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Home My WebLink About424631 KENNEDY JENKS - CONTRACT - BID - 7144 GREASE TRAP INSPECTIONSPROFESSIONAL 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 Kennedy/Jenks Consultants, hereinafter referred to as "Professional'. 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 7144 Grease Trap Inspections, issued by the City. The general scope of services is defined in Exhibit "A", consisting of one (1) page and incorporated herein by this reference. A blank sample of a work order is attached hereto as Exhibit "B", consisting of one(1) pages 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 anytime limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence July 15, 2010, and shall continue in full force and effect until July 14, 2011, 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to 1 stdwopsa rev 03/10 EXHIBIT C COST ESTIMATE COST ESTIMATE Kennedy/Jenks proposes to perform the Scope of Work indentified above on a time and materials basis and in accordance with the attached billings rates, not to exceed an annual budget of $38,000. This is based on an estimated $16,500 per semi-annual inspection plus an estimated $2,500 per additional "accelerated" inspection, as shown below: Quarter 1 Semi -Annual 210 facilities $16,500 Quarter 2 Accelerated 10 faciliteis $ 2,600 Quarter 3 SemkAnnual 210 faciliteis $16,500 Quarter 4 Accelerated 10 facilities $ 2,500 Total Annual Budget $38,000 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled, to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Kennedy/Jenks Consultants 201-0 BILLING RATES Classification Engineer -Scientist -Specialist 9.................................................... Engineer -Scientist -Specialist 8.................................................... Engineer -Scientist -Specialist 7.................................................... Engineer -Scientist -Specialist 6............>....................................... Engineer -Scientist -Specialist 5.................................................... Engineer -Scientist -Specialist 4.................................................... Engineer -Scientist -Specialist 3.................................................... Engineer -Scientist -Specialist 2.................................................... Engineer -Scientist -Specialist 1.................................................... Designer -Senior Technician......................................................... CAD-Technician.......................................................................... Administrative Manager/Project Administrator/Marketing Manager Administrative Assistant............................................................... Aide.................................................................:........................... Engineers & Scientists 143 Union Boulevard, Suite 600 Lakewood, Colorado 80228 303-985-3636 FAX 303-985-3800 TOLL FREE 1-866-535-5285 www.KennedyJenks.com Hourly Rate Range $170 - 185 $155 - 169 $141 - 154 $126 - 140 $103 - 125 $ 92 - 102 $ 82 - 91 $ 72 - 81 $ 68 - 71 $ 76 - 85 $ 62 - 75 $ 56 - 60 $ 54 - 55 $ 48 - 53 In addition to the above Hourly Rates, a three percent charge will be added to the individual rate charges for computer systems and normal incidental copies, communications and postage. DIRECT EXPENSES Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost for items such as: Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, contractors, and other outside services. c.. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for vehicles used in connection with the work will be at the rate of 50 cents per mile or at a negotiated monthly rate. CO.1.10 Effective 2/1/2010 INDIVIDUAL BILLING RATES INDIVIDUAL ENGINEERS Gordon C. Meurer Dave Myers Mike Barnes Paul D. Goldfain Greg S. Sekera Thomas J. Napolilli Jodi Villa Christopher S. Douglass Craig Patterson Cliff Netuschil Aimee T. Fitzhugh Lisa J. Schwien Emily C. Allen Kyle G. Beck DESIGNERS AND TECHNICIANS Sarah Levy Diane Anthony Lisa Baker FIELD Robert D. Mott Robert S. Markoski ADMINISTRATIVE Donna A. Glodava Susan E. Redick Kristine Thorpe Heather Campbell Tanya K. Arguello TITLE Kennedy/Jenks Consultants Engineers & Scientists 143 Union Boulevard, Suite 600 Lakewood, Colorado 80228 303-985-3636 FAX 303-985-3800 TOLL FREE 1-866-535-5285 www.KennedyJenks.com CLASSIFICATION RATE Vice President 8 $160.00 Senior Client Manager 8 $160.00 Senior Project Manager 7 $151.00 Senior -Project Manager 7 $151.00 Senior Project Manager 7 $151.00 Senior Project Manager 7 $151.00 Project Manager 7 $142.00 Project Manager 6 $131.00 Senior Project Engineer 6 $131.00 Project Engineer 5 $112.00 Project Engineer 5 $108.00 Project Engineer 5 $108.00 Engineer 3 $ 89.00 Engineer 3 $ 89.00 CAD/Database Resource Specialist 2 $ 77.00 Technical Assistant 2 $ 77.00 CAD Technician 2 $ 75.00 Senior Field Specialist 4 $ 94.00 Field Specialist 4 $ 94.00 Administrative Manager 3 $ 58.00 Project Administrator 310 $ 58.00 Marketing Manager 4 $ 58.00 Administrative Assistant 320 $ 55.00 Administrative Assistant 320 $ 55.00 CO.1.10 Effective 2/1/2010 Date: 7/27/2010 Time: 10:00 AM To: Opal Dick @ 1-970-221-6707 510-452-2193 Page: 002 1— L;nenra: zzu KtNNtGUN51 ACORD., CERTIFICATE 4F LIABILITY INSURANCE o„271 o°""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. BOX 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510465-3090 David C. Eckman INSURERS AFFORDING COVERAGE INSURED INSURER A: Zurich American Insurance Co. Kennedy/Jenks Consultants, Inc. INSURER B: American Automobile Ins. Co. 303 Second Street, Suite 300 South INSURER C: Steadfast Ins. Co. San Francisco, CA 94107 INSURER D: INSURER E: COVERAGES 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. NSR I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE MMfDDNY DATE MM/DD/YY LIMITS A GENERAL LIABILITY GL0921166604 10/01/09 10/01/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $1,000,000 CLAIMS MADE n OCCUR MED EXP (Any one person) $5,000 X XCU Included PERSONAL &ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIM ITAPPL IES PER: PRODUCTS-COMP/OPAGG $2,000,000 17 POLICY X PJECROT LOC B AUTOMOBILE LIABILITY MZA80275342 10101109 10101110 COMBINED SINGLELIMIT - $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS - BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS ' BODILY INJURY $ X NON-OWNEDAUTOS (Peraccident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WZP80977210 10101/09 10/01/10 X WC LIMIT ER TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 Stop -Gap Liab. State of E.L. DISEASE - EA EMPLOYEE $1,000,000 Washington E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional PEC921166304 10101/09 10/01/10 $1,000,000 per Claim Contractor's $1,000,000 Annl Aggr. ollution Liab. DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: 7144 Grease Trap Inspections. GENERAL LIABILITYIAUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Fort Collins. VLn Nrl<^ I F. MiLIJGR I AUUIIIUNALINBUKEU;INSUKEKLEITER: L.ANI I=LLA I IUN r Fort Collins, City of Financial Services Attn: Opal F. Dick 215 North Mason Street, 2nd Floor Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WVX67XMXMTOMAIL3.0DAYSWRITEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT,X7=X)M0WX)00@Q0MK AUTHORIZED AGUKU 19S (/19O1 of 1 #M259023 DAC 0 ACORD CORPORATION 1988 the Professional 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: Kennedy/Jenks Consultants City of Fort Collins City of Fort Collins Attn: Ms. Jodi Villa Attn: John Haukaas Attn: Purchasing 143 Union Boulevard, Suite 600 PO Box 580 PO Box 580 Lakewood, CO 80228 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 Professional's sole right and remedy for such termination. 6. Design, Project 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 shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000.00. 2 stdwopsa rev 03/10 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 one (1) page, 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. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's 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 shal I 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. 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. 3 stdwopsa rev 03/10 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 Professional's 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 City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way 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. 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. 4 stdwopsa rev 03/10 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 shal l 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., Professional, represents and agrees that: a. As of the date of this Agreement: Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 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 1 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. Professional 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. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or. contracts with an illegal alien, Professional shall: Notify such subcontractor and the City within three days that Professional 5 stdwopsa rev 03/10 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 Professional 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. Professional 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 Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of F ederal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City's covered accounts. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. 6 stdwopsa rev 03/10 THE CITY OF FORT COLLINS, COLORADO am s B. O'Neill II, CPPO, FNIGP it for of Purchasing & Risk Management Date: � /, 12 / `u Kennedy/Jenks Consultants -LVC.. By: frO44L Title: f 4q Fwl wwr CORPORATE PRESIDENT OR VICE PRESIDENT Q Date: � Rpr 25, w1 U TT�� AEST: a4jr�y f�G�ru4U �u rteae�7� ��" ) b � 3 L f x nOp�O Ob0o0a .+'. �Ll/O�v ( Corporate Seal) Corporate SecretaryDONALD R. WEIDEN N stdwopsa rev 03/10 EXHIBIT A SCOPE OF SERVICES SCOPE OF COMPANY'S SERVICES A. Perform regular grease trap inspections and follow-up inspections as needed. The company shall develop an inspection scheduling program based on semi-annual inspections for installations and more frequent,inspections for those locations with a history of violations or problems as determined by City staff. B. As new grease traps are discovered or built, provide to the City an updated listing of all grease traps that are known in the Ft. Collins Utilities Service Area. C. Provide an alphabetical list of company names and phone numbers that currently provide grease trap pumping services in Fort Collins to grease trap owners upon request. This list must be verified and updated at least annually. DELIVERABLES • One time drawing of each restaurant or designated site with the location of the grease interceptor for all new grease trap installations'. • Notice of inspection (verbal) to business representative. • Written Failure Notice to Owner. • Summary of Failure Notices to the City on a weekly basis. • Updated Master List'of grease traps with each! installation. • Quarterly report of inspections performed. • Current list of pumping companies. • Provide City with written documentation of criteria used to pass/fail inspections. PROHIBITIONS The company shall not provide grease trap cleaning or pumping services for any traps they have inspected and shall not recommend any one company over -another to provide those services. CHANGES IN ASSIGNED PERSONNEL The City of Fort Collins must approve all employees prior to commencing inspection work in Fort Collins. Any change to personnel assigned to the Fort Collins Utility program will need to be approved prior to implementation of change. Employees shall conduct business in a professional manner. All employees shall openly where identification that clearly shows who they work for and the purpose of any site visitation. ITEMIZED MONTHLY BILLINGS All submittals for payment shall be submitted in an itemized format on a monthly basis with a copy to Ron Russell. stdwopsa rev 03/10 EXHIBIT B WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Kennedy/Jenks Consultants DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: User Acceptance Professional agrees to perform the services City of Fort Collins identified above and on the attached forms in accordance with the terms and conditions Submitted By: contained herein and in the Professional Project Manager Services Agreement between the parties., In the Reviewed by: event of a conflict between or ambiguity in the Senior Utility Engineer terms of the Professional Services Agreement Date: and this work order (including the attached forms) the Professional Services Agreement Approved by: shall control. Utilities General Manager The attached forms consisting of Exhibits _, _ Date: consisting of (_) pages are hereby accepted and incorporated herein, by this Approved by: _ reference, and Notice to Proceed is hereby Director of Purchasing & Risk Management given. (if over $60,000) Date: Professional: By: Date: cc: Purchasing