HomeMy WebLinkAbout100022 AECOM TECHNICAL SERVICES - CONTRACT - RFP - 7392 CIVIL ENGINEERING DESIGN DRAFTING & SURVEY SEPROFESSIONAL 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 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 any project Work Orders for 7392 Civil Engineering, Design, Drafting & Survey Services
On -Call, issued by the City. A blank sample of a work order is attached hereto as Exhibit "A",
consisting of one (1) page and is incorporated herein by this reference. 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. Each
work order is limited to $75,000. This is an Indefinite Delivery Indefinite Quantity (IDIQ)
Agreement with a maximum yearly total not to exceed $300,000. The actual amount of work to
be performed will be stated on the individual Work Orders. The City makes no guarantee as to
the number of Work Orders that may be issued or the actual amount of services which will in
fact be requested.
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
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 1 of 31
SCOPE OF WORK
The Professional will work closely with City Project Managers to design and/or draft conceptual,
preliminary, and final improvement plans. Project specific surveying may also be required on
some projects. The Professional will be responsible for producing plan documents under the
direction of a City Project Manager. The plan documents will typically include, but not be limited to,
the following: general notes, summary of quantities, removals, plan views, profile views, cross
sections, specifications, construction notes and details suitable for construction. The City may also
ask the Professional to assist in all aspects of the project design, calculation of plan quantities,
plans required for right of way acquisition and other work related to producing construction
documents. It is essential that the Professional be familiar with the Larimer County Urban Area
Street Standards (LUCASS) and CDOT standards, requirements and procedures. Additional
requirements may include:
• Researching existing panel and right-of-way boundaries, legal descriptions, easements,
water rights, etc.
• Analyzing, interpreting and presenting traffic engineering data including intersection
design, roundabout design, accident analysis, and pedestrian, bike, and transit -specific
design.
• Creating displays and graphic representations of various design project elements for
meetings, project web sites, and/or City Board and Commission meetings.
• Attend coordination and review meetings, public meetings, and property owner meetings.
• Coordination with other consultants.
The Professional may be required to provide design, drafting and/or surveying services. The
Professional will work closely with a City Project Manager to produce the best possible design
within the budget constraints associated with that project. Survey data is sometimes collected by
City crews; however, there may be certain instances where the Professional will be required to
collect their own survey data because of City staffs workload. The City does not require specific
design software to be used, but final drawings shall be submitted to the City in AutoCAD and .pdf.
City's anticipated need for design and drafting work is expected to be on an "as needed" basis.
The Professional should expect that services required for individual projects could range up to 500
hours depending on the complexity of the project(s).
The City expects Professional to excel at delivering projects with complex requirements (City and
CDOT Standards, Federal Funding, publicly controversial projects, etc.). Equally important is the
Professional's ability to quickly, efficiently and cost-effectively complete small, straightforward
projects.
The City's intent is to use this Contract with multiple different funding sources, depending on the
project.
• For projects using Federal -Aid funding, CDOT will specify a DBE goal and the attached
Required Contract Provisions Federal -Aid Construction Contracts apply. Proposing
teams should outline their ability to meet DBE goals in their proposals. These projects will
be set up on a cost -plus -fixed -fee basis.
• For projects using Federal Transit Administration (FTA) funding the attached FTA
requirements will be applied.
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 10 of 31
EXHIBIT B
COMPENSATION
AECOM EMPLOYEE CLASSIFICATION AND RATE SCHEDULE
EMPLOYEE
LOYE
CLA SIF CATION
F
EMLOYEE
( CLA SIF CATION
HOURRATEY
Agins, Charles R
ENGINEER III
ADMINISTRATIVE ASSISTANT
$60
Baiey, Travis
ENGINEER I
CADD DRAFTER 1
$65
Bell,Rhonda
BANNER III
CADD DRAFTER II
$85
Boswell, Linda
ADMININSTRATNE ASSISTANT
CADD MANAGER
$100
Bouchard, MSchael
PLANNER III
PLANNER
$70
Boyle, Lauren
ENGINEER
PLANNER II
$80
Candelena, Lisa
ENGINEER II
PLANNER III
$110
Center, David
PROJECTMIANAGER
SENIOR PLANNER
$155
Eckman, Alan ft
ISENIOR PROJECT MANAGER
ENGINEER 1
$75
Fuentes, Thomas P
SENIOR ENGINEER
ENGINEER II
$85
Gondron, Barry
SENIOR PROJECT MANAGER
ENGINEER III
$120
Graham Allison
PLANNER II
SENIOR ENGINEER
$165
Haugh, Michael
ENGINEER II
PROJECTMANAGER
$165
Had, Allan
SENIOR PROJECT MANAGER
SENIOR PROJECT MANAGER
$175
Holloway, Don E
SENOR ENGINEER
PRINCIPAL IN CHARGE
$250
Hoist Jr, David N
SENIOR ENGINEER
Hoist Jr, Stephen
ENGINEER III
Kennedy, Briaa n
SENIOR PLANNER
— —
— —
Kennedy, Charlton L
Lahusen, Derek
Lag,Corey
Lang, Corey
Lind, Steven J
Lindahl, Wvkl A
Lisberg, Christopher D
Map, Gary M
ENGINEER III
ENGINEER II
PROJECT MANAGER
PROJECT
PROJECT MANAGER
ENGINEER II
CADD DRAFTER II
ENGINEER II
PROJECT MANAGER
--
—�
1
it
Mathis, Heath
ENGINEER III
MdkRf, Doug
ENGINEER
Nickle, Rayron
Pearson, Megan M
Purvrer, Roy A.
ENGINEER
ADMINISTRATIVE ASSISTA NT
PRINCIPAL IN CHARGE
_I
I
— -�---- -----�---7
+
!
Ronig, Richard P
SENOR PROJECT MANAGER
Rosenbalm Chester
ENGINEER III
Sabo, John
PROJECT M4 NAGER
Salek Matthew E
ENGINEER III
Schaal, Larry P
CADD MANAGER
Signs, Cherie
ADMNINSTRATNE ASSISTANT
Sobiech, Brandon
BANNER I
Szelga, Ken
SENIOR PROJECT MANAGER
Tyrrell, Terry
PROJECT MANAGER
Van Corp, Kendra
ENGINEER
Van Hoff, John
PROJECT MANAGER
VNlensky, Steve
SENIOR PROJECT MANAGER
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 11 of 31
EXHIBIT C
DBE DEFINITIONS & REQUIREMENTS
Disadvantaged Business Enterprise Regulations
ATTENTION CONSULTANTS - Notice
On June 21, 2001, in order to more narrowly tailor CDOT's DBE program to conform with the
results of CDOT's 2001 Disparity Study update, the Colorado Transportation Commission
adopted Resolution No. 966, which established a new definition of Underutilized DBE (UDBE)
for construction contracts and for consultant contracts and set a 10.93% overall annual DBE
goal for the remainder of FFY 2001 and for FFY 2002.
The Disparity Study Update found that ALL DBES were underutilized on CDOT construction
contracts and on CDOT consultant contracts, i.e., it determined that ALL DBES WILL BE
CONSIDERED TO BE UDBES. Since all CDOT DBEs are considered to be UDBEs, CDOT's
DBE list will also be the UDBE list.
Please contact Business Programs with questions about this change. Telephone: 303-757-9162
or 800-925-3427 or e-mail Karen.Gonzales(cDdot.state.co.us.
DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS
Definitions and Procedures - For this project, the following terms are defined:
A. Disadvantaged Business Enterprise (DBE). A small business concern that is
certified as being:
1. At least 51 percent owned by one or more socially and economically
disadvantaged individuals or, in the case of any publicly owned business, at
least 51 percent of the stock of which is owned by one or more socially and
economically disadvantaged individuals; and
2. Whose management and daily business operations are controlled by one or
more of the socially and economically disadvantaged individuals who own it.
3. "Socially and Economically Disadvantaged individuals" means those individuals
who are citizens or lawfully admitted permanent residents of the United States
and who are:
(a) Minorities or individuals found by the Small Business Administration
pursuant to Section 8(a) of the Small Business Act to be disadvantaged.
(b) Individuals found by CDOT's Office of Certification to be socially and
economically disadvantaged.
B. DBE Joint Venture. An association of two or more businesses formed to carry out a
single business enterprise for profit for which purposes they combine their property,
capital, efforts, skills and knowledge. DBE joint ventures must be certified as a joint
venture. The DBE percentage of the joint venture will be determined at the time of
certification.
C. Underutilized DBE (UDBE). A firm which meets the definition of Underutilized
Disadvantaged Business Enterprise (UDBE) based on the findings and
recommendations of CDOT's Disparity Study and is eligible to meet the contract goal
as defined in the paragraph titled "Contract Goal."
RFP 7392 Civil Engineering, Design, Drafting 8 Survey Services On -Call Page 12 of 31
D. Contract Goal. The goal for UDBE participation that the Department determines
should appropriately be met by the selected consultant, based on the type of work
included in each project and the availability of UDBEs capable of performing such
work. The Contract goal will be the percentage stated in the invitation for consultant
services and in the project documents.
E. Certification as a DBE by the Department
Any small business may apply to the Colorado Department of Transportation
(CDOT) for status as a DBE. Application shall be made on forms provided by
CDOT for certification of DBEs. However, only work contracted or
subcontracted to DBEs that also qualify as UDBEs and independently
performed by UDBEs shall be considered toward contract goals as established
elsewhere in these specifications.
It shall be the DBE applicant's responsibility to submit applications so that
CDOT has sufficient time to render decisions. CDOT will review applications in
a timely manner but is not committed to render decisions about a firm's DBE
status within any given period of time.
The Department will make available a list of DBE contractors, consultants,
vendors and suppliers for the purpose of providing a reference source to assist
any consultant in identifying DBEs and UDBEs. Consultants will be solely
responsible for verifying the Certification of UDBEs they intend to use prior to
submitting a Statement of Interest (SOI.) The DBE list is available at:
hftp://www.dot.state.co.us/app_ucp/
Selection of UDBEs by Consultant:
A. Consultants shall exercise their own judgments in selecting any subconsultant to
perform any portion of the work.
Requirements
A. The use of UDBEs is an evaluation factor for consultant selection under Section 24-
30-1403 (2) CRS. All Consultants shall submit with their proposals a list of the
names of their UDBE subconsultants to meet the contract goal.
B. If the Consultant proposes to voluntarily use any non-UDBEs on the project, the
Consultant shall also submit the names of those DBEs. However, the non-UDBEs
will not be used to meet the UDBE goal for the project.
C. Evaluation points will be awarded for UDBE participation during the Statement of
Interest (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE
participation during the SOI scoring. If the consultant doesn't submit sufficient UDBE
participation to meet the project goal, they may be awarded from 0 to 4 points, based
on the amount of UDBE participation they submit. The consultant must submit all
UDBE participation commitments on either CDOT Form #1330 (for NPS Contracts)
or CDOT Form #1331 (for PS Contracts) with their SOI in order to receive the
corresponding evaluation points.
D. The selected consultant must use the UDBE firms named (if any) on CDOT Form
#1330 or #1331 in the Statement of Interest for the items of work described. The
replacement of a named UDBE firm will be allowed only as provided for in (6) of the
DBE Definitions and Requirements. Failure to comply may constitute grounds for
default and termination of the Contract.
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 13 of 31
E. Consultant's UDBE Obligation.
1. The Consultant submitting a Statement of Interest and a Work Plan on
consultant projects advertised by the Department agrees to ensure that
UDBEs, as defined in this special provision, have equal opportunity to
participate in the performance of contracts or subcontracts. The prime
Consultant shall not discriminate on the basis of race, color, national origin, or
sex in the selection and bidding process or the performance of contracts.
2. To ensure that UDBEs are offered equal opportunity to participate in the
performance of contracts, it is the responsibility of the prime Consultant to offer
and to provide assistance to UDBEs related to the UDBE performance of the
subcontract. However, the UDBE must independently perform a commercially
useful function on the project, as described in F(4) below.
F. Counting UDBE Participation Toward Goals
1. Once a firm has been certified as a DBE that qualifies as a UDBE, the total
dollar amount of the contract awarded to the firm shall be counted toward the
contract goal as explained below, and as modified for the project in the project
special provisions titled "Contract Goal."
2. The actual dollar total of a proposed subcontract, supply or service contract with
any UDBE firm shall be reported to the Department in the Consultant's Cost
Proposal.
3. The eligibility of a proposed UDBE subconsultant will be finally established
based on the firm's status at the time the contract is signed. If a firm becomes
certified as a DBE during performance under a fully executed contract with
CDOT but prior to the UDBE performing any work, then 100% of the work
performed by the firm under that contract may be claimed as eligible work. No
work performed by a UDBE firm can be counted toward UDBE participation
prior to the firm receiving certification as a DBE.
4. The Consultant may count toward its contract goal only that percentage of
expenditures to UDBEs which independently perform a commercially useful
function in the work of a contract. A UDBE is considered to be performing a
commercially useful function by actually performing, managing, and supervising
the work involved. To determine whether a UDBE is performing a commercially
useful function, the Department will evaluate the amount of work
subcontracted, work performed solely by the UDBE, industry practices, and
other relevant factors.
5. A UDBE may enter into subcontracts consistent with normal industry practices.
If a UDBE subcontracts over 51 % of the work of the Contract the UDBE shall
be presumed not to be performing a commercially useful function. The UDBE
may present evidence to rebut this presumption to the Department.
6. The Consultant may count toward its contract goal the percentage of
expenditures for materials and supplies obtained from UDBE suppliers (regular
dealers) and manufacturers specifically for use on the project, provided that the
UDBEs assume the actual and contractual responsibility for and actually
provide the materials and supplies.
a. The Consultant may count 100 percent of its expenditures to an UDBE
manufacturer if the purchased items are to be used on the project. A
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 14 of 31
UDBE manufacturer is a certified firm that operates or maintains a factory
or establishment that produces on the premises the materials or supplies
obtained by the Consultant.
b. The Consultant may count 60 percent of its expenditures to UDBE
suppliers that are not manufacturers, provided that the UDBE supplier
performs a commercially useful function in the supply process. A supplier
is a certified firm that owns, operates, or maintains a store, warehouse, or
other establishment in which the materials or supplies required for the
performance of the Contract are bought, kept in stock, and regularly sold
to the public in the usual course of business. To be a supplier the firm
must engage in, as its principal business and in its own name, the
purchase and sale of the products in question. A supplier in such bulk
items as steel, cement, gravel, stone, and petroleum products need not
keep such products in stock, if it owns or operates distribution
equipment. Brokers and packagers shall not be regarded as
manufacturers or suppliers within the meaning of this section.
C. The Consultant may count toward its UDBE goal the following
expenditures to UDBE firms that are not manufacturers or suppliers:
1. The fees or commissions charged for providing a bona fide service,
such as professional, technical, consultant or managerial services
and assistance in the procurement of essential personnel, facilities,
equipment, materials or supplies required for performance of the
Contract, provided that the fee or commission is determined by the
Department to be reasonable and not excessive as compared with
fees customarily allowed for similar services.
2. The fees charged for delivery of materials and supplies required to a
job site (but not the cost of the materials and supplies themselves)
when the hauler, trucker, or delivery service is not also the
manufacturer of or a supplier of the materials and supplies, provided
that the fee is determined by the Department to be reasonable and
not excessive as compared with fees customarily allowed for similar
services.
3. The fees or commissions charged for providing any bonds or
insurance specifically required for the performance of the Contract,
provided that the fee or commission is determined by the
Department to be reasonable and not excessive as compared with
fees customarily allowed for similar services.
4. Determination of goal achievement
To determine the goals achieved under this Contract, the UDBE
participation shall be divided by the original prime Contract amount
and multiplied by 100 to determine the percentage of performance.
The Consultant shall maintain records of payment that show
amounts paid to all UDBEs and DBEs. The Consultant shall submit
a CDOT Form #1313 with each billing/invoice to the Department
listing all subconsultants (including UDBEs and other DBEs) that
participated in this Contract and the dollar amount paid to each.
The Consultant shall certify the amount paid, which may be audited
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 15 of 31
by the Department. When the participation by UDBEs is less than
the Consultant committed to the Department, the Consultant shall
submit a statement to CDOT along with the CDOT Form #1313 that
indicates the amount of participation and gives reasons why it was
different from the Consultant's SOI commitment.
5. Replacement of UDBEs used to meet the contract goal
A. Based upon a showing of good cause the Consultant may
request that a UDBE named in the Consultant's Statement of
Interest be replaced with another UDBE pursuant to the terms
and conditions of this special provision. Replacements will be
allowed only with prior written approval of the Department.
B. If a replacement is to be requested prior to the time that the
named UDBE has begun to effectively prosecute the work
under a fully executed subcontract, the Consultant shall
furnish to the Department the following:
1. Written permission of the named UDBE. Written
permission may be waived only if such permission
cannot be obtained for reasons beyond the control of the
Consultant.
2. A full written disclosure of the circumstances making it
impossible for the Consultant to comply with the
condition of award.
3. Documentation of the Consultant's assistance to the
UDBE named in the Consultant's Statement of Interest.
4. Copies of any pertinent correspondence and
documented verbal communications between the
Consultant and the named UDBE.
5. Documentation of the Good Faith Efforts in finding a
replacement UDBE and the results of the efforts. It is
within the control of the Consultant to locate, prior to
award, UDBEs that offer reasonable prices and that
could reasonably be expected to perform the work. For
this reason, increased cost shall not, by itself, be
considered sufficient reason for not providing an in -kind
replacement.
C. In the event a UDBE begins to prosecute the work and is
unable to satisfactorily complete performance of the work, the
Consultant shall furnish to the Department the following:
1. Documentation that the subject UDBE did not perform in
a satisfactory manner.
2. Documentation of the Consultant's assistance to the
UDBE prior to finding the UDBE in default.
3. A copy of the certified letter finding the UDBE to be in
default or a letter from the UDBE stating that it cannot
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 16 of 31
complete the work and it is turning the work back to the
Consultant.
Copy of the contract between the Consultant and the
UDBE, plus any modifications thereto.
6. Sanctions
A. It is the obligation of the Consultant to provide UDBE firms with
equal opportunity to participate in the performance of the work.
B. It is the responsibility of UDBE firms to perform their work in a
responsible manner fully consistent with the intent of the DBE
program, and in substantial compliance with the terms and
conditions of these DBE definitions and requirements.
C. UDBE firms which fail to perform a commercially useful function
as described in subsection 4(E) of these DBE definitions and
requirements or operate in a manner which is not consistent
with the intent of the DBE program may be subject to
revocation of certification.
D. A finding by the Department that the Consultant has failed to
comply with the terms and conditions of these DBE definitions
and requirements may constitute sufficient grounds for default
and termination of the Contract.
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 17 of 31
EXHIBIT D
LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL -AID
PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency
project agreement administered by CDOT that involves professional consultant services. 23
CFR 172.1 states "The policies and procedures involve federally funded contracts for
engineering and design related services for projects subject to the provisions of 23 U.S.C.
112(a) and are issued to ensure that a qualified consultant is obtained through an equitable
selection process, that prescribed work is properly accomplished in a timely manner, and at fair
and reasonable cost" and according to 23 CFR 172.5 "Price shall not be used as a factor in the
analysis and selection phase." Therefore, local agencies must comply with these CFR
requirements when obtaining professional consultant services under a federally funded
consultant contract administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related
operations guidebook titled "Obtaining Professional Consultant Services". This directive and
guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172
and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon
request from CDOT's Agreements and Consultant Management Unit. [Local agencies should
have their own written procedures on file for each method of procurement that addresses the
items in 23 CFR 1721.
Because the procedures and laws described in the Procedural Directive and the guidebook are
quite lengthy, the subsequent steps serve as a short -hand guide to CDOT procedures that a
local agency must follow in obtaining professional consultant services. This guidance follows the
format of 23 CFR 172. The steps are:
1. The contracting local agency shall document the need for obtaining professional services.
2. Prior to solicitation for consultant services, the contracting local agency shall develop a
detailed scope of work and a list of evaluation factors and their relative importance. The
evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate
should be prepared for use during negotiations.
3. The contracting agency must advertise for contracts in conformity with the requirements of
C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum
of 15 days prior to the selection of the three most qualified firms and the advertising
should be done in one or more daily newspapers of general circulation.
4. The request for consultant services should include the scope of work, the evaluation
factors and their relative importance, the method of payment, and the goal of 10% for
Disadvantaged Business Enterprise (DBE) participation as a minimum for the project.
5. The analysis and selection of the consultants shall be done in accordance with CRS §24-
30-1403. This section of the regulation identifies the criteria to be used in the evaluation of
CDOT pre -qualified prime consultants and their team. It also shows which criteria are used
to short-list and to make a final selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
b. Approach to the Work,
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 18 of 31
c. Ability to furnish professional services.
d. Anticipated design concepts, and .
e. Alternative methods of approach for furnishing the professional services.
Evaluation factors for final selection are the consultant's:
a. Abilities of their personnel,
,b. Past performance,
c. Willingness to meet the time and budget requirement,
A. Location,
e. Current and projected work load,
f. Volume of previously awarded contracts, and
g. Involvement of minority consultants.
Once a consultant is selected, the local agency enters into negotiations with the
consultant to obtain a fair and reasonable price for the anticipated work. Pre -negotiation
audits are prepared for contracts expected to be greater than $50,000. Federal
reimbursements for costs are limited to those costs allowable under the cost principles of
48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity,
duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent
of the total direct and indirect costs.
7. A qualified local agency employee shall be responsible and in charge of the Work to
ensure that the work being pursued is complete, accurate, and consistent with the terms,
conditions, and specifications of the contract. At the end of Work, the local agency
prepares a performance evaluation (a CDOT form is available) on the consultant.
8. Each of the steps listed above is to be documented in accordance with the provisions of
49 CFR 18.42, which provide for records to be kept at least three years from the date that
the local agency submits its final expenditure report. Records of projects under litigation
shall be kept at least three years after the case has been settled.
CRS §§24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional
details for complying with the preceeding eight (8) steps.
RFP 7392 Civil Engineering, Design, Drafting 8 Survey Services On -Call Page 19 of 31
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 July 15, 2012, and shall
continue in full force and effect until July 14, 2013, 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 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:
AECOM Technical Services, Inc. City of Fort Collins City of Fort Collins
Attn: Alan Eckman Attn: Dean Klinger Attn: Purchasing
717 17'h Street, Suite 2600 PO Box 580 PO Box 580
Denver, CO 80202 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,
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 2 of 31
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES...............................................................
21
2.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS.......................................................................................................................................................
21
3.
ACCESS TO RECORDS AND REPORTS......................................................................................
21
4.
FEDERAL CHANGES....................................................................................................:................23
5.
TERMINATION................................................................................................................................23
6.
CIVIL RIGHTS REQUIREMENTS...................................................................................................
24
7.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)...................................................................
25
S.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ..........................
26
9.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT)....................26
10.
BREACHES AND DISPUTE RESOLUTION...................................................................................27
11.
LOBBYING......................................................................................................................................
28
12.
CLEAN AIR......................................................................................................................................
29
13.
CLEAN WATER REQUIREMENTS.................................................................................................
30
14.
SEISMIC SAFETY REQUIREMENTS.............................................................................................
30
15.
ENERGY CONSERVATION REQUIREMENTS..............................................................................
30
16.
ADA Access....................................................................................................................................30
17.
CITY OF FORT COLLINS BID PROTEST PROCEDURES............................................................
30
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 20 of 31
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 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.
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
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 21 of 31
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.
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 thruz
award
award
award
5307/5309/5
311
II Non State Grantees
Those
a. Contracts below SAT
Yes3
imposed on
Yes
Yes
Yes
Yes
($100,000)
non -state
b. Contracts above
Yes3
Grantee pass
Yes
Yes
Yes
Yes
$100,000/Capital
thru to
Projects
Contractor
Sources of Authority: '49 USC 5325 (a) 149 CFR 633.17 ' 18 CFR 18.36 (i)
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 22 of 31
4. 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.
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 Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is
for services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City may terminate this
contract for default. Termination shall be effected by serving a notice of termination on the
contractor setting forth the manner in which the Contractor is in default. The contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner of performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the City, after setting up a new delivery of performance schedule, may
allow the Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor [an appropriately short period of
time] in which to cure the defect. In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of
written notice from the City setting forth the nature of said breach or default, the City shall have
the right to terminate the Contract without any further obligation to Contractor. Any such
termination for default shall not in any way operate to preclude the City from also pursuing all
available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 23 of 31
i. 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
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,
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 24 of 31
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) Acme - 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 (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 9.9 %. 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 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)).
Offerors must present the information required above [as a matter of responsiveness]
[with initial proposals] (see 49 CFR 26.53(3)).
(If no separate contract goal has been established, use the following) 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,
[is required to return any retainage payments to those subcontractors within 30
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 25 of 31
days after incremental acceptance of the subcontractor's work by the City of Fort
Collins and contractor's receipt of the partial.retainage payment related to the
subcontractor's work.]
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."
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).
RFP 7392 Civil Engineering, Design, Drafting 8 Survey Services On -Call Page 26 of 31
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.
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.
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 27 of 31
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
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
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 28 of 31
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, 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
disclosure, if any.
Signature of Contractor's Authorized Official
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 seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 29 of 31
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City its officers and employees, in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City and for the
City's costs and reasonable attorney's fees arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain 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 "B", consisting of one (1) page, attached hereto and incorporated herein
by this reference. At the election of the City, each Work Order may contain a maximum fee,
which shall be negotiated by the parties hereto for each such Work Order. Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Professional's City -verified
progress in completing the services to be performed pursuant to the Work Order and upon
approval of the Professional's direct reimbursable expenses. 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 "C"
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.
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 3 of 31
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. SEISMIC SAFETY REQUIREMENTS
Seismic Safety - The contractor agrees that any new building or addition to an existing building
will be designed and constructed in accordance with the standards for Seismic Safety required
in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation. The contractor also agrees to ensure that
all work performed under this contract including work performed by a subcontractor is in
compliance with the standards required by the Seismic Safety Regulations and the certification
of compliance issued on the project.
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. 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.
17. CITY OF FORT COLLINS BID PROTEST PROCEDURES
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 30 of 31
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available from
the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580,
Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing(a)fcoov.com or calling 970-221-6775.
RFP 7392 Civil Engineering, Design, Drafting 8 Survey Services On -Call Page 31 of 31
ACC> 1® CERTIFICATE OF LIABILITY INSURANCE
OA7 201`2 )
07116/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endomement(s).
PRODUCER
March Risk & Insurance Services
CA Ucense #D437153
777 South Figueroa Street
Los Angeles, CA 90017
CONTACT
NAME:
PHONE FAX
No. Exit : AIC No):
_IAIC. _
E-MAIL
ADDRESS:
ARn: Lori Bryson (213)-346-5464
INSURERS AFFORDING COVERAGE
NAIL a
INSURER A: Zurich American Insurance Company
16535
06510-AECOM-CAS-12)13 DENVE CO ADWA 83114
INSURED
AECOM TECHNICAL SERVICES, INC.
717 17TH STREET, SUITE 26W
INSURER B:
INSURER C : NIA
NIA
DENVER, CO 80202
INSURER D: NIA
NIA
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: LOS-001514491-01 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
SUBR
POUCY NUMBER
POLICY EFF
MMIDDIYYYY
POLICY EXP
MMrDDIYYYY
LIMITS
A
GENERAL LIABILITY
X
GLO 596589104
04/01/2012
041010013
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 1XI OCCUR
DAMAGE T R NT ❑
PREMISES Ee omunence
$ 1,000,000
MEDEXP(Anyone person)
S 5,000
PERSONAL B ADV INJURY
E 1,000A00
GENERAL AGGREGATE
E 1,000.000
GEN'L AGGREGATE
LIMIT APPLIES PER.
PRODUCTS - COMP/OP AGG
S 1,000,000
X POLICY
PRO- LOC
E
A
AUTOMOBILE
LIABILITY
X
BAP 596589304
041012012
04/01/2013
COMBINED SINGLE LIMIT
E 1,000,000
X
URY Per persn)
S
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOSHIREDAUTOS
ramdeng
URY Per awdent)
S
NON-0WNED
t MACEAUTOS t
$
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
$
AGGREGATE
S
EXCESS LIAB I
CLAIMS -MADE
DED I I RETENTIONS
E
WORKERS COMPENSATION
WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y I N
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED? ❑FNI
E.L. EACH ACCIDENT
E
E.L. DISEASE-EAEMPLOYE
S
IMendatory in NH)
If yes, descrioe under
E.L. DIE EASE -POLICY LIMIT
S
DESCRIPTION OF OPERATIONS bel.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: 7392 CIVIL ENGINEERING, DESIGN, DRAFTING 8 SURVEY SERVICES ON -CALL AGREEMENT
THE CITY OF FORT COLLINS, ITS OFFICERS, AGENTS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED FOR GL 8 AL COVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR
ON BEHALF OF THE NAMED INSURED.
City of Pon Collins
Attn: John Stephen - Senior Buyer
P.O. Box 280
Fort Collins, CO 80524
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh Risk A Insurance Services
David Denihan
n
ell rinhte
ACORD 25 (2010/05)
The ACORD name and logo are registered marks of ACORD
ACORD® CERTIFICATE OF LIABILITY INSURANCE 4/l/2013
DATE,MnvD°""O`V)
7/16/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this Certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER Lockton Insurance Brokers, LLC
19800 MacArthur Blvd., Suite 1250
CA License N01715767
Irvine 92612
CONTACT
NAME:
PHONE FAX
INC.No:
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAICO
949-252-4400
INSURER A: Travelers Property Casualty Co of America
25674
INSURED AECOM Technology Corporation
INSURER B:
INSURER C:
1075642 AECOM Technical Services, Inc
717 17th St., Suite 2600
Denver CO 80202-0202
INSURER D:
INSURER E
INSURER F :
COVERAGES AECTE01 OE CERTIFICATE NUMBER: 11922057 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
rypE OF
ADO
Df$
SUER
POLICY NUMBER
POLICY EFF
MMIDO
POUCYEXP
MMIDD
LIMITS
GENERAL LIABILITY
MCLAI LGENE ABILITY
CLAIMS -MADE OCCUR
NOT APPLICABLE
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES(E. occurrence)
S XXXXXXX
MEO EXP (My one rson
$XXXXXXX
PERSONAL S ADV INJURY
S XXXXXXX
GENERAL AGGREGATE
$ XXXXXXX
GEN'L AGGREGATE LIMIT
POLICY PRO-
APPLIES PER:
OC
PRODUCTS - COMP/OP AGG
$ XXXXXXX
4
AUTOMOBILE
LLIBIL TY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIRED At NON-0WNEO
AUTOS
NOT APPLICABLE
(Ea amgem)
S XXXXXXX
BODILY INJURY (Per person)
$ XXXXXXX
BODILY INJURY Peracddanl
$ XXXXXXX
PROPERLY DAMAGE
S XXXXXXX
SXXXXXXX
UMBRELLA UA9
E%CESS LU1B
OCOUR
CLAIMS -MADE
NOT APPLICABLE
EACH OCCURRENCE
$ XXXXXXX
AGGREGATE
$ XXXXXXX
DEO RETENTION$
$ XXXXXXX
A
AANY
A
WORKERS COMPENSATION
ANDEMPLOTERS'LIABILITY YIN
PROPRIETOPoPARTNEWEXECUTIVE
oFFlCEWMEMaER EXCLUDED?
(Mandatory in NH)
II yes, tlascnbe antler
DESCRIPTION OF OPERATIONS belox
NIA
N
TRID64245B231-12
((A MA,OR,WI
TC2JUB-4245B�2A-12
(All Other States)
4/1/2012
4/1/2012
4/1/2013
4/1/20131,000,000
A U-
X TORY LIMIT
-
ER
E.L. EACHACGOENT
$
E.L. DISEASE- EA EMPLOYE
$ 1,000,000
E.L. DISEASE -POLICY LIMIT
$
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Allach ACORD 101, Addilbnal Remark. Schedule, If mom apace Is m,uired)
Notice of Cancellation applies per attached endorsement. RE: 7392 Civil Engineering, Design, Drafting & Survey Services On -call Agreement
11922057
City of Fort Collins
Attn: John Stephen/ Senior Buyer
PO Box 280
Fort Collins, CO 80524
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
name anal logo are m,nwr ml marks of ACORD
TRAVELERS WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 11 (A)
POLICY NUMBER: TRJUB-4245B231-12
TC2JUB4245B22A-12
NOTICE OF CANCELLATION
Except for non-payment of premium by you, we agree that no cancellation or limitation of this policy shall
become effective until the number of days written notice specified in item 2 of the Schedule has been
mailed to you and to the person or organization designated in item 1 of the Schedule at the address
indicated.
SCHEDULE
1. Name: Any person or organization to whom you have agreed in a written contract that notice of cancellation or
material limitations of this policy will be given but only if:
1. You send us a written request to provide such notice, including the name and address of such person or
organization, after the first Named Insured receives notice from us of the cancellation or material limitation of
this policy; and
2. We receive such written request at least 14 days before the beginning of the applicable number of days
shown in this Schedule.
Address: The address for that person or organization included in such written request from you to us
2. Number of Days Written Notice: 30 Additional Days
City of Fort Collins Attn: John Stephen/ Senior Buyer
PO Box 280
Fort Collins„ CO 80524
This endorsement changes the policy to which it is attached and is effective on the date issued unless
otherwise stated.
(The information below is required only when this endorsement is issued subsequent to
preparation of the policy.)
Endorsement Effective: 4/1/2012 Policy No. TRJUB424513231-12 Endorsement No.
TC2JUB4245B22A-12
Insured AECOM Technology Corporation AECOM Technical Premium $
Services, Inc
Insurance Company Travelers Property Casualty Co of America
Page 1 of 1
Attachment Co : DU 1827
Masw ID: 107W2, Cert18cab ID: 11922057
A� o® CERTIFICATE OF LIABILITY INSURANCE
DATEyrv()
0711fi/2012
2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME:
Marsh Risk & Insurance Services
PHONE INc
CA License#0437153
No:
E-MAIL
ADDRESS:
777 South Figuema Sheet
Los Angeles, CA 90017
Attn: Lori Bryson (213)-346-5464
INSURERS AFFORDING COVERAGE
NAIC N
INSURER A : Zurich American Insurance Company
16535
06510-AECOM-CAS-12/13 DENVE CO ADWA 83114
INSURED
AECOM TECHNICAL SERVICES, INC.
INSURER B
INSURER C : NIA
N/A
71717TH STREET, SUITE 2600
INSURER D : NIA
N/A
DENVER, CO 80202
INSURER E :
INSURER F
COVERAGES CERTIFICATE NUMBER: LOS-001514491-01 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRADOLSUBR
R
TYPE OF INSURANCE
INSR
WVD
POLICY NUMBER
MMIDOYr�
MOLICY/YEEXPl
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE I X I OCCUR
X
GLO 596589104
04/0112012
04/01/2013
EACH OCCURRENCE
$ 1,000,000
DAMAGETR
PREMISES occurccum rence
$ 1,000,000
MED EXP(Any we person)
S 5,000
PERSONAL& AOV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 1,000,000
GENT AGGREGATE LIMIT APPLIES PER:
X POLICY PRO- LOD
JECT
PRODUCTS - COMPIOP AGG
$ 1,000,000
$
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
X
BAP 596589304
0411
G4/012013
COMBINED SINGLE LIMIT
Ea accident
$ 1000 OOU
X
BODILY INJURY (Per person)
S
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Peraccidenl
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
IS
DED I I RETENTIONS
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNER/EXECUTIVE❑
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
It yes descnNe under
DESCRIPTION OF OPERATIONS W.
NIA
WC STATU- OTH-
EL EACH ACCIDENT
S
E.L. DISEASE - EA EMPLOYE
S
E.L. DISEASE -POLICY LIMIT
S
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
RE: 7392 CIVIL ENGINEERING, DESIGN, DRAFTING & SURVEY SERVICES ONCALLAGREEMENT
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.
City of Fort Collins
At1D, John Stephen -Senior Buyer
P.O Box 280
Fart Collins, CO 80524
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh Risk & Insurance Services
David Denihan
All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
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. 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 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
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 4 of 31
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.
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:
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 5 of 31
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
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
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 6 of 31
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.
19. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C" — DBE Definitions and
Requirements, consisting of six (6) pages; Exhibit "D" — Local Agency Procedures for
Consultant Services, consisting of two (2) pages; Exhibit "E" — Federal Contract Requirements,
consisting of twelve (12) pages, attached hereto and incorporated herein by this reference.
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 7 of 31
THE CITY OF FORT COLLINS, COLORADO
By: . LD 4 C, 9
JamesS7QNef1I II, CPPO, F1 IGP
W j Director of Purchasing & Risk Management
Date:
ATTEST: cc
RT Cp�
City Clerk A ROV SFORM:Assistant 'Attorn ni oR
AECOM TECHNICAL SERVICES INC.
By: - a
Title: `y I(4
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: `1
(Corporate Sea])
Corporate SecrefAN
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 8 of 31
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
AECOM TECHNICAL SERVICES INC.
DATED:
Work Order Number:
Purchase Order Number:
Project Title: 7392 CIVIL ENGINEERING, DESIGN, DRAFTING & SURVEY SERVICES ON -CALL
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
User Acceptance
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 _ U 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:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call Page 9 of 31