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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 Page 2 of 2 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. Page 1 of 16 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 Page 2 of 16 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. Page 3 of 16 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 Page 4 of 16 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 Page 5 of 16 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 Page 6 of 16 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 Page 7 of 16 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. Page 8 of 16 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. Page 9of16 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 Page 10 of 16 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 Page 11 of 16 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 kkH fLh�e� nth- I'.nvhk(�c�a�hni "0 Rod 1 54 �I ,II k"Md >(lllil,�, l, 1001 iildreth r(�avon.org 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 clvstech .ter; r MON a_ �U U "G C3 C 5. W 40, _� w� W a� 0 U N Q3 Q O U 0 0 O k�l I,� T O .Ni W t C� Q U a 0 a At T-+ ti O U] O O 1� ao cv C� Fit W O A' Q +� 1° s % F^1 '0 v � .o L-1 CY CrIll w i I .ter; r MON a_ �U U "G C3 C 5. W 40, _� w� W a� 0 U N Q3 Q O U 0 0 O k�l I,� T O .Ni W t C� Q U a 0 a At T-+ ti O U] O O 1� ao cv C� Fit W O A' Q +� 1° s % F^1 '0 v � .o L-1 CY CrIll } rh, LF • L�J T U ■ V 4) imm 1 v 9 ct ts 0 W44 ►S4 ti ti N �.1 rj0 i"i CCU as � as as 0 � U (2) W LW� J a c c �c CL a =can C O,c O � O �Q f 10,31 Ig cc 0 Z4 Q 2 }.. LL 0 Z W Q a �� a U V] cn ,A _M N Rj C ca cti cd C Y W o $:14 a a P'' W O U U Q Ig cc 0 Z4 Q 2 }.. 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I ci a a U d d F- roll 0 0 v W � � v 0 H � � ��j • POO U FBI � � � •N � � Eli ° tD O H p ti N W M S O O v � w A ° U W H It It -21 o- 0 `U Y v 0 �v N h c � �t CL = � o UT <1 L p �� o � � M 0 � _U U W � •yam ■ V Iti Rr 4-J d as a Ww a a U UIPII tU+ a O Q O ■■ r p `� .� .° o 4D o — CL �► o a N !Fy O O Z ' W ' a � o 0 o _ a U "cs v .o i m U .N U o w 0 `U ICI U � o � o bA O N W s O O cl A o y it U :d W 0 o _ a U "cs v .o i m U .N U ,?1 N V _ J . N t� v o� 4 N 4"1 tj 9 to w � V v o r T- O O Cfl C3? d` Ir- N r 75 1) cz d U w V P4 V V d (�j c !' a r T- O O Cfl C3? d` Ir- N r 75 1) t tl L Clt u c � t � u �KZ/t ti `-0, 1 u y,� �i r� 78 r s ,law O V yi U M�1 (C V I I � � O � L • I O � L m n V r =' E i 14�I '� ! it yE a 'G 1=4. � �. . � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � I-D � � \ „ $ @m a\s \§/ § &a a/2 �k\ � 2 •S EQ� }_\% / \R =ate \k§ q � ; @�7 J� § # ? \/ \�$ � �k) �k\ f a � Q � u � « � � g � � � � 0 0 � � g � � � .$ � � « � m � � � Q-) � Q A � 2 U q > M �\ � !c � ■ \ }k \ _ o £/ °° \\ � »� ® \/ s � D � 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! 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"ed :t3tK,Y -- axlcreea(•°xmd � st coxv -ar .st r:tc .:..yrr� •.re y.,: zaa : :,r :: -�s art : ve �.s-e ;r ~,- s,!:.r.�.cr;:rra- Corporation, a "srte a Crn:rraasr d =_nr, Eroc� y': vreiecn rn,rv� ',� Qa arpt /t7� -GP t -7G� (J�� 7 (jy �'t► �o f-CGf'3.n t Ct--Q Part 2 - Exemption: I' 41u„ eper.ng ch£­i r_u =,,.jSy,n9 exerpt, on •eas:.n c£4ow ❑ �Srpdr3rbT 137D Exec ,ot :r-j ❑ r I, 1- -o -U!AS ❑A 6 :e a? 0461,11.1 V ❑A i:mT, go.tr -, ert :f ary :rYp Y! J'Oer �- 1l3, • r^UU:eB 1 3fl N *f Courvli. 3 .7S:E5L.Cf rn^s^.a+'v ^,•=:a an7 ;(.Fk,A :r 'S pct.'sca stL`dYts :mss V a ,iCSE6 :i Yr'st ll ^. "ed :t3tK,Y -- axlcreea(•°xmd ar Ile" 00.al r5-�- ,e,-a;n� a� ;rtre ;roo;c =:.0 rti encr- <.,r.il��r >u5drrso^s ;r a��+ -s :ar.4� :a.es x'..sr 3 * ?ay oz Part 3 - Certification: The nunber s - -oivn c3'r t, <'c.'rn s my torrv,_t t3xp 3'yE' ,^?nL .Ca; :cif "i.i -ber :cr 13.m 113,rrig 'or 3 n_-lf er tc be ssue ^': r->l and asn n =o, submit :o C3sk:ry m.nho;.7sd c�t�u• -I (a) t am =,e�tFX ircm backsp w�w'ttxla. ^g. ,r fb) f narE ^ b?en nou'�ea by the lr' -m-V R ?venue Sere �e : R� ! th.3t I art scbp?>Y TO b ir;::.{, - mChhokJr>g as a -£salt o-` a to re on 3s n'er?st tr d vJer;nc n (c) the R_O °. r 's r'Jt fu-3 yt5o tt'3r t Stn n.0 ''v1`a.}t i.:t},£.:r 'o :3t x'1}7 rY�tT"6t ;n� and . 3 U S ;- r5.:*+ 3 U S _ - —t 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 S,b}en 1,C ca:xup W thh %w'irr3 b£C3USe y:R. ^3Y£ f331 >d 10 '£rOR .3i` t't£f£st 3'-=0 .^. =1,•d ends C�'- yaf '3 f. • >t..tn 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 us tn U ''� Pk ppH i--i U a a 0 a� N U W A O U ° •o a h W A Q W O O a 0 ° .n Z z U U LL7 O � a` c a. o w � CCU ° z c° T O b U L ro w [ A o' 'QO N ca U c as a• O. co_. G O... O....... aw w° Cd o 00 C bz o O W ca b O ° o Cd w•9A �Y � ow ❑ o Y o4" Q;c .� �cd G z cu Cd y C 0 y o �z� w C,3 a cn co E E o TQ o y-0 ° °vii ci z ° U y R U q a o u. 3 ¢ 1L) �(W �U y im. O <a U U O ca , ' F; O O U U y ¢, U !y cz •> AQQ � ° 00 L L L Q -C U Q L Q o ci r n m O N M T N m C. CV U N 0 a U- �o N ao � n 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. 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