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07-14-2004 CTL_THOMPSON INC PROPOSAL FOR ASSURANCE TESTING SERVICESproposN July 14, 2004 Town of Avon P.O. Box 975 Avon, CO 81620 Attention: Ms. Ann Martens C 7L 17HOMPS®M ~ 0 G1 G O C3 0 0© ~ Q 0 ~ 1 Subject: Proposal for Assurance Testing Services 2004 Street Improvements Avon, Colorado Proposal No. GS-04-181 CTL/Thompson, Inc. is pleased to submit this proposal for Assurance Testing Services for the 2004 Street Improvements in Avon, Colorado. We understand the project consists of an asphalt overlay of approximately 2,500 tons. Based on our conversation with Ms. Ann Martens and our experience with similar projects we anticipate our services will be needed approximately 4 times during the project to perform Assurance Testing. Production quality control will be performed by the paving contractor. Testing will consist of in place nuclear density testing and sampling of hot mix asphalt. Samples of hot mix will be returned to our Glenwood Springs laboratory for testing to determine asphalt content and gradation. We will prepare a report at the conclusion of the project which will compare the contractors production quality control test results with our assurance test results and present our opinion of the acceptability. Assurance Materials Testing. 1. Asphalt Density Testing and Sampling; and 2. Asphalt Cement Content and Gradation. We propose to perform the field and laboratory testing services on a unit rate basis. We have assumed our field technician will be needed on a part-time basis. The assumed amount of time and number of days is based on a conversation with the client. We have provided an itemized list showing anticipated hours and estimated fee. The attached Exhibit I presents our fee on a estimated per visit basis. j i i 234 Center Drive I Glenwood Springs, Colorado 81601 Telephone: 970-945-2809 Fax: 970-945-7411 I i I ~i I _ J Proposal 1~ This estimate is based upon numerous assumptions regarding the scope of testing and project schedule. The actual fees for testing and inspection will likely vary from the estimate. The total actual fee is influenced by several factors; including contractors efficiency, scheduling and rate of progress, necessity of retesting unsatisfactory work, weather conditions, frequency of testing or sampling requested. The attached general conditions are part of this proposal. It this proposal is satisfactory please sign one copy and return it for our file. We appreciate the opportunity to provide this proposal. We hope the estimated fees are of value to you in the management of this project. Please call if you have questions. Very truly yours, CTL THOMPSON, INC. Dan Downing Laboratory/Field Manager DD:cd Agreed to this I-' day of~) 2004 azz ~r\ C1 ~b V~N Oig✓~ization By: Authorized Signature Title TOWN OF AVON CTUT PROPOSAL NO. GS-04-181 2 I L_ A rk F Proposal IF EXHIBIT I FEE ESTIMATE ASSURANCE TESTING SERVICES 2004 Street Improvements Avon, Colorado Assurance Materials Testing - Unit Rate Basis `r A. Compaction Testing and Sampling of Asphalt y ' Assume: Part-time testing, 4 hours per day, 4 days Engineering Tech III 4 hours/day x $60/hour Nuclear Gauge No Charge Vehicle No Charge Estimated Daily Cost Required Laboratory Testing Asphalt Content by Ignition Oven $120/each x 4 tests Gradation $45/each x 4 tests i Subtotal Report Preparation 4 hours x $65/hour ESTIMATED TOTAL FEE: (4 days x $240) + $660 + $260 = $240 -0- -0- $240 $480 180 $660 $260 $1,880 TOWN OF AVON 3 CTLIT PROPOSAL NO. GS-04-181 GenersJ CandMans CTLITIiOMPSOIV Invoices CTL I Thompson, Inc. (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 Client's request. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge of one-and-one half percent (1 1\2 per month on past due accounts. Right-of-Entry Client will provide for right of entry of CTL and necessary equipment in order to complete the work. While CTL will take reasonable precautions to minimize any damage to the Property, it is understood by Client that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. Utilities Client shall be responsible for designating the location of all utility lines and subterranean structures within the property lines of the Project. CTL will request responsible utilities to locate off-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 30 days after submitting the report on those samples. Further storage or transfer of samples can be made at Client's expense upon written request. Ownership of The reports, boring or test pit logs, field data, field notes, laboratory test data, calculations, estimates and other Documents documents prepared by CTL, as instruments of service, shall remain property of CTL. CTL will retain pertinent records relating to the services performed for a period of 5 years following completion of services hereunder, during which period the records will be made available to Client during regular business hours. Standard of Care Services of CTL under this Agreement will be performed 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 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. CTL will be responsible for those data, interpretations and recommendations as indicated above, but shall not be responsible for the interpretation by others of the information developed. 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, indemnify and hold CTL harmless from any and all liability, real or alleged, in connection with the performance of work on this Project, excepting liability arising directly from the negligence of CTL. Limitation of Liability CTL' s liability for damages to Client due to professional negligence in the performance of services for the project shall be limited to $50,000 or the total fee for the services on the project, whichever is greater. If the Service Agreement, proposal or contract to which these General Conditions are attached provides for the performance of services for multiple building lots or sites, CTL's liability to Client shall be limited to an aggregate amount of $50,000 for all services under such Service Agreement, proposal or contract. The limitation in this paragraph shall apply to CTL, its officers, directors, shareholders, agents and employees In the event that Client does not wish to limit CTL's professional liability to $50,000, CTL agrees to increase this limitation to $300,000 upon written notice from Client, and Client agrees to pay an additional consideration of 4% of the total fee for the increase of the liability limit. Page 1 of 2 General CTLITHOMPSON Conditions 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, 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 terms hereof. Such termination 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 termination, CTL shall be paid for services performed to the termination notice date plus reasonable termination expenses. Hazardous Materials Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or 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 performance of services under the Agreement such discovery shall 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 incident 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 government agencies. . . aQ ~C~V~va~ watffftlfal ~YO 11 Our 51 Humidity, Moisture Unless specifically included in the Service Agreement, Proposal or Contract to which these General Conditions are Vapor & Mold attached, services intended to control humidity, moisture vapor and mold are expressly excluded from the Agreement. Client recognizes that the growth of mold, some of which may be harmful to human health, can be caused or exacerbated by conditions which occur inside or outside habitable structures. If Client desires to obtain services intended to control humidity, moisture vapor and mold in crawlspaces or below structural 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 harmless 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. Applicable Lawn The law of the State of Colorado shall govern the validity of this Agreement, including these General Conditions, and its interpretation and performance. Entire Agreement These General Conditions shall be used in combination with a Service Agreement. a proposal, or a contract. These combined documents shall be the entire Agreement and shall supercede any other agreement between Client and CTL relating to the subject matter thereof. In case of a conflict or inconsistency between these General Conditions and any other contract documents, these General Conditions shall control. Page 2 of 2