HomeMy WebLinkAboutresolution.council.033-07
RESOLUTION NO. ~
Series of 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN AGREEMENT FOR A SLOPE STABILITY CONFIRMATION
STUDY AT THE BASE OF ASPEN MOUNTAIN, BETWEEN THE CITY OF ASPEN
AND YEH AND ASSOCIATES, AND AUTHORIZING THE MAYOR OR CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an Agreement for
Professional Services for a Preliminary Slope Stability Study at the base of Ajax
Mountain, between the City of Aspen and Yeh and Associates, Inc., a true and accurate
copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Agreement for
Professional Services for a Preliminary Slope Stability Study at the base of Ajax
Mountain, between the City of Aspen and Yeh and Associates, Inc., a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the Mayor or 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
A"","" ilio f1' ,,"y of ~. 2007.
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 on the day her inabove stated.
G :\tara\RESOS\slopestudy.eng.doc
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Yeh and Associates, 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 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 September 1, 2008.
3. Pavrnent. 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 $53,000.00 . 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-Assignabilitv. 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.
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
termination.
6. Covenant Against Contingent Fees. The Professional warrants that slhe 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 slhe 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. Indenendent 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
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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 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 hannless the City, its
officers, employees, insurers, and self-insurance pool, from and against liability, claims, and
demands, on account of injury, loss, or damage, including claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, which arise out of this
contract, if such injury, loss, or damage is caused in whole or in part by, the act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, or which arises out of
any workmen's compensation claim of any employee of the Professional.
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 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 the minimum insurance coverages listed below.
All coverages shall be continuously maintained to cover liability, claims, demands, and other
obligations assumed by the Professional. 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 HUNDRED 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.
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(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
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
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 m1ll1mum 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, except professional liability, 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 are 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.
(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 are kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
PSI-971.doc
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City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
II. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, CO 81611
Professional:
Yeh and Associates, Inc.
170 Mel Ray Road
Glenwood Springs, CO 81601
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. IllegalAliens-CRS 8-17.5-101 &24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 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 employing or
contracting with an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly employs or contracts with an illegal alien to
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perform work under the contract. The new laws also require that all contracts for services
include certain specific language as set forth in the statutes. The following terms and
conditions have been designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
are merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional does not knowingly employ or contract with an illegal alien; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that it does not employ illegal aliens.
d. Professional hereby certifies that:
(i) Professional shall not knowingly employ or contract with an illegal alien
to perform work under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
certify to the Professional that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under the Public Contract for
Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any illegal
aliens; 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 ifthe Federal Basic Pilot Program is discontinued.
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(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
an illegal alien, Professional shall:
(I) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor is
employing or contracting 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 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
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of peIjury that the Professional (I) 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 ofCRS 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.
I 7. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
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(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 govemed 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]
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By:
CITY OF ASPEN, COLORADO:
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Title: d-y~" ~~
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ATIESTED BY:
Date:
PROFESSIONAL:
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By:
S"S,OC Ifl7/.:--<) \"vC.
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WITNESSED BY:
Title: 1'1 ( r-.J <... \~
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Date:
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EXHIBIT "A" to Professional Services Agreement
Scope of Work
SEE ATTACHED
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
General Conditions
SEE ATTACHED
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April 6, 2007
Mr. Alex Evonitz
Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Yeh and Associates. Inc.
Consulting Engineers & Scientists I (
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Proposal 2006-P29 1
Revision #3
Subject:
Proposal for a Preliminary Slope Stability Study, City of Aspen Colorado.
Dear Mr. Evonitz:
This letter presents Yeh and Associates, Inc. proposed scope of work and estimated project costs for
conducting a slope stability study at the base of Ajax Mountain.
Proiect Descriotion:
City planning, development and real estate interests are routinely affected by the uncertainties of natural
and man-made impediments to desirable land uses. The client requires a systematic approach to assessing
the potential for geological and geotechnical issues to impact future proposed land development at the
base of Ajax Mountain.
Various documents and events over the past 25 years have suggested that a significant area at the base of
Ajax Mountain may have undergone and may continue to undergo slow movement of part of the slope.
The client wishes to gather additional insight into this subject to facilitate review of future developments
in this area.
We propose a phased approach. Phase 1 (Tasks 1, 2 and 3) would consist of reviewing any existing
documents, maps or reports which exist for the area. It may also be possible to use satellite interferometry
to accurately map any slope movements which have occurred between 1992 and 2000. If this technology
is successful and shows that slope movement has or has not occurred during that time period, the
information can be used to refine any additional efforts.
Scooe of Work: Based on the information provided to us and our understanding of the project, we
propose the following scope of work:
Task 1 - Conduct site visits and review existing information and documentation. Prepare a letter
report which presents our findings from Tasks 1, 2 and 3.
Task 2 -Facilitate use of InSAR remote sensing technology to establish whether ground surface
movement has occurred between 1992 and 2000. The InSAR study will be subcontracted to Tele.
Rilevemento Europa of Italy. The study will consist of two parts. The initial study will identify
whether measurements of ground movement are technically possible for this specific site based on a
study of the available database. Preliminary consultations show a high probability of success with this
site.
Task 3 -The second part of the InSAR study will provide very accurate measurements of ground
movement between 1992 and 2000.
5700 East Evans Avenue. Denver, CO 80222
170 Mel Ray Road. Glenwood Springs. CO 81601
570 Turner Drive. Suite D, Durango. CO 81303
, < 1\
2006-P29l Revision #3 Base of Ajax Slope Study c;:: (. rl l T') II M ~ c(.:: 7<1 L
Fees: The client will be invoiced on a time and materials basis in accordance with the attached Standard
Fee Schedule and General Conditions. Contact services and direct costs (Tasks #2, #3 and #4) will be
charged at cost plus I 0%. We estimate the following approximate costs for the project:
Task #I(research and field)
Task #2(feasibility InSar)
Task #3(full analvsis InSar)
Estimated Phase 1 Subtotal
$ 10,000
$ 10,000
$ 22.000
$ 42,000
Attachment: Fee Schedule (111/07 GWS), General Conditions
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exHIBIT b
11 \<A-z
Effecttve January1, 2007
YEH AND ASSOCIATES, INe.
2007 STANDARD FEE SCHEDULE - GLENWOOD SPRINGS AREA
GLENWOOD SPRINGS IN-BOUSE LABORATORY TESTING
(Additional testing services available upon request)
Natural Density and Moisture Content
Atterberg Limit (ASTM 043 18)
Gradation Analysis (ASTM 0-422)
a. All Standard Sieve to #4 Sieve
b. Less than 1.5" Oown to #200 Sieve
c. Percent Less Than #200 Sieve
d. Hydrometer Analysis,
SI5.00
S65.00
$65.00
S60.00
S30.00
add S65.00
Swell-Consolidstion
a. Loaded to 10,000 psf
b. Per load in Addition to 10,000 psf
Standsrd Proctor Compaction (ASTM 0-698)
Modified Proctor Compaction (ASTM 0-1557)
Water Soluble Sulfate
pH
Concrete Cylinder Test, each
S60.oo
S5.00
SIOO.OO
S110.00
S30.00
S20.00
S20.00
ENGINEERING
(Covers planning and general supervision, field trips, analysis, consultation, preparation of reports, and travel time.)
Principal Engineer or Scientist
Senior Project Engineer or Geologist
Project Engineer or Geologist
StaffEogineer or Geologist
Senior Engineering Technician
Staff Engineering Technician
Administrative Assistant
SI40.00perhour
S110.00 per hour
S85.00 per hour
S75.00 per hour
S70.00 per hour
S62.00 per hour
S52.00 per hour
OUTSIDE SERVICES AND MISCELLANEOUS
Auto or Pickup Mileage
Out-of- Town Living Expenses, Commercial Travel Costs, Vehicle Rental
Contract Drill Rig and Related Equipment, Labor and Materials
Contract Excavation Services and Related Equipment, Labor and Materials0Other Outside Services
Outside Consultant and Engineering Services
Outside Laboratory Services
Interest charged after 30 days from invoice date
S0.50 per mile
Cost + 10%
Cost + 10%
Cost + 10%
Cost + 10%
Cost
Cost
1.5% per month
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GENERAL CONDITIONS
INVOICES
Yeh and Associates, Inc. (Y&A) will submit progress invoices to client monthly and a final bill upon completion of the services.
Invoices will show charges for different personnel and expense dassifications. A more detailed separation of marges and backup
data, such as tlmesheets and invoices, is available. Each invoice is due on presentation and is past-due thirty (30) days from Invoice
date. Client agrees to pay a finance charge of one and one-half percent (1-112%) per month, or the maximum rate allowed by law, on
past-due accounts.
SAMPLES
All samples of soil and rock will be discarded thirty (30) days after report submittal. Upon Client's written request and
authorization, samples will be delivered in accordance with Clienfs instructions, or stored for an agreed charge.
RIGHT .()F-ENTRY
Unless otherwise agreed, Client will furnish right-of-entry for Y&A to make borings. surveys and/or explorations. Y&A will take
reasonable precautions to reduce damage to property. However, it is understood by Client that in the normal course of work, some
damage may ocaJr.
UTIUTIES
Y&A will request responsible utility owners to locate oft-site lines. Client agrees to be solely responsible for designating the
locations of all utility lines and subterranean structures within the property lines of the project. Y&A will not be liable for damage to
subterranean structures (pipes. tanks, conduits, wires, etc.) which are not correctly located on or oft the site.
JOB SITE
Client agrees that the construction contractor will be required by Client to assume sole and complete responsibility for job site
conditions during construction of the project, induding safety of persons and property. Client further agrees to indemnify and hold
Y&A harmless from any and all liability in connection with the performance of work during construction of this project, excepting
liability arising directly from the negligence of Y&A.
REPORTS
Reports, plans and other work prepared by Y&A remain the property of Y&A. Client agrees that all reports and other work
furnished to the Client and his agents not paid for will be returned upon demand, and wilt not be used for licensing, permits, design
and/or construction.
WARRANTY
Y&A agrees in connection with services performed under this Agreement that such services are perfonned with the care and skill
ordinarily exercised by members of the profession practicing under similar conditions at the same time and In the same or similar
locality. No warranty, expressed or implied, is made or intended by rendition of consulting services or by furnishing oral or written
reports of the findings made.
Client recognizes that subsurface conditions beneath the project site may vary from those encountered in borings, surveys or
explorations and that information and recommendations developed by Y&A are based solely on the information available to it. Any
exploration, testing, surveys and analysis associated with the work will be performed by Y&A solely to fulfill the purpose of this
Service Agreement and Y&A is not responsible for interpretation by others of the information developed.
Rlsk Allocation
Y&A's liability for damages due to professional negligence will be limited to a sum not to exceed $50,000 or the fee, whichever
Is greater. In the event that Client does not wish to limit Y&A's professional liability to this sum, Y&A agrees to waive this limitation
upon receiving Clienrs written request prior to the start of Y&A's work on this project. In the event Client requests Y&A to waive this
limitation of liability, Client agrees to pay an additional consideration of five percent (5%) of the total fee, or $200.00, whichever is
greater.
DISPUTES
Should either party hereto bring sun in court to enforce any terms of this Agreement, It is agreed that the prevailing party shall
be entitled to recover his costs, expenses and reasonable attorneys' fees.
Accepted by:
Date:
ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY)
05/18/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
700 Broadway, Suite 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver, CO 80203
303 837-8500 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Hartford Casualty Ins Co
Yeh & Associates, Inc. INSURER B: Hartford Accident & Indemnity
5700 E. Evans INSURER c: XL Specialty Insurance Company
Denver, CO 80222 INSURER 0: Fidelity & Guaranty Underwriters
, INSURER E:
Client#. 29464
YEHASC
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l~.f: TYPE OF INSURANCE POLICY NUMBER Pg~!f~YI~'J~E~ p~~fJ f~'::Jn~~N LIMITS
A ~NERAL LlABIUTY 34SBALR5396 06/03106 06/03/07 EACH OCCURRENCE '1 000 000
X COM M ERCIAL GENERAL LIAS IlrTY FIRE DAMAGE (Any one fire) '1 000 000
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) s10000
- PERSONAL & ADV INJURY .1 000 000
- GENERAL AGGREGATE .2 000 000
n'lAGG~Efil ~IMIT APAS PER: PRODUCTS -COMP/OP AGG .2 000 000
POLICY X I ~~9-;: lOC
D ~TOMOBlLE lIABILITY BA02205495 09/01/06 09/01/07 COMBINED SINGLE LIMIT
r-!- ANY AUTO (Eaaccident) '1,000,000
f- All OWNED AUTOS BODilY INJURY
(Per person) .
f- SCHEDULED AUTOS
e!- HIRED AUTOS BODlL Y INJURY
.
e!- NON-OWNED AUTOS (Per accident)
f- PROPERTY DAMAGE .
(Per accident)
RRAGE LIABILITY AUTO ONLY. EA ACCIDENT .
ANY AUTO OTHER THAN EAACC .
AUTO ONLY: AGG .
EXCESS LIABILITY EACH OCCURRENCE .
~::rOCCUR D CLAIMS MADE AGGREGATE .
.
~ ~EDUCTIBLE .
RETENTION . .
B WORKERS COMPENSATION AND 34WEGKC4665 04119/07 06/03/07 X LWC STATU- I IOJ~
EMPLOYERS' LIABILITY EL EACH ACCIDENT .1,000,000
E.l. DISEASE - EA EMPLOYEE .1,000,000
EL DISEASE. POLICY LIMIT .1,000,000
C OTHER Professional DPR9417644 06/13/06 06/13/07 $1,000,000 per claim
lability $1,000,000 annl aggr.
Claims Made
DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Base of Ajax, Preliminary Slope Stability Study
As required by written contract or written agreement, the Certificate Holder is included as Additional Insured under General
Liability with respect to the referenced.
CERTIFICATE HOLDER I I ADDmONALI\lSURED;INSURERLElTER: CANCELLATION
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Aspen Colorado DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30.....-DAYSWRITTEN
130 South Galena Street NOTlCETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, BUTFAlLURE TODOSOSHALL.
Aspen, CO 81811 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
A~DREPRESENTATlVE
, J.J. ;t. ,f......
ACORD 25-5 (7197)1
of1
#S495521/M492717
SKL
@ ACORD CORPORATION 1988