HomeMy WebLinkAboutbocc.con.196.2010---------� _�
CLERK'S CHECK LIST
FOR CONTRACT5 SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 196-2010
ORIGINATING DEPARTMENT/DIVISION: Open Space and Trails
CONTACT PERSON: Lindsey Utter PHONE #: 970.920.5224
PROJECT NAME: Rio Grande Trail Improvements Geotech
❑ BOCC AGENDA ITEM
�STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (per Revised Procurement Code 7/2005)
❑ Over $50,000 (Reynires Counh� Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
�None �Informal �Formal ❑Sole Source ❑Emergency ❑State Bid ❑
�Compliance with House Bills 06-1343 and 07-1073 — lmmigration Form (Under $10,000, Letters of Engagement, e
DOLLAR AMOIIIVT: $2,400 BiTDGI?T LINE ITF.M/L.EDGF.R NUMBF.R: 118.58.02523.86121
✓ CHECK CONTRACT TYPE:
�, Equipment, Supplies
(e.g. revenue)
❑Employment (for county employees)
❑Intergovernmental Agreement (Requires BOCC Action)
❑Non-Profit
❑Quasi-Public
❑Grant Agreements (Kequims [30CC Action)
❑Change Order/Contract Amendment
CONTRACTOR: CTL Thompson COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor)
Contract Execution Date:082310
Automatic Renewal: ❑Yes �No
�
STO�
Contract End Date: 12.15.10
Term of Contrect:
�� All Contracts should be proofed for the following: �
✓ ❑No Pages Missing I b � (/
✓❑If a Page is Lefr Intentionally Blank —Note on Page �
✓ QPage numbered consecutively I
✓ ❑All Signatures Affixed
✓ ❑All Dates Filled In
✓ ❑AII Other Blanks Filled [n
✓ ❑All Exhibits Attached
✓�HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract
✓ �All Legal Descriptions Attached (if applicable)
✓❑Notice of Award/Notice to Proceed Attached (if applicable)
✓ ❑Warranty(ifapplicable)
✓ ❑Special Iustructions for Finance Department:
✓❑Sent to Clerk and Recorder for Scanning/Archiving
✓�Authorized Staff Person's Name: Lindsey Utter
BY CHECKING ABOVE AND F,NTF.RING NAMF., THE AUTHORTZF.D STAFF PERSON INDICATF,S THAT
THE ATTACHF,D llOCUMENT HAS BEEN PI200FF.D AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE.
• • • 4;. .
August 18, 2010
Pitkin County Open Space & Trails
530 East Main Street, 3' Floor
Aspen, CO 87611
Attention: Ms. Lindsey Utter
Recreation Planner
Subject: Proposal for
Geotechnicai Investigation
Woody Creek Trail and Bridge Project
Pitkin County, Colorado
Proposal No. GS 10-228
� CTLITHOMPSON
As requested, we are providing this proposal for a geotechnical investigation for the
proposed Woody Creek Trail and Bridge Project in Pitkin County, Colorado.
Subsurface conditions will likely be silty to clayey gravel with a significant
percentage of boulders and cobbles. Standard exploratory boring drilling techniques would
likely result in shallow refusal and very limited information. We propose to excavate two or
three exploratory pits in accessible areas near the existing trail embankment and the
planned bridge abutrnent locations to investigate subsurface conditions for geotechnical
engineering analysis. The exploratory pits would be excavated to depths between 8 to 10
feet. If conditions are different than anticipated and deep borings are needed we will
discuss this need in our report. Samples of the subsoils will be obtained for laboratory
testing that is pertinent to our geotechnical engineering analysis. Our field and laboratory
data and our geotechnical engineering recommendations will be presented in a design-level
engineering report. A detailed scope of our investigation is presented in Exhibit A.
CTL � Thompson, Inc. will not be responsible for ground disturbance or damage to
underground utilities due to exploratory excavation operations. We will contact UNCC to
provide underground utility locations prior to the start of our field investigation. This
proposal does not include traffic control. The pits will be backfilled immediately after
exploratory excavation operations are completed.
An estimate of our fee is presented on the attached Exhibit B. Our field investigation
services will be provided on a unit rate basis. We estimate fees associated with our field
investigation will be approximately $1,200. Our laboratory testing, engineering analysis, and
report preparation will be provided at a lump sum of $1,200. Therefore, we estimate our total
234 Center Drive � Glenwood Springs, Colorado 81601 � Phone. 970-945-2809 � Fax 970-945-7411 � www.ctlt.com
Proposal
�u.
fee will be about $2,400. Our report can be completed about three weeks after exploratory
excavation operations are completed.
We appreciate the opportunity to submit this proposal. The attached service
agreement is part of this proposal. If acceptable, please sign one copy of the service
agreement and return it for our files. We are looking forward to working with you on this
project. Should you have questions, please cali.
Very Truly Yours
CTL � THOMPSON, INC.
���
Craig A. Burger, P.E.
Project Manager
CAB:cd
PITKIN COUNTY OPEN SPACE & TRAILS
CTL SERVICE AGREEMENT N0. GS 10-228
SWROPOSALS\GS 10 02281GS 10 228 Pr000sal Letler.doc
2
Service � CTLITHOMPSON
Agreement
Parties This Agreement is made this 18'^ day of AUGUST, 2010 between PITKIN COUNTY OPEN SPACE & TRAIL,
530 EAST MAIN STREET, 3ro FLOOR, ASPEN, CO 81611
referred to herein as "ClienY and CTL � Thompson, Inc. referred to herein as "CTL:'
Project
Scope
Fee
By joining in the Agreement, Client retains CTL to provide consulting services in connection with
WOODY CREEK TRAIL AND BRIDGE PROJECT, PITKIN COUNTY, COLORADO
referred to herein as "Project." ClienYs relationship to the Project is that of OWNER
Details of the scope of CTL's services are found in Exhibit A, which is part of this Agreement.
CTL agrees to provide services covered by this Agreement on a Unit Rate basis in accordance with the fees
shown in Exhibit B.
This quotation shall remain available provided that CTL receives ClienYs authorization to proceed within 30 days
of the date of this Agreement.
If Project requirements or the subsurface conditions encountered indicate that the scope of services covered by
this Agreement should be revised, a contract modification or written addendum to this Agreement shall be
entered into to cover the revised scope and fee.
Invoices CTL will submit invoices to Client monthly and a final bill upon completion of services. Invoices will show
charges for different personnel and expense classifications, a lump sum fee or a percentage of completion,
where appropriate. A more detailed separation of charges and back-up data will be provided at ClienPs request.
Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client shall pay
a finance charge of one-and-one half percent (1 1/2 %) per month on past due accounts, plus attomey fees and
costs associated with collection.
Right-of- Client will provide for right-of-entry of CTL and necessary equipment in order to complete the work. While CTL
Entry will take reasonable precautions to minimize damage to the Project property, it is understood by Client that in
the normal course of work some damage may occur, the correction of which is not paA of this Agreement.
Utilities Client shall be responsible for designating the location of all private utility lines and subterranean structures
within the property lines of the Project. CTL will request responsible utilities to locate off-site lines and public on-
site lines when necessary. Client agrees to hold CTL harmless for damage to utilities or subterranean structures
which are not correctly located by Client or the responsible utility.
Samples CTL will retain soil and rock samples for thirty (30) days after submitting the report on those samples.
Construction materials samples collected and tested will be disposed after testing. Further storage or transfer of
samples can be made at ClienYs expense upon written request.
PITKIN COUNTY OPEN SPACE & TRAILS
CTL�T SERVICE AGREEMENT NO. GS 10-228
S'�PROPOSALS\GS 10 0228\GS 10 228 SA.doc
Service Agreement Page 1 of 6
�
Service � CTLITHOMPSON
Agreement
Ownership The reports, boring or test pit logs, field data, field notes, laboratory test data, calculations, estimates and other
of documents prepared by CTL, as instruments of service, shall remain property of CTL.
Documents CTL shall retain pertinent records relating to the services performed for a period of five (5) years following
completion of services hereunder, during which period the records will be made available to Client during
regular business hours.
Job Site Client agrees that, in accordance with generally accepted construction practices, the construction contractor will
be required by Client to assume sole and complete responsibility for job site conditions during the course of
construction of the Project, including safety of persons and property and construction means, methods,
techniques and sequences. Client further agrees to defend, indemnity and hold CTL hartnless from any and all
liability, real or alleged, in connection with the performance of work on this Project, excepting liability arising
directly from the sole negligence of CTL.
Standard of Seroices of CTL under this Agreement will be performed in a manner consistent with that level of care and skill
Care ordinarily exercised by members of the profession currently practicing under similar conditions in the locality of
the Project. No warranty, express or implied, is made or given.
Client recognizes that subsurface conditions may vary from those encountered at the location where borings or
test pits, surveys, or explorations are made by CTL and that the data, interpretations and recommendations of
CTL are based solely on the information available to it. Client recognizes that the performance of soils depends
on variability beyond the control of CTL and therefore, CTL cannot and does not guarantee the performance of
the soils. CTL wiil be responsible for those data, interpretations and recommendations as indicated above, but
shall not be responsible for the interpretation or implementation by others of the information developed.
Limitations Any claim or cause of action between the parties to this Agreement including, but not limited to, claims for
on Claims contribution and indemnity, shall be deemed to have accrued and the applicable Colorado statutes of limitation
and repose shall commence to run no later than the date of substantial completion of the Project from which the
claim or cause of action arises. Substantial completion shall be deemed to occur no later than the date CTL
issues its final invoice for the Project.
In the event of a claim, Client agrees that as its sole and exclusive remedy, any claim, demand or suit shall be
brought against CTL as a corporation only, and not against any of CTL's individual employees, engineers,
agents, officers, directors or shareholders.
The services provided by CTL pursuant to this Agreement are solely for the benefit of C�ient. Neither CTL nor
Client intends to confer a benefit on any other person or entity. To the extent that any other person or entity
benefits by the services provided by CTL, such benefit is purely incidental and such person or entity shall not be
deemed a third party beneficiary of this Agreement.
Client and CTL waive claims against each other for consequential damages arising out of or relating to this
Agreement and the services provided hereunder. This mutual waiver includes, but is not limited to, claims for
losses of use, rent, income, profit, financing, business, and reputation, for delay damages of any sort, for lost
management and labor productivity and for lost opportunity to complete other projects. This waiver extends,
without limitation, to all consequential damages due to either party's tertnination under this Agreement.
PITKIN COUNTY OPEN SPACE & TR41LS Service Agreement Page 2 of 6
CTL�T SERVICE AGREEMENT NO. GS 10-228
S:�PROPOSALS\GS 10 0228\GS 10 228 SA.doc
�
Service � CTLITHOMPSON
Agreement
Limitation CTL's liability for damages to Client due to professional negligence in the performance of services for the Project
of Liability shall be limited to $50,000 or the total fee for the services on the Project, whichever is greater. If this Agreement
provides for the perfortnance of services for muttiple building lots or sites, CTL's liability to Client shall be limited
to an aggregate amount of $50,000 or the total fee for all services under this Agreement, whichever is greater.
Nohvithstanding any other provision in this Agreement, CTL will have no liability to Client or any third parties for
damages resulting from the failure of Client or others to follow CTL's recommendations.
Insurance CTL represents that it and its employees and consultants retained by it are protected by worker's compensation
insurance and that CTL has such coverage under public liability, property damage and professional liability
insurance policies as CTL deems to be adequate. Certificates for all such policies of insurance shall be provided
to Client upon written request. CTL shall in no event be responsible for any loss or damage beyond the
amounts, available limits and conditions of such insurance.
Termination This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial
failure by the other party to perform in accordance with the tertns hereof. Such tertnination shall not be effective
if that substantial failure has been remedied before expiration of the period specified in the written notice. In the
event of tertnination, CTL shall be paid for services performed to the termination notice date plus reasonable
termination expenses.
Hazardous Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or
Materials near the Project site and has informed CTL of any information or findings relative to the possible presence of
such materials. Should unanticipated hazardous materials be discovered in the course of the perfortnance of
services under the Agreement, such discovery shail constitute a changed condition mandating a renegotiation of
the scope of work or termination of services. Should the discovery of unanticipated hazardous materials require
CTL to take immediate measures to protect health and safety, Client agrees to compensate CTL for costs
incidental to taking such measures and for any equipment decontamination or replacement required. CTL
agrees to notify Client promptly when unanticipated hazardous materials or suspected hazardous materials are
encountered. Client agrees to make any disclosure required by law to appropriate govemment agencies.
FuRhermore, Client agrees to defend, indemnify and hold CTL harmless from any and all liability arising from
discovery by anyone of unanticipated hazardous materials or suspected hazardous materials.
Humidity, Unless specifically included in this Agreement, services intended to control humidity, moisture vapor, and mold
Moisture are expressly excluded from the Agreement. Client recognizes that the growth of mold, some of which may be
Vapor & harmful to human health, can be caused or exacerbated by conditions which occur inside or outside habitable
Mold structures. If Client desires to obtain services intended to control humidity, moisture vapor and mold in crawl
spaces or below structurally suppoRed floors, CTL can provide such services. Client may obtain such services
from any source Client deems appropriate. If such services are not expressly undertaken by CTL, however,
Client agrees to indemnify, defend and hold CTL hartnless from any and all claims alleging that CTL caused,
contributed to, or failed to prevent injury and damage related to the occurrence or existence of humidity,
moisture vapor or mold.
Work by In performing services under this Agreement, CTL shall be entitled to rely upon the accuracy and completeness
Others of recommendations made or design services provided by other consultants, and will have no liability for
damages resulting from errors and omissions in the same.
PITKIN COUNTY OPEN SPACE 8 TRAILS Service Agreement Page 3 of 6
CTL�T SERVICE AGREEMENT NO. GS 10-228
S:\PROPOSALS\GS 10 0228\GS 10 228 SA.doc
Service � CTLITHOMPSON
Agreement
Applicable The law of the State of Colorado shall govem the validity of the Agreement, and its interpretation and
Law performance.
Entire This Agreement shall be the entire Agreement and shall supersede any other agreement between Client and
Agreement CTL relating to the subject matter hereof. In case of conflict or inconsistency between this Agreement and any
other contract documents, this Agreement shall control. Nohvithstanding any other provision in this Agreement,
in the event that CTL begins performance of the activities addressed by this Agreement, this Agreement shall be
deemed to be an enforceable agreement between the paRies regardless of whether either party has signed this
Agreement.
Authorization CTL
By
Title
Date
Client
���
Craig A. Burger, P.E. y L �►� U�i�
ProiectManaqer Title �?����"►ON Qi.�tJN�.(L—
Aupust 18, 2010 Date ��U`'rJ 7�7 ��IAI f7
PITKIN COUNTY OPEN SPACE & TRAILS
CTL�T SERVICE AGREEMENT NO. GS 10-228
S:�PROPOSALS\GS 10 0228\GS 10 228 SA.doc
CTLILS
Service Agreement Page 4 of 6
�
Exhibit A
GEOTECHNICAL INVESTIGATION
� CTLITHOMPSON
Excavating two or three exploratory pits in accessible areas near the existing
recreation path and planned bridge abutments. Exploratory pits will be excavated
to depths between 8 and 70 feet.
2. Performing appropriate laboratory testing on typical soil samples obtained from
our exploratory pits to characterize pertinent engineering properties for
geotechnical analysis.
3. Summarizing the results of the field and laboratory investigation and present the
results of our analyses in an engineering report which will include the following
data:
a. A site plan showing the locations of our exploratory pits;
b. Descriptions of existing site conditions and the proposed construction;
c. Graphic logs of our exploratory pits;
d. Laboratory test results in graphic or tabular form;
e. Discussion of foundation support for the proposed construction and
design criteria for the recommended foundation systems;
f. Recommendations for subsurFace and surface drainage; and
g. Discussion of construction criteria for details influenced by the subsoils.
4. Providing one copy and one electronic copy of the report at the conclusion of our
investigation signed by a Professional Engineer registered in the State of Colorado.
PITKIN COUNTY OPEN SPACE & TR41LS
CTL�T SERVICE AGREEMENT NO. GS 10-228
S:�PROPOSALS\GS 10 0228\GS 10 228 SA.doc
CTLI LS
Service Agreement Page 5 of 6
�
Exhibit B - Fee Estimate
GEOTECHNICAL INVESTIGATION
Woody Creek Trail and Bridge Project
Pitkin County, Colorado
ITEM i Field Investigation
Excavation and Sampling
Backhoe
Senior Engineering Tech
$175/hour x 4 hours x 1.15
$85/hour x 5 hours
Subtotal (ITEM I)
ITEM II Laboratory Testing
Approximate Fee
Subtotal (ITEM I1)
ITEM III Analysis and Preparation of Reports
Drafting (Tech III) $65/hour x 2 hours
Project Engineer $100/hour x 7 hours
Principal Engineer $150/hour x 1.5 hours
Subtotal (ITEM III)
SUBTOTAL (ITEMS II AND III)
TOTAL FEE ESTIMATE
� CTLITHOMPSON
$805
425
$1,230
150
$150
$130
$700
225
$7,055
$7,205
$2,435
PITKIN COUNTY OPEN SPACE & TRAILS Service Agreement Page 6 of 6
CTL�T SERVICE AGREEMENT NO. GS 10-228
S��PROPOSALS\GS 10 0228\GS 10 228 SA doc
CTLI LS
� �
---- -- --- -_.--- - -- _..... .__ - _ - - --- _ _ - - - ..... .__ -- - ... ...... _. __.
Under IOK HB#
Comnliance with House Bill Ob-1343 and House Bi110�-l073
A. In compliance with House Bill 06-13A3 and Hause Bill OT-1073 amending Title 8 of the Cotorado Re��ised
Stawtea by du additi� of Article 17,5, Illegal Aliens-Public Contract for Services, euacted by t6e General
Assembl�� of the State of Colorsdo, the Convactor shal! nor.
I. Knowingly emplo�• or contract with an illegal alien to perform work under this contract or;
2. Enter imo a comract with a subcontractor t6ai fails to certify to the Contractor that the
subcontractor shall not knowingty employ or contract with an iliegal alien to perform wock under this contract.
B. In compliance with House Bitl Q6-13A3 and House Bill 07-1073 enacted by the General Assembly of the State
of Cotorado:
l. 7he Contractor has cwnfirmed or attempted to confirm the employmeat eligibitity of all emplo}•ees
who are newly hired for employment in tbe United States thra��gh participation in the Basic Pilot Program [created
in Public Law 208, 104th C�ess, or its successor and eupa�ed in Public I.aw 156, lOS'" Congress, or its
successor, diat is administered by tbe Unit� States Department of Homeland Securiryj and, if the Cantractor is na
accepted icao du Basic Pilot Program prior to entering i�sto this cont�act, t1x Contractor shall appiy W pacticipaie in
the Rasic Pilot Progam every thrce m�ths uMil the Corrcractnr is accepted or this contract has been completed,
Nfiichever is eadier. This provision s6a11 not be required or effective if the Basic Pib[ Prograni is discontinued.
2. 'Ihe Contractor shall be prohibiud from using Basic Pila Program procedures to undertake pre-
amplo}Tnent screeving of job applicants afiile this contract is being perfortned.
3. If the Contractor obtains actual knowledge that a subcontradar perfomung work under this conuact
knowinglY employs or comracts w�th an illegal alien, the Contractor sf�all be required to:
a. Notify the subcontractor and the Cou�y within three days U�at the Comractor has
actual Imow•ledge that the subcontractor is employing or contracting with an illegal aiien;
and
b. Temtipatc the subcontract with We subcontractor if within thtee days of receiving
t6e notice required pursuant to subparagraph (a) of this paragraph (3) the subcontractor
dces nar stc�r employing or contracting with the illegal alieps; except d�at the Contractor
shall not terminate the contract with the subcontcactor if during such thrce days the
subcontractor provides infortnation to ostablish that the subcoMr,tctor has not knowingly
employed or ooatracted with an illegal alien.
4. 77�e Co�acxor shalt canply with any reasonabk request by the Depacu�eent af Labor aod Fanploy�neut
ma� in ihe coutse of an investigation tt�at tlre Depazpnent of Labo� a� Employm�nt is undafaking pursuant to the
authority established in Subsection (S) of C.R S. ¢ S-i7.5-102.
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