/hr Engineer 1 $ 95/hr Graphics Support $ 85/hr CADD Technician $ 65/hr Administrative Support $ 45/hr Reimbursable Expenses 8.5 x 11 B/W Photo copies/prints at $0.09 per sheet. 11 x 17 B/W Photo copies/prints at $0.18 per sheet. 8.5 x 11 Color Photo Copies/prints at $0.35 per sheet. 11 x 17 Color Photo Copies/prints at $0.70 per sheet. Large scale color plots at $4.00 per s.f. Travel Expenses Current IRS rate for business mileage ($0.51/mile in 2011) OV Consulting 1707 Glynkoop St- Suite 727 Denver, CO 80407 303-589-5651 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 16 of 29 PINYON ENVIRONMENTAL ENGINEERING RESOURCES, INC. SCHEDULE OF UNIT RATES - 2012 ACTIVITY RATE Expert Witness - Expert Witness Preparation and Deposition $200.00/hour Principal Engineer/Scientist — QA/QC Activities, Meetings with $ I65.00/hour Regulatory and Oversight Agencies Senior Engineer/Scientist — Remediation, Engineering and Investigation Design, Development of Work Plans, Database $145:00/hour Design, Training, Industrial Hygiene Project Manager — Project Management, Response to Agency $ 125.00/hour Questions, Project Meetings with Client Project Specialist - Reports to Regulatory and Oversight Agencies, Preparation of Permits, GIS Library Development and Data $95.00/hour Analysis Project Engineer/Scientist — Phase I ESA Site Visits, Interpretation of Data, Collection of Non -Field Data, Development of Logs and Maps, Pilot Testing, Biological and Wetland Field Mapping, $ 90.00/hour Preparation of Reports to Clients, GIS Data Collection (including GPS) Staff 11 Engineer/Scientist — Soil Logging, Monitoring Well Installation, Level Surveying, Slug Tests, Field Oversight, Lead $ 82.00/hour Driller, Miscellaneous Field Services Staff I Technician — Ground -water Sampling, Sampling During UST $ 74.00/hour Removals, Surveyor's Assistant, Driller's Assistant Field Technician/Project Assistant — Maintain Field Equipment, $ 62.00/hour Data Management Drafting (CADD) $ 66.00/hour Word Processing, Clerical $ 49.00/hour REIMBURSABLES. Xerox Copies (black and white) Color Printing (8.5 x 11) Other Printing Mileage (passenger car) All Other expenses OUTSIDE CONTRACTORS/CONSULTANTS/LABORATORIES nv n $0.10/page $0.12/page Cost + 10% Current IRS rate Cost+ 10% Cost + 10% Professional Services Agreement Work Order e T Z 7307 Transportation Planning R Engineering Conp6u5tan°tf 2 n-Call Page 17 of 29 PINYON ENVIRONMENTAL ENGINEERING RESOURCES, INC. 2012 SCHEDULE OF UNIT RATES (continued) LUMP SUM EQUIPMENT CHARGES (routine field activities) Field Visits $30.00 Soil Logging (during drilling) $105/boring Monitoring well development $55/well Monitoring well sampling $67/well Specialty In -House Equipment Billed as Indicated in Site -Specific Proposals Other Equipment and Delivery Charges Billed at Cost + 10% Pinyon Gm+bmm4!!� rg Mnmrtn. Z:\PEER\RATES\2012\Pinyon Standard 2012 Ratcs.wpd Professional Services Agreement Work Order Type 2 of 22 7307 Transportation Planning & Engineering CoRaltant On -Call Page 18 of 29 EXHIBIT "D" FEDERALLY REQUIRED CLAUSES FEDERAL TRANSIT ADMINISTRATION TABLE OF CONTENTS Federally Required and Other Model Contract Clauses 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES............................................................... 20 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS....................................................................................................................................................... 20 3. ACCESS TO RECORDS AND REPORTS......................................................................................20 4. FEDERAL CHANGES.....................................................................................................................21 5. TERMINATION................................................................................................................................22 6. CIVIL RIGHTS REQUIREMENTS................................................................................................... 22 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)................................................................... 23 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .......................... 24 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT)....................24 10. BREACHES AND DISPUTE RESOLUTION...................................................................................25 11. LOBBYING......................................................................................................................................26 12. CLEAN AIR...................................................................................................................................... 28 13. CLEAN WATER REQUIREMENTS.................................................................................................28 14. FLY AMERICA REQUIREMENTS...................................................................................................28 15. ENERGY CONSERVATION REQUIREMENTS..............................................................................28 16. RECYCLED PRODUCTS................................................................................................................ 28 17. Conformance with ITS National Architecture.............................................................................. 29 18. ADA Access.................................................................................................................................... 29 19. CITY OF FORT COLLINS BID PROTEST PROCEDURES............................................................29 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 19 of 29 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. 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 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 address: Professional: City: With Copy to: Atkins North America Inc. City of Fort Collins City of Fort Collins Attn: Carrie Wallis Attn: Aaron Iverson Attn: Purchasing 4601 DTC Boulevard, Suite 700 PO Box 580 PO Box 580 Denver, CO 80237 Fort Collins, CO 80522 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. 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 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 2 of 29 1. 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 Federa 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. 2. 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 seq. 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. (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. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. 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 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 20 of 29 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. B. 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. C. 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). D. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees None Those None None None None a. Contracts below SAT imposed on ($100,000) state pass None thru to Yes, if non- None unless None unless None unless non- b. Contracts above unless' Contractor competitive non- non- competitive award $100,000/Capital non- award or if competitive competitive Projects competitive funded thru2 award award award 5307/5309/5 311 II Non State Grantees Those a. Contracts below SAT Yes' imposed on Yes Yes Yes Yes ($100,000) non -stale b. Contracts above Yes' Grantee pass Yes Yes Yes Yes $100,000/Capital thru to Projects Contractor Sources of Authority: '49 USC 5325 (a) ' 49 CFR 633.17 ' 18 CFR 18.36 (i) 4. FEDERAL CHANGES Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 21 of 29 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. 5. TERMINATION a. Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including 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 the manner the City directs. b. Termination for Convenience or Default (Architect and Engineering) The City may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. 6. 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 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 22 of 29 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. 7. DISADVANTAGED BUSINESS ENTERPRISE MBE) 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 9.9 %. A separate contract [has not] been established for this procurement. Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 23 of 29 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 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. d. 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.] e. The contractor must promptly notify 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 City of Fort Collins. 8. 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. 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." Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 24 of 29 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. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 25 of 29 Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 11. 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 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 26 of 29 award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 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, /�L A S 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 the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disllre,�fj y. rr Signature of Contractor's Authorized Official ProTessioma4-&rvices Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 27 of 29 � I R A" VIwPrGsje,{ Name and Title of Contractor's Authorized Official Date 12. 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. 13. 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. 14. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 15. 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. 16. RECYCLED PRODUCTS Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 28 of 29 Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 17. Conformance with ITS National Architecture To the extent applicable, the Contractor agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing. 18. ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 19. CITY OF FORT COLLINS BID PROTEST PROCEDURES Protestors may file a protest on any phase of solicitation or award, including but not limited to specification or award. For information on how to submit a protest to the City of Fort Collins, submit a request in writing to the Director of Purchasing and Risk Management, 215 N. Mason Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 29 of 29 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. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "C", consisting of eight (8) page(s), 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. The parties acknowledge that the sub -contractors are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 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. 8. 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. 9. Protect 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 Professional Services Agreement Work Order Type 7307 Transportation Planning 8 Engineering Consultant On -Call Page 3 of 29 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. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, 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. 11. 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. 12. 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. 13. 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. 14. 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. Professional Services Agreement Work Order Type 7307 Transportation Planning R Engineering Consultant On -Call Page 4 of 29 15. 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. 16. 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. 17. 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 holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. 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 Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 5 of 29 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 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. Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 6 of 29 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" — Federally Required Clauses, consisting of eleven (11) page(s), attached hereto and incorporated herein by this reference. Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 7 of 29 THE CITY OF FORT COLLINS, COLORADO By: ` v Jai a B. O'Neill II, CPPO, FNIGP Direr or of Purchasing & Risk Management Atkins North America Inc. By: _ 1�A�/ Title: PvrPd I Giles/ CORPORATE PRESIDENT OR VICE PRESIDENT Date: � ,ytv�)G/ 7il ZUl ATTEST: (Corporate Seal) Corporate Secretary Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 8 of 29 EXHIBIT "A" SCOPE OF SERVICES The City of Fort Collins, Colorado shall utilize the services of a Transportation Planning and Professional Engineering Consultant or Consultant Team (Service Provider) to perform Transportation Planning Studies and related analyses to evaluate long range and short term multi -modal transportation needs. Assignments or tasks will be assigned on an as needed basis. The Service Provider shall have the capability and capacity to perform a wide -range of transportation planning and design tasks. Typical services may include, but are not limited to: • Data collection • Socio-economic data preparation and analysis • Traffic and transit forecasting and modeling (system level, subarea and micro - simulation, visual simulations) • Corridor studies • Project cost estimates and financial planning • Innovative finance • Public participation • Preliminary engineering • Regional planning and development • Environmental assessment • Multimodal planning (freight, bicycle, pedestrian, transit etc.) • Urban design, imaging and rendering • Other related assignments The Service Provider will be responsible for developing scopes, conducting studies and recommending implementation plans for needed improvements that may use a variety of funding sources both public and private; for devising analytical techniques to determine appropriate levels of regional and public participation; and for developing strategies to make multimodal improvements. Service Provider must have strong transportation planning, urban design, graphics, context sensitive design, public relations and other communication capabilities and skills. Service Provider must also be able to demonstrate success at facilitating public participation in solutions for controversial and complex transportation planning projects. MAJOR TYPES OF WORK MAY INCLUDE: Transportation Planning - Urban Area & Regional Transportation Planning - Enhanced Travel Corridor Location Planning - Attitude, Opinion & Community Value Studies - Alternatives Analysis Studies - Bicycle Planning - Pedestrian Planning Professional Services Agreement Work Order Type 7307 Transportation Planning & Engineering Consultant On -Call Page 9 of 29