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HomeMy WebLinkAbout7793RESOLUTION NO. 7793 A RESOLUTION APPROVING THE PROPOSAL FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES AND ENGAGING HURTIG, GARDNER AND FROELICH ARCHITECTS INC. FOR THE DOWNTOWN PUEBLO TRANSIT CENTER WHEREAS, proposals for professional architectural and engineering services for the Downtown Transit Center have been received and examinend; and WHEREAS, the proposal submitted by Hurtig, Gardner and Froelich Architects, Inc., of Pueblo, Colorado was determined by the selection committee to be the most responsive; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The proposal dated November 17,1995 and approved scope of work submitted by Hurtig, Gardner and Froelich Architects, Inc. of Pueblo, Colorado, copies of which are in the office of the Department of Transportation, concerning the design, preparation of construction drawings and documents and construction management for the downtown transit center is hereby approved subject to contract language approval by the City Attorney's office. SECTION 2. The estimated cost of this proposal is $110,390 and shall not exceed this amount. SECTION 3. Funds are available from the Federal Transit Administration Grant Number CO -90 -X089. Introduced: December 27 , 1995 By: Charles Jones ATTEST: W.0 � W-- K W - WM�A APPROVED: CL President of City Council AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES THIS AGREEMENT made and entered this 25 day of January , 19 96 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Hurtig, Gardner & Froelich Architects, Inc., a professional architectural and design firm (hereinafter "Architect ") for Architect to render certain professional architectural and related services for Owner in connection with construction of a Downtown Transit Center, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL 1.1 Architect shall satisfactorily perform professional architectural services for all phases of Project indicated below by mark placed in the appropriate box or boxes: [ ] - Study and Report Phase [x] - Preliminary Design (Schematic) Phase [x] - Final Design Phase including preparation of Bid Documents [x] - Construction Phase Upon completion of any phase, Architect shall not proceed with work on the next phase, if any, until authorized in writing by Owner to proceed therewith. Such services shall include all usual and customary professional architectural consultation and advice and the furnishing (directly or through professional consultant subcontractors) of customary and usual civil, structural, mechanical and electrical engineering services. Architect shall also (directly or through subcontractors) provide any architectural, landscape architectural, soil investigations and surveying services incident to its work on the Project. 1.2 In performing the professional services, Architect shall complete the work items described generally in SCHEDULE 1 - Scope of Services and the items identified in Section 2 of this Agreement which are applicable to each phase for which Architect is to render professional services. 1.3 Funding Source Reauir ements (a) Architect understands that Owner is funding Architect's services and the Project with federal financial assistance provided through the U.S. Department of Transportation ( "DOT "), pursuant to a grant agreement dated September 27, 1995 , and applicable federal regulations. Architect agrees that Architect's performance under this Agreement is subject to, and Architect shall comply with, all applicable provisions of said grant agreement and all regulations and requirements made applicable to the Project by virtue of same. (b) Architect shall comply with all Federal, State, and local laws applicable to its activities, including but not limited to: 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;" OMB Circular A -87, "Cost Principles for State and Local Governments;' 49 CFR Part 90, "Audits of State and Local Governments ;" 49 CFR Part 29, "Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug Free Workplace (Grants);" 49 CFR Part 20, "New Restrictions on Lobbying;" and the Department of Transportation regulations concerning nondiscrimination in federally assisted programs, 49 CFR Part 21. (c) All records with respect to any matters covered by this Agreement shall be available for inspection by Owner, the U.S. Department of Transportation , and the Inspector General of same, at any time during normal business hours and as often as Owner, the Department or such Inspector General deems necessary, to audit, examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. (d) In the preparation of all design documents, including all plans, specifications, technical criteria and bid documents, Architect shall include all applicable requirements set forth in the said grant agreement, federal law or applicable DOT regulation. To the extent practicable, Architect shall integrate all such requirements with Owner's standard forms of agreement so as to avoid unresolved conflict or ambiguity. 1.4 Architectural services shall be performed under the direction and supervision of an architect duly licensed and authorized by law to conduct a practice of architecture in the state of Colorado. All reproductions of drawings produced under this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be signed by and bear the seal of such licensed architect. 1.5 Professional engineering services shall be performed under the direction and supervision of a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado. 1.6 Surveying work included within or reasonably contemplated by this Agreement shall be performed under the Direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Agreement shall be signed by and bear the seal of said Professional Land Surveyor. SECTION 2. Architect SERVICES 2.1 Study Report Phase If Architect is to provide professional services with respect to the Project during the Study and Report Phase, Architect shall: (a) Consult with Owner to determine his requirements for the Project and review available data. -2- (b) Advise Owner as to the necessity of his providing or obtaining from others data or services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such services. (c) Provide special analyses of Owner's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. (d) Identify and analyze requirements of governmental authorities and regulatory agencies involved in approval or permitting any aspect of Project. (e) Provide general economic analysis of Owner's requirements applicable to various alternatives. (f) Prepare a Report with appropriate exhibits indicating clearly the considerations involved and the alternative solutions available to Owner, and setting forth Architect's findings and recommendations with opinions of probable costs. (g) Furnish 6 copies of the Report and present and review it in person with Owner. 2.2 PreliminaU Design(Schematic) Phase If Architect is to provide professional services with respect to the Project during the Preliminary Design Phase, Architect shall: (a) Consult with Owner and determine the general design concept and Project requirements based upon information furnished by Owner as well as any study Report on the Proj ect. (b) Prepare and submit to Owner preliminary design documents consisting of final design criteria, preliminary drawings, an outline of specifications, and written descriptions of all significant features of Project. (c) Prepare and submit to Owner a requirements checklist of any subsurface investigation, additional data, permits, or other information and requirements which is anticipated will be necessary for the design or construction of Project. (d) Provide written disclosure to Owner of significant design assumptions and design risks inherent in or presented by design alternatives, and make recommendations to Owner based thereon. (e) Prepare and submit to Owner a preliminary cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, costs of land and rights of way, compensation for damages and finance costs, if any. -3- (f) Architect shall furnish six (6) copies of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner. 2.3 Final Design and Bidding Phase If Architect is to provide professional services with respect to the Project during the Final Design Phase, Architect shall: (a) After consultation with the Owner, receipt of Owner's selection of any design options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent and character of the work to be performed by contractors, and Specifications describing such work and the requirement therefor. Such plans and Specifications shall comply with all applicable building codes and requirements of regulatory agencies having any approval authority. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner, informing the Owner of any change in probable construction costs as a result of such revisions. (c) Provide technical criteria, written descriptions and design data for Owner's use, and disclose any significant design risks inherent in or presented by design choices. (d) Based upon Architect's best professional judgment, prepare and submit to Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, land and right of way costs, damages and finance costs, if any. (e) Prepare and submit to Owner draft forms of contract agreement, general and special conditions, bid forms invitations to bid, information for bidders, forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms, Architect shall consider and incorporate, to the extent both advisable and feasible, owner's standard forms of agreement, warranty, payment and performance bonds, general conditions and selected specifications. (f) After review and comment by Owner, prepare and submit final forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, and forms of warranty, together with any Addenda which may be required or appropriate to correct errors, clarify Drawings or Specifications or advise of changes. 1 2 copies of these final bid documents shall be furnished to Owner. (g) Make recommendations to Owner concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and construction contract documents. (h) Attend a pre -bid conference with bidders to discuss Project requirements and In receive requests for clarification, if any, to be answered by Architect in writing to all plan holders. (i) Consult with and make recommendations to Owner concerning: acceptability of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals ", amount of bids and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Architect's advice. 2.4 Construction Phase If Architect is to provide professional services with respect to the Project during the Construction Phase, after award by the Owner of a general contract or contracts for construction of the Project, Architect shall: (a) Perform all duties and functions to be performed by Architect under the terms of the construction contract. (b) Visit the Project site, perform observations as to the progress and quality of the work and advise the Owner as to same. The frequency and level of observation shall be commensurate with the nature of the work and size of the Project, except that any specific provisions set forth in SCHEDULE 1 - Scope of Services concerning the level of observation shall determine Architect's obligation concerning level of observation. (c) Make determinations as to whether the work is proceeding in accordance and compliance with the construction contract documents. (d) Promptly advise the Owner in writing of any omissions, substitutions, defects or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project. (e) Reject any work on the Project that does not conform to the contract documents. (f) On request of the Owner, the construction contractor or any subcontractor on the Project, issue written interpretations as to the Drawings and Specifications and requirements of the construction work. (g) Review shop drawings, samples, product data and other submittals of the contractor for conformance with the design concept of Project and compliance with the Drawings, Specifications and all other contract documents, and indicate to Contractor and Owner with respect thereto, any exceptions noted, or modification or resubmittals required. (h) Review all applications of Contractor for payment and in connection with same, issue certificates for payment to the Owner for such amounts as are properly payable under the terms of the construction contract. Each such certificate shall constitute Architect's representation to Owner that he has inspected the Project and that to the best of his knowledge, the work for which payment has been sought has been completed by Contractor in accordance with the -5- Drawings, Specifications and other contract documents. (i) Subject to written concurrence by Owner, promptly render a written recommendation to Owner concerning all proposed substitutions of material and equipment. 0) Draft, for Owner's consideration, and offer recommendations upon, all proposed change orders and contract modifications. (k) On application for final payment by the Contractor, make a final inspection of the Project, assembling and delivering to the Owner any written guaranties, instructions manuals, as -built drawings, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the Project. (1) The Architect shall, if and to the extent so provided in the construction contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner or Contractor, the Architect shall promptly make written interpretations of the contract documents and render written decisions on all claims, disputes and other matters relating to the execution or progress of the work on the Project. The interpretations and decisions of the Architect shall be final and binding on the Contractor and Owner, unless the Director of Public Works of the Owner shall, within seven calendar days after receipt of the Architect's interpretation or decision, file his written objections thereto with the Architect and Contractor. 2.5 Additional Responsibilities This paragraph applies to all phases of Architect's work. (a) Architect shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Architect's work, including that performed by Architect's consultants and subcontractors, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his work. (b) Architect shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by Architect's negligent act or omission; except that Architect hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Architect's professional responsibility shall comply with the standard of care applicable to the type of architectural and other services provided, commensurate with the size, scope and nature of the Project. M (d) Architect shall be completely responsible for the safety of Architect's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Architect's employees. (e) Architect acknowledges that, due to the nature of architectural and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect assigns principal responsibility for services performed under this Agreement. Consequently, Architect represents that Architect has selected and intends to employ or assign the key personnel and consultants identified in Paragraph B-4 of Schedule 2 , attached hereto for the Project assignments and areas of responsibility stated therein and will identify in writing to owner all other key personnel and consultants it intends to employ within 10 days of execution of this Agreement. Within 10 days of receipt of such identification, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Architect shall designate in writing a Project representative who shall have complete authority to bind Architect, and to whom Owner should address communications. (f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect shall submit to Owner for approval a schedule showing the order in which Architect proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Architect will not be responsible for delays beyond his control. (g) Before undertaking any work which Architect considers beyond or in addition to the scope of work and services which Architect has contractually agreed to perform under the terms of this Agreement, Architect shall advise Owner in writing (i) that Architect considers the work beyond the scope of this Agreement, (ii) the reasons the Architect believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect shall be compensated for his direct costs and professional time at the rates set forth in- Schedule 2. SECTION 3 OWNER'S RESPONSIBILITIES -7- 3.1 Owner shall: (a) Designate a representative to whom all communications from Architect shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Architect of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Architect with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Architect to have access to enter private and public property as required for Architect to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Architect, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental architectural work or materials furnished hereunder shall not in any way relieve the Architect of responsibility for the professional adequacy of his work. 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. (f) Upon advice of the necessity to do so from Architect, obtain required approvals and permits for the Project. The Architect shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Architect whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Architect's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Architect is not within the custody or control of Owner but must be procured from others. SECTION 4, TRyIE FOR PERFORMANCE Architect's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in SCHEDULE 1 - Scope of Services and Section 1 of this Agreement. SECTION 5. PAYMENT 5.1 Owner will pay to Architect as full compensation for all services required to be performed by Architect under this Agreement, except for services for additional work or work beyond the scope of this Agreement, a fee in an amount not to exceed $ 110,390.00 itemized as provided in SCHEDULE 2 and computed in accordance with this Section. The not to exceed fee includes all work to be performed by Architect's subcontractors and consultants and certain reimbursable expenses, identified in SCHEDULE 2. 5.2 Architect shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the fee, for actual professional services rendered, and for reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, Owner shall pay Architect for the amount of the application within 40 days of the date of billing, provided that sufficient documentation has been furnished, and further provided that Owner will not be required to pay more than 90% of the lump sum fee for any phase of the work, or such amount of the fee as has been identified to any major task, unless the Architect's services on the Project with respect to such phase or task, for which this Agreement is applicable, have been completed to Owner's satisfaction and all Architect submittals required therefor have been provided. 5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in SCHEDULE 2. 5.4 No separate or additional payment shall be made for profit or overhead. No separate or additional payment shall be made for telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or other expenses unless specifically identified as a reimbursable expense item in SCHEDULE 2 and made subject to any limitations set forth in paragraph 5.1 above. 5.5 No compensation shall be paid to Architect for senlices required and expenditures incurred in correcting Architect's mistakes or negligence. 5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Paragraph 2.5(g). SECTION 6. TERMINATION 6.1 The Owner reserves the right to terminate this Agreement and Architect's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon MT such termination, Architect shall cease all work and stop incurring expenses, and shall promptly deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all other information, and materials as Architect may have accumulated in performing this Agreement, together with all finished work and work in progress. 6.2 Upon termination of this Agreement for events or reasons not the fault of Architect, Architect shall be paid at the rates specified in SCHEDULE 2 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Owner or Architect. In no event shall payment to Architect upon termination exceed the maximum fee and authorized reimbursable expenses provided for complete performance in paragraph 5.1 and SCHEDULE 2. 6.3 In the event termination of this Agreement or Architect's services is for breach of this Agreement by Architect, or for other fault of Architect including but not limited to any failure to timely proceed with work, or to pay its employees, subcontractors or consultants, or to perform services with that level of care and skill ordinarily exercised by professional Architects specializing in the design of parking facilities, or to perform work in a manner deemed satisfactory by Owner's Director of Public Works, then in that event, Architect's entire right to compensation shall be limited to the reasonable value of completed work to the Owner as determined by Owner's Director of Public Works for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 6.4 Architect's professional responsibility for his completed work and services shall survive any termination. SECTION 7. GENERAL PROVISIONS 7.1 Ownership of Documents All designs, Drawings, Specifications, technical data, and other documents or instruments procured or produced by the Architect in the performance of this Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Architect agrees that the Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data pertaining to the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or Specifications provided hereunder for another project independent from Project, without adaptation by Architect, Owner shall hold harmless and indemnify Architect from all loss, claims, injury and judgments arising from the use of such designs, Drawings or Specifications for such other project. 7.2 Insurance and Indemnity (a) Architect agrees that he has procured and will maintain during the term of this Agreement, such insurance as will protect him from claims under workers' compensation acts, -10- claims for damages because of bodily injury including personal injury, sickness or disease or death of any of his employees or of any person other than his employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Architect shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Four Hundred Thousand and No /100 Dollars ($400,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, Four Hundred Thousand and No /100 Dollars ($400,000.00) per occurrence for property damage, and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability. (iii) Professional Liability Insurance in amounts and form, and with a deductible, acceptable to Owner. (c) Architect agrees to hold harmless, defend and indemnify Owner from and against any liability to third parties, arising out of negligent acts, errors or omissions of Architect, his employees, subcontractors and consultants. 7.3 Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either the Owner or the Architect by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first -class postage prepaid, addressed to the Owner, Attention: Donald J. Saling, Department of Transportation, 350 S. Elizabeth, Pueblo, Colorado, or to the Architect at Hurtig, Gardner & Froelich Architects, Inc., Attention: Mr.Jim Gardner, 429 W. 10th Street, Pueblo, Colorado, 81003. Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 7.4 Entire Agreement This instrument contains the entire agreement between the Owner and the Architect respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either the Owner or the Architect in relation thereto not expressly set forth in this instrument is null and void. 7.5 Successors and Assigns This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors, and assigns; provided, however, that neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Architect may be assigned by him without the written consent of the Owner. -11- 7.6 Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written Amendment signed by an authorized representative of Architect and by Owner's Director of Transportation. 7.7 Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. 7.8 Equal Employment Opportunity In connection with the performance of this Agreement, Architect shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Architect shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. 7.9 Severability If any provision of this Agreement is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. 7.10 Appropriations Subject to execution of this Agreement by the Director of Finance certifying that a balance of appropriation exists and funds are available, the amount of money appropriated for this Agreement is equal to or in excess of the maximum compensation payable hereunder; provided, however, that if construction is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Architect shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. 7.11 Required Approvals This Agreement shall not be effective until approved by Owner's City Council, execution by the parties' representatives and approval by DOT. SECTION 8. DISPUTES 8.1 Any dispute or disagreement between Architect and Owner arising from or relating to this Agreement or Architect's services or right to payment hereunder shall be determined and decided by the Owner's Director of Public Works whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106, C.R.C.P. 8.2 Pending resolution of any dispute or disagreement, or judicial review, Architect shall proceed diligently with performance of his work under this Agreement. SECTION 9. APPENDICES 9.1 The following Appendices are attached to and made a part of this Agreement: -12- SCHEDULE 1- "Scope of Work" consisting of 16 pages. SCHEDULE 2- "Cost/Pricing Information" consisting of 2 pages. SCHEDULE 3 - "Implementation Schedule" IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO Architect: Hurtig, Gardner & Froelich Architects, Inc. By Preside of the City ouncil Attest: City Clerlb [SEAL B BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. Director of Vinance APPROVED AS TO FORM: City Attorn CACONTRFMSIENGR- CfR.WPD -13- SCHEDULE 1 SCHEDULE 1 DOWNTOWN PUEBLO TRANSIT CENTER SCOPE OF WORK The City of Pueblo is seeking a qualified Consultant team to provide professional design services, assist in public participation processes, complete drawings, obtain agency approvals and provide bid specifications to construct a transit center in the vicinity of 2nd Street and Court Street in downtown Pueblo, Colorado. Construction administration/inspection services will be required of the Consultant during the construction phase. PROJECT GOALS The primary goal of public transit service is to provide a high quality, secure transportation system that is accessible to the greatest number of people. This facility should enhance the efficiency and effectiveness of the transit system through the fulfillment of the following goals: • Provide the connections that transit patrons need to access destinations in the downtown area and to transfer between bus routes; • Incorporate strong urban design principles to link the project to the context of the downtown environment; • Responsiveness to the Pueblo climate through the use of intelligent site design, building typology and landscape features; and • The use of innovative features to reflect current alternative energy technology and information systems. This project requires that the Consultant be creative and innovative in the approach to design and problem solving. It should be noted that this Scope of Work is general in nature and Consultants are encouraged to suggest modifications. PROTECT DESCRIPTION The proposed project is the design and construction of a new, off - street transit transfer facility in downtown Pueblo. As shown in Figure I, the site is located in the central business district and is within several blocks of the municipal offices, senior center, arts center, El Pueblo Museum, municipal ice area and several redevelopment areas including the existing Union Avenue Historic District, the proposed Historic Arkansas River Project (HARP) and the proposed hotel/conference center. This site is zoned S -1 for governmental use and S -4 for parking lots and structures which is compatible with the proposed use of the site for a transit transfer facility. Adjacent uses include the municipal ice skating rink to the south, a municipal parking lot to the north, currently in the bid stage for a ground floor plus one level parking structure, and privately - owned commercial and industrial properties to the west and east. The site is bounded by two major arterials, two -way Grand Avenue on the west and one -way southbound Court Street on the east. These major roadway facilities serve the central business district and the downtown area of Pueblo. Court Street and Grand Avenue also serve as the major routes for the buses to access the existing transfer point. These streets will provide access to the proposed transit transfer center facility. ISSUES AND CONSIDERATIONS There are a number of issues to be considered. Throughout the design process which will be critical to the construction and successful operation of the facility. As shown in the site layout, the transit transfer center will be comprised of the on- and off - street bus spaces, an enclosed climate- controlled building to provide passenger services and waiting, and outdoor covered waiting areas and walks between buses. The proposed transit center can accommodate the current 10 buses for the transit routes, running 30- minute headway. This design also provides the opportunity to expand operations to accommodate up to 14 buses. As shown in Figure 2, buses traveling south on Court Street use the two bus berths on the west side of Court Street or enter the transit center at either the north (2nd Street) or south entrance. The primary access is the north entrance. Buses traveling on Grand Avenue will enter the transit center at the north (2nd Street) entrance. The north entrance (2nd Street) is sufficiently wide to accommodate travel in each direction as well as bus loading and staging, however, currently 2nd Street is one -way eastbound. The south entrance from Court Street is one -way westbound with bus berths only on the north and one through lane for buses and service vehicles for the municipal ice arena. Exits from the transit center are only on the north at Second Street. At the Second and Court Streets exit, buses turn right to proceed southbound only because Court Street is one -way. At the Second Street and Grand Avenue exit, buses may turn either left or right to proceed north or south on Grand Avenue. Drop - off/pick -up for taxi, airport limousine services, circulator bus or Citi -Lift service can be accommodated in unoccupied bus berths on Court Street or within the transit center site. The various functional elements of the transit center and the approximate size of the areas are presented in Table I. All features of the transit center will be accessible per the Americans with Disabilities Act (ADA) of 1990. Brick and glass may be used in the design of the transit center building to integrate its appearance with adjacent buildings. Streetscape elements such as pedestrian lighting, railings, benches, trash receptacles, and landscaping will be consistent with design standards identified for the adjacent downtown redevelopment projects. Although not a part of the transit center project, elements of adjacent proposed projects will be considered. This information provides a context for the transit center within the City's overall redevelopment plans for this area of Pueblo. Proposed projects include the redevelopment of First Street as Beckwourth Plaza, the enhancement of Grand Avenue as a tree -lined boulevard leading to City Hall, and the development of the surface parking area to the north as a 504 car parking garage. The proposed transit center project area as shown in Figure 2 is approximately 55,000 square feet in size. This site is currently owned by the City of Pueblo. Consequently, no land acquisition costs are anticipated for this project. Downtown Transit Center Site C r7l -=3L L;;�' I L W W 4THST P L F--E � 1 7-�170 0 1-1 W 3RO ST 9 P 0 ' Ll W 2NO ST EIL= FTTT T7�� F:1 W 1STsr a Li �ro wA ST LLJ N S� I A Art Center Future Transit Center Site Ice Arena Existing Transfer Point Hotel/Conference Center (proposed) El Pueblo Museum Senior Center City Hall FIGURE 1 *m 2 J in CIA leeils linoo ...... ...... ; /\ N ( . J 1, " C- :CD 0:5 of rn c. ca p- CL N 'I C- enueAV puej!q C O O 0 m FIGURE 2 0:5 enueAV puej!q C O O 0 m FIGURE 2 TABLE I TRANSIT CENTER ELEMENTS Transit Center Building Physical Space Requirement Waiting Area for 50 Passengers 4,930 square feet Tickets/Information 200 square feet Public Restrooms 410 square feet Driver Restroom 40 square feet Storage/Maintenance Area 675 square feet TOTAL INDOOR SPACE 6,255 square feet Outdoor Elements Covered Outdoor Waiting Area 7,920 square feet Sidewalks 7,572 square feet Passenger Pedestrian Shelter 3,400 square feet Vehicle Operations Elements On -Site Bus Bays accommodate 12 buses Off -Site Court Street Bus Bays accommodate 2 buses Other issues for consideration include the following: • Artistic design should be incorporated from the overall concept for the facility to specific details and finishes. However, art should be expressed as a design and functional element of the facility, not as a stand alone object. • Provide for the convenience and safety of arriving and departing patrons whether their mode of travel is walking, biking, or by bus. • Passenger security must be an important part of the development of all site components. • Establish convenient and safe traffic access and circulation patterns, within the area and how circulation affects the area. • The landscaping design shall show expected summer and winter shade areas, low maintenance and compatibility with transit buses and transit passengers. • The Consultant will create site amenities which are attractive, responsive to the downtown Pueblo environment, inexpensive to maintain/operate and with consideration for security throughout the facility to encourage its use. Site amenities at a minimum may include the following: • Passenger information and ticketing center • Schedule racks and kiosk route map area • Ticket dispenser • Passenger waiting and loading areas • Bus boarding berths • Operator and public restrooms • Public telephones and drinking fountains • Signage for vehicles, bus passengers, pedestrians and the general public • Pedestrian type lighting • Landscape areas • Area lighting • Public Address System • Area for ATM machine, soda machine, change machine • Security surveillance monitor • Clock • Particular attention should be paid to bus access, circulation and bus to transit/passenger operations. A minimum if 12 off - street and 2 on- street bus berths is desired. • Establish sensitive design compatibility with adjacent properties and the downtown in general. • Project the magnitude and duration of construction impacts. Recommend ways to minimize community disruption without unreasonably increasing construction costs. Present different options for the City to consider when bidding the project. PROTECT DELIVERABLES/REQUIREMENTS The project team will include City of Pueblo staff and Consultants project manager that will review progress at key decision points. The Transit Advisory Board for the Pueblo Transportation Company, PTC staff and key downtown group representatives may be included throughout the process. A minimum of two public meetings will be held to review the design documents, in addition to meetings to update downtown groups and City Council. Concept Design Submittals Consultants will be required to review, analyze and evaluate recently completed transit center conceptual design products that have been completed for the project. This includes but is not limited to the analysis of cost estimates, bus circulation patterns, pedestrian flow patterns and environmental work. Consultant will also be asked to review and verify site survey products completed by the City of Pueblo, Public Works Department. Preliminary Design Submittals • Based upon the approved plan further develop the project design and make appropriate modifications as approved by the City. Prepare for review and comment, drawings, color elevation of the project and other documents consistent with design development phase. • Criteria for a ranking system should be developed in collaboration with the City that aids in making design versus cost decisions. Initial development costs, and/or maintenance and operating should be included as part of the decision making process. • Value engineering comparisons will be conducted for all phases of the project. • Provide a preliminary cost estimate in sufficient detail to show the project is within budget and must also include preliminary operating cost estimates. The submittal must include the drainage report. Work is to be at a sufficient degree to describe the project as to civil, architectural, landscape architecture, structural, functional, mechanical and electrical systems, materials, and other elements. The submittal must show all site improvements and components. • Produce color presentation boards that show site improvements, design components, landscaping architectural finishes, scale and elevation of the project. Final Design/Bidding Phase Submittal • Based upon the approved preliminary design, the Consultant will prepare the final plans, specifications and documents necessary to bid and construct the facility. • After the City and other appropriate agencies review and approval is given, the Consultant will finalize the drawings and comments in preparation of the construction bidding process. The work will include the preparation of technical specifications and special requirements for the project. Provide a final detailed cost estimate. • Prior to the final design submittal, the Consultant shall perform an interdisciplinary design coordination review to verify adequacy of space and to ensure consistency of dimensions and completeness of work. • Prepare and submit to the City draft forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms, consultant shall consider and incorporate, to the extent both advisable and feasible, the City 's standard forms of agreement, warranty, payment and performance bonds, general conditions and selected specifications. • After review and comment by the city, prepare and submit final forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, and forms of warranty, together with any addenda which may be required or appropriate to correct errors, clarify drawings or specifications or advise of changes. One original reproducible copy and 12 useable copies of these final bid documents shall be furnished to the City. • Make recommendations to the City concerning the need for prequalification of equipment, vendors or bidders, and, if requested by the City, incorporate prequa lifi cation requirements in final bid and construction contact documents. • Attend a pre -bid conference with bidders to discuss project requirements and receive requests for clarification, if any, to be answered by consultant in writing to all plan holders. • Consult with and make recommendations to the City concerning: acceptability of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals ", amount of bids and any other matter involved in consideration and review of bids and bidders upon which the City may reasonably request consultants advice. Construction Phase The Consultant shall provide technical support and consultation up to and including the award of construction contracts. Construction administration/observation services will be required of the Consultant during the construction phase. This shall include the following: • Visit the project site, perform observations as to the progress and quality of the work and advise the City as to same. The frequency and level of observation shall be commensurate with the nature of the work and size of the project, except that any specific provisions set forth in Scope of Services concerning the level of observation shall determine consultant's obligation concerning level of observation. o Make determinations as to whether the work is proceeding in accordance and compliance with the construction contract documents. o Promptly advise the City in writing of any omissions, substitutions, defects or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the project. • Reject any work on the project that does not conform to the contract documents. • On request of the City, the construction contractor or any subcontractor on the project, issue written interpretations as to the drawings and specifications and requirements of the construction work. e Review shop drawings, samples, product data and other submittals of the contractor for conformance with the design concept of project and compliance with drawings, specifications and other contract documents, and indicate to contractor and the City with respect thereto, any exceptions noted, or modification or resubmittals required. • Review all applications of contractor for payment and in connection with same, issue certificates for payment to the City for such amounts as are properly payable under the terms of the construction contract. Each such certificate shall constitute consultant representation to the City that he has visited and reviewed the project and that to the best of his knowledge, the work for which payment has been sought has been completed by contractor in accordance with the drawings, specifications and other contract documents. • Subject to written concurrence by the City, promptly render a written recommendation to the City concerning all proposed substitutions of material and equipment. • Draft, for City's consideration, and offer recommendations upon, all proposed change orders and contract modifications. • On application for final payment by the Contractor, make a final inspection of the project, assembling and delivering to the City any written guaranties, instruction manuals, record drawings based on information provided by the contractor, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the project. • The consultant shall, if and to the extent so provided in the construction contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the City and contractor, the consultant shall promptly make written interpretations of the contract documents and render written decisions on all claims, disputes and other matters relating to the execution or progress of the work on the project. The interpretations and decisions of the consultant shall be final and binding on the contractor and City, unless the Director of Transportation of the City shall, within seven calendar days after receipt of the consultant's interpretation or decision, file his written objections thereto with the consultant and contractor. Consultant shall not be liable for results of interpretations or decisions so rendered in good faith. Project Schedule The downtown transit center is expected to open for operation on January 1, 1997. As part of the Consultant contract, a detailed project schedule through design and construction will be updated monthly with notations of events impacting the project schedule. General Requirements Notwithstanding other issues or requirements set forth herein, the Consultant shall be responsible for the design of a transit center which is in the best interest of the City of Pueblo Department of Transportation, commuters, pedestrians and the community. While a number of issues are identified herein, it is the Consultant's responsibility to identify and resolve those issues and/or problems that may impact the facility's optimum design and/or use. The City of Pueblo is highly committed to value engineering. Project Management The Consultant will work at the direction of the City of Pueblo, Department of Transportation Project Manager to ensure timely completion of design activities, intergovernmental coordination and reviews. Other project management responsibilities shall include, but are not necessarily limited to, the following: • Progress Reports The Consultant will be responsible for documenting work progress, all meetings, decisions affecting design solutions, and project schedules. Monthly work progress reports shall include work completed for invoicing substantiation purposes, a brief summary of work to be done in the next 30 day period and a current project schedule showing and explaining any deviation from the approved project timetable. • Progress Meetings The Consultant is expected to meet, on an as- needed basis to review progress on the project. • Coordination with Affected Agencies and Utilities The Consultant will be responsible for coordinating all phases of the work with staff from local agencies and utility companies, and shall document meetings and conversations. Such documentation (handwritten is acceptable) shall be forwarded to the Project Manager. • At a minimum, coordination with affected agencies will include determining all applicable building code and design requirements, including ADA and others, for receiving project approvals and permits. Competitiveness in Design • In the performance of this work, the Consultant shall, to the extent practicable, provide for maximum use of materials, products, construction methods, structures, machines and equipment wl are readily available through competitive procurement, or through standard or proven production methods. • The Consultant shall not produce a design or specification which requires the use of sole source unless the Consultant has, to the satisfaction of the City, justified the use of a sole source in writing. • The resulting project design shall not be restrictive or written in such a manner as to contain proprietary, exclusionary, or discriminatory requirements other than those based upon performance, unless such requirements are necessary to test or demonstrate a specific thing, or to provide for necessary interchangeability of parts and equipment. When one or more brand names or trade name of comparable quality or utility are listed, they must be followed by "or approved equal." If the Consultant desires to specify a single material, it must be substantiated in writing and receive City approval. • The Consultant must disclose to the City and departures from the requirements described herein. Communication and Relationships • It is the role and responsibility of the Consultant to establish and maintain effective cooperative work relationships, and deal tactfully with, City, public agencies, potentially affected interests, property owners, the general public, elected officials and staff from other agencies. • The Consultant shall clearly communicate project goals, technical findings and design solutions to a variety of audiences when directed by the City. • For selected public involvement, the Consultant must be able and willing to prepare architectural/planning type renderings of the project that communicate the scale and features of the project, and how the project relates to its environment as directed by the City. Plans, Specifications and Estimate Preparation The Consultant shall prepare complete plans, specifications and cost estimates which will result in a complete construction package for the city. The construction plans and documents will conform to the requirements of all applicable local, state and national codes and standards in their latest applicable edition, amendment and revision. The project design must comply with the Americans with Disabilities Act. Facility Maintenance and Operations The Consultant will be responsible for an estimate of facility maintenance and operations costs based upon the approved design and selected materials, finishes, furnishings, landscaping, and site improvements. The yearly plan will cover a five year period. Also and 10 year summary will highlight major maintenance items. Insurance Requirements The Consultant shall secure and maintain during the life of this contract, insurance coverage on an occurrence basis to.include Worker's Compensation, Employer's Liability, General Liability (including Contractual Liability coverage) and Automobile Liability. The General Liability shall be no less than $1,000,000. The minimum amounts of coverage for the Consultant's Professional Liability shall be $1,000,000 per claim, on a claims -made basis, with an annual aggregate of no less than $1,000.000. SCHEDULE 2 SCHEDULE 2 COST /PRICING INFORMATION Downtown Transit Center B.1. ESTIMATED LABOR HOURS & ACTUAL LABOR RATE BY DISCIPLINE Discipline Est. Labor Hrs. Actual Labor Rate Totals Principal Architect 935 $54.53/Hr. $50,985.55 Project Architect 0 $47.42/Hr. $0.00 Staff Architect 0 $40.13 /Hr. $0.00 Interior Designer 30 $35.92/Hr. $1,077.60 Draftsperson 370 $29.18/Hr. $10,796.60 Clerical 105 $14.57/Hr. $1,529.85 SUBTOTAL 1440 $64,389.60 B.2. OVERHEAD & PROFIT RATE Overhead rate = 25 % x $64,390 = $16,000.00 Profit rate = 10% x (64390 + 16000) = 8.000.00 SUBTOTAL OH & P $24,000.00 B.3. DIRECT COSTS a) Reproduction: (Only charge for Bid Documents Project Manuals and Plans in excess of 30 sets) Plans: Big Sheets - $1.25 /sheet over 30 sets Project Manuals:.07 /page over 30 sets Mileage: None (included in Basic Fee contract amount) Phone, Meals, Sketches, Renderings: None (included in Basic Fee contract amount) b) Consultants (Estimated) Civil /Structural $ 13,000.00 HVAC /Plumbing $ 4,000.00 Electrical $ 3,000.00 Specialty (security, traffic, graphic site) $ 2.000.00 SUBTOTAL $ 22,000.00 B.4. PROPOSED SUBCONTRACTOR INFORMATION Consultants have been selected on the basis of experience in successfully completing project needs matched to their past experience and fit with the current project team. Abel Engineering - Civil & Structural Kohnert Engineering - Electrical Systems Engineering - Mechanical Security and Traffic as necessary B.S. TOTAL ESTIMATED CONTRACT AMOUNT (Basic Fee) The total estimated Contract Amount (Basic Fee) for architectural services as described on RFQ pages 10 through 18 for the proposed scope of work and deliverables is $110,390. C.I. BANKS & FINANCIAL INSTITUTIONS WITH WHOM HGF CONDUCTS BUSINESS Pueblo Bank & Trust Dain Bosworth 5th & Main 601 N. Main Pueblo, Colorado Pueblo, Colorado Decibel Credit Union 300 W. 5th Street Pueblo, Colorado C.2. LETTER OF CREDIT COMMITMENTS Not Applicable SCHEDULE 3 SCHEDULE 3 IMPLEMENTATION PROJECT MILESTONE SCHEDULE DOWNTOWN TRANSIT CENTER PROJECT Estimated Milestone Description Completion Date Request for Qualifications Architectural & Engineering Services Nov. 03, 1995 Contract Awarded for Architectural & Engineering Services Dec. 11, 1995 Preliminary Design (Schematic Design) Feb. 19, 1996 Design Development Mar. 19, 1996 Final Design Jun. 20, 1996 Construction Bidding Aug. 15, 1996 Construction Sep. 05, 1996 Transit Center Grand Opening Mar. 05, 1997 Actual Completion Date Nov. 03, 1995 Dec. 27, 1995 Contract Complete Apr. 05, 1997 ATTACHMENTS ATTACHMENT A CERTIFICATION REGARDING INELIGIBLE CONTRACTOR LIST ATTACHMENT A CERTIFICATION REGARDING INELIGIBLE CONTRACTOR'S LISTS The cr- , H\Co A C C N. \ ec�a ,Zrc� hereby certifies that it IS NOT included on the U.S. Comptroller General's Consolidated List of persons or firms currently debarred for violations of various public contracts incorporating Labor Standards Provisions. Signatu Name: Title: ?2&j"urL6' 02r I6UG Date: 2 S l �IL ATTACHMENT B TITLE 'VI ASSURANCE ATTACHMENT B TITLE VI ASSURANCE During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor ") agrees as follows: 1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the City of Pueblo Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter, referred to as the "Regulations "), which are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements for materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Transit Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the City, or the Federal Transit Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Title VI Assurance -- Continued 5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the City shall impose contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited to: a) withholding of payments to the contractor under the contract until the contractor complies; and /or b) cancellation, termination, or suspension of the contract, in whole or in part. 6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issue pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the City or the Federal Transit Administration may direct as a means of enforced such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interests of the City, and, in addition, the contractor may request the United States to enter into such litigations to protect the interests of the United States. Company presentative Date ATTACHMENT C CERTIFICATION REGARDING DEBARMENT AND SUSPENSION ATTACHMENT C CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The /1J 4f aM I Or, certifies to the best of its knowledge and belief, that it an its principles: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4) Have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRAC7), _ , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEO. ARE APPLICABLE THERETO. g and Title of Authorized Official The undersi ned chief legal counsel for the (�G F)~ 0-44 1Ti.d lS TN'4 hereby certifies that the fJ,,-F Ayd h I C"(S T A/0 - has authority under State and Local Law to comply with the subject assurances and that the certification above has been legally made. Signature of plican s Attorney I- 30� Date ATTACHMENT D CERTIFICATION OF DISCLOSURE OF FEDERAL LOBBYING ACTIVITIES ATTACHMENT D CONTRACTOR CERTIFICATION OF DISCLOSURE OF FEDERAL LOBBYING ACTIVITIES This is to certify that to the best of my knowledge and belief, the following is accurate, complete, and current as of 2/ 5/ G (n Date 1) "No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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." 2) "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 of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions." (a copy of this form is available upon request.) 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all. tiers including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. This certification is a material representative 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 unposed 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. Company presentative ATTACHMENT E CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE FEDERAL TRANSACTIONS ATTACHMENT E CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that: 1) No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and, 3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract award in excess of $100,000 shall certify and disclose accordingly. Name of Firm . //VAS 1,4 C , CS 2' Name and Title of Officer of Firm ture of Officer of Firm Date