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HomeMy WebLinkAbout133693 CGRS INC - CONTRACT - RFP - 8631 GENERAL ENVIRONMENTAL SERVICESPROFESSIONAL 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 CGRS, INC., hereinafter referred to as the "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 8631 General Environmental Services, issued by the City. 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. A general statement of work is attached hereto as Exhibit C, consisting of four (4) 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. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 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 February 28, 2018, and shall continue in full force and effect until February 27, 2019, 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. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) 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 Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 1 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 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: Copy to: CGRS, Inc. Attn: Glen Vallance 1301 Academy Court Fort Collins, CO 80524 City of Fort Collins Attn: Errin Henggeler PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 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 insurance in accordance with Exhibit E, consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis designated in Exhibit D, consisting of nine (9) 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. 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. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 2 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of the 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. 10. Project Drawings. Upon request 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 quality, 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. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, the 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. 12. Independent Contractor. The services to be performed by the 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 the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 13. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 3 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit E, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 4 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The 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 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. The 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. The 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 the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional 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 the 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. The 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 the 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, the Professional shall be liable for actual and Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 5 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 consequential damages to the City arising out of the 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. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit F – Confidentiality and Exhibit G – Fort Collins Expense Guidelines, consisting of three (3) and two (2) pages respectively, attached hereto and incorporated herein by this reference. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 6 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: CGRS, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 7 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 Associate Hydrologist Glen Vallance 3/2/2018 Assistant City Attorney 3/7/2018 City Clerk EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PROFESSIONAL'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: 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 Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 8 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 9 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 EXHIBIT C STATEMENT OF WORK This section is intended to outline the categories in the general scope of work that may be needed by the City. It is possible that additional or extended similar services may be required at some point in time, and the City may choose to utilize the Consultant under such circumstances. These services could be applicable to City properties, operations, and/or services. Contract(s) resulting from this RFP will be made available to all City departments; use of such contract(s) will be at the option of those departments, depending upon their needs. However, the City makes no assurance that any specific service described in this section will be needed during the term of any contract that may be awarded pursuant to this Request for Proposal. Work performed pursuant to contract(s) executed pursuant to this Request for Proposals will be authorized by Work Order. As work arises, the City will contact one of the awarded Consultants and discuss the scope of work, ensuring that the Consultant’s team is a good fit for the work and the Consultant has the time available for the project. The Consultant will create a Scope of Work for the project. The Consultant shall provide all personnel, equipment and supplies necessary to complete the services set forth in the Scope of Work. Scope details, project schedule, deliverables, hours, hourly rates and personnel will be detailed as part of the project Work Order for each individual project. Fees will be based on those submitted in the RFP response and negotiated in an “open book” manner. A. Environmental Assessment and Investigation The Consultant will work with the City to: 1. Perform due diligence assessments (Phase I and Phase 2 Environmental Site Assessments in accordance with ASTM standards) of property to be acquired by the City, including recommendations regarding the potential liability associated with a property. 2. Perform Phase 2 investigations associated with and in support of the above property transfer due diligence assessments. 3. Provide, on an as-required basis, integrated services for the collection, analysis, and interpretation of environmental samples (air, water, soil, biota, and wastes). 4. Design and perform subsurface soil and groundwater investigations and waste characterization studies associated with leaking underground tanks, release of hazardous substances, or other environmental impacts. These services are to include the capability of providing drilling and sample collection, and analytical and laboratory services. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 10 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 5. Above Ground Storage Tank (AST) and Underground Storage Tank (UST) tank and line integrity testing, maintenance, and other associated tank and line requirements; investigate, monitor and remediate petroleum releases from the City’s fixed facilities and associated tanks; and submit any required paperwork to the Division of Oil and Public Safety and other state divisions as required. 6. Advise the City in matters associated with contaminant transport, hydrogeology, geology, environmental chemistry, and related disciplines needed to assess the potential environmental exposure to hazardous substances releases. 7. Advise the City on matters associated with Superfund, state mandated cleanups, underground storage tank programs, voluntary cleanup program, and other investigative type programs. Prepare Spill Prevention, Control, and Countermeasure Plans. 8. Advise the City on issues associated with the use and release of petroleum fuels, chlorinated solvents, PCBs, metals, and other constituents that may represent a threat to human health and the environment. B. Remedial Technology Selection and Implementation The Consultant will work with the City to: 1. Perform a remedial investigation that includes site characterization to evaluate the impact of environmental releases of hazardous substances and petroleum hydrocarbons to all impacted environmental media and evaluate the impacts to human health and the environment. 2. Ability to perform a remedial alternatives analysis to support cleanup or mitigation of impacts from release of hazardous substance and petroleum hydrocarbons. 3. Develop Project-specific Regulated Asbestos Contaminated Soils (PSRMP) Management Plans in accordance with state regulations. Provide oversight on City projects related to compliance with said management plans. 4. Perform excavation oversight and materials management services for environmentally contaminated properties. 5. Design, implement, and/or manage environmental remediation projects, including excavation and disposal, in-situ treatment of soil and groundwater, vapor extraction, bioventing, groundwater pump-and-treat projects, and intrinsic remediation technologies. These services are to include obtaining any necessary regulatory agency permits and/or approvals. 6. Prepare necessary reports and submittals, both for the City and for any other relevant regulatory or public agency. 7. Excavate and contain hazardous and non-hazardous contaminated materials. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 11 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 8. Collect and/or treat contaminated water. 9. Provide post-cleanup site assessment, following appropriate site closure procedures. C. Ecological Assessment and Permitting The Consultant will work with the City to: 1. Design and conduct assessments of the impact of various programs (i.e., road construction) on ecological receptors such as riverine and wetland environment and terrestrial habitats. 2. Advise the City in matters associated with environmental permits (i.e. 404 permit for wetland activity and construction dewatering permits), including the preparation and submittal of such permits. 3. Advise the City in matters associated with projects to improve, manage, and develop habitat. 4. Design site revegetation and restoration projects. 5. Conduct assessments of threatened and endangered species, migratory birds, State species of concern, and raptors including Golden and Bald Eagles D. Regulatory Compliance Assistance with Cleanup Programs The Consultant will work with the City to: 1. Evaluate the applicability of local, state and federal programs, (e.g., voluntary cleanup programs, US EPA brownfields assessment and cleanup programs, the Division of Oil and Public Safety Petroleum Cleanup and Redevelopment program, and local policies or land use codes) for implementation at City properties, or properties of interest to the City, and prepare the plans required to implement such actions. E. Environmental Auditing The Consultant will work with the City to: 1. Design and conduct audit programs needed to assess activities and services, and assure environmental compliance. 2. Develop specific protocols for auditing environmental, health, and safety compliance and related issues. 3. Provide and report on specific environmental, health, and safety compliance assessments. 4. Design and provide oversight for environmental management systems and associated programs in accordance with ISO 14001 standards. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 12 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 F. Human Health and Environmental Risk Assessment The Consultant will work with the City to: 1. Review work plans for or evaluate the implications of completed ecological and human health risk assessments on City operations or properties. G. Stormwater, Surface Water and Groundwater Permitting, Monitoring, Modeling, and Compliance The Consultant will work with the City to: 1. Develop and prepare Industrial Stormwater permits. 2. Perform surface water monitoring, record keeping, and reporting. 3. Prepare routine and special reports of water quality data. 4. Develop and prepare dewatering permits. 5. Assistance with hydrogeological analyses. H. Air Quality Permitting, Monitoring, Modeling, and Compliance The Consultant will work with the City to: 1. Develop and prepare air permits. Perform air monitoring, record keeping, and reporting. Prepare routine and special reports of air quality data. 2. Advise the City on implications of pending or proposed federal, state, regional, or local air quality laws, regulations, ordinances, and standards. 3. Advise and assist in the development or review of risk management plans for responding to the accidental release of regulated substances. 4. Prepare air hazard assessment regarding release scenarios, zones of impact, identification of impacted receptors. I. Litigation Support/Expert Technical Analysis Upon request by the City Attorney’s designee or the Executive Director’s designee, the Consultant shall provide environmental litigation support and technical assistance as indicated below: 1. Testifying and non-testifying experts – provide testifying experts and non-testifying experts. 2. Training - provide training on topics, such as the Clean Water Act, control technologies, groundwater and associated fate and transport. 3. From Expert evaluation of existing information, such as the review and interpretation of chemical, hydrogeologic, and risk data. PLEASE NOTE: CP Compliance will be the primary contractor the City of Fort Collins uses for assistance with the Colorado MS4 permit related programs and documents. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 13 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 EXHIBIT D FEE SCHEDULES Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 14 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 CGRS PHASE I FEE SCHEDULE 2018 Project Location: Fort Collins, Colorado Quantity Unit Rate Cost Markup Total Field Time Fieldwork Prep: 1 hrs@ $65.00 $65.00 $0.00 $65.00 Field Time: 3 hrs@ $65.00 $195.00 $0.00 $195.00 Subtotal: $260.00 Office Time Research & Report: 10 hrs@ $83.00 $830.00 $0.00 $830.00 Report Review: 2.5 hrs@ $97.00 $242.50 $0.00 $242.50 Drafting: 2 hrs@ $58.00 $116.00 $0.00 $116.00 Clerical: 2 hrs@ $47.00 $94.00 $0.00 $94.00 Subtotal: $1,282.50 Phase I Date Material Costs EDR Database/ Lien: 1 each@ $550.00 $550.00 $82.50 $632.50 Subtotal: $632.50 Total Project Cost: $2,175.00 *No Exclusions. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 15 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 CGRS ENVIRONMENTAL SERVICES FEE SCHEDULE 2018 Consultant Labor: POSITION RATE MARKUP RECOGNIZED ENVIRONMENTAL CONSULTANT RATE Principle * $149.00 NA Senior Engineer/Scientist * $123.00 NA Project Manager $117.00 NA Project Engineer/Scientist $97.00 NA Staff Engineer/Scientist $83.00 NA Senior Technician $65.00 NA Draftsperson $58.00 NA Staff Technician $52.00 NA Clerical/Courier $47.00 NA **Not to exceed 10% of total project labor hours ACTIVITY RATE MARKUP Airline Travel Per Ticket NA Lodging (GSA prevailing rate) ** Per Day NA Meals (GSA prevailing rate) ** Per Day NA Mileage (IRS prevailing rate) *** Per Mile NA *Airline travel will be reimbursed only to the dollar equivalent of 800 miles at the vehicle mileage rate **Rates not to exceed GSA lodging rate plus applicable taxes ***Rates not to exceed IRS mileage rate CGRS Equipment/Materials: ACTIVITY RATE UNIT/FREQUENCY MARKUP Miscellaneous Field Supplies $12.00 Per Day Per Site NA Water Level Indicator $25.00 Per Day NA Interface Probe $60.00 Per Day NA Organic Vapor Meter $75.00 Per Day NA Explosimeter $65.00 Per Day NA DO/ORP Meter $50.00 Per Day NA pH Meter $30.00 Per Day NA Data Logger $155.00 Per Day NA Anemometer – Air Velocity Meter $25.00 Per Day NA Air Sampling Pump $10.00 Per Day NA Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 16 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 CGRS Equipment/Materials Continued: ACTIVITY RATE UNIT/FREQUENCY MARKUP Pressure/Vacuum Gauges and Valves (Portable) $20.00 Per Day NA Magnetic Locator $45.00 Per Day NA Water Sampling Pump $30.00 Per Day NA Water Quality Meter (YSI 556) $150.00 Per Day NA Centifugal Pump $30.00 Per Day NA Submersible Pump $10.00 Per Day NA Utility Pump $50.00 Per Day NA O2/CO2 Meter $50.00 Per Day NA Hand Auger $10.00 Per Day NA Measuring Wheel $10.00 Per Day NA Transportable Treatment Unit (Vac-Trailer) $110.00 Per Hour NA Bailers (Disposable) $6.00 Each 10% Air Compressor $40.00 Per Day NA Digital Camera $20.00 Per Day NA Generator $50.00 Per Day NA Soil Vapor Extraction Blower $50.00 Per Day NA Mobile Remediation Unit (SVE/AS) $750.00 Per Day NA Injection Trailer-Includes centrifugal/trash pump, hoses, fittings, water and mix tanks $375.00 Per Day NA Survey Equipment $45.00 Per Day NA Drums $55.00 Each 10% Plastic Sheeting (10x100 ft roll, 6 mil) $60.00 Each 10% Oxygen Tank (K cylinder) $50.00 Per Month 10% Tubing (<1/2 inch vinyl or nylon) $1.00 Per Foot 10% Direct Push: ACTIVITY RATE UNIT/FREQUENCY MARKUP Direct Push $10.00 Per Foot 10% Direct Push, minimum rate $400.00 Per Day 10% Equipment Mileage $2.75 Per Mile 10% Temporary Well Installation $25.00 Per Well (includes all materials) 10% Permanent Well Installation $9.50 Per Foot (excludes locks & permits) 10% Well Abandonment $50.00 Per Well (includes materials & labor) 10% Soil Vapor Implant Materials $125.00 Per Point 10% Decontamination $100.00 Per Day 10% Monitoring Well Permit $100.00 Per Well 10% Remediation Well Permit $100.00 Per Well 10% Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 17 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 Drilling: ACTIVITY RATE UNIT/FREQUENCY MARKUP Drilling (2” well, auger, <50’) $18.00 Per Foot 10% Drilling (2” well, auger, portion > 50’) $20.50 Per Foot 10% Drilling (4” well, auger, <50’) $20.50 Per Foot 10% Drilling (4” well, auger, portion > 50’) $23.50 Per Foot 10% Mobilization/Demobilization $4.00 Per Mile 10% Completion of borehole as 2” monitoring well $18.00 Per Foot (includes materials & labor) 10% Completion of borehole as 4” monitoring well $27.00 Per Foot (includes materials & labor) 10% 2” Well Abandonment $7.85 Per Foot (includes materials & labor) 10% 4” Well Abandonment $11.75 Per Foot (includes materials & labor) 10% Soil Vapor Implant Materials $125.00 Per Point 10% Monitoring Well Permit $100.00 Per Well 10% Remediation Well Permit $100.00 Per Well 10% Decontamination $100.00 Per Day 10% Excavation, Transportation and Disposal of Petroleum-Contaminated Soils: ACTIVITY RATE UNIT/FREQUENCY MARKUP Mileage (in excess of 40 miles one-way) $0.14 Per Mile Per Cu Yd 10% Excavation and Loading $11.25 or $8.04 Per Cu Yd or Per Ton 10% Transportation of Contaminated Soil $11.00 or $7.86 Per Cu Yd or Per Ton 10% Disposal of Contaminated Soil $20.00 or $14.30 Per Cu Yd or Per Ton 10% Backfill and Compaction, clean site fill $5.50 Per Cubic Yard 10% Backfill and Compaction, imported $12.50 or $8.93 Per Cu Yd or Per Ton 10% Asphalt Removal and Disposal $2.50 Per Cu Ft 10% Concrete Removal and Disposal $3.50 Per Cu Ft 10% Asphalt Replacement, 4” thick $3.25 Per Cu Ft 10% Concrete Replacement, 4” thick $7.00 Per Cu Ft 10% Miscellaneous Field Supplies $12.00 Per Site Per Day 10% Groundwater Sampling: ACTIVITY RATE UNIT/FREQUENCY MARKUP Sample wells-includes all labor & equipment $100.00 Per Well NA Gauging geochemical/water quality parameters for wells not sampled-includes all labor & equipment* $15.00 Per Well NA Slug Testing-includes labor & equipment to slug test 3 wells $1,907.00 Per Event NA *Not to exceed 15 minutes per well tested Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 18 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 Laboratory Analysis: ACTIVITY RATE UNIT/FREQUENCY MARKUP BTEX $65.00 Per Sample 10% TVPH $55.00 Per Sample 10% TEPH $70.00 Per Sample 10% TRPH $63.00 Per Sample 10% MTBE (separate test) $65.00 Per Sample 10% Oil & Grease $65.00 Per Sample 10% BTEX/TVPH $65.00 Per Sample 10% BTEX/MTBE $65.00 Per Sample 10% BTEX/MTBE/TVPH $65.00 Per Sample 10% PCB screen $100.00 Per Sample 10% VOA $150.00 Per Sample 10% Semi-VOA $285.00 Per Sample 10% Total Lead (Pb) $28.00 Per Sample 10% TCLP Pb-Includes extraction $84.00 Per Sample 10% TCPL Pb & Cr-Includes extraction $97.00 Per Sample 10% TCLP VOA $220.00 Per Sample 10% TCLP 8 RCRA Metals $160.00 Per Sample 10% Ignitability/Flashpoint $40.00 Per Sample 10% Corrosivity $14.00 Per Sample 10% Paint filter test $19.00 Per Sample 10% Reactivity-sulfide $41.00 Per Sample 10% Reactivity-cyanide $41.00 Per Sample 10% WET Test (acute test) $850.00 Per Sample 10% BTEX (soil vapor by Tedlar) $105.00 Per Sample 10% BTEX (soil vapor by Summa) $225.00 Per Sample 10% VOA (indoor air) $275.00 Per Sample 10% Semi-VOA (16 Prority PAH’s) $160.00 Per Sample 10% Microbe/Plate Count $35.00 Per Sample 10% Field test kits $8.00 Per Sample 10% BTEX/TVPH (emissions) $135.00 Per Sample 10% Total Suspended Solids (TSS) $20.00 Per Sample 10% TDS $20.00 Per Sample 10% Alkalinity $20.00 Per Sample 10% Total and Ferrous Iron $55.00 Per Sample 10% Nitrate $21.00 Per Sample 10% Sulfate $22.00 Per Sample 10% BOD $40.00 Per Sample 10% COD $30.00 Per Sample 10% TOC $35.00 Per Sample 10% FOC $60.00 Per Sample 10% Phosphate* Sample Per Sample 10% Sample Shipping** Sample Per Sample 10% *Cost + 10% markup **Sample shipping is billed at cost + markup when applicable Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 19 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 Report Submittals: ACTIVITY RATE UNIT/FREQUENCY MARKUP Monitoring and Remediation Report (MRR) – no system $1,762.00 Per Report NA Monitoring and Remediation Report (MRR) – system/implementation report $2,570.00 Per Report NA Corrective Action Plan* Report Per Report NA CAP Modification* Report Per Report NA Site Decommissioning Report* Report Per Report NA *Report rates based on time to generate report On-Site Utilities – Permits: ACTIVITY RATE UNIT/FREQUENCY MARKUP On-site Utilities Cost Each 10% Permits Cost Each 10% Investigation-Derived Waste: ACTIVITY RATE UNIT/FREQUENCY MARKUP Soil Disposal (not dig and haul) $20.00 Per Cubic Yard 10% Soil Disposal (not dig and haul) $14.30 Per Ton 10% Soil Disposal (not dig and haul) $100.00 Per Drum 10% Water Disposal (off-site treatment) $0.60 Per Gallon 10% Subcontractor: ACTIVITY RATE UNIT/FREQUENCY MARKUP Private Property Utility Locator $200.00 Per Visit 10% Subcontractor Vacuum Truck (fluids) $110.00 Per Hour 10% Potholing (includes coring) $150.00 Per Hour 10% Potholing Mileage $2.75 Per Mile 10% Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 20 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 EMERGENCY RESPONSE SERVICES FEE SCHEDULE 2018 Environmental Services: ACTIVITY STRAIGHT RATE OVERTIME RATE UNIT FREQUENCY Principle ** $149.00 $149.00 Per Hour Senior Engineer/Scientist ** $123.00 $123.00 Per Hour Project Manager ** $117.00 $117.00 Per Hour Project Engineer/Scientist $97.00 $97.00 Per Hour Staff Engineer/Scientist $83.00 $95.00 Per Hour Senior Technician $65.00 $95.00 Per Hour Draftsperson $58.00 $85.00 Per Hour Staff Technician $52.00 $85.00 Per Hour Clerical/Courier $47.00 $80.00 Per Hour Miscellaneous: ACTIVITY RATE UNIT/FREQUENCY MARKUP Mobilization $0.535 Per Mile NA Meals GSA Prevailing Rate Per Day NA Lodging Cost Per Day 10% Parts & Materials Cost Each 10% Subcontractor Costs Cost Each 10% Equipment and Supplies: ACTIVITY RATE UNIT/FREQUENCY MARKUP Air Compressor $30.00 Per Day NA Air Velocity Meter $20.00 Per Day NA Bailer $15.00 Each NA Brass Liners $7.00 Each NA Centrifugal Pump $30.00 Per Day NA Concrete Coring – 6” core $90.00 Each NA Concrete Coring – 12” core $135.00 Each NA CO2/O2 Meter $50.00 Per Day NA Datalogger/Transducer $200.00 Per Day NA Camera $20.00 Per Day NA Drums $80.00 Each NA Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 21 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 EMERGENCY RESPONSE SERVICES FEE SCHEDULE 2018 ACTIVITY RATE UNIT/FREQUENCY MARKUP Drum Pump/Vacuum $100.00 Per Day NA Electric Pneumatic Submersible Pump $75.00 Per Day NA Explosimeter $30.00 Per Day NA Field Sampling Supplies $20.00 Per Day NA Flow through cell $10.00 Per Day NA Gas sample bag $20.00 Each NA Generator $50.00 Per Day NA Hand Auger $10.00 Per Day NA Hand operated pump $25.00 Per Day NA Hazardous equipment boots $10.00 Each NA Health and Safety Tubes $20.00 Each NA Level C Respirator $25.00 Per Day NA Locking well cap $25.00 Each NA Magnetic Locator $50.00 Per Day NA Measuring Wheel $10.00 Per Day NA Mechanical pump puller $55.00 Per Day NA Nitrile Gloves $5.00 Per Pair NA Organic Vapor Meter $75.00 Per Day NA Organic Vapor Monitoring Badge $20.00 Each NA Padlock $15.00 Each NA Peristaltic Air Sampling Pump $20.00 Per Day NA Peristaltic Sampling Pump $25.00 Per Day NA pH/Conductivity Meter $20.00 Per Day NA Potholing (utility clearance) $150.00 Each* NA Potholing Mileage $2.75 Per Mile NA Product/Water Interface Probe $30.00 Per Day NA Respirator Cartridges $16.00 Per Pair NA Sign for Hazardous Environment $16.00 Each NA Soil Vapor Extractor $50.00 Per Day NA Submersible Pump (low flow) $10.00 Per Day NA Survey Equipment $50.00 Per Day NA Tyvek Suit $15.00 Each NA Vacuum Trailer $110.00 Per Hour NA Water Filtration Kit $25.00 Per Day NA Water Level Indicator $20.00 Per Day NA Water Quality Meter – multi parameter $150.00 Per Day NA Water Sampling Kit $8.00 Per Well NA Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 22 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 EMERGENCY RESPONSE SERVICES FEE SCHEDULE 2018 EMERGENCY CALL LINE: 800.288.2657 NOTES *12-inch diameter to approximately 5 feet bgs **Port-to-port  All subcontractors, additional equipment & materials will be billed at cost plus 10%  Straight time rates apply from 0700 to 1700 hours, Monday through Friday  Overtime rates apply before 0700 and after 1700, Monday through Friday and weekends  Holidays are billed as Double Time Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 23 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 EXHIBIT E INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing Work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under this Agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of Work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any Work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the Work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 24 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 EXHIBIT F CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Professional under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non- documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Professional has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Professional shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 25 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. Red Flags Rules. Professional 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 Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Professional shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Professional’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 26 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security b) Subcontractors. Professional may use subcontractors, though such activity shall not release or absolve Professional from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor Professional may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor or affiliated party shall be attributed to Professional and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Professional can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the City in writing. 11. If Professional breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Professional’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. Professional acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Professional agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 27 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 EXHIBIT G FORT COLLINS EXPENSE GUIDELINES Lodging, Per Diem Meals and Incidentals and Other expenses: January 1, 2018 Lodging: • Hotels will be reimbursed at $109/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation. • Hotel taxes do not count to the $109 limit, i.e. the rate is $109 plus applicable taxes. • Receipts are to be provided. • Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines. • Daily rate: $59 • Travel Days rate: 75% of $59 = $44.25 Vehicle Expenses: • All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower. • If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The standard for determining total mileage is the most direct route from the firm’s main place of business to the City. • Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The rate for 2018 is $0.545. • Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collins. Extra Ordinary Cost • Prior authorization required. Expenses Not Allowed • Liquor, movies, or entertainment (including in-room movies); • Sporting events; • Laundry, dry-cleaning or shoe repair; • Personal phone calls, including connection and long-distance fees; • Computer connections (unless required for City business); • Other personal expenses not directly related to City business; • Convenience charges; • Rescheduling Airline Charges not related to City requirements. • Excessive meal tip amounts generally over 20%; • Delivery fees shall not exceed 10% of the total bill, if not already included; • Hotel Cleaning Tips; • Extra Baggage for one day trips; • Air Travel (when local); • Items that are supplied by the City. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 28 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 Time Frame for Reporting • Per contract (every 30 days). Reference: The Federal GSA guidelines for Fort Collins are $109/day for hotel and $59 for meals and incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses, and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The M&IE is further broken down by: • Breakfast: $13 • Lunch: $15 • Dinner: $26 • Incidentals: $5 Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $44.25 for Fort Collins. Professional Services Agreement - Work Order Type 8631 General Environmental Services Page 29 of 29 DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD LPREWITT 03/02/2018 CGRSINC-01 A FEI-EXS-13291-05 B AW4A232142 C 4029480 A FEI-ECC-13290-05 D RH4A231842 1,000,000 1,000,000 1,000,000 0 10,000,000 10,000,000 Blanket Add'l Insd Blanket Waiver Blanket Waiver 2,000,000 1,000,000 2,000,000 Blanket Add'l Insd 5,000 50,000 1,000,000 1,000,000 X X X X X X X X X X X X X X A FEI-ECC-13290-05 03/01/2018 03/01/2019 03/01/2018 03/01/2019 03/01/2018 03/01/2019 01/01/2018 01/01/2019 03/01/2018 03/01/2019 03/01/2018 03/01/2019 If required by written agreement, the certificate holder is included as additional insured for ongoing operations under general liability and auto liability. PFS Insurance Group 4848 Thompson Parkway Suite 200 Johnstown, CO 80534 (970) 635-9400 (970) 635-9401 City of Fort Collins PO Box 580 Fort Collins, CO 80522 C G R S, Inc. & CA TESTCO, LLC 1301 Academy Ct Fort Collins, CO 80524 Admiral Insurance Company Allmerica Financial Benefit Insurance Company Pinnacol Assurance Co The Hanover Insurance Company 24856 41840 22292 41190 info@mypfsinsurance.com N $1,000 Deductible Limit Per Claim 200,000 1,000,000 Leased/Rented Equip Pollution/Profession DocuSign Envelope ID: 9FFDB73A-9BC4-4A7A-A9C4-B84092B50AC6