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Stanley Consultants Inc-7/18/2011
PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of April 25, 2011, between CITY OF WATERLOO (CLIENT) and STANLEY CONSULTANTS, INC. (CONSULTANT). CLIENT intends to engage CONSULTANT to provide services for the STORM WATER LIFT STATION PROJECT ON WESTFIELD AVENUE, VIRDEN CREEK, AND VINTON/18TH STREET (hereinafter called "project"). CLIENT and CONSULTANT agree: 1. Scope of Services. CONSULTANT shall perform professional services as stated in Exhibit 1. 2. Compensation. CLIENT shall compensate CONSULTANT for CONSULTANTs services as stated in Exhibit 2. 3. Terms and Conditions. CONSULTANT shall provide professional services in accordance with the terms and conditions stated in Exhibit 3. If client issues a purchase order or other document to initiate the commencement of services hereunder, it is agreed that any terms and conditions appearing thereon shall have no application and only the provisions of this Agreement shall automatically apply. 4. CLIENT has provided or shall provide for payment from one or more lawful sources of all sums to be paid to CONSULTANT. 5. Following exhibits are attached to and made part of this Agreement: Exhibit 1 - Scope of Services Exhibit 2 - Compensation Exhibit 3 - Standard Terms and Conditions IN WITNESS WHEREOF, the parties below have executed this Agreement as of the day and year first above written. STANLEY CONSULTANTS, INC. CITY OF W A s. RLOO By: Michael J. McKenna, Vice President Attest: Address for giving notices: 100 COURT AVENUE SUITE 300 DES MOINES, IA 50309-2200 Bv: Attest: Address for giving notices: 715 MULBERRY STREET WATERLOO, IA 50703-5783 If CLIENT is a public body, attach evidence of authority to sign and resolution or other document authorizing execution of AGREEMENT. 20110425PSA-ScopeOfServices 2320901 SC2272 1299 Stanley Consultants [NC. Exhibit 1 Scope of Services Storm Water Lift Station Study, Design, Bidding, and Construction Westfield Avenue, Virden Creek, and Vinton/18th Street Waterloo, Iowa BACKGROUND AND OVERVIEW The flood protection system for the City of Waterloo (City) was constructed in the 1970s by the US Army Corps of Engineers (USACE). The system protects the City from flooding up to the 500 year flood (0.2% annual chance flood). During the 2008 Cedar River flood with gated drainage structures closed, the City was unable to pump enough water to keep up with the water in the tributary creeks and storm sewers. The City desires to build two new lift stations (Vinton/18t Street and Westfield Avenue) and refurbish one existing lift station (Virden Creek). The purpose of these lift stations is to increase the number of locations with permanent pumping capacity and protect the residents of Waterloo from flooding in the tributary creeks and storm sewers during high water levels in the Cedar River and Black Hawk Creek. Each lift station location requires a preliminary design report, followed by completion of the final design plans and specifications. The preliminary design report will cover a hydrologic and hydraulic analysis; site plan; and flood risk versus cost of protection comparison. Final design of each lift station includes preparation of plans and specifications including geotechnical, civil, structural, mechanical, electrical, and instrumentation and controls design. After the design phase has been completed then bidding and construction services will be provided. The bidding phase includes assistance during the bid phase. The construction phase includes reviews by the design team and the services of a resident project representative during construction. Project administration services include running and maintaining a project collaboration website. PART 1 - BASIC SERVICES Upon written authorization from the CLIENT to proceed, the CONSULTANT shall perform Basic Services consisting of those described in paragraphs 1.1 through 1.12. 1.1 Study Phase Services: 1.1.1 Participate in a one day consultant coordination meeting to establish analysis methods and procedures. Prepare agenda and initial recommended methods and parameters. Up to three persons from CONSULTANT shall participate in meeting. 1.1.2 Consult with the CLIENT to define and clarify the CLIENT'S requirements for the project and receive available data. 1.1.3 Prepare and maintain the project schedule. 1.1.4 Review available data: 1.1.4.1 As -built drawings of levee, floodwall, and pump station systems. 1.1.4.2 US Army Corps of Engineers General Design Memoranda from the original design phase. 1.1.5 The following work shall be performed for each of three lift station sites: 1.1.5.1 Perform hydrology and hydraulic analysis. Work includes delineating drainage areas, determining rainfall and runoff parameters, and 20110425Waterloo_Exhibitl-ScopeOfServices 2320901 Exhibit 1 Page 1 of 11 Stanley Consultants INC Exhibit 1 Scope of Services calculating the inflow hydrograph for up to five (5) different risk levels (e.g. 1 -yr, 2 -yr, 5 -yr, 10 -yr, 100 -yr annual chance flood). 1.1.5.2 Prepare conceptual design for purposes of estimating costs of each lift station. 1.1.5.3 Prepare comparison of lift station capacity versus level of protection and cost. 1.1.5.4 Prepare flood inundation maps for 100 -yr flooding up to five (5) different lift station capacities. 1.1.6 Prepare and submit Draft Report summarizing the results of the study phase. 1.1.7 Attend one (1) review meeting with CLIENT. Up to three persons from CONSULTANT shall participate in meeting. 1.1.8 Respond to review comments, revise Study Report, and submit final version. 1.1.9 Submittals shall include five (5) hard copies of the report and electronic PDF file. CONSULTANT'S Basic Services for this phase of the work will be considered complete on the date when final copies of the Study Report have been delivered to the CLIENT 1.2 Design Phase Services: 1.2.1 Participate in a one day consultant coordination meeting to establish design criteria and guide specifications. Prepare agenda and initial recommended criteria. During same trip, conduct site visit to each project location. Up to nine persons from CONSULTANT shall participate in meeting including project manager, lead CADD technician and one person from each discipline. 1.2.2 Permitting and Corps Approval. Establish initial contact and meet with permitting agencies. Prepare and submit permit applications for Iowa DNR, US Army Corps of Engineers. Coordinate with US Army Corps of Engineers to establish design criteria required for work in and around Corps flood control project. 1.2.3 Complete design, plans, and specifications for following disciplines: 1.2.3.1 Civil 1.2.3.2 Architectural 1.2.3.3 Structural 1.2.3.4 Mechanical — Pumps, Pipes, Valves 1.2.3.5 Mechanical — HVAC 1.2.3.6 Electrical 1.2.3.7 Instrumentation and Controls 1.2.4 Submit 30% design for review to CLIENT. 30% submittal shall include: 1.2.4.1 Civil site plan showing proposed lift station locations. 1.2.5 Submit 60% design for review to CLIENT. 60% submittal shall include: 1.2.5.1 Drawings at 60% level of completion. 1.2.5.2 Specification Table of Contents with draft specifications for major equipment (pumps and trash rack). 1.2.5.3 Estimate of Probable Construction Cost with contingency factors to account for 60% level of design completion. 20110425Waterioo_Exhibitl-ScopeOfServices 2320901 Exhibit 1 Page 2 of 11 Stanley Consultants Exhibit 1 Scope of Services 1.2.6 Participate in review meeting with CLIENT. Up to eight persons from CONSULTANT shall participate in meeting including project manager and one person from each discipline. 1.2.7 Incorporate 60% review comments, complete design, and submit 95% design to CLIENT. 95% submittal shall include: 1.2.7.1 Drawings at 95% level of completion. 1.2.7.2 Specifications including technical specifications and front-end bidding and contract documents. 1.2.7.3 Engineer's cost estimate. 1.2.8 Participate in review meeting with CLIENT. Up to eight persons from CONSULTANT shall participate in meeting including Project Manager and one person from each discipline. Following review meeting, revise drawings and specs and submit final signed/sealed plans for bidding. 1.2.9 Incorporate 95% review comments and submit Final design to CLIENT. Final submittal shall include: 1.2.9.1 Signed/sealed final drawings (11"x17"). 1.2.9.2 Signed/sealed final specifications including technical specifications and front-end bidding and contract documents. 1.2.9.3 Final engineer's cost estimate. 1.2.10 Final submittal shall include forty (40) hard copies of the plans and specifications and one (1) copy of the engineer's cost estimate and PDF files. CONSULTANT'S Basic Services for this phase of the work will be considered complete on the date when final copies of the plans, specifications, and cost estimate have been delivered to the CLIENT. 1.3 Bidding Phase Services: 1.3.1 Attend one pre-bid conference; and receive and process Contractor deposits or charges for the Bidding Documents. Up to four persons from CONSULTANT shall participate in meeting. 1.3.2 Issue Addenda as appropriate to clarify, correct, or change Bidding Documents. 1.3.3 Consult with and advise the CLIENT as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by the Contractor as required by the Bidding Documents. 1.3.4 Attend one (1) bid opening, prepare bid tabulation sheets, and assist CLIENT in evaluating bids or proposals and in awarding contracts for the work. Up to two persons from CONSULTANT shall participate in the meeting. CONSULTANT'S Basic Services for this phase of the work will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with the prospective Contractor. 1.4 Construction Phase Services: 1.4.1 General Administration of the Construction Contract. Consult with the CLIENT and act as the CLIENT'S representative as provided in the General Conditions of the Construction Contract. The extent and limitations of duties, responsibilities and authority of the CONSULTANT as assigned in said General Conditions shall not be modified, except as CONSULTANT may otherwise agree in writing. All of the CLIENT'S 20110425Waterloo_Exhibitl-ScopeOfServices 2320901 Exhibit 1 Page 3 of 11 Stanley Consultants INC Exhibit 1 Scope of Services instructions to Contractor will be issued through the CONSULTANT, who shall have the authority to act as directed by the CLIENT in dealings with the Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 1.4.2 Furnish five (5) copies of the Contract Documents to the Contractor for construction purposes. 1.4.3 Preconstruction Conference. Participate in one (1) Preconstruction Conference prior to commencement of work at the site. Up to two (2) persons from CONSULTANT shall participate in the meeting. 1.4.4 Visits to the Site and Observation of Construction by design personnel. In connection with observations of the Contractor's work: 1.4.4.1 Visits to the Project site for observation of construction will involve two (2) visits by CONSULTANT'S assigned design personnel, one at Substantial Completion and one at Final Acceptance. Up to eight (8) persons from CONSULTANT shall participate in each visit. Each visit shall cover the review for all three project sites. 1.4.4.2 Such visits and observations by CONSULTANT are not intended to be exhaustive or to extend to every aspect of the Contractor's work in progress or to involve detailed inspections of the Contractor's work in progress beyond responsibilities specifically assigned to the CONSULTANT in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the work based on CONSULTANT'S exercise of professional judgment. Based on information obtained during such visits and such observations, CONSULTANT will determine in general if the Contractor's work is proceeding in accordance with the Contractor Documents, and CONSULTANT shall keep the CLIENT informed of the progress of the work. 1.4.4.3 The purpose of CONSULTANT'S visits to the site will be to provide for the CLIENT a greater degree of confidence that the completed work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented by the Contractor. CONSULTANT shall not, during such visits or as a result of such observations of the Contractor's work in progress, supervise, direct, or have control over the Contractor's work, nor shall the CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor; for safety precautions and programs incident to the Contractor's work; or for any failure of the Contractor to comply with the laws and regulations applicable to the Contractor's furnishing and performing the work. Accordingly, CONSULTANT neither guarantees performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 1.4.5 Defective Work. Recommend to the CLIENT that the Contractor's work be disapproved and rejected while it is in progress if, on basis of such observations, CONSULTANT believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in Contract Documents. 20110425Waterloo_Exhibitl-ScopeOfServices 2320901 Exhibit 1 Page 4 of 11 Stanley Consultants INC Exhibit 1 Scope of Services 1.4.6 Clarifications and Interpretations; Instructions to Contractor. Review Contractor Requests for Information (RFI). Issue clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. CONSULTANT may issue Instructions to Contractor authorizing minor variations from requirements of the Contract Documents. 1.4.7 Change Orders. Review Contractor change order requests. Recommend Change Orders to the CLIENT, as appropriate, and prepare Change Orders. 1.4.8 Shop Drawings and Samples. Review or take other appropriate action in respect to shop drawings and samples and other data which the Contractor is required to submit. Such reviews or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. CONSULTANT has the obligation to meet any Contractor's submittal schedule that has earlier been acceptable to the CONSULTANT. 1.4.9 "Or -equal Items." Evaluate and determine the acceptability of "or -equal" materials and equipment proposed by the Contractor. 1.4.10 Inspections and Tests. Require such special inspections or tests of the Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by laws and regulations or the Contract Documents. CONSULTANT'S review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that content or procedures of such inspections, tests, or approvals comply with requirements of the Contract Documents. CONSULTANT shall be entitled to rely on the results of such tests. 1.4.11 Disagreements between CLIENT and Contractor. Render formal written decisions on all claims of the CLIENT and Contractor relating to the acceptability of the Contractor's work or interpretation of requirements of the Contract Documents pertaining to execution and progress of the Contractor's work. In rendering such decisions, CONSULTANT shall be fair and not show partiality to the CLIENT or the Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 1.4.12 Applications for Payment. Based on CONSULTANT'S observations as an experienced and qualified design professional and on review of Contractor prepared biweekly applications for payment and the accompanying supporting documentation: 1.4.12.1 CONSULTANT shall recommend payment amount. Such recommendations of payment will be in writing and will constitute CONSULTANT'S representation to the CLIENT, based on such observations and review, that, to the best of CONSULTANT'S knowledge, information and belief, the Contractor's work has progressed to the point indicated, quality of such work is generally in accordance with the Contract Documents (subject to evaluation of the work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and conditions precedent to the Contractor's being entitled to such payment appear to have been fulfilled in so far as it is the CONSULTANT' S responsibility to observe the Contractor's work. 1.4.12.2 By recommending any payment, CONSULTANT shall not thereby be deemed to have represented that observations made by CONSULTANT to check quality or quantity of the Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of the Contractor's work in progress, or involved detailed inspections of the work beyond the 20110425Waterloo_Exhibitl-ScopeOfServices 2320901 Exhibit 1 Page 5 of 11 Stanley Consultants INC Exhibit 1 Scope of Services responsibilities specifically assigned to CONSULTANT in this Agreement and the Contract Documents. Neither CONSULTANT'S review of the Contractor's work for purposes of recommending payments nor CONSULTANT'S recommendation of any payment, including final payment, will impose on CONSULTANT the responsibility to supervise, direct, or control the Contractor's work in progress or for means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws and regulations applicable to the Contractor's furnishing and performing the work. It will also not impose responsibility on the CONSULTANT to make any examination to ascertain how or for what purposes the Contractor has used moneys paid on account of the contract price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to the CLIENT free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between the CLIENT and Contractor that might affect the amount that should be paid. 1.4.13 Contractor's Completion Documents. Receive and review maintenance and operating instructions, schedules, and guarantees. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, shop drawings, samples and other data that are to be assembled by the Contractor in accordance with the Contract Documents to obtain fmal payment. CONSULTANT shall transmit these documents to the CLIENT. 1.4.14 Substantial Completion. Promptly after notice from the Contractor that Contractor considers the entire work ready for its intended use, in company with the CLIENT and Contractor, conduct an inspection to determine if the work is substantially complete. Prepare punch list of items that need to be completed by Contractor. If after considering any objections of the CLIENT, CONSULTANT considers the work substantially complete; CONSULTANT shall deliver a Certificate of Substantial Completion to the CLIENT and the Contractor. 1.4.15 Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed work of the Contractor is acceptable so that CONSULTANT may recommend, in writing, final payment to the Contractor. Accompanying recommendation for final payment, CONSULTANT shall also provide a notice that the work is acceptable to best of CONSULTANT'S knowledge, information, and belief and based on the extent of services provided by CONSULTANT under this Agreement. 1.4.16 Duration of Construction Phase. Construction phase will commence with the execution of the first Construction Agreement for the Project and will terminate upon written recommendation by CONSULTANT for final payment to the Contractors. If the Project involves more than one prime contract, construction phase services may be rendered at different times in respect to the separate contracts. 1.4.17 Resident Project Representative (RPR). Provide services of a RPR at the site to assist CONSULTANT and to provide more extensive observation of the Contractor's work. Furnishing of such RPR's services will not extend CONSULTANT'S duties and responsibilities or authority beyond the specific limits set forth elsewhere in this Scope of Services, and are further limited and described as follows: 1.4.17.1 General: RPR is CONSULTANT'S agent at the site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with the CONSULTANT and Contractor, keeping the CLIENT advised as necessary. 20110425Waterloo_Exhibitl-ScopeOfServices 2320901 Exhibit 1 Page 6 of 11 Stanley Consultants INC Exhibit 1 Scope of Services RPR's dealings with subcontractors shall only be through or with full knowledge and approval of the Contractor. RPR shall generally communicate with the CLIENT with knowledge of and under the direction of the CONSULTANT. 1.4.17.2 Schedules: Review progress schedule, schedule of shop drawing and sample submittals, and schedule of values prepared by the Contractor and consult with the CONSULTANT concerning acceptability. 1.4.17.3 Conferences and Meetings: Attend meetings with the Contractor, such as: preconstruction conferences, monthly progress meetings, job conferences and other project -related meetings. Prepare and circulate copies of the meeting notes. 1.4.17.4 Liaison: Serve as CONSULTANT'S liaison with the Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. Assist CONSULTANT in serving as CLIENT'S liaison with the Contractor when Contractor's operations affect CLIENT'S on-site operations. Assist in obtaining from the CLIENT additional details or information, when required for proper execution of the work. 1.4.17.5 Interpretation of the Contract Documents: Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed, and transmit to the Contractor clarifications and interpretations as issued by the CONSULTANT. 1.4.17.6 Shop Drawings and Samples: Record date of receipt of samples and shop drawings. Receive samples that are furnished at the site by the Contractor, and notify CONSULTANT of the availability of samples for examination. Advise the CONSULTANT and Contractor of commencement of any portion of the work requiring a shop drawing or sample submittal for which RPR believes that submittal has not been approved by the CONSULTANT. 1.4.17.7 Modifications: Consider and evaluate the Contractor's suggestions for modifications in drawings or specifications and report, with RPR's recommendations, to the CONSULTANT. Transmit to the Contractor in writing decisions as issued by the CONSULTANT. 1.4.17.8 Review of Work and Rejection of Defective Work: Conduct on-site observations of the Contractor's work in progress to assist CONSULTANT in determining if the work is in general proceeding in accordance with the Contract Documents. Report to CONSULTANT whenever RPR believes that any part of the Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise CONSULTANT of that part of the work in progress the RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 1.4.17.9 Inspections, Tests, and System Startups: Consult with CONSULTANT in advance of scheduled major inspections, tests, and systems' startups of important phases of the work. Verify that tests, equipment, and systems' start-ups are conducted in the presence of the appropriate CLIENT personnel, and that the Contractor maintains adequate records thereof. Observe, record, and report to CONSULTANT appropriate details relative to test procedures 20110425Waterloo_Exhibit1-ScopeOfServices 2320901 Exhibit 1 Page 7 of 11 Stanley Consultants INC • Exhibit 1 Scope of Services and systems' startups. Accompany visiting inspectors representing the public or other agencies having jurisdiction over the Project, record results of these inspections, and report to CONSULTANT. 1.4.17.10 Records: Maintain records for use in preparing Project documentation. Upon completion of the work, furnish an original set of all RPR Project documentation to CONSULTANT. 1.4.17.11 Review and provide to the CLIENT final set of record drawings showing appropriate record information based on the Project annotated record documents prepared by and received from the Contractor. Record drawings will be redline hand markups of construction drawings. 1.4.17.12 Reports: Furnish to CONSULTANT periodic reports as required of progress of the work and of the Contractor's compliance with the progress schedule and the schedule of shop drawing and sample submittals. Draft and recommend to CONSULTANT proposed change orders, and field orders. Obtain backup material from the Contractor. Furnish to the CONSULTANT and CLIENT copies of all inspection, test, and system startup reports. Report immediately to CONSULTANT the occurrence of any site accidents, any hazardous environmental conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. 1.4.17.13 Payment Requests: Review Applications for Payment with the Contractor for compliance with the established procedure for their submission and forward with recommendations to CONSULTANT, noting particularly the relationship of payment requested to the schedule of values, work completed, and materials and equipment delivered at the site but not incorporated in the work. 1.4.17.14 Certificates, Operation and Maintenance Manuals: During the course of the work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the specifications to be assembled and furnished by the Contractor are applicable to items actually installed and in accordance with the Contract Documents, and have these documents delivered to the CONSULTANT for review and forwarding to the CLIENT prior to payment for that part of the work. 1.4.17.15 Completion: Before CONSULTANT issues Certificate of Substantial Completion, submit to the Contractor a list of observed items requiring completion or correction. Observe whether the Contractor has arranged for inspections required by laws and regulations, including but not limited to those to be performed by public agencies having jurisdiction over the work. Participate in the final inspection in the company of the CONSULTANT, CLIENT, and Contractor, and prepare a final list of items to be completed or corrected. Observe whether all items on the final list have been completed or corrected and make recommendations to CONSULTANT concerning acceptance and issuance of the Notice of Acceptability of the work. 1.5 Project Administration Services: 1.5.1 Collaboration Website Hosting. Host Microsoft Sharepoint site for project collaboration with CLIENT and other consultants. Include initial set-up and on- going up -keep, file management, and site maintenance for up to 24 months. 20110425Waterioo_Exhibitl-ScopeOfServices 2320901 Exhibit 1 Page 8of11 Stanley Consultants INC Exhibit 1 Scope of Services 1.6 Subconsultant services: 1.6.1 Geotechnical investigation services for up to four, 35 -ft deep borings (2 at Westfield, 1 each at Vinton and Virden). Services including drilling, sampling, testing, reporting, and recommendations. 1.6.2 Survey services for three sites including topographic survey at pump station locations, property boundaries, site features, utility features, storm sewer inverts (Westfield and Vinton Streets), floor elevations of adjacent buildings, and project construction limits and right-of-way limits. 1.6.3 Construction phase material testing and masonry special inspections at three sites including observation of masonry wall construction, field density testing, proctor tests, testing of grout and Portland cement concrete. 1.7 Conditions of Service: Basic Services described are based on the following conditions: 1.7.1 Design review meetings will be held in the offices of the CLIENT. CONSULTANT will prepare and distribute meeting notes of the review meetings. 1.7.2 Electronic copy of the study report will be provided in PDF format. 1.7.3 All cost estimates presented are CONSULTANTS' opinions of probable project, construction, and/or operation and maintenance costs. Cost estimates are made on the basis of our experience and represent our best judgment. We have no control over the cost of labor, materials, equipment, contractor's methods, or over competitive bidding or market conditions. Therefore, we do not guarantee that proposals, bids, or actual construction costs will not vary from estimates of project costs, construction, and/or operation and maintenance costs presented. 1.7.4 Drawings will be developed using English units. 1.7.5 Drawings will be developed using CONSULTANT'S standard drawing size, title block, format, CADD standards and symbology. 1.7.6 CADD Drawings will be developed using MicroStation. An electronic copy of the CADD Drawings will be provided upon request. 1.7.7 Specifications will be developed using Microsoft Word. An electronic copy of the specifications will be furnished upon request. Technical specifications will be developed using Construction Specification Institute's (CSI) standard Division and three-part format and CONSULTANT'S standard outline type format. 1.7.8 Front-end documents will be developed from Engineer's Joint Contract Documents Committee (EJCDC) standard documents or Client standard documents. 1.7.9 Contract Documents will be prepared for one prime contract. 1.7.10 CONSULTANT shall not be responsible for acts or omissions of any Contractor, of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the work. CONSULTANT shall not be responsible for failure of any Contractor to perform or furnish the work in accordance with the Contract Documents. 1.7.11 The period of construction requiring CONSULTANT services will not exceed 320 days. 1.8 Project Schedule. The project shall be completed within the following time frame, provided all approvals and decisions are obtained within the listed timeframes: 1.8.1 Completion of Study Phase Draft Report: 35 days from NTP. 1.8.2 Approval of Preliminary Design Report and Pump Station Design Frequency Selection (by CLIENT): 40 days from NTP. 1.8.3 Completion of 30% Design Site Plans: 56 days from NTP. 1.8.4 Approval of 30% Design Site Plans (by CLIENT): 61 days from NTP. 1.8.5 Completion of 60% Submittal: 91 days from NTP. 20110425Waterloo_Exhibitl-ScopeOfServices 2320901 Exhibit 1 Page 9 of 11 Stanley Consultants INC Exhibit 1 Scope of Services 1.8.6 Submit State and Federal Permit Applications: 91 days from NTP. 1.8.7 Approval of 60% Submittal (by CLIENT): 96 days from NTP. 1.8.8 Completion of 95% Submittal: 131 days from NTP. 1.8.9 Approval of 95% Submittal (by CLIENT): 136 days from NTP. 1.8.10 Completion of Final Submittal: 150 days from NTP. 1.8.11 Submit Signed/Sealed Plans for Local Permit Approval: 150 days from NTP. 1.8.12 Receive Local Permit Approvals (by Others): 180 days from NTP. 1.8.13 Receive State and Federal Approvals (by Others): 180 days from NTP. 1.9 Services Provided by CLIENT: 1.9.1 Provide copies of as -built drawings, operation and maintenance plans, and inspection reports prior to initial project meeting. 1.9.2 Access to facilities during field review, including levees, floodwalls, pump stations, gate structures, storage areas, etc. 1.9.3 Timely responses to inquiries for additional information. 1.9.4 Timely review of draft submittals. 1.9.5 Providing field office for CONSULTANT'S Resident Project Representation (RPR) throughout the construction period. If CLIENT is not able to provide a field office space, one will be included in the Contract Documents and provided by the Contractor. 2.0 Audits: The City of Waterloo, EDA, the Comptroller General of the United States, the Inspector General of the Department of Commerce, or any of their duly authorized representatives, shall have access to any documents, books, papers, and records of Consultant (which are directly pertinent to a specific grant program) for the purpose of making an audit, examination, excerpts, and transcriptions. The City of Waterloo shall require the Consultant to maintain all required records for at least three years after the City of Waterloo makes the final payment and all pending matters are closed. PART 2 - ADDITIONAL SERVICES The Additional Services are not included in the Basic Services and are at CLIENT'S option. Additional Services requested by CLIENT and agreed to by CONSULTANT, shall be paid for in addition to compensation for Basic Services. Additional Services may include, but are not limited to the following: 2.1 Services resulting from significant changes in scope, extent or character of portions of the Project, including but not limited to: changes in size, complexity, CLIENT'S schedule, or method of financing; revising previously accepted studies and reports when such revisions are required by changes in laws and regulations enacted subsequent to the effective date of this Agreement; or any other causes beyond the CONSULTANT'S control. 2.2 Services required as a result of the CLIENT'S providing incomplete or incorrect Project information on which the CONSULTANT had previously relied. 2.3 Services requiring rebidding of the work for reasons beyond the control of CONSULTANT. 2.4 Preparing additional bidding documents for alternate bids or prices or additional contracts requested by the CLIENT for the work or a portion thereof. 2.5 Assisting the CLIENT in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 20110425Waterloo_Exhibitl-ScopeOfServices 2320901 Exhibit 1 Page 10 of 11 c Stanley Consultants INC Exhibit 1 Scope of Services 2.6 Design of sheeting and shoring for construction purposes. 2.7 Groundwater control and dewatering analysis and design. 2.8 Prepare operation and maintenance manuals based on operation and maintenance manuals received for individual equipment from Contractor. 20110425Waterloo_Exhibitl-ScopeofServices 2320901 Exhibit 1 Page 11 of 11 Exhibit 2 Stanley Consultants INt Compensation Storm Water Lift Station Study, Design, Bidding, and Construction Westfield Avenue, Virden Creek, and Vinton/18th Street Waterloo, Iowa 1.0 BASIS OF COMPENSATION 1.1 Compensation for BASIC SERVICES: The CONSULTANT will be compensated for BASIC SERVICES described in Exhibit 1.0 - Scope of Services in accordance with the following schedule of values: 1.1.1. Study and Design Phase: CLIENT shall compensate CONSULTANT for CONSULTANT's services for the Lump Sum amount of Five Hundred Ninety-seven Thousand Eighty-eight Dollars ($597,088): Summary Study and Design Phase Compensation: Westfield Virden Vinton/18th Total Study Phase Fee Design Phase Fee Expenses Project Admin. Fee (24 months Website Hosting) Subconsultant Fees (Survey & Geotechnical Services) $39,888 $10,878 $21,757 $72,524 $250,836 $111,026 $114,322 $476,184 $7,854 $2,142 $4,284 $14,280 $7,122 $1,942 $3,885 $12,950 $11,632 $3,172 $6,345 $21,150 Subtotal - Study & Design Phase (Lump Sum) $317,333 $129,161 $150,593 $597,088 1.1.2. Bidding and Construction Phase: CLIENT shall compensate CONSULTANT for CONSULTANT's services on an Hourly basis for Direct Labor and Reimbursable Expenses a Not -to -Exceed the amount of Three Hundred Eighty-five Thousand Nine Hundred two Dollars ($385,902), in accordance with the prevailing "Hourly Fees and Charges Fiscal Year 2010-2011" (Form C10-11), copy attached. The Not -to -Exceed amount is based on the following levels of effort by CONSULTANT over a 16 month period of construction: bidding effort of 74 hours, construction administration effort of 450 hours, and resident project representative effort of 1,800 hours. Summary Bidding and Construction Phase Compensation: Westfield Virden Vinton/18th Total Bidding Phase Fee Construction Phase Fee Expenses Subconsultant Fees (Special Inspections Services) Subtotal - Bidding & Construction Phase (Hourly + Expenses With Ceiling) $5,195 $1,416 $2,833 $9,446 $169,730 $46,290 $92,580 $308,601 $24,945 $6,803 $13,606 $45,355 $12,375 $3,375 $6,750 $22,500 $212,246 $57,885 $115,770 $385,902 1.2 Compensation for ADDITIONAL SERVICES: Compensation for ADDITIONAL SERVICES will be compensated on a HOURLY basis for DIRECT LABOR, PLUS REIMBURSABLE EXPENSES in accordance with the prevailing "Hourly Fees and Charges Fiscal Year 2010-2011" (Form C10-11). 20110425Waterloo_Exhibit2-Compensation 2320901 Exhibit 2 Page 1 of 1 Hourly Fees and Charges Fiscal Year 2010-2011 Compensation for office -based personnel in the contiguous United States for time in the performance of the work shall be in accordance with the following Hourly Fees: Classification Hourly Fee Classification Hourly Fee Classification Hourly Fee SC -1 36.00 SC -9 103.00 SC -17 184.00 SC -2 45.00 SC -10 111.00 SC -18 198.00 SC -3 54.00 SC -11 119.00 SC -19 214.00 SC -4 62.00 SC -12 129.00 SC -20 228.00 SC -5 71.00 SC -13 138.00 SC -21 246.00 SC -6 79.00 SC -14 148.00 SC -22 271.00 SC -7 87.00 SC -15 159.00 SC -8 95.00 SC -16 171.00 Travel time in the interest of the work and away from the assigned office, either local or intercity, will be charged in accordance with the foregoing schedule. When traveling by public carrier, the maximum charge will be eight hours per day. II. Compensation for items of expense and other charges incurred in connection with the performance of the work shall be in accordance with the following schedule: Automobile Automobile Assigned to Project Site Four -Wheel Drive Vehicles Four -Wheel Drive Vehicles Assigned to Project Site Mylar Plots Global Positioning System Receivers Ground Transportation (rental car, taxi, etc.) Air Travel (commercial and charter) Living Expenses (away from assigned office) Telephone and Facsimile Equipment Rental Laboratory Work Soils Testing and Analysis Outside Photographic Work Duplicating Work Technical Testing and Surveying Equipment $0.65/mile $45.00/cal. day $0.80/mile $55.00/cal. day $10.00/plot $18.50/hour At Cost Plus 10% At Cost Plus 10% At Cost Pius 10% At Cost Plus 10% At Cost Plus 10% At Cost Plus 10% At Cost Plus 10% At Cost Plus 10% (schedule supplied upon request) (schedule supplied upon request) III. Compensation for purchases, items of expense, and other charges not scheduled above, incurred in connection with the performance of the work, shall be at cost plus 10%. IV. Compensation for use of proprietary computer programs shall be as a surcharge rate applied to the data processing system charges. Compensation for outside computer system services shall be at net cost plus a surcharge rate to cover data communication costs. Compensation for programming, data entry, and consultation shall be in accordance with Article I above. (Schedule supplied upon request.) V. Interest at the rate of 1-1/2% per month will be charged on invoices not paid within 30 days. VI. Charges are subject to revision on or after April 1, 2011. Form C 10-11 1. CLIENTS RESPONSIBILITIES 1.1 Name CLIENTs representative with authority to receive information and transmit instructions for CLIENT. 1.2 Provide CLIENTs requirements for project, including objectives and constraints, design and construction standards, bonding and insurance requirements, and contract forms. 1.3 Provide available information pertinent to project upon which CONSULTANT may rely. 1.4 Arrange for access by CONSULTANT upon public and private property, as required. 1.5 Examine documents presented by CONSULTANT, obtain legal and other advice as CLIENT deems appropriate, and render written decisions within reasonable time, Obtain consents, approvals, licenses, and permit:, nccccrary for projcct. 1.7 Advertise for and open bids when scheduled. 1.8 Provide services necessary for project but not within scope of CONSULTANTs services. 1.9 Indemnify CONSULTANT, its employees, agents, and consultants against claims arising out of CONSULTANT's design, if there has been a deviation from the design beyond the CONSULTANTs control or failure to follow CONSULTANTs recommendation and such deviation or failure caused the claims. 1.10 Promptly notify CONSULTANT when CLIENT leams of contractor error or any development that affects scope or timing of CONSULTANTs services. 2. PERIOD OF SERVICE 2.1 CONSULTANT is not responsible for delays due to factors beyond its control. 2.2 If CLIENT requests changes in project, compensation for and time of performance of CONSULTANTs services shall be adjusted appropriately. 3. CONSTRUCTION COST AND COST ESTIMATES 3.1 Construction Cost. Construction cost means total cost of entire project to CLIENT, except for CONSULTANTs compensation and expenses, cost of land, rights-of-way, legal and accounting services, insurance, financing charges, and other costs which are CLIENTs responsibility as provided in this Agreement. 3.2 Cost Estimates. Since CONSULTANT has no control over cost of labor, materials, equipment or services fumished by others, over contractors' methods of determining prices, or over competitive bidding or market © Stanley Consultants, Inc. 1994 SC 3810(IA) R3 4/08 Standard Terms and Conditions Exhibit 3 conditions, its estimates of project construction cost will be made on the basis of its employees' experience and qualifications and will represent their best judgment as experienced and qualified professionals, familiar with the construction industry. CONSULTANT does not guarantee that proposals, bids, or actual construction cost will not vary from its estimates of project cost. 4. GENERAL 4.1 Termination. 4.1.1 Either party may terminate their obligation to provide further services upon twenty (20) days' written notice, after substantial default by other party through no fault of terminating party. 4.1.2 CLIENT may terminate CONSULTANTs obligation to provide further services upon twenty (20) days' written notice if project is abandoned. In such event, progress payments due CONSULTANT for services rendered, plus unpaid reimbursable expenses and termination charge, shall constitute total compensation due. 4.2 Reuse of Documents. 4.2.1 All tangible items prepared by CONSULTANT are instruments of service, and CONSULTANT retains all copyrights. CLIENT may retain copies for reference, but reuse on another project without CONSULTANT's written consent is prohibited. CLIENT will indemnify CONSULTANT, its employees, agents, and consultants against claims resulting from such prohibited reuse. Said items are not intended to be suitable for completion of this project by others. 4.2.2 Submittal or distribution of items in connection with project is not publication in derogation of CONSULTANT's rights. 4.3 Payment. 4.3.1 CONSULTANT shall submit a monthly statement for services rendered and reimbursable expenses incurred. CLIENT shall make prompt monthly payments. 4.3.2 If CLIENT fails to make payment within thirty (30) days after receipt of statement, interest at maximum legal rate or at a rate of 18%, whichever is Tess, shall accrue; and, in addition, CONSULTANT may, after giving seven (7) days' written notice, suspend services until it has been paid in full all amounts due it. 4.3.3 CLIENT has provided or shall provide for payment from one or more lawful sources of all sums to be paid to CONSULTANT. 4.3.4 CONSULTANT's compensation shall not be reduced on account of any amounts withheld from payments to contractors. 4.4 Controlling Law. Agreement shall be governed by Iowa law. 4.5 Successors and Assigns. 4.5.1 The parties bind themselves, their successors, and legal representatives to the other party and to successors and legal representatives of such other party, in respect to all covenants and obligations of this Agreement. 4.5.2 Neither party shall assign, sublet, or transfer any interest in this Agreement without written consent of the other, provided CONSULTANT may employ such independent consultants, associates, and subcontractors as it may deem appropriate. 4.5.3 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the parties. 4.6 CONSULTANTs Accounting Records. Records of CONSULTANTs personnel time, reimbursable expenses, and accounts between parties shall be kept on a generally -recognized accounting basis. 4.7 Separate Provisions. If any provisions of this Agreement shall be held to be invalid or unenforceable, remaining provisions shall be valid and binding. 4.8 Waiver. No waiver shall constitute a waiver of any subsequent breach. 4.9 Warranty. 4.9.1 CONSULTANT shall use reasonable care to reflect requirements of all applicable laws, rules, or regulations of which CONSULTANT has knowledge or about which CLIENT specifically advises in writing, which are in effect on date of Agreement. CONSULTANT INTENDS TO RENDER SERVICES IN ACCORDANCE WITH GENERALLY ACCEPTED PROFESSIONAL STANDARDS, BUT NO OTHER WARRANTY IS EXTENDED, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH SUCH SERVICES. CLIENTs rights and remedies in this Agreement are exclusive. 4.9.2 CONSULTANT shall not be responsible for contractors' construction means, methods, techniques, sequences, or procedures, or for contractors' safety precautions and programs, or for contractors' failure to perform according to contract documents. 4.9.3 The CONSULTANT believes that any computer software provided under this Agreement is suitable for the intended purpose, however, it does not warrant the suitability, merchantability, or fitness for a particular purpose of this software. 4.10 Period of Repose. Any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued not later than completion of services to be performed by CONSULTANT. 4.11 Indemnification. To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CLIENT, CLIENTs officers, directors, partners, employees, and agents from and against any and all SC 3810(IA) R3 4/08 claims for bodily injury and for damage to tangible property caused solely by the negligent acts or omissions of CONSULTANT or CONSULTANT's officers, directors, partners, employees, agents, and CONSULTANTs consultants in the performance and furnishing of CONSULTANT's services under this Agreement. ARy Scction 4.12, Limitation of Liability. To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless CONSULTANT, CONSULTANTs officers, directors, partners, employees, and agents and CONSULTANTs consultants from and against any and all claims for bodily injury and for damage to tangible property caused solely by the negligent acts or omissions of CLIENT or CLIENTs officers, directors, partners, employees, agents, and CLIENTs consultants with respect to this Agreement on the Project. In addition to the indemnity provided under this section, and to the fullest extent permitted by law, CLIENT shall indemnify and hold harmless CONSULTANT and its officers, directors, partners, employees, and agents and CONSULTANTS consultants from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of, or relating to the presence, discharge, release, or escape of asbestos, PCBs, petroleum, hazardous waste, or radioactive material at, on, under, or from the Project site. '1.12 Limitation of Liability. TO THE FULLEST EXTENT OTHER PROVISION 6F THIS ACREEMENT, THE TOTAL LIABILITY, IN THE ACCREGATE, OF THE CONSULTANT (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, ACENTS AND SUCONSULTANTS), TO CLIENT AND "NY -ONE AN -Y AND A66 CLAIMS, LOSSES, GOSTST OR DAMAGES WHATSOEVER ARISING OUT 9F RESULTING FROM, OR IN ANY WAY RELATED TO THE PERFORMANCE OF SERVICES UNDER THIS ACREEMENT FROM ANY CAUSES, INCLUDINC BUT NOT LIMITED TO NCCLICENCE, PROFESSIONAL ERRORS OR OMISS1ONST OR WARRANTEES EXPRESSED OR IMPLIED, OF CONSULTANT OR CONSULTANTS CONSULTANTS, SHALL NOT EXCEED $100,000 OR THE TOTAL COMPENSATION RECEIVED BY CONSULTANT, WHICHEVER IS GREATER. THIS LIMITATION INCLUDES LIABILITY UNDER SECTION 41- 4.13 Extent of Agreement. This Agreement represents the entire agreement between the parties and may be amended only by written instrument signed by both parties. 4.14 Subrogation Waiver. The parties waive all rights against each other, and against contractors, consultants, agents, and employees of the other for damages covered by any property insurance during construction, and each shall require similar waivers from their contractors, consultants, and agents. c SUPPLEMENTAL AGREEMENT NO. 1 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC. (Consultant) and CITY OF WATERLOO (Client) amends their agreement of April 25, 2011, for Consultant to provide services to the Client for the STORM WATER LIFT STATION PROJECT ON WESTFIELD AVENUE, VIRDEN CREEK, AND VINTON/18TH STREET Project, as follows: Scope of Services Consultant agrees to attached REQUIRED CONTRACT LANGUAGE provided by CDBG funding. Time of Beginning and Completion No change. Fees and Payments No change. Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated April 25, 2011 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. STANLEY CONSULTANTS, INC. By: Michael J. rcKenna, Vice President Date: 7 /20/ Attest: By: B "1.- dley W. Roeth - SC2281 1299 By: Date: Attest: By: do.4/ IO" r.J REOUIRED 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 (PL. 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 (PL. 93-112, 29 U.S.C. 794). Provides that no otherwise qualed 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 Clause 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 final 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. 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. (5) (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 CONTRACTOR 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.)