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HomeMy WebLinkAboutSnyder & Associates-7/18/2011PROFESSIONAL SERVICES AGREEMENT I. NAME OF PARTIES OF THE AGREEMENT This Agreement, made and entered into this V day o the City of Waterloo, Iowa, a city municipality, hereinafter call & Associates, Inc., 2727 SW Snyder Blvd., Ankeny, Iowa hereinafter called "ENGINEER" as follows: II. NAME OF PROFESSIONAL SERVICE , 2011 by and between "OWNER" and Snyder 50023, a corporation, The OWNER shall retain the ENGINEER to complete Professional Services for the preparation of preliminary concepts and design, final design of construction plans and specifications, contract documents, bidding services, and construction services to include staking, observation and administration, for the STORMWATER LIFT STATIONS — GROUP 3 hereinafter called the "PROJECT". III. SCOPE OF WORK A. GENERAL The ENGINEER shall provide Professional Services as required to complete the preparation and assembly of the PROJECT as named in Article II and as described hereinafter as follows: 1. The PROJECT is contained within the boundaries further described as: Site 1 — Hollywood Lift Station — Campbell Avenue, Exhibit A. Site 2 — Cedar Bend Lift Station — Cedar Bend Street, Exhibit B. Site 3 — Fletcher Avenue Lift Station — Fletcher Avenue, Exhibit C. 2. The ENGINEER will provide conceptual analysis and design, geotechnical coordination, design plans and specifications, right of way plats, public meetings, construction documents, bid letting assistance, construction staking, administration and observation, Storm Water Pollution Prevention Plan (SWPPP), SWPPP monitoring, and final project acceptance for the proposed PROJECT. 3. The Site 3 — Fletcher Avenue Lift Station will be designed to include a pump station similar to existing Black Hawk Road lift station except with a mechanical/electrical building instead of pole mounted equipment. New storm sewer will extend from outfall K on the Corps of Engineers Plans and connect outfalls J and I by gravity flow to the proposed lift station. Standard SUDAS structures with no gates will be utilized to connect the three outfalls to the lift station. The storm sewer alignment is anticipated 1 to be on the levee side of Black Hawk Road. No outfall or gatewell revisions are included to outfalls H, I, J, or K except to connect lift station outfall force main into gatewell H. The scope will include installation of bypass storm sewers from existing structures depicted on Corps of Engineers gatewell H plan and profile sheet to the new lift station. The existing gravity flow system for low flow conveyance will be maintained. B. BASIC ENGINEERING SERVICES The ENGINEER will provide the Basic Engineering Services as follows. Payment shall be made as specified in Article VI of this Agreement. 1. PROJECT ADMINIS I'RATION The ENGINEER shall perform the following administrative services during the design of the PROJECT: a. Progress reports as requested to the OWNER. b. Monthly billing reports. c. Project coordination for engineering and coordination with the OWNER, design professionals, and utility companies. d. Project design review. e. Miscellaneous meetings to review progress, and attend informal meetings, Council meetings and Public Hearings. 2. TOPOGRAPHIC SURVEY The ENGINEER shall complete the following: a. Topographic Survey 1. Site Features - A topographic field survey will be performed of the above ground physical features including pavements, trees, buildings with elevations at doorways that exit at grade, utility appurtenances etc. within the limits of the PROJECT. The survey limits are shown on Exhibits A, B, and C. The OWNER will clean out structures as requested by the ENGINEER. 2. Utilities - The utility portion of the survey shall be created using the field survey and information as provided to 2 Snyder & Associates from the utility owners by either existing record and or physical field locates. Snyder & Associates shall make a diligent attempt to make an accurate representation of underground utilities, vaults and related items but no guarantee can be made as to the condition or location horizontally or vertically between each structure. This portion of the topographic survey would constitute a level "C" utility survey as outlined by the Subsurface Utility Engineering profession. Up to 3 potholes for each site are included in order to verify elevation of existing utilities that may be in conflict with proposed improvements. Additional work may be required to upgrade to level "B" or better during advanced states of design and that work would be considered extra services as outlined in Article III (E) - Additional Services. b. Boundary Survey 1. Survey will establish current right-of-way, property corners and property lines. This information will be used to develop and prepare individual right-of-way plats and legal descriptions for the PROJECT, once the temporary and permanent right-of-way needs are determined. c. Project Base Map Preparation 1. Coordinate System - The coordinate system that will be used will be based upon the Black Hawk County Datum both vertically and horizontally. Vertical Datum will be NAVD 88. d. Create Digital Terrain Model 1. Create break lines - control of creation of contours in areas of edges of pavement, drainageways, structures, etc. 2. Load spot elevations and break lines to build the digital terrain model. 3. Surface display - intelligent contours. 4. Surface evaluation and modification to approximate known existing conditions. 5. Input horizontal and vertical alignment. 6. Create plan and profiles, and cross sections (11"x17") of existing terrain that allows the use of GeoPak for design. 3. ENVIRONMENTAL ASSESSMENT The environmental assessment has been previously completed by the OWNER and is not included in this scope of services with the exception of wetland services as shown. a. Wetland Delineation Boundaries of all wetlands present within the corridor will be delineated according the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual. Delineated wetlands will be compared with National Wetland Inventory maps, Natural Resources Conservation Services (NRCS) wetland mapping, and NRCS mapped hydric soils. For each wetland identified, wetland functions and values will be determined, vegetative cover type will be noted, and wildlife associations discussed. Boundaries of wetlands will be delineated the survey area for each site as shown in Exhibits A, B, and C. Delineation methods will follow the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual. Wetland boundaries will be drawn on aerials and USGS topographic maps. Total acres impacted and recommended mitigation ratios will be reported. Potential mitigation sites noted during the project will be noted in the report. Site-specific mitigation plans are beyond the scope of services. b. Mitigation Plan/Concepts/Permitting (By Amendment) - The wetland delineation report, site plans, and IDNR and ACOE Joint Application Form shall be submitted to the Army Corps of Engineers (ACOE) and Iowa Department of Natural Resources (IDNR) for fmal determination of the wetland area. ACOE and IDNR will determine if the wetland area is jurisdictional or isolated and determine if the proposed construction plans will effect the wetland. If ACOE and IDNR determines that the wetland area is jurisdictional, than the OWNER must submit a mitigation plan to obtain the necessary permits before construction activities commence. The mitigation plan shall comply with ACOE Wetland Mitigation Guidelines and IDNR Requirements. Snyder & Associates will act as the Authorized Agent throughout the permitting process. Mitigation Plan/Concepts/Permitting, if necessary, will be based on established hourly rates and fixed expenses outlined in the Engineer's Standard Fee Schedule (Exhibit "D"). c. Wetland Mitigation Construction (By Amendment) - Upon approval from ACOE and IDNR of the mitigation plan, a new wetland area shall be constructed off-site to compensate for the loss of jurisdictional wetlands. The ENGINEER shall oversee construction actives of the new wetland area, including soil excavation, stockpiling, and plantings. The ENGINEER shall complete a report summarizing construction activities and submit the report to the OWNER and Army Corps of Engineers. Wetland Mitigation Construction, if necessary, will be based on established hourly rates and fixed expenses outlined in the Engineer's Standard Fee Schedule (Exhibit "D"). d. Wetland Monitoring (By Amendment) - The ENGINEER will also provide follow-up monitoring as required by the Army Corps of Engineers. Planting success rates, estimation of plant cover, assessments of hydrology and erosion, and overall condition of the wetland will be performed by the ENGINEER. Additional planting, weeding, and construction changes may be required to sustain the wetland. Monitoring shall be performed annually as required by the Army Corps of Engineers. Wetland Monitoring, if necessary, will be based on established hourly rates and fixed expenses outlined in the Engineer's Standard Fee Schedule (Exhibit “D”). 4. CONCEPTUAL DESIGN a. Field Review and Assessment The ENGINEER will complete a field review of each site and develop photo documentation of the existing conditions. Previously completed construction plans, engineering reports, and studies will be provided by the OWNER for review by the ENGINEER. The OWNER will provide available storm sewer system mapping. This information will be utilized to develop an initial assessment of possible conceptual lift station sites. b. Hydraulic Modeling The ENGINEER will utilize available storm sewer mapping and Iowa Statewide LiDAR mapping to develop drainage boundaries to the lift station sites. Hydrologic parameters of the watershed will be developed with modifications as needed to assess a fully developed watershed based on the City of Waterloo Comprehensive Plan. A hydraulic model of the existing upstream storm sewer system will be developed utilizing XP-SWMM for the 1-, 2-, 5-, 10- and 100 -year storm events. A maximum of 200 nodes upstream will be modeled for each site. The parameters of the modeling will be coordinated with consultants on other pump station projects. A maximum of three pumping alternatives will be evaluated for each site. These will be to maximize the available storage in the existing system and determine the pump sizing. Alternatives will include the existing system and two additional runs considering increased size on the upstream storm sewer system to provide additional flow. The 1-, 2-, 5-, and 10 -year storm event options will be analyzed for the 100 -year storm event to determine the inundation areas. A written summary of the hydraulic modeling, options, and recommendations will be prepared and included in the Lift Station Design Report. c. Lift Station Conceptual Design and Report — 30% submittal A conceptual layout for each site will be developed based on the findings of the field review and assessment and hydraulic modeling. Items to be considered include: 1. A tabulation of key issues for each site will be prepared for consideration in selecting the recommended layout. These key issues will be summarized by alternatives corresponding to the flooding scenarios established in the hydraulic model. Key items include: a. Trash collection and removal b. Power availability c. Franchise utility and railroad impacts d. SCADA monitoring considerations e. Construction considerations including access and staging f. Right of way/easement needs g. Location constraints including outfall layout 2. Preparation of a decision matrix of the lift station alternatives for the OWNER to compare with other lift station projects. 3. Develop conceptual opinion of probable project cost for each alternative. 4. Early coordination with review agencies. 5. The ENGINEER will incorporate up to three alternatives onto a color one-dimensional drawing. Additional graphics will be developed to provide a visual representation of the final conceptual lift station. These graphics will include the design elements. d. A maximum of four meetings with city staff and/or other consultants will be held during the conceptual design phase to discuss the design criteria, project coordination, and alternatives for the conceptual plans. Meetings with INRCOG to review funding requirements are included. e. Based upon the consensus of the city staff, a single recommended conceptual drawing will be developed to display design aspects of the lift station system. 5. GEOTECHNICAL INVESTIGATION The ENGINEER shall perform the soils and materials testing for the soils investigation on the project. This includes up to 6 suitable borings (2 for each site) to depths of about 35-40 feet for the lift station and outfall structure construction for each site, analysis of the soil borings, and presentation of the findings and recommendations in a report. Laboratory testing would include moisture content tests, unconfined compressive strength tests, density determinations, sieve analyses, plastic and liquid limits tests, and organic content tests. The Geotechnical Engineering Report would include and/or address boring logs and boring location diagrams, site, soil, and groundwater conditions (existing), recommended net allowable bearing capacity & estimated settlement, lateral earth pressures, groundwater control considerations, general earthwork recommendations, construction considerations 6. PRELIMINARY DESIGN PHASE The ENGINEER will develop preliminary design and plans based on the approved conceptual design for each of the three proposed sites as shown on Exhibit A, B, and C. A 60% submittal to the OWNER will be made at the conclusion of the phase. a. Included with this is the following: 1. Preliminary right-of-way needs. 2. Grading plans, dimension plan, and utility plans detailing the proposed site improvements. 3. Lift station and outfall design and plans. 4. Scope does not include design and plans for upstream storm sewer system improvements outlined in the conceptual design. 5. The plans will show where relocations are needed by private utility companies such as gas, telephone, cable, etc. 6. Stage construction to allow access in and out of site. 7. Constraints or conflicts affecting the anticipated cost of the proposed facilities. 8. Preliminary construction traffic control plan. 9. Preliminary erosion control plan. 10. Preliminary drainage layout. 11. Preliminary design and meeting memorandums. 12. Order of magnitude of PROJECT cost. All plans shall be prepared on 11"x17" size paper. Lift station construction plans will be at a general scale of 1" = 50'. Larger scales will be utilized where necessary to communicate details. b. Structural Design The ENGINEER shall complete the preliminary design and specifications for the three lift stations and outfall systems with locations shown on Exhibits A, B, and C. c. Design Meetings A maximum of four meetings with city staff and/or other consultants will be held during the preliminary design phase to discuss the implementation of the design criteria, project coordination, and preliminary plans. d. Preliminary Opinion of Probable Construction Cost. The ENGINEER will prepare preliminary opinion of total project cost and compare this to the current project budget. The ENGINEER will if necessary make recommendations pertaining to modifications in the project in order to address budgetary constraints. 7. RIGHT OF WAY PLATS a. Right -of -Way Needs - The ENGINEER will specify right-of-way needs for the PROJECT for fee taking or temporary construction easements. The number of impacted parcels and easements will be determined during preliminary design. This will include drainage and/or temporary construction easements adjacent to the existing permanent right-of-way or city owned property. If other right-of- way is identified in the design phase of the PROJECT, the costs for the development of the plats will be covered under the extra services portion of this Agreement. The OWNER will review and approve all right-of-way needs prior to the development of right-of-way plats. b. Right -of -Way Acquisition Plats & Legals - The ENGINEER shall complete a description of each parcel and right-of-way plat. The stated purpose of such acquisitions, including the type of interest, construction easement or permanent easement, to be acquired. The following numbers of plats are anticipated: Temporary Permanent Easements Easements Site 1 — Hollywood 6 1 Site 2 — Cedar Bend 2 1 Site 3 — Fletcher Avenue 6 1 c. Right -of -Way Acquisition will be completed by the OWNER based on plats provided by the ENGINEER. 8. NEIGHBORHOOD INFORMATIONAL MEETING The ENGINEER will assist the OWNER in conducting a public meeting with property owners who are affected by the project. This includes one meeting with each of the three proposed sites. Public notice will be distributed by the OWNER prior to the public meeting. The purpose of the meeting is to provide and update on the status of the projects and to facilitate a discussion of project concerns. 9. FINAL DESIGN PHASE a. The ENGINEER shall prepare construction documents for the PROJECT. The plans shall include, but not be limited to, the following information: Plan Preparation - The ENGINEER shall prepare final construction documents and furnish a copy of these documents to the OWNER for review and approval prior to final acceptance. The design documents will follow the current City of Waterloo, CDBG, and Corps of Engineers requirements. The plan sheets will generally include the following as applicable for this project: 1. Title Sheet 2. Quantity Estimate 3. General Notes 4. Standard Detail Sheets 5. Plan and Profile Sheets 6. Grading Plan 7. Structural Details 8. Electrical Instrumentation 9. Pump Station Plan 10. Site Plans 11. Traffic Control Plan 12. Erosion Control Plan 13. Survey Coordinates & Center Line b. Lift Station Design The lift station design will include the following electrical and mechanical design services: 1. Design of HVAC systems including heating and ventilation of the electrical room on top of the lift station. 2. Interior and exterior site lighting. 3. Electrical service, generator manual transfer switch, generator receptacle, and VFD's/power connection for up to four motors. 4. All three sites will include design of a permanent generator with automatic transfer switch for the purposes of bidding as an alternate bid. 5. Control System using programmable logic controllers for control of sluice gates and pumps based on flows as determined during modeling in Conceptual Design Phase. 6. Radio telemetry of controls information to the main wastewater plant for monitoring and control purposes. 7. Modifications of software at the main wastewater plant to incorporate each site into the system. c. Grading and Site Plans The site improvements shall include sidewalks and access roads, fencing, and signs. The ENGINEER shall provide dimension plans, grading plans, electrical plans, site details, site technical specifications, and one color rendering of final site plan drawings. d. Special Provisions The ENGINEER shall prepare the final special provisions to be included in the contract documents. e. Utility Coordination The ENGINEER shall coordinate with those utility companies with facilities within the project corridor. This includes but is not limited to the electric, water, gas, and telephone utilities. f. Design Meetings A maximum of four meetings with city staff and/or other consultants will be held during the fmal design phase to discuss the implementation of the letting schedule, project coordination, and final plans. g. Probable Costs The ENGINEER shall prepare a statement of the total probable cost for the PROJECT based upon the design developed. Statements of probable construction costs prepared by the ENGINEER represent the best judgment as a design professional familiar with the construction industry. It is recognized, however, that the ENGINEER has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the ENGINEER does not guarantee that any actual cost will not vary from any cost estimate prepared by the ENGINEER. h. Permitting Upon completion of the final plans, the necessary forms will be completed for submittal of the final plans to the Iowa Department of Natural Resources (IDNR) and the US Army Corps of Engineers (COE) for their approval. The Consultant will work with the OWNER to answer and resolve any questions arising from the IDNR or COE during the course of their review. i. Submittal The ENGINEER will transmit 95% complete plans to the OWNER for their review prior to the completion of the final plans and bidding process. C. CONSTRUCTION SERVICES 1. BIDDING PHASE — Assumes two separate bids (pump station and pump equipment). Upon receipt of OWNER authorization under the Final Design Phase as described herein, the ENGINEER shall perform the following services: 12 a. Construction Contract Documents - The PROJECT will be let by the OWNER and the ENGINEER shall supply the necessary documents for this process. b. Advertising - The ENGINEER shall answer questions from potential contractors, subcontractor and suppliers, and coordinate with OWNER staff during this phase of services. c. Bidding - The ENGINEER shall attend the meeting at which bids are received, tabulate the bids and make recommendations to the City Council regarding the awarding of the construction contract to the lowest qualified bidder. d. The services under this Agreement shall include those required for the construction of the proposed improvements for the PROJECT. 2. CONSTRUCTION ADMINIS'RATION PHASE — Assumes one contract. Upon award of the initial construction contracts, the ENGINEER shall perform the following administrative services during construction of the PROJECT: a. During the construction phases, the ENGINEER shall specify the testing of materials and administrative procedures to be as directed by the ENGINEER. b. Preconstruction Conference - The ENGINEER shall arrange and conduct a preconstruction conference with the Contractor and OWNER to review the contract requirements, details of construction, utility conflicts and work schedule prior to construction. c. Site Observation - The ENGINEER shall visit the construction site, at such times and with such frequency deemed necessary by the ENGINEER, to (a) observe the progress and (b) determine if the results of the construction work substantially conforms to the drawings and specifications in the Construction Documents. (See Article fII.D for more details.) d. Contractor Payment Requests - The ENGINEER shall review the requests of the contractor for progress payments and shall approve a request, based upon site observations, which authorizes payments and is a declaration that the contractor's work has progressed to the point indicated. e. Notification of Nonconformance - The ENGINEER shall notify the OWNER of any observed work which does not conform to the construction contract, make recommendations to the OWNER for the correction of nonconforming work and, at the request of the OWNER, see that these recommendations are implemented by the contractor. f. Shop Drawings - The ENGINEER shall review shop drawings and other submissions of the Contractor for general compliance with the construction contract. g. Change Orders - The ENGINEER shall prepare change orders for approval of the OWNER. h. Substantially Complete and Final Site Observation - The ENGINEER shall perform a site observation to determine if the PROJECT is substantially complete according to the plans and specifications and make recommendation on final payment for each construction phase. During the Construction Services Phase, the ENGINEER shall confer with the OWNER'S Project Officer to report PROJECT status. A written progress report shall be submitted and written in such a way that it is suitable for use as a City Council information item. If the Contractor exceeds the estimated working and/or calendar days in completing construction of the PROJECT, or if change orders or PROJECT additions require additional working days, the ENGINEER will be compensated for administration, inspecting and staking services based on established hourly rates and fixed expenses outlined in the Engineer's Standard Fee Schedule (Exhibit «D» k. INRCOG will review certified payrolls, complete wage rate surveys, and maintain certified payroll records and are not included in this scope of services. 1. Final Acceptance - It is understood that the OWNER will accept any portion of the PROJECT only after recommendation by the ENGINEER. Final acceptance of the PROJECT by the OWNER shall not be deemed to release the Contractor from responsibility for insuring that the work is done in a good and workmanlike manner, free of defects in materials and workmanship nor the ENGINEER for his liability of design. 3. CONSTRUCTION STAKING The ENGINEER shall be responsible for providing all construction stakes for the PROJECT. The construction documents will contain a provision that the ENGINEER will provide one set of stakes for each construction operation. Any staking that is destroyed due to construction that has to be replaced, will be at the Contractor's expense. 4. CONSTRUCTION OBSERVATION The ENGINEER will provide one or more Resident Engineer or Resident Construction Observer for the PROJECT as required during the Construction Phases. If the Contractor requests a waiver of any provisions of the plans and specifications, the ENGINEER will make a recommendation on the request to the OWNER for their determination. No waiver shall be granted if such waiver would serve to reduce the quality of the final product. The OWNER shall never be deemed to have authorized the ENGINEER to consent to the use of defective workmanship or materials. The Resident Engineer or Construction Observer will give guidance to the PROJECT during the construction periods, including the following: a. Setting and/or checking of lines and grades required during construction. b. Observation of the work for general compliance with plans and specifications. c. Keep a record or log of Contractor's activities throughout construction, including notation on the nature and cost of any extra work or changes ordered during construction. d. Resident Services provide the Owner with representation at the job site during the Construction Phases of the PROJECT which results in increasing the probability that the PROJECT will be constructed in substantial compliance with the plans and specifications, and Contract Documents. However, such Resident Services do not guarantee the Contractor's performance. Resident services do not include responsibility for construction means, controls, techniques, sequences, procedures or safety. 5. CONSTRUCTION TESTING a. The Resident Engineer or Construction Observer will coordinate the acceptance testing and monitoring according to OWNER requirements. b. The following items will be completed by the ENGINEER for the OWNER based on hourly rates, unit prices and fixed expenses of the ENGINEER or private testing laboratory. • Field moisture and density tests by private testing laboratory. • Concrete compressive tests by private testing laboratory or ENGINEER and deliveries to laboratory. c. Assurance sampling, testing and source inspection required is not expected to be provided by the ENGINEER. 6. RECORD DRAWINGS Record Documents - The ENGINEER shall furnish reproducible record documents for PROJECT according to OWNER requirements. Such as - builds may contain a waiver of liability phrase in regard to unknown changes made by the Contractor without OWNER/ENGINEER approval. D. STORM WATER POLLUTION PREVENTION PLAN AND MONITORING. ENGINEER will prepare and submit the Notice of Intent for Storm Water Discharge Permit No. 2 applicable to the site; the initial Storm Water Pollution Prevention Plan (SWPPP) and monitor the implementation and administration of the Plan as follows: 1. DEFINITIONS. For purposes of this Article III, D. the following definitions shall apply: a. ADMINIS I RATOR. The person employed by or the independent person or entity hired by the OWNER or the Owner of the Project to provide SWPPP Administration Services for the Project. b. ADMINISTRATION. The act or process of managing, directing and /or carrying out the physical installation, construction, placement and/or relocation of storm water pollution control(s) on the Project site in accordance with the SWPPP, as amended, except for that part of the SWPPP pertaining to "Section 3.10 16 Inspections" of the National Pollutant Discharge Elimination System (NPDES) general permit. c. IMPLEMENTATION. The administration of the initial SWPPP and any approved amended SWPPP for the Project d. MONITOR. To watch or observe the administration and implementation of a SWPPP for the Project and to timely report to OWNER and the Administrator any administration or implementation that is not in conformance with the SWPPP or any amendment thereto; or, that is not in compliance with any statute, law, rule or regulation applicable to the SWPPP. 2. SERVICES TO BE PERFORMED. ENGINEER agrees to provide a qualified person at such times and with such frequency as ENGINEER in its sole opinion deems necessary or required to monitor the SWPPP for the Project and any amendments thereto. The ENGINEER will comply with the requirements of Part 3, Subsection 3.10 of the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from Large and Small Construction Activities, as modified, as this subsection may pertain to ENGINEER's monitoring activities covered by this Agreement. Monitoring as used in this Agreement shall be the equivalent of inspections as used in said Subsection 3.10 of the NPDES General Permit. a. ENGINEER shall not supervise, direct or have control over the Administrator's administration of the SWPPP nor have any responsibility for the means, methods, techniques, sequences or procedures selected by the Administrator nor for the Administrator's safety precautions or programs in connection with the administration of the SWPPP. These rights and responsibilities are solely those of the Administrator. b. ENGINEER shall not be responsible for any acts or omissions of the Administrator or any agents or employees of any of them. The ENGINEER does not guarantee the performance of the Administrator and shall not be responsible for the Administrator's failure to properly administer the SWPPP or for the Administrator's failure to comply with any statute, law, rule or regulation applicable to the SWPPP. c. OWNER acknowledges that the various governmental agencies having jurisdiction over the administration and implementation of a SWPPP may, at times, have differing interpretations and requirements for compliance with statutes, laws, rules and regulations applicable to the SWPPP. OWNER shall be solely responsible for any fines, charges, penalties, or fees levied against P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11.docx -17- OWNER or the Owner of the Project for violations of said statutes, laws, rules and regulations and shall hold ENGINEER harmless therefrom and shall not seek indemnity or recourse against ENGINEER, except for those fines, charges, penalties, or fees levied against OWNER or the Owner of the Project that are caused by or arising out of ENGINEER's negligent acts, errors or omissions in the performance of it's services under this Agreement. A violation of said statutes, laws, rules and regulations arising out of differing agency interpretations and/or requirements for compliance shall not constitute negligence per se. 3. OWNER'S Responsibility regarding SWPPP OWNER shall be solely responsible for: a) the implementation and administration of the initial plan; b) making modifications to the initial plan as needed; c) filing the Notice of Discontinuance; and, d) compliance with all NPDES or storm water discharge statutes, rules, regulations or ordinances applicable to the site. ENGINEER will include the initial Storm Water Pollution Prevent Plan as a part of the Construction Documents and will require the Construction Contractor in the Construction Contract to assume all of OWNER'S responsibilities set forth in this paragraph. 4. Indemnification ENGINEER agrees, to the fullest extent permitted by law, to indemnify and hold OWNER harmless against all damages, liabilities or costs including reasonable attorneys' fees and defense costs (hereafter "Claims") to the extent caused by ENGINEER'S errors, omissions or negligent acts relating to the preparation of the Notice of Intent or creation of the initial storm water pollution prevent plan. OWNER shall protect, defend, indemnify and hold ENGINEER harmless from any and all Claims caused by or in any manner related to: a) any discharges of soil, silt, sediment, petroleum product, hazardous substances or solid waste from the site; and/or b) any alleged violation of any NPDES or storm water discharge statute, rule, regulation or ordinance, unless said Claims were primarily caused by the ENGINEER'S own negligent acts. OWNER shall release, waive and otherwise discharge any and all Claims that OWNER may assert against ENGINEER relating, in any manner, to any discharges from the Site and/or any alleged violation of any NPDES or storm water discharge statute, rule, regulation or ordinance except as set forth above. The covenants and provisions herein shall survive cessation of ENGINEER'S work on the site. P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11. docx -18- E. ADDITIONAL SERVICES 1. Changes in Scope of Services The OWNER may request Additional Services from the ENGINEER not included in the Scope of Services as outlined. Additional Services may include, but not be limited to, expanding the scope of the PROJECT and work to be completed; requesting the development of various documents; or requesting additional work items that increases the Engineering Services and corresponding costs. Additional Services shall be performed as requested in writing by the OWNER on an hourly basis in accordance with the current fiscal year Snyder & Associates, Inc. Standard Fee Schedule in affect at the time of actual performance. All services quoted on a lump sum basis shall be valid for one year from the contract date. F. ACCESS OF DOCUMENTS The OWNER, Economic Development Administration, Comptroller General of the United States, 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 the ENGINEER (which are directly pertinent to a specific grant program) for the purpose of making an audit, examination, excerpts, and transcriptions. The ENGINEER shall maintain all required records for at least three years after the OWNER makes final payment and all pending matters are closed. IV. RESPONSIBILITY OF THE OWNER At its own expense, the OWNER shall have the following responsibilities regarding the execution of the Contract by the ENGINEER. A. PROJECT OFFICER The OWNER shall name a Project Officer to act as the OWNER's representative with respect to the work performed under this Agreement. All correspondence with OWNER relating to PROJECT shall be directed to the Project Officer and the Project Officer shall be invited to all progress meetings and other meetings called during the PROJECT. B. PROMPT RESPONSE To prevent an unreasonable delay in the ENGINEER's work, the OWNER will examine all reports, drawings, specifications, and other documents and will provide authorizations in writing to the ENGINEER to proceed with work within a reasonable time period. P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11. docx -19- C. PROJECT REQUIREMENTS The OWNER shall furnish the following information for the PROJECT: Design and construction standards; PROJECT area topography and existing features and utilities; construction documents of projects within close proximity; known property locations and conditions; zoning or deed restrictions; approved Assessment method and formula; and permission for access to private property if necessary to perform work. V. WORK SCHEDULE The PROJECT, from design through construction completion, shall be performed by the ENGINEER in accordance with a schedule mutually developed by the OWNER and ENGINEER. Generally, the schedule for the PROJECT is described as follows: A. 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 Conceptual Design Report (30%) 60 2. Approval of Conceptual Design Report and Pump Station Design Frequency Selection (By Others) 65 3. Permit Application Submittals 75 4. Completion of Preliminary Plans and Construction Cost Estimate (60%) 105 5. Approval of Preliminary Plans (By Others) 110 6. Permits Received by Review Agencies (By Others) 135 7. Completion of Final Plans, Specifications and Cost Estimate (95%) 140 8. Completion of Construction Documents for Bidding 150 (100%) Final letting schedule will be determined during the PROJECT which would prioritize each of the three project sites and modify the project schedule. The ENGINEER will provide written notice for changes in the schedule based on this prioritization. B. The ENGINEER shall not be responsible for delays in the schedule which are beyond the ENGINEER's control. P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11.docx -20- VI. COMPENSATION AND TERMS OF PAYMENT The OWNER shall pay the ENGINEER in accordance with the terms and conditions of this Agreement. A. BASIC SERVICES As set forth in Article III (B) the engineering fee shall be on the basis of an hourly not to exceed and fixed expenses amount of six hundred ninety thousand one hundred and 00/100 dollars ($690,100.00) Hollywood Lift Station Item Hourly Amount 1. Project Administration 2. Topographic Survey 3. Environmental Assessment 4. Conceptual Design 5. Geotechnical Investigation 6. Electrical/Mechanical Design 7. Preliminary Design Phase 8. Right of Way Plats 9. Neighborhood Informational Meeting 10. Final Design Phase Cedar Bend Lift Station Item $14,400.00 $23,300.00 $2,000.00 $46,700.00 $3,300.00 $16,300.00 $48,300.00 $1,400.00 $7,200.00 $110,850.00 $273,750.00 Hourly Amount 1. Project Administration 2. Topographic Survey 3. Environmental Assessment 4. Conceptual Design 5. Geotechnical Investigation 6. Electrical/Mechanical Design 7. Preliminary Design Phase 8. Right of Way Plats 9. Neighborhood Informational Meeting 10. Final Design Phase P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11.docx -21- $14,400.00 $25,700.00 $2,200.00 $46,800.00 $3,300.00 $16,300.00 $47,700.00 $800.00 $7,200.00 $107,450.00 $271,850.00 Fletcher Avenue Lift Station Item Hourly Amount 1. Project Administration 2. Topographic Survey 3. Environmental Assessment 4. Conceptual Design 5. Geotechnical Investigation 6. Electrical/Mechanical Design 7. Preliminary Design Phase 8. Right of Way Plats 9. Neighborhood Informational Meeting 10. Final Design Phase B. CONSTRUCTION SERVICES $8,000.00 $25,500.00 $2,300.00 $23,000.00 $3,400.00 $10,000.00 $24,900.00 $1,400.00 $6,000.00 $40,000.00 $144,500.00 As set forth in Article III (C) shall be on the basis of hourly not to exceed and fixed expenses basis as outlined in the Engineer's Standard Fee Schedule in the amount of three hundred seventy six thousand one hundred and 00/100 dollars ($376,100.00). Hollywood Lift Station Estimated Cost Item Not to Exceed 1. Bidding Phase $4,000.00 2. Construction Administration $23,500.00 3. Construction Staking $12,500.00 4. SWPPP Monitoring $11,400.00 5. Construction Testing (Terracon) $7,000.00 5. Construction Observation $87,600.00 6. Record Drawings $6,100.00 $152,100.00 Cedar Bend Lift Station Estimated Cost Item Not to Exceed 1. Bidding Phase $4,000.00 2. Construction Administration $22,600.00 3. Construction Staking $10,000.00 4. Construction Observation $87,600.00 5. SWPP Monitoring $11,400.00 6. Construction Testing (Terracon) $7,000.00 7. Record Drawings $6,100.00 P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-I6-11.docx -22- $148,700.00 Fletcher Avenue Lift Station Estimated Cost Item Not to Exceed 1. Bidding Phase $3,500.00 2. Construction Administration $13,000.00 3. Construction Staking $7,000.00 4. Construction Observation $35,000.00 5. SWPP Monitoring $8,800.00 6. Construction Testing (Terracon) $5,000.00 7. Record Drawings $3,000.00 $75,300.00 The current fee schedule is shown in Exhibit "D". The charges from the Fee Schedule will be based on the fiscal year the charges occur. Total fees of services shall not exceed the following amounts without approval of the OWNER. Basic Services Subtotal: Construction Services Subtotal: Total Contract: $690,100.00 $376,100.00 $1,066,200.00 Hourly not to exceed Hourly not to exceed Anytime the ENGINEER anticipates that actual engineering costs will exceed estimated engineering costs, he shall immediately notify the OWNER, in writing, of such proposed increase and the reasons therefor. The OWNER shall thereupon review such proposed increase and either accept or reject same. C. ADDITIONAL SERVICES As set forth in Article III (D), Additional Services shall be performed as requested in writing by the OWNER and shall be performed on an hourly basis shall be performed in accordance with the current fiscal year Snyder & Associates, Inc. Standard Fee Schedule in affect at the time of actual performance. All services quoted on a lump sum basis shall be valid for one year from the contract date. VII. METHOD OF PAYMENT A. The ENGINEER shall submit billings for Basic, Construction and Additional Services to the OWNER on a thirty (30) day basis under separate cover and shall be paid by the OWNER within fourteen (14) days after approval by the City Council. The OWNER shall pay the ENGINEER a percentage of the total fee for each phase or a cost not to exceed the amount shown in accordance with the schedule shown below. B. Billings shall include sufficient documentation to explain the charges. All billings shall be accompanied by a Billings Information Report on a form provided to the ENGINEER by the OWNER. P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11.docx -23- VIII. TERMINATION OF AGREEMENT The ENGINEER or OWNER may, after giving seven (7) days written notice to the other party, terminate this agreement and the ENGINEER shall be paid for services provided to the termination notice date, including reimbursable expenses due, plus termination expenses. Termination expenses are defined as reimbursable expenses directly attributed to the termination. IX. CONFLICT OF INTEREST No elected official or employee of the OWNER who exercises any responsibilities in review, approval, or carrying out of this Agreement shall participate in any decision relating to this Agreement which affects his or her direct or indirect personal or financial interest. X. ASSIGNABILITY The ENGINEER shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the OWNER. XI. OWNERSHIP OF DOCUMENTS All drawings, specifications and other work products of the PROJECT are instruments of services for this PROJECT only and shall remain the property of the ENGINEER. The ENGINEER may deliver to the OWNER, at the OWNER's request, paper or electronic media copies of documents prepared in accordance with this Agreement. The OWNER may make hard copies or electronic copies of these documents for purposes supporting the intended use of the project. Any reuse or modification of the documents supplied by ENGINEER for purposes of the PROJECT, including electronic media will be at the recipient's risk and responsibility. Electronic media will be provided as is without warranty, expressed or implied and it shall be the OWNER'S responsibility to reconcile this electronic data with the final certified paper plans, and that the final certified paper plans shall be regarded as the legal documents for this PROJECT. XII. CONFIDENTIALITY No reports, information, and/or data given to or prepared or assembled by the ENGINEER under this Agreement shall be made available to any individual or organization by the ENGINEER without prior written approval of the OWNER. XIII. INSURANCE The ENGINEER shall maintain insurance to protect the ENGINEER from claims under Workmen's Compensation Acts; claims due to personal injury or death of any employee or any other person; claims due to injury or destruction of property; and claims arising out of errors, omissions, or negligent acts for which the ENGINEER is legally liable. The amounts and extent of such insurance is as follows: P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11.docx -24- 1. Professional Liability - 2. Vehicle Coverage - Bodily Injury 3. Workmen's Compensation - 4. General Liability - XIV. DISPUTE RESOLUTION $ 2,000,000 each claim; 2,000,000 aggregate $ 1,000,000 combined single limit (each accident) $ 100,000 each accident $ 1,000,000 each occurrence and 2,000,000 aggregate In an effort to resolve any conflicts that may arise during the design and construction of the Project or following the completion of the Project, the OWNER and the ENGINEER agree that all disputes between them arising out of or relating to this Agreement or the Project shall be first discussed by representative(s) of each party who have authority to settle in a good faith effort by both parties to resolve the dispute. In the event the parties are unable to resolve the dispute, the parties agree to submit the dispute to non binding mediation before submission to civil litigation in a court of competent jurisdiction. All costs of mediation (excluding attorney fees, if any) shall be shared equally by the parties. Each party shall pay their own attorney fees. The OWNER and the ENGINEER further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution among the parties to all those agreements. XV. ENGINEER'S RESPONSIBILITY The ENGINEER shall be responsible for the professional quality and technical accuracy of all services furnished by the ENGINEER under this Agreement, except for that work provided by OWNER. The ENGINEER shall, without additional compensation, correct or revise any error or deficiencies in his work. Approval of the OWNER of any such work shall not in any way relieve the ENGINEER of responsibility for the technical accuracy and adequacy of said services. The OWNER's review, approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. XVI. COMPLETENESS OF THE AGREEMENT This document contains all terms and conditions of this Agreement and any alteration shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. There are no understandings, representations, or agreements, written or oral, other than those incorporated herein. P:Wgreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11.docx -25- XVII. ENGINEER'S CERTIFICATION OF REPORT The ENGINEER shall place his certification on the Contract Documents, all in conformity with Chapter 114, Code of Iowa. LN WITNESS WHEREOF, the parties have signed this Agreement as of the day and the year first above written. ATTEST: P:1AgreementAWaterloo12011 Pump Station\Agreement - Final 2-16-11.docx ENGINEER SNYDER & SS • C By -26- Legend • Group 3 Lift Stations Survey Limit Topoliraptic Survey r=. Sion Saver Survey slot.** ASSCK hart S Survey Limits Group 3: Hollywood Lilt Station MT( Exhibit A P.'..typezfatah24139.3trm Zed" FIT Etdamr,EZEweEtliyaperzeL-0M P:\Agreements\WaterloM2011 Pump Station\Agreement - Final 2-16-11.docx -27- Group 3 Lift Stations Survey Unit Topographic Survey Storm Sewer Survey Survey Limits Group 3: Cedar Bend Lift Station P:4 SiCbt (OW ,;t'im 'e.3ffiRrr; 3al¢64Si tteetzl s rd P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11.docx -28- ':72:11)iiiiW • • 1.41,4-• ANC&Mai- -11K4Of „„, al/Ltir MIME or- 'INAS' t,IXES alarm,. 't1" - r: 31 ' "' • -13 *yaw .•V 'I= MIN ,... •..a.: Legend Gn3up 3 Lift Stations Survey limit =j1 Taggraptc Sunrey 6 Sevier Survey SlivOES ASSOCIATES Survey Limits Group 3: Fletcher Avenue Lift Station a Exhlblt C 3,gontszoilfaniWets-4.11wattlimrbOtscsr,Stbdra.afart. Weetnewnrel P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11.docx -29- Exhibit "D" SNYDER & ASSOCIATES 2011-12 STANDARD FEE SCHEDULE Billing Classification/Level Billing Rate Professional Designer Engineer, Structural Engineer, Landscape Architect, Land Surveyor, GIS, Environmental Scientist, Project Manager, Planner, Right -of -Way Agent, Graphic Principal $157.00-167.00 /hour Senior $138.00 /hour VIII $131.00 /hour VII $124.00 /hour VI $120.00 /hour V $112.00 /hour IV $100.00 /hour III $92.00 /hour II $84.00 /hour I $70.00 /hour Technical Technicians—CADD, Survey, Construction Observation Lead $100.00 /hour Senior $96.00 /hour VIII $90.00 /hour VII $8L00 /hour VI $73.00 /hour V $67.00 /hour IV $60.00 /hour III $51.00 /hour II $43.00 /hour I $38.00 /hour Administrative Clerical Administrative II $50.00 /hour Administrative I Reimbursables Mileage $42.00 current IRS standard /hour rate 1 -person robotic equipment (in addition to technical rate) $25.00 /hour Outside Services As Invoiced P:\Agreements\Waterloo\2011 Pump Station\Agreement - Final 2-16-11. docx -30- ENGINEERS & PLANNERS D. E R ASS C I -ATE° S. ANKENY,, IA ATLANTIC, IA CEDAR RAPIDS, L4 COUNCIL BLUFFS, L4 MARYVILLE, MO ST. JOSEPH, MO (515) 964-2020 (712) 243-6505 I (319) 362-9394 I (712) 322-3202 I (660) 582-8888 I (816) 364-5222 July 11, 2011 Jamie Knutson, P.E. Associate Engineer City of Waterloo 715 Mulberry Street Waterloo, IA 50703 RE: PROFESSIONAL SERVICES AGREEMENT CONTRACT ADDENDUM CDBG CONTRACT PROVISIONS STORMWATER LIFT STATIONS — GROUP 3 WATERLOO, IOWA Dear Mr. Knutson, This letter shall serve as a contract addendum to our Professional Services Agreement for the above referenced project. This addendum shall add Attachment A (Community Development Block Grant (CDBG) contract provisions), a copy of which is attached herto and by this reference made a part of our Professional Services Agreement. Please acknowledge acceptance by executing the enclosed copy of this letter and sending it back with our copy of a fully executed Professional Services Agreement. Thank you. Should you have any questions or concerns regarding this contract addendum do not hesitate to call. Sincerely, SNYDER & ASSOCIATES, INC. 7;*/, David N. Moeller, P. President ARB Encl. The City of Waterloo herby acknowledge acceptance of this addendum to said Professional Services Agreement this re -16. day of 3-t) L.1 , 2011. A11 EST: ) City of W-,~, loo (OWNER) B t•- ril4/ Snyder & Associates, Inc. - 2727 S.W. Snyder Boulevard - Ankeny, IA 50023 www.snyder-associates.com PAAgreementsiWaterloo\2011 Pump Station\CDBG Contract Addednum itr.docx ATTACHMENT A 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 nonnal 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 excludedfrom 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 quaked 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 telecommrmications. • 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. 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 810,000 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 aretreated 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 ofthe 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 ail 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 ofthe 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 1n 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.)