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HomeMy WebLinkAbout214608 PBS&J; INTERWEST CONSULTING GROUP - CONTRACT - RFP - P1124 CIVIL ENGINEERING ANNUALPROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS COLORADO a Municipal Corporation hereinafter referred to as the City and PBSU hereinafter referred to as Professional and/or Service Provider WITNESSETH In consideration of the mutual covenants and obligations herein expressed it is agreed by and between the parties hereto as follows 1 Scope of Services The Professional agrees to provide services in accordance with any project Work Orders for P1124 Civil Engineering Annual issued by the City in accordance to RFP documents and the Scope of Work attached hereto as Exhibit B consisting of one (1) page and is incorporated herein by this reference A blank sample of a work order is attached hereto as Exhibit A consisting of one (1) page and is incorporated herein by this reference The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement 2 The Work Schedule The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order 3 Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order Time is of the essence Any extensions of any time limit must be agreed upon in writing by the parties hereto 4 Contract Period This Agreement shall commence July 15 2008 and shall continue in full force and effect until July 15 2009 unless sooner terminated as herein provided In addition at the option of the City the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties using the Denver Boulder CPI U as published by the 1 EXHIBIT B Scope of work On Call Crod Engineering Design, Drafting and Surveying Services The Consultant will work closely with City Project Managers to design and/or draft conceptual preliminary and final improvement plans Some project specific surveying may also be required to facilitate the design The Consultant will be responsible for producing plan documents under the direction of a City Project Manager The plan documents will consist of but not be limited to the following removals plan views profile views cross sections general notes specifications construction notes and details suitable for construction The Consultant may also assist in the roadway alignment calculation of plan quantities plans required for right of way acquisition and other work related to producing plan documents It is essential that the successful Consultant be familiar with the Larimer County Urban Area Street Standards (LUCASS) and CDOT requirements and procedures Additional requirements may include • Researching existing panel and right of way boundaries legal descriptions easements water rights etc • Creating displays and graphic representations of various design project elements for meetings and/or City Council hearings • Attend coordination and review meetings public meetings property owner meetings • Coordination with other consultants (geotechnical bridge etc ) When the City provides survey data that data will be provide in an ASCII file — comma delineated format (point number northing easting elevation description) For new projects the Consultant may be required to provide design drafting and/or surveying services In such case the Consultant will work closely with a City Project Manager to produce the best possible design and within the budget constraints associated with that project Survey data is usually collected by City crews however there may be certain instances where the Consultant will be required to collect their own survey data because of City staff s workload The City does not require a specific design software to be used but final drawings shall be submitted to the City in AutoCAD Our anticipated need for design and drafting work is expected to be on an as needed basis The Consultant should expect that services required for individual projects could range up to 500 hours depending on the complexity of the project(s) The City is seeking Consultants that can excel at delivering projects with complex requirements (City and CDOT Standards Federal Funding publicly controversial projects etc ) Equally important is the Consultants ability to quickly efficiently and cost effectively complete small straightforward projects 10 EXHIBIT C Fee schedule PBS&J 2008 HOURLY RATE SCHEDULE Office Engineering Hourly Rates Office Engineering Hourly Rates Senior Project Manager $164 00 Scientist I $65 00 Project Manager $126 00 Public Information Specialist $75 00 Assoc Project Manager $105 00 Sr GIS Analyst III $120 00 Senior Engineer IV $180 00 Sr GIS Analyst II $108 00 Senior Engineer III $150 00 GIS Analyst II $75 00 Senior Engineer II $116 00 GIS Analyst I $60 00 Senior Engineer I $97 00 Survey Manager II $100 00 Engineer III $90 00 Sr Party Chief II $85 00 Engineer II $82 00 Sr Survey Technician II $70 00 Engineer 1 $70 00 Instrument Operator II $55 00 Senior Designer I $113 00 Technical Coordinator II $80 00 CAD Designer $96 00 Sr CAD Technician II $86 00 Senior Planner III $116 00 Sr CAD Technician I $70 00 Senior Planner II $110 00 Sr Architect $180 00 Senior Planner I $99 00 Landscape Architect II $116 00 Planner II $82 00 Landscape Architect I $85 00 Senior Environmental Scientist II $115 00 Operations Coordinator II $89 00 Senior Environmental Scientist I $100 00 Operations Coordinator I $68 00 Scientist II $80 00 Administrative Assistant $58 00 Graphic Design Specialist $65 00 Construction Services Hourly Rates Construction Services Hourly Rates Sr Project Engineer II $105 00 Sr Field Representative I $65 00 Sr Const Mngt Inspector II $95 00 Const Mngt Inspector I $55 00 Sr Const Mngt Inspector I $90 00 Jr Field Representative $35 00 Sr Field Representative II $75 00 Program Assistant II $58 00 Reimbursable Expenses Billing Rates Mileage at standard federal rates Copies (B&W) 8 1/2 x 11 $0 10 EA Copies (Color) 8 1/2 x 11 $1 00 EA Copies (B& W) 11 x 17 $0 15 EA Copies (Color) 11 x 17 $150 EA Mylar $0 50 SF Outside Services at cost Subconsultants at cost PBS&J 2008 HOURLY RATE SCHEDULE Rates Rates Barry Schulz Mel Hough Mirk Van Dyne Dean Friesen Alex Whitney C AD Designer $96 00 Ken Bums Wesley Christiansen Manager *** Jon Gellner Mark Boggs Wa)nc I im Tim Hammer Senior Planner 111 $11600 Randy Hilton Senior Planner II $110 00 Jeff Sickles Melissa Allen Scott Barnhart Senior Planner I $99 00 Dan Liddle Darren EVLn Jena Montgomery Planner II $82 00 Jeff Stapleton Coral Cosway David Sprague Stephen Hoover Project Manager $164 00 Public Information Specialist $75 00 Allan Brown Ryan Adams Wcs Gofl Senior Environmental Scientist 11 $115 00 At Pierson F1 I Senior Environmental Scientist 1 $100 00 Josh Price Scientist 11 $80 00 Slevc, Sandvik Nicole Kord Gary Sell Scientist I $65 00 Larry Sly Beck Anderson Nancy Smith Sr GIS Analyst 111 $120 00 (Manager $12600 Sr GIS Analvst11 $10800 Dane Dascnt Peter Cornish Troy Day GIS Analyst If $75 00 Mohan G irakhalli Anita Rasper Jim Hanson Jarod Sknvanek Corey Lang ** GIS Analyst I $60 00 Stan McKee PP1 Chad Johnson Mai Miller Survey Manager 11 $10000 Jason Moroviti Jim Reichhoff Carrie Wallis Sr Partv Chief 11 $85 00 Dave Wegner I'm Phil Olson Matt Wessell Sr Survey Technician II $70 00 Project Manager $105 00 Instrument Operator 11 $55 00 Jamie Archainbcau John Morgan Krum Lang ** Technical Coordinator II $80 00 Fngmeer IV $180 00 Tina Brand D rve Millar Sr CAD Technician 11 $86 00 Fngmeer ID $150 00 Cecil Necessary David Fronc/ak Sr CAD Technician I $70 00 Mike Hirmcr Libby Schawo Donald Jacobs Sr Architect $18000 Mike McMullen Landscape Architect 11 $116 00 Engineer 11 $116 00 Landscape Architect 1 $85 00 Duane Cleere Sarah Houghland Operations Coordinator It $89 00 Dave Nemovitz Amelia Dcicon Alan Turner Knsta Byers Page 1 PBSU LUU5 HUUKLY KAIE NUHI LULE Senior Engineer 1 $97 00 Operations Coordinator 1 $68 00 Lee Kunselman Rachel Erickson Raul Rivera Heather Meyer Fngmeer III $90 00 KLlly Ohaver Sam Abraham Fngmeer 11 $82 00 Admimstrative Assistant $58 00 Lisa Biggs Dawn SawyLr Nathan Boone Lacy Roddick Amy Finseth Magdalena Fuentez Erik Haugen Tony King Mark Jahnke I oren Lauvray ( raphit Design Specialist $65 00 Karol Miodonski Jason Sandvik Nathan SLyinour Anna Smith Fngmeer 1 $70 00 Scott B000n Sarih Chartier Jason Laabs Lindsay Merz Jordan Pettibone Justin Withee Aron Zerezghi *** Principal and Group Manager will be billed at SLmor Project Manager Rate Services Rates Services Rates Sr Project Engineer II $105 00 Construction Management Rep 1 $80 00 Derek Lmdvall Doug Smith Sr Field Representative II $75 00 Sr Const Mngt Inspector 11 $95 00 John Brewer Frank Baublits Denny Davalt Bill Cumings Sr Field Representative I $70 00 Brian Johm Jeff Klimek Const Mngt Inspector I $55 00 Sr I. oust Mngt Inspector I $90 00 AJ Ravgiala Kevin Albert Becky Ware Gary Archer Jr Field Representative $35 00 Stbphen Bignall Justin Gorham Gordon Lmdvall Program Assistant 11 $58 00 Dennis Loose Can Graybill Olivette Rowan Page 2 2008 STANDARD HOURLY RATES Professional Services Principal (Expert Witness)' $200/hr Principal $140/hr Senior Engineer $125/hr Engineer $110/hr Design Engineer $ 85/hr Administrative $ 55/hr includes deposition testimony courtroom appearances transcript review etc Outside Consultants Other Direct Costs Mileage Outside reproduction Other expenses CD Production In House Reproduction In House Reproduction Large Format Plots Foam Board at cost at Standard Federal Rate at cost at cost $5 00/per disk (B&W) $0 10/per print (Color) $0 25/per print $0 35/per square foot $1 25/per square foot TST INC CONSULTING ENGINEERS ut,lt'� ( , f TST, INC CONSULTING ENGINEERS reviews scheduled fees on an annual basis New schedules are Issued as warranted but no more than once annually Charges for all work Including continuing projects will be based on the new Schedule of Fees PERSONNEL CHARGES Personnel charges are for technical work not covered by lump sum fee agreements Personnel are assigned to various tasks based on the skills necessary to perform the required services Charges may also be Incurred for word processing report preparation and Client requested accounting ENGINEERS $ Hourly Rates Design Engineer 70 90 Project Engineer 80 105 Senior Engineer 95 115 Project Leader 100 120 Senior Project Leader 100 140 Senior Technical Leader 105 150 Principal Engineer 130 165 DESIGNERS CAD Technician 60 70 Designer 70 85 Senior Designer 85 100 LAND SURVEYORS Field Surveyor 50 80 Licensed Surveyor 75 115 Senior Technical Leader 100 125 1 Man Crew 95 110 2 Man Crew 128 138 3 Man Crew 150 165 CONSTRUCTION MANAGEMENT Construction Inspector 60 80 Construction Administrator 65 85 Senior Construction Administrator 80 105 ADMINISTRATION Administrative 50 60 Project Accountant 85 110 REIMBURSABLE EXPENSES Outside consultants and expenses will be charged at cost plus 10 percent (10%) Automobiles will be charged at $0 55 per mile Prints are $0 25 per square foot mylars are $1 25 per square foot and color plots are $5 00 per square foot Effective 4/08 0 TERRACON CONSULTANTS, INC PROFESSIONAL CONSTRUCTION MATERIALS ENGINEERING & TESTING SERVICE FEE SCHEDULE PROFESSIONAL SERVICES TECHNICIANS AND CLERICAL Hourly Rate Sr Field/Lab Technician/Manager (NICET State DOT Certification or Masonry ICC Observation) $75 Field or Laboratory Technician 48 Floor Flatness/Levelness Technician 100 Overtime surcharge (before 7 a on after 5 p on M F Saturdays Sundays and Holidays 1 5 x s hourly rate Structural Steel Weld Bolted Connection & Fireproofing 75 Cleneal/Dispatch 40 FIELD AND LABORATORY TESTING SOILS Sand Equivalent (ASTM D2419) Sieve Analysis (ASTM D2217 D422 and D1140) a Standard Sieves 3 inch through No 200 b No 200 to 005 min (ASTM D422) add to a or c c Fine No 4 to passing No 200 d Percent passing No 200 sieve Specific Gravity & Absorption (ASTM D854) Liquid Plastic Limit (ASTM D4318) Moisture Density Determination ASTM D698 (Standard) ASTM D1557 (Modified) One Point Test R Value (ASTM D2844) CBR Test (ASTM D1883) Relative Density (ASTM D4253 & D4254) AGGREGATES Sieve Analysis (ASTM C136 & C117) a Coarse aggregate Above No 4 (ASTM C136) I Fine Aggregate No 4 through No 200 c Coarse & Fine Aggregates through No 200 d Large Pit Run Samples (+3 in ) per hour Specific Gravity & Absorption Coarse or Fine (ASTM C127 & C128) Una Weight (ASTM C29) Los Angeles Abrasion (ASTM C131 or C535) Micro Deval (ASTM D6928 or applicable DOT) Sodium or Magnesium Sulfate Soundness (ASTM C88) Coarse or Fine 5 cycles Organic Impurities (ASTM C40) Clay Lumps and Fnable Particles (ASTM C142) Flat and Elongates (ASTM D4791) Lightweight Particles Coarse or Fine (ASTM C123) Fractured Faces (ASTM D5821 or applicable DOT std ) Alkali Silica Reactivity (ASTM C1260 or C1567) Coarse Fine or Coarse/Fine Blend aggregate Fine Aggregate Angularity (ASTM C1252 Method C) (Aggregate Specific Gravity Test is Not Included) Unit Price $95 100 100 55 50 95 100 120 130 75 325 350 175 $50 50 100 48 ENGINEERING Hourly Rate Principal (Sr Engineer/Geologist) $135 Senior Project Engineer/Dept Manager 100 Project Geotechnical Engineer 85 Staff Field Engineer/Geologist/Supervisor 75 Special Consultation Expert Testimony & Court Appearance 125 160 PORTLAND CEMENT CONCRETE AND MASONRY Unit Price Vapor Emission Test (ASTM F1869/F2170) per location $100/140 Compressive Strength Testing a Concrete Cylinder (ASTM C39) $15 b Grout/Mortar2 X2 Cubes (IBCorASTM C109) 15 c Grout Prism (ASTM C1019) 30 d Concrete Core (ASTM C42) 50 e Flexural Strength (ASTM C78) 65 f Splitting Tensile Strength (ASTM C496) 50 Provide Cylinder Molds 3 Masonry block/prism Assemblage Compressive Strength a 8 unit $60 b 12 unit $70 c Masonry unit delivery charge $48/hour+ mileage Unit Weight of Cylinder or Core (ASTM C567) 20 Concrete Mix Design (Aggregate Tests & Travel Not Included) a Compressive (lab batched) $1 250 b Compressive (truck batched) 1 000 c Flexural (truck batch/lab tested) 1 750 Coring Concrete (ASTM C42) per hour includes operator 65 Add Bit Charge per inch depth 5 HOT MIX ASPHALT (HMA) Extraction of Asphalt (ASTM D2172 or D6307) $100 95 Extraction and Gradation (ASTM D6307 or D5444) 175 52 HMA Properties Test (3 specimens) includes stability flow air voids & 150 marshall unit weight (ASTM D6926 6927) 325 180 Coring Hot Mix Asphalt (ASTM D979) a 4 diameter cores per each 65 325 Bulk Specific Gravity & Thickness (ASTM D2726) 35 50 HMA Trial Mix Design (Aggregate Tests Not Included) 115 Marshall or Hveem Method 1 900 95 Superpave SHRP Gyratory 3200 150 Theoretical Maximum Specific Gravity (ASTM D2041) 95 per point 85 Immersion Compression or Lottman 750 (ASTM D1074 & D1075/ AASHTO T283) 400 95 Design unit weight one point verification (pre mixed) 325 Tests not shown above Quotation on Request Rush laboratory service & less than 24 hour notice for field testing available at 30 percent surcharge based upon availability DIRECT CHARGES Per Diem and Lodging Automobile or Pick up 4 Wheel Drive Vehicle All other direct project expenses i e special equipment rental commercial travel bulk reproduction protective clothin Provide on site field laboratory facilities and test equipment GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING SERVICES F 1 COns Gre ley g $60/day + cost of lodging $0 60/mile $0 80/mile etc Cost + 15 / Quotation on Request Fee Schedule Available on Request 1re Re Ised J ry 2008 TERRACON GEOTECHNICAL PROFESSIONAL SERVICE FEE SCHEDULE FIELD INVESTIGATION Drilling services per hour $140 00 $185 00 (vanes depending on job requirements) Backhoe bulldozer and other heavy equipment rental Cost + 15 percent Drill bits and/or media special sampling and/or monitoring equipment air compressor water truck equipment for site access special safety equipment or other auxiliary equipment provided Cost+ 15 percent Equipment rental including slope inclinometer pressuremeter seismometer resistivity meter etc Quotation on Request PROFESSIONAL SERVICES Hourly Rate Principal Engineer $115 $140 Senior Project Engineer/Manager $90 $120 Project Engineer $75 $90 Staff/Field Engineer or Senior Technician $55 $75 Field or LaboratoryTechnician $50 $65 CADD Operator/Draftsperson $55 $65 Clerical $45 $50 Special Consultation Expert Testimony & Court Appearance $125 $160 LABORATORY TESTING OF SOIL AND ROCK Unit Price Unit Price Steve Analysis (ASTM D422 and D1140) One Dimensional Consolidation or Swell a Standard Sieves 3 inch through No 200 $100 (ASTM D2434 and D4213) b No 200 to 005 min add to a 100 a 4 ksf load $115 c Percent passing No 200 mesh sieve only 50 b 8 ksf load 125 Liquid Plastic Limit (ASTM D4318) 100 c 16 ksf load 135 Specific Gravity (ASTM D854) 95 d 32 ksf load 155 Moisture Content (ASTM D2216) 10 a Add to a d above for time rate readings Moisture Density Determination (1) 2 loads 75 Standard (ASTM D698) 140 (2) 4loads 115 Modified (ASTM D1557) 150 Unconfined Compression (ASTM D2166 and D2938) 105 One Point Test 75 Tnaxial Shear per point (not including Moisture Density/Proctor) Density & Moisture Content (ASTM D2937) 45 a Unconsolidated Undramed Saturated 225 CBR Test (ASTM D1883) 350 to Consolidated Undmined 475 Permeability (ASTM D2434) 350 c Recompacting fee per point 100 R Value (ASTM D2844) 325 Permeability Using Tnaxial Cell Sulfate Content 40 d Undisturbed or Remolded 350 pH and Resistivity (Lab) 60 Special Tests Quotation on Request pH sulfide redox resistivity 110 Laboratory Technician for sample preparation 52/hour Direct Shear per point (Moisture Density/Proctor not incl) 250 Residual Shear 250 Relative Density (ASTM D4253 & D4254) 175 Rush laboratory service available at 30 percent surcharge DIRECT CHARGES Per Diem and Lodging $60/day +cost of lodging Automobile or Pick up $0 60/mile 4 Wheel Drive Vehicle $0 80/mile All other direct project expenses i e special equipment rental Commercial travel bulk reproduction protective clothing etc Cost + 15"/ Provide on site field laboratory facilities and test equipment Quotation on Request Additional copies of reports $150/report ENVIRONMENTAL AND CONSTRUCTION MATERIALS ENGINEERING SERVICES Fee Schedule Available on Request Fort Collins Greeley Colorado Offices Revised January 2008 lrerracor- MD n I r .. COLORADO PRICE SHEET HOURLY RATE $ 1 95 / HR HYDRO VAC TRUCK AND OPERATOR TIME FIGURED FOR THE ROUND TRIP OF A JOB WITHIN HOUR OF OUR SHOP $25 / HR DRIVERS HELPER $ 1 50 / HR TRAVEL OUTSIDE OF 1 HOUR OF SHOP $235 / HR EMERGENCY/ NIGHT (6PM TO 6AM) AND WEEKEND OPERATING • FOUR HOUR MINIMUM IS CHARGED ON ALL HOURLY JOBS • RATES ARE FOR ONE BADGER CREW • ROUND TRIP CHARGE INCLUDES TRAVEL TO AND FROM JOB SITE WATER LOADING AND DEBRIS DUMPING • WATER DEBRIS DUMPING TRAFFIC CONTROL PERMITS AND PER DIEM ARE NOT INCLUDED IN THE HOURLY RATE CAISSON HOLE PRICING 24 DIAMETER X $90 PER FOOT/PER HOLE 30 DIAMETER X $95 PER FOOT/PER HOLE 36 DIAMETER X $ 1 00 PER FOOT/PER HOLE 42 DIAMETER X $ 1 10 PER FOOT/PER HOLE 48 DIAMETER X $ 1 20 PER FOOT/PER HOLE 54 DIAMETER X $ 1 30 PER FOOT/ PER HOLE 60 DIAMETER X $ 1 40 PER FOOT/PER HOLE • CAISSON HOLE PRICING DOES NOT INCLUDE WATER OR DUMP FEES • RATES DEFER TO THE HOURLY RATE AND FOUR HOUR MINIMUM CHARGE IF 2 OR MORE HOLES ARE DUG • CAISSON HOLE PRICING INCLUDES TRAVEL TIME UP TO 1 HOUR FROM SHOP • CAISSON HOLE PRICES VALID UNLESS LARGE OBSTRUCTIONS SANDSTONE/SHALE BEDROCK FLOW/FLASH FILL OR GROUND WATER ARE ENCOUNTERED DURING EXCAVATION UNDER THESE CIRCUMSTANCES PRICING WILL BE BILLED AT THE HOURLY RATE • ALL EXCAVATING PERFORMED THAT REQUIRES REMOTE HOSES WILL BE CHARGED AT THE HOURLY RATE ADDITIONAL FEES FUEL SURCHARGE WATER DUMP (NON CONTAMINATED) DUMP (CONTAMINATED) TRAFFIC CONTROL PERMITS PER DIEM BACKFILL (WITH SQUEEGEE) $ 1 10 PER JOB / PER DAY $45 PER LOAD (UNLESS SUPPLIED) $60 PER LOAD (UNLESS SUPPLIED) $ 1 300 MINIMUM PER LOAD AS SPECIFIED AS SPECIFIED $300/DAY/2MAN CREW $500/DAY ACT UNDERGROUND TOGETHER WITH BADGER DAYLIGHTING IS COMMITTED TO BEING THE AREAS RECOGNIZED LEADER IN THE HYDRO EXCAVATING INDUSTRY WHOLLY DEVOTED TO PROVIDING CONSISTENT SAFETY MINDED CUSTOMER SERVICE AT A MARKET ACCEPTED PRICE FOR ADDITIONAL INFORMATION OR TO SCHEDULE A BADGER UNIT PLEASE CONTACT BRIAN LYSTER OWNER AT (303)263 2822 OR JUSTIN HUNT OPERATIONS MANAGER AT (303)901 5228 PRICES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE '1C — IN01 Izi kOt i I 11 c 1 1 845 F �— 11 1 I Av N I UNI I F HI vUE t ON C O H0640 N} I ( i ) 3) 6Jlj 1 4 /`S I lx (303) W)9 `-)940 ^PI v1 A( (UNI If I((- I20titi[)� ac)1 — ),I Colorado State Planning and Budget Office as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 5 Early Termination by City/Notice Notwithstanding the time periods contained herein the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties All notices provided under this agreement shall be effective when mailed postage prepaid and sent to the following address Professional City With Copy to PBSU City of Fort Collins Engineering City of Fort Collins Attn Dan Liddle PE Attn Mark Laken Attn Purchasing 4601 DTC Boulevard Sutie 700 P O Box 580 PO Box 580 Denver CO 80237 Fort Collins CO 80522 Fort Collins CO 80522 In the event of any such early termination by the City the Professional shall be paid for services rendered prior to the date of termination subject only to the satisfactory performance of the Professional s obligations under this Agreement Such payment shall be the Professionals sole right and remedy for such termination 6 Design, Proiect Insurance and Insurance Responsibility The Professional shall be responsible for the professional quality technical accuracy timely completion and the coordination of all services rendered by the Professional including but not limited to designs plans reports specifications and drawings and shall without additional compensation promptly remedy and correct any errors omissions or other deficiencies The Professional shall indemnify save and hold harmless the City its officers and employees in accordance with Colorado law from all damages whatsoever claimed by third parties against the City and for the City s costs and reasonable attorney s fees arising directly or indirectly out of the Professional s negligent performance of any of the services furnished under this Agreement The Professional 2 X ul—R�p�eyAsaoclwrea INC L 4a I A chlta 1 U t n Das STANDARD BILLING RATES LABOR Principal $160 00 Project Director II $120 00 Project Director 1 $110 00 Project Manager IV $ 8500 Project Manager III/Project Coordinator IV $ 8000 Project Manager II / Project Coordinator III $ 7500 Project Manager I /Project Coordinator II $ 7000 Designer II /Project Coordinator I $ 6500 Designer I/ Design Technician I $ 6000 Intern II $ 5500 Intern I $ 5000 Administrative $ 4000 a MERCO, INC PROTECT COST IQIHEET(SPECIFIC MTE OF PAY( for CY 300E P,.Nmbe IInxYw TmU,m lmolo MNA FW nHYtl Pml t AOD FM55 1 Laalw F-N m MI N m M Wepan VVES bl P. =0. 74.B885 Smw IOU hD. I 1. Typed Pm mll Sw ft RNedP y CO Ind I. 5Yeert 1A SPECIFIC LABOR "TO DIRECT EMPLOYEE SALARY INDIRECT FEE MULTIPLIER STANDARD NAME EMPLOYEE COSTMOUR COST I%) I%) RATE CLASSIFICATION p tl OUR O NC mel 0 E Wm mF MIS MMI 1 W 1080E RIM GAB PE PmPd Menepe IIIw $13800 M M1S III q OwIIIT SpuYWsl 1C0 f8225 ,.Tle EVxn MISW Ntl 1LO 510805 -Bcne P M byMM1M Ipel tL0 Ei]0DID w 87 SO M Mm ZN II PE E,I. t SO 58850 Suv MCC IIaJi Pmle IRA p II 1 W St]x pn 18 LABOR COSTS EMPLOYEE NAME A. T M Moe B—w M by Mah. b Metlem Za II PE S. M6 1b b EMPLOYEE CLASSIFICATION E M m WISWMMII Pm}d Merin, II AIO IMSP hl E Wrtn—WBde b 11 Po III I S E nm me MI Sd Mbl Eno w PmpdM p II SPECIFIC ESTIMATED NUMBER RATESIHOUR OF WORK HOURS ff. IA) S 170 aO 5 137 00 S 88 50 S 198 00 TOTAL LABOR 2A OTHER DIRECT COST RATES IINi Wbll ) ESTIMATED COSTPER EMPLOYEE ITEM ESTIMATED UNIT ESTIMATED MMp CUNITS RATES UNITS COST mM l MbaM eo Al I Iow ml�wreblpl [ol Mb ppmwC by PmMMMwp tiv a SUBTOTAL 28 OTHER DIRECT COSTS (OUTSIDE) ITEM ESTIMATED UNIT FETIuATFn OWM .g .Io ( d Pa DRm Ma I qlw lab 0 M NMnw SUBTOTAL CDC TOTAL TOTAL ESTIMATED COST MMV MCNbC b �—�; (TYPED NAME) SIGNATURE WESTERN STATES LAND SERVICES, INC FEE SCHEDULE PBS&J CALENDAR YEAR 2008 HOURLY Supervisor $65 00 Right of Way Agent 1 $60 00 Right of Way Agent 2 $55 00 Staff Assistant Word Processor $35 00 EXPENSES Expenses are charged at actual cost with no surcharge Vehicle mileage Photocopies Facsimile transmissions Computer/PC/AT Word Processor $ 46/mile $ 20/page $1 00/page Included in regular rates Included In regular rates Direct expenses for Items such as postage, telephone, etc are charged at actual cost with no surcharge ' There Is no surcharge for overtime hours worked (Daily and monthly rates available upon negotiation) C ADocuments and Settings\[ 5538VLocal SettingsUemporary Internet Fl lesVOLK45Tee Schedule PRS]2008 doc YEH AND ASSOCIATES, INC STANDARD FEE SCHEDULE - ENGINEERING FIELD INVESTIGATION Drill Rig Truck Mounted with 2 Man Crew 4 inch and 6 inch Solid Auger $125 per hour Hollow Stem Auger 3 3/4 1 D $140 per hour Coring Bit Wear +$130 per hour Standby Time $75 per hour Track Mounted Rig (Additional) $50 per hour Drill Rig Mobilization and Demobilization In Town under 50 miles Hourly Rate Track Mounted Rig $1 00 per mile + S25 per man per hour Track Mounted Rig $2 25 per mile LABORATORY TESTING Effech e J ly 1 2007 Drill Rig Mobilization and Demobilvation Water Truck $1 00 per mile + $25 per man per hour Pickup $0 60 per mile Drill Rig Support Vehicles Water Truck $100 per day Support Truck $75 per day Equipment Rental Cost + 15 A Well Construction Materials Cost i 15 A Geophysical Survey Cost { 150/ I field Engineer/Geologist $70 per hour Natural Density and Moisture Content $10 00 Laboratory Technician $60 00 per hour Atterberg Limn (ASTM D43 18) $50 00 Specific Gravity S50 00 R Value (ASTM 2844) $350 00 Gradation Analysis (ASTM D 422) Resistivity $45 00 1 All Standard Sieve to #200 Sieve $50 00 Tnaxial Shear per point b Less than 1 5 Down to #200 Sieve $45 00 a Unconsolidated Undramed (Quick Test) $150 00 i. Percent Less Than #200 Sieve $25 00 b Consolidated Undramed (R Test) S300 00 d Hydrometer Analysis add S50 00 c Consolidated Drained (S-Test) $600 00 Swell Consolidation Permeability a Loaded to 10 000 psf S45 00 a Falling or Constant Head 2 4 Diameter $200 00 b Per load in Addition to 10 000 psf $5 00 b Triaxial Permeability $400 00 Time Consolidation (ASTM D 2435) $275 00 c Remolded(W&PRE 13) $180 00 Unconfined Compressive Strength (ASTM D 2166) $30 00 Relative Density (ASTM D 2049) S 180 00 Direct Shear Per point Water Soluble Sulfate S30 00 a Unconsolidated Undramed Test $100 00 pH $20 00 b Consolidated Undrained Test S250 00 Organic Content (ASTM D 2974) $30 00 e Consolidated Drained Test (ASTM D 3080) S400 00 Los Angeles Abrasion Test $125 00 Standard Proctor Compaction (ASTM D 698) $75 00 Concrete Compression Test each $10 00 Modified Proctor Compaction (ASTM D 1557) $85 00 ENGINEERING (( overn planning andgeneral supervision field trips analysis consultation preparation olreports and travel time ) Principal Engineer Project Manager Senior Project Engineer or Geologist Senior Field Inspector Project Engineer or Geologist Field Inspector Staff Engineer or Geologist Semor Field Engineer/technician Field Engineering Technician Administrative Assistant Sr Engineering Consultant Special Consultation Expert Testimony and Court Appearance (Minimum) MISCELLANEOUS Auto or Pickup Mileage (Outside Metropolitan Area) Out of -town Irving expenses commercial travel costs equipment rental etc Interest charged after 30 days from invoice date Othcr outside Services S 150 00 per hour $135 00 per hour $1 10 00 per hour $85 00 per hour $90 00 per hour $80 00 per hour S70 00 per hour $75 00 per hour $65 00 per hour $55 00 per hour $185 00 per hour $300 00 per hour $25 00/day + $0 50 per mile Cost + 15 A 1 501 per month Cost+ 15 A Accepted by Date EXHIBIT D As per section VIII A II 2 f) of your contract with CDOT the local agency shall ensure that its consultant contract complies with the requirement of 49 CFR 18 36(1) and contains the required provisions as well as the following language which shall be included verbatim 1) The design work under this contract shall be compatible with the requirements of a separate contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project The State is an intended third party beneficiary of this contract for that purpose 2) Upon advertisement of the project work for construction the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project 3) `The consultant shall review the construction contractors shop drawings for conformance with the contract documents and compliance with the provisions of the State s publication Standard Specifications for Road and Bridge Construction in connection with this work 12 FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include A The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule) at 49 Code of Federal Regulations Part 18 except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions The requirements of 49 CFR 18 include without limitation 1 the Local Agency/Contractor shall follow applicable procurement procedures as required by section 18 36(d) 2 the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner and to the extent required by applicable provisions of section 18 30 3 the Local Agency/Contractor shall comply with section 18 37 concerning any subgrants 4 to expedite any CDOT approval the Local Agency/Contractors attorney or other authorized representative shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with section 18 30 change order procedures and with 18 36(d) procurement procedures and with 18 37 subgrant procedures as applicable 5 the Local Agency/Contractor shall incorporate the specific contract provisions described in 18 36(1) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts B Fxecutive Order 11246 of September 24 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 13 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10 000 by grantees and their contractors or subgrantees) C The Copeland Anti Kickback Act (18 U S C 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair) D The Davis Bacon Act (40 U S C 276a to a 7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2 000 awarded by grantees and subgrantees when required by Federal grant program legislation This act requires that all laborers and mechanics employed by contractors or sub contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor) E Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U S C 327 330) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts awarded by grantees and subgrantees in excess of $2 000 and in excess of $2 500 for other contracts which involve the employment of mechanics or laborers) 13 F Standards orders or requirements issued under section 306 of the Clear Air Act (42 U S C 1857(h) section 508 of the Clean Water Act (33 U S C 1368) Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15) (contracts subcontracts and subgrants of amounts in excess of $100 000) G Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub L 94 163) H Office of Management and Budget Circulars A 87 A 21 or A 122 and A 102 or A 110 whichever is applicable I The Hatch Act (5 USC 1501 1508) and Public Law 95 454 Section 4728 These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally assisted programs J 42 USC 6101 et sea 42 USC 2000d 29 USC 794 and implementing regulation 45 C F R Part 80 et sea These acts require that no person shall on the grounds of race color national origin age or handicap be excluded from participation in or be subjected to discrimination in any program or activity funded in whole or part by federal funds K The Americans with Disabilities Act (Public Law 101 336 42 USC 12101 12102 12111 12117 12131 12134 12141 12150 12161 12165 12181 12189 12201 12213 47 USC 225 and 47 USC 611 L The Uniform Relocation Assistance and Real Property Acquisition Policies Act as amended (Public Law 91 646 as amended and Public Law 100 17 101 Stat 246 256) (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract ) M The Drug Free Workplace Act (Public Law 100 690 Title V subtitle D 41 USC 701 et se ) N 7 he Age Discrimination Act of 1975 42 US C Sections 6101 et sea and its implementing regulation 45 C F R Part 91 Section 504 of the Rehabilitation Act of 1973 regulation 45 C F R Part 84 29 U S C 794 as amended and implementing O 23 C F R Part 172 concerning Administration of Engineering and Design Related Contracts P 23 C F R Part 633 concerning Required Contract Provisions for Federal Aid Construction Contracts Q 23 C F R Part 635 concerning Construction and Maintenance Provisions R Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 The requirements for which are shown in the Nondiscrimination Provisions which are attached hereto and made a part hereof APRIL 1980 14 Nondiscrimination Provisions In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973 the Contractor for itself its assignees and successors in interest agree as follows A Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49 Code of Federal Regulations Part 21 hereinafter referred to as the Regulations ) which are herein incorporated by reference and made a part of this contract B Nondiscrimination The Contractor with regard to the work performed by it after award and prior to completion of the contract work will not discriminate on the ground of race color sex mental or physical handicap or national origin in the selection and retention of Subcontractors including procurement of materials and leases of equipment The Contractor will 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 C of the Regulations C Solicitations for Subcontracts. Including Procurement 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 procurement of materials or equipment each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor s obligations under this contract and the Regulations relative to nondiscrimination on the ground of race color sex mental or physical handicap or national origin D Information and Reports The Contractor will provide all information and reports required by the Regulations or orders and instructions 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 State or the FHWA to be pertinent to ascertain compliance with such Regulations orders and instructions Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the State or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information E Sanctions for Noncompliance In the event of the Contractors noncompliance with the nondiscrimination provisions of this contract the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate including but not limited to 1 Withholding of payments to the Contractor under the contract until the Contractor complies and/or 15 2 Cancellation termination or suspension of the contract in whole or in part F Incorporation of Provisions The Contractor will include the provisions of paragraphs A through F in every subcontract including procurement of materials and leases of equipment unless exempt by the Regulations orders or instructions issued pursuant thereto The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance provided however that in the event the Contractor becomes involved in or is threatened with litigation with a Subcontractor or supplier as a result of such direction the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States Certification for Federal Aid Contracts The contractor certifies by signing this contract to the best of its knowledge and belief that No Federal appropriated funds have been paid or will be paid by or on behalf or the undersigned to any person for influencing or attempting to influence an officer or employee of any Federal 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 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 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 of Congress or an employee of a Member of Congress in connection with this Federal 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 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31 U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10 000 and not more than $100 000 for each such failure The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100 000 and that all such subrecipients shall certify and disclose accordingly Required by 23 CFR 635 112 17 shall maintain commercial general liability insurance in the amount of $500 00 combined single limits and errors and omissions insurance in the amount of 1 000 000 7 Compensation In consideration of services to be performed pursuant to this Agreement the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit C consisting of twelve (12) pages attached hereto and incorporated herein by this reference At the election of the City each Work Order may contain a maximum fee which shall be negotiated by the parties hereto for each such Work Order The parties acknowledge that the sub contractors TST Consulting Engineers Inc Western States Land Services Inc Merco Inc Terracon Consultants Inc Yeh and Associates Inc Stolfus & Associates Inc VFRipley Associates Inc Badger Daylighting Corporation are not parties to this agreement However the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services If the amount charged by these subcontractors exceed the rates listed in Exhibit C the excess amount shall not be paid or owed by the City The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit C including subcontractor rates Monthly partial payments based upon the Professionals billings and itemized statements are permissible The amounts of all such partial payments shall be based upon the Professionals City verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professionals direct reimbursable expenses Final payment shall be made following acceptance of the work by the City Upon final payment all designs plans reports specifications drawings and other services rendered by the Professional shall become the sole property of the City 8 City Representative The City will designate prior to commencement of work its project representative who shall make within the scope of his or her authority all necessary and proper decisions with reference to the project All requests for contract interpretations change orders and other clarification or instruction shall be directed to the City Representative 3 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR CMS # Anticipated Location(s) Project if Sheet PROJECT SPECIFIC (PS) of CONSULTANT CONTRACTS Contract DBE Goal ar° Will Your DBE / Meet The Goal (box C)o ❑ YES ❑ NO Instructions For Prime Consultant An officer of the consultant must complete and submit an original copy of this farm as part of the Commendation Section of your PS contract Statement Of Interest {SOP Submit a separate CDOT Form #1331 for each proposed DBE Attach a signed LederofAccepfance and copy of DBE certificate from each DBE firm Retain a photocopy for your records (NOTE See 4° CFR part 26 55 and the DBE Dean t ons and Requirements section of the contract for further information concerning counting DBE participation toward the contract s DBE goal ) NAME OF DBE SUBCONSULTANT ITEMS OF WORK TO BE PERFORMED BY DBE SUBCONSULTANT REQUIRED ATTACHMENTS ❑ Letter of Acceptance ❑ DBE certificate A) What percentage of the overall contract is this proposed subcontract suppty{vendor cont OR servicelbroker contract? A> % NOTE Calculate % based an actual subcontractor dollars and not prime conttaG pridels, Only, report % amounts that are eligible for counting toward the contract goal See DBE Defriali and In contract) B) What is the total percentage vaue of proposed DBE participation from prior sheets/forms B> % C) What is the accuuaitabve Percentage value of the overall contract that is committed to DBEs? C> C=[A + 8] I certify that my company has accepted a proposal from the DBE subconsuhant named above my company has notified the proposed DBE subconsultant of the commitment ! of work (Letter of Acceptance is attached) my company s use of the proposed DBE subconsultant for the Items of work listed above is a condition of the contract award my company will not use a substitute DBE subconsultant for the proposed DBE subconsultant s failure to perform under a fully executed subcontract unless my company complies with the DBE Definitions and Requirements section of the contract • In addition if my company does not meet the intended DBE goal for this contract and Is unable to document adequate good faith efforts I understand that my company will receive a poor contract performance rating from CDOT which will negatively impact the scoring of our Statements Of Interest (SOI) on future CDOT contracts I declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made on this document are true and complete to the best of my knowledge COMPANY NAME DATE I COMPANY OFFICER SIGNATURE TITLE CDOT Form 1331 105 AGURD,N CERTIFICATE OF LIABILITY INSURANCE DATE (18/00/08 9/30/2008 7/18/2008 RODUCER Lockton Colppanies LLC 1 Kansas City 444W 471hStreat Suite900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kansas City MO641121906 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND (816) 960 9000 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # ISURED POST BUCKLEY SCHUH AND JERNIGAN INC INSURER I LOYDS or LONDON A XV 307320 DBA PBS&J INSURER B 2001 NW 107 AVENUE MIAMI FL 33172 2507 INSURER C INSURER D INSURER E OVERAGES PD THIS CERTIFICATE O RI2E URA pR DOES NOT CONNSTTITUTE A CONTRACT BETWEEN THE ISSUING FHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED RAMED ABOVE ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR NAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO 'OLICIES AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH CLAIMS qR AD R INSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE tMMIOD/YY) DATE(MMIODNY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ XXXXXXX COMMERCIAL GENERAL LIABILITY DOCCUR DAMAGE TO ENTEO MI aomwenca $ XXXXXXX MEDEXP(ArNone Person) $ XXXXXXX CLAIMS MADE NOTAPPLICABLb PERSONAL & ADV INJURY S XXXXXXX GENERAL AGGREGATE $ XXXXXXX GEN L AGGREGATE LIMIT APPLIES PER C PRODUCTS COMPUP AGG $ XXXXXXX POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea aco10enn $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS NOr APPLIC.ABLL BODILY INJURY (Per person) $ XXXXXXX HIRED AUTOS OWNED AUTOS BODILNON (Peso dent)INJU $ XXXXXXX PROPERTYDAMAGE (Par a=dw) $ XXXXXXX GARAGE LIABILITY NOT APPLICABI C AUTO ONLY EAACCIDENT $ XXXXXXX ANY AUTO OTHER THAN EA ACC $ XXXXXXX AUTO ONLY AGG $ XXXXXXX EXCESS/UMERELLALIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR CLAIMS MADE NOT APPLICABLC AGGREGATE $ XXXXXXX UMBRELLA $ XXXXXXX DEDUCTIBLE FORM $ XXXXXXX RETENTION S $ XXXXXXX WORKERS COMPENSATION AND W STATU OTH EMPLOYERS LIABILITY TORY LIM R ANY PROPRIETORMARTNENEXECUFIVE NO F APPLICABLT OFFICEWMEMBER EXCLUDED) E L EACH ACCIDENT XXXXXXX $ N", oesorm of SPECIAL PROVISIONS wow EL DISEASE EA EMPLOYEE $ XXXXXXX OTHER EL DISEASE POLICY LIMIT $ XXXXXXX LUUSA0700811 CLAIMS MADL FORM 9/30/2007 9/30/2008 $1 000 000 EACH CLAIM & $1000 000 PROI FSSIONAIA OLLUMON ANNUAL AGGREGATF LIABILI I Y 11/11/1961 RDTRODAT6 SCRIP71ON OF OPERATIONSILOCATIONSNEHICLESIEXCLUSION$ ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PBS&J JOB If PI00001461 RTIFICATE HOLDER FORT COLLINS CITY OF PO BOX 580 FORT COLLINS CO80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 26 (2001108) Fq q I F IllElelrhl ..dill Iq t ct ihq emb 111 I el Iha P N I. a qct e ACORD CORPORATION 1988 ACORDP, CERTIFICATE OF LIABILITY INSURANCE DgTEIMMI00f YYY) PRODUCER I ockt.D COmpames LLC I Kansas City 9/30/ 008 7/18/T008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 W 47th Street Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas City MO 64112 1906 HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR (816) 960 9000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED POb I BUCK11 Y SCUM AND RNIGAN INC 1307320 INSURERA. I LOYDS OF LONDON A XV DBA I BS&I INSURER B 2001 NW 107 AVI NU! MIAMI iI 331721507 INSURER rn%A=IaA,r1=Q I'll INeVRER AUTXpRIZEp RIVREBEMATIVE pI PROpULER AND INECCRTIFICATENOLDER 11 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR DO' NSR TYPEOFINSURANCE POLICY NUMBER POLKNEFFECTIVE DATE MMIMNY POLICYEXPIRATION DATE MMIDO/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE -RENTED XXXXXXX COMMERCIAL GENERAL LIABILITY CLAIMS MADE Q OCCUR NO APPLICA1311 MANAGE TO PREMISES Edo . r c $ XXXXXXX MEDEXP(Anyanpp.son) $ XXXXXXX PERSONAL BADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX GENY_ AGGREGATE LIMIT APPLIES PER POLICY JEo- D LOC PRODUCTS COMP/OPAGG $ XXXXXXX AUTOMOBILE LIABILITY ANY AUTO APPLI(ABI I O SINGLE LIMIT COMBINENO (Ea accc dent) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS SODILYINIURY (Per person) $ XXXXXXX HIREDAUTOS NON-OWNEDAUTOS BODILY INJURY (Per accident) $ ,XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY ANY AUTO EXCESSIUMBRELLA LIABILITY OCCUR ( JCLAIMS MADE N07 APPLICA1311 NO F APPI ICABLE AUTO ONLY EAACCIDENT $ XXXXXXX OTHER THAN FAACC AUTO ONLY AGO EACH OCCURRENCE $ XXXXXXX $ XXXXXXX $ XXXXXXX AGGREGATE S XXXXXXX $ XXXXXXX a UMBRELLA DEDUCTIBLE FORM RETENTION $ $ XXXXXXX $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS LIABILITY NOI APPI ICABI I WC STATU OTf4 IMIT ER EL EACH ACCIDENT $ XXXXXXX ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMIEMSER EXCLUDED' EL DISEASE EA EMPLOYEE $ XXXXXXX A A H yes dracpbe under SPECIAL PROVISIONS bi OTHER I I SSIONAIJI OI LV'fiON ABY LIABII I I LDUSA0700811 CI AIMS MADI- HORN 9/30/2007 9/30/2008 E L DISEASE POLICY LIMIT SI 000000 CACTI CI AIM & $1000000 ANNUAI AGGRLGAIL I Ili 1/1961 RFTRODA fE S XXXXXXX DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Rh PBS&J JOB U PI00001461 r CRTICIr ATC Lang MC. 3725168 rORi COI I INS CI FY 01 10 BOX 580 I OR COLI INS CO 80522 25 (2001108) F em Re.. a m a xH n, I I ux mx N*Wal m Fee SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR ACOR a CERTIFICATE OF LIABILITY INSURANCE DADOYV) OT1181018/08 PRODUCER 1 866 220 9625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy and Associates Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2637 South 158th Plaza HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE Omaha Me 68130 INSURED - _- -- -- -- - -- Poet Buckley Schuh & Jernigan Inc INSURER Zurich American Insurance Company/#16535 d/b/a PBS&J _ INSURER Zurich American Insurance Company / #16535 2001 NW 107th Avenue -- - - -- --_ INSURERC Steadfast Insurance Company/#26387 Miami FL 33172 2507 INSURER INSURER E rnvvowccc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LIS. TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRATION — DATE IMMIDONYI A GENERAL LIABILITY GLO 9139458 Ol 09/30/07 09/30/08 LIMITS EACH OCCURRENCE S1 000 000 % COMMERCIAL GENERAL LIABILITY CLAIMS MADE f�OCCUft FIRE DAMAGE (Any ona fxe) $ 1 000 000 X MEDEXP(Any Rwp¢r m) $25 000 ntractual Liability _ PERSONAL S AOV INJURY_ $1 000 000 ---- -- AGGREGATE S 2 000 000 GEN L AGGREGATE LIMIT APPLIES PER _GENERAL PRODUCTS COMPIOPAGG $2 000 000 POLICY X PRO I X LOC — B AUTOMOBILE LIABILITY HAP 9139457 01 09/30/07 09/30/08 X ANY AUTO COMBINED SINGLE LIMIT (Eaacdde I) S2 000 000 ALLOWNEDAUTOS - -_ - BODILYI NJ BODILY INJURY SCHEOULEDAUTOS (Per $ X HIRED AUTOS - X NON OWNED AUTOS BODILY INJURY (Pe e.,den0 $ X Contractual Liability i -- -- — PROPERTY DAMAGE S (Pe .cadent) GARAGE LIABILITY _AUTO ONLY ACCIDENT $ ANY AUTO -EA _ OTHER THAN EA ACC S AUTO ONLY AGG S C EXCESS LIABILITYr AUC 508762303 09/30/07 09/30/08 EACH OCCURRENCE S25 000 000 Xj OCCUR CLAIMS MADE AGGREGATE _ S 25 000 000 DEDUCTIBLE - - --- RETENTION $ 0 - -- - S A AND WORKEEMPLOYERS WC 9139459 Ol 09/30/07 09/30/08 X WC I EMPLOYERS LIABILITY LIABILITY LIMIT ER - ORY_LIMfT$I Eft EL EACH ACCIDENT $1 000 000 EL DISEASE EAEMPLOYEE $1 000 000 i EL DISEASE POLICY LIMIT $ 1 000 000 OTHER e S 5 DESCRIPTION OF OPERATIONSILOCAMONSNEHICLEE CLUSIONS ADDED BY ENDORSEMENTISPECML PROVISIONS RE PrOfeeeiDnal Services Agreement Work Order Type PBS&J Job NPIODO01461 See attached for additional wording CPRTICICATC W^1 ncD I I ... ...---- __ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION t Collins City of DATE THEREOF THE ISSUING INSURER WILL dW4M9'di71Ye4 MAIL 90 DAYS WRITTEN n John Stephan NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 9W3%XVX9XffZb B 1(XX Be. 580 x11G17f#d477P{if3Nf16W1fc7NG{KiFNSCif1171D[AB31D6YNNAfBUpY,1{xaYIAOIEIIYdIi{Rx Port Collins CO 80522 AUTNDftIZED REPRESENTATIVE _s�/XiY USA CJ��f,, � I ACORD 25-S (7/97) Sanderson O AC( 9359349 CerDficate Delivery by CertlflcateSNow Www CosfirmNel com 8776698600 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 07/18/08 Post Buckley Schuh & Jernigan Inc d/b/a PBS&J Additional Insured on the General Liability & Auto Liability on a Primary & Non Contributory basis including completed operations Where Required by Contract (GL ONLY) General Liabiltiy Aggregate limit applies per Protect Blanket Additional Insured Le6BOr/Lose Payee on the Auto Liability Waiver of Subrogation on the General Liability Auto Liability and Workers Compensation Where Required by Contract Umbrella follows form to the Additional Insureds on the General Liability NOTICE OF CANCELLATION WORDING SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL NAIL 30 60 OR 90 DAYS WRITTEN NOTICE WHERE REQUIRED BY CONTRACT EXCEPT 10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER MANED ON THE ATTACHED CERTIFICATE 9 Project Drawings Upon conclusion of the project and before final payment the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed Drawings shall be of archival prepared on stable mylar base material using a non fading process to provide for long storage and high quality reproduction CD disc of the as built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard 10 Monthly Report Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order Work Schedule and other material information Failure to provide any required monthly report may at the option of the City suspend the processing of any partial payment request 11 Independent Contractor The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Professionals compensation hereunder for the payment of FICA Workers Compensation other taxes or benefits or for any other purpose 12 Personal Services It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services Accordingly the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City 13 Acceptance Not Waiver The Citys approval of drawings designs plans specifications reports and incidental work or materials furnished hereunder shall not in anyway relieve the Professional of responsibility for the quality or technical accuracy of the work The City s approval or acceptance of or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement 4 14 Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this agreement such party may be declared in default 15 Remedies In the event a party has been declared in default such defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event the default remains uncorrected the party declaring default may elect to (a) terminate the Agreement and seek damages (b) treat the Agreement as continuing and require specific performance or (c) avail himself of any other remedy at law or equity If the non defaulting party commences legal or equitable actions against the defaulting party the defaulting party shall be liable to the non defaulting party for the non defaulting party s reasonable attorney fees and costs incurred because of the default 16 Binding Effect This writing together with the exhibits hereto constitutes the entire agreement between the parties and shall be binding upon said parties their officers employees agents and assigns and shall inure to the benefit of the respective survivors heirs personal representatives successors and assigns of said parties 17 Law/Severability The laws of the State of Colorado shall govern the construction interpretation execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement 18 Prohibition Against Employing Illegal Aliens Pursuant to Section 8 17 5 101 C R S et seq Service Provider represents and agrees that a As of the date of this Agreement 1 Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and 2 Service Provider will participate in either the e Verify program created in Public Law 208 104th Congress as amended and expanded in Public Law 5 156 108th Congress as amended administered by the United States Department of Homeland Security (the e Verify Program ) or the Department Program (the Department Program ) an employment verification program established pursuant to Section 8 17 5 102(5)(c) C R S in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement b Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement c Service Provider is prohibited from using the e Verify Program or Department Program procedures to undertake pre employment screening of fob applicants while this Agreement is being performed d If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Service Provider shall 1 Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien and 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien e Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department ) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8 17 5 102 (5) C R S f If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8 17 5 102 C R S the City may terminate this Agreement If this Agreement is so terminated Service Provider shall be liable for actual and consequential damages to the City arising out of Service Providers violation of Subsection 8 17 5 102 C R S R g The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach 19 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D CDOT and Federal Requirements consisting of Seven (7) pages attached hereto and incorporated herein by this reference VA �pt �p0 ci SEAL l� THE CITY OF FORT COLLINS COLORADO By LllFu—,A Jay6,dsB 0Neill li CPPO FNIGP ctor of Purchasing & Risk Management Date 7 3a—of r oo&J By I JJ Kennethurns Title I&I �t51c1l1 T CORPORATE PRESIDENT OR VICE PRESIDENT Date 1` » 0 8 ATTEST x(Corporate Seal) Corporate Se retary Soft Schaffer 'q,M secrotarY Jr J 0 0 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PBS&J DATED July 15 2008 Work Order Number Purchase Order Number Project Title Commencement Date Completion Date Maximum Fee (time and reimbursable direct costs) Project Description Scope of Services Acceptance Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control Professional m Date The attached forms consisting of _ U pages are hereby accepted and incorporated herein by this reference and Notice to Proceed is hereby given City of Fort Collins James B O Neill II CPPO FNIGP Director of Purchasing and Risk Management (over $30 000 00) Date