HomeMy WebLinkAboutresolution.council.035-14 RESOLUTION 35
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING CONTRACT AMENDMENT BETWEEN THE
CITY OF ASPEN AND HEPWORTH-PAWLAK GEOTECHNICAL INC
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract
amendment for geotechnical services between the City of Aspen and Hepworth-
Pawlak Geotechnical Inc, a true and accurate copy of which is attached hereto as
"Exhibit III";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the contract
amendment for geotechnical services between the City of Aspen and Hepworth-
Pawlak Geotechnical Inc, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the City Manager to execute said agreement on
behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 24th day of March 2014.
Steven Skadron, 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 March 24, 2014.
Kat , n S. Koch, City Clerk
EXHIBIT III
March 24, 2014
Amendment No. 7
To the City of Aspen, Standard form of Agreement 2010
Between the City of Aspen and Hepworth-Pawlak Geotechnical Inc
Original contract executed 5/31/12.
Amendment#7 adds scope of work for Burlingame Phase II Buildings 5-7 Geotechnical and
Material testing Services per attached EXHIBIT A letter from Dave Young dated March 6,2014.
These services are on a time and material basis per attached EXHIBIT B 2014 fee schedule
and are estimated to total $66,000.00, including $60,000.00 in fee plus $6,000.00 in
reimbursable expenses.
Original contract and all amended amounts:
Original Contract(4/26/12 initial work) Executed 5/31/12 Miller $ 4,000.00
Amendment 1 (4/19/12 proposal) Executed 5/15/12 Barwick $33,825.00
Amendment 2 (perc testing) Executed 9/4/12 Miller $ 3,500.00
Amendment 3(boulder wall inspection) Executed 10/9/12 Miller $ 2,500.00
Amendment 4(2013 Building 1 -4 work) Executed 3/22/2013 Miller $45,641.00
Amendment 5(Special Inspection site welds) Executed 6/26/2013 Miller $ 2,700.00
Amendment 6(2013 additional schedule) Executed 11/15/2013 Barwick $ 6,500.00
Amendment 7 2014 Building 5-7 work this amendment $66,000.00
AMENDED CONTRACT TOTAL $164,666.00
ACCEPTANCE:
OWNER Geotechnical Engineer
City of Aspen Hepworth-Pawlak Geotechnical Inc
(H-P Geotech)
1
Steve Skad n, Mayor David Young, nior Pr e5tKngineer
Date �� f Tf t Date
EXHIBIT A
L't� J
HEPWORTH-PAWLAK GEOTECHMCAL
March 6, 2014
City of Aspen
Attn: Chris Everson
130 South Galena Street
Aspen, Colorado 81611
(chris.everson ofasi)eii.coin)
---I o �L,)—Cit-y- ----- Job No. 110 165B
Subject: Request for Additional Fees for 2014 Construction Testing and Inspection
Services, Infrastructure, Buildings and Pond 2 for Burlingame Ranch
Phase 11, Aspen, Colorado
Dear Chris:
As discussed with you, Hepworth-Pawlak Geotechnical is requesting additional fees for
observation, testing and inspection services for the 2014 construction of the subject
project. We previously provided proposals for construction observation and materials
testing services dated April 9, 2012 and February 11, 2013 as well as several requests for
additional services.
We expect 12 months construction and estimate fees of$5,000 per month. Accordingly,
we request a fee of$60,000 for the 2014 construction observation and testing services.
If you have any questions or need additional information, contact me.
Sincerely,
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
David A. You P.E.
DAY/Ijg
cc: Rob Taylor (R)h.WVL(T(c 1111,'.Y-1-1).CO 111)
't4; 1
EXHIBIT B
HEPWORTH-PAWLAK GEOTECHNICAL,INC.
Gvlvorte(4i 5020 County Road 154
Glenwood Springs,Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
HEPWORTH-PAWLAK GEOTECHNICAL e-mail: hpgeo @hpgeotech.com
2014
FEE SCHEDULE
GLENWOOD SPRINGS
CONSTRUCTION OBSERVATION AND MATERIALS TESTING
CONSTRUCTION OBSERVATION
Field/Lab Technician-Soils,Concrete,Asphalt,Masonry,Fireproofing................................................................................. $55 to$65/hour
Field Technician-Piers,Piles...................................................................................................................................................$65 to$75/hour
Field Technician—Coring(includes equipment)................................................................................................................................$100/hour
Field Technician—Windsor Probe Testing(includes equipment and probes)....................................................................................$125/hour
Overtime(Over 8 hours per day,Saturday,Sunday and Holidays)............................................................................1.5 x standard hourly rate
ProjectManagement/Review..............................................................................................................................................................$100/hour
Engineer(Staff to Principal Level)..........................................................................................................................................$90 to$1801hour
CAD/Drafting.......................................................................................................................................................................................$75/hour
WordProcessing............................................................................................. ... ........ ...$55/hour
................... ............................. ........................
LABORATORY TESTING
SOILS AGGREGATES
Moisture Content(ASTM ................................$ 10 Coarse Aggregate 3"through#8 Sieve(ASTM C-136)........$60
Moisture and Density(Liner er Sample)...............................20
Atterberg Limits(ASTM D-43 l8)....................................85 Coarse Aggregate Amount Finer#200(ASTM C-117)............40
Swell-Consolidation(Std.3 Points)..................................90 Fine Aggregate(with#200 Sieve)............................................60
Unconfined Compression(ASTM D-2166)......................90 Clay Lumps and Friable Particles(ASTM C-142)
Specific Gravity(ASTM D-854) ,,,,,,90 Coarse or Fine Aggregate...................................................50
Gradation Analysis(ASTM 0-422) .......... (Colorado Procedure 45
Fractured Faces,Coarse Aggregate
..
a.5"through#200 Sieve........................................... . .................................................60
b.#4 through#200 Sieve Specific Gravity,Bulk and Apparent
...eve................................60 a.Coarse ASTM C-127 ...60
c.Percent Less than#200 Sieve................................40
d.Hydrometer Analysis........................................... b.Fine ASTM C-128
90 ( ).....................................................85
............
Gradation,Large Pit Run Samples....................................
55/hour %Salt Content-Sanding Material.............................................75
Standard Proctor Compaction(ASTM D-698)...............110 Sand Equivalent........................................................................75
Modified Proctor Compaction(ASTM D-1557).............120 FIREPROOFING
Hveem Stabilometer'R'Value........................................325 Density STM E-605
ty( )....................................................... $50
ASPHALT Bond Test(ASTM E-736)........................................................60
Oil Content Only(ASTM D-6307)..............................$125
Oil Content/Gradation
(ASTM D-6307 and ASTM D-5444)........................180 OTHER DIRECT CHARGES
Specific Gravity,Bulk Auto or Pickup...............................................................$.70/mile
(ASTM D-1188 and D-2726)......................................30 Out of town living expenses,commercial travel costs,
Maximum Theoretical r
.S ec G. ASTM D-2041 ...........75 equipment rental,freight,etc. ............................Cost+20%
P (ASTM Subconsultant Services/Special Testin
P g....................Cost+20%
CONCRETE—MASONRY-SHOTCRETE
Compression Testing REMARKS
Cylinder or Trimmed Core...................... ..$ 14 Technician rates include nuclear gauge or other typical field
Cylinder or Core with Trimming......................................24 equipment and are charged portal to portal. A 24-hour notice is
requested for scheduling of field service.Minimum 2 hour trip
Lab Cored&Trimmed Specimen.....................................50 charge per day for field engineer or technician may be applied,
Grout Specimen................................................................30
Mortar Cube......................................................................20 Proposals for specific projects available upon request.
Masonry Prism................................................................100
Beam Flexural Strength....................... The prices listed above include up to 3 copies of the report. Late
............................55 fee of$30 or 1.5% whichever is the
Cylinder/Core Unit Weight...............................................20 per month( greater)charged
30 days from invoice date plus collection costs, bank charges
and reasonable attorney's fees.
Trnrts and Conditions On Back
E cctim lanaary 1,2014
TERMS AND CONDITIONS
STANDARD OF CARE: Services performed by HEPWORTH-PAWLAK GEOTECHNICAL,INC.(also referred to as HP GEOTECH)
under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. No warranty,express or implied, is made or intended by the
proposal for consulting services or by furnishing oral or written reports of the findings made. The client recognizes that subsurface
conditions may vary from those encountered at the location where borings,tests or explorations are made by HP GEOTECH and that the
data,interpretations and recommendations of HP GEOTECH are based solely upon the data available to HP GEOTECH. HP GEOTECH
will be responsible for those data,interpretations,and recommendations,but shall not be responsible for the interpretations by others of the
information developed.
LIMITATION OF LIABILITY. The client agrees to limit the liability of HP GEOTECH and its employees, directors, officers and
subconsultants(collectively"HP GEOTECH")to the client,arising from or in any way related to the Project,the Agreement or the services
performed,such that the total aggregate liability of HP GEOTECH to the client shall not exceed the greater of$50,000 or HP GEOTECH's
total fee received for the services rendered on this Project. Client hereby releases HP GEOTECH from any liability above such amount.
This limitation of liability shall apply to any and all claims for relief made or which could be made.
CORPORATE PROTECTION: Client agrees its sole and exclusive remedy, if any, for any claim arising out of the services of HP
GEOTECH shall be against HEPWORTH-PAWLAK GEOTECHNICAL,INC.and not against any individual employees,officers,owners
or directors ofHEPWORTH-PAWLAK GEOTECHNICAL,INC.
SITE ACCESS: Unless otherwise agreed, the client will furnish HP GEOTECH with right-of-access to the site in order to conduct the
planned exploration. While HP GEOTECH will take reasonable precautions to limit damage to the property,it is understood by the client
that in the normal course of services some damage may occur,the restoration of which is not part of this Agreement and shall not be the
obligation of HP GEOTECH. Unless otherwise agreed, the client will secure all necessary approvals, permits, licenses and consents
necessary to the performance of the services hereunder.
UTILITIES: In the performance of its services,HP GEOTECH will take reasonable precautions to avoid damage or injury to subterranean
structures or utilities. The client agrees to hold HP GEOTECH harmless and indemnify HP GEOTECH for any claims,payments or other
liability,including attorney=s fees and costs,incurred by HP GEOTECH for any damages to subterranean structures or utilities which are
not called to HP GEOTECH's attention and correctly shown on the plans furnished to HP GEOTECH.
UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of the owner, the client, or their representative to advise HP
GEOTECH of any known or suspected hazardous substances which may exist on or near any premises upon which services are to be
performed by HP GEOTECH's employees,agents or subcontractors. If HP GEOTECH observes or suspects the existence of unanticipated
hazardous materials during the course of providing services,HP GEOTECH may at its option terminate further services on the project and
notify client of the condition. Services will be resumed only after a renegotiation of scope of services and fees. In the event that such
renegotiation cannot occur to the satisfaction of HP GEOTECH,HP GEOTECH may at its option terminate this contract.
MOLD or OTHER BIOLOGICAL CONTAMINANTS (MOBC): HP GEOTECH's services do not include determining the presence,
prevention or possibility of MOBC developing in the future. If the client is concerned about MOBC,then a professional in this special
field of practice should be consulted.
INVOICES: HP GEOTECH will submit invoices to the client monthly and a final bill upon completion of services. Unless otherwise
noted,fees will be based on the prevailing Fee Schedule in effect when the services are performed. Payment is due upon presentation of
invoice and is past due thirty(30)days from the invoice date. Client agrees to pay a late fee of$30.00 or one and one half percent(12%)
per month(whichever is the greater)on past due accounts including all costs of a collection agency. Client also agrees to pay,in addition to
judgement or settlement sums due, all costs and expenses including court costs, reasonable attorney's fees and staff time computed
according to HP GEOTECH's prevailing Fee Schedule incurred by HP GEOTECH relating to collection procedures on overdue accounts.
OWNERSHIP OF DOCUMENTS: All reports,plans,specifications,computer files,field data,notes and other documents and instruments
prepared by HP GEOTECH as instruments of service shall remain the property of HP GEOTECH. HP GEOTECH shall retain all common
law,statutory and other reserved rights,including the copyright thereto.
SAMPLES: -HP GEOTECH will retain all soil and rock samples that are transported to-HP GEOTECH's laboratories until submission of
the project report. Further storage or transfer of samples can be made at client's expense upon written request.
DISPUTE RESOLUTION: All claims and disputes between HP GEOTECH and client arising out of or in any way related to this
Agreement will be submitted to mediation before and as a condition precedent to other remedies provided by law.
VENUE: If a dispute at law arises related to the services provided under this Agreement then the claim will be brought and tried in a Court
of competent jurisdiction in the county where HP GEOTECH's principal place of business is located.
NO THIRD PARTY BENEFICIARIES: Nothing contained in this agreement shall create a contractual relationship with or a cause of
action in favor of any third party against either HP GEOTECH or client.
TERMINATION: In the event of termination of the Agreement by either party, the client shall within fifteen (15) calendar days of
termination pay HP GEOTECH for all services rendered and all reimbursable costs incurred by HP GEOTECH up to date of termination,in
accordance with the payment provisions of this Agreement.HP GEOTECH shall have no liability to the client and the client agrees to make
no claim for any delay or damage as a result of such termination caused by any breach of this Agreement by the client.
Effective January I,2014