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HomeMy WebLinkAboutC11-093 HP Geotech Professional Services HEPWORTH - PAWLAK GEOTECHNICAL, INC. �� 1+ o Glenwood Springs, County Road 6 04 rings, Colorado 81601 Phone: 970- 945 -7988 Fax: 970 -945 -8454 E -mail: hpaeo(hpueotech.com PROFESSIONAL SERVICES AGREEMENT March 31, 2011 Job No. 111 057A Eagle County Attn: Diane H. Mauriello Phone: (970) 328 -8586 Assistant County Attorney P.O. Box 850 Eagle, Colorado 81631 Diane.Mauriello@eaglecounty.us Project: Phase I Environmental Site Assessment, East Lake Creek Ranch, LLP, A Colorado Limited Liability Partnership, SEC 8 TSS R82 W: NE /4SW /4; NW /4 SE /4 Edwards, Eagle County, Colorado, 81632 Professional Services Hepworth - Pawlak Geotechnical, Inc. (H -P GEOTECH) agrees to perform the services outlined below. The CLIENT may subsequently amend the scope of services with the concurrence of H -P GEOTECH. Services provided by H -P GEOTECH will be consistent with the engineering standards prevailing at the time and in the area that the services are performed; no warranty, express or implied, is intended. CLIENT is responsible to provide the information known to be existing regarding the project as it applies to the execution of H -P GEOTECH's services. Please note the attached Terms and Conditions are a part of this Agreement and contain a Professional of Liability Coverage clause. Scope of Services Phase I Environmental Site Assessment: We will perform a Phase I to identity, to the extent feasible pursuant to the scope of services described below, recognized environmental conditions in connection with the property. The Phase I will consist of the following four components: • Records Review • Site Reconnaissance • Interviews • Report We will perform the following scope of work in accordance with the (2005) ASTM E 1527 -05 Phase I Standard. We will conduct a site visit to observe the property and adjacent land for current use and indications of potential soil and water contamination. Review the history of the site, using reasonably ascertainable property records, historical property maps, directories and other information. We will review a historical chain of title dating back to 1940 or the earliest developed use, if supplied by the client, for the project site to identify previous owners and uses of the property. Review commercially available aerial photographs for visual information on the historic development and usage of the site and adjacent property. Review reasonably ascertainable records from federal, state and local agencies to evaluate the compliance with regulations concerning the generation, storage, treatment and disposal of hazardous materials or wastes at the site and adjacent properties. Records of spills, disposal activities Ct Lab Eagle County March 31, 2011 Page 2 and permit violations which could result in site contamination will be researched. Testing of soil and groundwater is not included. We will prepare a report which summarizes the data obtained and present conclusions about whether or not Recognized Environmental Conditions or De- minimis conditions may exist at the project site. The findings may include recommendations for further evaluation. Copies of relevant documents obtained during the study will be included in the report. Our scope of services does not include an assessment of asbestos, radon, lead based paint, lead in drinking water, regulatory compliance, ecological resources, endangered species, indoor and outdoor air quality, vapor intrusion, cultural and historical resources, industrial hygiene, health and safety or wetlands. In addition, since a study as proposed here could affect the value of the property, the party for whom we prepare the report agrees to indemnify Hepworth- Pawlak Geotechnical against any third party claim arising from such change in valuation. Our client will need to provide the legal description of the property, access to the property, known ownership record (chain of title dating back to 1940 or the earliest developed use) and any known environmental information about the site or neighboring properties. Due to the size of the project site it may be necessary to show us the boundaries of the site in the field especially if not clearly marked. We request that you provide H -P Geotech with a Historical Chain of Title for the property. ASTM 1527 -05 requires that the Phase 1 ESA will identify all obvious uses of the property from the present back to the earliest developed use, or 1940, whichever is earlier. We have found that the Historical Chain of Title is the most effective way to identify previous site history, especially on older developed sites. Please indicate if you will be supplying H -P Geotech with a Historical Chain of Title at the excavation of this proposal. Fee Our total fee for the scope of services will be $3,500. This cost does not include the cost of the Historical Chain of Title report if supplied by our client. Acceptance We will proceed with the above scope of services when we receive a signed copy of this agreement. HEPWORTH — PAWLAK GEO ECHNICAL, INC. CLIENT _ b wtiw, -411W Steven L. Pawlak, P.E. Signature /erg, - i�41, /ksw (please print) / HIP HEPWORTH - PAWLAK GEOTECHNICAL, INC. Geotech 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970 - 945 -7988 HEPWORTH- PAWLAK GEOTECHNICAL Fax: 870 -945 -8454 e -mail: hpgeo@hpgeotech.com 2011 FEE SCHEDULE GLENWOOD SPRINGS PROFESSIONAL SERVICES FIELD EXPLORATION Truck - mounted drill rig Longyear BK -51HD or CME -45B $150/hour CME -55 $165/hour Mobilization $4.00 /mile All- terrain drill rig Cost + 20% Crew travel. $75 /man/hour Special equipment (backhoe, drill bits, well supplies, etc.) Cost + 20% Field Engineer or Technician $75/hour Overtime (over 8 hours /day, Saturday, Sunday and Holidays) 1.5 x hourly rate LABORATORY TESTING Fee schedule available on request. CONSTRUCTION OBSERVATION AND MATERIALS TESTING Fee schedule available on request. ENGINEERING (Includes project planning, administration, analysis, consultation, report preparation, field and travel time. Expert witness service has a 50% premium hourly rate.) Principal $180/hour Project Manager $130/hour Senior Project Engineer /Geologist $110/hour Project Engineer /Geologist $100/hour Staff Engineer /Geologist $90/hour CAD/Drafting $75/hour Word Processing $55/hour OTHER DIRECT CHARGES Auto or pickup mileage $.70 /mile Out of town living expenses, equipment rental, supplies, etc. Cost + 20% REMARKS Late fee of $30.00 or 1.5% per month (whichever is the greater) charged 30 days from invoice date plus collection costs, bank charges and reasonable attomey's fees. Up to 3 copies of report provided for each project. Minimum 2 hour trip charge per day for field engineer or technician. Terms and Conditions on Back Effective January 1, 2011 TERMS AND CONDITIONS STANDARD OF CARE: Services performed by HEPWORTH-PAWLAIC 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. PROFESSIONAL LIABILITY COVERAGE: The client agrees to limit the liability of HP GEOTECH's liability to $1,000,000 per claim and to the aggregate coverage of $1,000,000. The aggregate limit is the total insurance available for all covered claims presented within the policy period. The limit will be reduced by payments of indemnity and expense. 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 of HEPWORTH - 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 (1' /s %) 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, aU costs and expenses including court costs, reasonable attomey'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 1, 2011