06-13-2012 Agreement Hepworth Pawlak Geotech, Inc. I-70 RTOF Geortechnical TestingMemo
To: Honorable Mayor and Town Council Initials
Thru: Patty McKenney, Acting Town Manager
From: Justin Hildreth, P.E., Town Engineer
Jeffrey Schneider, P.E., Project Engineer
Date: June 6, 2012
Re: Award of Testing and Inspection Services to HP Geotech, Inc. for the 1 -70 Regional
Transportation Operations Facility Project
SUMMARY:
This memorandum is submitted to Town Council to approve the Professional Service Agreement (PSA) with
Hepworth Pawlak Geotechnical, Inc. (HP Geotech) for testing and inspection services related to the 1 -70
Regional Transportation Operations Facility (RTOF) project located at Swift Gulch in Avon. The project requires
the Owner (Town of Avon) to employ a qualified testing and inspection firm to conduct testing and inspection
services during construction including geotechnical materials (e.g. soils, asphalt, concrete) and special
structural inspections per the International Building Code (e.g. structural steel, welding, rebar, open hole). In
addition, the contract requires full -time 3`d party observation for installation of the rammed aggregate pier
(RAP) foundation system. Staff conducted a qualifications -based solicitation per federal and state
requirements and recommends award of the testing and inspection services to HP Geotech, Inc.
DISCUSSION:
A request for proposals (RFP) was issued on May 3, 2012 for Testing and Inspection Services for the 1 -70 RTOF.
The RFP was advertised in the Denver Post, Vail Daily, and Eagle Valley Enterprise, as well as the Town's
website. A pre - proposal briefing was held on May 16, 2012, and Addendum 1 was issued on May 18, 2012
which clarified certain issues in the RFP and answered questions received in writing and at the pre - proposal
meeting. Proposals were due on May 24, 2012.
Three proposals were received from qualified Testing and Inspection firms: HP Geotech, Ground Engineering,
and Kumar and Associates. The proposals were reviewed and scored by a committee consisting of Justin
Hildreth, James Horsley, and Jeffrey Schneider. Review criteria included: Project Understanding, Record of
Past Performance, CDOT and Federal Project Testing Experience, and CDOT and Federal Contracting and
Documentation Experience. All of the proposals submitted were deemed responsive. HP Geotech was
unanimously selected. Kumar and Associates lacked experience in RAP installation, which resulted in lower
scores, and HP Geotech demonstrated a better project understanding than the other firms.
Per Federal procurement requirements, i.e. the Brooks Act, the most qualified firm is selected without cost as
a consideration. A cost proposal is then requested of the selected firm. The cost proposal from HP Geotech is
acceptable to Staff and within the Project Administration budget line item for the 1 -70 RTOF. The total fee
proposed for the testing and inspection scope is $74,362. This amount is reflected in the PSA, attached as
Attachment A.
RECOMMENDED MOTION:
"I move to approve the Professional Services Agreement with HP Geotech, Inc. for Testing and Inspection
Services for the 1 -70 Regional Transportation Operations Facility."
ATTACHMENTS:
Attachment A PSA with HP Geotech, Inc. for Testing and Inspection Services for the 1 -70 RTOF project.
PSA for Testing and Inspection Services
1 -70 RTOF
June 12, 2012
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TOWN MANAGER COMMENTS:
TOWN OF AVON
PROFESSIONAL SERVICES AGREEMENT
Independent Contractor
Cost Plus Fixed Fee — Not to Exceed Total Price
Town Council Approval
Project /Services Name: 1 -70 Regional Transportation Operations Facility Geotechnical
Testing and Special Inspection Services
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into by and between,
Hepworth Pawlak Geotech, Inc (HP Geotech) ( "Contractor ") and the TOWN OF AVON,
COLORADO ( "Town "), a Home Rule municipality of the State of Colorado. The Town and the
Contractor may be collectively referred to as the "Parties."
RECITALS AND REPRESENTATIONS
WHEREAS, the Town desires to have performed certain professional services as described in
this Agreement; and
WHEREAS, the Contractor represents that the Contractor has the skill, ability, and expertise to
perform the services described in this Agreement and within the deadlines provided by the
Agreement; and
WHEREAS, the Town desires to engage the Contractor to provide the services described in this
Agreement subject to the terms and conditions of the Agreement.
NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the
Parties mutually agree as follows:
1.0 SERVICES AND CONTRACTOR PERFORMANCE
1.1 Services. As directed by and under the supervision of the Town Engineer for the
Town of Avon, the Contractor shall provide the Town with the services described in
Exhibit A (the "Services ").
1.2 Changes to Services. The Town may request a change or changes in the Services.
Any changes that are mutually agreed upon between the Town and the Contractor
shall be made in writing and upon execution by both Parties shall become an
amendment to the Services described in this Agreement. To be effective, any
written change must be signed by the Contractor and by the Town Council, the Town
Manager, or by a person expressly authorized in writing to sign on behalf of the
Town.
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1.3 Independent Contractor. The Contractor shall perform the Services as an
independent contractor and shall not be deemed by virtue of this Agreement to
have entered into any partnership, joint venture, employer /employee or other
relationship with the Town other than as a contracting party and independent
contractor. The Town shall not be obligated to secure, and shall not provide, any
insurance coverage or employment benefits of any kind or type to or for the
Contractor or the Contractor's employees, sub- consultants, contractors, agents, or
representatives, including coverage or benefits related but not limited to: local,
state, or federal income or other tax contributions; insurance contributions (e.g.,
FICA); workers' compensation; disability, injury, or health; professional liability
insurance, errors and omissions insurance; or retirement account contributions.
1.4 Standard of Performance. In performing the Services, the Contractor shall use that
degree of care, skill, and professionalism ordinarily exercised under similar
circumstances by members of the same profession practicing in the State of
Colorado. Contractor represents to the Town that the Contractor is, and its
employees performing such Services are, properly licensed and /or registered within
the State of Colorado for the performance of the Services (if licensure and /or
registration is required by applicable law) and that the Contractor and employees
possess the skills, knowledge, and abilities to competently, timely, and
professionally perform the Services in accordance with this Agreement.
1.5 Anticipated Proiect Schedule. The following is a list of anticipated milestone dates
for the Project:
• Contract Award —June 12, 2012
• Construction Mobilization —June 18, 2012
• Project Completion — September 6, 2013
Contractor's services shall be performed as expeditiously as is consistent with services
provided by firms with a high level of expertise and skill and the orderly progress of the
Project. The Contractor shall provide a detailed schedule for the performance of
professional services upon award which will be consistent with the dates shown above.
The schedule shall include allowances of time for Town review and for approval by other
outside entities required by the Project. Contractor agrees to work in an expeditious
manner within the sound exercise of its judgment and Standard of Care in the
performance of the Agreement. Time is of the Essence in the performance of this
Agreement. By executing this Agreement, Contractor confirms that the time limitations
set forth herein for the performance of the Contractor's services are reasonable periods
for performing its services hereunder.
1.6 Design within Funding Limitations
A. Not Used
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2.0 COMPENSATION
2.1 Commencement of and Compensation for Services. Following execution of this
Agreement by the Town, the Contractor shall be authorized to commence
performance of the Services as described in Exhibit A subject to the requirements
and limitations on compensation as provided by this Section 2.0 and its subsections.
A. Cost Plus fixed Fee Contract --Not to Exceed Amount. The Contractor shall
perform the Services and shall invoice the Town for work performed based on
the rates and /or compensation methodology described in Exhibit A. Total
compensation (including all reimbursable expenses) shall not exceed S 74362.
B. Reimbursable Expenses. The following shall be considered "reimbursable
expenses" for purposes of this Agreement and may be billed to the Town
without administrative mark -up but which must be accounted for by the
Contractor and proof of payment shall be provided by the Contractor with the
Contractor's monthly invoices:
• Vehicle Mileage (billed at not more than the prevailing per mile charge
permitted by the Internal Revenue Service as a deductible business expense)
• Printing and Photocopying Related to the Services
• Long Distance Telephone Charges Related to the Services
• Charges incidental to securing needed information (e.g., charges imposed to
obtain recorded documents)
• Postage and Delivery Services
• Lodging and Meals (only with prior written approval of the Town as to dates and
maximum amount)
• Subcontractor or subconsultant fees
C. Non - reimbursable Costs, Charges Fees or Other Expenses. Any fee, cost,
charge, fee, or expense incurred by the Contractor not otherwise specifically
authorized by this Agreement shall be deemed a non - reimbursable cost and shall
be borne by the Contractor and shall not be billed or invoiced to the Town and
shall not be paid by the Town.
D. Increases in Compensation or Reimbursable Expenses. Any increases or
modification of compensation or reimbursable expenses shall be subject to the
approval of the Town and shall be made only by written amendment of this
Agreement executed by both Parties.
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2.2 Payment Processing. The Contractor shall submit invoices and requests for payment
in a form acceptable to the Town. Invoices shall not be submitted more often than
once each month unless otherwise approved by this Agreement or in writing by the
Town. Unless otherwise directed or accepted by the Town, all invoices shall contain
sufficient information to account for all Contractor time (or other appropriate
measure(s) of work effort) and all authorized reimbursable expenses for the Services
during the stated period of the invoice. Following receipt of a Contractor's invoice,
the Town shall promptly review the Contractor's invoice.
2.3 Town Dispute of Invoice or Invoiced Item(s). The Town may dispute any Contractor
time, reimbursable expense, and/or compensation requested by the Contractor
described in any invoice and may request additional information from the
Contractor substantiating any and all compensation sought by the Contractor before
accepting the invoice. When additional information is requested by the Town, the
Town shall advise the Contractor in writing, identifying the specific item(s) that are
in dispute and giving specific reasons for any request for information. The Town
shall pay the Contractor within forty -five (45) days of the receipt of an invoice for
any undisputed charges or, if the Town disputes an item or invoice and additional
information is requested, within thirty (30) days of acceptance of the item or invoice
by the Town following receipt of the information requested and resolution of the
dispute. To the extent possible, undisputed charges within the same invoice as
disputed charges shall be timely paid in accordance with this Agreement. Payment
by the Town shall be deemed made and completed upon hand delivery to the
Contractor or designee of the Contractor or upon deposit of such payment or notice
in the U.S. Mail, postage pre -paid, addressed to the Contractor.
3.0 CONTRACTOR'S GENERAL RESPONSIBILITIES
3.1 The Contractor shall become fully acquainted with the available information related
to the Services. The Contractor is obligated to affirmatively request from the Town
such information that the Contractor, based on the Contractor's professional
experience, should reasonably expect is available and which would be relevant to
the performance of the Services.
3.2 The Contractor shall perform the Services in accordance with this Agreement and
shall promptly inform the Town concerning ambiguities and uncertainties related to
the Contractor's performance that are not addressed by the Agreement.
3.3 The Contractor shall provide all of the Services in a timely and professional manner.
3.4 The Contractor shall promptly comply with any written Town request for the Town
or any of its duly authorized representatives to reasonably access and review any
books, documents, papers, and records of the Contractor that are pertinent to the
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Contractor's performance under this Agreement for the purpose of the Town
performing an audit, examination, or other review of the Services.
3.5 The Contractor shall comply with all applicable federal, state and local laws,
ordinances, regulations, and resolutions.
3.6 The Contractor shall be responsible at the Contractor's expense all royalties and
patents and for obtaining, and maintaining in a valid and effective status, all licenses
and permits necessary to perform the Services unless specifically stated otherwise in
this Agreement.
4.0 TERM AND TERMINATION
4.1 Term. This Agreement shall be effective on the 13th day of June at 12:01 a.m.,
( "Effective Date ") and shall terminate at 11:59 p.m. on December 31, 2013, or on a
prior date of completion of the Services or termination as may be permitted by this
Agreement; provided, however, that the Parties may mutually agree in writing to the
monthly extension of this Agreement for up to twelve (12) consecutive calendar
months if such extension is approved by the Town Manager, Town Council and the
Contractor and such extension does not alter or amend any of the terms or
provisions of this Agreement.
4.2 Continuing Services Required. The Contractor shall perform the Services in
accordance with this Agreement commencing on the Effective Date until such
Services are terminated or suspended in accordance with this Agreement. The
Contractor shall not temporarily delay, postpone, or suspend the performance of
the Services without the written consent of the Town Council, Town Manager, or a
person expressly authorized in writing to direct the Contractor's services.
4.3 Town Unilateral Termination. This Agreement may be terminated by the Town for
any or no reason upon written notice delivered to the Contractor at least ten (10)
days prior to termination. In the event of the Town's exercise of the right of
unilateral termination as provided by this paragraph:
A. Unless otherwise provided in any notice of termination, the Contractor shall
provide no further services in connection with this Agreement after receipt of a
notice of termination; and
B. All finished or unfinished documents, data, studies and reports prepared by the
Contractor pursuant to this Agreement shall be delivered by the Contractor to
the Town and shall become the property of the Town; and
C. The Contractor shall submit to the Town a final accounting and final invoice of
charges for all outstanding and unpaid Services and reimbursable expenses
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performed prior to the Contractor's receipt of notice of termination and for any
services authorized to be performed by the notice of termination as provided by
Section 4.3(A) above. Such final accounting and final invoice shall be delivered
to the Town within thirty (30) days of the date of termination; thereafter, no
other invoice, bill, or other form of statement of charges owing to the Contractor
shall be submitted to or accepted by the Town.
4.4 Termination for Non- Performance. Should a party to this Agreement fail to
materially perform in accordance with the terms and conditions of this Agreement,
this Agreement may be terminated by the performing party if the performing party
first provides written notice to the non - performing party which notice shall specify
the non - performance, provide both a demand to cure the non - performance and
reasonable time to cure the non - performance, and state a date upon which the
Agreement shall be terminated if there is a failure to timely cure the non-
performance. For purpose of this Section 4.4, "reasonable time" shall be not less
than five (5) business days. In the event of a failure to timely cure a non-
performance and upon the date of the resulting termination for non - performance,
the Contractor prepare a final accounting and final invoice of charges for all
performed but unpaid Services and authorized reimbursable expenses. Such final
accounting and final invoice shall be delivered to the Town within fifteen (15) days
of the date of termination; thereafter, no other invoice, bill, or other form of
statement of charges owing to the Contractor shall be submitted to or accepted by
the Town. Provided that notice of non - performance is provided in accordance with
this Section 4.3, nothing in this Section 4.3 shall prevent, preclude, or limit any claim
or action for default or breach of contract resulting from non- performance by a
Party.
4.5 Unilateral Suspension of Services. The Town may suspend the Contractor's
performance of the Services at the Town's discretion and for any reason by delivery
of written notice of suspension to the Contractor which notice shall state a specific
date of suspension. Upon receipt of such notice of suspension, the Contractor shall
immediately cease performance of the Services on the date of suspension except:
(1) as may be specifically authorized by the notice of suspension (e.g., to secure the
work area from damage due to weather or to complete a specific report or study); or
(2) for the submission of an invoice for Services performed prior to the date of
suspension in accordance with this Agreement.
4.6 Reinstatement of Services Following Town's Unilateral Suspension. The Town may
at its discretion direct the Contractor to continue performance of the Services
following suspension. If such direction by the Town is made within (30) days of the
date of suspension, the Contractor shall recommence performance of the Services in
accordance with this Agreement. If such direction to recommence suspended
Services is made more than thirty -one (31) days following the date of suspension,
the Contractor may elect to: (1) provide written notice to the Town that such
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suspension is considered a unilateral termination of this Agreement pursuant to
Section 4.3; or (2) recommence performance in accordance with this Agreement; or
(3) if suspension exceeded sixty (60) consecutive days, request from the Town an
equitable adjustment in compensation or a reasonable re -start fee and, if such
request is rejected by the Town, to provide written notice to the Town that such
suspension and rejection of additional compensation is considered a unilateral
termination of this Agreement pursuant to Section 4.3. Nothing in this Agreement
shall preclude the Parties from executing a written amendment or agreement to
suspend the Services upon terms and conditions mutually acceptable to the Parties
for any period of time.
4.7 Delivery of Notice of Termination. Any notice of termination permitted by this
Section 4.0 and its subsections shall be addressed to the person signing this
Agreement on behalf of either Town or Contractor at the address shown below or
such other address as either party may notify the other of and shall be deemed
given upon delivery if personally delivered, or forty -eight (48) hours after deposited
in the United States mail, postage prepaid, registered or certified mail, return
receipt requested.
5.0 INSURANCE
5.1 Insurance Generall y. The Contractor shall obtain and shall continuously maintain
during the term of this Agreement insurance of the kind and in the minimum
amounts specified in this Section 5.1. The insurance required herein shall be
procured and maintained with insurers with an A- or better rating as determined by
Best's Key Rating Guide. All required insurance shall be continuously maintained to
cover all liability, claims, demands, and other obligations assumed by the Contractor.
A. Worker's Compensation Insurance in the minimum amount required by
applicable law for all employees and other persons as may be required by law.
Such policy of insurance shall be endorsed to include the Town as a Certificate
Holder.
B. Comprehensive General Liability insurance with minimum combined single limits
of One Million Dollars ($1,000,000.00) Dollars each occurrence and of Three
Million Dollars ($3,000,000.00) aggregate. The policy shall be applicable to all
premises and all operations of the Contractor. The policy shall include coverage
for bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The
policy shall contain a severability of interests provision. Coverage shall be
provided on an "occurrence" basis as opposed to a "claims made" basis. Such
insurance shall be endorsed to name the Town as Certificate Holder and name
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the Town, and its elected officials, officers, employees and agents as additional
insured parties.
C. Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury of not less than of One Hundred Thousand Dollars
($100,000.00) each person and each accident and for property damage of not
less than Fifty Thousand Dollars ($50,000.00) each accident with respect to each
of the Contractor's owned, hired and non -owned vehicles assigned to or used in
performance of the Services. The policy shall contain a severability of interests
provision. Such insurance coverage must extend to all levels of subcontractors.
Such coverage must include all automotive equipment used in the performance
of the Agreement, both on the work site and off the work site, and such
coverage shall include non - ownership and hired cars coverage. Such insurance
shall be endorsed to name the Town as Certificate Holder and name the Town of
Avon and Colorado Department of Transportation as additional insured.
D. Professional Liability (errors and omissions) Insurance with a minimum limit of
coverage of Two Million Dollars ($1,000,000.00) per claim and Four Million
Dollars ($3,000,000) annual aggregate. Such policy of insurance shall be
obtained and maintained for two (2) years following completion of all Services
under this Agreement. Such policy of insurance shall be endorsed to include the
Town as a Certificate Holder.
5.2 Additional Requirements for All Policies. In addition to specific requirements
imposed on insurance by this Section 5.0 and its subsections, insurance shall
conform to all of the following:
A. For both Contractor Insurance and Required Insurance, all policies of insurance
shall be primary insurance, and any insurance carried by the Town, its officers, or
its employees shall be excess and not contributory insurance to that provided by
the Contractor; provided, however, that the Town shall not be obligated to
obtain or maintain any insurance whatsoever for any claim, damage, or purpose
arising from or related to this Agreement and the Services. The Contractor shall
not be an insured party for any Town - obtained insurance policy or coverage.
B. For both Contractor Insurance and Required Insurance, the Contractor shall be
solely responsible for any deductible losses.
C. For Required Insurance, no policy of insurance shall contain any exclusion for
bodily injury or property damage arising from completed operations.
D. For Required Insurance, every policy of insurance shall provide that the Town
will receive notice no less than thirty (30) days prior to any cancellation,
termination, or a material change in such policy.
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5.3 Failure to Obtain or Maintain Insurance. The Contractor's failure to obtain and
continuously maintain policies of insurance in accordance with this Section 5.0 and
its subsections shall not limit, prevent, preclude, excuse, or modify any liability,
claims, demands, or other obligations of the Contractor arising from performance or
non - performance of this Agreement. Failure on the part of the Contractor to obtain
and to continuously maintain policies providing the required coverage, conditions,
restrictions, notices, and minimum limits shall constitute a material breach of this
Agreement upon which the Town may immediately terminate this Agreement, or, at
its discretion, the Town may procure or renew any such policy or any extended
reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by the Town shall be repaid by Contractor to the
Town immediately upon demand by the Town, or at the Town's sole discretion, the
Town may offset the cost of the premiums against any monies due to the Contractor
from the Town pursuant to this Agreement.
5.4 Insurance Certificates. Prior to commencement of the Services, the Contractor shall
submit to the Town certificates of insurance for all Required Insurance. Insurance
limits, term of insurance, insured parties, and other information sufficient to
demonstrate conformance with this Section 5.0 and its subsections shall be
indicated on each certificate of insurance. Certificates of insurance shall reference
the Project Name as identified on the first page of this Agreement. The Town may
request and the Contractor shall provide within three (3) business days of such
request a current certified copy of any policy of Required Insurance and any
endorsement of such policy. The Town may, at its election, withhold payment for
Services until the requested insurance policies are received and found to be in
accordance with the Agreement.
6.0 OWNERSHIP OF DOCUMENTS
Any work product, materials, and documents produced by the Contractor, for which the
Contractor has been compensated, pursuant to this Agreement, whether delivered to the Town
or not, shall become property of the Town of Avon and shall not be made subject to any
copyright unless authorized by the Town. Other materials, methodology and proprietary work
used or provided by the Contractor to the Town not specifically created and delivered pursuant
to the Services outlined in this Agreement may be protected by a copyright held by the
Contractor and the Contractor reserves all rights granted to it by any copyright. The Town shall
not reproduce, sell, or otherwise make copies of any copyrighted material, subject to the
following exceptions: (1) for exclusive use internally by Town staff and /or employees; or (2)
pursuant to a request under the Colorado Open Records Act, § 24 -72 -203, C.R.S., to the extent
that such statute applies; or (3) pursuant to law, regulation, or court order. The Contractor
waives any right to prevent its name from being used in connection with the Services.
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7.0 CONFLICT OF INTEREST
The Contractor shall refrain from providing services to other persons, firms, or entities that
would create a conflict of interest for the Contractor with regard to providing the Services
pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to
any Town official or employee that would place the official or employee in a position of
violating the public trust as provided by C.R.S. § 2418 -109, as amended, or any Town — adopted
Code of Conduct or ethical principles.
8.0 REMEDIES
In addition to any other remedies provided for in this Agreement, and without limiting its
remedies available at law, the Town may exercise the following remedial actions if the
Contractor substantially fails to perform the duties and obligations of this Agreement.
Substantial failure to perform the duties and obligations of this Agreement shall mean a
significant, insufficient, incorrect, or improper performance, activities or inactions by the
Contractor. The remedial actions include:
I. Suspend the Contractor's performance pending necessary corrective action as
specified by the Town without the Contractor's entitlement to an adjustment in
any charge, fee, rate, price, cost, or schedule; and /or
ii. Withhold payment to the Contractor until the necessary services or corrections
in performance are satisfactorily completed; and /or
iii. Deny payment for those services which have not been satisfactorily performed,
and which, due to circumstances caused by the Contractor, cannot be
performed, or if performed would be of no value to the Town; and /or
iv. Terminate this Agreement in accordance with this Agreement.
If the Agreement is terminated by the Town for cause based on Contractor's negligent
performance, Contractor shall be liable and responsible for all expenses incurred by the Town
in selecting an alternate contractor and advancing the alternate contractor's scope of
professional services to a similar level of progress to the date of termination of Agreement, to
the extent such expenses are caused by or result from Contractor's negligent performance.
The foregoing remedies are cumulative and the Town, it its sole discretion, may exercise any or
all of the remedies individually or simultaneously.
9.0 MISCELLANEOUS PROVISIONS
9.1 No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any
term or provision of this Agreement shall not operate or be construed as a waiver of
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any subsequent breach by either Party. The Town's approval or acceptance of, or
payment for, services shall not be construed to operate as a waiver of any rights or
benefits to be provided under this Agreement. No covenant or term of this
Agreement shall be deemed to be waived by the Town except in writing signed by
the Town Council or by a person expressly authorized to sign such waiver by
resolution of the Town Council of the Town of Avon, and any written waiver of a
right shall not be construed to be a waiver of any other right or to be a continuing
waiver unless specifically stated.
9.2 No Waiver of Governmental Immunity: Nothing in this Agreement shall be
construed to waive, limit, or otherwise modify any governmental immunity that may
be available by law to the Town, its officials, employees, contractors, or agents, or
any other person acting on behalf of the Town and, in particular, governmental
immunity afforded or available pursuant to the Colorado Governmental Immunity
Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
9.3 Affirmative Action: Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin.
Contractor will take affirmative action to ensure applicants are employed, and
employees are treated during employment without regard to their race, color,
religion, sex or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
9.4 Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding
upon the successors, heirs, legal representatives, and assigns; provided that this
Section 9.4 shall not authorize assignment.
9.5 No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or
shall create a contractual relationship with, cause of action in favor of, or claim for
relief for, any third party, including any agent, sub - consultant or sub - contractor of
Contractor. Absolutely no third party beneficiaries are intended by this Agreement.
Any third -party receiving a benefit from this Agreement is an incidental and
unintended beneficiary only.
9.6 Article X, Section 20 /TABOR: The Parties understand and acknowledge that the
Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The
Parties do not intend to violate the terms and requirements of TABOR by the
execution of this Agreement. It is understood and agreed that this Agreement does
not create a multi - fiscal year direct or indirect debt or obligation within the meaning
of TABOR and, therefore, notwithstanding anything in this Agreement to the
contrary, all payment obligations of the Town are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of the Town's
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current fiscal period ending upon the next succeeding December 31. Financial
obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available
in accordance with the rules, regulations, and resolutions of Town of Avon, and
other applicable law. Upon the failure to appropriate such funds, this Agreement
shall be terminated.
9.7 Governing Law, Venue. and Enforcement: This Agreement shall be governed by and
interpreted according to the law of the State of Colorado. Venue for any action
arising under this Agreement shall be in the appropriate court for Eagle County,
Colorado. To reduce the cost of dispute resolution and to expedite the resolution of
disputes under this Agreement, the Parties hereby waive any and all right either may
have to request a jury trial in any civil action relating primarily to the enforcement of
this Agreement. The Parties agree that the rule that ambiguities in a contract are to
be construed against the drafting party shall not apply to the interpretation of this
Agreement. If there is any conflict between the language of this Agreement and any
exhibit or attachment, the language of this Agreement shall govern.
9.8 Survival of Terms and Conditions: The Parties understand and agree that all terms
and conditions of the Agreement that require continued performance, compliance,
or effect beyond the termination date of the Agreement shall survive such
termination date and shall be enforceable in the event of a failure to perform or
comply.
9.9 Assignment and Release: All or part of the rights, duties, obligations,
responsibilities, or benefits set forth in this Agreement shall not be assigned by
Contractor without the express written consent of the Town Council for Town of
Avon. Any written assignment shall expressly refer to this Agreement, specify the
particular rights, duties, obligations, responsibilities, or benefits so assigned, and
shall not be effective unless approved by resolution or motion of the Town Council
for the Town of Avon. No assignment shall release the Contractor from
performance of any duty, obligation, or responsibility unless such release is clearly
expressed in such written document of assignment.
9.10 Inconsistencies between Provisions: In the event of an inconsistency between
provisions of the Agreement and any other provisions, incorporations by reference,
or attachments, the strictest interpretation shall apply to the Town's benefit.
9.11 Subcontractors: All terms of the agreement, its parts, attachments, or
incorporations by reference shall remain in full force for all subcontractors
performing work under this Agreement.
Page 12 of 16
9.12 Paragraph Captions: The captions of the paragraphs are set forth only for the
convenience and reference of the Parties and are not intended in any way to define,
limit or describe the scope or intent of this Agreement.
9.13 Integration and Amendment: This Agreement represents the entire and integrated
agreement between the Town and the Contractor and supersedes all prior
negotiations, representations, or agreements, either written or oral. Any
amendments to this must be in writing and be signed by both the Town and the
Contractor.
9.14 Severability: Invalidation of any of the provisions of this Agreement or any
paragraph sentence, clause, phrase, or word herein or the application thereof in any
given circumstance shall not affect the validity of any other provision of this
Agreement.
9.15 Incorporation of Exhibits: Unless otherwise stated in this Agreement, exhibits,
applications, or documents referenced in this Agreement shall be incorporated into
this Agreement for all purposes. In the event of a conflict between any incorporated
exhibit and this Agreement, the provisions of this Agreement shall govern and
control.
9.16 Employment of or Contracts with Illegal Aliens: Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement.
Contractor shall not contract with a subcontractor that fails to certify that the
subcontractor does not knowingly employ or contract with any illegal aliens. By
entering into this Agreement, Contractor certifies as of the date of this Agreement it
does not knowingly employ or contract with an illegal alien who will perform work
under the public contract for services and that the contractor will participate in the
e- verify program or department program in order to confirm the employment
eligibility of all employees who are newly hired for employment to perform work
under the public contract for services. The Contractor is prohibited from using either
the e- verify program or the department program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed. If
the Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, the
Contractor shall be required to notify the subcontractor and the Town within three
(3) days that the Contractor has actual knowledge that a subcontractor is employing
or contracting with an illegal alien. The Contractor shall terminate the subcontract if
the subcontractor does not stop employing or contracting with the illegal alien
within three (3) days of receiving the notice regarding Contractor's actual
knowledge. The Contractor shall not terminate the subcontract if, during such three
days, the subcontractor provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien. The Contractor is
required to comply with any reasonable request made by the Department of Labor
Page 13 of 16
and Employment made in the course of an investigation undertaken to determine
compliance with this provision and applicable state law. if the Contractor violates
this provision, the Town may terminate this Agreement, and the Contractor may be
liable for actual and /or consequential damages incurred by the Town,
notwithstanding any limitation on such damages provided by such Agreement.
9.17 Compliance with Article XXVIII of the Colorado Constitution: if and only to the
extent this Agreement constitutes a "sole source government contract" within the
meaning of Article XXVIII of the Colorado Constitution ( "Article XXVIII "), then the
provisions of Sections 15 through 17 of Article XXVIII ( "Amendment 54 ") are hereby
incorporated into this Agreement and the parties hereto shall comply with the
provisions of Amendment 54. In such a case, for purposes of this Agreement, the
Contractor shall constitute a "contract holder" for purposes of Amendment 54, as
shall any additional persons, officers, directors or trustees related to the Contractor
who qualify as "contract holders" pursuant to the definition set forth in Article
XXVIII. In addition, if and only to the extent this Agreement constitutes a "sole
source government contract," the Contractor hereby certifies that it is not ineligible
to hold any "sole source government contract" pursuant to Amendment 54 or any
contract thereunder, and the Contractor hereby agrees to notify the Town
immediately if, at any point during the term of this Agreement, the Contractor shall
become ineligible to hold any "sole source government contract" pursuant to
Amendment 54 or any contract thereunder. If any provision or provisions of
Amendment 54 are held to be unconstitutional or otherwise invalid by a court of
competent jurisdiction in a non - appealable action, have been repealed retroactively
or otherwise do not apply to this Agreement, such provision or provisions shall no
longer be incorporated into this Agreement and the Parties shall have no obligations
under such provision or provisions.
9.18 Non - Liability of Town for indirect or Consequential Damages or Lost Profits: Parties
agree that the Town shall not be liable for indirect or consequential damages,
including lost profits that result from the Town's declaration that the Contractor is in
default of the Agreement, so long as the Town acts in good faith.
9.19 Errors and Omissions Correction
The Contractor shall conform to the industry- accepted standard of care on quality
and workmanship. The Contractor shall, without additional compensation, correct or
revise any of the Contractor's negligent errors or omissions in the designs, drawings,
specifications, reports, and /or other services (e.g. all work products) immediately
upon notification by the Town. When negligent errors or omissions are discovered
during construction, in addition to correcting the work product at no additional cost
to the Town, the Contractor shall be liable for the difference between what
"correct" construction will cost and what it would have cost had the drawings,
specifications, et al, been correct, including tear -out, demolition, and re -work. The
Page 14 of 16
Contractor will not be responsible for correcting errors or omissions caused by Town
staff in conjunction with the Contractor's services.
9.20 Notices: Unless otherwise specifically required by a provision of this Agreement any
notice required or permitted by this Agreement shall be in writing and shall be
deemed to have been sufficiently given for all purposes if sent by certified mail or
registered mail, postage and fees prepaid, addressed to the Party to whom such
notice is to be given at the address set forth below or at such other address as has
been previously furnished in writing, to the other Party. Such notice shall be
deemed to have been given when deposited in the United States Mail properly
addressed to the intended recipient.
If to the Town: If to the Contractor:
Town Manager
Hepworth- Pawlak Geotechnical, Inc.
Town of Avon
5020 County Road 154
P.O. Box 975
Glenwood Springs, CO 81601
Avon, Colorado 80620
With Copy to:
Eric J. Heil, Town Attorney
Heil Law and Planning, LLC
2696 South Colorado Blvd., Suite
550
Denver, CO 80222
10.0 SPECIAL PROVISIONS
The following attachments are included and made a part of this Agreement:
Exhibit A: Cost Proposal
Exhibit B: RFP Response
11.0 AUTHORITY
The individuals executing this Agreement represent that they are expressly authorized to enter
into this Agreement on behalf of Town of Avon and the Contractor and bind their respective
entities.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- SIGNATURE PAGE FOLLOWS
Page 15 of 16
THIS AGREEMENT is executed and made effective as provided above.
NOFA�0
S EA ]L
ATTEST:
Page 16 of 16
TOWN OF AVON, COLORADO
By:
Rich Carroll, Mayor
APPROVED AS TO FORM:
(Does Not Inclu e ibits)
ric(L-flifil, Town Attorney
CONTRACTOR:
M
Name:
Position:
)Q.J ; A
P! DJ tt 4 G'
,nee
.
June 6, 2012
Town of Avon
EXHIBIT A
�!Ct' d
Attn: Jeil'i"ey Schneider
P.O. Box 975
Avon, Colorado 81620
(jSCl1I1�Kl�i'. (i'aVOILLII "��
Proposal No. 081 -12
Subject: Cost Proposal to Provide Geotechnical Testing and Special Inspection
Services, Regional Transportation and Operations Facility, 0500 Swift
Gulch Road, Avon, Colorado
Dear Jeffrey:
Hepworth- Pawlak Geotechnical, Inc. (HP Geotech) is pleased to present this cost proposal
to provide geotechnical testing and special inspection services for construction of the
subject project. This proposal is based on the project plans and specifications, preliminary
construction schedule and our experience with similar projects in the area.
Project Understanding
The project will consist of site infrastructure, including underground utilities, site grading
and walls, and access drive/parking lot pavement, as well as a "bus barn" building. The
building will. be a relatively large steel frame and metal building with interior masonry walls
with a slab -on -grade ground floor. The building and floor slab will be founded on a
rammed aggregate pier foundation. The construction schedule indicates the project to
start in late June of this year and be substantially completed by July of next, approximately
12 months duration.
Scope of Services
This proposal includes the following scope of services and includes needed special
inspection for the Town of Avon:
• Rammed Aggregate Pier foundation installation,
• Soils backfill testing for both site work and building construction,
• Concrete testing for both site work and building construction,
• Concrete and masonry steel reinforcement inspection,
+ Masonry testing,
• Structural steel and welding inspection, and
• Asphaltic concrete pavement testing
Fee Proposal
The fee proposal represents our good faith effort to provide a realistic budget for the
services required as requested. The proposal is based on the following anticipated services
with engineering, laboratory and office support as needed.
Review of MSE site wall design, rammed aggregate pier design, and asphalt and
Town of Avon
June 6, 2012
Page 2
concrete mix designs by project engineer /manager.
• Observation ofMSE wall construction and backfill testing, part-time observation
and testing for the 4% weeks of construction.
• Rammed aggregate pier installation, 3 weeks construction, full time observation.
• Soils backfill compaction testing for utilities, site grading and building backfill,
regular visits during the approximate 12 months duration and laboratory testing.
• Excavation observations and for non -bus barn structures, 2 or 3 site visits and
engineering reports with laboratory testing to verify soil bearing conditions as
needed.
• Concrete testing, part -time as needed for 4 weeks for site work and 4Y2 weeks for
building construction. Also, concrete testing for other structures such as the fuel
island and modular office building. Reinforcement placement will also be
observed performed prior to concrete placement.
• Masonry observation and testing, including reinforcement placement. Part tune
observation and testing during the 3 weeks duration.
• Structural steel and welding inspection, part-time for the 6 weeks duration for the
pre - engineering building construction.
• Asphalt and concrete pavement testing, part-time for the 2 weeks duration.
Our goal is to provide efficient, timely and cost - effective service. As such, we plan to
provide most of our field services utilizing staff based out of Glenwood Springs and time
and mileage fees will be based from that location, and combine with other on -going
projects in the area. Possible cross utilization of our staff (i.e. concrete and soils testing on
the same site visit) will increase our efficiency and may reduce the fee total. Provided
below is our fee proposal.
Construction Materials Testing and Inspection Fee Estimate
Review of Rammed Aggregate Pier Design, MSE Wall Design and Mix Designs, and
Project Meetings and Consultation
Principal Engineer 6 hours at $130 $ 780
Sr. Project Engineer 30 hours at $110 $ 3,300
Stafl'Engineer 12 hours at S90 $ 1,080
Word Processing 6 hours at $55 $ 330
Project Review and Meetings "total $ 5,490
Site Wall. Construction Observation and Testing
Field Engineer 45 hours at S75
Mileage 650 miles at $0.70
Sr. Project Engineer/ Review 12 hours at $I 10
Word Processing 6 hours at $55
Laboratory Testing per fee schedule
Site Wall Observation and Testing Total
Soil ^Backfill Compaction Testing
Propo <al No. 081 -I2
S 2,700
S 455
S I,320
S 330
S 850
S 5,655
L_4Otech
Town of Avon
June 6, 2012
Page 3
Sr. Field Technician
180 hours at $65
$11,700
Mileage
3600 miles at $0.70
$ 1,750
Sr. Project Engineer /Review
30 hours at $110
$ 3,850
Word Processing
20 hours at $55
$ 1,100
Laboratory Testing
per tee schedule
$ 1.450
Soil Backfill Testing Total
Laboratory Testing
$19,300
Rammed Aggregate Pier Installation
Field Engineer 150 hours at $75 $ 11,370
Mileage 2200 miles at $0.70 $ 1,540
Sr. Project Engineer /Review 12 hours at $110 $ 1_,320
Word Processing 8 hours at $55 $ 440
Laboratory Testing per fee schedule 190
Rammed Aggregate Pier Observation Total $ 14,860
Foundation Excavation Observations
Field Engineer
15 hours at $75
$
1,125
Mileage
250 miles at $0.70
$
175
Sr. Project Engineer /Review
12 hours at $1.10
$
1,320
Word Processing
4 hours at $55
$
220
Laboratory Testing
per fee schedule
$
380
Foundation Excavation Observation Total
$
3,220
Concrete Testing and Reinforcement Placement
Sr. Field Technician
120 hours at $65
$ 7,800
Mileage
1600 miles at $0.70
$ 1,120
Lab Compression Tests*
18 sets at $48
$ 864
Sr. Project Engineer /Review
8 hours at $110
$ 880
Word Processing
9 hours at $55
$ 495
Concrete Testing Total
Sr. Project Engineer /Review
$11,159
*concrete sampling frequency of 1 set of 4 cylinders per 50 cubic yards of concrete
Masonry Testing
Sr. Field Technician
45 hours at $65
S
2,925
Mileage
1200 miles at $0.70
S
840
Masonry Prism Testing
3 sets at $315
$
945
Grout Samples
12 sets at S64
$
768
Sr. Project Engineer /Review
8 hours at $110
$
880
Word Processing
5 hours at $55
S
275
Masonry Testing Total
$
6,633
Structural Steel and Welding Inspection
Field [ nspection
40 hours at $75
$
3,000
llilcage
550 at $0.70
$
385
Sr. Project Engineer /Review
6 hours at S 110
$
660
Propa-gd No. 081-12
'tech
Town of Avon
June 6, 2012
Page 4
Word Processing 4 hours at $55
Structural Steel and Welding Inspection Total
Asphalt Pavement Testing
Sr. Field Technician
25 hours at $60
Mileage
350 miles at $0.70
Sr. Project Engineer /Review
4 hours at $110
Word Processing
4 hours at $55
Laboratory Testing
per tee schedule
Asphalt Pavement Testing Total
Total Fee
220
$ 4,265
$ 1,625
S 245
$ 440
$ 270
1,250
$ 3,780
$74,362
If you have any questions, please contact the undersigned. We took forward to the
prospect of working with you.
Sincerely,
HEPW RTH - PAWLAK GEOTECHNICAL, INC.
David A. Young P.C-
DAY /ijg
Attaclunents: 2012 Construction Observation and Testing Fee Schedule
Terms and Conditions
Proposal No, 08 1 -12
G4 ech
HEPWORTH- PAWLAK GEOTECHNICAL
HEPWORTH- PAWLAK GEOTECHNICAL, INC,
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970 - 945 -7988
Fax: 970 - 945 -8454
e -mail: hpgeo@hpgeotech.com
2012
FEE SCREDULE
GLENWOOD SPRINGS
CONSTRUCTION OBSERVATION AND MATERIALS TESTING
CONSTRUCTION OBSERVATION
Field/Lab Technician - Soils, Concrete, Asphalt, Masonry, Fireproofing ...................... 550.00 to $65.00/hovr
................ ...............................
Field Technician - Piers, Piles ............... .................................... ................................ .... .. .......... ............................ .......... $65.00 to $ 75.00Atour
Field Technician - Coring (includes equipment) ................................... .......................... .............. ................................................ $100.00 /hour
Field Technician - Windsor Probe Testing (includes equipment and probes) ..................................... ............................... $125.00/hour
Overtime (Over 8 hours per day, Saturday, Sunday and Holidays) .................
.............................. ............................1.5 x standard hourly rate
Project Management / Review .......... .............................., $100.00/hour
................................................................................. ...............................
Engineer (Staff to Principal Level) ............................. ... $90.00 to $180.00/hour
CAD / Drafting .......................................... ............................... $75.00/hour
Word Processing .......................... ............................... ........... $55.001hour
LABORATORY TESTING
SOILS
Moisture Content (ASTM D-2216). . ................ ........ $ 10.00
Moisture and Density (Liner Sample) ..........................20.00
3 "x6" Cylinder ............ ...............................
Atterberg Limits (ASTM D- 4318) ..... ..........................85.00
"x8 " Cviinder .......................... ...............................
Swell - Consolidation (Std. 3 Points).... ........ _ ..............
90.00
Unconfined Compression (ASTM D- 2166) .................90.00
Trimmed Contractor Cast Cylinder ....................
Specific Gravity (ASTM D -854) ............ ...................
..90.00
Gradation Analysis (ASTM D -422)
:44asonry Grout Compression Test,
a. 5" through 9200 Sieve ............ ..........................95.00
Including Sample Preparation ... .....................30.00
b. #4 through #200 Sieve .....................................
60.00
e. Percent Less than #200 Sieve . ..........................40.00
;Masonry Prism Compression Test
d. Hydrometer Analysis ............................
...90.00
Gradation, Large Pit Run Samples ..............................
55.00 /hour
Standard Proctor Compaction (ASTM D -698) ..........
1 10.00
Modified Proctor Compaction (ASTM D- 1557)........120.00
Hveem Stabilometer'R' Value .......... .........................325.00
ASPHALT
Oil Content Only (ASTM D- 6307) .. .......................$ t25.00
Oil Content/Gradation
(ASTivf D -6307 and ASTM D- 5444) ...................1.80.00
Specific Gravity, Bulk
(ASTM D -I 188 and D- 2726) ....... ..........................30.00
,4aximum Theoretical Spec. Gr. (ASTM D- 2041)......75.00
CONCRETE - ,MASONRY
Cylinder Compression Test (ASTM C -39)
3 "x6" Cylinder ............ ...............................
S 10.00
"x8 " Cviinder .......................... ...............................
12.00
6 "x12" Cylinder .............................. ..........................14.00
Trimmed Contractor Cast Cylinder ....................
24.()0
Concrete Core Compression Test ........................
24.00
:44asonry Grout Compression Test,
Including Sample Preparation ... .....................30.00
/each
,fortar Cube Compression Test .... ...............................
14.00
;Masonry Prism Compression Test
a. I fo llow Cell_ ................... .................95.00
.............. .
b. Grout Filled ..................... ...............................
105.00
Unit Weight (4" or 6" Cylinder - Dry) .........................
15.00
AGGREGATES
Coarse Aggregate 3" through 48 Sieve (ASTM C- 136)._.S60.00
Coarse Aggregate Amount Finer 4200 (ASTM C- 117)....... 40.00
Fine Aggregate (with #200 Sieve) ........ ............................... 60.00
Clay Lumps and Friable Particles (ASTM C -142)
Coarse or Fine Aggregate ............... ............................... 50.00
Fractured Faces, Coarse Aggregate
(Colorado Procedure 45) ... _ ...................
...................... 60.00
Specific Gravity, Bulk and Apparent
a. Coarse (ASTM C-127)_ .... ..... 60.00
b. Fine (ASTM C- 128) ................. ............................... 85.00
Salt Content - Sanding Material .............. .......................... 75.00
FIREPROOFING
Density (ASTM E• 605 ) .............................. ...... $ 50.00
................
Bond Test (ASTM E-736).... ................ _ .............. .......... 60.00
OTHER DIRECT CHARGES
Auto or Pickup.,.... ......... _ ....... ........ ........... ............ S.70 1mile
Out of town living expenses, commercial travel costs,
equipment rental, freight, etc. ,., ..... ..... ........... Cost+ 2O%
Subconsuitant Services/Special Testing .................... Cost + 20%
REMARKS
Technician rates include nuclear gauge or other typical field
equipment and are charged portal to portal, A 24 -hour notice is
requested for scheduling of field service. Minimurn 2 hour trip
charge per day for field engineer or technician may be applied.
Proposals for specific projects available upon request.
The prices listed above include up to 3 copies of the report. Late
lee of $30.00 or 1.5% per month (whichever is the Lgcater)
charged 30 days from invoice date plus collection costs, bank
charges and reasonable attomvy's fees.
,.,e
TERMS AND CONDITIONS
STANDARD OF CARE: Services performed by HEPWORTH- PAWLAK GEOTECHNICAL, INC. (also referred to as HP GEOTECH)
under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. No warranty, express or implied, is made or intended by the
proposal for consulting services or by furnishing oral or written reports of the Endings made. The client recognizes that subsurface
conditions may vary from those encountered at the location where borings, tests or explorations are made by HP GEOTECH and that the
data, interpretations and recommendations of HP GEOTECH are based solely upon the data available to IIF GEOTECH. UP GEOTECH
will be responsible for those data, interpretations , and recommendations, but shall not be responsible for the interpretations by others of the
information developed.
LIMITATION OF LIABILITY. The uileut agrees to limit the liability of SIP UNO"1'ECH and its employees, directors, officers and
subconsultattts (collectively "HP GEOTECH to the client, arising from or in any way related to the Project, the Agreement or the services
performed, such that the total aggregate liability of HP GEOTECH to the client shall not exceed the greater of $50,000 or HP GEOTECH's
total fee received for the services rendered on this Project. Client hereby releases HP GEOTECH from any liability above Stich amount.
This limitation of liability shall apply to any and all claims for relief made or which could be made.
CORPORATE PROTECTION: Client agrees its sole and exclusive remedy, if any, for any claim arising out of the services of HP
GEOTECH shall be against HEPWORTH- PAWLAK GEOTECHNICAL, INC, and not against any individual employees, officers, owners
or directors of HF.PWORTH- PAWLAK GEOTECHNICAL, INC.
SITE ACCESS: Unless otherwise agreed, the client will furnish HP GEOTECH with right -of- access to the site in order to conduct the
planned exploration. While HP GEOTECH will take reasonable precautions to limit damage to the property, it is understood by the client
that in the normal course of services some damage may occur, the restoration of which is not part of this Agreement and shall not be the
obligation of HP GEOTECH. Unless otherwise agreed, the client will secure all necessary approvals, permits, Iicenses and consents
necessary to the performance of the services hereunder.
UTILITIES: In the performance of its services, HP GEOTECH will take reasonable precautions to avoid damage or injury to subterranean
structures or utilities. The client agrees to bold HP GEOTECH harmless and indemnify HP GEOTECH for any claims, payments or other
liability, including attorney's fees and costs, incurred by HP GEOTECH for any damages to subterranean structures or utilities which are
not called to HP GEOTECH's attention and correctly shown on the plans furnished to IlP GEOTECH.
UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of the owner, the client, or their representative to advise HP
GEOTECH of any known or suspected hazardous substances which may exist on or near any premises upon which services are to be
performed by HP GEOTECH's employees, agents or subcontractors. If HP GEOTECH observes or suspects the existence of unanticipated
hazardous materials during the course of providing services, HP GEOTECH may at its option terminate further services on the project and
notify client of the condition. Services will be resumed only after a renegotiation of scope of services and fees. In the event that such
renegotiation cannot occur to die satisfaction of HP GEOTECH, HP GEOTECH may at its option terminate this contract.
MOLD or OTHER BIOLOGICAL CONTAMINANTS (MOBC): HP GEOTECH's services do not include determining the presence,
prevention or possibility of MOBC developing in the future. If the client is concerned about MOBC, then a professional in this special
field ofpractice should be consulted.
INVOICES: HP GEOTECH will submit invoices to the client monthly and a final bill upon completion of services. Unless otherwise
noted, fees will be based on the prevailing Fee Schedule in efi'ect when the services are performed. Payment is due upon presentation of
invoice and is past due thirty (30) days from the invoice date. Client agrees to pay a late fee of $30.00 or one and one half percent (1' /20/.)
per month (whichever is the greater) on past due accounts including all costs of a collection agency. Client also agrees to pay, in addition to
judgement or settlement sums due, all costs and expenses including court costs, reasonable attorney's fees and stall' time computed
according to h4P GEOTECI-I's prevailing Fee Schedule incurred by HP GEOTECH relating to collection procedures on overdue accounts.
OWNERSHIP OF DOCUMENTS: All reports, plans, specifications, computer files, field data, notes and other documents and instruments
prepared by HP GEOTECR as instruments of service shall remain the property of HP GEOTECFL IIP GEOTECH shall retain all common
law, statutory and other reserved rights, including the copyright thereto.
SAMPLES. RP GEOTECH will retain all soil and rock samples that are transported to UP GEOTECH's laboratories until submission of
the project report. Further storage or transfer of samples can be made at client's expense upon written request.
DISPUTE RESOLUTION: All claims and disputes between IIP GEOTECH and client arising out of or in any way related to this
Agreement will be submitted to mediation before and as a condition precedent to other remedies provided by law.
VENUE: If a dispute at law arises related to the services provided under this Agreement then the claim will be brought and tried in a Court
of competent jurisdiction in the county where HP GEOTECH's principal place of business is located.
NO TI3iRD PARTY BENEFICIARIES: Nothing contained in this agreement shall create a contractual relationship with or a cause of
action fit favor of any third party against either HP GEOTECH or client.
TERMINATION. In the event of termination of the Agreement by either party, the client shall within fifteen (15) calendar days of
tcrnivation pay HP GEOTECH for all services rendered and all reimbursable costs incurred by HP GEOTECH up to date of termination, in
accordance with the payment provisions of this Agreement. HP GEOTECH shall have no liability to the client and the client agrees to make
no claim for any delay or damage as a result of such terminatior caused by arty breach of this Agreement by the client.
Pffective January 1, 2012
apook
HEPWORTH- PAWLAK GEOTECHNICAL
May 23, 2012
Town of Avon
Attn: Justin Hildreth, PE, Town Engineer
P. O. Box 975
Avon, Colorado 81620
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Proposal No. 081 -12
Subject: Proposal for Geotechnical Testing and Special Inspection Services,
Proposed I -70 Regional Transportation and Operations Facility, 0500
Swift Gulch Road, Avon, Colorado
Dear Justin:
In response to your Request for Proposal (RFP) dated May 3, 2012, Hepworth— Pawlak
Geotechnical (HP Geotech) is pleased to present our qualifications to provide
geotechnical testing and special inspection services for the subject project. This proposal
is based on our review of the RFP 2012RFP02 information, the pre - proposal meeting at
the site on May 16, the 2009, CDOT testing requirements, International Building Code
Chapter 17, and our experience in the area with similar projects.
Background: Hepworth- Pawlak Geotechnical performed the geologic and geotechnical
studies for the project and provided geotechnical consultation during the design, including
recommendations for the rammed aggregate pier design for support of the building. We
feel it is important for the design geotechnical engineer to be involved in the construction
phase to implement and review the design recommendations as needed. We have recent
experience with design and installation of rammed aggregate piers for the Glenwood
Springs Holy Cross Administration building expansion in 2010 and 2011.
Understanding of Project: The development will include a relatively large "bus barn"
building in the area where the existing public works /wash building is located, as well as
underground utilities to the building and new exterior pavement for the access road and
drive /parking areas surrounding the building. The building will be a pre- manufactured
steel frame and metal structure with a mezzanine level and a slab -on -grade ground floor
at a finish elevation slightly above the existing graded ground surface. The building
foundation and floor slab will be founded on rammed aggregate piers. The pavement
surface will be primarily asphalt with areas of concrete.
As part of site development the Swift Gulch drainage channel along the west side of the
site will be enlarged and lined and a site wall constructed along the west side of the
/1 fli3 �0)
Town of Avon
May 23, 2012
Page 2
channel to retain the steep hillside. The retaining wall will be select, design and build by
a qualified subcontractor. The existing modular building at the bus barn site will be
moved to the upper bench to the north and the fuel storage tanks at the existing bus
facility re- located and the excavation backfilled.
The project was designed primarily by CDM Smith and Alpine Engineering, and the
general contractor is FCI Construction. CDOT will oversee the infrastructure and site
work, and this portion of the project constructed to CDOT standards. A Form 250 will be
needed for the CDOT portion of the project. The Town of Avon through their Building
Department will oversee the building construction._ The project is scheduled to begin in
June 2012 and be completed in August 2013.
Of primary concern is constructing the site work to CDOT standards, the proper
installation of the rammed aggregate piers, and special inspection of the building
components. The rammed aggregate pier specifications are discussed in Addendum 6 to
the RFP dated May 11, 2012. The pier design should be reviewed prior to and observed
on a full time basis during installation by the geotechnical testing firm. Additionally the
select /design/build site walls will require design review and observations during
construction, and the concrete and asphalt mix designs should be reviewed by the
geotechnical testing firm prior to construction.
Disadvantage Business Enterprise (DBE) is a portion of the entire project with a target of
0.3% of the total project cost.
Testing and Special Inspection Services: Geotechnical materials testing and special
inspection services will be required during construction of the project to satisfy the Town
of Avon, CDOT requirements and the International Building Code (IBC). Elements of
the construction requiring material testing include soils compaction for the utilities
backfill and site work, concrete and reinforcement placement, and paving. Review of the
site retaining wall design prior to and observation and testing of the wall during
construction will also be needed. Special Inspection for the building construction will
include observation and approval of the rammed aggregate piers, excavation observations,
soils compaction, concrete placement and properties including reinforcement placement,
masonry and structural steel. CDOT Form 250 will also be required.
Overview of HP Geotech: HP Geotech is an employee -owned Colorado corporation
with headquarters in Glenwood Springs, and branch offices in Silverthorne, Parker, and
Colorado Springs. The firm was founded in 1993 by Dick Hepworth and Steve Pawlak
and specializes in geotechnical engineering, geologic and environmental services,
construction quality assurance and quality control, and materials testing. HP Geotech is
prequalified with the Colorado Department of Transportation (CDOT) for Geotechnical
Engineering, Materials Testing, Geological Engineering, Soils Engineering and
Engineering Expert Witness services.
Proposal No. 081 -12
Z`u 11
Town of Avon
May 23, 2012
Page 3
Our services will be provided through our Glenwood Springs office. Our Glenwood
Springs office serves as the base of operations for three registered Professional Engineers,
one registered geologist, twelve engineering /testing technicians, two document
production/clerical staff, and three corporate administration personnel. Personnel from
other offices will be utilized as needed.
Recent Similar Projects: HP Geotech proudly provides construction testing and
observation services for projects of all sizes and types ranging from infrastructure to
vertical construction. We have just begun two projects in Glenwood Springs with FCI
Constructors, the CMC /Library building and the downtown parking structure, and we
have a long standing relationship with FCI. Representative similar current and recent
projects in the area where we have provided construction testing services over the last
three years are presented below.
Walgreens Store, Avon, Colorado
HP Geotech is currently providing construction testing and inspection for the new
Walgreens Store which consists of a tall single story masonry and steel truss roof
structure supported with spread footings bearing on structural fill. The project
construction began in 2012 and is scheduled to be completed by fall of 2012. We
also performed the geotechnical study for design of the building and pavement
areas. Our primary contact for the project is Brandt Marott with Trinity
Development at (970) 331 -3164.
Valley View Hospital Phase 6 Expansion, Glenwood Springs, Colorado
HP Geotech is currently providing construction testing and inspection for this 48
million dollar, four -story over parking garage hospital expansion, supported on a
screw pile deep foundation system. The project construction began in 2010 and is
now completed. We also provided construction testing services for several prior
phase expansions of the hospital including the main, below grade parking
structure. Our primary contact for the project is Charlie Rawlins with J.E. Dunn
Construction at (970) 928 -8630.
Regional Wastewater Treatment Facility, Glenwood Springs, Colorado
We are currently performing construction testing for this new 22 million dollar
wastewater treatment facility and lift station for the City of Glenwood Springs.
Foundation bearing conditions were improved at this site through sub - excavation
of collapsible soils and replacement with compacted soil- cement. Portions of the
project are founded on driven piles. The project began in 2010 and is nearing
completion. HP Geotech also performed construction testing for the three -mile
dual force main connecting the lift station with the new treatment facility and the
access road for the project under separate contract with the City. Our primary.
contact for the project is Steve Vanderleest with the City of Glenwood Springs at
(970) 384 -6438.
Proposal No. UPI -12
tech
HP Geotech provided construction testing and inspection services for the
estimated 10 million dollar three -story Administration Building Expansion
Project. The concrete and steel -frame building with brick exterior is supported on
a rammed- aggregate pier foundation system. The project construction began in
2010 and was completed in 2011. We also provided testing and inspection for
several prior phase expansions of the Holy Cross Energy Complex in Glenwood
Springs. Our primary contact for the project is Barry Croissant with Holy Cross
Energy at (970) 945 -5491.
Lakota Fire Station, New Castle, Colorado
We provided construction testing and inspection services for the new 4.8 million
dollar Lakota Fire Station Project. The project was constructed in 2010. Our
primary contact for the project is Jerry Seifert with the Burning Mountains Fire
Protection District at (970) 930 -0126.
City Market #451, Grand Junction, Colorado
HP Geotech provided construction testing and inspection services for a new.
estimated 10 million dollar supermarket building constructed in 2010. Our
primary contact for the project is John Atwood with King Soopers at
(303) 778 -2735.
HP Project Team: Our proposed project team is comprised of experienced staff from
our Glenwood Springs and Silverthorne offices, and selected key sub - consultant
personnel with whom we have a strong relationship. Our team together has successfully
completed several similar projects, including those listed above, and all our team
members are experienced with providing testing and inspection services in Vail Valley
and Avon area. Our team is experienced and capable of providing the base scope of
services as well as needed. Our team consists of our responsible Registered Professional
Engineer/ Project Manager, Field Engineer, Senior Field Technicians, Structural Steel and
Welding Inspector, and Office Support staff.
At this time, we have not included any DBE sub - consultants but can review this and
include soil testing and laboratory testing such as soils and asphalt pavements samples if
desired. We should discuss this to subcontract and include DBE as a portion of our
services.
Project engineer /Manager for the project will be Dave Young with assistance from Tom
Westhoff, as needed. Tom has considerable experience with CDOT projects including
Form 250 submittals. Other key personnel for the project include: Brian Varnak, soils,
asphalt and concrete testing; James Parker, masonry inspection; Jared Cohen, asphalt and
concrete testing, Joe Benedict, pier installation observation and concrete testing. Our
structural steel inspections will be done by Doug Young with West Slope Testing and
rroposal wo, uNi -1Z
Ptech
Town of Avon
May 23, 2012
Page 5
Inspection of Grand Junction. Resumes for these personnel are attached as are
certifications.
Responsible Engineer /Project Manager: David A. Young, P. E. is a Registered
Professional Engineer in Colorado and member of ASCE with more than 30 years
(16 years at HP Geotech) of varied experience in geotechnical and environmental
engineering, construction observation and testing, and project management. He
has extensive experience in special mountain terrain issues in the Vail Valley and
western slope of Colorado such as for pile and pier foundation designs, pavement
design, groundwater drainage, retaining wall design and construction, as well as
managing numerous construction observation and testing projects. Mr. Young
will supervise and manage project with help from construction supervisors, senior
field engineers and technicians and other engineers as needed, and serve as the
primary point of contact. Mr. Young and will be responsible document review
and invoicing.
Construction Supervisor: Tom Westhoff, CET has more than 35 years (14
years at HP Geotech) of varied experience with construction observation and
testing, project management and geotechnical investigations. He maintains
NICET soil and ACI concrete certifications. Tom has considerable experience
wit CDOT testing and inspection projects, and will assist with supervision of the
project and preparing the CDOT 250 Forms.
Sr. Field Technicians: Brian Va n�ak is CDOT cert;fiPrl i„ soils and asphalt, and
ACI certified for concrete testing and has more than 20 years experience (18 with
HP Geotech) testing soil, asphalt, concrete, and inspection of reinforcing steel.
James Parker, RG is a senior field technican, Registered Geologist and ICC
certified in reinforced concrete and structural masonry inspection, and has ACI
concrete testing certification. He has more than 10 years experience (3 years at
HP Geotech) in construction materials testing and inspection, and geotechnical
engineering. Jared Cohen, senior field technician is CDOT certified in asphalt,
and ACI certified for concrete testing. He has more than 18 years experience (16
with HP Geotech) in construction observation and materials testing of soil,
asphalt, concrete, and reinforcing steel inspection. Sr. Field Engineer: Joe
Benedict is ACI certified for concrete testing and has more than 30 years
experience (18 with HP Geotech) observing pile and pier installations, testing soil,
asphalt, concrete, and inspection of reinforcing steel. Joe has a Bachelor Degree
in Civil Engineering will oversee the rammed aggregate pier installation.
Structural Steel and Welding Inspectors: Do Young has more than 26 years
experience in structural steel and welding as ban erector and an inspector. He
has provided inspection services for structural steel and welding for HP Geotech
on numerous projects including several in the Vail Valley. Doug is a member of
the American Welding Society (AWS), and is a Certified Welding Inspector
vroposai No. MI -12
G(' t@ch
Town of Avon
May 23, 2012
Page 6
(CWI). He is a Level II Ultrasonic Testing Technician and a Level II Magnetic
Particle Testing Technician. He is also certified by the International Code
Council (ICC) as special inspector for structural steel and welding.
Reports and Scheduling: The review of the rammed aggregate piers, the site retaining
walls and the concrete and asphalt mix designs will be submitted as professional engineer
stamped letter reports. The field observations and testing will be performed on full time
to part time basis as needed. The results of our observation and testing services
performed will be presented in daily field and laboratory reports, and summary letters as
appropriate.
We expect that FCI Constructors and /or the Owner's Representative will be responsible
for scheduling our services. We will set -up a method of contact and scheduling through
our Glenwood Springs office with the construction team.
Contract and Insurance: We have reviewed the Professional Serviced Agreement in the
RFP and find it generally acceptable. We carry Professional Errors and Omissions
Liability coverage in the amount of $1,000,000 Occurrence & Aggregate, and Umbrella
or Excess Liability in the amount of $3,000,000 Occurrence & Aggregate. These
coverages are less than the $2 million and $4 million requested in the RFP. Our general
and automobile insurance is a $1 million policy. We can provide the project insurance
certificate when requested.
Closure: As a local consulting firm with an experienced and qualified project team, HP
Geotech is well- suited to provide high - quality and economical testing and inspection
services for the project. We will combine our services with other project in the areas as
feasible to help reduce costs. If you have any questions, please contact me directly at
(970) 945 -7988 or by email at love whp�e�tech.com. We look forward to working with
you on this project.
Sincerely,
H PWORTH - P�AWLAK GEOTECHNICAL, INC.
David A. Young, P.
Attachments. Resumes for Young, Westhoff, Varnak, Parker, Cohen, Benedict,
and Young
Certifications for Varnak, Parker, Cohen Benedict, and Young
Completed Appendix C from RFP
cc: Town of Avon — Jeff Schneider (via e -mail,
Proposal No. 081 -12
C.19Otech
E-1
APPENDIX A
RESUMES
G( H
tech
HEPWORTH- PAWLAK
DAVID A. YOUNG
Sr. Project Engineer
EDUCATION
M.S., Civil Engineering, University of Kansas, 1996
B.S., Civil Engineering, University of Kansas, 1978
REGISTRATION
Professional Engineer: Colorado
EXPERIENCE
Hepworth- Pawlak Geoteehnical. Inc.
5020 County Road 154
Glenwood Springs. Colorado 81601
Phone: 970- 945 -7988
Fax: 970 -945 -8454
Email: hpgeo @hpgeotech.com
Mr. Young has over 25 years experience in geotechnical consulting and construction
and materials testing services. At HP Geotech he provides project engineering and
management support for geotechnical investigations and construction observation
and testing projects. Typical projects include deep and shallow foundation design,
including that for bridges, commercial and residential developments, grading of
steep hillside terrain, low earthen embankments, analysis and remedial repair of
distressed buildings, and pavement design for roadways and airports.
Mr. Young has gained considerable experience in slope stability analysis, hillside
dewatering and landslide mitigation improvements. His background includes
instrumentation for slope movement and piezometric pressures. He also supervises
technicians and junior engineer's work on construction observation and testing
projects. Mr. Young's college thesis research work was on durability of cold recycled
asphalt pavement stabilized with type C fly ash.
His technical field skills include subsurface exploration with auger, rotary, core and
percussion drilling methods, seismic refraction, and electrical resistivity surveys for
geotechnical projects. Mr. Young has also performed hydrologic and chemical
measurements of hot springs water in the Glenwood Canyon area as part of the
Colorado River salinity study.
PROFESSIONAL MEMBERSHIPS
American Society of Civil Engineers
PUBLICATIONS
Cross, Stephen A. and David A. Young, Evaluation of Type C Fly Ash in Cold In-
Place Recycling, Transportation Research Record No. 1583, Transportation Research
Board, National Research Council, Washington, D.C., 1997, pp. 82 -90.
Parker 303 -841 -7119 - Colorado Springs 719- 633 -5562 • Silverthorne 970 -168 -1989
G WW* H
_tech
HEPWORTH - PAWLAK
THOMAS J. WESTHOFF
Construction Services Manager
CERTIFICATIONS
Hepworth - Pawlak Geotechnical, Inc.
5020 County Road 154
Glenwood Springs, Colorado 31601
Phone: 970- 945 - 7938 -_._
Fax: 970 - 945 -8454
Email: hpgeo@1,hpgeotech.com
National Institute for Certification in Engineering Technologies ( NICET),
Associate Engineering Technician, NICET Level II
Nuclear Testing Equipment - Safety and Operation
American Concrete Institute (ACI)_ Concrete Field Technician Grade l-
Asphalt Institute, Hot Mix Asphalt Pavement Seminar
American Management Association, Project Management Course
Western Alliance for Quality Transportation Construction (WAQTC),
Embankment /Base Testing (2002)
EXPERIENCE
Mr. Westhoff has more than 27 years (12 years at HP Geotech) of varied experience
with construction observation and testing, and geotechnical investigations. He has
hands -on experience with field and laboratory testing of soils, concrete and asphalt
paving, and with geotechnical investigations using auger and core drills, and test pits.
Mr. Westhoff has supervised and managed quality assurance programs for large
construction projects, materials testing laboratories, and field construction testing
services. He is also proficient with the preparation of proposals, cost estimates and
reports. Mr. Westhoff is experienced with internal quality and cost control and
preparation of project summary reports for regulatory agency compliance. He has
also served as the company Radiation Safety Officer, responsible for maintaining
compliance with the U.S. Nuclear Regulatory Commission and Department of
Transportation requirements for the transportation and use of testing equipment
containing radioactive material.
PROFESSIONAL HISTORY
Hepworth - Pawlak Geotechnical, Inc., Glenwood Springs, Colorado, Construction
Services Manager, 1998 to Present
Westec, Inc., Reno and Winnemucca, Nevada, Laboratory Manager, Field Services
Manager, and Branch Office Manager, Radiation Safety Officer, 1985 to 1998
Steffen, Robertson and Kirsten (SRK), Denver, Colorado, Quality Assurance
Engineer, 1984 -1985
Western Technologies, Ine.(WTI), Phoenix, Arizona, Senior Engineering
Technician, 1979 -1984
Chen and Associates, Inc., Glenwood Springs, Colorado, Field and Laboratory
Engineering Technician, 1978 -1979
Lincoln DeVore Testing Laboratory, Glenwood Springs, Colorado, Drillers
Helper, Field and Laboratory Technician, 1977 -1978
Louis C. Eitzen Company, Glenwood Springs, Colorado, Calibration Technician,
1976 -1977
Parker 303 -541 -7119 - Colorado Springs 719 -633 -5562 • Silverthorne 970 -468 -1989
Hepworth - Pawlak Geotechnical, Inc.
.5020 Countv Road 154
CO; - te Glenwood Springs, Colorado 81601 ch
Phone: 97Q -9 5- 79813_.
HEPWORTH- PAWLAK Fax: 970-945-8454
Finail: hpgeo@hpgeote ch. coin
JAMES A. PARKER, PG, EIT
Construction Services Project Manager
EDUCATION
B.S., Geology, Arizona State University, 2001
REGISTRATION
Registered Professional Geologist: Arizona (Reg. No. 49077)
Engineer -in- Training: Arizona
EXPERIENCE
Mr. Parker has approximately 12 years experience (3 years at HP Geotech) in the
fields of construction materials testing and inspection and geotechnical engineering.
Mr. Parker's experience has been in the roles of Field and Laboratory Technician
and Inspector, Laboratory Manager, Supervisor, Project Manager, and Office
Manager.
Mr. Parker is responsible for the construction services supervision of field and
laboratory technicians, project management, field and laboratory data review, report
writing and proposal preparation. Typical projects include ski resort facilities,
commercial and residential developments, roadway infrastructures, airport and
municipal facilities, and asphalt and concrete paving projects.
Mr. Parker's past project experience includes: construction materials testing and
inspection and geotechnical engineering on highway, infrastructure, commercial,
industrial, and residential projects in California, Nevada, Arizona and Colorado.
Projects of interest include Project Management of materials testing and inspection
on numerous big box commercial projects, large scale residential subdivision
projects including mass grading and infrastructure, and foundation studies for a
Portland Cement Plant in Drake, Arizona, a Portland Cement Distribution Center in
Tolleson, Arizona, and a high rise Office Building in Phoenix, Arizona.
PROFESSIONAL HISTORY
Hepworth - Pawlak Geotechnical, Inc., Glenwood Springs, Colorado, Construction
Services Project Manager, June 2008 to Present
Kleinfelder, Tempe, Arizona, Project Manager, January 2008 to June 2008
Professional Service Industries, Inc. (PSI), Tempe, Arizona, Geotechnical Project
Manager, April 2007 to January 2008
Western Technologies, Inc. (WTI), Flagstaff, Arizona, Geotechnical Coordinator,
2005 -April 2007
Western Technologies, Inc. (WTI), Bullhead City, Arizona, Director of Materials
Testing Services, 2003 -2005
Western Technologies, Inc. (WTI), Bullhead City, Arizona, Project Manager,
2002-2007
Terraeon Consulting, Tempe Arizona, Engineering Technician, 2001 -2002
Parker 303 -84t -7119 • Colorado Springs 719 - 633 -5562 • Silverthorne 970 -468 -1989
H �'
t
HKPWORTH- PAWLAK GKOTKCHNICAL
BRIAN K. VARNAK
Senior Engineering Technician
EDUCATION
Ilepworth- Pawlak Geotechnlcal, Inc.
5020 County Road 154
Glenwood Springs, Colorado 81601
- Phoner 970- 945 - 7988.._
Fax: 970 -945 -8454
Email: I, pgeooyhpgeotech.coin
High School Diploma, Denver Christian School.
Attended Colorado State University and Arapahoe Community College, Pre -
Engineering.
CERTIFICATIONS
ACI Concrete Field Technician - Grade 1
Troxler Nuclear Gauge Certified
WAQTC Embankment Certification
LabCAT Level A, B & C Training and Certifications
ACI Concrete Strength Testing Technician
EXPERIENCE
Mr. Varnak has 12 years of experience in the construction materials testing
industry. Mr. Varnak joined H -P Geotech in April 2000. He has gone through
training for various certificates and in -house training. He performs all of the
various laboratory testing including soil, asphalt and concrete. He also performs
field inspections including soil compaction, asphalt laydown and concrete testing.
He also performs special masonry inspections, reinforcing steel and drilled shaft
observations. Specific jobs include Parker Arts, Cultural and Events Center,
Parker Police Headquarters, Parker Arts, Cultural and Events Center, South
Chambers Road, Hess Road Extension, Progress Lane Roadway Improvements
and East Mainstreet Streetscape (Town of Parker) I.A.T Testing for County Line
Road (University Boulevard to Colorado Boulevard) and University
Boulevard/County Line Road Intersection (Douglas County), Chambers Road
Extension and West Mainstreet Improvements (Douglas County), Pine Lane
Extension (Town of Parker), CDOT Highway 50, Fruita, Mainstreet Widening and
20 Mile Improvements (Town of Parker), North Water Reclamation Facility,
Parker Ridge Well Facility, Zone Three Water Transmission Line, all in Parker; St
Vrain Waste Water Treatment Plant, South Platte Reservoir Pump Facility; several
Jefferson County Schools, AAFES at Buckley AFB, CDOT Highway 50, Kannah
Creek East road construction (Grand Junction), South Tani Reservoir in Thornton,
and others.
Parker 303 -841 -7119 - Coloraclo Springs 719 -633 -5562 - Silvertliorne 970 -468 -1989
G, H
Otech
HEPWORTH- PAWLAK GEOTECHNICAL
JARED L. COHEN
Construction Services Manager
I Iepworth -PawlA GfoLoJinical, Inc.
50201ounty Poad 15.4
Glenwood Springs, Colorado 81601
Phone: 970-945-7988-
12ax: 970- 945 -8454
EinaiL lipgeoo lygeotech.cona
EDUCATION B.A. Environmental Science — State University of New York,
Plattsburgh
Applied Environmental Science Program — Miner Institute, New York
Soils Engineering for Non- Soils Engineers — University of Wisconsin
CERTIFCATION Nuclear Gauge Testing; Radiation Safety
CDOT Asphalt Technician Certification: Level A, B and I
American Concrete Institute, Level 1
MSHA — 24 Hour Training
Colorado Department of Transportation: Erosion Control Supervisor
PROFESSIONAL SUMMARY
a Mr. Cohen has over eleven years of experience including major construction projects in the
rocky mountain area. Projects include underground utility installation, site development,
roadways, structure foundations, mine closures, cast -in -place concrete structures, steel frame
structures, post tension cable structures, quality assurance /control for fill control, footings,
drilled piers, reinforcing steel placement, spray applied fireproofing, structural masonry,
concrete, shotcrete, asphalt, evaluation of bearing soils for frost, soil percolation testing and
analysis, surveying and lot staking, stability, bearing capacity, subsurface investigation for
structures to provide design parameters, and proposals for construction projects quality
control/quality assurance.
Mr. Cohen provides field coordination with clients and staff, on site evaluations and
inspections, performs office coordination responsibilities, and prepares final reports and
letters for the Construction Services Division. Mr. Cohen also provides support to staff and
project managers through supervision of the Construction Services Division, Materials
Testing Laboratory, report review, and drafting.
Parker 303-841 -7119 • C+oloraclo Springs 719 - 633 -5562 • Silvertliorne 970 -468 -1989
EDUCATION
I lepwortlr- Pawlak Geoteclniical, lnc.
,5020 County Road 154
Glenwood .Springs, Colorado 81601
Pkmc:- 970 -9456 7958.-_____
Far: 970 - 945 -8454
Email: ilpket*f)J]pgCotech.com
University of Maine at Orono, Maine
A.-S..' _C.ivil Engineering Technology,_ 1976
B.S., Civil Engineering, 1980
Major: Soils and Foundations, Concrete
CERTIFICATION
American Concrete Institute (ACI) - Concrete Field Technician
Nuclear Testing Equipment - Safety and Operation
EXPERIENCE
Mr. Benedict has more than 31 years of varied experience with construction
observation and testing, geotechnical investigations, field engineering, and
estimating. He is proficient with construction observation and testing of soil,
reinforcing steel, concrete, masonry, asphalt paving, mechanically stabilized earth
(MSE) and soil -nail retaining walls, and with geotechnical investigations. He also
has hands -on experience with project planning, estimating and supervision. Mr.
Benedict has served as both engineering technician and project engineer for major
transportation and infrastructure projects. He is also proficient with the preparation
of proposals, cost estimates and reports.
PROFESSIONAL HISTORY
Hepworth - Pawlak Geotechnical, Inc., Glenwood Springs, Colorado, Staff Engineer
and Senior Field Technician, 1993 to Present
Chen Northern, Inc, Glenwood Springs, Colorado, Field Engineer, 1989 to 1993
O & G Industries, Inc., Torrington, Connecticut, Estimator and Project Engineer,
1982 to 1989
Chen & Associates, Inc., Glenwood Springs, Colorado, Field Engineer and Lab
Manager, 1979 to 1982
Parker 303-841-7119 • Coloraco Springs 7t9-633-5562 • Silverthorne 970-468-1989
Joseph Benedict
Page 2
JOSEPH E. BENEDICT
SUMMARY OF RELEVANT EXPERIENCE
Cordillera Valley Club, The Divide at Cordillera, The Ranch at Cordillera, and The
Summit at Cordillera, Eagle County, Colorado: Responsible for construction observation
and testing of roads and utilities for multiple filings of golf and residential developments in
mountainous terrain. Also performed geotechnical investigations for foundation and septic
system design for individual residences and observed foundation excavations to confirm
bearing conditions.
Bachelor Gulch Pillage, Eagle County, Colorado: Assisted with construction observation
and materials testing services for large residential and commercial development at the
Beaver Creek Ski Area south of Avon. The construction services included observation of
soil bearing conditions for bridge and underpass support, observation and compaction
testing of fill placement for infrastructure construction including multi- tiered MSE retaining
walls, subgrade preparation and base course and asphalt testing for roadways, and concrete
testing.
Battlement Mesa, Garfield County, Colorado: Performed construction observation and
testing of site grading, utility trench backfill and road construction during initial construction
of new residential community for oil shale development by Exxon. Also observed
foundation excavations to confirm bearing conditions.
Connecticut D. 0. T. Project 73 -146, Resurfacing of SR 800, Torrington, Connecticut:
Project Engineer responsible for planning and supervision of drainage improvements,
pavement removal and resurfacing of highway.
Connecticut D.O.T. Project 34 -211, Widening and Rehabilitation of Route 6, Danbury,
Connecticut. Project Engineer responsible for supervision of widening and reconstruction of
highway over Conrail.
Cathedral Bluffs Oil Shale Venture, Rio Blanco County, Colorado: Provided observation
and testing of site grading, pipeline trench backfill, road and pond embankment construction
and structural concrete testing during development of oil shale project by Occidental Oil
Company.
RESUME
Douglas E. Young Page 1 of 2
3177 Glendam Dr.
Grand Junction CO 81504
Phone 970 - 434 -6988
Cellular 970 - 260 -2844
Education/Training:
Grand Junction High School Graduate 1982
20 hour Magnetic Particle training class 1997
80 hour Ultrasonic training class 1998
15 hour Structural Steel Inspection Seminar 2005
8 hour Visual Inspection training workshop 2005
Certifications:
ICBO Certified Special Inspector Structural Steel & Welding #5102224 -85 (see
attached cert.)
American Welding Society; Certified Welding Inspector (C.W.I.) #96070131 (see
attached cert.)
Level II Ultrasonic testing technician (see attached cert.)
Level II Magnetic Particle testing technician (see attached cert.)
Experience:
23 years in steel fabrication/erection industry. Ten years as Structural Steel
Welding /Bolting Inspector and nondestructive testing technician.
Employment History:
Started employment at Grand Junction Steel in 1982 as welder /fitters helper.
Worked under many top notch welder /fitters in the early 1980's learning the steel
fabrication /erection trade. I was able to advance relatively fast even though Grand
Junction Steel, and the industry as a whole was on the decline. By 1986 I was
promoted to class IA fitter /welder due to my ability to learn fast, work hard, and
produce quality products. In 1990 I was promoted to Master Mechanic the highest
fitter /welder classification at Grand Junction Steel. It was the company policy that
the welders /fitters visually inspect their own welding & high strength bolted
assemblies before the quality control personal inspected them. I was able to learn a
Page 2 of 2
lot about welding inspection & high strength bolting requirements as we
fabricated large steel framed buildings, and fabricated & preassembled state &
federally funded highway bridge girders that due to the high cyclic loading had to
meet a high quality standard.
In 19941 started employment at Colorado Bridge & Iron Inc. in Grand Junction
Colorado. I performed welding & dimensional inspections of structural steel
components. In the spring of 19961 was offered the opportunity to take the AWS
CWI exam. I passed the exam the first time to the level of C.W.I. (certified
welding inspector). I was promoted to Quality Control manager on July 1 st 1996.
In 1996 & 1997 I gained experience hours under Joe Dowdy in ultrasonic &
magnetic particle testing towards level II certification. In 1997 I became certified
as level II in magnetic particle testing and in 1998 became certified as level II in
ultrasonic testing. During the time that I was QC manager /inspector we were
A.I.S.C. certified for complex steel structures and major steel bridges with fracture
critical endorsement. We fabricated & erected a variety of projects including
single & multiple story buildings, plate & rolled beam bridges, fracture critical
arch bridge, and two stayed cable bridges with steel towers.
In 20011 became self employed as an independent inspector /testing technician
due to the fact that Colorado Bridge & Iron Inc. went out of business. Since
becoming self employed and doing business as West Slope Testing & Inspection I
have worked for a variety of clients performing structural steel welding & bolting
inspections, non destructive testing, and welder certification testing. I have
performed special inspections & testing on many large & small commercial
projects including hospitals, schools, and ski lodges up to five stories high. I have
also performed many special inspections on large & small residential projects in
the Aspen, Snowlnass, and Telluride areas.
References:
Steve Rush at Buckhorn Geotech 970 - 249 -6828 (see attached letter)
Mike Evans at HP Geotech 970 - 945 -7988 (see attached letter)
Ralph Seely (former owner of CBI) 241 -7534
CERTIFICATIONS
Proposal No. 081 -12
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UnJVerSW Testing Inc.
393 South Main
Clearfield.- Utah_ _
84015
Phone: (801) 773 -5959
Fax: (801) 815 -5755
NON-DESTRUCTIVE TESTING
CERTIFICATION AND PERSONNEL RECORD
Name: Douglas E. Young Stamp: CWT 96070131
CompanY: West Sloae+ Testing anInspection
Method: Magnetic Particle Inspection (,MT)
Level of Certification: Level II Date: 01/02/2002
Education: High School ____.Grand Junction High 1982
College
Other
Experience: 800 Hrs obtaing¢ at Cojorado Bridgg & Iron performing Magnetic Particle
Inspections. from 112011997 to 09f7/2001
Training: 20 Urs of classro m formal training at Universal Testing from 1 & 2 Any'!,
1997 '
Additional Information: Also certified aj,,Levelffia,Uftr asoi. ic and Inspections ¢ AW,
DWI
NOTE: All personnel are certified in accordance with MIL-STD-410F, SNT TC -1A and
UTT ¢C -10
Test Grades: General 95.0 1 Specific 95.0 Practical 100
Average 97
Date of Certification: 01/02/2002 Examiner:
M. S. Multi n, Level III
APPENDIX C
REQUIRED CONTRACTING FORMS
AND
CERTIFICATIONS
Proposal No. 081 -12
GecPtech
FORM C.l
TOWN OF AVON
PROPOSAL SUBMISSION FORM
THE PROPOSAL SUBMISSION FORM MUST BE COMPLETED BY THE FIRM
AND RETURNED WITH THE RFP.
We have carefully examined and fully understand the Terms and Conditions, Specifications and
Requirements, and related documents for the I -70 RTOF and do agree to all terms and conditions by so
signing this document. Withdrawals, cancellations, etc., will not be accepted unless authorization is given
by the Town Manager / Procurement Officer: -
Company Name Representative's Signature
(Must be signed in ink)
Z
Address res 14ie,► /-
Representatives Name
(Please type or Print)
y 7-Pn S'n 04
City, State, and Zip o
Email Act -Tess
4A131Z
Date
7,/,g -�5�
Fax Number
?70 -9y�-7� ke
Telephone Number and
Extension
PLEASE INDICATE YOUR LEAD TIME UPON NOTIFICATION OF AWARD:
Signing the Agreement affirms that the original RFP document has not been altered in any
way.
RFP 2012RFP02 C -1 May 3, 2012
1 -70 RTOF
(9
FORM C.2
DECLINE PROPOSALBID FORM
Please complete this form if you do not wish to respond to this solicitation:
Proposal /Bid #
Proposal /Bid Title
Proposer /Bidder Company Name
Address _
Telephone Number
Contact Person
Reason for not submitting a Proposal/Bid in response to this solicitation.
Thank you for your assistance. Please return this form to:
Procurement Officer
RFP 2012RFP02
1 -70 RTOF
C -2
May 3, 2012
FORM C.3
CORPORATE CERTIFICATION OF ILLEGAL ALIENS
NOTIFICATION OF IMMIGRATION COMPLIANCE REQUIREMENTS AND
CERTIFICATION �B^�/Y CONTRACTOR (ENTITY)
�t.CAWV "Contractor" herein) acknowledges that
Contr ctor has been notified of the immigration compliance requirements of C.R.S. § 8 -17.5-
101, et.seq. (House Bill 06- 1343), and hereby CERTIFIES that:
1. The Contractor shall not knowingly employ or contract with an illegal alien to perform work
under the public contract for services; or
2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
the public contract for services;
3. The Contractor has verified or attempted to verify through participation in the basic pilot
program that the Contractor does not employ any illegal aliens and, if the Contractor is not
accepted into the basic pilot program prior to entering into a public contract for services, that the
Contractor shall apply to participate in the basic pilot program every three months until the
Contractor is accepted or the public contract for services has been completed, whichever is
earlier. This provision shall not be required or effective in a public contract for services if the
basic pilot program is discontinued;
4. The Contractor acknowledges that the Contractor is prohibited from using basic pilot program
procedures to undertake pre - employment screening of job applicants while the public contract
for services is being performed;
5. If the Contractor obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien, the Contractor
shall be required to:
(A) Notify the subcontractor and the contracting state agency or political subdivision within
three days that the Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(B) Terminate the subcontract with the subcontractor if within three days of receiving the notice
required pursuant to subparagraph (A) of this Section 5 the subcontractor does not stop
employing or contracting with the illegal alien; except that the Contractor 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.
6. Contractor is required to comply with any reasonable request by the State Department of
Labor and Employment ( "Department" herein) made in the course of an investigation that the
Department is undertaking pursuant to the authority established in C.R.S. § 8- 17.5 - 102(5).
RFP 2012RFP02 C -3 May 3, 2012
1 -70 RTOF
7. If Contractor violates a provision of the public contract for services required herein may
terminate the contract for a breach of the contract. If the contract is so terminated; the Contractor
shall be liable for actual and consequential damages to the Town.
8. Town of Avon is obligated to notify the office of the secretary of state if a contractor violates a
provision of this Addendum and the Town terminates the contract for such breach. Based on this
notification, the secretary of state shall maintain a list that includes the name of the Contractor,
the state agency or political subdivision that terminated the public contract for services, and the
date of the termination. A contractor shall be removed from the list if two years have passed
since the date the contract was terminated, or if a court of competent jurisdiction determines that
there has not been a violation of the provision of the public contract for services required
pursuant to Section I. An agency or political subdivision shall notify the office of the secretary of
state if a court has made such a determination. The list shall be available for public inspection at
the office of the secretary of state and shall be published on the internet on the website
maintained by the office of the secretary of state.
9. The Department may investigate whether a contractor is complying with the provisions of a
public contract for services required pursuant to Section I. The Department may conduct on -site
inspections where a public contract for services is being performed, request and review
documentation that proves the citizenship of any person performing work on a public contract for
services, or take any other reasonable steps that are necessary to determine whether a contractor
is complying with the provisions of a public contract for services required pursuant to Section I.
The Department shall receive complaints of suspected violations of a provision of a public
contract for services (this Addendum) and shall have discretion to determine which complaints,
if any, are to be investigated. The results of any investigation shall not constitute final agency
action. The Contractor is hereby notified that the Department is authorized to promulgate rules in
accordance with article 4 of title 24, C.R.S., to implement the provisions of C.R.S. § 8- 17.5 -101,
et. seq.
Dated this _ day of , 201 r--
By
L, G°/L an authorized agent of�',o�.�t
[Printed Name] [Company Name]
[Signature]
RFP 2012RFP02 C -4 May 3, 2012
1 -70 RTOF
FORM CA
ACKNOWLEDGMENT OF ADDENDA RECEIVED
The undersigned acknowledges receipt of the following addenda to Town Request for Proposal
documents (give number and date of each):
Addendum Number
Dated:
Addendum Number
Dated:
Addendum Number
Dated:
Addendum Number
Dated:
Addendum Number
Dated:
Failure to acknowledge receipt of all addenda may cause the proposal to be considered non-
responsive to the request which would require rejection of the proposal.
The undersigned understands that any condition stated above, clarification of the above, or
information submitted on or with this form other than requested will render the quotation non-
responsive.
Firm Name: /'7Giea✓ oZ f�, — �c. v, r' ' f GGt�h c C �C,
Address: 50 Zd
By:
Signature of Authorized Official
Title: ,L' ACS ide
Date: .SZZ3 v-
RFP 2012RFP02 C -5 May 3, 2012
1 -70 RTOF
FORM C.5
FINANCIAL & EXCEPTION STATEMENT
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets.
You may submit any additional information you desire, but the total number of pages for this
attachment should not exceed ten (5) pages.
o Name of Respondent: Hey klr&"t 7�, �a 11,1AL Clc* �CCA ,,t C�'C�
o Permanent main office address and phone number: �0
o When Organized: /, 1� 3
o If a corporation, where incorporated: <::::6 /, r",;,
o How many years have you been engaged in the business under your present firm or trade
name? /�
• Give bank references:
� ? �.w !� � %Cent 4A 1s oPA
• What type of liability insurance, and what coverage limits do you currently carry for your
organization, and give the name Gnof the insurance carrier:
v (`//lam� lie 't u Cne "-3 C, 1-j �--
'Y�
o Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Town? XCS
RFP 2012RFP02 C -6 May 3, 2012
1 -70 RTOF
The undersigned Offeror acknowledges the right of the Town to reject any and all proposals
- -- - -- submitted and to waive informalities therein. All participating Offerors, by their signature
hereunder, shall agree to comply with all conditions, requirements, and instructions of this RFP
as stated or implied herein. Print the words "No Exceptions" here
NO � if there are no exceptions taken to any of the terms, conditions,
or specifications of these quotation documents. If there are exceptions taken to any of these
terms, conditions or specifications of these quotation documents, they must be clearly stated on a
separate sheet of paper, attached to this quotation sheet and returned with your quotation. Should
the Town omit anything from this RFP package, which is necessary to a clear understanding of
the requirements, or should it appear that various instructions are in conflict, then the Contractor
shall secure instruction from Justin Hildreth, telephone number (970) 748 -4045, prior to the date
and time of the deadline for questions shown in the RFP.
The Offeror agrees that no proposal may either be changed or withdrawn, without the consent of
the Town for a period of sixty (60) days after the scheduled time for opening the proposals.
The Offeror shall certify (a) that his/her proposal is genuine and is not made in the interest of, or
on behalf of, any undisclosed person, firm, or corporation; (b) that he /she has not directly or
indirectly induced or solicited any other Offeror to put in a false or sham bid; (c) that he /she has
not solicited or induced any other person, firm, or corporation from proposing; and (d) that
he /she has not sought by collusion to obtain for himself/herself any advantage over any other
Offerors or over the Town.
The undersigned hereby authorizes and requests any person, firm or corporation to furnish any
information requested by the Town in verification of the recitals comprising this Statement of
Respondent's Qualifications:
Dated at:
WA This '� 3 day of 20
Hego 6,�YL -R 04-CCA tG4-2
(Name of Contractor)
By:
Title: ,E> CAS � d��' ✓�, �--
State of Co �o ✓`mod o
County of zip.
RFP 2012RFP02 C -7 May 3, 2012
1 -70 RTOF
Being duly sworn deposes and says that he /she is the R:!-C S f dG� of
- - jewa^+ and that the answers to the foregoing questions and all-
statements therein contained are true and correct.
Subscribed and sworn to before me this day of IV ,20 I,Z .
(Notary Public)
/("0/
(Address)
My Commission Expires 2 3 K-P-- , 20_.j Q .
REBECCA ;
NORVELL
gTFOF C0�
My Comm. Exp. 06 -23 -2012
RFP 2012RFP02 C -8 May 3, 2012
I -70 RTOF
FORM C.6
AFFIDAVIT CONCERNING CONFLICTS OF INTEREST
AND NONCOMPETITIVE PRACTICES
The undersigned, being first duly sworn, on oath states on behalf of the Contractor:
A. Conflict of Interest
That the Contractor, by entering into this Contract with the Town to perform or provide work, services, or
materials to the Town, has thereby covenanted, and by this affidavit does again covenant and assure that it
has no direct or indirect pecuniary or proprietary interest and that it shall not acquire any such interest
which conflicts in any manner or degree with the services required to be performed under this Contract
- -- - -- - and that it shall not employ any person or agent having any such interest. In the event that the Contractor
or its agents, employees, or representatives hereafter acquire such a conflict of interest, it shall
immediately disclose such interest to the Town and take action immediately to eliminate the conflict or to
withdraw from this Contract, as the Town may require.
B. Contingent Fees and Gratuities
That the Contractor, by entering into this Contract with the Town to perform or to provide services or
materials for the Town, has thereby covenanted and by this affidavit does again covenant and assure:
1. That no person or selling agency except bona fide employees or designated agents or representatives of
the Contractor have been employee or retained to solicit or secure this Contract with an agreement or
understanding that a commission, percentage, brokerage, or contingent fee would be paid; and
2. That no gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the
Contractor or any of its agents, employees, or representatives to any official member, Council Member, or
employee of the Town or other governmental agency with a view toward securing this Contract or
securing favorable treatment with respect to the awarding or amending or the making of any
determination with respect to the performance of this Contract.
Com1fan Name
By
,?o'4 j'e ry:
Title
Subscribed and sworn to before me
Notary Public
This y of(}1(IG�Q _ residing i
20, in and for the State of
the y o v� Y
�`.• "•" • -':tee'
Notary Signature Commission Expires: REBECCA
NORVELL
�Z�>
W Comm. Exp. 06 -23 -2012
RFP 2012RFP02 C -9 May 3, 2012
I -70 RTOF
FORM C.7
NON- COLLUSION BIDDING CERTIFICATE
TOWN OF AVON GOVERNMENT (d.b.a. the Town)
By submission of this bid, each bidder and each person signing on behalf of any bidder certifies,
and in the case of a joint bid, each party certifies as to its own organization, under penalty of
perjury, that to the best knowledge and belief:
I. The prices in this bid have been arrived at independently without collusion, consultation,
communication, or agreement, for the purpose of restricting competition as to any other matter
relating to such prices with any other bidder or with any other competitor.
2. Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder prior to opening, directly or indirectly to any other bidder or
competitor.
3. No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit or not submit a bid for the purpose of restricting
competition.
Comp ny Name
Signature of Company Official
Title
Date
RFP 2012RFP02 C -10 May 3, 2012
1 -70 RTOF
54t vt n. L .'?A IA-k— , being first duly sworn and deposes and says:
4
I. Thatphe is the (Preside or other official title) of
�r�aGlO [r Taw- la�Glrwat. Company, Partnership, or Corporation) organize and existing under
any by virtue of the laws of the State of Co�Q >^040 and in whose beha
Affidavit: she makes this
2. That does not and will not discriminate in its employment practices because of race,
ancestry, color religion, sex, age, national origin, physical or mental disability, or veteran status, as
Defined and required by law.
3. That' k� k, further understands this contract, purchase order or agreement is subject to
the Urban Mass Transportation Act of 1964, as amended (49 USC 1601, ETSEQ.); and shall be subject to
all rules and /or regulations issued pursuant thereto regarding nondiscrimination in federally assisted
programs of the United States Department of Transportation (USDOT).
4. That any listed persons, firms or corporations have interest in this proposal /bid as subcontractors; that
this proposal /bid is offered without any connection or without collusion or fraud, and also that no member
of the trustees, head of any department or bureau, or employee therein, or any employee of the Town, is
directly or indirectly interested therein.
5. That they acknowledge receipt herein of the Town Procurement Policy and agree to abide by its rules,
whether or not herein specifically itemized.
Comp— y, Partnership or Corporation name
� �9-, , -P
President or other Official
Subscribed and to before me, this �, day of _ 0��� 20
Seal
Notary Public in and for the County of
01,.( P e.l of , State of Cj
My commission expires on the 3 day of GL 20.
REBECCA
• NORVELL
." '.,
,My Comm. Exp. 06 -23 -2012
RFP 2012RFP02 C -11 May 3, 2012
1 -70 RTOF
FORM C.9
CERTIFICATION OF PRIMARY PARTICIPATION REGARDING DEBARMENT,
SUSPENSION, and MATTERS OF RESPONSIBILITY
FTA C2015.1 4/28/89
The primary Participant (potential contractor for third party contract) He pwro-�A- )Pa,,,," r,4l C
certifies to the best of its knowledge and belief, that it and its principals: "—
1 . Are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of these offenses enumerated in paragraph (2)
of this certification; and
4. Have not within a three -year period preceding this application/proposal had one or more
public transactions(s) (Federal, State, or local) terminated for cause or default.
(If the primary participant (applicant for potential third party contract) is unable to certify to any
of the statements in this certification, the participant shall attach an explanation to this
certificate.)
The primary participant (applicant for a third party contract), L , f a "1C
certifies or affirms the truthfulness and accuracy of the contents of the statements
submitted on or with this certification and understands that the provisions of 31 U.S.C.
section 3801 ET SEQ are applicable thereto.
Signature and Title of Authoriz
Official
Date
RFP 2012RFP02 C -12 May 3, 2012
I -70 RTOF
FORM C.10
CERTIFICATION REGARDING LOBBYING
The undersigned, Q'OV C 17L L, Aw ovk certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an 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 contract, the making of any Federal grant, the making 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.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee 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 [as amended by "Government
wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person
who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form
shall be subject to a civil penalty if not less than $10,000 and not more than $100,000 for each such
expenditure or failure.
The Contractor, 'AWWQ 1,�'�ra7Uc�. r�Cc�i,7� Cc� certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C.A. 3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
and Title of Contractor's Authorized Official
2 Date
RFP 2012RFP02 C -13 May 3, 2012
1 -70 RTOF
FORM C.11
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348.0046
(See reverse for public burden disclosure_)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
(tea, bid /offer /application
( 1 a. initial filing
L_1 b. grant
( 'b. initial award
__J b. material change
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
year quarter
e. loan guarantee
date of last report
_ f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity In No. 4 is a Subawardee, Enter Name
❑ Primo [❑ Subawardee
and Address of Prime:
Tier , if known,
Congressional District, ifknown:
Congressional District, if known;
6. Federal Department/Agency:
7. Federal Program Name /Description;
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Entity
b. Individuals Performing Services (including address if
(if individual, last name, first name, Ml):
different from No. 10a)
(last name, first name, Ml):
(attach Confinunfinn Shool(s
) SF -LLLA, if necessa
11. Amount of Payment (check all that apply):
13. Type of Payment (check alf that apply):
❑ actual ❑ planned
[] a. retainer
b. ono -timo foo
❑ c. commission
12. Form of Payment (check all that apply):
Flo, cash
❑ d. contingent fee
❑ b. in-kind; specify: nature
❑ e. deferred
value _.___..._._ ._
❑ f. other; specify: _
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s),
employee(s), or Member(s) contacted, for Payment Indicated in Item 11:
attach Continuation Sheel(s) SFLLLA, it necessary)
15. Continuation Sheets SF -LLLA attached: ❑ yes rf No
16 Iolmwau it royuaeled tthrough the form is x,Ihoiized w urn 31 usr. wwn
Signature:
1352. 111% J,Wt ule ol lobbying adml. �a a hiarenal representatbn of fact
neon whmh terror" was p'nmd by the tier ebrwn rJrrn this buwits mad*
Print Name: �7t e C YL L t t,✓ l G
into.
a enterntl into. Thb 65dosure Is reyrdrud � rsuonl l0 31 U.S.C. Us.C. 13x2 thn
Title: e'" t dot
Informntbn will be repotted to Oro Congress farm -annua ly and ml be avmlah'b for
Airy fees
public mspecbon. person oho to We the rNuued dlsGOlure sbnl he
v C�
Telephone No.: _! ?f7��}�5 ?9 Date: Z y
5ulr,ect to a civil "natty nt not less Ihat 570.000 and not Won thnn 5100.000 for
each Sorb fa lure.
Federal Use Only:
Authorized for Local Reproduction
standard Form LLL (Rev. 7.97)
RFP 2012RFP02
1 -70 RTOF
C -14
May 3, 2012
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardaoor prime Federal recipient, at Ilia initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. 'rho filing of a form is required for each payment or agreement to make
payment to any lubbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer nr employee of
Congress, or an empioyacof a Memberof Congress in connocilon with a covered Federatactlon. Use the SF -LLLA ContlnuallonSheet for additional information if
the space on the form is Inadequate. Complete all items Ihal apply for both the initial filing and malarial change report. Refer to the implementing guidance
published by the Office of Management and Budget for additional Information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the_ sinitis of the covered Fedoral action.
3. Wontify the appropriate classification of this report if this is a followup report caused by a material change to the Information previously reported, enter
the yearand quarter In which Ilia change occurred. Enter, the data of the last pravtouslysubmitted report by this reporting entity for this covered Federal- - -
action.
4. Enter the full name, address, city, Slate and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification
of the reporting entity that designates if it is, or expects to be, a pdme or subaward recipient. Identify Ilia liar of the subawardee,e.g., the first subawardee
of ilia prime is the 1st tier. Subawards Include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 chocks "Subawardoe," then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known.
8. Enter the name of the Federal agency making the award or loan commitment. Include at least one orgnnizalionoilevelbelow agency narnrr, if known. For
example, Department of Transportation, United States Coast (3uard.
7. Enter the Federal program name or description for the covered Federal action (itom 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal Identifying number available for Ihn Federal action identified in dnm t (o.g., Request for Proposal (RFP) number;
Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or Juan award number; the appticalionrproposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90 -001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlloon
commitment for Ilia prime entity idarildled In item 4 or 5.
10. (a) Enter fire full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence Ilia covered
Federal action.
(b) Enter the full names of the individuai(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11 Entortho amountof compensationpaid or reasonablyexpectedto be paid by the reporting entity (Item 4) to ilia lobbying entity (itorn 10). Indicate whather
[lie payment has been made (actual) or will be made (planned). Check all boxes that apply. if this is a material change report, enter Ilia cumulalivo
amount of payment made or planned to be rnade.
12. Check the appropriatebox(es). Check all boxes that apply. If payment is made through an In -kind contribution, specify the nature and value of the irrkind
Payment.
13 Check the, appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provides specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, sad the dale(s) of any services
rendered. Include nit preparatory and related activity, not just time spent in actual contact with Federal officials. Identify lire Federal official(s) or
employee(s) contacted or the officei(s), empfoyce(s), or Members) of Congross that wore contacted.
15 Check whether or not a SF -LLLA Continuation Sheet(s) is attached.
10. The certifying official shall sign and date the form, print his/her mime, title, and Ielaphorin number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Centro
Number. The valid OMB control number for this information collection is OMB No. 0348.0048. Public reporting burden for this collection of information is
estimated to average 30 minutes per response, including lime for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estirnatn or any other aspect of this collection of
information, including suggestions for reducing this burden, to ilia Office of Management and Budget, Paperwork Reduction Project (0348 - 0048), Washington,
DC 20503.
RFP 2012RFP02 C -15 May 3, 2012
1 -70 RTOF
FORM C.12 — W -9
Form W -9 TaxpayerWitificationNumb erRequest= Ser'49-*r :c rrNtrpayrertsxnisizveat.
To: Account:
:lease =npuete Ti, •Cllaairg rr%N .Mwi '.,ie are re:lrred oy 1..VA %. ?blah mts Irfor-.3tor'!` [ - jpu AW1 nai.'eJ 3 (tpO(:3TE
W yr M to you. 3nd cecause r-e pays -rt a repw3ue an 3r Vorma4rr retum ; :Ire .t?- , you are req,nred Cy j3* to M, ,a a yow :arnrct
:ocs ;.tarty Nvrbtr or =_mpoytr oenvttcaton Nur:er n A. f, ycu ao hct pso.ede is Wn :la r^xrt3ton you payrtrts may 3e sualect
to 30Y red!ral ncont LIZ naup ale? llece'rlNr 3 t. -,IX31..U':O. 1 You 3o'*k rick de is atv�i :nti in!,rm�� y.tJ nay t?
suO}eu:o a S53 Waay mpow ay me w_-rrat Pe'r?ri* ' :En'U? unoer si-Cton 6723
Fedtrr aa on 03aup otrho:d:ig preenpis 31y state or lo~a +sau rere@ts. sux A any rgK to a rr{narr y ,en a y-,, do nol ; Xrtsh
a .XIC TN, Of r ya'3 are $=. ecl b oacirp xr,rr;;4ng. Cht:ayEr Is 'e"nred to Nt'Ihuo :'% of U ray+rent ro yCu 129% aner :a_cEn'aer 3 I.
200,3; 53�Ytq! As�idrfg a =� 7 f3ULfe t: pay you !• 'b 3t 3d' 3rCe :3x .^„ayrer'E y:v sh33at 'eCOR a' :a stp Mt'SlodSig 3s a :C!4t'of
fate{ Oa44 On ?Ouf'toera -'ico +'u fettlf:
Jse :NS for^ ,nry', I, X are 3 J S :*rvp, I `CCtr2r9 V..; rESOeni .Hen; If tau Yea rtr£jr. p? SOA, .rse TA 3rp(CpraM Form l't-!
11IS111 "IS: I Complete Part t by Completing the one row of tboi es that corresponds to
your tax status.
2 Complete Pan 2 if YOU are exEmpt from Form 1099 reporting.
3 Complete Part 3 by filing in all lines
4 Return this completed form to us in the Inclosed envelope
Part t - Tax Status: (carnplete only one row of boxev
inamduatt .'.araa vr-t Fit ^ -a-e -, eae r_1s rt na -x= ravarss ^.:ca se:wrr kV'x`er
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Part 3 - Certification:
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Certification Instructions r7u -S`ust .1a45 JUt '?rn .: a'i`aVe 1'yCu have ^v?Er (t,,:.7c0 by =.i'.a [�';: L ^3t r3v s'E :u^e rtrY
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RFP 2012RFP02 C -16 May 3, 2012
1 -70 RTOF
FORM C.13
- - DBE ENCLOSURE CHECKLIST
This checklist will help you verify all the required enclosures are complete and submitted as
required. Failure to submit a completed checklist with other required forms and certifications may
result in your proposal to be deemed Non - Responsive. Modification of any DBE Enclosure will
result in your proposal to be deemed Non - Responsive. All enclosures must be submitted with the
bid /proposal. If you have any questions concerning the completion of any of the Enclosures, please
contact the Town of Avon Engineering Department at 970 - 748 -4045. NOTE: DO NOT SHOW
COST OR PRICE RELATED INFORMATION IN THE DBE SUBMITTALS FOR
QUALIFICATIONS -BASED SOLICITATIONS. COST INFORMATION ON THE FORMS
WILL BE REQUIRED AT NOTICE TO PROCEED.
Lj Enclosure C.14A - DBE Affidavit
This form must be submitted by all prime contractors, whether DBE or not, to acknowledge
the percentage of DBE participation and indicate intent to comply with the DBE goal.
[ 1 Enclosure C.14B - DBE Prime Affidavit
This form - if applicable - must be submitted — with a current DBE certificate - by all DBE prime
contractors to affirm DBE status.
( 1 Enclosure C.15 - Schedule of DBE Participation
This form must be submitted by all prime contractors for all DBE subcontractors. It must contain
the following information: names and addresses of certified DBE participating subcontractors, the
work they are to perform and the dollar value of each proposed certified DBE contract. No
changes to the DBE subcontractors listed and no additional DBE subcontractors can be submitted
after bid /proposal openings. Bidders/Proposers are required to enter into subcontract agreements
or issue purchase orders to all DBEs within thirty (30) days of notice to proceed.
I I Enclosure C.16 - Letter of Intent to Perform as a Subcontractor
This form must be submitted by the prime contractor. It must contain the following information:
names and addresses of certified DBE participating subcontractors, the work they are to perform
and the dollar value of each proposed certified DBE contract and be signed by the DBE
subcontractor. A copy of the current DBE Certificate for each listed DBE subcontractor
must be attached.
( 1 Enclosure C.17 - Unavailability Certification
This form must be submitted - along with complete documentation of good faith efforts - with
the bid /proposal by a prime contractor who has failed to meet the specified DBE goal.
" Enclosure C.18 - Employment Data Form
This form defines the make -up of the company's work force and must be filed by every prime
contractor on a contract of $50,000 or more, or with 50 or more employees.
" Enclosure C.19 - Solicitation Statistics
This form is for statistical purposes only. It is for the prime and all companies the prime receives
bids from on subcontract work.
RFP 2012RFP02 C -17 May 3, 2012
1 -70 RTOF
Form C.14A
DBE AFFIDAVIT
THIS PAGE MUST BE COMPLETED BY ALL PRIME PROPOSERSBIDDERS TO INDICATE THE
PERCENTAGE OF SMALL BUSINESS ENTERPRISE PARTICIPATION.
The undersigned contractor hereby agrees that the goal established for DBE participation in this project
through subcontracting or entering into a joint venture with Small Business Enterprise(s) in conformity
with the Requirements, Terms, and Conditions of this Attachment is:
% - DBE (Disadvantaged Business Enterprise)
THIS PERCENTAGE RELATES TO DBE SUBCONTRACTING ONLY AND IS CONSISTENT
WITH THE SMALL BUSINESS ENTERPRISE STATEMENT LISTED IN THE BID/PROPOSAL
FORM.
THIS BIDDER/PROPOSER IS COMMITED TO COMPLY WITH OR EXCEED THE ABOVE GOAL.
Business Name: Hew (A✓rtAl— -Pa V'-40-k G-C-4
Contact Name: 54 pn ,� L • a w-1 a ;�
Address: 5v 2
City, State, ZIP: Cx%r�vi t,✓a act' .Sn rr i, .0 a �/ l� d
Phone: 7'7 C9 - C) Fax: cj 7 0
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THE FOREGOING STATEMENTS ARE TRUE AND CORRECT, AND THAT I AM
AUTHORIZED, ON BEHALF OF
On this day of �!�, before me, the
undersigned officer, personally appeared c`74'-CVQjh P6U J q,� known to me to
be the person described in the foregoing Affidavit, and acknowledged that he (she) executed the same in
the capacity therein stated and for the purposes therein contained.
In witness thereof, I hereunto set my hand and official seal.
My Commission Expires: Le
(Notary Public) (SEAL) REBECCA
NORVEL L.
c�. ' `
.a
My Comm. Exp. 06 -23 -2012
RFP 2012RFP02 C -18 May 3, 2012
1 -70 RTOF
Form C.14B
. :.__ DBE AFFIDAVIT
THIS PAGE MUST BE COMPLETED BY THE SMALL BUSINESS ENTERPRISE PRIME
CONTRACTOR (PROPOSERBIDDER)
I HEREBY DECLARE AND AFFIRM that I am the
(Title)
and duly authorized representative of (the firm of)
(Name of Corporation or Joint Venture)
whose address is
(Telephone No.)
I hereby declare and affirm that I am a Disadvantaged Business Enterprise (DBE) and am certified as of
the date that the Town of Avon receives this bid /proposal for
and that I will provide
(Contract number and name)
information and /or the certification to document this fact with this enclosure.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THE FOREGOING STATEMENTS ARE TRUE AND CORRECT, AND THAT I AM
AUTHORIZED, ON BEHALF OF THE ABOVE FIRM, TO MAKE THIS AFFIDAVIT.
(Date) (Affiant) (Title)
State of
City and County of
On this day of before me, the
undersigned officer, personally appeared _ , known to me to
be the person described in the foregoing Affidavit, and acknowledged that he (she) executed the same in
the capacity therein stated and for the purposes therein contained.
In witness thereof, I hereunto set my hand and official seal.
My Commission Expires:
(Notary Public) (SEAL)
RFP 2012RFP02 C -19 May 3, 2012
1 -70 RTOF
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Form C.16
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR
Re:
(Name of Town of Avon Project)
The undersigned DBE subcontractor intends to perform work in connection with the above project as (check one):
an individual a corporation
a partnership a joint venture
The DBE status of the undersigned is confirmed on the attached Schedule of DBE Participation and represents a
company that is certified as of the date that the Town receives this bid /proposal.
(Specify in detail particular work items or parts thereof to be performed, and associated cost.)
ITEM
PROJECTED
COMMENCEMENT
DATE
PROJECTED
COMPLETION
DATE
COST
% of the dollar value of this DBE subcontract will be sublet and /or awarded to non - Disadvantaged
contractors and /or non- Disadvantaged suppliers. (In order to be considered to be performing a commercially useful
function the DBE must perform at least 30% of the work on his /her subcontract with his /her own workforce.) The
undersigned prime contractor and DBE subcontractor will enter into a formal agreement for the above work
conditioned upon the prime contractor's execution of a contract with the Town of Avon.
NAME OF PRIME CONTRACTOR NAME OF DBE SUBCONTRACTOR
SIGNATURE SIGNATURE
TITLE
Subcontractor Contact Name:
Subcontractor Address:
Subcontractor City, State, ZIP:
Subcontractor Phone / Fax:
Subcontractor Email:
DATE
TITLE
DATE
RFP 2012RFP02 C -21 May 3, 2012
1 -70 RTOF
(9
I,
(Name)
Form C.17
DBE UNAVAILABILITY CERTIFICATION
(Title)
certify that our company made the following
(prime contractor/bidder /proposer)
efforts to meet the DBE goal on Town of Avon Contract No.
(please attach any additional efforts that do not fit on this form)
• A Company representative attended the pre -bid meeting. Yes No
• Newspaper Advertisement Log: (attach copies of ads)
Newspaper/Publi cation
of
Type of Publication I Dates of Advertisement
■ Selected portions of the work to be performed by DBEs
Work Categories Type of Proposal /Bid Prime's Estimated Additional Comments
(Sub or Sunnlier) I R11doet
Made efforts to assist interested DBEs in obtaining bonding, lines of credit, insurance or any necessary equipment,
supplies, materials, etc. (List any specific offers made by your company)
■ Solicited the following DBEs
Date j Name of DBE Firm Contact Person Phone # Work Cate or X.
RFP 2012RFP02
1 -70 RTOF
C -22
May 3, 2012
0
■ Followed up with initial contacts
Date Name of DBE Firm Phone # Bidding /Proposing Additional Comments
Yes or No
• Contacted the following other agencies, organizations in recruitment of DBEs including RTD:
Date Organization Phone #
As shown by the documentation provided to RTD, we feel that we have made good faith effort to attain the contract
goal.
Signature:
RFP 2012RFP02
1 -70 RTOF
C -23
Date:
May 3, 2012
FOR EMPLOYER CERTIFICATION OF WORKFORCE
Please note that this data may be obtained by visual survey or post— employmenr records. Neither
visual surveys nor post employment records are prohibited by Federal, State or local law. All
specified data are required to be filled In by law.
Current utilization as of
Form C.18
The undersigned certified that he /she Is legally authorized by the bidder /proposer to make the statements and representations contained in this
report; that he /she has read all of the foregoing statements and representations and they are true and correct to the best of his/her knowledge and
belief, The undersigned understands that any of the statements and representations are made knowing them to be false or there Is a failure to
implement any of the stated intentions or objectives set forth herein without prior notice to FITD, the biddedproposer will be subject to the
loss of all future awards,
Firm or Corporate Name
Address of Office
Date of
RFP 2012RFP02 C -24 May 3, 2012
1 -70 RTOF
Total Em
e" In Establishment
I
American
Job
TOTAL
EMPLOYEES
TOTAL
MALE
TOTAL
FEMALE
Black
Hispanic
I
Indian &
Alaskan
Asian
Other
Categories
INCLUDING
INCLUDING
INCLUDING
MINORITIES
MINORITIES
MINORITIES
(1)
(2)
(3)
Male
Femab
Male
Female
Male
Female
Male
Female
j Male
Female
Offfdais & Managers
4
I
1
i t
12
13
Professionals
1 Technicians
iSales
Office & Clerioal
�3kiZvcl) aft orkers
peraWes
semi — skills
1
Laborers
Lunskilleco
Service Workers
TOTAL
The undersigned certified that he /she Is legally authorized by the bidder /proposer to make the statements and representations contained in this
report; that he /she has read all of the foregoing statements and representations and they are true and correct to the best of his/her knowledge and
belief, The undersigned understands that any of the statements and representations are made knowing them to be false or there Is a failure to
implement any of the stated intentions or objectives set forth herein without prior notice to FITD, the biddedproposer will be subject to the
loss of all future awards,
Firm or Corporate Name
Address of Office
Date of
RFP 2012RFP02 C -24 May 3, 2012
1 -70 RTOF
DESCRIPTION OF JOB CATEGORIES
Officials and manager— Occupations requiring
administrative personnel who set board policies,
Black (not Hispanic origin) —All persons having
exercise full responsibility for execution of these
policies, and individual departments or special
origins in any of the Black racial groups of Africa.
phases of the operations.
Professionals — Occupations requiring either college
Hispanic — All persons of Mexican, Puerto Rican,
Cuban, Central or South American, or other Spanish
education or experience of such kind and amount as
culture or origin, regardless of race.
to provide a comparable background
Technicians — Occupations requiring a combination
of specific scientific knowledge and manual
Asian or Pacific Islander — All persons having
skill
which can be obtained through about 2 years of post
origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the
high school education, such as is offered in many
technical institutes and junior colleges, or through
Pacific Islands. This area includes, for example,
China,
equivalent on-the-job training.
Japan, Korea, the Philippine Islands and
Samoa.
Sales — Occupations engaging wholly or primarily in
selling.
Office and clerical - Includes all clerical -type work,
regardless of level of difficulty, where the activities
are predominately non - manual though some manual
work directly involved with altering or transporting
the products is included
Craft Worker (skilled) — Manual workers of
relatively high skill level having a thorough and
comprehensive knowledge of the processes involved
in their work. Exercises considerable independent
judgment and usually requires an extensive period of
training.
Operatives (semi - skilled) — Workers who operate
machines or processing equipment or perform other
factory- related duties of intermediate skill level
which can be mastered in a few weeks and require
only limited training.
Laborers (unskilled) — Workers in manual
occupations which generally require no special
training perform rudimentary duties that may be
learned in afew, days and require the application of
little or no independent judgment.
Service Workers — Workers in both protective and
unprotective service occupations.
RACE /ETHNIC IDENTIFICATION
White (not Hispanic origin) 411 persons having
origins in any of the original peoples of Europe,
North Africa, or the Middle East.
Native American — All persons having origins in any
of the original peoples of North America, and who
maintain cultural identification through tribal
affiliation or community recognition.
RFP 2012RFP02 C -25 May 3, 2012
I -70 RTOF
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