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Home My WebLink AboutC97-265 Hepworth-Pawlak GeotechnicalHEPWORTH - PAWLAK �- _OTECHNICAL, Inc. August 15, 1997 PROFESSIONAL SERVICES AGREEMENT Job No. 197 512 CV726547 5020 Road 154 Glenwood Springs CO 81601 Fax: 970-945-8454 Phone: 970-945-7988 RECEIVED Eagle County AUG 2 01997 P.O. Box 850 OXOM AND GRO1fN13S Eagle, Colorado 81631 Attention: Mike Bradley Phone: 970/328-8705 Project: Subsoil Study, Proposed Animal Shelter, Fairgrounds Road, Eagle County, 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 work is performed; no other warranty, expressed 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 work. Please note the attached terms and conditions are a part of this agreement and contain a limitation of liability clause. Scope of Services Drill three exploratory borings in the area of the proposed building. Perform laboratory testing on samples taken from the borings and analyze the data for foundation design. Present the findings of work performed and foundation recommendations in an engineering report. Fee Our fee will be based on the unit costs listed on the attached Fee Schedule and other costs needed to perform our work. We estimate our total fee for the scope of services to be $1,800 to $2,000. Termination This agreement may be terminated by either parry upon reasonable written notice. All work will be stopped and fees will be calculated to include all work done and materials used or ordered. Acceptance We are proceeding with the above scope of work based on the verbal authorization by Paul Greg on August 15, 1997. If this agreement is not returned before work commences, we assume that you accept this agreement. HEPWORTH - PAWLAK GEOTECHNICAL, INC. CLIENT Y c°c Steven L. Pawlak, P.E. COLOR Apo /kmk Hr PWORTH - PAWLAK GLuTECHNICAL, Inc. 5020 County Road 154 Glenwood Springs CO 81601 Fax: 970-945-8454 Phone: 970-945-7988 FEE SCHEDULE GLENWOOD SPRINGS PROFESSIONAL SERVICES FIELD INVESTIGATION Truck -mounted drill rig............................................................. $100 - $130/hr. Mobilization...........................................................................$2.50/mile All -terrain drill rig......................................................................... $150 - $170/hr. Crew travel................................................................................. $30/man/hr. Special equipment (backhoe, drill bits, well supplies, etc.)...................................................................Cost + 20% Field Engineer or Technician............................................................$40 - $50/hr. Overtime (over 8 hrs/day, Saturday, Sundays, Holidays).................................................................1.25 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.) Principal.................................................................................. $95-105/1r. Project Manager............................................................................$85-90/hr. Senior Project Engineer/Geologist..................................................... $75-80/hr. Project Engineer/Geologist...............................................................$65-70/hr. Staff Engineer/Geologist................................................................... $55-60/hr. Drafting ............ .. $38/hr. .......................................................................... . Word Processing................................................................ .............$35/hr. OTHER DIRECT CHARGES Auto or pickup mileage ...................................................... $25/day + $.40/mile Out of town living expenses, equipment rental, supplies, etc......................................................................... Cost + 20% REMARKS 1.5% per month interest charged 30 days after invoice date. Up to three copies of report provided for each project. Terms and Conditions on Back Effective January 1. 1997 TERMS AND CONDMONS STANDARD OF CARE: Services performed by HEPWORTH-PAWLAK GEOTECHNICAL, INC. (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, expressed 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. LIMITATION OF LIABILITY: The client agrees to limit HP GEOTECH's liability to the owner arising from HP GEOTECH's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of HP GEOTECH to all those named shall not exceed $50,000 or HP GEOTECH's total fee for the services rendered on this project, whichever is greater, and client hereby releases HP GEOTECH from any liability above such amount. 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 all reasonable precautions to minimize any damage to the property, it is understood by the client that in the normal course of work 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 work, HP GEOTECH will take all 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 costs and attorney fees, 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 work is to be performed by HP GEOTECH 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 work 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. INVOICES: HP GEOTECH will submit invoices to the client monthly and a final bill upon completion of services. Payment is due upon presentation of invoice and is past due thirty (30) days from the invoice date. Client agrees to pay a finance charge of one and one half percent (1'h %) per month on past due accounts. Client also agrees to pay all costs and expenses, including reasonable attorney's fees incurred by HP GEOTECH relating to collection procedures on overdue accounts. OWNERSHIP OF DOCUMENTS: All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by HP GEOTECH as instruments of service, shall remain the property of HP GEOTECH unless there are other contractual agreements. SAMPLES: HP GEOTECH will retain all soil and rock samples that are transported to HP GEOTECH laboratories for 60 days after submission of the report. Further storage or transfer of samples can be made at client's expense upon written request. DISPUTE RESOLUTION: All claims, disputes and other matters in controversy between HP GEOTECH and client arising out of or in any way related to this Agreement will be submitted to "alternative dispute resolution" (ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. If and to the extent client and HP GEOTECH have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated and made a part of this Agreement. If a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation instead of ADR as provided above, then: 1) the claim will be brought and tried in judicial jurisdiction of the court of the county where HP GEOTECH's principal place of business is located and client waives the right to remove the action to any other county or judicial jurisdiction, and 2) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses. C CT. .1 Revised December, 1996 I return Orig. To I