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HomeMy WebLinkAboutAG-S-110 Provider Invoices - Valbridge Property AdvisorsCITY OF AUBURN AGREEMENT FOR SERVICES AG -S-110 THIS AGREEMENT made and entered into on this day of 2019, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Valbridge Property Advisors, whose address is 419 Berkeley Avenue, Suite A, Fircrest, WA 98466, hereinafter referred to as the "Provider." RECITALS: 1. The City is in,need of the services of individuals, employees or firms for appraisals and appraisal reviews required to support City projects. 2. The City wants to hire the Provider to provide these services in connection with the City's work. 3. The Provider is qualified and able to provide services in connection with the City's needs for this work, and is willing and agreeable to provide the services on the terms and conditions in this Agreement. AGREEMENT: In consideration of the mutual promises contained in this Agreement, the parties agree as follows: Scope of Services The Provider, on a project basis, will be given individual task assignments (see Exhibit A, Sample Task Assignment) for work related to appraisals or appraisal reviews required to support City projects. These task assignments will describe the ;work to be completed, completion dates, and compensation amount. An approved task assignment shall be required between Provider and the City prior to commencing any work for any individual task. 2. Additional Services If additional services with respect to related work are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, the parties will amend this Agreement before the Provider performs the additional services. However, Provider agrees that it shall perform additional services on the written request of an authorized representative of the City pending execution of an Amendment. AG -S-110 ENG -230, Revised 12/18 Page 1 of 11 3. Provider's Representations The Provider represents and warrants that it has all necessary licenses and certifications to perform the services provided for in this Agreement, and is qualified to perform those services. 4. City's Responsibilities The City shall do the following in a timely manner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Provider to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Provider and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to the City. 7. Compensation The Provider shall be paid by the City for completed services rendered under each approved individual task assignment. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. The Provider shall submit an itemized bill to the City prior to payment. The Provider shall be paid by the City based upon the fees included on each individual approved task assignment. These fees will be "not to exceed", lump sum figures per Task Assignment issued. Compensation shall include all Provider expenses including, but not limited to, overhead, profit and direct non -salary costs and shall not exceed that amount shown on each approved individual task assignment for appraisal or appraisal review services under this contract. The total compensation for this Agreement is not to exceed $35,000. 8. Time for Performance and Term of Agreement The Provider shall not begin any work under this Agreement until authorized in writing by the City. The Provider shall perform the services in accordance with the direction and scheduling as provided on the individual task assignments, unless otherwise agreed to in writing by the parties. All work under this Agreement shall be completed by December 31, 2019. AG -S-110 ENG -230, Revised 12/18 Page 2 of 11 The Provider warrants that all appraisals will be completed and submitted to the City within 30 calendar days of the associated task order being executed and appraisal reviews will be completed and submitted to the City within 10 calendar days of the associated task order being executed. The established completion time shall not be extended because of any delays attributable to the Provider, but may be extended by the City in the event of a delay attributable to the City, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the Provider. A prior supplemental Agreement issued by the City is required to extend the established completion time. 9. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement This Agreement shall be administered by , on behalf of the; Provider, and by the Mayor of the City, or designee, .on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Ryan L Vondrak Capital & Const Engineering Manager 25 West Main Street Auburn, WA 98001-4998 Phone: 253-931-3086 E-mail: rvondrak@auburnwa.gov AG -S-110 ENG -230, Revised 12/18 Page 3 of 11 Valbridge Property Advisors Darin Shedd Senior Managing Director 419 Berkeley Avenue, Suite A Fircrest, WA 98466 Phone: 253-274-0099 ext 1 E-mail: dshedd@valbridge.com 13. Notices All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notice in writing to the other party. 14. Insurance The Provider shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Provider, or the Provider's agents, representatives, employees, or subcontractors. Provider's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Provider to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Service Provider shall obtain insurance of the types described below: a. Automobile Liability insurance, covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. Provider shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Provider's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products -completed operations aggregate limit. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. AG -S-110 ENG -230, Revised 12/18 Page 4 of 11 The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobileliability and Commercial General Liability insurance: a. The Provider's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Provider's insurance and shall not contribute with it. b. The Provider shall provide the Public Entity and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. Provider shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Provider before commencement of the work. The City reserves the right to require that complete, certified copies of all required insurance policies be submitted to the City at any time. The City will pay no progress payments under Section 7 until the Provider has fully complied with this section. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Public Entity may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Public Entity on demand, or at the sole discretion of the Public Entity, offset against funds due the Contractor from the Public Entity. 15. Indemnification/Hold Harmless The Provider shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. AG -S-110 ENG -230, Revised 12/18 Page 5 of 11 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability hereunder shall be only to the extent of the Provider's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 16. Assignment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Nondiscrimination The Provider may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 18. Amendment, Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 19. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. AG -S-110 ENG -230, Revised 12/18 Page 6 of 11 If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 20. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub -contractors and their sureties. 21. Costs to Prevailina Pa In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 22. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 23. Captions, Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 24. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 25. Entire Agreement This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. AG -S-110 ENG -230, Revised 12/18 Page 7 of 11 26. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. City of Auburn Approved as to form- A41 Steve Gross, City Attorney AG -S-110 ENG -230, Revised 12/18 Page 8 of 11 'Valbridge Property Advisors e--- — �/_ Signature Name: D7, e(L-%, st"'t') Title:c,t�i�°E Signature Name: Title: Federal Tax ID No: EXHIBIT A TASK ASSIGNMENT AGREEMENT #: AG -S-110 TASK #: AGS 110-001 PROVIDER: PROJECT #/Name: The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Maximum Amount Payable per this Task Assignment: $ Completion Date: Scope of Work: Approvals Provider Project Manager: Signature: City Project Manager: Signature: City Mayor, if Task Assignment is over $5,000: Signature: Date: Date: Date: Note: If this task assignment is over $25,000 then it must go before the appropriate Committee and City Council for approval prior to the Mayor's signature. AG -S-110 ENG -230, Revised 12/18 Page 9 of 11 EXHIBIT A continued PROVIDER INVOICES PROVIDER invoices should contain the following information: • On PROVIDER letterhead and signed by PROVIDER project manager. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment # 2). • Invoice date. • Period of time invoice covers. • Provider Agreement # (i.e.: AG -S-110). • Project number(s) listed (i.e.: CP1201). • CITY'S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non -salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subproviders), indirect non -salary (overhead). The CITY does not pay for PROVIDER meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice • Previous and remaining base contract amounts left in each task and total contract — total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Invoices for previous year are due by January 1501. AG -S-110 ENG -230, Revised 12118 Page 10 of 11 EXHIBIT A continued SAMPLE INVOICE City of Auburn 25 West Main Auburn WA 98001 Attn: Scott Jones (Project Engineer) Agency Agreement #: AG -S-110 Invoice #: 5222 Progress Payment #: 2 Invoice Date: February 10, 2019 Project Name: Thomas Nelson Farm Project #: CP1201 Engineering Services performed during the period of: January 2019 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Provider Personnel Subtotal 1,000.00 Moving Company, Moving Provider $ 749.00 Expenses see attached documentation Charges Multiplier Amount Amount Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 Provider Expenses Subtotal 1,000.00 Moving Company, Moving Provider $ 72.49 Provider Total: SUB PROVIDERS (see attached documentation) $ 821.49 Subprovider Hours Hourly Rate Amount ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 25% 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Moving Company, Moving Provider 2 $ 50.00 $ 1,025.00 100.00 Subprovider Subtotal 1 1 1 $ 19,793.51 $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subprovider Total: TOTAL DUE THIS INVOICE CONTRACT BREAKDOWN $ 2,860,00 $ 3,681.49 Task Amount Authorized Prior Invoiced This Invoice Total Invoiced To Date % Expended % Completed Amount Remaining Original Contract $22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 1 40% 1 45% 1 1,500.00 TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 1 1 1 $ 19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. AG -S-110 ENG -230, Revised 12/18 Page 11 of 11 TASK ASSIGNMENT FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT NO: AG -.5-11 0 TASK NO: AGS II® T001 CONSULTANT: Bruce C. Allen & Associates, Inc, dba Valbridge Property Advisors Puget Sound PROJECT NO/DESCRIPTION: MS1811: Auburn Airport Runway Extension The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: 101 15`h St NE, Auburn WA, 98002 Maximum Amount Payable per this Task Assignment: $5,800.00 Completion Date: Four Weeks after the Notice to Proceed is issued Scope of Work: See Exhibit A and Exhibit B, which are attached hereto and by this reference made part of this Agreement. Approvals: Consultant Project Manager: Signature: Date: 2,h 11 City Project Manager: Signature: ENG -186, Revised 11/17 Page 1 of 9 Date: 2 17,-? 11 q Exhibit "A" — Scope of Work The Provider, hereinafter referred to as the Appraiser, shall prepare an appraisal for the following property per the indicated delivery date and cost: Parcel Tax Owner(s) Type Cost Delivery Date Address Parcel# 1.01 15th St A portion of King Four weeks after the NE, Auburn 000080- 0021 (see County - Commercial $5,800 Notice to Proceed is WA, 98002 Exhibit A) Transit issued 1 1 a NORTH LINE OF THE SOUTH IN OF JOSEPH SRANNAN D.L.0 NO -M 3 SWO72R"e.10788o'-__-_---_ 3 1 girl TRUE POINT OF BEGINNING i p ( 11 SE9"04`44'E ' `.j,—N89"£id'44'VJ`� 1 I }}z-�I 246.11 w d i N89 �D°A9°vH_ a Nss-zDcn �, �; 130.42'O8'E 13D.A2 ` S39°3O'O4 c 98D.32' (BAS13 OF SEAP NC>) �-' 157H ST. NE. I f 1 earamerrix c--*.. x;r mt..A�- - CITY OF AUBURN - KING COUNTY METRO B.L.A. KING COUNTY METRO PARCEL TO BE CONVEYED ° N = TO AUBURN MUNICIPAL AIRPORT SCALE IN FEET Figure 1: Portion of Property to be Acquired The Appraiser shall give careful consideration to the following items while preparing the appraisal: The appraisal will determine the fair market value to acquire that portion of said parcel listed in the above table and shown in "Figure 1 "above. ENG -186, Revised 11/17 Page 2 of 9 2. The appraisal shall consider existing easements and any future easements, maintenance agreements, and utility severance work associated with the intended acquisition. The City will work with the Appraiser to make sure they have the information needed to account for these factors. 3. The appraisal will be used to acquire property for airport construction. Rigid compliance with the following items is required: a. Guidelines covering the FAA appraisal standards as stated in the AC 150/5100-17 - Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects dated 7/10/2017, or latest version. b. It is a requirement of the above -stated manual that the Appraiser gives the property owner the opportunity to inspect the subject property with the Appraiser. If contact cannot be made by telephone, the Appraiser shall send a certified letter explaining the need for the inspection and inviting the owner to join in the inspection. c. The Review Appraiser may request necessary corrections to an appraisal. The Appraiser shall consider these requests and make the appropriate corrections to the appraisal reports. This is part of the normal appraisal process and must be finished, before the appraisal is considered complete. The Appraiser shall invite the Review Appraiser to the joint site inspection. 4. Four bound copies of each appraisal are required. The Appraiser shall also provide a copy of the appraisal in electronic (pdf) format. 5. The Appraiser shall provide related outside specialty reports as needed (landscape, signs, fixture estimators, etc.). A Personalty -Realty Report is required pursuant to federal and state guidelines. 6. The Appraiser shall work with the Review Appraiser on a proactive basis to fully develop the appraisal assignment and participate in on-going interactive discussions that will result in an appraisal work product acceptable to review. 7. The Appraiser report will be presented on a FAA Form 5100-111. 8. The appraisal is to be used by the City for acquisition purposes. The documentation that is normally adequate to support value alone may not be adequate to complete this appraisal. The Appraiser shall provide adequate documentation in the report to show that all elements that may be of concern to the owner, the reviewer, and the City of Auburn have been considered. ENG -186, Revised 11/17 Page 3 of 9 Exhibit "B" — Federal Contract Provisions All references made herein to "contractor", "bidder", and "offeror" shall pertain to the Provider. All references made herein to "subcontractor" shall pertain to any and all subconsultants under contract with the Provider. All references made herein to "sponsor" shall pertain to the CITY. ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. GENERAL CIVIL RIGHTS PROVISIONS The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS 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 (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will 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 will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and ENG -186, Revised 11117 Page 4 of 9 Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 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 of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. ENG -186, Revised 11/17 Page 5 of 9 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination ENG -186, Revised 11/17 Page 6 of 9 includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); ® Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U_S.C. 1681 et seq ). DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contractor receives from CITY. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY. This clause applies to both DBE and non -DBE subcontractors. ENERGY CONSERVATION REQUIREMENTS Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq). FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The CONSULTANT has full responsibility to monitor compliance to the referenced statute or regulation. The CONSULTANT must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division ENG -186, Revised 11/17 Page 7 of 9 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor - ENG -186, Revised 11/17 Page 8 of 9 (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T_R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. ENG -186, Revised 11/17 Page 9 of 9