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HomeMy WebLinkAboutAecom Technical Services-7/18/2011A=COM AECOM 319 232 6531 tel 501 Sycamore Street 319 232 0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Blowers Creek and Dry Run Creek Storm Water Lift Stations City of Waterloo, Iowa (Project) This Agreement is by and between City of Waterloo (Client) 715 Mulberry Waterloo, Iowa 50703 and, AECOM Technical Services, Inc. (ATS) 501 Sycamore, Suite 222 Waterloo, Iowa 50703 Who agree as follows: Client hereby engages ATS to perform the services described in Part I ("Services") and ATS agrees to perform the Services for the compensation set forth in Part III. ATS shall be authorized to commence the Services upon execution of this Agreement. Client and ATS agree that this signature page, together with Parts I-IV and attachments referred to therein, constitute the entire agreement between them relating to the Project ("Agreement"). APPROVED FOR CLIENT APPROVED FOR AECOM TECHNICAL SERVICES, INC. Printed Name Ernest G. Clark Printed me Joe A. Becker Title Mayor Title Vice President Date ZJuL 1 -4 Date January 6, 2011 A:COM PART I ATS'S RESPONSIBILITIES A. Project Description Page 2 The project consists of construction of Storm Water Lift Stations for Blowers Creek and Dry Run Creek within the City of Waterloo. The Blowers Creek Lift Station drains 4,510 acres on the northeast side of the city. Blowers Creek is comprised of three main tributaries, including Maywood Branch, City View Branch and Main Branch of Blowers Creek. During the record 2008 Cedar River flood event, extensive interior flooding occurred upstream of the gate closure due to significant rainfall occurring after the outfall for Blowers Creek was closed. The project will include construction of a Storm Water Lift Station near the existing outlet to be used in conjunction with the interior ponding areas to improve the discharge characteristics of Blowers Creek during a Cedar River flood event when gate closure is required. The Dry Run Creek watershed drains 2,971 acres on the southwest side of the City. Two large detention basins at Liberty Park and Bontrager Park are designed for flow reduction at the outlet. A proposed third detention basin is located on the south side of Highway 20. As occurred in the Blowers Creek watershed, during the 2008 flood event interior flooding occurred upstream of the Dry Run Creek Outlet due to excessive rainfall occurring. The project will include construction of a storm water lift station near the existing outlet to be used in conjunction with the upstream detention basins to minimize interior ponding. B. Scope of Services The Scope of Services will encompass and include all detailed work, services, materials, equipment, personnel and supplies necessary to provide design survey, hydrologic and hydraulic evaluation, preliminary design report preparation, wetland delineation, geotechnical engineering, preliminary and final design and construction plan preparation, and construction - related services for the project. The plans and specifications will be prepared in a format suitable for a City of Waterloo letting. The Scope of Services for the project is further defined below for both the Blowers Creek and Dry Run Creek Storm Water Lift Stations: Blowers Creek Storm Water Lift Station Design Phase Design Survey (Tasks 1-3) The following identifies tasks leading to the completion of the design survey required for the Blowers Creek Lift Station: Task 1 - Data Collection Task 2 - Survey and Base Mapping Task 3 - Survey Note Reduction, Base Mapping and DTM Development Hydrologic and Hydraulic Development (Tasks 4-10) These tasks include the development of a hydrologic and hydraulic model to assist in appropriately sizing the Blowers Creek Pump Station. Hydrologic properties within the watershed will be developed as a basis for the model. The XP SWMM Model will be used for the hydrologic and hydraulic analyses. Results from the initial modeling will be correlated to the existing 10 -year Regulatory Flow Rates for use in sizing the lift station. Existing storage, or interior ponding areas, will be determined and included in the analyses. A stage -storage - discharge curve will be established for the pump station site and the 1-, 2-, 5-, 10-, and 100- A=COM Page 3 year storm frequencies will be analyzed. The results from the modeling will serve as the basis for the sizing of the storm water lift station. The 100 -year storm frequency will be analyzed to determine ponding limits at the pump station location. The following tasks lead to the completion of the hydrologic and hydraulic development: Task 4 - Development of Hydrologic and Hydraulic Parameters for Watershed and Outlet Task 5 - Development of XP SWMM Model Task 6 - Correlation of XP SWMM Model Results to Existing Requlatory Flows Task 7 - Development of Staqe-Storaqe-Discharge Curves for Interior Ponding Areas Task 8 - Multiple Frequency Analysis for Storm Water Lift Station Sizing Task 9 - Development of Ponding Delineation for Each of the Storm Frequencies Analyzed (At Outlet) Task 10 - Summary Report of Hydrologic and Hydraulic Analyses Preliminary Design Report (Tasks 11-17) These tasks lead to the development of the Preliminary Design Report, which will be the basis for the Blowers Creek Storm Water Lift Station Design. The Preliminary Design Report will include the hydrologic and hydraulic analyses summary, including design flows and ponding elevations for the storm frequencies analyzed. The report will also include preliminary cost estimates for each frequency reviewed, preliminary pump size and type selection, electric single line diagram, instrumentation and control recommendations, permit requirements, mechanical plan and section and a preliminary site plan. The following tasks lead to the completion of the preliminary design report: Task 11 - Pump Size and Type Selection Task 12 - Electrical Single Line Diagram Task 13 - Instrumentation and Control Recommendations Task 14 - Summary of Permit Requirements Task 15 - Preliminary Site Plan Task 16 - Mechanical Plan and Section Task 17 - Report Preparation Wetland Delineation and Geotechnical Engineering Report (Tasks 18-19) These tasks include the wetland delineation required for the project in addition to soil borings and a geotechnical engineering report. If it is determined that wetland mitigation and associated monitoring are required, the task would be added as an amendment to this agreement. These tasks will be completed by Stantec and Terracon, respectively. Task 18 - Wetland Delineation (Completed by Stantec) Task 19 - Geotechncial Engineering (Completed by Terracon) Preliminary Plan Preparation (Tasks 20-34) These tasks include preparation of preliminary plans for the Blowers Creek Storm Water Lift Station in addition to development of a preliminary cost estimate. The basis for the preliminary plan design will be the selected design frequency from the design report. The following tasks lead to the completion of the Preliminary Plan Preparation: Task 20 - Title and Legend Sheets Task 21 - Typical Sections and Details Task 22 - Pump Station Site Plan Task 23 - Architectural Plan Task 24 - Structural Plan Sheet Task 25 - Electrical Plan A:COM Task 26 - Mechanical Plan Task 27 - Plan and Profile Sheets - Outlet Task 28 - Geometric Layout Sheets Task 29 - Review of Geotechnical Engineering Report Task 30 - Quality Control Review Task 31 - Final Revisions Task 32 - Construction Cost Estimate Task 33 - Printing and Submittals Task 34 - Field Review Final Construction Plans and Specifications (Tasks 35-52) Page 4 These tasks include preparation of final construction plans and specifications in a format suitable for a City of Waterloo letting. Final construction documents will be completed upon approval of the preliminary plan submittal. These tasks will include work necessary to complete the outlet revisions, levee modifications, lift station site plan revisions, final architectural, structural, electrical and mechanical details, tabulations and quantities, final typical sections and details, and remaining work necessary to complete the construction documents for letting. The following identifies tasks leading to the completion of the final construction documents. Task 35 - Title and Legend Sheets Task 36 - Typical Sections and Details Task 37 - Bid Items and General Notes a. Bid Item and Quantity Listing b. Estimate Reference Information c. General Notes Task 38 - Tabulations and Quantities Task 39 - Pian and Profile Sheets — Outlet Details Task 40 - Final Pump Station Site Plan Task 41 - Final Architectural Details Task 42 - Final Structural Design and Details Task 43 - Final Electrical Design and Details (Including Back -Up Power) Task 44 - Final Mechanical Design and Details Task 45 - Geometric Layout Sheets Task 46 - Construction Staging and Traffic Control Sheets Task 47 - Quality Control Review Task 48 - Final Revisions Task 49 - Construction Cost Estimate Task 50 - Specifications Task 51 - Printing and Submittals Task 52 - Field Review Project Administration and Meetings (Tasks 53-57) These tasks include project administration, coordination of the subconsultants and meetings throughout the project development. It is anticipated that four project meetings will be conducted during the design phase. These tasks also include obtaining project permits, pre - letting activities and general project administration. The following identifies tasks leading to the completion of project administration, meetings and coordination during the design phase of the project. Task 53 - Project Meetings Task 54 - Subconsultant Coordination Task 55 - Proiect Permitting (COE, Iowa DNR) Task 56 - Pre -Letting Activities Task 57 - Project Administration A=COM Blowers Creek Storm Water Lift Station Construction -Related Services Page 5 The Scope of Services for construction -related services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the project. The Scope of Services is further defined as follows: Task 58. Attend a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 59. Provide construction -staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Set Stakes for Utilities c. Set Stakes for Silt Fence d. Set Stakes for Outlet Revisions e. Set Stakes for Pump Station f. Set Stakes for Site Grading Task 60. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 61. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 62. Review bi-monthly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 63. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 64. Prepare and assist the Client and Contractor in preparing and processing contract change orders. Task 65. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 66. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Task 67. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 68. Participate in a review of the project with the Client and review staff near completion and prepare a list of items to be completed or corrected. A=COM Page 6 Task 69. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 70. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 71. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 72. Assist the Client with the final close-out documentation from the Contractor. Dry Run Creek Storm Water Lift Station Design Phase Design Survey (Tasks 73-75) The following identifies tasks leading to the completion of the design survey required for the Dry Run Creek Storm Water Lift Station: Task 73 - Data Collection Task 74 - Survey and Base Mapping Task 75 - Survey Note Reduction, Base Mapping and DTM Development Hydrologic and Hydraulic Development (Tasks 76-82) These tasks include the development of a hydrologic and hydraulic model to assist in appropriately sizing to Dry Run Creek Storm Water Lift Station. Hydrologic properties within the watershed will be developed as a basis for the model. The XP SWMM Model will be used for the hydrologic and hydraulic analyses. Results from the initial modeling will be correlated to existing 10 -year Regulatory Flow Rates for use in sizing the lift station. The stage -storage - discharge curve will be developed for the Dry Run Creek Arch as a part of the analyses. The upstream detention basins will also be incorporated in the model to account for the upstream flow reduction. The storm frequencies to be analyzed are the 1-, 2-, 5-,10-, and 100 -year storm frequencies. The 100 -year storm frequency will be analyzed to determine ponding limits at the pump station location. Finally, the Dry Run Creek Arch profile will be reviewed, along with the storm sewer inlets to the arch and the associated Tideflex Valves. The results from the modeling will serve as the basis for the sizing of the storm water lift station. The following tasks lead to the completion of the hydrologic and hydraulic development. Task 76 - Development of Hydrologic and Hydraulic Parameters for Watershed and Outlet Task 77 - Development of XP SWMM Model Task 78 - Correlation of XP SWMM Model Results to Existing Regulatory Flows Task 79 - Development of Stage -Storage -Discharge Curves for Dry Run Creek Arch Task 80 - Multiple Frequency Analysis for Storm Water Lift Station Sizing Task 81 - Development of Ponding Delineation for Each of the Storm Frequencies Analyzed (At Outlet) Task 82 - Summary Report of Hydrologic and Hydraulic Analyses ACOM Preliminary Design Report (Tasks 83-89) Page 7 These tasks lead to the development of the Preliminary Design Report, which will be the basis for the Dry Run Creek Storm Water Lift Station. The Preliminary Design Report will include the hydrologic and hydraulic analyses summary, including design flows and ponding elevations for the storm frequencies analyzed. The report will include the Dry Run Creek Arch critical elevations, including a summary of the individual storm sewer outlets to the arch and the associated Tideflex Valves. The report will also include preliminary cost estimates for each frequency reviewed, preliminary pump size and type selection, preliminary electric single line diagram, instrumentation and control recommendations, permit requirements and a preliminary site plan, including mechanical plan and section. Task 83 - Pump Size and Type Selection Task 84 - Electrical Single Line Diagram Task 85 - Instrumentation and Control Selection Task 86 - Summary of Permit Requirements Task 87 - Preliminary Site Plan Task 88 - Mechanical Plan and Sections Task 89 - Report Preparation Wetland Memorandum and Geotechnical Engineering Report (Tasks 90-91) These tasks include the wetland memorandum required for the project in addition to soil borings and a geotechnical engineering report. It is assumed that only a memorandum of a site review by the wetland biologist will be required at this site as no wetlands are anticipated. These tasks will be completed by Stantec and Terracon, respectively. Task 90 - Wetland Memorandum (Completed by Stantec) Task 91 - Geotechncial Engineering (Completed by Terracon) Preliminary Plan Preparation (Tasks 92-106) These tasks include preparation of preliminary plans for the Dry Run Creek Storm Water Lift Station in addition to development of a preliminary cost estimate. The basis for the preliminary plan design will be the selected design frequency from the design report. The following tasks lead to the completion of the Preliminary Plan Preparation: Task 92 - Title and Legend Sheets Task 93 - Typical Sections and Details Task 94 - Pump Station Site Plan Task 95 - Architectural Plan Task 96 - Structural Plan Sheet Task 97 - Electrical Plan Task 98 - Mechanical Plan Task 99 - Plan and Profile Sheets - Storm Sewer Task 100 - Geometric Layout Sheets Task 101 - Review of Geotechnical Engineering Report Task 102 - Quality Control Review Task 103 - Final Revisions Task 104 - Construction Cost Estimate Task 105 - Printing and Submittals Task 106 - Field Review AZ -COM Final Construction Plans and Specifications (Tasks 107-124) Page 8 These tasks include preparation of final construction plans and specifications in a format suitable for a City of Waterloo letting. Final construction documents will be completed upon approval of the preliminary plan submittal. These tasks will include work necessary to complete the storm sewer revisions, levee modifications (including flood wall), lift station site plan revisions, final architectural, structural, electrical and mechanical details, tabulations and quantities, final typical sections and details, and remaining work necessary to complete the construction documents for letting. The following identifies tasks leading to the completion of the final construction documents. Task 107 - Title and Legend Sheets Task 108 - Typical Sections and Details Task 109 - Bid Items and General Notes a. Bid Item and Quantity Listing b. Estimate Reference Information c. General Notes Task 110 - Tabulations and Quantities Task 111 - Plan and Profile Sheets - Storm Sewer Outlet Task 112 - Final Pump Station Site Pian Task 113 - Final Architectural Details Task 114 - Final Structural Design and Details (Including Flood Wall Revisions) Task 115 - Final Electrical Design and Details (Including Back -Up Power) Task 116 - Final Mechanical Design and Details Task 117 - Geometric Layout Sheets Task 118 - Construction Staging and Traffic Control Sheets Task 119 - Quality Control Review Task 120 - Final Revisions Task 121 - Construction Cost Estimate Task 122 - Specifications Task 123 - Printing and Submittals Task 124 - Field Review Project Administration and Meetings (Tasks 125-129) These tasks include project administration, coordination of the subconsultants and meetings throughout the project development. It is anticipated that four project meetings will be conducted during the design phase. These tasks also include obtaining project permits, pre - letting activities and general project administration. The following identifies tasks leading to the completion of project administration, meetings and coordination during the design phase of the project. Task 125 - Proiect Meetings Task 126 - Subconsultant Coordination Task 127 - Project Permitting (COE, Iowa DNR) Task 128 - Pre -Letting Activities Task 129 - Project Administration A=COM Dry Run Creek Storm Water Lift Station Construction -Related Services Page 9 The Scope of Services for construction -related services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the project. The Scope of Services is further defined as follows: Task 130. Attend a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 131. Provide construction -staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Set Stakes for Utilities c. Set Stakes for Silt Fence d. Set Stakes for Storm Sewer Outlet e. Set Stakes for Pump Station f. Set Stakes for Site Grading Task 132. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 133. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 134. Review bi-monthly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 135. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 136. Prepare and assist the Client and Contractor in preparing and processing contract change orders. Task 137. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 138. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Task 139. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 140. Participate in a review of the project with the Client and review staff near completion and prepare a list of items to be completed or corrected. A=COM Page 10 Task 141. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 142. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 143. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 144. Assist the Client with the final close-out documentation from the Contractor. Schedule The project schedule will be completed in the following timeframe, assuming all approvals and decisions are obtained within the appropriate timeframes: Days From NTP 1) Completion of Preliminary Design Report 60 2) Approval of Preliminary Design Report and Pump Station Design Frequency Selection (By Others) 65 3) Permit Application Submittals 75 4) Completion of Conceptual Plans (30% Submittal) 75 5) Completion of Preliminary Plans and Construction Cost Estimate (60% Submittal) 105 6) Approval of Preliminary Plans (By Others) 110 7) Permits Received by Review Agencies (By Others) 135 8) Completion of Final Plans, Specifications and Cost Estimate (95% Submittal) 145 9) Completion of Construction Documents for Bidding 150 PART II CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the Services. A. Information/Reports Furnish ATS necessary information/reports, all of which ATS may rely upon without independent verification in performing the Services. B. Representative Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions with respect to the Services. A:COM C. Decisions Page 11 Provide all criteria and full information as to Client requirements for the Project, obtain (with ATS's assistance, if applicable) necessary approvals and permits, attend Project -related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow ATS to perform the Services. PART III COMPENSATION, BILLING, AND PAYMENT Client shall pay ATS for the Services in accordance with the following: A. Compensation for the above Services for Blower's Creek Storm Water Lift Station shall be a cost plus fixed fee in the amount of Six Hundred Forty Thousand Dollars ($640,000.00). The cost is further defined in Attachment A. B. Compensation for the above Services for Dry Run Creek Storm Water Lift Station shall be a cost plus fixed fee in the amount of Two Hundred Eighty Thousand Dollars ($280,000.00). The cost is further defined in Attachment B. C. ATS may bill the Client monthly for services completed at the time of billing, with net payment due in 30 days. Past -due balances shall be subject to a service charge at the rate of 1% per month per request by ATS. Unless Client provides ATS with a written statement of any objections to the bill within 15 days of receipt, Client shall be deemed to accept the bill as submitted. PART IV STANDARD TERMS AND CONDITIONS Part IV, Standard Terms and Conditions, is modified to include the following conditions: A. The Owner, EDA, or the Comptroller General of the United States, or any of their duly authorized representatives shall, generally until three years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts and transcriptions. B. ATS agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders that do not exceed $10,000. C. The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the disputes clause of this contract, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the Owner, EDA, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims or exceptions. L:\work\ADMINWGREEPROF\WatBlowersCreekLiftStation.doc 1. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional services are not subject to, and ATS can not provide, any warranty or guarantee, express or implied, including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders, requisitions or notices to proceed issued by Client are specifically objected to. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, information supplied by Client. For some projects involving conceptual or process development services, scope may not be fully definable during initial phases. As the Project progresses, facts discovered may indicate that scope must be redefined. 3. SAFETY. ATS has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, ATS specifically disclaims any authority or responsibility for general job site safety and safety of persons other than ATS employees. 4. DELAYS. If events beyond the control of Client or ATS, including, but not limited to, fire, flood, explosion, riot, strike, war, process shutdown, act of God or the public enemy, and act or regulation of any govemment agency, result in delay to any schedule established in this Agreement, such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 60 days, ATS shall be entitled to an equitable adjustment in compensation. 5. TERMINATION/SUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other party. Client shall pay ATS for all Services, including profit relating thereto, rendered prior to termination, plus any expenses of termination. In the event either party defaults in its obligations under this Agreement (including Client's obligation to make the payments required hereunder), the non - defaulting party may, after 7 days written notice stating its intention to suspend performance under the Agreement if cure of such default is not commenced and diligently continued, and failure of the defaulting party to commence cure within such time limit and diligently continue, suspend performance under this Agreement. 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs prepared by ATS is supplied for the general guidance of the Client only. Since ATS has no control over competitive bidding or market conditions, ATS cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to Client 7. RELATIONSHIP WITH CONTRACTORS. ATS shall serve as Client's professional representative for the Services, and may make recommendations to Client conceming actions relating to Client's contractors, but ATS specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences or procedures of construction selected by Client's contractors. 8. CONSTRUCTION REVIEW. For projects involving construction, Client acknowledges that under generally accepted professional practice, interpretations of construction documents in the field are normally required, and that performance of construction -related services by the design professional for the project permits errors or omissions to be identified and corrected at comparatively low cost. Client agrees to hold ATS harmless from any claims resulting from performance of construction -related services by persons other than ATS. 9. INSURANCE. ATS will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker's Compensation, and Employer's Liability in amounts in accordance with legal, and ATS's business requirements. Certificates evidencing such coverage will be provided to Client upon request. For projects involving construction, Client agrees to require its construction contractor, if any, to include ATS as an additional insured on its policies relating to the Project ATS's coverages referenced above shall, in such case, be excess over contractor's primary coverage. 10. HAZARDOUS MATERIAL. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. ATS and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. ATS agrees to notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. Client acknowledges and agrees that It retains title to all hazardous material existing on the site and shall report to the appropriate federal, state or local public agencies, as required, any conditions at the site that may present a potential PART IV STANDARD TERMS AND CONDITIONS danger to the public health, safety or the environment. Client shall execute any manifests or forms in connection with transportation, storage and disposal of hazardous materials resulting from the site or work on the site or shall authorize ATS to execute such documents as Client's agent. Client waives any claim against ATS and agrees to defend, indemnify, and save ATS harmless from any claim or liability for injury or loss arising from ATS's discovery of unanticipated hazardous materials or suspected hazardous materials. 11. INDEMNITY. ATS agrees to defend, indemnify and save harmless the Client, its agencies, agents, employees and assignees from all claims and liabilities due to design error, omission or negligent act of ATS, its members, agents, stockholders or employees in connection with performance of this Agreement. 12. ACCESS. Client shall provide ATS safe access to any premises necessary for ATS to provide the Services. 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electronic media, pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without written verification or adaptation by ATS for the specific purpose intended, shall be at the Client's risk. Further, all title blocks and the engineer's seal, if applicable, shall be removed if and when Client provides deliverables in electronic media to another entity. Client agrees that relevant analyses, findings and reports provided in electronic media shall also be provided in "hard copy" and that the hard copy shall govem in the case of a discrepancy between the two versions, and shall be held as the official set of drawings, as signed and sealed. Client shall be afforded a period of 30 days in which to check the hard copy against the electronic media. In the event that any error or inconsistency is found as a result of this process, ATS shall be advised and the inconsistency shall be corrected at no additional cost to Client. Following the expiration of this 30 -day period, Client shall bear all responsibility for the care, custody and control of the electronic media. In addition, Client represents that it shall retain the necessary mechanisms to read the electronic media, which Client acknowledges to be of only limited duration. Client agrees to defend, indemnify, and hold harmless ATS from all claims, damages, and expenses, (including reasonable litigation costs), arising out of such reuse or alteration by Client or others acting through Client. 14. AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 15. ASSIGNMENT. Except for assignments (a) to entities which control, or are controlled by, the parties hereto or (b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. 16. STATUTES OF LIMITATION. To the fullest extent permitted by law, parties agree that, except for claims for indemnification, the time period for bringing claims under this Agreement shall expire one year after Project completion. 17. DISPUTE RESOLUTION. Parties shall attempt to settle disputes arising under this agreement by discussion between the parties senior representatives of management. If any dispute can not be resolved in this manner, within a reasonable length of time, parties agree to attempt non-binding mediation or any other method of altemative dispute resolution prior to filing any legal proceedings. In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs from the other party. 18. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. 19. NO THIRD -PARTY BENEFICIARY. Nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Client's contractors, if any. 20. SEVERABILITY. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 21. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. L:\WORK ADMIMAGREE\SAVE\WaterlooTC.doc Dec 2008 Blowers Creek Storm Water Lift Station City of Waterloo, Iowa Cost Analysis' I. , Direct Labor Cost (AECOM Technical Services) Category Senior Professional Project Professional Staff Professional CADD Operator II/Sr. Tec CADD Operator !/Tech Project Support Hours Rate/Hour Amount 218 $68.00 $14,824.00 1,978 $46.00 $90,988.00 864 $39.00 $33,696.00 1,692 $29.50 $49,914.00 724 $20.50 $14,842.00 376 $26.00 $9,776.00 5852 11. Payroll Burden and Overhead Provisional Costs III. Direct Project Expenses Category Mileage Per Diem Lodging B/W Copies Color Copies EDM Equipment GPS Equipment Miscellaneous, Other IV. ATS Estimated Actual Costs V. Subcontract Expense Stantec Terracon Consultants VI. Estimated Actual Costs VII. Fixed Fee VIII. Maximum Amount Payable 160.00% Units Rate/Unit Amount 3000 0.5 1,500.00 0 40.00 0.00 0 80.00 0.00 20000 0.06 1,200.00 800 0.12 96.00 80 12.50 1,000.00 80 25.00 2,000.00 400.00 Rounded $1,700.00 $3,300.00 Attachment A $214,040.00 $342,464.00 $6,196.00 $562,700.00 $562,700.00 $5,000.00 $567,700.00 $72,300.00 $640,000.00 Blowers Creek Storm Water LIft Station City of Waterloo, Iowa Staff Hour Estimate Description of Work Senior Eng/Prof g/ Project Eng/Prof Staff Eng/Prof CADD II/ Sr. Tech CADD I/ Tech Project Support Total BLOWERS CREEK - DESIGN PHASE Design Survey 1 Data Collection 2 2 4 2 Survey & Base Mappinq 4 20 20 40 4 3 Survey Note Reduction, Base Mapping & DTM Development Hydrologic & Hydraulic Development 4 Develop H&H Parameters for Watershed & Outlet 8 16 8 32 5 Develop XP SWMM Model 2 12 30 0 44 6 Correlation of XP SWMM Model Results to Existing Regulatory Flows 2 8 4 160 12 • 0 26 16 7 Develop Stage -Storage -Discharge Curves fOr Interior Ponding Areas 8 Multiple Frequency Analysis for Storm Water Lift Station Sizl • 4 16 _ 24 0 44 9 Develop Ponding Delineation for Each of the Storm Water Freq Analyzed 2 8 12 12 34 10 Summary Report of H&H Analyses 6 12 24 0 42 Preliminary Design Report 11 Pump Size & Type Selection 16 16 12 Electrical Single Line Diagram 16 - 16 8 24 16 13 Instrumentation & Control Recommendations 14 Summary of Permit Requirements 2 4 6 15 Preliminary Site Plan 16 16 8 8 48 16 Mechanical Plan & Section 16 24 _ 40 17 Report Preparation 32 8 8 8 56 Wetland Delineation & Geotechnical Engineering Report 18 Wetland Delineation (Completed by Stantec) 19 Geotechnical Engineering (Completed by Tarracon) Preliminary Plan Preparation 20 Trite & Legend Sheets 2- 6 8 21 Typical Sections & Details 20 20 12 12 64 22 Pump Station Site Plan 4 48 40 24 24 140 23 Architectural Plan 16 16 32 24 Structural Plan Street 24 18 40 25 Electrical Plan 12 8 20 26 Mechanical Plan 16 16 27 Plan & Profile Sheets - Outlet 12 12 8 8 40 28 Geometric Layout Sheets 4 4 4 4 16 29 Review of Geotechnical Engineering Report 4 4 20 56 8 40 32 100 30 Quality Control Review 31 Final Revisions 24 18 24 8 74 32 Construction Cost Estimate 4 24 18 8 54 33 Printing & Submittals 16 16 16 48 34 Field Review 4 4 8 Final Construction Plans & Specifications 35 Title & Legend Sheets 2 4 6 36 Typical Sections & Details 4 40 40 24 24 132 37 Bid Items & General Notes a. Bid Item & Quantity Listing• 4 12 24 8 8 56 b. Estimate Reference Information 4 12 24 8 8 56 c. General Notes 4 12 24 8 8 56 38 Tabulations & Quantities 8 40 40 20 20 128 39 Plan & Profile Sheets - Outlet Details 16 16 12 12 56 40 Final Pump Station Site Plan 32 24 16 16 88 41 Final Architectural Details 40 40 40 32 40 40 40 = 80- 80 42 Final Structural Design & Details 43 Final Electrical Design & Details (Including Back-up Power) 112 44 Final Mechanical Design & Details 80 48 88 196 45 Geometric Layout Sheets 4 4 8 46 Construction Staging & Traffic Control Sheets 2 4 4 10 47 Quality Control Review 4 88 44 136 48 Final Revisions 48 30 16 16 110 49 Constructon Cost Estimate 4 24 1846 • 50 Specifications 240 88 80 408 51 Printing & Submittals24 24 40 88 52 Field Review 4 4 8 Blowers Creek Storm Water Lift Station City of Waterloo, Iowa Staff Hour Estimate Description of Work Senior Eng/Prof Protect Eng/Prof Staff Eng/Prof CADD I1/ CADD i/ Sr. Tech Tech Project Support Total PrJect Administration & Meetings 53 Project Meetings 16 16 16 8 40 16 54 Subconsuitani Coordination 55 Project Permitting (COE; Iowa DNR) 16 8 8 32 56 Pre -letting Activities 16 16 57 Prolecl Administration 40 20 20 40 120 _ 180 1,264 828192 .3,284 ,Subtotal - Blowers Creek Design Phase Milli! BLOWERS CREEK - CONSTRUCTION -RELATED SERVICES Blowers Creek Construction -Related Services 58 Attend Pre -Construction Conference 2 2 4 412 59 Provide Construction Staking for Horizontal & Vertical Controls LI20 32 a. Set Project Control 4 8 8 4092 48 16 b. Set Slakes for Utilities 12 40 ! 4 c. Set Stakes for Silt Fence d. Set Stakes for Outlet Revisions 16 e. Set Stakes for Pump Station 320 12 8 60 32 60 32 a 132 72 f. Set Stakes for Site Grading 601 Review Dhopesi 120 440 124 80 nn 61 Answer Design Interpretation Questions 4 120 40440 62 Review Bi -monthly Apply ations for P =nt 63 Construction Site Visits by Design Personnel 40 64 Prepare.& Assist wlh Contract Change Orders 64 24 88 65 Periodic Field Observation 800 300 1_ 100 66 Report to Client any Work that is Unsatisfactory, Faulty or Defective 4 4 16 64 8 ti 28 76 67 Evaluate Contractor's Suggestions for Modifications 68 Review Project w/Client & Review Staff Near Completion 4 4 8 16 69 Field Observation of Completed Project w/Client & Review Staff 4 4 4 12 70 Maintain Files 60 60 71 Provide Client w/copy of Revised Drawings of Construction Plans 16 16 24 40 40 56 80 72 Final Cbse-out Documentation Assistance Subtotal Blowers Creek Construction -Related Services 38 714 36 1,136 460 184 2,568 TOTAL HOURS 218 1,978 864 1,692 724 376 5,852 Dry Run Creek Storm Water Lift Station City of Waterloo, Iowa Cost Analysis I. Direct Labor Cost (AECOM Technical Services) Category Senior Professional Project Professional Staff Professional CADD Operator II/Sr. Tec CADD Operator I/Tech Project Support Hours Rate/Hour Amount 133 $68.00 $9,044.00 782 $46.00 $35,972.00 412 $39.00 $16,068.00 748 $29.50 $22,066.00 234 $20.50 $4,797.00 212 $26.00 $5,512.00 2521 II. Payroll Burden and Overhead Provisional Costs III. Direct Project Expenses Category Mileage Per Diem Lodging BIW Copies Color Copies EDM Equipment GPS Equipment Miscellaneous, Other IV. ATS Estimated Actual Costs V. VI. Subcontract Expense Stantec Terracon Consultants Estimated Actual Costs VII. Fixed Fee VIII. Maximum Amount Payable Units Rate/Unit 1000 0.5 0 40.00 0 80.00 5000 0.06 200 0.12 20 12.50 20 25.00 160.00% Amount 500.00 0.00 0.00 300.00 24.00 250.00 500.00 250.00 Rounded $300.00 $3,300.00 Attachment .B $93,459.00 $149,534.40 $1,824.00 $244,817.40 $244,800.00 $3,600.00 $248,400.00 $31,600.00 $280,000.00 8 b b Me!naa 13!0!,4 bZl slell!wgnS g tlu9uud 'fir- OP 66 9 9 891. 86 07 001. suo9e0gpedS ZZ6 ZE Z1. 91 b elewee31s09 uo13n49su03 1.61 69 9 9 21 9E suolSIAON IBuld 061 OS 91 OE 4 Ma!Asti 1o41uo3 A19en° 611 01 b 6 Z mays lotluo3 3910419 6146e19. uoa3rulsuo3 913 9 6 6 steam InoAel aulewoe° Ll l sflela° 9 UBlsB° 18alue4oen leuld 911 09 61 172 09 916 61 91. 4emo delays 6 ( d x813 09e1P0!) sflelea 8 u6ise01831i13013 leuld 911 (suols!na8 IBM Pool] 6u1pn13u1) 0!!0!00 91161080 IemPrul9 18013 Pt I. 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OZ OZ lauuosied ub!s0O 6q sgs!n 0119 0093011su09 991 04 9 ZE lueuuied.103 suopeollddy 4J41UOW-i9 Ma!AOH 11£ 1. 91 ZL 4 suollsenp uolleleidielul u8ise0 JOMsuy EE I. 61.1. Z£ 08 s6uPnet° dogs Me!na21 661 OZ 9 9 b 6wpe10 0119101 SWIMS 109'1 Ob 91 91. 9 u09819 dwnd 101 S0)l0ls les 0 9 6 4 lallnO lames uu01S lot 90 019 las 'P 4 6 Z 00004 819 101 S0I1e1S 109 0 8Z 6 L 61. b senor' 101 Se1101S 10S •q 9 Z 6 6 !011uo3loe[old.les'e slopu00 le3810A 9 IeluazpOH 10) Ou0Ie1S uogoniisuo0 0P!AOld 1.61. 61 4 4 Z Z eouelaluo0 uogoruisuo0-eld Pually 0E1 supplies pele/O&-uonan11suo3 - Msefo Una i(47 S33IMIas a iv1 1-N0110(12LLsNOO - )1331:13 Nf1N A?JO 0991 911 091 666 666 699 LOG esegd uB/sa01100J0 una .(JQ lelolgns P4 ' 46 6 4 ZL u0!legs!ulwpy lOOIOid 661. 9 9 saUlAllad 0011101 -aid 96L 91. 4 4 9 WNO eM01'300U!IJleuad loa(md LZ 1. 9 9 uageulpJoo 9ZL Z61.0luellnsuoOgnS 4 9 sdu!laayrn IOOlad 961, seugeow 9 uOile11s1ulwpy l33(ld A=COM July 8, 2011 Mr. Jamie Knutson, P.E. City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 AECOM 319 232 6531 tel 501 Sycamore Street 319 232 0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Subject: Blowers Creek and Dry Run Creek Storm Water Lift Station City of Waterloo, Iowa Dear Mr. Knutson, Enclosed is the document "Required Contract Language" that you provided to us. acknowledge that this document is added to the Professional Services Agreement January 5, 2011, as an addendum. We understand the Professional Services Agreement with this document included will be acted upon by the City of Waterloo in the near future. By this letter, we we executed as an addendum Please advise if you have any questions. We appreciate the opportunity to assist the City of Waterloo with this project. Yo In-erely, oe A. Becker Enclosure: As Noted c: Doug Schindel L:\work\ADMIN\TRNSCR\LETTERS\Knutson.docx REQUIRED CONTRACT LANGUAGE All project contracts shall contain at a minimum the following provisions, as appropriate. ALL CONTRACTS 1. Access and Maintenance of Records The contractor must maintain all required records for five years after final payments are made and all other pending matters are closed. At any time during normal business hours and as frequently as is deemed necessary, the contractor shall make available to the Iowa Department of Economic Development, the State Auditor, the General Accounting Office, and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this contract. 2. Civil Rights The Contractor must comply with the following laws and regulations: + Title VI of the Civil Rights Act of 1964 (P.L. 88-352). States that no person may be excluded from participation in, denied the benefits of or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race, color, or national origin. • Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. • Iowa Civil Rights Act of 1965. This Act mirrors the Federal Civil Rights Act. • Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309). Provides that no person shall be excluded from participation in, denied the benefits of or subjected to discrimination on the basis of race, color, national origin, sex, age, or handicap under any program or activity funded in part or in whole under Title .1 of the Act. • The Age Discrimination Act of 1975, as amended (42 U.S.C. 1601 et seq.) Provides that no person on the basis of age, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance. • Section 504 of the Rehabilitation Act of 1973, as amended (P.L. 93-112, 29 U.S.C. 794). Provides that no otherwise qualified individual shall solely by reason of his/her handicap be excluded from participation in, be denied the benefits of or be discriminated against under any program or activity receiving Federal financial assistance. • Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) Provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. • Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). Provides to the greatest extent feasible, that training and employment opportunities be made available to lower-income residents of project areas and that contracts be awarded to small businesses located within the project area or owned in substantial part by project area residents. • Federal Executive Order 11246, as amended by Executive Order 11357. Provides that no one be discriminated in employment. • Federal Executive Order 11063, as amended by Executive Order 12259. 3. Termination CIause All contracts utilizing CDBG funds must contain a termination clause that specifies the following: • Under what conditions the clause may be imposed. • The form the termination notice must take (e.g., certified letter). • The time frame required between the notice of termination and its effective date. • The method used to compute the fmal payment(s) to the contractor. 4. Certification regarding government -wide restriction on lobbying. All contracts utilizing CDBG funds must contain the following certification concerning restriction of lobbying: "The Recipient certifies, to the best of his or her knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence 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 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. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee of a Member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction. iii. The Recipient 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 section 1352, title 31, U.S. Code. 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." 5. Lead -Safe Housing Regulations (As applicable) 24 CFR Part 35 et al. Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Properties and Housing Receiving Federal Assistance, Final Rule ALL CONTRACTS IN EXCESS OF $10,000 In addition to the preceding provisions, all contracts in excess of $10,000 must include the following language, pursuant to Federal Executive Orders 11246 and 11375: "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of the Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the nondiscrimination clause of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or (7) suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." ALL CONTRACTS IN EXCESS OF $100,000 In addition to the preceding provisions, contracts in excess of $100,000 shall require compliance with the following laws and regulations: Section 306 of the Clean Air Acts (42 U.S.C. 1857(h)). Section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738. EPA Regulations - 40 CFR, Part 32. Clean Air and Water Acts - required clauses: This clause is required in all third party contracts involving projects subject to the Clean Air Act (42 U.S.C. 1857 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and the regulations of the Environmental Protection Agency with respect to 40 CFR Part 32, as amended. It should also be mentioned in the bid document. During the performance of this contract, the CONTRACTOR agrees as follows: (1) The CON TRACTOR will certify that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the Excluded Party Listing System pursuant to 40 CFR 32. (2) The CONTRACTOR agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) The CONTRACTOR agrees that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the Excluded Party Listing System. (4) The CONTRACTOR agrees that it will include or cause to be included the criteria and requirements in Paragraph (1) through (4) of this section in every nonexempt subcontract and require every subcontractor to take such action as the Government may direct as a means of enforcing such provisions. ALL CONSTRUCTION CONTRACTS IN EXCESS OF $2,000 In addition to the preceding provisions, all construction contracts in excess of $2,000 must include the Federal Labor Standards Provisions (verbatim) found in Appendix Two under Required Contract Provisions. (Housing rehabilitation contracts of less than 8 units are excluded from this requirement)