HomeMy WebLinkAboutresolution.council.086-08RESOLUTION # Gov
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO AND STANTON ENGINEERING SERVICES, INC.
SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE
RADON REMEDIATION OF SIX CITY OWNED BUILDINGS 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 Stanton Engineering Services, Inc., 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 I
That the Ciry Council of the Ciry of Aspen hereby approves that contract
between the City of Aspen, Colorado and Stanton Engineering Services, Inc.
regarding radon remediation, 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 Ciry of Aspen.
Dated: 7 ~
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;" .e~~~ ~ ~~
I~th'ryn S. Koch, City Clerk `~'`L~
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Stanton Engineering Solutions, Inc, ("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 caze and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreement shall be
com leted no later than November 10 2008. 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 $40,174 plus the cost of a specialty permit, mechanical permit and business license.
Professional shall submit, in timely fashion, invoices for work performed. The City shall review
such invoices and, if they aze considered incorrect or untimely, the City shall review the matter with
Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this 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 may be 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
PS1-971.doc Page 1
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 Iiability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
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 resulting from the award or making of this contract.
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, aze 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 toss 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
PS 1-971.doc Page 2
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional`s Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(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 FIVE Hi INDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) 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 ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($],000,000.00) each occurrence and ONE MILLION DOLLARS ($1,OOQ00-
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
PS1-971.doc Page 3
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 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 contract, 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 (CIRSA) 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.
PS1-971.doc Page 4
Ciry 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. Comnleteness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or
written representations, agreements, wazranties 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 to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City: Professional:
City Manager Eric Goazd
City of Aspen Stanton Engineering Solutions, Inc.
130 South Galena Street 1302 Crazy Horse Circle
Aspen, Colorado 81611 Edwazds, CO 81632
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, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. 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 ]aws 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 tkat
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 confinning 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.
PS 1-971.doc Page 6
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(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 Ciry 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
PS1-971.doc Page 7
damages to the City of Aspen azising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. General Teens.
(a) It is agreed that neither this agreement nor any of its teens, 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 aclrnowledge 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]
PSI-971.doc Page 8
EXHIBIT "A" to Professional Services Agreement
Scope of Work
The followine pertains to all the aroiects
Proposal: Stanton Engineering Solutions, Inc. "SES" will warranty* the radon levels to be 3.9
pCi/1 or 0.04 WL or less for the life of the building. SES will provide the labor and materials
necessary to install a radon mitigation system. As necessary, crawl spaces will be sealed with
cross-laminated polyethylene sheeting and glued to the foundation with construction adhesive.
Where possible the perimeter will be sealed with polyurethane. SES uses only the highest quality
fans and materials including schedule 40 PVC pipe. SES paints the exterior portion of the system
to match the building. SES provides a radon test kit with each system. SES provides the
instructions to run the test, but we do not do the testing. After you run the test and send it to the
independent NEHA testing company, the results will be sent directly to you. This avoids any
conflict of interest. Checking the system and retesting are the responsibility of the homeowner.
Warranty*: This warranty is valid after full payment is received. If you run two short-term tests
or one long term test that exceed 3.9 pCi/1, SES will perform the labor and materials to fix the
system for the life of building. This warranty is attached to the property and transfers to any new
property owners. The fan is covered under the manufacturer's warranty. SES's liability is limited
to the amount paid to SES. Please see our Limited Lifetime Warranty Policy for more details.
Installation of these systems shall at a minimum conform to EPA 402-R-93-078 Radon
Mitigation Standazds, dated October 1993. Professional shall apply and receive all required local
permits for installation of this system, including but not limited to city business license, specialty
permit, and NEHA certification.
Contractor shall abide by city noise law requirements and shall construction a sound suppression
barrier to reduce sound levels from coring operations.
Location Specific Details
Ice Garden, Red Brick Gym & Golf Club House: These jobs will take one day each. Work
will be done during the work week and during the. day between the hours of 9 am and 5 pm, with
setup allowed beginning at 7 am. There will be some noise associated with this job (mostly
during coring), but contractor will work azound scheduled meetings that cannot be changed. The
loudest noise during the coring is expected to take less than three hours.
PS1-971.doc Page 10
Stanton Engineering Solutions, Inc.
Your Radon Solution!
1302 Crazy Horse Cir.
Edwards, CO 81632
E-mail
srantovcng/awehoo.com
Phone # Fax #
866-471-0"707 (970)569-385R
NEHA NRPP ID's
103613RT, 103680RMT
103701R[vTT
Proposal for ,Radon Abatement
Date Proposal#
4/2/2008 2456
Contact Information gtldress of Miigation
en
L
C
ee
as
Customer Phone Lce Cassin
City OfASpen
lee Cardin
Rn Level
4.6 Customer E-mail
leec!a?ci-aspeu.co.us
Terms antl Condihons Cost Total
Radon mitigation with limitzd lifetime warmrtty" . 1,916.00 1,916 OD
Core slab s office behind rental area mwmds front otbuilding and fan will be located m mof to avoid visibility'.
Perimeter seal as possible.
ProposaC Stanton Engineering Solutions, Snz. "SES" wdll warr¢n[}'" the radon levels to be 3.9 pCiA or 0.04 WL
or less for dte life of the bNlding. SES will provide the labor and materials necessan'to install a radon
mitigation system. As rrecessarv', crawl spaces will be sealed with cross-laminated polyzthylene sheeting and
glued to the foundation with constmction adhesive. Where possible the perimeter will be sealed with
pokwedmne. SES uses only the highest quality fans and materials including schedule 40 PVC pipe. SES
pints the exterior portion of the sysem N match the building.
SES provides a radon test kit witk~ rich system. SES prm'ides dse instructions to nut the test, but we do not do
the testing. After you n[n the test and send it m the independent NE(-IA testing company, the re-ults will be
sent directly to you. 'Phis' avoids any coMict oC interest. Checking the system ^nd mteriing are the
responsibility o(the homeowrter_
Payment is required the day the radon mifigation sysem is installed. Alternative payment plans may be
made in advance. If psvment is no[ received [he day the svstem is insmlkd [he price shall increase by S9a
dollars. In addition there may be s 2 % monthly interest charge and mllectivn fees.
W armntv': This warranty is valid alter full payment is [eceived. If you ran two short-term tests or one long
term tell that exceed 3.9 pCi/I, SES n'ill perform the labor end materials to fis the s~stem for the life of
building. This warrant)' is attached to the property and lrausfe[s to any new properly ow~tas. The fan is wu'ered
under ihz manufactwer's u'amanh'. SES's liability is Ihnited to dte amown paid to SES. Please see ow Limited
Lifetime W anarLLy Police (or more derails. "Ihis proposal is' valid for 90 days.
W-e lwk forward to hzaring from you. ]f you would like [o contract u~th SES or have gwstions please contact
us.
Total s,,916.00
Eric Gourd
To contract with SES si{,m and return:
PS1-971.doc Page 11
V~~
Stanton Engineering Salutitms, Inc.
Ywr Radon Solution
7302 Crary Hotse Cir.
Edw acds, CO 81632
E-mail
riertonen~yahoo.com
~ Phone # ~ Fax # ~
8fi6-471-4707 I (970)5fi9-3858
IVEI-IA NRPEe ID's
]03613RT, 103680RMT
103701RMT
Proposa- for Radon Abatement
Date Proposal#
7A IROD8 2503
Contact Info rmation gddress of Mitigation
L
C
i
ee
us
n
Customer Phone Aspen City
Lee Cassias
(070)920-5075 GYM Red Huck Building
Rn. Level (pCiiL) Aaprn CO 81611
Customer E-mail
Lee.C essir~ci espen.co is
Terms and Conditions Cost Total
Rednnmitignlion with]imitedlifeame warar6y". Coxe sl ab inmeds re4.room and take pipe lowerds back left 4,,128.00 4,128 U0
comer d' bulding end inriell far rhea end vp above roafline.
Propasat Stentar Enpneering Solutions, Inc.'SES" will wenmty* th radon levels to be 3 9 pCi/1 or 0.04 WL
lessfm the life ri'the building. SES mill provide the labs end mnteriels necessaryte install nrndon
mitt genon ystem. Asnecessay, crawl spaces wilt be sealed with erosslamivnted polyethylene sheehng and
~uedto thefomdeurmwith covstnscfian adhesive. Where posulale the perimeter will be sealedwith
p~lyurethene. SES uses only the highest quakD) farss end m ateuels irclwling scheAile 40 PV C pipe. SE5
pairds the exterior portion of the syriem to m rich the h+slding
SES provides a radon teri kit with each system. SES providesihe imRructions to run die test, but we do not do
the testing Afterywr~m the teri and send itW the indeprndentNEHA testing cvnpeny, the resdlswdl be
sera direcdyto you Thisewids arty cm~dia of irderesL Checking the syskm and retesting aethe
mspcnulality of Lhe hmeeowna.
Paymentcmgarired the day the radon mhigatian ryskm is htshlled. AhermWepayment plans may be
made m advanm. Ifpaymenl s not eecened the day the syriem is instilled the p rte dull iumsse by $9a
dollars. Inaddtlin fluor may be a 24b monthly interest chan*e aaW collection fees.
Wenar6y": This wararEy is valid aRa full peymeri is received. If you run two shoxLtam tens or one long
kzm test that ex ceed 3.9 pCi/l, 5E5 will pex£em the lebaz and mateziels to fiz LLae system for the life of
building. Tkis wenareyis attached to tYx property end kaz C'ezs to enynew Faopaty awnees. The fan is covered
under the mexasfacturei s wamenty SES's liabilityistimited to the emourd paid to SE5. Please see our Limited
Lifetime Wazrazdy Policy for m ore details. This W oposal is valid fox 90 days.
We look forward to heating from you. If you wo~ild like to corLSact with SES a have questions please cotYact
Total s4,lza.Do
Eric Gaaid To cmthaR with SES sign and rRsn'n:
PS1-971.doc Page 12
Stanton Engineering Solutions, inc.
Your Radon Solufion!
1302 Crazy Horse Cir.
Edwazds, CO 81632
E-mail
stantoneng/a?'ahoo win
Phone # Fax #
866-4711707 (970)569-3858
NEHA NRPP ID's
103613RT, 103680RMT
103701RMT
Proposal for Radon Abatement
Date Proposal fk
4/22008 2414
Contact Information gdtlress of Mdigation
Lee Cassm
Customer Phone Lee Cassm
Cin'OCAsprn.
(lolf Club Hotwe
Rn. Level
6'9 Customer E-mail
lees^aci.aspen.co us
Terms and Conditions Cost Total
Radon mitigation with lhnited lifetime warranty` . Seal Cmwl Space wiN VD10, V13-70 mil. Vapor Blockrst a 4,198.00 4,19800
high performance vapor rctazder. Tiffs product is made from polyethylene resins tktat far exceed ASTM E-1741,
Class A, A, and C requiremrnis.
System will be installed on south side of building (rcslaumnt storage area).
Perimeter seal as passible wiN ovc pad pol}vrelhane caulking otbasement slab.
PropusaC. Stanton Engineering Solutions', Ina "SES" will wartan[y' Ne radon levds'to be 3.9 pCi/l or 0 (14 WZ.
or less for the Gfe o] the building. SES will provide the labor and materials neccssary'to install a radon
mitigation system. As necessan, crawl spaces will be soled w'itk~ cross-laminated poh'ethylrne sheeting and
glued to the foundatimr with consWClion adhesive. Where possible the perimeter will be sealed with
polyureduvte- SF.S rises oNy the highest quality Cans and materials including scfiedule 40 P VC pipe. SES
paints the exterior portion of fhe system m match the building.
SES pmvides a radon test kit with each system. SES prorides the urstructions to rim the test, but we do not do
Ore telling. After you run the test and send it m the indepeirdrnt NEHA testing company, the results will be
srnl directly to you. 77tis avoids an) conflict of interest. Checking the system and retesting are the
responsibility of the hommwner.
Payment is required the day the radon mitigation system is ivatalled. Alternative payment plans may be
made in advancr. if pn}'men[ is nu[ received the day [he system is im[elkd [he price shall increase by SYU
dollars. In addition there may be a 2 % movthly interest charge and collection fees.
W amtnty`'. This warranty is valid after full payment is received. If you inn two short-term le,ta or one long
term tell Utet exceed ? 9 pCi/L SES will peribnn the labor end materials to fix the system Cor the lire of
building. Phis wananly is attacfi~d to the properh' and transfers to any new propem owners. The fan is covered
uvder ffie manufacturer s w'atrann'. SES's liability is limited to the amount paid to SES. Please see our Limited
Lifetime W armnty Policy for more details. This proposal is valid for 90 dacs.
We look forward to heazing from 7ou. Ityou world hkc [o contract wtillt SP.S or fiave questions plwse contact
us
Total $4,198.00
Eric Goard
To mntraM with SES sign and velum:
Rio Grande Building: This job will take two days or two nights. Work will be done during the
PS1-971.doc Page 13
work week and during the day or night hours still to be determined by the City and the
Professional based on the restaurant's hours. There will be some noise associated with this job
(mostly during coring). The loudest noise during the coring is expected to take less than three
hours.
PS]-971.doc Page 14
-;J- -L~
Stanton Engineering Solutions, Inc.
Your Radon Solution!
1302 Crary Horse Cir
Edwazds, CO 81632
I E-mail I
sramm~engrnahoo.com
Phone # Fax #
R66-477-0707 ~ (970)569-3858
NEAR NRPP ID's
103701RMT
Proposal for Radon Abatement
Date Proposal#
4/2/200R 2453
Contact information gddress of Miti
ation
Lee Cass'in g
hce Cassiv
Customer Phone City Otgspm
Rio Grande Building.
Rn Level
10 Customer E-mail
leec~ci.aspeaco us
Terms antl Conditions Cost Total
Radon mirigation with lunited lifetime warnmty . 6,45200 6,452 00
Seal Crawl Space with VBIq VB-10 rrul. Vapor AlockrM a high pedonnance vapor retarder. 11tis product is
made Crom polyefiyiene resins that far exceed gSIM E-1745, Class A, )3, and C requirnnents.
System wdl be run into mahanical room and towards eas meters area, up above roof line. souOt west comer n(
building.
Proposal: Rtanlon Engineering Solutio¢s, Ina "SF,S° will warranry~• the radon levels to be 3.9 pCiA or 0.(14 WI.
m less for the lift of Ore bnddmg. SES wjll provide the labor and materials necessary'to install a radon
mitigation system. As necessary, crawl spaces will be sc0lad with cross-laminated polyethylene sheeting and
glued ro the foundation with conshuction adltesire. Where possible the perimeter will be sealed with
pol}'wethane. SES uses oNy Ne higitesl quality fans and materials including schedule 40 PVC pipe SES
paints the exterior portion of the system ro match the building.
SES provides a radon lest kit with each system. SES provides the utsWaions to run the test, but we do not do
the testing. After you run the lest mtd seud it [o the independent NEliA testing compmty, the results will be
sent directly to you. "this avoids ant conflict of interest Checking the system and retesting are Ote
responsibility ¢Fthe homeowner.
Payment is required the day the radon mitigation s}stem is installed. Alternative payment plans map be
made iv advance. If payment is nm received [he Jay the system is insmlled the price shall increase by 590
dollars. In addition there ma}' ben 2 % monthly interest charge and collection fees.
I1%armnly''. This' warranty is valid'a0er Cull pa}'mrnt is received. If you run hcet short-term Lasts or one long
tcnn test that exceed 3.9 pCiA, SES will peAbrm the Tabor and matmals In Gx the sesfcm for the life of
buildine. This w'amanty is mach d Io the pmpem' and transfers to any new pmpem ownrns. The fan is wvered
under the mmtufnetwer's wananTy. RES's liability is limited to the am own paid to SES. Ylease see our Limited
Lifetime WertanN Policy for more details. 'This proposal is valid for 90 days.
W e look foMnrd to hearing Gom you. If you would like to contract u'i01 SF.S or have questions plevse contact
us.
Total
~,45z.oo
Eric Goard To contract with SES sign and return:
PS1-971.doc Page 15
Red Brick Building: This job will take one week or two consecutive weekends. Work will be
done during either the day or night hours still to be determined by the City and the Building
Manager of the Red Brick. There will be some noise associated with this job (mostly during
coring). The loudest noise during the coring is expected to take less than three hours.
PS1-971.doc Page 16
Stanton Engineering Solutions, Inc
Your Radon Solution!
1302 Crazy Horse Cir.
Edwards, CO 81632
E-mail
stanma®gra~r'ehoo.com
Phone# Fax#
666-471-0707 ~ (970)569-3856
NEnA NRPP ID's
1036liRT, 103680RMT
103701RMT
Proposal for Radon Abatement
Dale Proposal#
arzrztws zest
Contact Information Address of Mdigation
e Casnn
L
e
Customer Phone Lee Cassm
City OlAspm
Red Brick Building
Rn. Level
23.4 Customer E-mail
leec/akiaspeaco.us
Terms and Condition; Cost Total
Radon mitigationwith limited lifetime v.'mmuTy". $ral Crawl Space ndth VB6, VB-6 miL Valwr BlockTS'e 1i,216.OD 1i~16.00
high pertormeuce vapor rerarder. This pmductis made form polyethy]me resins that far exrzed ASTMS-1745,
Class.A, B, aid C requvvnents.
The estimate includes srslmg all the mewl space area and comet[ all craw] spaces infernally.
Sysiem will be located toxards comer of east Francis street. (see Ikawingj
I'mposal: Stanton Engateeriug Solutions, Inc. "SES" w411 warmntyF the radon levels fo be 3.9 pCi/l or 0.04 VJI.
m less for the life of the building. SES will provide fhe labor and materialsnerzssazy to install a mdan
mitigadm sysl®. As cecessary, maul spaces wdl tie sealedw~ffi cross-laminated polyethYleu sheeting ®d
glued m the foundation with constriction adhesive. Whereposssble the perimeter atilt be sealed with
polymetliane. SES uses only the lrighesl quelib tans end materials including schedule 40 PVC pipe. SE8
paints the anterior portion of the sYSlem m mafcti the buildhrg.
SES prottdes a radon test kit wdtheach s}•stem. SES provides the instructions to run the test, but we do not do
the testing. ARet youtun the test and send it m the mdependentNEELA feshng comp®y, me rGtvlLC will be
sent direcd}'to you. This avoids any cordlict of interest Checking the system and retesting ere the
respousibilityofthe lromeouaur.
Paymawt is required the day the radon mitigation nrsmm is fusfsaed. Almiah[ive pa}'mint plans may be
made is advance. if payment is not re¢ked the day the s}•stem is insmlkd the prim shall increase by S9a
dollars. In addition then may be a 2 % monMly interest charge and mBection feet
W mrantp`: Phis wtutmrry is valid alter full payment is rec¢ved I[you rue Nro short-term tests or one ]rmg
tee test that excced 3.9 pCi/1, SES will perform the labor and materiels to fix the s}rskm fm the life of
boilding. This warranty is attached N Ne property ®d lmnsfms m ea}' new pmpaty naves The fan is covered
under themanufachuer's wananTy. SES's liability is limited m flu amomt paid m SES. Please sec om Limha3
Lifetime Wmmnty Policy for more derails. This proposal is vahd for 90 days,
We look forward to herring born you If you would likre to contract with SES or have questions pleaucontnct
us.
Total s]>,z16.oo
Eric Goard To contract srifh SES sign and return:
PSl-97Ldoc Page 17
Water Plant East: This job will take two days. Work will be done during the day between the
hours of 9 am and 5 pm, with setup allowed beginning at 7 am. There will be some noise
associated with this job (mostly during coring), but contractor will work around scheduled
meetings that cannot be changed. The loudest noise during the coring is expected to take less
than three hours.
PS1-971.doc Page 18
~~i7
Stamm Engineering Snlutims, Inc.
Y trur Radm Solution!
7 302 Crary Norse Cir.
Edwards, CO 81632
E-mail
sterd~m~yahoo.crmr
~ Phone # ~ Fax # ~
866471-4707 I (970)569-3858
NEI-IA NRPP ID's
103613RT, 1036801WiT
103701RIVlT
Proposal for Radon Abatement
Date Proposal#
8rz1R008 2523
Contact Information Address of Miti
ation
JameCe LVtikamb g
Cit
of As
m (W rater Ptert Eac9
Customer Phone y
p
Jaznene Wktcomb
970-920-5069 Aspen, CO 81611
Rn. Level (pCi~t)
51 Cusromer E-mail
] erne tk. W hitcomb~ ci. aspen. c o. us
Terms and Conditions Cost Total
Radcmmi6 gallon with limikdldetrme warrazdy*. 4,624.00 Q6Z400
Core stab in basemen azea Qocation to be driecmivak tri' Waier PlentMg.) end run pipe to cutsde (easlside of
luilding)and irutdl fan there about roof Sne
Proposal: Stmton Engineering Sotutrorn Inc.'SES" will weneaty* Llae radon ]evets la be 3 9 pCiA or 0 04 WL
mlessfm the life c6 the building. SES wil]provide the lobar end makrielsnecessecyte install nradon
mitigation rys[em. Asnecessm'y, crawl spaces will be sealed with erosslemimted pelyetlylene sheeting and
~juetlto thefo~rdati®with covstructioneMesrve. Where possible the perimekr wID be sealed with
polytxetharie. SES uses only the higheri quslitrf forts end m riedais irxluiirg schedde 40 PVC pipe: SFS
pairES the exterior porkan of ttse system m m rich the budding
SES p¢wides n radcn test kit witty each system. SES provides the inslnutrons to run ttae test, but we do not do
Ore testing After you run the ten Md send itb the irulependezd NEHA testing cvnpazry, the results wdl be
lard. directly W you This awids any confliR of irEe[est Checking the syskm end retelling ace the
respmsfdtity rd the homecwna.
Payments ngatrvd the day the nda•mHgaiisn ryskm is vrshaed. Aaernativepaymmiphms may Ae
made madvana. [[payment is not mceved the day the system muntal7ed thepthe slrallincaaseby $90
dollars. In additbn then may be a 29b monthly inknsl clutge and cvlle4isn fees.
Warrardy*. Thiswmrerdyis adid efts fWl paymerd is received. If you [vn two skmtYterm tests ec one laag
term test flat ex ceetl 3.9 pCid, SE$ will pezFoem the labor and matessals to fix the system For the life of
boil ding Tlss wanardyis adachedto theta openly end trarisfersb mynew raopeetg owners. The fanis covered
under the marufnctwei swenanty SES's habilityis limited to the amount peitl to SES. Plensb see ow Limited
Lifetime Wnrrerdy Policy for m ore details. This proposal is valid for 90 days.
W< look forward to hearing from you. If you would like to cordxact with 5ES ar have questions pleesa coffiaR
us.
Tots)
$4,62400
Eric Cbard To cmttra4 with SES spy and nature:
PSI-971.doc Page 19
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
Each project will be scheduled between September 9`h and November 10`h bamng weather. The
City agrees to provide a 20% deposit per project and will pay this deposit within the week prior
to each scheduled project. The balance of the invoice will be paid within 30 days of receipt of
the project invoice.
The following are current bid estimates for each project as outlined in the scope of work. The
City agrees to an adjustment up to $1000 based on night work or weekend work due to
scheduline conflicts with tenants:
Pro'ect v Estimate Ad'ustment Total
Red Brick G m $4128 $4128
Red Brick
Building $15,216 $1000 $16,216
East Water Plant $4264 $1000 $5264
Rio Grande
Buildin $6452 $1000 $7452
Ice Gazden Skate
Sho $1916 $1916
Golf Club House $4198 $1000 $5198
Sub-Total $36,174 $4000
Pro'ect Total $40,174
PS1-971.doc Page 20