21.04.14 ICSA 2021 Survey Agreement 2021 Independent Contractor
AV 0 n Service Agreement
For 2021 Avon Surveys
This Independent Contractor Service Agreement ("Agreement") dated as of MCI- 2021, is '5c /
between the Town of Avon, a Colorado home rule community ("Town") and MARCING ENGINEERING, a
Tilted liability company of the State of COLORADO whose business address is PO BOX 106 ,AVON,
CO 81620("Contractor" and,together with the Town,"Parties").
1. Services: Contractor agrees to provide services ("Services") as described in the proposal
("Proposal") attached hereto and incorporated herein as Exhibit A. To the extent the provisions of this
Agreement conflict with the Proposal,the terms of this Agreement shall control. Contractor shall provide and
complete the Services in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances in Colorado. Contractor
hereby warrants that it has the workforce,training,experience and ability necessary to properly complete the
Services in a safe and timely fashion. Contractor will comply, and cause all of its employees, agents and
subcontractors to comply, with applicable safety rules and security requirements while performing the
Services.
2. Independent Contractor: The Contractor shall perform the Services as an independent contractor
and shall not be deemed by virtue of this Agreement, or any other document attached or referenced herein,
to have entered into any partnership,joint venture, employer/employee or other relationship with the Town
other than as a contracting party and independent contractor. The Town shall not be obligated to secure,
and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the
Contractor or the Contractor's employees,sub-consultants,contractors,agents,or representatives,including
coverage or benefits related but not limited to: local, state, or federal income or other tax contributions;
insurance contributions(e.g., FICA);workers'compensation;disability, injury, or health; professional liability
insurance, errors and omissions insurance;or retirement account contributions.
3. Insurance:
3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the Term
(as defined herein) of this Agreement insurance of the kind and in the minimum amounts specified in this
Section 3.1. The Required Insurance (defined below) shall be procured and maintained with insurers with
an A-or better rating as determined by Best's Key Rating Guide. All Required Insurance shall be continuously
maintained to cover all liability,claims,demands, and other obligations assumed by the Contractor.
The Contactor shall secure and maintain the following ("Required Insurance"):
A. Worker's Compensation Insurance in the minimum amount required by applicable law for all
employees and other persons as may be required by law. Such policy of insurance, if any, shall be
endorsed to include the Town as a Certificate Holder.
B. Comprehensive General Liability insurance with minimum combined single limits of One Million
Dollars ($1,000,000.00) each occurrence and of One Million Dollars ($1,000,000.00) aggregate. The
policy shall be applicable to all premises and all operations of the Contractor. The policy shall include
coverage for bodily injury,broad form property damage(including completed operations),personal injury
(including coverage for contractual and employee acts), blanket contractual, independent contractors,
products, and completed operations. The policy shall contain a severability of interests provision.
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Coverage shall be provided on an "occurrence" basis as opposed to a "claims made" basis, Such
insurance shall be endorsed to name the Town as Certificate Holder and name the Town,and its elected
officials, officers,employees and agents as additional insured parties.
3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on
insurance by this Section 3.INSURANCE and its subsections,insurance shall conform to all of the following:
A. For both Required Insurance and other insurance carried by Contractor ("Contractor
Insurance"),all policies of insurance shall be primary insurance,and any insurance carried by the Town,
its officers, or its employees shall be excess and not contributory insurance to that provided by the
Contractor; provided, however,that the Town shall not be obligated to obtain or maintain any insurance
whatsoever for any claim,dama9e,or purpose arising from or related to this Agreement and the Services.
The Contractor shall not be an insured party for any Town-obtained insurance policy or coverage.
B. For both Contractor Insurance and Required Insurance, the Contractor shall be solely
responsible for any deductible losses.
C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or
property damage arising from completed operations.
D. For Required Insurance, _,tractor shall orovide proof of coverage upon request at reasonable -Art')
eats. evory noz+cy-Of tnst ce-skawerevicie that the Town h eceive eetice no-less-than-thifty-(30)
onor-u a w-canse+►a er Hat+er--or 3 material-oh-once in such oci+ey-.
3.3. Failure to Obtain or Maintain Insurance. The Contractor's failure to obtain and continuously
maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not
limit,prevent,preclude,excuse,or modify any liability,claims,demands,or other obligations of the Contractor
arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to
obtain and to continuously maintain policies providing the required coverage,conditions,restrictions,notices,
and minimum limits shall constitute a material breach of this Agreement upon which the Town may
immediately terminate this Agreement, or, at its discretion,the Town may procure or renew any such policy
or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all
monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the
Town, or at the Town's sole discretion, the Town may offset the cost of the premiums against any monies
due to the Contractor from the Town pursuant to this Agreement.
3.4. Insurance Certificates. Prior to commencement of the Services,the Contractor shall submit to the
Town applicable certificates of insurance for all Required Insurance. Insurance limits, term of insurance,
insured parties, and other information sufficient to demonstrate conformance with this Section 3.
INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance
shall reference the Project Name as identified on the first page of this Agreement. The Town may request
and the Contractor shall provide within three(3)business days of such request a current certified copy of any
policy of Required Insurance and any endorsement of such policy. The Town may, at its election,withhold
payment for Services until the requested insurance policies are received and found to be in accordance with
the Agreement.
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4. Payment: Payment for Services shall be due monthly eary-after-the-Ses-aochlat:ted to-the
sat+stoctien--v cla-satisfaction be-deterchihe by Te-T-ewa4R-is seleand reasonable_dissret+o14
after Contractor has submitted an invoice for the amount due complete with the Contractor's taxpayer
identification number or social security number. Town shall pay Contractor within thirty (30) days after an
invoice in proper form is submitted to Town.
2021 AVON SURVEYS ICA WITH MARCIN
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5. Ownership of Documents:
5.1 Work Product is Property of Town. Upon complete payment for services rendered, the Work
Product, as defined in Sub-Section 1.1, shall be deemed work made for hire and made in the course of
Services performed under this Agreement and will be the exclusive property of Town. Town will have
unlimited right to make, have made,use, reconstruct,repair,modify, reproduce,publish,distribute and sell
the Work Product, in whole or in part,or combine the Work Product with other matter, or not use the Work
Product at all,as it sees fit. Any reuse of the Work Product produced under this Agreement for any purpose
not directly related to this Agreement will be at the sole risk of Town.
5.2 Obligations of Contractor's Personnel and Subcontractors. Contractor warrants it has
enforceable written agreements with all of its personnel and subcontractors to be involved in performing
the Services that:
A. assign to Contractor ownership of all patents, copyrights and other proprietary rights created in
the course of their employment or engagement; and
B. obligate such personnel or subcontractors, as the case may be, upon terms and conditions no
less restrictive than are contained in this Section 5 OWNERSHIP OF DOCUMENTS, not to use or
disclose any proprietary rights or information learned or acquired during the course of such employment
or engagement including, without limitation, any Work Product, all Contractor property and any other
information pursuant to this Section 5 OWNERSHIP OF DOCUMENTS.
5.3 Assignment of Proprietary Rights. To the extent that any title to any Work Product may not, by
operation of law, vest in Town, or such Work Product may not be considered to be work made for hire,
Contractor hereby irrevocably transfers and assigns to Town in perpetuity all worldwide right, title and
interest in and to the patent rights, copyrights, trade secrets and other proprietary rights in and ownership
of,the Work Product.
5.4 Town Furnished Information. Title to all materials and all documentation furnished by the Town
to Contractor will remain in the Town. The Contractor will deliver to the Town and any all Work Product
and property, including copies thereof on whatever media rendered,upon the first to occur of:
A. the Town's written request;or
B. completion of the Services under this Agreement;or
C. termination of this Agreement.
5.5 The Contractor waives any right to prevent its name from being used in connection with the
Services.
6. Illegal Aliens: Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the
subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement,
Contractor certifies as of the date of this Agreement it does not and shall not knowingly employ or contract
with an illegal alien who will perform work under the public contract for services and that the Contractor will
participate in the e-verify program or department program in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under the public contract for services. The
Contractor is prohibited from using either the e-verify program or the department program procedures to
undertake pre-employment screening of job applicants while this Agreement is being performed. If the
Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly
employs or contracts with an illegal alien,the Contractor shall be required to notify the subcontractor and the
2021 AVON SURVEYS ICA WITH MARCIN
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Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien. The Contractor shall terminate the subcontract if the subcontractor does not
stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding
Contractor's actual knowledge. The Contractor shall not terminate the subcontract if,during such three days,
the subcontractor provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien. The Contractor is required to comply with any reasonable request made by
the Department of Labor and Employment made in the course of an investigation undertaken to determine
compliance with this provision and applicable state law. If the Contractor violates this provision, the Town
may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages
incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement.Town
Unilateral Termination: Town may terminate this Agreement without cause upon delivery of written notice
to the Contractor at least ten (10) days prior to the effective date of termination or may terminate this
Agreement immediately upon delivery of written notice if Contractor fails to provide the Services in
accordance with the terms of this Agreement.
7. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive,
limit,or otherwise modify any governmental immunity that may be available by law to the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act,Title 24,
Article 10, Part 1 of the Colorado Revised Statutes.
8. Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to
ensure applicants are employed,and employees are treated during employment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation;and selection for training,including apprenticeship.
9. No Third-Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any third-party, including any
agent, sub-consultant or sub-contractor of Contractor. Absolutely no third party beneficiaries are intended
by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended
beneficiary only.
10. Limitation of Damages: The Parties agree that Contractor's remedies for any claims asserted
against the Town shall be limited to proven direct damages in an amount not to exceed payment amounts
for Services due under the Agreement and that Town shall not be liable for indirect, incidental, special,
consequential or punitive damages, including but not limited to lost profits.
11. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Town,its members,affiliates,officers,directors,partners,employees,and agents from and against
all claims,damages,losses and expenses,including but not limited to reasonable attomey's fees,arising out
of the performance of the Services, provided that any such claim,damage, loss or expense is caused by any
negligent act or omission of Contractor, anyone directly or indirectly employed by Contractor or anyone for
whose acts Contractor may be liable,except to the extent any portion is caused in part by a party indemnified
hereunder.
12. Governing Law,Venue,and Enforcement: This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in
the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite
2021 AVON SURVEYS ICA WITH MARCIN
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the resolution of disputes under this Agreement,the Parties hereby waive any and all right either may have
to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties
agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply
to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and
any exhibit or attachment,the language of this Agreement shall govern. ��//
13. Term. The provision of Services under this Agreement shall commence on L/��/2021 (the
"Effective Date") and will terminate on /_/2021 (cumulatively, the"Term"); provided, however, under
no circumstances will the Term exceed the end of the current Town Fiscal year(January 1 —December 31).
The Contractor understands and agrees that the Town has no obligation to extend this Agreement's Term,
or contract for the provision of any future services, and makes no warranties or representations otherwise.
Notwithstanding the foregoing, the Parties may mutually agree in writing to the monthly extension of this
Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town
Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this
Agreement.
14. Article X, Section 20ITABOR. The Parties understand and acknowledge that the Town is subject
to Article X,§20 of the Colorado Constitution("TABOR"). The Parties do not intend to violate the terms and
requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement
does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and,
therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town
are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the
Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the
Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available in accordance with the rules, regulations,and resolutions of Town
of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
15. Background Check. A background check of Contractor and any Contractor's employees or
subcontractors may be required by the Town. Contractor can provide proof of a CBI check within the past
six (6) months and shall provide a copy prior to the commencement of any Services (this can be acquired
online by going to www.colorado.gov) or the Town will conduct the background check and provide a
submission form to be completed by the Contractor.
2021 AVON SURVEYS ICA WITH MARCIN
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AGREEMENT READ, UNDERSTOOD AND APPROVED:
TOWN OF AVON CONTRACTOR
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Title:Tzein.Manager Title: ie/i,1/AEr -
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2021 AVON SURVEYS ICA WITH MARCIN
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MARCIN
ENGINEERING
CIVIL ENGINEERING&LAND SURVEYING
EXHIBIT A
Contractor Proposal
Avon Office:(970)748-0274 I Breckenridge Office:(970)771-3459 I Denver Office:(720)381-6570
Mailing Address: P.O.Box 1062,Avon,CO 81620 I www.marcinengineering.com
PIPIIldbah MARCIN
IMMI ENGINEERING
CIVIL ENGINEERING&LAND SURVEYING
March 16,2021 P21-076
Justin Hildreth, PE
Town Engineer,Town of Avon
970-748-4045 I jhildreth@avon.org
RE: Proposal for Professional Land Surveying Services
Town of Avon Parcels
Dear Justin:
We are pleased to present the following proposal for professional land surveying services for the areas identified herein
by the Town of Avon in Avon, Colorado.The following is a summary of the scope of work Marcin Engineering proposes to
provide as well as an estimated fee for each task,according to the areas identified by the Town.
SCOPE OF WORK
Topographic Survey-Field
Task: Marcin Engineering will conduct boundary research and a field survey to locate all improvements to the subject
parcels based on found boundary evidence. Locate all existing utilities, topographic information, and improvements in
compliance with the RFP.
Topographic Survey-Office
Task: Marcin Engineering will prepare topographic survey maps depicting general information, legal description,
boundary information, utilities and easements, topographic information, and existing improvements in compliance with
the RFP.Topographic survey maps will be prepared and issued in PDF and AutoCAD format.
SURVEYING ESTIMATED FEES
Area 1:Mikaela Way Area 2:North Side of Nottingham Park
Topographic Survey—Field:$3000 Topographic Survey—Field:$1500
Topographic Survey—Office:$1200 Topographic Survey—Office:$700
Area 1 Total Estimated Fee:$4200 Area 2 Total Estimated Fee:$2200
Area 3:East Side of Nottingham Park Area 4:540 Nottingham Road
Topographic Survey—Field:$2200 Topographic Survey—Field:$1500
Topographic Survey—Office:$1000 Topographic Survey—Office:$700
Area 3 Total Estimated Fee:$3200 Area 4 Total Estimated Fee:$2200
Area 5:June Creek
Topographic Survey—Field:$2200
Topographic Survey—Office:$1000 (This cell intentionally left blank.)
Area 5 Total Estimated Fee:$3200
*Note:Surveying estimated fees include a 10%discount from our standard hourly rates.
Surveying Total Estimated Fee:$15,000.00
Avon Office:(970)748-0274 I Breckenridge Office:(970)771-3459 I Denver Office:(720)381-6570
Mailing Address: P.O.Box 1062,Avon,CO 81620 I www.marcinengineering.com
MARGIN
MUM ENGINEERING
CIVIL ENGINEERING&LAND SURVEYING
UTILITY LOCATES ESTIMATED FEES
Utility locates will be provided by Underground Utility Locating Consultants, LLC and their quotes are attached to this
proposal. Below is a summary of the estimated fees for utility locates in each survey area:
1) Mikaela Way:$2245.80
2) North Side of Nottingham Park: $2039.80
3) East Side of Nottingham Park:$861.40
4) 540 Nottingham Road:$979.40
5) June Creek:$876.40
Utility Locates Total Estimated Fee:$7002.80
Project Grand Total Estimated Fee:$22,002.80
Compensation
You will be billed monthly based on our then current hourly rates. Unforeseen conditions, revisions, changes in scope, or
any other work not specifically described in this proposal will be considered an Additional Service and will be billed based on
our then current hourly rates.
Avon Office:(970)748-0274 I Breckenridge Office:(970)771-3459 I Denver Office:(720)381-6570
Mailing Address: P.O.Box 1062,Avon,CO 81620 I www.marcinengineering.com
rw MARCIN
MEM ENGINEERING
CIVIL ENGINEERING&LANO SURVEYING
STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions shall continue in full force and effect during, as
well as after,the completion or termination of Marcin Engineering,L.L.C.'s employment.
To the extent any terms of conditions contained in these Standard
Terms and Conditions conflict with the Town's Independent Contractor
Agreement, to which the Stanard Terms and Conditions are attached,
the terms of the Town's Independent Contractor Agreement shall
control.
iti 1 M hail writi
PERFORMANCE
Marcin Engineering LLC and its employees will exercise that degree of skill and care expected of a reasonably
careful engineer in the State of Colorado. No other warranties,expressed or implied, are made with respect to
Marcin Engineering LLC's performance, unless agreed to in writing. Marcin Engineering LLC is not a guarantor of
the success of the project to which its services are directed,and its responsibility is limited to work performed for the
client. Marcin Engineering LLC is not responsible for acts or omissions of the client,nor of third parties not under
its direct control. Marcin Engineering LLC may rely upon information supplied by the client engaging Marcin
Engineering LLC, or the contractors or consultants involved, or information available from generally accepted
reputable sources, without independent verification. Marcin Engineering LLC's services are performed solely for
client's benefit,there are no third-party beneficiaries of this Agreement,and no contractor, subcontractor,supplier,
consultant, or other third party shall have any claim against Marcin Engineering LLC as a result of its services.
Marcin Engineering LLC shall not have control over or charge of and shall not be responsible for construction
means,methods,techniques,sequences or procedures, or for safety precautions and safety programs in connection
with the project, since these are solely the responsibility of others. Marcin Engineering LLC shall not be
responsible for the contractor's schedules or failure to carry out the project in accordance with contract
documents. Marcin Engineering LLC shall not have control over or charge of acts or omissions of the contractor,
subcontractor,or their agents or employees,or of any third persons performing portions of the project.
Marcin Engineering LLC shall not be liable to client for any loss, liability, cost, damage or expense arising out
of the delay or failure to render services under this Agreement where such a delay or failure arises by reason of
legislative,administrative or government prohibition,fire,weather conditions,hostilities,civil disturbances, labor
or industrial disputes, inability to secure labor, acts of God or any other event beyond the reasonable control of
Marcin Engineering LLC, in which event either party may terminate that portion of the services under this
agreement not yet completed, and Consultant shall have no further liability to client therefore. A change
authorization extending the time to perform and stating an appropriate fee adjustment may be elected by mutual
agreement of the parties hereto as an alternative to termination.
USE OF REPORTS,DRAWINGS,ETC.
Marcin Engineering LLC retains ownership of letters, reports, drawings, specifications, photographs, test data,
notes and other work product it has created. Neither these documents nor any part thereof may be reproduced in
advertisements,brochures,or sales material,nor used by the client for any purpose other than the purpose for which
they were prepared, nor by third parties, without the written permission of Marcin Engineering LLC. If the client
requests Marcin Engineering LLC's work product be stored by some form of electronic media (i.e. CAD, word
Avon Office:(970)748-0274 I Breckenridge Office:(970)771-3459 I Denver Office:(720)381-6570
MARCIN
MIS ENGINEERING
CIVIL ENGINEERING&LAND SURVEYING
processor, spread sheets, etc.), the client agrees that Marcin Engineering LLC shall not be held liable for the
completeness,accuracy or longevity of these materials.
PROPOSALS
Proposals expire 30 days after submission to a client, unless a different expiration limit is included. Marcin
Engineering LLC may withdraw or modify a proposal at any time prior to clients' acceptance. All fees and
expenses quoted in proposals or stated in invoices are exclusive (net)of local or county excise and other business
or business license taxes. The client represents it is aware of all such taxes and shall be responsible to reimburse
Marcin Engineering LLC upon presentation by Marcin Engineering LLC of the cost of such taxes by and invoice
within one year of completion of services.
CLIENT DUTIES
In order for Marcin Engineering LLC to perform the services requested, the client shall, at no expense to Marcin
Engineering LLC, provide all necessary information regarding client's requirements as necessary for orderly
progress of the work. Client will immediately transmit to Marcin Engineering LLC any new information
concerning the project that becomes available to it, either directly or indirectly, during the performance of this
Agreement. Client agrees to render reasonable assistance as requested by Marcin Engineering LLC so the
performance of the services under this Agreement may proceed without delay or interference. Marcin Engineering
LLC will not be liable for any advice,judgment or decision based on inaccurate or incomplete information furnished
by Client or others engaged by or for the Client.
SAFETY
Fieldwork of Marcin Engineering LLC will be performed only under conditions deemed safe by Marcin Engineering
LLC's personnel. Charges may be made for safety or security measures required by hazardous job conditions.
Marcin Engineering LLC is not responsible for the safety of other persons or property.
SUSPENSION OF SERVICES
If the client fails to make payment when due Marcin Engineering LLC for services and expenses, Marcin
Engineering LLC may, upon seven days' written notice to the client, suspend performance of services under this
Agreement. Unless payment in full is received by Marcin Engineering LLC within seven days of the date of the
notice, the suspension shall take effect without further notice. In the event of a suspension of services, Marcin
Engineering LLC shall have no liability to the client for delay or damage caused the client because of such
suspension of services.
Either the Client or Marcin Engineering LLC may terminate this Agreement at any time with or without cause upon
giving the other party ten(10)calendar days prior written notice. The Client shall within fifteen(15)calendar days
of termination pay Marcin Engineering LLC for all services rendered and all costs incurred up to the date of
termination, in accordance with the compensation provisions of this contract.
FIXED PRICE CONTRACTS
Where Marcin Engineering LLC and the client have agreed to a fixed price contract, the following terms and
conditions are specifically excluded: Time Charges, Expenses, Equipment Usage, Affiliated Consultants, and
Subcontracted Services. Progress payments will be made monthly as a percent of completion unless otherwise
arranged with the client. Other stated billing terms remain in effect. Any work request by the client not defined in
the Scope of Work is deemed additional work and shall be invoiced on a time and material basis accordance with
the fee schedule shown below.
Avon Office:(970)748-0274 I Breckenridge Office:(970)771-3459 I Denver Office:(720)381-6570
Mailing Address: P.O.Box 1062,Avon,CO 81620 I www.marcinengineering.com
MARCIN
MIMI ENGINEERING
CIVIL ENGINEERING&LAND SURVEYING
ADDITIONAL SERVICES
Any work requested of Marcin Engineering LLC outside of the written Scope of Work or Change Order shall be
considered Additional Services. While Marcin Engineering LLC strives to document Additional Services by
written Change Order, sometimes that is not possible due to, among other things, the need for immediate services
to be performed. So long as the Client provides Marcin Engineering LLC with a request for Additional Services,in
any written form, Marcin Engineering LLC shall be entitled to compensation for such Additional Services at its
normal hourly rates plus expenses incurred, irrespective of whether a written Change Order is executed by the
Client.
STANDARD HOURLY RATES
Principal $248 per hour
Licensed Engineer/Surveyor $150 per hour
Project Engineer/Surveyor $132 per hour
Design Engineer $108 per hour
Senior Survey Technician $108 per hour
Survey/Engineering Technician $ 88 per hour
Office Technician $ 72 per hour
Survey Crew $208 per hour
TIME CHARGES
Time charges are accrued on an hourly basis unless other arrangements are established. Minimum time charges of
personnel are is-2 hours for weekend work. Billing rates may be increased periodically, after notification to the
client.
EXPENSES
Public transportation,subsistence and out-of-pocket expenses incurred during travel,communications,reproduction,
and shipping charges will be billed at cost plus 10% (invoiced as an expense service fee.)
Expended materials for field and laboratory investigations, rental equipment, consultants, and fees advanced on
client's behalf will be billed at cost plus 10%(invoiced
as an expense service fee.)
Company or personal vehicles Per IRS Standard Mileage Rate
Clients may be charged for the cost of providing copies of receipts or detailed "back-up" information concerning
expenses and additional revisions and billing information.
LIMITATION OF DAMAGES
Client agrees,to the full extent permitted by law,to limit the liability of Marcin Engineering LLC,as well as Marcin
Engineering ECUs agents and consultants,if any,to the Client for any and all claims,losses,damages of any nature
whatsoever to an amount not to exceed the total fee charged by Marcin Engineering LLC on this project. It is
intended that this limitation apply to any and all claims for professional liability or causes of action however alleged
relating to the project. Under no circumstances shall Engineer be liable for any consequential or incidental damages.
WAIVER OF LIABILITY FOR UNCOMPENSATED SERVICES
In the event that Marcin performs any services that are not expressly included within the written Scope of Work or a
Change Order,for which services Marcin Engineering LLC is not separately compensated,Marcin Engineering LLC
Avon Office:(970)748-0274 I Breckenridge Office:(970)771-3459 I Denver Office:(720)381-6570
Mailing Address: P.O.Box 1062,Avon,CO 81620 I www.marcinengineering.com
MARCIN
11111 ENGINEERING
VIl ENGINEERING&LAND SURVEYING
shall have no liability, whether in contract of tort, for any damages or expenses resulting from any of its errors or
omissions related to such work.
SEVERABILITY
If any provision of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the
remaining provisions shall continue in full for and effect.
SUBPOENAS AND COURT ORDERS
The client is responsible, after notification, for payment of Marcin Engineering LLC's time charges, attorney fees
and other expenses resulting from responding to subpoenas or court orders issued at the request of any person
concerning any part of Marcin Engineering LLC's work. Such charges will be based on billing rates in effect at the
time of Marcin Engineering LLC's response.
BILLING TERMS
The firm or individual engaging Marcin Engineering LLC is responsible for payment of charges unless we are
notified in writing,prior to the time that the charges are incurred,that the engagement is on behalf of another party.
Accumulated charges will be billed in approximately monthly intervals. State and local sales and use tax will be
included,if applicable. Payment in full is due upon receipt of the invoice. A late fee of$15.00 per month and interest
charges of 18%per year will be applied for invoices over 75 days past due. Client will pay Marcin Engineering LLC's
attorneys'fees and costs incurred in collecting monies due.
The client is responsible for payment of all charges. Agents of the client who engage Marcin Engineering LLC are
also responsible for payment of all charges unless otherwise agreed upon in writing prior to the time that the charges
are incurred.
Avon Office:(970)748-0274 I Breckenridge Office:(970)771-3459 I Denver Office:(720)381-6570
Mailing Address: P.O.Box 1062,Avon,CO 81620 I www.marcinengineering.com
Underground Utility Locating Consultants,LLC Estimate
P.O.Box 176
Oak Creek,CO 80467 Date Estimate#
3/6/2021 636
Name/Address
Phone# E-mail
Marcin Engineering,LLC
P.O.Box 1062 970-819-0547 locator@uulc-11c.com
Avon,CO 81620G
Web Site
uulc-Ilc.com
Project#
Mikela Way survey
Qty Item Description U/M Rate Total
I Consultation Utility facility consultation and mapping requests M/Hr. 95.00 95.00
12 Locating/Marking-Man... Locating&Marking of Dry Utilities-Electric, M/Hr. 95.00 1,140.00
Telecom&CATV,Fiber Optic Communications
&Gas
2 Sec.Locating/Marking-... Locating&Marking of Private Secondary Dry M/Hr. 95.00 190.00
Utilities-Electric,Telecom&CATV,Fiber Optic
Communications,Gas
6 Standard M/Hr. 95.00 570.00
280 Mileage Mileage/Ea. 0.56 156.80
8 Paint can 8.00 64.00
100 Flags Ea. 0.30 30.00
Total S2,245.80
All Estimates must be accepted with a client signature and returned via email prior to UULC,LLC acceptance of locate request. All
third party billing will be pre-authorized with customer credit card prior to locate request.
1 understand that this locate is being performed by electronic locating devices and that there are no guarantees-written or implied
and shall indemnify and hold Underground Utility Locating Consultants LLC,its clients,its agents,employees,all persons claiming
hereunder harmless from and against any and all claims,damages,losses and/or expenses,including attorney's fees,relating to,
arising out of or resulting from the performance of the work or the accuracy of the locate itself or resulting from the performance of
the work or the accuracy of the locates Individually or as a whole.
Acceptance Signature: (X)
Underground Utility Locating Consultants,LLC Estimate
P.O.Box 176
Oak Creek,CO 80467 Date Estimate#
3/6/2021 639
Name/Address
Phone# E-mail
Marcin Engineering,LLC
P.O.Box 1062 970-819-0547 locator@uulc-llc.com
Avon,CO 81620G
Web Site
uulc-llc.com
Project#
E/SD Nottingham Park survey
Qty Item Description U/M Rate Total
1 Consultation Utility facility consultation and mapping requests M/Hr. 95.00 95.00
8 Locating/Marking-Man... Locating&Marking of Dry Utilities-Electric, M/Hr. 95.00 760.00
Telecom&CATV,Fiber Optic Communications
&Gas
4 Sec.Locating/Marking-... Locating&Marking of Private Secondary Dry M/Hr. 95.00 380.00
Utilities-Electric,Telecom&CATV,Fiber Optic
Communications,Gas
6 Standard M/Hr. 95.00 570.00
280 Mileage Mileage/Ea. 0.56 156.80
6 Paint can 8.00 48.00
100 Flags Ea. 0.30 30.00
Total $2,039.80
All Estimates must be accepted with a client signature and returned via email prior to UULC,LLC acceptance of locate request. All
third party billing will be pre-authorized with customer credit card prior to locate request.
I understand that this locate is being performed by electronic locating devices and that there are no guarantees-written or implied
and shall indemnify and hold Underground Utility Locating Consultants LLC,its clients,its agents,employees,all persons claiming
hereunder harmless from and against any and all claims,damages,losses and/or expenses,including attomey's fees,relating to,
arising out of or resulting from the performance of the work or the accuracy of the locate itself or resulting from the performance of
the work or the accuracy of the locates individually or as a whole.
Acceptance Signature: (X)
Underground Utility Locating Consultants,LLC Estimate
P.O.Box 176
Oak Creek,CO 80467 Date Estimate#
3/6/2021 642
Name/Address
Phone# E-mail
Marcin Engineering,LLC
P.O.Box 1062 970-819-0547 locator@uulc-lic.com
Avon,CO 81620G
Web Site
uulc-llc.com
Project#
N/SD Nottingham Park survey
Qty Item Description U/M Rate Total
1 Consultation Utility facility consultation and mapping requests M/Hr. 95.00 95.00
4 Locating/Marking-Man... Locating&Marking of Dry Utilities-Electric, M/Hr. 95.00 380.00
Telecom&CATV,Fiber Optic Communications
&Gas
2 Sec.Locating/Marking-... Locating&Marking of Private Secondary Dry M/Hr. 95.00 190.00
Utilities-Electric,Telecom&CATV,Fiber Optic
Communications,Gas
1 Standard M'Hr. 95.00 95.00
140 Mileage Mileage/Ea. 0.56 78.40
I Paint can 8.00 8.00
50 Flags Ea. 0.30 15.00
Total $861.40
All Estimates must be accepted with a client signature and returned via email prior to t11 1LC,LLC acceptance of locate request. All
third pane billing will be pre-authorized with customer credit card prior to locate request.
I understand that this locate is being performed by electronic locating devices and that there are no guarantees-written or implied
and shall indemnify and hold Underground Utility Locating Consultants LLC,its clients,its agents,employees,all persons claiming
hereunder harmless from and against any and all claims,damages,losses and/or expenses.including attorney's fees,relating to,
arising out of or resulting from the performance of the work or the accuracy of the locate itself or resulting from the performance of
the work or the accuracy of the locates individually or as a whole.
Acceptance Signature: (X)
Underground Utility Locating Consultants,LLC Estimate
P.O.Box 176
Oak Creek,CO 80467 Date Estimate#
3/6/2021 646
Name/Address
Phone# E-mail
Marcin Engineering,LLC -
P.O.Box 1062 970-819-0547 locator@uulc-11c.com
Avon,CO 81620G
Web Site
uulc-llc.com
Project#
540 Nottingham Road survey
Qty Item Description U/M Rate Total
1 Consultation Utility facility consultation and mapping requests M/Hr. 95.00 95.00
6 Locating/Marking-Man... Locating&Marking of Dry Utilities-Electric, M/Hr. 95.00 570.00
Telecom&CATV,Fiber Optic Communications
&Gas
1 Sec.Locating/Marking-... Locating&Marking of Private Secondary Dry M/Hr. 95.00 95.00
Utilities-Electric,Telecom&CATV,Fiber Optic
Communications,Gas
1 Standard M/Hr. 95.00 95.00
140 Mileage MileageEa. 0.56 78.40
2 Paint can 8.00 16.00
100 Flags Ea. 0.30 30.00
Total S979.40
All Estimates must be accepted with a client signature and returned via email prior to UULC,LLC acceptance of locate request. All
third part\ billing will be pre-authorized with customer credit card prior to locate request.
I understand that this locate is being performed by electronic locating devices and that there are no guarantees-written or implied
and shall indemnify and hold Underground Utility Locating Consultants LLC,its clients,its agents,employees,all persons claiming
hereunder harmless from and against any and all claims,damages,losses and/or expenses,including attorney's fees,relating to,
arising out of or resulting from the performance of the work or the accuracy of the locate itself or resulting from the performance of
the work or the accuracy of the locates individually or as a whole.
Acceptance Signature: (X)
Underground Utility Locating Consultants,LLC Estimate
P.O.Box 176
Oak Creek,CO 80467
Date Estimate#
3/23/2021 657
Name/Address
Marcin Engineering,LLC
P.O.Box 1062
Avon,CO 81620G
Phone# E-mail
970-819-0547 locator@uulc-11c.com
Web Site
uulc-llc.com
Prniert#
June Creek(a.SineletreeRd survPv
Otv Item Description U/M Rate Total
1 Consultation Utility facility consultation and mapping M/Hr 95.00 95.00
1 Locating/Marking-Man requests Locating&Marking of Dry Utilities . 95.00 95.00
-Electric, Telecom&CATV,Fiber Optic M/Hr
3 Communications Locating&Marking of 95.00 285.00
Sec.Locating/Marking-... Private Secondary Dry Utilities-Electric,
Telecom&CATV,Fiber Optic M!Hr.
3 Communications,Gas 95.00 285.00
140 Standa Travel 0.5 78.40
1 rd Mileage M/Hr. 6 8.00
100 Milea /Ea. 8.00 30.00
ge ca 0.3
Paint n 0
Flags E
TntaI $876.40
All Estimates must be accepted with a client signature and returned via email prior to UUI C,LLC acceptance of locate request. All
third party billing will be pre-authorized with customer credit card prior to locate request.
I understand that this locate is being performed by electronic locating devices and that there are no guarantees-written or implied
and shall indemnify and hold Underground Utility Locating Consultants LLC,its clients,its agents,employees,all persons claiming
hereunder harmless from and against any and all claims,damages,losses and/or expenses,including attomey's fees,relating to,
arising out of or resulting from the performance of the work or the accuracy of the locate itself or resulting from the performance of
the work or the accuracy of the locates individually or as a whole.
Acceptance Signature: (X)