HomeMy WebLinkAboutresolution.council.048-20 RESOLUTION 4048
(Series of 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND MURRAYSMITH, INC AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Maroon Creek Pipeline Rehabilitation Plant Project, between the City of Aspen
and, a true and accurate copy of which is attached hereto as Exhibit "A",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that a contract
for Maroon Creek Pipeline Rehabilitation Plant Project between the City of Aspen
and Murraysmith, Inc., a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager to execute said agreement on behalf of
the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 23' day of June 2020.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk, do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, June 23rd, 2020.
l
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 CITY OF ASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: 51149-2020.
AGREEMENT made as of 1 st day of July, in the year 2020.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Ryan Loebach
130 South Galena Street Total: $196,990
Aspen, Colorado 81611
Phone: (970)920-5079
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$50,000.00 it shall not be deemed valid
Murraysmith, Inc until it has been approved by the City
c/o Joel Price, PE Council of the City of Aspen.
850 W. South Boulder Road, Suite 200 City Council Approval:
Louisville, CO 80027
Phone: (970) 567-8020 Date: ,lune 23, 2020
Joel.Price@murraysmith.us Resolution No.: 048 of 2020
For the Following Project:
Maroon Creek Pipeline Rehabilitation—from Headgate to Penstock
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
Agreement Professional Services Page 0
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
December 1", 2021. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause,be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of
this Agreement by the Professional, and the City may withhold any payments to the Professional
for the purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
Agreement Professional Services Page 1
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error, professional error,mistake,negligence, or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate,handle,respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of
a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by
the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse
the Professional for the portion of the judgment attributable to such act, omission, or other fault of
the City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration,or types.
Agreement Professional Services Page 2
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of
any claims-made policy,the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
($1,000,000.00) disease - each employee. Evidence of qualified self-insured status
may be substituted for the Workers'Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. 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.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The pohe ^r Commercial General Liability and Comprehensive Automobile Liability
policies required above shall be endorsed to include the City and the City's officers and
employees as additional insureds. Commercial General Liability and Comprehensive
Automobile Liability shall be primary insurance, and any insurance carried by the City, its
officers or employees, or carried by or provided through any insurance pool of the City,
shall be excess and not contributory insurance to that provided by Professional. No
additional insured endorsement to the policy required above shall contain any exclusion for
bodily injury or property damage arising from completed operations. The Professional shall
be solely responsible for any deductible losses under any policy required above.
Agreement Professional Services Page 3
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The
certificate shall identify this contract and shall provide that the coverages afforded under the
policies shall not be canceled, terminated or materially changed until at least thirty(30) days
prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
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 City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
Agreement Professional Services Page 4
14. Waiver. The waiver by the City of any term, covenant,or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term.No term,covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term,covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition,the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101_
(a) P=ose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services"means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
Agreement Professional Services Page 5
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
.without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services 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.
Agreement Professional Services Page 6
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
Agreement Professional Services Page 7
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. .If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County,
Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the grounds that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
Agreement Professional Services Page 8
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Vendor or City may assign
this Agreement in accordance with the specific written permission, any right to claim damages or
to bring any suit, action or other proceeding against either the City or Vendor because of any
breach hereof or because of any of the terms, covenants, agreements or conditions herein
contained.
22. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any
lower tier participant was unable to certify to the statement, an explanation was attached to the
Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
26. Authorized Representative. The undersigned representative of Vendor, as an inducement
to the City to execute this Agreement, represents that he/she is an authorized representative of
Vendor for the purposes of executing this Agreement and that he/she has full and complete
authority to enter into this Agreement for the terms and conditions specified herein.
Agreement Professional Services Page 9
IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date fust written
above.
CITY OF ASPEN,COLORADO: PROFESSIONAL:
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Approved as to form:
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Agreement Professional Services Page 10
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Agreement Professional Services Page 11
EXHIBIT A
SCOPE OF WORK
MAROON CREEK PIPELINE REHABILITATION
FROM HEADGATE TO PENSTOCK
CITY OF ASPEN, COLORADO
General
This Scope of Services has been separated into six different tasks for clarity and is described in
detail below.
Background
The City of Aspen (City) owns and operates two raw water transmission pipelines that convey
surface water from diversions at two creeks, Castle and Maroon Creek, to the City's Water
Treatment Plant (WTP) and on Maroon Creek a diversion to the Hydroelectric Plant (HP) and the
WTP.
The Castle Creek and Maroon Creek pipelines were constructed in approximately 1964 and 1973,
respectively. While both pipelines include a variety of pipe materials and diameters, a majority of
the Castle Creek pipeline is 30-inch RCP and a majority of the Maroon Creek pipeline is 39-inch
RCP, PCCP with shorter section of DIP.
The City performed manned visual inspections on both pipelines in 2012 and in 2015. These
inspections found that both pipelines were in fair condition, with most deficiencies being located
at pipe joints. However, the inspections only included approximately 20% of the Maroon Creek
pipeline total length and approximately 75% of the Castle Creek pipeline total length. These
inspections were limited by a lack of access points and steep sections of pipe that were not
accessible.
Project Understanding and Assumptions
For this scope of work, the City is interested in prioritizing the rehabilitation of an approximately
6,200-foot section of the Maroon Creek Pipeline (MCP) from the headgate to the tee and valve at
the penstock to the HP. The penstock will need to be rehabilitated from MCP to 100-feet of the
penstock downstream of the valve connection.
The existing site features and access vaults/manholes will be surveyed to verify location in the field
on a design survey.
It is our understanding that the existing easement along the MCP is 40-feet wide based on
conversations with the City. We will verify this easement width at the proposed access manhole
City of Aspen MURRAYSMITH Maroon Creek Pipeline—Rehabilitation
June 8,2020 1
locations and recommend any additional temporary easements for construction. This will require
title work and easement verification for each of the proposed manhole locations.
Murraysmith and team of subconsultants will investigate this section of MCP to determine
locations for proposed access manholes to be installed. These locations will be identified by
deflections (horizontal and vertical) in the MCP and maximum spacing of 750-feet between access
manhole. Based on the information we have to date and assuming the existing access points are
sufficient for rehabilitation access, we have assumed a minimum of six (6) additional access
manhole locations will be sufficient to rehabilitate the MCP via trenchless technologies.
Portions of this section of MCP have been assessed in various years including 2012, 2015, 2017,
and 2018. We understand that a small section of this line was repaired as late as February 2020.
This section of line is being prioritized due to the recent repairs and the need to protect the
influent source water for the HP.
We will utilize the pipeline assessment along with the survey information to develop bid
documents to include access manholes and rehabilitation. Due to the length and known existing
access points, we will combine the access manhole and rehabilitation design into one task to
expedite the design and construction process. We will review and map this section of line for
locations of Weko-seals, horizontal and vertical bends, visual structural deficiencies, offsets, and
grouting separation at joints. This comprehensive review will allow us to prioritize the critical sub-
sections to be rehabilitated along the entire 6,200 linear feet of pipe.
For the purpose of this contract we have split the contract up into two phases. Phase I will provide
survey, assessment, design and bidding. Phase II will provide construction services and will be
provided as a separate contract in 2021. Phase I will be contracted for 2020. All items addressed
in this scope of work pertain to Phase I.
Phase I Scope of Work
This scope of work describes engineering services to be provided by the Consultant. Work will be
performed by major work tasks, which are outlined as follows:
■ Baseline Design Task:
o Task 1— Project Management and Coordination
o Task 2— Mapping and Assessment
o Task 3 —Design and Permitting
■ Additional Task:
o Task 4—Bidding Support
o Task 5—Construction Support, Record Drawings, and Closeout
o Task 6—Contingency Design Task
A more detailed discussion of proposed work tasks is provided below.
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Task 1 — Project Management and Coordination
This task includes the administration and coordination of the Consultant's staff, subconsultants,
and the interface with the City's project manager and other City staff. Consultant will actively
manage all project work to meet the project budget and schedule. For the purposes of this scope
and budget, an 8-month design and bidding schedule is anticipated. The following subtasks are
included:
Project Administration
■ Perform general administration and project management throughout Design and Bidding
phases to ensure successful completion of all tasks and elements of the Project within the
established scope, schedule and budget.
■ Process and submit monthly billings with a summary of project status by task and subtask,
including a summary of invoicing from subconsultants retained for this project.
■ Provide progress reporting with monthly billings including review of work efforts
completed, forecasted work for the next monthly period, percent completion, and any
encountered or projected challenges or issues.
■ Maintain the overall project schedule including adding staff subconsultants and other
resources as needed to meet scheduled milestones.
■ Perform in-house QA/QC reviews of all deliverables prior to submitting review packages to
the City.
Project Design Meetings
Key Project Design Meetings under this subtask include coordinating schedules, developing
agendas and preparing presentation materials for key project meetings during the design phase,
and includes the following five (5) meetings:
■ Project Kick-off and Field Investigation —City Offices and Onsite
■ Pipeline Assessment Site Meeting -City Offices and Onsite
■ Pipeline Assessment Review Meeting—Web or Conference Call
■ 60% Design Completion —Web or Conference Call
■ 90% Design Completion - City Offices and Onsite to confirm final design
Consultant may attend meetings via web or teleconference if agreed upon with City staff prior to
the meeting. Meeting agendas and supporting information will be distributed through the City PM
in advance of meeting. Meeting minutes will be distributed to meeting attendees and other
interested parties within five business days of the subject meeting date.
Task 2 — Mapping & Pipeline Assessment
Preliminary engineering services will be completed under this task. Work will include data
gathering, design survey in coordination with probe and assessment, and preparation of easement
legal descriptions. Anticipated subtasks are outlined as follows:
City of Aspen MURRAYSMITH Maroon Creek Pipeline—Rehabilitation
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■ Parcel Research and Base Drawing Setup to establish property lines, right-of-way lines, and
existing easements based on existing site features
■ Locate existing Headgate, Manhole/Valves (4) based on the Figure 1 — Reference from
1973 Design Plans. Per Western Colorado RTVRN GPS Network (COA1)
■ Subterranean and Grade Survey as a combined effort between C&L and Peak Surveying
■ Titlework and Easements
■ Pipeline Assessment and Reporting
It is assumed that the City will obtain the necessary right-of-entry from the landowners for the
field work.
Titlework and Access Verification.
Prepare legal descriptions for permanent easements and temporary construction purposes for the
proposed access locations, as detailed below.
■ Legal descriptions and exhibit maps will be prepared as necessary for anticipated
temporary or permanent access to the project area.
■ Existing easement dimensions will be determined during design.
■ Title Commitment Preparation for six (6) proposed access manhole locations.
Pipeline Inventory, Assessment, and Reporting
In addition to the previous reports and assessment performed to date, we will produce a pipeline
assessment report to compliment the work that has been performed to date by others. This
supplemental pipeline assessment will be performed via manned entry and with a AMP probe
assessment. Item includes manned entry inspection through entire proposed pipe length to
acquire dimensional data, location and approximate degree of bends and any other pertinent data
for future rehabilitation adequate/safe passage by the AMP probe. Manned entry needed for
tether to be pulled through for Amp probe. Anticipated subtasks are outlined as follows:
■ Site visit and mobilization meeting
■ Pipeline Dewatering prior to manned entry
■ Pipeline Assessment Report submittal
o Report will include pictures of documented locations of critical longitudinal
cracking, sags, offsets, weko-seals, and bend locations
o Pipeline Assessment Report will be used to compile with previous assessments in
an effort to develop a comprehensive design alternative for rehabbing the entire
6,000 linear feet.
■ The probe will provide the subterranean Survey database to locate the alignment of the
existing pipeline. This probe will identify sags and offsets which will be confirmed with a
manned entry inspection.
■ A topographic survey will establish at grade points to be compiled in combination with the
subterranean probe survey. An asbuilt map and plan of the 6,000 linear feet of pipeline
will be developed as part of this survey effort to use for design and locate ideal access
manhole installation points.
City of Aspen MURRAYSMITH Maroon Creek Pipeline—Rehabilitation
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■ Recommended method of rehabilitation and optimal proposed manhole location based on
pipeline assessment report.
■ Traffic control or permitting not included for dewatering or assessment
Task 3 — Design and Permitting
Prepare final construction drawings, technical specifications, and contract documents for bidding
and construction of proposed six (6) access manholes along the MCP and rehabilitation of the
pipeline from headgate to the penstock. Murraysmith will produce plans and specifications for
City review at the 60%and 90%completion levels, incorporating City review comments from each
prior submittal. Plan and profile drawings will be provided at an appropriate scale. Construction
drawings and special technical specifications will be in accordance with City standards, policies
and procedures. Front end and Technical specifications will be based on City standard and
Construction Standards Institute (CSI) formats. The engineer's estimate of probable construction
costs will be updated at each design submittal stage. Subtasks include:
Permitting City of Aspen and Pitkin County
Provide assistance with City of Aspen and Pitkin County floodplain and grading permit
requirements. Roaring Fork Engineering will support a majority of this effort.
Environmental—Army Corps Permitting
Preliminary assessment of proposed manhole locations and access routes to determine if the
Project will include the discharge of fill material into potential Waters of the U.S. This work
includes the work needed to submit an authorization request to the U.S. Army Corps of Engineers
(USACE) Grand Junction Regulatory Office for Clean Water Act Section 404 (Section 404)
authorization for the Project. SWCA's work would include:
1) Conducting a field delineation of wetland and non-wetland waters at up to five discrete work
areas along the Maroon Creek Pipeline. This work will be done in accordance with the USACE
Grand Junction Regulatory Office's requirements for this type of evaluation.
2) Developing a wetland delineation report which presents the results of the field delineation.The
report would include a narrative description of the methods and results, detailed mapping,
photographs, and wetland determination data forms.
3) Preparation of a preconstruction notification (PCN) for the Project. While the Project appears
to qualify for Nationwide Permit 3: Maintenance (NWP 3), the fact that the pipeline is more than
50 years old triggers a need to submit PCN to the USACE under General Condition 20.
Following submittal of the PCN to the USACE, SWCA expects that authorization would be received
within 45 days,
pending review and input by the State Historic Preservation Officer (SHPO). This task does not
include mitigation design, onsite meetings with USACE, or other tasks that are not expected, but
which may be required if the USACE determines that additional analysis or coordination is
required.
City of Aspen MURRAYSMITH Maroon Creek Pipeline—Rehabilitation
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60% Design Submittal
Provide 60% design submittal, including construction drawings, draft front end and technical
specifications, contract documents and engineer's estimate of probable construction costs,
including.
■ Electronic scalable set of plans (11"x17" PDF format).
■ Hard copy plans- one full size set (22"x34").
• Front End and Technical specifications for Contract Documents (Word and PDF format).
■ Engineer's estimate of probable construction costs (Excel & PDF format).
90% Design Submittal and FERC Letter Amendment
Provide final 90% design submittal including construction drawings, final draft front end and
technical specifications, contract documents and engineer's estimate of probable construction
costs, including:
■ Electronic scalable set of plans (PDF and DWG format).
Signed hard copy plans -One Full size set (22"x34").
■ Front End Specifications completed in coordination with the City (Word and PDF format).
■ Technical specifications for Contract Documents (Word and PDF format).
■ Engineer's estimate of probable construction costs (Excel & PDF format).
■ FERC Letter Amendment to include the 90% design package for approval. City to
coordinate the permit approvals. Murraysmith assumes a 2 to 3-page memo including
assessment reports with 90% design documents will suffice for permitting with FERC. If
additional materials and permitting documentation is required, we will negotiate these
services separate of this contract on a time and materials basis.
Contingency Design Task, Bidding and Construction Support Task: Task
4, 5 and 6 are considered additional task that may be used for budgeting purposes during the
design and construction for 2021.
Task 4 — Bidding Support
Bidding Assistance
Under this task, Murraysmith and Roaring Fork Engineer will provide support to the City during
bidding and construction.
Murraysmith:
■ Provide assistance during project bidding (assumption: one pre-bid meeting and two
addenda).
■ Construction Set for Contractor and NTP.
City:
City of Aspen MURRAYSMITH Maroon Creek Pipeline—Rehabilitation
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■ Advertise the project.
■ Manage printing and/or electronic distribution of construction contract documents.
■ Receive, open and review bids.
■ Notify bidders of intent to award.
■ Manage the contract execution with the successful bidder and provide notice to proceed.
■ Perform the day-to-day construction management and observation activities, if required.
■ Pay for permit and easement fees
Task 5 — Construction Support, Record Drawings, and Closeout
Construction Support
Murraysmith and Roaring Fork:
■ Participation in pre-construction meeting.
■ Assist City with submittal and shop drawing review and preparation of review comments.
(assumption: review up to 10 submittals plus up to six (6) re-submittals)
■ Provide consultation for construction contract administration issues.
■ Interpretation of construction contract plans and specification as requested by the
Contractor or the City. (assumption: 10 RFIs)
• Review Change Order documentation as required.
■ Participation in weekly construction meetings. Murraysmith to participate remotely.
■ Six (6) site visits will be made by the Consultant during the construction phase, including
on-site construction observation during waterline tie-ins.
Roaring Fork:
■ Participation and lead weekly construction meetings and site visits—two site visits a week.
■ Substantial completion walkthroughs
■ Final completion walkthrough
Prepare record drawings of reported construction based on the Contractor's field plan mark-ups,
and City and Consultant staff field notes. Provide electronic AutoCAD and PDF files, and one set of
full-size record drawings.
Task 6 — Contingency Design Task
Cultural Resources Assessment& Report
This task consists of conducting a cultural resources assessment for the pipeline and surrounds at
up to five discrete work areas along the Project.This assessment includes desktop and field survey
methods and would result in the development of a report that would be attached to the PCN.
While Task 2 could be delayed until a time where USACE determines that a cultural resources
report is needed to compete the NWP 3 authorization process,that approach could result in delays
in obtaining USACE authorization for the Project. Please note that there is potential that SHPO
could determine that the Project will result in adverse effects to the pipeline and may require
additional research as part of the Project's authorization.
City of Aspen MURRAYSMITH Maroon Creek Pipeline—Rehabilitation
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Potholing & Surveying at Proposed Access Manholes
In order to confirm exact location and conditions in the field of the pipeline alignment, it may be
necessary to pothole some of the critical locations that need to be confirmed from the
subterranean survey data. We have included it as an optional budget item should we find more
information is important to help minimize risk and provide more accurate and competitive bids
for the project.
Additional Pipeline Inspection Daily Rate
If additional pipeline assessment is required to determine more information for rehabilitation
alternatives, C&L will provide additional detailing of the pipeline with pictures and reports for the
daily rate outline in the detailed fee estimate assigned to Task 6.3.
Geotechnical and Geological Services
At this time we have assumed geotechnical testing will not be required for the base design fees.
If during the design this is deemed necessary, we will engage Kumar and Associates to provide
geotechnical test holes will be performed at each of the proposed access manhole locations. We
have assumed up to six (6) borings will be required for this project.
City of Aspen MURRAYSMITH Maroon Creek Pipeline—Rehabilitation
June 8, 2020 8
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
Agreement Professional Services Page 12
murraysm��h
EXHIBIT B
2020 SCHEDULE OF CHARGES
Personnel:
Labor will be invoiced by staff classification at the following hourly rates,which are valid from January 1, 2020 through
December 31,2020.After this period,the rates are subject to adjustment.
Billing Classifications 2020 Rates Billing Classifications
Principal Engineer VI $270 Construction Manager VIII $227
Principal Engineer V $260 Construction Manager VII $219
Principal Engineer IV $250 Construction Manager VI $203
Principal Engineer III $239 Construction Manager V $188
Principal Engineer II $230 Construction Manager IV $178
Principal Engineer 1 $222 Construction Manager III $162
Professional Engineer IX $212 Construction Manager II $150
Engineering Designer IX $204 Construction Manager 1 $133
Professional Engineer VIII $202 Inspector VII $188
Engineering Designer VIII $193 Inspector VI $172
Professional Engineer VII $191 Inspector V $156
Engineering Designer VII $184 Inspector IV $145
Professional Engineer VI $182 Inspector III $129
Engineering Designer VI $175 Inspector 11 $117
Professional Engineer V $171 Inspector 1 $100
Engineering Designer V $164 Technician IV $155
Professional Engineer IV $161 Technician III $139
Engineering Designer IV $161 Technician II $120
Professional Engineer III $157 Technician 1 $101
Engineering Designer III $157 Administrative III $110
Engineering Designer II $143 Administrative II $101
Engineering Designer 1 $132 Administrative 1 $89
Project Expenses:
Expenses incurred that are directly attributable to the project will be invoiced at actual cost.These expenses include the
following:
CADD Hardware/Software $18.00/hour
Modeling and GIS Hardware/Software $10.00/hour
Mileage Then-current IRS Rate
Postage and Delivery Services At Cost
Printing and Reproduction At Cost
Travel, Lodging,and Subsistence At Cost
Outside Services:
Outside technical, professional,and other services will be invoiced at actual cost-plus 10 percent to cover administration and
overhead.
2020OR/SW WA/ID/CO MURRAYSMITH Confidential
CONFIDENTIAL
EMERGENCY RESPONSE RATE SCHEDULE—C&L WATER SOLUTIONS
To That Trade Contractor Agreement
Between the City of Aspen and
C & L Water Solutions, Inc.
303-791-2521'
Superintendent per hour 1 105.00/157.50ot 105.00/157.50ot
Project Manager 1 150.00 Flat 150.00 Flat
Foremanper hour 5 87.00/130.5.50ot 87.00/130.50ot
Pipe Layer/Truck Driver per hour 5 63.00/94.50ot 63.00/94.50ot
Operatorper hour 5 70.00/105.00ot 70.00/105.00ot
Laborerper hour 5 48.00/72.00ot 48.00/72.00ot
Admin/R.O.W. Permit 1 65.00 LS 65.00 LS
1 hour perproject)
Low Boy Transport 1 185.00 HR 185.00 HR
Truck, Trailer, or Combination 2 145.00 HR 145.00 HR
Transport
Rubber Tired Backhoe—Cat 430 5 68.00 HR 68.00 HR
Rubber Tired w/Vibratory Plate 4 83.00 HR 83.00 HR
Compactor-Model—CVP-40
Skid Steer-Model—S850 Bobcat 1 42.00 HR 42.00 HR
Skid Steer wBroom 1 45.00 HR 360.00 Day
Wheel Loader- Large Model—L150 1 155.00 HR 155.00 HR
Volvo 7-CY
Excavator- Small (Zero Swing 1 68.00 HR 68.00 HR
Preferred) Model—Link Belt 80
Excavator-Medium Model—Cat 318 1 130.00 HR 3200.00 week
Excavator—Medium Link Belt 145 130.00 HR 3200.00 week
Excavator- Large Model—Volvo 1 145.00 HR 4800.00 week
EC360
C & L Water Solutions, Inc.
Page 1 of 3
CONFIDENTIAL
11 MIND 11=110
Vibratory Compactor- Model—RT-85 1 26.50 HR 26.50 HR
Compaction Wheel for Excavator 1 250.00 Job
Dump Truck- 10 Wheel 5 50.00 HR 50.00 HR
Pickup Truck- 1 Ton and Less 4 35.00 HR 35.00 HR
Pickup Truck-2 Ton 5 45.00 HR 45.00 HR
Generator-Greater than 30 KW 1 20.00 HR 20.00 HR
Trash Pump—3"with hoses 6 15.00 HR 122.50 per ea 8
hr da
Trash Pump—4"with hoses 4 19.00 HR 155.00 per ea
8 hr da
Trash Pump -6 Inch ( 8" owned) this 2 110.00 HR 870.00 per ea
requires fusing of pipe for by-pass without piping 8 hr day without
piping
Other Equipment:
Leak Locator machine only) 1 102.00 HR 102.00 HR
Shoring Boxes 18 240.00 Day 240.00 HR
Shore Cans 3 1 240.00 Day 240.00 HR
Jumping Jack Compactors 1 6 12.00 HR 12.00 HR
Spoils Vac Trailer w/Truck 1 97.50 HR 97.50 HR
Page 2 of 3
CONFIDENTIAL
Erosion Control 5.00 per LF
Inlet Protection 75.00 EA inlet
Steel Plates 5'x10',8x8,8xl6 15 49.00 per day 49.00 per da
Plugs 6", 8", 10", 1211, 15" 24 30.00 per day 30.00 per da
8", 10", 12" or larger Sewer Main re- Quote upon
line 3 mm Fiberglass UV CIPP request
Manhole Rehabilitation, Grout or Quote upon
inserts request
Rehabilitation of sewer tap connections Quote upon
LMK Shorties, epoxy, grout, depends request
on the need.
Page 3 of 3
R' 4e� � � mac• �
P.Q.Box 1746
Rifle,CO 81650
Phone(970)625-1954
Fax(970)579-7150
www.pcoksmvcyblem.com
Since 2007
PEAK SURVEYING, INC
2020
SCHEDULE OF HOURLY RATES
Total project charges are based on hourly rates plus other job related expenses as follows:
PERSONNEL CHARGES
Principal $140.00
Project Manager $100.00
Drafting/Field Technician $85.00
1-Man Survey Crew $120.00
2-Man Survey Crew $150.00
Expert Testimony $275.00
*Overtime performed at the request of the client or requested by the client's schedule will be
billed at 1.5 times these rates.
REIMBURSABLE EXPENSES
Photocopies $0.20/ea
Mylar Sepias $20.00/ea
Vehicle Mileage $0.60/mi
ATV/Snowmobiles $100.00/day
Out of town living expenses, commercial carrier, vehicle and equipment rental, outside
consultant fees, and miscellaneous expenses will be charged at invoice cost plus 10%.
PAYMENT
Accounts are DUE ON RECEIPT. Peak Surveying, Inc reserves the right to discontinue work
when an account becomes past due. Finance charges in the amount of 1.5% per month
(18% Annual Rate) will be assessed on all accounts not paid by the 31st day after invoice
date. Client/Client Owner agrees to pay reasonable collection and attorney's fees in the
event of nonpayment.
Cash or checks payable to Peak Surveying, Inc and mail to:
Peak Surveying, Inc
PO Box 1746
Rifle, CO 81650
ROARING FORK
ENGINEERING
2020 Rate Sheet
Labor Category Rate
Principal Engineer $195/hour
Senior Project Manager $170/hour
Project Manager $155/hour
Senior Project Engineer $140/hour
Project Engineer $125/hour
Design Engineer 2 $117/hour
Design Engineer 1 $110/hour
Design Engineer $95/hour
Inspector (PE) $143/hour
Inspector(EIT) $101/hour
Other Direct Costs
Mileage $0.58/mile
Printing 8.5x11 (black &white) $0.10/sheet
Printing 8.5x11 (color) $0.20/sheet
Printing 11x17 B&W $0.30/sheet
Printing 11x17 color $0.40/sheet
SWCA I Standard Rate Schedule
2020 LABOR CATEGORIES AND BILLING RATES
Principals&Project Management Staff
Project Manager III........................................ $89.00 Project Manager IX....................................... $153.00
Project Manager IV........................................ $99.00 Project Manager X......................................... $171.00
Project Manager V......................................... $109.00 Project Manager Xl........................................ $187.00
Project Manager VI........................................ $119.00 Project Manager XII. ................................... $205.00
Project Manager VII....................................... $131.00 Principal-in-Charge................................:...... $285-398
Project Manager VIII...................................... $142.00
Consulting Services
Cultural Resources Air Quality
Environmental Resources Graphics/Media Production
Paleontology GIS/CADD Resources
Scientific Resources Technical Writing/Editing
Planning Resources Principal Investigator
Information Technology Training,,/Facilitating
Specialist I...... ......... ......... .......... ............ $67.00 Specialist IX... ............................................ $153.00
Specialist II................................................. $79,00 Specialist X................................................... $171.00
Specialist III................................................. $89.00 Specialist XI................................................. $187.00
Specialist IV.............. . ................. ............ $99.00 Specialist XII................................................ $205.00
Specialist V...........I..................1,............I...... $109.00 Su atter Expert...................................... $210324
Subject M -
Specialist VI. .,. $119.00
Specialist VII. '.,. $431.00 Technician L .... ........ ..................... $47.00
Specialist VIII. $142.00 Technician N.................................................. $55.00
Administrative
Administrative I............................................. $42.00 Administrative V............................................ $89.00
Administrative II............................................ $53.00 Administrative VI............................................ $101.00
Administrative III......... I....... ......... ............ $66.00 Administrative VII.......................................... $113.00
Administrative IV........................................... $77.00 Administrative VIIII.......................................... $125.00
Direct expenses are subject to a 15% administrative markup and subcontractor expenses are subject to a 20%administrative
markup.These rates do not apply to depositions or testimonies at administrative hearings and trials.Such activities fall under our
Expert Witness rates,which vary by state.
A communication/data fee is invoiced at a rate of 3%of labor to cover such expenses(i.e.:cell phones,data plans,faxes,etc.).
Overtime is invoiced at 1.2 times standard rates.
Per Diem is billed at the GSA rate in place at the time of billing. Mileage is billed at the IRS mileage rate in place at the time of
billing.
Last revised 01.17.2020 Page 1 1
Kumar ni NssodiaeInc.
Geotechnical and Materials Engineers 5020 County Road 1541(+Aand
Environmental Scientists Glenwood Springs, CO 81601
phone: (970)945-7988
fax: (970)945-8454
email: kaglenwood@kumarusa.com
An Employee Owned Company www.kumarusa.com
Office Locations: Denver(HQ), Parker,Colorado Springs,Fort Collins,Glenwood Springs,and Summit County,Colorado
FEESCHEDULE
GLENWOOD SPRINGS
PROFESSIONAL SERVICES
FIELD EXPLORATION
Truck-mounted drill rig
CME-45B... $170/hour
Mobilization...................................................................................................$4.00/mile
All-terrain drill rig............................................................................................... Cost+20%
Crewtravel ......................................................................................................$80/man/hour
Special equipment (backhoe, drill bits, well supplies, etc.) .................................. Cost+20%
Field Engineer or Geologist..................................................................................... $90/hour
Overtime (over 8 hours/day, Saturday, Sunday and Holidays)................ 1.5 x hourly rate
LABORATORY TESTING
Fee schedule available on request.
CONSTRUCTION OBSERVATION AND MATERIALS TESTING
Fee schedule available on request.
ENGINEERING
(Includes project planning, administration, analysis, consultation, report preparation, field
and travel time. Expert witness service has a 50%premium hourly rate.)
Principal................................................................................................................ $200/hour
Senior Project Manager..........................................................................................$180/hour
ProjectManager.................................................................................................... $150/hour
Senior Project Engineer/Geologist......................................................................... $120/hour
Project Engineer/Geologist.................................................................................... $100/hour
Staff Engineer/Geologist......................................................................................... $90/hour
CAD/Drafting......................................................................................................... $80/hour
WordProcessing ..................................................................................................... $58/hour
OTHER DIRECT CHARGES
Autoor pickup mileage.......................................................................................... $.70/mile
Out of town living expenses, equipment rental, supplies, etc. .............................. Cost+ 20%
REMARKS
Late fee .of $30.00 or 1.5% per month (whichever is the greater) charged 30 days from
invoice date plus collection costs, bank charges and reasonable attorney's fees. Up to 3
copies of report provided for each project. Minimum 2 hour trip charge per day for field
engineer or technician.
Terms and Conditions on Back Effective May 22,2019