HomeMy WebLinkAboutresolution.council.088-08RESOLUTION #~
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND HAYWARD BAKER SETTING FORTH THE
TERMS AND CONDITIONS REGARDING FOUNDATION STABILIZATION
OF TRUSCOTT BUILDING C AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Hayward Baker, a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves a contract
with Hayward Baker regarding Foundation Stabilization of Truscott Building
C, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager of the City of Aspen to execute said
contract on behalf of the City of Aspen.
`' ~
Dated: 5~~~r ~ ~-v_„J <~?~- ~Cr.~ ~S
~/ ~~~ i
Mick Irelan ,Mayor
I, Kathryn S. Koch, 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
September 22th 2008
~t
K ryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Hayward Baker, Inq ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
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 11/1/08. 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. hi 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 $63,390.00 . 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-Assi ig at bility. Both parties recognize that this contract 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 maybe due to any sub-contractor.
5. Termination. The Professional or the City may terminate 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
PS1-971.doc Page 1
termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepazed 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 maybe determined.
6. Covenant Against Contingent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulfing from the award or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing wntained 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, if 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 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
PS1-971.doc cage 1
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.
(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. hi 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 FNE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FNE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FNE HUNDRED THOUSAND DOLLARS
($500,000.00) disease -each employee. Evidence of qualified self-insured status maybe substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including cempleted 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 cembined
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 ($1,000,00-
0.00) 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
PS1-971.doc Yage 3
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 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 by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits aze 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 certifi-
cate 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 wntract, the monetary limitations (presently $150,000.00
per person and $600,000 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 (CIIiSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen
Finance Department and aze available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
Page 4
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. Nofice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City: Professional:
City Manager Tom Szynakiewicz
City of Aspen Hayward Baker, Inc_
130 South Galena Street 11575 Wadsworth Blvd
Aspen, Colorado 81611 Broomfield, Colorado 80020
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 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, wvenant, 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 wnstitute 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. Notwith-
standing 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.
PS1-971.doc Page 5
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 aze defined in the new law and by this reference
aze 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
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees aze not employ 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.
PS1-971.doc Page
(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 aze 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 eazlier. 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.
(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
.doc Page 7
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 sweazs 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. General Teans.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or wvenants 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.
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 hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971.doc Page 8
ATTESTED BY:
CITY OF ASPEN, COLORADO:
/ ~ Title: C° ~ /`'( -
~'~
Date: ~' ° "~"`'~
~Y~ ~D¢ 1'1G tC ~ S
Title: ~~ ~ ~~ ~[G~ S I~n.~
Date: ~ o
PS1-971.doc Page 9
I bM cJ~~~[~ceW ~
EXHIBIT "A" to Professional Services Agreement
Scope of Work
(To be completed prior to execution of Agreement)
PS1-971.doc Page 10
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
(To be completed prior to execution of Ageement)
PS1-971.doc Page 11
HAYWARD
BAKER
GROtechniwl Construction
ILLER
AUGUST 13, 2008
THE CITY OF ASPEN
ENGINEERING DEPARTMENT
130 SOUTH GALENA ST
ASPEN, CO 81611
ATTENTION: TYLER CHRISTOFF
TEL: 970.544.3143
FAX: 970.920.5081
EMAIL: tvlerc(r~ci.asoen.co.us
COMPACTION GROUTING OF SOIL BACKFILL
TRUSCOTT REDEVELOPMENT
ASPEN, CO
Mr. Christoff,
Included here-in is Hayward Baker, Inc. (HBI's) proposal for compaction grouting for soils
densification at the above referenced project.
This proposal is based upon:
1. A site visit by Tom Szynakiewicz of HBI.
2. Two sheet drawings of the affected buildings by Theodore K. Guy and Associates dated
7/19/01.
3. A repair plan for the affected areas by Schmuser Gordon Meyer dated 9/19/08.
HBI understands that fill is settling behind the building wall of two units at the above referenced
project. It is estimated that approximately 10 -15 ft of fill soils exist along the slabs which have
settled. HBI proposes to utilize compaction grouting to densify and stabilize the fill in order to
reduce the potential for future settlement. Lift of the slabs and/or columns will be attempted as
possible and practical.
COMPACTION GROUTING
Compaction grouting improves ground conditions by volumetric displacement. Avery viscous (low-
mobility), aggregate grout is pumped in stages to displace and densify the surrounding soils. By
sequencing the work from primary to secondary locations, this densification process can be
performed to achieve significant improvement. Spacing of the compaction grout locations will be as
necessary to accommodate the environment and the desired level of densification. The primary
purpose of the compaction efforts will be to densify the soils and mitigate the potential for future
TRUSCOTT REDEVELOPMENT August 13, 2008
ASPEN, CO
Page 2 of 7
settlement. The grout is manufactured on-site so adjustments in flowability and slump can be made
real-time.
COMPACTION GROUTING PROGRAM
HBI will provide all crew, materials, labor and expertise necessary for compaction grouting of in-situ
soils. Initially, a casing will be drilled into the ground to termination depth; grout will be pumped
through the casing as the casing will be withdrawn in 1 ft stages. Grout will be pumped at each stage
until one of the following refusal criteria is met:
1. A minimum grout pump gauge pressure of 150 - 200 psi is achieved.
2. More than 3 Cubic Feet of grout have been placed in any single grout stage.
3. Surface heave is noticed at the grout location.
Once the casing is withdrawn to the next stage, the process is repeated until the surface is contacted.
The procedure is repeated at each compaction grouting location. HBI will install three compaction
grout points in a staggered pattern on either side of the pipe. Based on HBI's experience, this spacing
will achieve the desired results. Once HBI has completed compaction grouting, the existing
excavation can be filled with compacted lifts of soil.
TECHNICAL CONSIDERATIONS
It is estimated that the compaction grout holes will be approximately 10 - 15 fr deep depending on
the depth/elevation of native soils.
Quantities for the project are derived as follows:
1. 10 compaction grout locations under building columns
2. 32 compaction grout locations along existing slabs immediately adjacent to the buildings
3. 18 compaction grouting locations along existing slabs azound the Elevator/Equipment
building
4. 8 compaction grouting locations underneath the Equipment Building
It is estimated that compaction grout holes will be approximately 14 ft deep and will terminate in
native soils. 2.5 cubic feet per foot of grouting were used to calculate grout use on the project.
HBI will attempt to achieve lifr of the affected aeeas. However, lift is often limited by factors outside
of HBI's control including the soil conditions and soil response, and condition of the structwe and/or
footings. The primary purpose of the grouting effort will be to arrest the potential for future
movement.
HBI will require access to the gazage areas in order to monitor the walls of the garage structure for
movement during the grouting operation.
Additional testing may be performed at the Owner's or Contractor's discretion by the taking of
boring samples in-between the columns to verify densification of soils.
HAriMARD
BAI~R
www. h avwa rd baker.com
TRUSCOTT REDEVELOPMENT
ASPEN, CO
Page 3 of 7
HBI will conduct compaction grouting in the following general sequence:
1. HBI receives written order to proceed.
2. HBI mobilizes to the site.
3. HBI installs all compaction grout locations.
4. HBI demobilizes from site.
August 13, 2008
QUALITY ASSURANCE AND QUALITY CONTROL PROGRAM
HBI's QA/QC program will consist of field documentation. The grouting operations will be
documented on forms by HBI personnel to describe the grout volume and pressure experienced at
each location and each stage. HBI will employ a full time, qualified superintendent for the duration
of the project. Daily reports by the superintendent detailing production will also be completed and
submitted.
SCHEDULE
It is estimated that the compaction grouting will take approximately 6 days to complete. HBI
anticipates mobilization of crew and equipment approximately 2-3 weeks and after receiving a
written notice to proceed.
We have attached our schedule of prices and list of conditions herein. This letter and its attachments
constitute HBI's proposal and will be made a part of any contract between The City of Aspen and
HBI. The acceptance of the price of this Proposal shall evidence the concurrent acceptance of all
terms and conditions recited herein or incorporated by reference. Any resulting contract will not
include any other agreements or documents not specifically given to HBI and referenced herein. We
trust this proposal is of interest to you and we look forward to being of service. If we can be of any
assistance in clarifying any points in this proposal, please contact us at (303) 469-1136.
Sincerely,
HAYWARD BAKER, INC.
f2ra
%f~
Tom Szynakiewicz, P.E.
Project Manager
HAYWARD
BAI~R
www. h a vwa rd b a ke r. c o m
TRUSCOTT REDEVELOPMENT
ASPEN, CO
Page 4 of 7
August 13, 2008
SCHEDULE OF PRICES
Hayward Baker Inc. (HBI) proposes to perform the work described in the accompanying letter for the
prices listed below and under the terms and conditions stated herein. It is understood that final payment
will be based on the actual quantities and that the estimated quantities listed below are for budgeting
purposes only.
Item Description Est'd Unit Unit Total
No. Quantity Price Price
1 Mobilization 1 LS $9,450.00 $9,450.00
Compaction
Grouting
2 da rate 6 DAY $5,165.00 $30,990.00
Compaction
3 Grout 2550 CF $9.00 $22 950.00
TOTAL $63,390.00
HAYWARD
BAI~R
www. h avwardbake r. com
TRUSCOTT REDEVELOPMENT August 13, 2008
ASPEN, CO
Page 5 of 7
SPECIFIC TERMS AND CONDITIONS
The following facilities and services are to be provided to HBI by others free of all costs to HBI:
Site Access: Preparation and maintenance of clear, well drained, unintemtpted access ways and working platforms at least 30
ft wide suitable for HBI equipment moving under its own power. Access includes adequate ramps at suitable levels and should
be available at the time andto the extent necessary to suit HBI's operations.
Sequence: Work is to be made available in a sequence that will enable HBI to work efficiently and systematically without
restriction.
Proeression of the Work: HBI's proposal is based upon carrying out the work in an unobstructed manner during regular
working hours, Monday through Saturday, in a single uninterrupted visit to the site. HBI reserves the right [o work overtime,
nights or weekends at HBI's own discretion without incumng charges for inspection, site overhead or other consequential
charges. In the event that HBI's work is interrupted for any reason beyond our control such as untimely excavation or site
congestion, HBI shall be compensated at the rate of $325.00 per hour for standby of the crew and equipment.
Site Preparation and Maintenance: Removal of all surface or subsurface topsoil, brush, organic material and other
unacceptable material in accordance with the requirements of the contract documents.
Site Work: The work under this proposal does not include any excavation, grading or sealing work required on the site to
establish a working platform or to restore the site to the original or finished grade. All such work is to be famished by others
in a timely manner, so as not to impede the progress of the work or cause damage to the fmished work.
Traffic Control: All pedestrian and vehicular traffic control including signs and barricades, if and when required.
Utilities: Location of utilities not located by the Utility Notification Center of Colorado (UNCC) is not included in the scope
of work of HBI. The [Owner or Contractor] is obligated to ensure that all utilities not marked by One-Call are properly
located, exposed, potholedand/or relocated so that HBI's work can proceed in a safe and productive manner.
Furthermore, it is possible that damage may occur as a result of heave, settlement or intmsion caused by grout material due to
the unforeseeable condition of the Bound or utility. For this reason, HBI can not accept responsibility for damages thus
caused.
Permits and Easements: All site permits and easements required to legally perform the work.
W ater Supply: Adequate supply of clean fresh potable water supplied to within 300 feet of HBI's operations at the rate of 100
gpm at 65 psi.
Security: Site security during nights and weekends.
Site Yard: An area shall be provided on-site, adjacent to the work, for HBI's equipment, storage yard, workshop, material
stockpiles and site office(s).
Union Mannine: Labor to comply with union requirements on HBI operations other than those specifically discussed in the
proposal.
Labor Affiliations: This proposal is made with the understanding that HBI will employ open shop labor. In the event that
union labor must be used the client will pay for any cost differential.
Hazardous Material In the event that HBI encounters any hazardous material on the site that has not been rendered harmless,
HBI shall immediately stop work in the area affected and report [he condition in writing to the Owner and Engineer. To the
fullest extent permitted by law, the Owner and Contractor shall indemnify and hold harmless HBI, their agents, consultants,
and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out
HAYMlARD
BAKER
"{"""
www.havwa rdba ker. corn
TRUSCOTT REDEVELOPMENT August 13, 2008
ASPEN, CO
Page 6 of 7
of or resulting from performance of the work in the affected area.
The following additional terms and conditions will apply to the proposed work:
Liquidated Damases: The Owner or Contractor shall not be entitled to any liquidated damage, delay damage or other time
related penalties arising from the work.
Bonds: The cost of a bond premium is not included in the contract price. If desired by and paid by the [Owner or Contmctor],
HBI will famish a Payment and Performance Bond at 1% of total contract price.
Confidentiality: All specifications, drawings, price and technical data submitted by HBI are to be treated as
confidential and shall not be used for any purpose other than the evaluation of this bid, oor shall such information be
disclosed to any third party for any purposes without the express written consent of HBI. Such information shall
remain HBI's property and be returned to HBI upon demand.
Period of Acceptance: This Proposal is offered for acceptance for a period of 21 days.
Exclusions: Any items of work not specifically included in [his proposal shall not be [he responsibility of HBI.
GENERAL TERMS AND CONDITIONS
Payment Terms: Progress payments will be submitted monthly and shall be payable within 30 days of the invoice date.
All other amounts due, including retention (if any), will be paid in full within 45 days of substantial completion of HBI's work,
regardless of the anticipated project completion date.
An interest charge of 1-1 /2% percent per month will be added to invoice amounts not paid within 30 days from date of invoice.
All costs of collection, including attorneys' fees and court costs, will be added to unpaid invoice amount.
Chaneed Conditions: Notwithstanding all clauses of this contract, if HBI, during its work, encounters 1) subsurface
conditions or latent physical conditions which differ from those indicated in this Agreement, or 2) unknown physical
conditions of an unusual nature, differing from those ordinarily encountered, then HBI shall be entitled to an equitable price
and schedule adjustment to compensate it for such changed condition.
Insurance: HBI will provide the following insurances within limits as shown.
Comprehensive General Liability: $5,000,000.00
(Combined Single Limit, Bodily Injury and Property Damage)
Automobile Liability: $1,000,000.00
(Combined Single Limit, Bodily Injury and Property Damage)
Workman's Compensation: Statutory
Force Maieure: HBI cannot accept any liability for default or delay in the completion ofthe work when caused by strike, riot,
war, or Act of God or other similar circumstances beyond HBI control.
Limitation of Liability: We will perform the work m a professional manner in cooperation with soils engineer. However, we
cannot accept liability on any further damage to the structure, landscaping, utilities, french drains, septic systems, wells, etc.
and/or any consequential damages that may result from the normal performance of the work. All utilities and other services
left in place shall be located, exposed, and shown to our on site representative prior to commencement of work.
Liability: No liability can be accepted by HBI, nor shall HBI accept as in any way responsibility for defects of any kind
whatsoever arising from a cause which is outside HBI's immediate control or knowledge, or for any fault in the junction
1~1hY WARQ
BAKER
vtrww. havwardbaker.eom
TRUSCOTT REDEVELOPMENT August 13, 2008
ASPEN, CO
Page 7 of 7
between HBI's work and subsequent work carried out by others. This includes potential, undesired foundation movement
and/or settlement due to the un-natural addition of water [o the soils underneath [he proposed buildings from landscaping,
sewer or water pipe leaks etc. HBI also can no[ be liable for structure damage which may result from improper compaction of
the top five feet of soils by Others as mentioned above.
Indemnity: Subject to the terms of the Liability Clause above, and to the correct soil conditions having been provided to us
prior to our work, HBI shall 111SUI'C, indemnify and hold harmless the Owner and their employees from and against all claims,
damages, losses, and expenses, including attorneys fees, but only to the extent of the negligence of HBI, provided that any
such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to the injury to or
destmction oftangible property (other than the work itself) including the loss ofuse resulting therefrom, and only to the extent
such claim is covered under the General Liability Policy of HBI.
S[andazd Constmction Contracts: As an alternate to accepting HBI's proposal as the conttac[ document, HBI considers the
"Standard Form Constmction Contract" as prepazed jointly by AGC, ASA and the ASC, 1994 Edition to be balanced and fair
to all parties. Such contract, with no changes to the standard text thereof, along with this proposal and the specific documents
herein, could form the contract for the work herein proposed. Any other contract form will require our review. Where
incorporated into a contract, this proposal shall supersede all conflicting terms of such a contract.
Accepted by:
HAYWARD
BAI~R
www. havwa rd ba ker. corn