03-01-2006 HP GEOTECH SERVICE AGREEMENT FOR SUBSOIL STUDY FOR PAVEMENT & FOUNDATION DESIGN FOR TRANSPORTATION CENTERHEPWORTH - PAWLAK GEOTECHNICAL, INC.
5020 County Road 154
'V e---h
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
E-mail: hpgeo@hpgeotech.com
PROFESSIONAL SERVICES AGREEAIENT
March 1. 2006 Job No. 106 0206
Town of Avon
Attn: Norman Woods
P.O. Box 975
.Avon, Colorado 81620
Project: Subsoil Study for Pavement and Foundation Design, Proposed Transit Center, 0070
Benchmark Road, Avon, Colorado
Professional Services
Hepworth-Pawlak Geotechnical, Inc. (HP GEOTECH) agrees to perform the services outlined below.
The CLIENT may subsequently amend the scope of services with the concurrence of HP GEOTECH.
Services provided by HP GEOTECH will be consistent with the engineering standards prevailing at the
time and in the area that the services are perfonned; 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 HP GEOTECH's services. Please note the attached Terms and
Conditions are a part of this Agreement and contain a limitation of liability clause.
Scope of Services
Drill about five exploratory borings in the area of the proposed transit center. Perform laboratory
testing on samples taken from the borings and analyze the data for pavement and foundation design.
Present the findings of services 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 services.
Termination
This Agreement may be terminated by either party upon reasonable written notice. Our services vfill be
stopped and fees will be calculated to include all services perfonned and materials used or ordered.
Acceptance
We are proceeding with the above scope of services based on the verbal authorization by Nonnan
Woods on March 1, 2006. Unless notified otherwise, we assume that you accept this Agreement.
Prior to issuing our report, one copy of this Agreement must be signed and returned to us.
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HEPWORTH - PAWLAK GEOTECHNICAL
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
e-mail: hpgeo@hpgeotech.com
2006
FEE SCHEDULE
GLENWOOD SPRINGS
PROFESSIONAL SERVICES
FIELD INVESTIGATION
Truck-mounted dri ll rig (Longyear BK-51 HD or CME-4513) S 140/hour
Mobilization ..............................................................................................................53.50/mile
All-terrain drill rig Cost + 20%
Crew travel ...................................................................................................................570/man/hour
Special equipment (backhoe, drill bits, well supplies, etc.) Cost + 20%
Field Engineer or Technician S70-S75/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 S 150/hour
Project Manager $125/hour
Senior Project Engineer/Geologist S 110/hour
Project Engineer/Geologist S90/hour
Staff Engineer/Geologist S80/hour
CAD/Drafting S70/hour
Word Processing S50/hour
OTHER DIRECT CHARGES
Auto or pickup mileage S45/day + S.60/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 Back Effective January 1, 2006
TERMS AND CONDITIONS
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, 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.
LIMITATION OF LIABILITY: The client agrees to limit HP GEOTECH and its employees, directors, officers and subconsultants liability to
the client arising from or in any way related to the Project or the Agreement including professional acts, errors, or omissions or breach of
contract or other cause of action, such that the total aggregate liability of HP GEOTECH, including reasonable attorney's fees and expert
witness' fees, 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 and its employees, directors, officers and subconsultants from an}, 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 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 pan 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 tenninate 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 tenninate 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 (11/2%) per month
(whichever is the greater) on past due accounts. Client also agrees to pay, in addition to judgement or settlement sums due, all costs and
expenses including court costs, reasonable attorney'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, 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 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.
Effective January 1, 2006
•
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: March 6, 2006
Re: H-P Geotech Professional Services Agreement for Subsoil Study for
Pavement and Foundation Design for Transportation Center
Summary: H-P Geotech submitted the attached Professional Services Agreement
(Exhibit 1) for Subsoil Study for the Pavement and Foundation Design for the Transportation
Center currently being designed by Design Workshop. The proposed services include drilling
® five test holes, analyzing the data for pavement and foundation design and presenting the
findings and reconunendations in an engineering report. The Fee for this work will be based
upon unit cost in the included Fee Schedule. A verbal estimate for the total fees associated
with this project is approximately $ 5,000.
This work is needed prior to finalizing the design of the Transportation Center and we
recommend approval of the Professional Services Agreement as submitted by H-P Geotech.
Financial Implications: This work is a part of the Transportation Center and is
within the current total project budget of $2,040,660.
- ---Recommendation: Approve-the-Professional Services Agreement submitted by
-----H-P--Geotech--for-Subsoil--Study-for-Pavement -and-Foundation-Design-for-the -Transportation-- -
Center.
Town Manager Comments:
Attachments:
® Exhibit 1: H-P Geotech Professional Services Agreement Subsoil Study for
Transportation Center Pavement & Foundation Design
I:\Enginccring\CIP\Transportation CenterL.O Contract Services\H-P Agmnt Memo.Doc
~ HEPWORTH - PAWLAK GEOTECHNICAL, INC. -
ech 5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
E-mail: hpgeo@hpgeotech.com
PROFESSIONAL SERVICES AGREEMENT
March 1, 2006 Job No. 106 0206
Town of Avon
Attn: Norman Woods
P.O. Box 975
Avon, Colorado 81620
Project: Subsoil Study for Pavement and Foundation Design, Proposed Transit Center, 0070
Benchmark Road, Avon, Colorado
Professional Services
Hepworth-Pawlak Geotechnical, Inc. (HP GEOTECH) agrees to perform the services outlined below.
The CLIENT may subsequently amend the scope of services with the concurrence of HP GEOTECH.
Services provided by HP 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 HP GEOTECH's services. Please note the attached Terms and
Conditions are a part of this Agreement and contain a limitation of liability clause.
Scope of Services
Drill about five exploratory borings in the area of the proposed transit center. Perform laboratory
testing on samples taken from the borings and analyze the data for pavement and foundation design.
Present the findings of services 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 services.
Termination
This Agreement may be terminated by either party upon reasonable written notice. Our services will be
stopped and fees will be calculated to include all-services performed and materials us_ed_or ordered.
Acceptance
We are proceeding with the above scope of services based on the verbal authorization by Norman
Woods on March 1, 2006. Unless notified otherwise, we assume that you accept this Agreement.
Prior to issuing our report, one copy of this Agreement must be signed and returned to us.
HEPW -PAWLAK GEOTECHNICAL, INC
by
David A. Y ng, P
CLIENT
Signature
/kmk
(please print)