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HomeMy WebLinkAboutC97-124 Montane Environmental Solutions- C'97 12 4 51� - A PROPOSAL FOR WETLAND DELINEATION AND PER 41T APPLICATION FOR EAGLE RIVER BRIDGE CROSSING, EDWARDS I. SCOPE OF SERVICES Montane Environmental Solutions, Ltd. ("Montane") proposes to perform the following Scope of Services for Eagle County, ("Client"). The objective of this Scope of Services is to prepare a wetland delineation report to be used to secure necessary permits from the U.S. Army Corps_ of Engineers ("Corps") prior to any land disturbance at the proposed bridge crossing site across the Eagle River, Edwards, Colorado. A. - - WETLAND DELINEATION In accordance with the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual. Mofitane will conduct a wetland delineation of the area along the Eagle River likely to be impacted by the proposed bridge crossing. The delineation shall involve sequentially flagging the boundaries of the areas that meet the -criteria of a jurisdictional wetland (that is, those areas over which the Corps has jurisdiction.) The field survey will involve walking the site, identifying vegetation cover for presence of hydrophytic plants, inspecting soil types to a depth of 16" to determine if hydric conditions exist, and noting any hydrologic indicators. Data forms and photographs will be used for each wetland vegetation type and sampling location. These forms and photographs will bie included as appendices to the report, described below. B. IWEILAND DELINEATION REPORT A written teport shall be completed that will be based upofi Montane's findings in the field. Two copies shall be furnished to the Client, one copy will be prepared for submittal to the Corps. Additional copies can be made available at cost, upon request by the Client. Since a baseline map of the proposed crossing area has not been provided at this time Montane recommends that the county-suivey the wetland boundary as flagged in the field, as the bridge is being planned. The survey will aid in a determination of the wetland area that may be impacted. This will be required in the Corps permit application. It should be noted however, that a project proponent must diligently attempt to first avoid impacting wetlands, second minimize any unavoidable impacts, and third mitigate any unavoidable. impacts. The Montane report shall include the following: a description of the wetland types found on the property; the Client's name and address; the approximate date of a permit application or notification, whichever may be required; the basis of wetland boundary A Proposal for Wetland Delineation Eagle River Bridge Crossing, Edwards. April, 1997 page 2 locations; drawings; including vicinity map on a 7.5 -minute quad; . data forms; and t photographs of each wetland vegetation type. - r r II. ADDITIONAL SER -VICES A. PERMIT APPLICATION Once the wetland boundary has been established the. county can deteri i iine the level of wedand impact from the bridge and the bridge approaches.. Montane. would then be available. to prepare a permitapplication f6r the county and . propose appropriate mitigation if required. It may be prudent fbr.. the -county to have Montane staff present during any on-site meetings with the Corps to answer, questions rind: work through issues as they arise. III. PAYMENT TER.W Montane Environmental Solutions, Ltd. is prepared to- accept the assignment ftocn Eagle County for a fixed fee of $1,000. Our fee is based upon our- Scopje of Services- as described in Section I of this proposal. We estimate our Iabor costs to be $950and 'reiinbursable expenses approximately $50. Montane would agree to prepare the permit applicatioiYfor ai additional £ixa fee of $500. Any additional services required would be -billed at our hourly rate of $55/houi. A IV. SCHEDULE Montane may begin work immediately, weather permitting, following approval of this proposal exhibited by a returned signed proposal and contract. The.subsequent deport will be prepared and completed in 15 to 20 days upon completion of t ie field work. Respectfully submitted, J 1,. Tye} ti r ��• kr�. �'- y �_ MONTANE ENVIRONMENTAL SOLUTIONS) Ltd. �; r' _ • = r� .: ' � l A Proposal for Wetland Delineation Eagle River Bridge Crossing,, Edwards. ApriZ.199% page 3 STANDARD AGR.F..EMENT FOR SERVICES This agreement is entered into as the ol 4tL day of 1997, between Montane Environmental Solutions, Ltd, and Eagle County. All work w' be performed in accordance with the attached Scope of Work outlined in the Proposal for Wetland Delineation and Permit Application for Eagle River Bridge Crossing, Edwards, Colorado. The representative for the Eagle County has read and agrees to the proposed Scope of Work, General Terms and Conditions attached hereto and made part of. MONTANE E&VM6NMFNTAL SOLUTIONS, Ltd. tiumonzea nepresenranve A Proposal for Wetland Delineation Eagle River Bridge Crossing, Edwards. April, 1997 page 4 STANDARD AGREEMENT FOR SERNICES This agreement is entered into as the - day of 1997, between Montane Environmental Solutions, Ltd. and Eagle Countyl All work will be performed iri accordance with the, attached Scope ' of Work outlined' in -the Proposal .'for Wetland` Delineation and Permit Application for Eagle River Bridge Crossing, Edwards, Colorado. r_ The representative for the Eagle County has read and,agrees toA4e proposed Scope of Work, General Terms and Conditions attached hereto and made part of. { 14(f, nPL P L P f MONTANE ENVIRONMENTAL,_ Eagle ourity.' SOLUTIONS, . Ltd. r t Authorized Representative- r - -- "_1 - 1 fl r i F A Proposal for Wetland Delineation Eagle River Bridge Crossing, Edwards. Apri4 1997 page 5 GENERAL TERMS AND CONDITIONS 1. SCOPE OF SERVICES Montane Environmental Solutions, Ltd. ("Montane"), shall perform services as described in the attached proposal (the "Work.") Client shall notify Montane in writing of any specific additional services to be performed by Montane. If the performance of all or any part of the work is for an unreasonable period of time suspended delayed or interrupted by Client of other causes beyond Montane's control in the performance of this Agreement, Montane shall be entitled to an adjustment in the cost of the work. 2. TERMS This Agreement shall have a term as specified in the attached proposal. Either party may terminate this Agreement by written notice to the other party. Such termination shall operate to terminate all work in progress. In the event Client requests termination of the services prior to completion of any task, Montane shall be compensated for work actually performed prior to the effective date of termination plus the work required for filing any documents and closing any such task. 3. PAYMENT OF FEE Except as otherwise provided in the attached proposal, Montane's services shall be rendered on a time and expense basis in accordance with Montane's then current rate schedule for labor, which is $55.00 per hour. Montane bills for services once per month on the first or the fifteenth of the month. Invoices shall be payable upon receipt. Unless Montane's proposal provides otherwise, the proposed fees constitute Montane's estimate of the probable cost required to complete the proposed work. The estimated probable cost identified in Montane's proposal shall not be deemed to be either a guaranteed maximum or guaranteed "not to exceed" amount with respect to the cost of performing the work identified in any such proposal. However, Montane will not proceed to expend more than the amount identified as the estimated probable cost in Montane's proposal without the Client's prior approval. Client agrees to pay a finance charge of one and one-half percent per month, or the maximum rate allowed by law, on amounts due over thirty days. Client specifically agrees to pay all expenses and costs, including, but not limited to, attorneys' fees and court and other costs associated with the collection of past due accounts. Client further agrees to compensate Montane for the time spent and expenses incurred by Montane in pursuing collection of past due accounts with such compensation based upon Montane's prevailing Fee Schedule. Montane General Terms & Conditions p-1 If an invoice is not paid within thirty days after the invoice date, Client agrees that Montane shall have the right to consider such nonpayment a material breach of this Agreement. Upon Montane's notification in writing to Client of breach of Agreement for nonpayment of an invoice, Client shall have ten days thereafter to remedy such breach. If said breach is not remedied or negotiated to Montane's satisfaction, Client agrees that Montane shall have the right, in addition to any other rights and remedies, to suspend or terminate services to be provided to Client by Montane under this Agreement. 4. REIMBURSEMENT OF AUTHORIZED EXPENSES Client shall reimburse Montane upon receipt of an itemized statement for expenses incurred, including, but not limited to, outside services and subcontracts, the reasonable cost of travel and travel expenses, such as meals and lodging when away from Montane's normal place of business. 5. LIMITATION OF LIABILITY Montane has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance at the project site, and its compensation is in no way commensurate with the potential risk or injury or loss that may be caused by exposure to such substances or conditions. Montane's aggregate liability for damages arising out of the professional services rendered hereunder, whether arising out of tort or contracts, is limited to an amount not to exceed $50,000 or the total gross billings of Montane to Client hereunder, whichever is less. Client shall release, defend, and indemnify Montane from and against all further liability beyond the above amount, whether arising in contract or otherwise. In the event that Client desires Montane to assume higher risks, Montane will agree to raise this limitation upon written request. Client agrees to offset the cost of this additional risk by payment of an additional fee. 6. INDEPENDENT CONTRACTOR Montane is and shall perform its services under this Agreement as an independent contractor. Montane shall follow standard practices of the environmental consulting profession to make findings, provide opinions, make factual presentation, and provide professional services only. Montane's review of supervision of work prepared or performed by other individuals or firms employed by Client shall not relieve those individuals or firms of complete responsibility for the adequacy of their work. Montane General Terms & Conditions p.2 7. INSURANCE Montane shall maintain during the life of the Agreement the following minimum insurance: Coverage General liability including: Automobile Liability Owned Workers Compensation MINOR _11 1 X Limits $600,000 combined single limit as required by law In the execution of its work, Montane will take all reasonable precautions to avoid damage or injury to subterranean structure or utilities. The Client agrees to hold Montane harmless for any damage to subterranean structures which are not called to Montane's attention and fully and accurately described and located on the plans furnished or at the job site itself. 9. JOB SITE Montane will not direct, supervise or control the work of contractors or their subcontractors, unless specifically noted in work proposal. Montane's services will not include a review or evaluation of the contractor's and/or subcontractor's safety measures. 10. ASSIGNMENT Neither this Agreement nor any rights or obligations hereunder may be assigned or otherwise transferred by either parry, nor shall this Agreement inure to the benefit of any trustee in bankruptcy, receiver or creditor or either party, whether by operation of the law or otherwise, without the prior written consent of the other party. Any attempt to so assign or transfer this Agreement or any rights or obligations hereunder without such consent shall be null and void and of no force and effect. 11. GOVERNING LAW The validity, performance and construction of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado applicable to contracts made and to be performed therein. Montane General Terms & Conditions P. 3 12. STANDARD OF CARE While performing services under any agreement, Montane shall exercise that degree of care and skill ordinarily exercised under similar circumstance by members of the environmental consulting profession performing the kind of services to be performed thereunder and practicing in the same or similar locality at the same time. Except for the express promise set forth herein regarding Montane's standard of care, Montane neither makes nor offers, nor shall Montane be liable to Client for any express or implied warranties with respect to the performance of Montane's services. Estimates of cost, approvals, recommendations, opinions, and decisions by Montane are made on the basis of Montane's experience, qualifications, and professional judgment and are not guaranteed. Montane shall not be regarded as a guarantor with respect to any work product provided to the client. The implied warranties or mercantability and fitness for a particular purpose are hereby waived by the Client. 13. OWNERSHIP AND MAINTENACE OF DOCUMENTS All materials resulting from Montane's efforts on this project, including documents, calculations, maps, photographs, drawings, computer printouts, notes, samples, specimens and any other pertinent data, are instruments of Montane's service, but unless otherwise specified in the scope of services shall be owned by Eagle County. In any event, Montane shall have the right to retain copies of all said documents of service. 14. INDEMNITY Except as modified by paragraph 5 hereof, Montane agrees to indemnify, hold harmless, and defend the County from and against all liabilities for bodily injury and property damage, excluding consequential damages (including loss of use), caused by willful or negligent acts or omissions of the indemnifying party or its agents, employees, or subcontractors. Montane's obligation under this paragraph for other than professional negligence (which liability is limited in paragraph 5 hereof) shall not exceed the amount of insurance coverage specified in paragraph 7 hereof. 15. ENTIRE AGREEMENT This Agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all previous communications, negotiations and agreements, whether oral or written, between the parties with respect to such subject matter, and no addition to or modification or waiver of any provisions of this Agreement shall be binding on either party unless made in writing and executed by Montane and a duly authorized agent of Client MONTANE ENVIRONMENTAL SOLUTIONS, Ltd. Montane General Terms & Conditions p.4