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HomeMy WebLinkAboutC11-176 HP Geotech Services Agreement �� HEPWORTH - PAWLAK GEOTECHNICAL, INC. G1:26CDItahCh 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970 - 945 -7988 Fax: 970 - 945 -8454 E -mail: hpgeo@hpgeotech.com PROFESSIONAL SERVICES AGREEMENT May 11, 2011 Job No. 111 111A Eagle County Attn: Diane Mauriello P.Q. Box 850 Eagle, Colorado 81631 Phone: 970- 328 -8685 Project: Phase I Environmental Site Assessment for Purchase of Property Located at 5572 Highway 6, Gypsum, Colorado 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. Scope of Services 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 available property records, historical maps, directories and other information. Review commercially available aerial photographs for visual information on the historic development and usage of the site and adjacent property. Review reasonably obtainable 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 and permit violations which could result in site contamination will be researched. The study will be in substantial conformance with ASTM 1527 -00. Prepare a report which summarizes the data obtained and presents conclusions concerning the potential for contamination as the result of previous or current site activities. The findings may include recommendations for further evaluation. Copies of relevant documents obtained during the study will be included in the report. Information Needed We need the names of anyone who would have information on the property, present and past owners, and permission from the current owner to conduct the study. A questionnaire or verbal interview will be conducted with the owner to provide as much information on the history as is known. We understand that the current property owner is Howard Allen Beck. Fee Our fee will be based on the unit costs listed on the attached Fee Schedule and other costs needed to perform our services. We estimate our total fee for the scope of services to be $3,000. Job No. 111 11I A _ � __ ... _ .. n.� . _,w..._..., . Ge"' hech .. Eagle Cou.tty May 11, 2011 Page 2 Terms an Conditions On the re erse side of the Fee Schedule, are our normal terms and conditions for performing profession 1 work. Please note there is a Professional Liability Coverage limitation clause included, 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. Terminati I n This Agree ent may be terminated by either party upon reasonable written notice. Our services will be stopped an fees will be calculated to include all services performed and materials used or ordered. Acceptance We will proceed with the above scope of services when authorization by signing this agreement. Unless notified otherwise, we assume that you accept this Agreement. HEPW PAWLAK EO C CAL, INC. CLIENT ...L , CD v,ti by Signature Steven L. Pawlak, P.E. 01 1 1 11111 (please print) / j L SLP/ksw l Attachment : Fee Schedule and Terms and Conditions Job No. 111 111AI " ° ° " GateCh 1 HEPWORTH - PAWLAK GEOTECHNICAL, INC. a ' r 6020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970 -945 -7988 HEPWORTH-PAWLAK GEOTECHNICAL Fax: 970 -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 attorney'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 Hack Effective January I, 2011 1 TERMS AND CONDITIONS STAND OF CARE: Services performed by HEPWORTH - PAWLAK GEOTECHNICAL, INC. (also referred to as HP GEOTECH) under this Agree ent will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently cticing under similar conditions in the same locale. No warranty, express or implied, is made or intended by the proposal for consulting ervices or by furnishing oral or written reports of the findings made. The client recognizes that subsurface conditions may vary from those enco teed at the location where borings, tests or explorations are made by HP GEOTECH and that the data, interpretations and recommen bons of HP GEOTECH are based solely upon the data available to HP GEOTECH. HP GEOTECH will be responsible for those data, interp tations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. PROFESSI NAL LIABILITY COVERAGE: The client agrees to limit the liability of HP GEOTECH's liability to $1,000,000 per claim and to the aggreg a coverage of $1,000,000. The aggregate limit is the total insurance available for all covered claims presented within the policy period. Th limit will be reduced by payments of indemnity and expense. CORPORA"E 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 ACC S: 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 co a 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 servi 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 r suspected hazardous substances which may exist on or near any premises upon which services are to be performed by HP GEOTE Ifs employees, agents or subcontractors. If HP GEOTECH observes or suspects the existence of unanticipated hazardous materials during the urse of providing services, HP GEOTECH may at its option terminate further services on the project and notify client of the condition. S rvices will be resumed only after a renegotiation of scope of services and fees. In the event that such renegotiation cannot occur to the satisfacti n of HP GEOTECH, HP GEOTECH may at its option terminate this contract. MOLD or 0 R BIOLOGICAL CONTAMINANTS (MOBC): HP GEOTECH's services do not include determining the presence, prevention or possibili of MOBC developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be co suited. INVOICES: 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 (3 days from the invoice date. Client agrees to pay a late fee of $30.00 or one and one half percent (P k%) per month (whichever is the greater) 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 d expenses including court costs, reasonable attorney's fees and staff time computed according to HP GEOTECH's prevailing Fee Schedule inc d by HP GEOTECH relating to collection procedures on overdue accounts. OWNERS OF DOCUMENTS: All reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by GEOTECH as instruments of service shall remain the property of HP GEOTECH. HP GEOTECH shall retain all common law, statutory and ther 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 OLUTION: All claims and disputes between HP GEOTECH and client arising out of or in any way related to this Agreement will be submitted t 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 P TY BENEFICIARIES: Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of any t party against either HP GEOTECH or client. TERMINATI N: In the event of termination of the Agreement by either party, the client shall within fifteen (I5) calendar days of termination pay HP GEO CH for all services rendered and all reimbursable costs incurred by HP GEOTECH up to date of termination, in accordance with the payment visions 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 result of such termination caused by any breach of this Agreement by the client. Effective Janaary 1, 2011 :