HomeMy WebLinkAboutresolution.council.095-18 l
RESOLUTION # 95
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND MERRICK & COMPANY 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 the
As Needed - Development Inspection Services, between the City of Aspen and
Merrick & Company, 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 Contract
As-Needed - Development Inspection Services between the City of Aspen and
Merrick & Company, 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 25`h day of June, 2018.
� C
Steven Ska on, Mayor
1, Linda Manning, 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, 25, 2018:
AindaningTCityIerk
draa�D
jP1�o
CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009 CITY.OFASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2018-064.
AGREEMENT made as of 25'h day of June, in the year 2018.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Water
130 South Galena Street Total: $0.00
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
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Merrick & Company Council of the City of Aspen.
c/o
5970 Greenwood Plaza Blvd City Council Approval:
Greenwood Village, CO 80111 Date:c�L ZS ,20Ar
Phone: 303-964-3333 ��
Resolution No.. � Gbp'
For the Following Project:
As-needed Development Inspection Services
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
I. 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 within five (5) days of 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 January 31, 2020. 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. The City shall
pay Professional the amount due within thirty (30) days of the City's receipt and approval of
Professional's invoice.
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
Agreement Professional Services Page I
for the purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
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 which are caused by the services
of Professional in performing this.contract, to the extent and for an amount represented by the
degree or percentage such injury, loss, or damage is caused by the wrongful act, omission, error,
professional error, mistake, negligence,-or other fault of the Professional, or any officer, employee,
representative, or agent of the Professional or anyone for whom Professional,is legally liable, 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
Agreement Professional Services Page 2
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(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 policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above 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
Agreement Professional Services Page 3
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(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. Professional shall provide
thirty (30) days' prior written notice to the City when the coverages afforded under the
policies will be canceled,terminated or materially reduced.
(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, See tion 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.
Agreement Professional Services Page 4
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
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 Ciri. 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) Purpose. 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:
Agreement Professional Services Page 5
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(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
Agreement Professional Services Page 6
subcontractor has not knowingly employed or contracted with an illegal
alien.
(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.
16. 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:
Agreement Professional Services Page 7
I. 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;
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.
17. 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.
18. 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.
(e) Force Majeure. Neither party shall be in default of its obligations if performance is.
prevented or delayed by an existing or future force majetire condition or any other cause
beyond the reasonable control of a party to this Agreement including, without limitation, act
of government, act of God, meteorological phenomenon, power failures or blackouts, strike,
shortage of labor or materials, insurrection, embargo, fire, flood, earthquake,
electromagnetic interference, explosion, riot, wars or armed conflicts, rebellion, civil
disobedience, sabotage, epidemic, emergencies or natural disasters. The affected party shall
be entitled to an equitable adjustment in schedule and/or fees for such delay.
19. 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
Agreement Professional Services Page 8
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 ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties hereto have executed,or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF SP N,COLORADO: PROFESSIONAL:
[slgmtUml [$1 RI
By: By: Ken Matthews
[Nw-1 [N1
Title: y /`7a . fir Title: Water Practice Leader
Date: �" 2 -�� Date: 6/22/18
Approved as to form:
Ci ttomey's Office
Agreement Professional Services Page 9
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Merrick& Company will perform development inspection services on an as-needed basis that
includes, but is not limited to:
A. Pre-Construction Phase:
a. Perform constructability review of project plans and specifications.
b. Review existing site conditions.
c. Attend pre-construction meetings and present special concerns, if any.
d. Review applicable City of Aspen Standards: Engineering Design Standards,
Water Distribution Standards, Construction and Excavation Standards for
Work in the Public Right-of-Way, Electrical Standards and Specifications for
Electrical Installation and Use, and Urban Runoff Management Plan
B. Construction Phase:
a. Review plans, specifications, testing procedures, and phasing. Become
familiar with traffic control plans, construction schedules, construction
sequences, and permit requirements from other agencies.
b. Photograph project prior, during, and after construction.
c. Review any shop drawings and submittals, provide guidance to City if
documents do not meet standards, applicable regulations or owner
preference(s).
d. Interpret plans, specifications and regulations and ensure that contractors are
following their contracts. Provide inspections to ensure projects are
constructed according to project specifications.
e. Notify City of Aspen personnel and-construction contractors about non-
compliance as soon as it is discovered.
f. Maintain daily diaries showing site and weather conditions; traffic control
measures taken by contractors; labor, equipment and materials used; quantity
of work performed; and major incidents/safety violations. Daily diaries shall
be submitted to City upon project completion or upon any request.
g. Review construction progress schedules on a regular basis; verify schedules
are on track with project milestones; identify deviations; and ensure that
corrective actions are taken to bring projects back on schedule.
h. Provide accurate measurements of work completed by contractors in
accordance with contract documents.
i. Coordinate with project design consultant the contractor's requests for
interpretation or clarification of meaning and intent of project plans and
specifications.
j. Review and evaluate proposed change orders render recommendations to City
personnel.
k. Review soil compaction and materials testing certifications of compliance.
Coordinate with City personnel, contractors, and design professional
representative(s) during any noted deficiencies.
1. Note where contractors have installed materials without approved material
testing certifications. Any failed tests shall be reported to City personnel.
in. Report potential conflicts to utilities, and advise them to relocate or remove
conflicting utilities and report outcome to City.
Agreement Professional Services Page 10
n. Attend weekly progress meetings to communicate, coordinate and resolve any
issues or problems that may arise at the job site.
o. Coordinate mitigation of construction impacts with contractor, City and other
agencies.
p. Provide inspection of street lighting, traffic control, channelization, and all
other traffic-related work.
q. Provide inspection of public utilities/water construction projects. Inspect
workmanship and materials involved in a variety of construction projects,
including pipelines, pump stations, wells, and storage reservoirs. Ensure
conformance with plans, specifications, and water distribution standards.
r. Observe construction safety, public safety and convenience, and report
discovered problems to City.
s. Monitor compliance with the City's National Pollutant Discharge Elimination
System (NPDES) Permits and Urban Runoff Management Plan. Monitor
compliance with all other local, state, and federal laws and regulations.
t. Prepare and transmit to contractor correspondence related to construction
inspection of projects. All correspondence sent to and received from
contractors shall be copied and transmitted to City.
C. Project Closeout:
a. Evaluate completion of work and recommend to City when work is ready for
substantial completion award and inspection.
b. Conduct substantial completion inspection/walk through with City staff,
maintenance/service personnel and project architect/design consultant.
c. Issue preliminary and final punch list, including schedule for punch list
completion. Monitor and follow through with contractor until completion of
all punch list items.
d. Coordinate review and submittal of as-built plans to City upon project
completion.
e. Deliver project files to City.
Agreement Professional Services .Page 1 I
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
PERSONNEL 2016
WORK CLASS MINIMUM QUALIFICATIONS HOURLY RATE
Senior Principal MS in Engineering 25+years relevant experience,Professional $205.00
Engineer Registration,recognized expertise
Principal Engineer BS in Engineering plus 20+years relevant experience,or MS in $190.00
Engineering plus.15+years relevant experience, Professional Registration
Senior Project BS in Engineering plus 15+years relevant experience,or MS in $140.00
Engineer Engineering plus 13+years relevant experience,Professional Registration
Project Engineer BS in Engineering plus 8+years relevant experience,or MS in Engineering $135.00
plus 6+years relevant experience,Professional Registration
Professional BS in Engineering plus 4+years relevant experience, Professional $120.00
Engineer Registration
Engineer in Training BS in Engineering $90.00
Resident Engineer/. BS in Engineering plus 4+years relevant experience;or 10 years relevant $130.00
Senior Resident experience
Resident Inspector BS degree or 4+years relevant experience in heavy construction $95.00
Survey Crew Two person survey crew complete with Total station or other equipment $150.00
Hydrologist $120.00
Senior Designer with 10 years relevant experience $112.00
CAD Station
Engineer drafter with 4+years relevant experience $92.00
CAD Station
Engineer Technician $100.00
Administrative $74.00
TRAVEL TIME POLICY: For Design Phase,travel charges will consist of mileage plus time if required during a working day,
If travel ran be before 8:00 a.m. or after 5:00 p.m., no time charge. For Construction Phase: if paid by District—no time.
charged;when developers pay, charge from Aspen(plus vehicle mileage).
BILLABLE EXPENSES:
Subconsultant Cost plus 5%(N/A) '
Travel Cost
Printing/Reproduction Cost
(Normal Needs for Design Phase—Not Extra)
GPS System $100.00/unit/day
Vehicle Mileage Current Allowable IRS Rate
• Generally (with some exception), there is no charge for travel time or for over 8 hours in one
day.
• Mileage is charged to/from our Aspen office (or other job site). Rarely is the distance over five
miles.
• No charge is made for question answers(usually by telephone) requiring less than
approximately 10 minutes.
• The hourly rate used reflects the type.of work. For example, if Jim or Dean are assigned as the
full-time inspector on a project, he would be billed at the Resident Engineer rate.
Agreement Professional Services Page 12
• When personnel from our other offices are needed because of the Aspen office overload,
billings will assume expenses as from the Aspen office.
• If a time effort is thought to be inefficient or misdirected during the design phase,the
ineffective time is not billed.
• Subconsultants, if needed, as well as expenses, are billed at actual costs plus 5%to cover our
expenses.
Payment is Net30. Payment is for services rendered on an as-needed basis. The City does not
imply or guarantee a minimum dollar contract amount.
Agreement Professional Services Page 13