23-073.00 Yellowstone Pipe Line: Pines / BNSF GSP 23- S
Utility Preliminary Engineering Utility Name&Address
Yellowstone Pipe Line Company
Agreement 2331 Citywest Blvd, Houston, TX 77042
Work by Utility — Local Agency
Cost
Agreement Number Region Control Section Project Title/Location
UT Pines Road/BNSF Grade Separation Project,
State Route Number Mileposts
SR 27 From to
Estimated Agreement Amount
$ 74,463
This Utility Preliminary Engineering Agreement(Agreement) is entered into between the City of Spokane
Valley(LOCAL AGENCY) and the above named "UTILITY," individually the "Party" and collectively the
"Parties."
Recitals
1. LOCAL AGENCY is planning the construction or improvement of State Route as shown above for the
listed LOCAL AGENCY project, and in connection therewith, it is necessary to remove, relocate or
construct certain UTILITY facilities.
2. LOCAL AGENCY is responsible for the cost of the preliminary engineering for the UTILITY's facilities
that are located on private property owned and operated by the BNSF Railway pursuant to a series of
agreements with BNSF documenting ownership of and/or interest in real property, such as an easement,
fee title, or court finding of prescriptive right, which is impacted by LOCAL AGENCY's project, but
LOCAL AGENCY is not responsible for preliminary engineering costs associated with facility betterments
or costs required as a result of any BNSF project.
3. It is deemed to be in the best public interest for the UTILITY to develop the preliminary engineering,
including the preparation of plans, specifications and cost estimate, herein the "Work," for the
removal, relocation or construction of the UTILITY's facilities as part of LOCAL AGENCY's project.
4. LOCAL AGENCY and the UTILITY intend to enter into a UTILITY Construction Agreement to
cover the actual construction, relocation, and/or removal of the UTILITY's facilities.
Now, Therefore, in consideration of the terms, conditions, covenants, and performances contained herein, as
well as the attached Exhibits which are incorporated and made a part hereof,
It Is Mutually Agreed As Follows:
1. Plans, Specifications, and Cost Estimates
1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects shall determine
and establish the definitions and applicable standards and payments under this Agreement. By this
reference this document is adopted and made a part of this Agreement as if fully contained herein.
1.2 Betterment:A betterment is any improvement to the UTILITY's facilities not required by code, regulation,
standard industry practice, or any other applicable regulation. If any of the Work constitutes a
betterment as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid
Highway Projects, the UTILITY is solely responsible for the preliminary engineering costs of such
improvement.
1.3 The UTILITY agrees to perform the preliminary engineering, including the preparation of plans,
specifications and cost estimates (PS&E), herein the "Work," for the removal, relocation, and/or
construction of the UTILITY's facilities impacted by LOCAL AGENCY's project. Should the Work include
betterments to the facilities, the UTILITY shall identify such betterments for LOCAL AGENCY review.
1.4 The UTILITY agrees to provide LOCAL AGENCY a copy of its PS&E, including the identification of
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betterments, if
any. LOCAL AGENCY will review for acceptance of the PS&E to ensure that it complies with LOCAL
AGENCY, state, and federal requirements and standards prior to incorporating it into LOCAL AGENCY
project plans.
1.5 If the UTILITY is not adequately staffed or equipped to perform all of the Work required herein, the
UTILITY may have all or part of the Work performed by consultant(s) under a contract let by the
UTILITY or have the Work performed under an ongoing contract with a UTILITY consultant. UTILITY
consultant(s) shall be in good standing with LOCAL AGENCY, and the UTILITY shall provide to LOCAL
AGENCY for LOCAL AGENCY review a cost estimate for the Work to be performed by the UTILITY's
consultant(s).
1.6 The Utility agrees to schedule and perform the Work in such manner as not to delay or interfere with
LOCAL AGENCY's contractor in the performance of LOCAL AGENCY's project. The Utility shall be
responsible for any costs resulting from delay of, or interference with, LOCAL AGENCY's project
contractor, to the extent the delay or interference is attributable to the Utility or the Utility's contractor.
2. Payment
2.1 The LOCAL AGENCY is responsible for the cost of the Work, excluding all betterment work, for the
UTILITY's facilities that are located pursuant to a documented ownership interest in real property, such
as an easement, fee title, or court finding of prescriptive right, which are impacted by LOCAL AGENCY
project, as shown in Exhibit A, but LOCAL AGENCY is not responsible for preliminary engineering costs
required as a result of any BNSF project.. Exhibit A contains an itemized cost estimate of LOCAL
AGENCY-responsible costs for the Work to be performed by the UTILITY.
2.2 The LOCAL AGENCY, in consideration of the faithful performance of the Work to be done by the
UTILITY, agrees to reimburse the UTILITY for the actual direct and related indirect cost of the Work,
excluding all betterment work, for which LOCAL AGENCY is responsible as defined in Exhibits A. The
UTILITY agrees to invoice LOCAL AGENCY and provide supporting documentation for all charges, and
LOCAL AGENCY agrees to pay the UTILITY within thirty (30) days of receipt of an accepted invoice.
Payments shall not be more frequent than one per month. A partial payment will not constitute
agreement as to the appropriateness of any item and that, at the time of final invoice, the Parties will
resolve any discrepancies.
2.3 The UTILITY shall submit a final billing to the LOCAL AGENCY within six months following completion of
the Work.
3. Change in Work or Cost Increase
3.1 Should it be necessary to modify the Scope of Work, the UTILITY agrees to immediately notify the
LOCAL AGENCY of all proposed changes, and the LOCAL AGENCY agrees to provide written notice of
its acceptance or rejection of the change(s), in writing, within thirty(30)working days.
4. Right of Entry
4.1 Subject to the UTILITY obtaining all required permits and meeting any other requirements for Work
conducted within the publicly owned right of way, the LOCAL AGENCY hereby grants to the UTILITY a
right of entry onto all lands in which LOCAL AGENCY has an interest for the purpose of performing the
Work. Upon completion and acceptance of the Work, this right of entry shall terminate except as
otherwise provided in Section 5.6.
4.2 The UTILITY agrees to obtain rights of entry, if needed, upon all privately owned lands necessary to
perform the Work. The UTILITY also agrees to obtain all necessary permissions for LOCAL AGENCY to
enter upon such lands, if required, for the duration of this Agreement. The UTILITY agrees to provide the
rights of entry and applicable permissions to LOCAL AGENCY within sixty (60) calendar days of entering
into this Agreement. Upon completion of the Work on such lands, the rights of entry and permissions
shall terminate, except as otherwise provided in Section 5.6.
5. General Provisions
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5.1 Indemnification: UTILITY shall, at its sole expense, defend, indemnify, and hold harmless City and its
officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's
fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising
out of the wrongful or negligent acts, errors, or omissions in the services provided by UTILITY, UTILITY's
agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject
only to the limitations provided below. However, 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 UTILITY and the City, its officers, officials, employees, and volunteers, the UTILITY's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the UTILITY's negligence.
It is further specifically and expressly understood that the indemnification provided herein constitutes the
UTILITY's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose 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.
5.2 Applicable Laws and Standards. UTILITY agrees to comply with all applicable laws, federal requirements
including but not limited to Build America, Buy America (BABAA), Title VI of the Civil Rights Act per
Exhibit B, and all other federal/state requirements implicated by the LOCAL AGENCY's funding source,
and environmental requirements of any jurisdictional agency and is responsible for obtaining any
necessary environmental permits required in order to perform the Work.
5.3 Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered
Transactions.
A. By executing this Agreement, the UTILITY certifies to the best of its knowledge and belief that
it and its principals, and all consultants, contractors, subcontractors, and subcontractors
performing work pursuant to this Agreement for the UTILITY:
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 judgment 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
(A)(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.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this Agreement.
5.4 Disputes: If a dispute occurs between the UTILITY and LOCAL AGENCY at any time during the
performance of the Work pursuant to this Agreement, the Parties agree to negotiate at the management
level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution; the Parties
agree to enter into arbitration and/or mediation before proceeding to any other legal remedy. The Parties
agree to equally share in the cost of a mediator or arbiter.
5.5 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall
be brought in the superior court situated in Spokane County, Washington unless filing in another county
is required under any provision of the Revised Code of Washington. The prevailing party in any litigation
or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation
(including expert witness fees).
5.6 Termination: The UTILITY understands that the LOCAL AGENCY retains the right to terminate this
Agreement for convenience upon thirty (30) calendar days written notice to the UTILITY. In the event
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that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the
UTILITY for all allowable costs under this Agreement incurred prior to the date of termination, including
the costs of materials procured for use in the project through the date of termination, unless the UTILITY
determines, in its discretion, that said materials can be deployed to other projects. Further, in the event
funding for the Work is withdrawn, reduced, or limited in any way after the execution of this Agreement
and prior to normal completion, LOCAL AGENCY may terminate the Agreement upon less than the thirty
(30) calendar day notice requirement, subject to renegotiation at LOCAL AGENCY's sole option
pursuant to the revised funding limitations and conditions.
5.7 Amendments. This Agreement may be amended by the mutual agreement of the Parties. Such
amendments or modifications shall not be binding unless put in writing and signed by persons authorized
to bind each of the Parties.
5.8 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and
the employees of each Party and any of its contractors, subcontractors, consultants, and the employees
thereof, shall not in any manner be deemed to be the employees of the other Party.
5.9 Audit and Records: During the progress of the Work and for a period of not less than six (6)years from
the date of final payment, the UTILITY shall maintain the records and accounts pertaining to the Work and shall
make them available during normal business hours and as often as necessary, for inspection and audit by the
State of Washington, and/or Federal Government and copies of all records, accounts, documents or other data
pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies
produced. If any litigation, claim or audit is commenced, the records and accounts along with supporting
documentation shall be retained until any litigation, claim or audit finding has been resolved even though such
litigation, claim or audit continues past the six-year retention period.
5.10 Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by
UTILITY under this Agreement are and shall be the property of LOCAL AGENCY, and may be subject to
disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic,
mapped, photographic, or visual documents prepared by UTILITY under this Agreement shall, unless
otherwise provided, be deemed the property of LOCAL AGENCY. LOCAL AGENCY shall be permitted to
retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars
of maps, and copies in the form of computer files, for the LOCAL AGENCY's use. LOCAL AGENCY shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data,
drawings, images, or other material prepared under this Agreement, provided that UTILITY shall have no
liability for the use of UTILITY's work product outside of the scope of its intended purpose.
5.11 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050.
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In Witness Whereof, the Parties hereto have executed this Agreement as of the Party's date last signed below.
City of Spokane Valley
Utility
Signature: c=z:g.n..,t,Yf.dlD e—2a77Wa-- Signature:
By: 86,r1i4i 7 .! - 8/lvo 1es By: LW J . LAAA'J
Print Name Print Name
Title: /1 7"To K N e Y - 2'N- F c.y' Title: ACT t 1J&/ Cl ty
Date: 1'►' l4Iez N 51 Zo Z 3 Date: It `& r t" 1° /JA5
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Exhibit A
Itemized Cost Estimate
Amount Item Description
$ 47,000 Pioneer Technical Services, Inc.
$ 6,000 P66 Travel Costs
$ 53,000 Subtotal
$ 11,750 25% Pioneer Technical Services, Inc. Contingency
$ 64,750 Subtotal
$ 9,713 15% Overhead
$ 74,463 Estimated Total
APZO.D\ifflh°
rere5W/CAL.f691W27.1'ire
October 14,2022
Ms. Giselle Krebs
Phillips 66
Operations Engineer
Rockies Region—Midstream
2626 Lilian Avenue
Billings,Montana 59101
Re: YPO1 MP 1.3—Spokane Valley, WA Horizontal Directional Drilling (HDD) Project
Dear Mr. Shaw,
Thank you for requesting a proposal for professional services from Pioneer Technical Services,
Inc. (Pioneer)for Phillips 66's YPO1 MP 1.3 HDD project, located in Spokane Valley,
Washington. We understand Phillips 66 is planning a new HDD project for the proposed City of
Spokane N. Pines Road Underpass project. The new HDD pipeline will be installed at a depth
below the proposed N.Pine Road elevation,along the current pipeline alignment,to protect the
pipeline from construction activities associated with the underpass project. The scope of services
requested by Phillips 66 includes five tasks consisting of project management,surveying and
mapping,geotechnical investigation,and HDD profile design. Estimated costs and assumptions
are provided below.
Task 1—Project Management
This task includes providing project updates, meeting with Phillips 66 staff,scheduling,budget
tracking,and managing the Pioneer team to ensure the project is successfully executed. Pioneer
will prepare and maintain a site-specific health and safety plan for the project.
Estimated Cost: $3,700
Task 2—Surveying and Mapping
Topographic data will be collected in the field to develop an accurate topographic map of the
site. We assume that topographic data will be collected using ground survey methods and GPS.
All pipeline markers, existing utilities,and other relevant surface featrues will be located,and a
3-Dimensional surface created for use in CAD to develop the HDD profile design(Task 4).
Estimated Cost: $12,300
Task 3—Geotechnical Investigation
This task includes performing a subsurface geotechnical investigation at the project site. Pioneer
proposes drilling a maximum of two boreholes to characterize the soils and geology at the site.
Boreholes will be advanced at the proposed HDD entry and exit points. Assumed work
associated with this task includes:
2310 RROAOWATER AVE..STE. 1 •BILLINGS,MT 591021 PH.406.545.4805•8X 406.545.46581 WW W.PIONEER-TECHNICAL.COM
• Full-time geotechnical drilling oversight and logging services at two
borehole locations.
• Average sampling rate of 1 sample every 2.5 feet in the upper 15 feet and
at 5-foot intervals thereafter.
• Continuous cuttings sampling to identify lithology changes.
• Laboratory materials index testing to characterize subsurface conditions:
o 5 Mechanical Grain Size Analyses with Hydrometer(ASTM
D422).
o 5 Atterberg Limits (ASTM D43I8)
o 20 Moisture Contents (ASTM D2216)
o 1 (3 pts) Consolidated Undrained Triaxial w/PWP (ASTM
D2435)
o 1 Soluble Sulfate Content(MT 232-04/EPA 300.0)
o 1 Corrosivity pH (AASHTO 289)
o 1 Soil Resistivity(AASHTO 288)
• Preparing a geotechnical subsurface investigation report.
Estimated Cost: $23,000
Task 4—HDD Profile Design
Survey data collected during Task 2, geotechnical investigation data collected during Task 3, and
readily available information (i.e.,proposed City of Spokane N. Pine Rd. Underpass drawings)
will be used to develop the HDD profile design. We will prepare general overview figures and
plan and profile sheets for the proposed HDD pipeline to provide to drilling contractors. Pioneer
will deliver design drawings to Phillips 66 for review and approval. Final design drawings will
be used for the HDD installation.
This task also includes providing construction staking for the HDD pipeline installation.
Estimated Cost: $8,000
Summary
The scope and estimated costs presented in this letter do not include the following:
• Right-of-Way(ROW) review and surveying.
• SWPPP administration and inspection.
• Construction oversight.
Total Estimated Time and Material (T&M)Cost: $47,000
Thank you for the opportunity to provide you with our proposal for professional services for the
YP01 MP 1.3 HDD project. If you have any questions regarding this letter proposal,please
contact me at(406)545-4805 or via email at craisland(alpioneer-technical.com.
Sincerely,
Chad Raisland, P.E.
Program ManagerNice-President
Pioneer Technical Services,Inc.
Exhibit B —Assurance of Compliance with Applicable Federal Law
During the performance of this Agreement, the UTILITY, for itself, its assignees, and successors in interest
(hereinafter referred to as the"Consultant") agrees as follows:
1. Compliance with Regulations: The Consultant shall comply with the federal laws set forth in Section 7 of this
Exhibit ("Acts and the Regulations") relative to non-discrimination in federally-assisted programs of the U.S.
Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be
amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement.
2. Non-discrimination: The Consultant, with regard to the work performed by it during this Agreement, 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 Consultant shall not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, 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 Consultant for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-
discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The Consultant shall provide all information and reports required by the Acts, the
Regulations, and 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 WSDOT to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information required of Consultant is in the
exclusive possession of another who fails or refuses to furnish the information, the Consultant shall so certify to
the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination
provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to
be appropriate, including, but not limited to:
a. withholding payments to the Consultant under the Agreement until the Consultant complies; and/or
b. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs one through six of this
Exhibit in every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The Consultant shall take action with respect to any
subcontract or procurement as the City, WSDOT, USDOT, or Federal Railroads Administration may direct as a
means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, the
Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, the
Consultant may request the United States to enter into the litigation to protect the interests of the United States.
7. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant 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);23 CFR Part 200; 49 CFR Part 21; and 49 Part 26.
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);
Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex);
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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, 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 C.F.R. 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 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.);
49 U.S.0 § 306, which prohibits discrimination on the basis of race, color, national origin, or sex in railroad
financial assistance programs; and
RCW 49.60.180
Any other nondiscrimination regulation implemented related to any of the prior above stated statutes, any other
nondiscrimination Executive Order implemented related to the above stated statutes, any USDOT Order
implemented related to nondiscrimination, and any other applicable federal laws, regulations, requirements,
and guidance prohibiting discrimination.
8. Compliance with 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles and Audit
Requirements: This Agreement shall be subject to 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards and the United States Department of Transportation
implementing regulations at 2 C.F.R. Part 1201 (see 2 C.F.R. §200.101), and such provisions are incorporated by
reference herein.
9. Compliance with Subconsultant provisions of Consolidated Rail Infrastructure and Safety Improvements
Cooperative Agreement between City and USDOT Federal Railroad Administration, Agreement No.
69A36520501340CRSWA ("CRISI Agreement"): Consultant has read CRISI Agreement, is familiar with, and
agrees to comply with all provisions applicable to City's subconsultants therein. All provisions of the CRISI
Agreement applicable to City's subconsultants are hereby incorporated by reference herein.
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10. Prohibition in Trafficking in Persons: Consultant and any subconsultant shall not(a)engage in sever forms of
trafficking in persons during the period of this Agreement; (b) procure a commercial sex act during the period of
time that the award is in effect, or(c) use forced labor in the performance of this Agreement. This Agreement shall
be terminated if Consultant, subconsultant, or any of their employees, officers, or officials is determined to have
either violated any provision of this paragraph directly or through such conduct is imputed to the City or Consultant
pursuant to the standards set forth in 2 C.F.R. part 180, as implemented at 2 C.F.R. part 1200. Consultant and
any subconsultants shall notify the City immediately if they receive information from any source alleging a violation
of this paragraph during the term of this Agreement.
11. DBE Requirements: This Agreement is not subject to a mandatory Underutilized Disadvantaged Business
Enterprises ("UDBE") goal. In the absence of a mandatory UDBE, the Consultant shall continue their outreach
efforts to provide SBE firms maximum practicable opportunities.
12. Federal Railroad Administration Review: The Federal Railroad Administration shall have the right to participate
in the review of examination of any services provided as part of this Agreement or sub-agreement while such
services are in progress or upon completion.
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