07-05-2007 HP GEOTECH CONSTRUCTION AGREEMENT FOR OBSERVATION & TESTING, PROPOSED TRANSPORTATION CENTER 0070 BENCHMARK RD44
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer
Jeffrey Schneider, Engineer II
Date: July 5, 2007
Re: Avon Transit Center
HP Geotech - Geotechnical Quality Assurance Services Award
Summary:
The Transportation Center Project generally consists of realignment of the existing
Benchmark Road roadway and installation of new pedestrian walkways, curb and gutter,
landscaping, drainage system, and transit shelter. This memorandum is to award Quality
Assurance (QA) testing services to HP Geotech. The construction service agreement proposal
from HP Geotech is included as Exhibit A.
Discussion:
The contract documents and technical specifications for the Avon Transit Center mandate that
the Contractor must provide Quality Control (QC) testing for construction materials such as
fill for raising the roadway grade, utility trench backfill, concrete for curb, gutter, and
roadway surface, etc. In addition to Contractor's Quality Control, the Town, as Owner, is
required to conduct additional material testing, known as Quality Assurance (QA). QA
testing is an additional vehicle by which the Town can assure quality in construction
materials, and hopefully avoid any potential future issues due to improper placement. Exact
quantities of testing are per the project specifications, and are significantly less than the
quantities required by the contractor for QC.
Ground Engineering is under contract with B&B Excavating for Quality Control services. In
some cases, the same firm may provide QC for the Contractor and QA for the Owner. Due to
the complexity of materials for this project, and since H-P Geotech performed the subsurface
investigation during Transit Center Design, Staff feels that utilizing H-P Geotech for QA
services helps ensure a quality final product.
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Memo testing svices award HP Geotech.doc 1
Financial Implications:
The budget for the Transportation Center Project is shown below:
Line Item
Budget
Construction
$2,708,276
Final Design
85,000
Project Administration
50,000
Utilities & Tap Fees
45,000
Contingencies
135,000
2007 Budget
$3,023,276
The Quality Assurance testing by HP Geotech is included under the Project Administration
line item and is expected to be well within the budgeted amount. Work will be invoiced per
the rate sheets attached to the proposal in Exhibit A. Staff recommends establishing a not-to-
exceed amount of $12,000 to the contract.
Recommendations:
Award contract to HP Geotech for quality assurance material testing and observation services
during the Transportation Center Project per the rates included on the proposal, with a total
service fee not to exceed $12,000 without prior written approval.
Attachments:
Exhibit A - HP Geotech Proposal
Town Manager Comments:
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Memo testing svices award HP Geotech.doc 2
H 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
CONSTRUCTION SERVICES AGREEMENT
June 20, 2007 Job No. 106 0206
Town of Avon
Attn: Jeff Schneider
P.O. Box 975
Avon, Colorado 81620 Phone No. 970-748-4134
Project: Construction Observation and Testing, 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
Perform part time observation and testing of earthwork operations, sampling and testing of fresh
concrete and asphalt pavement materials as directed by the client or his designated representative.
Present the results of the services performed in daily reports.
Fee
Our fee will be based on the unit costs listed on the attached Fee Schedule and other costs needed to
perform our services. G v s 1- Arc •T 7-0 m C ~ T w&l c r /7 v oA.,O
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 used or ordered.
Acceptance
We are proceeding with the above scope of services based on the verbal authorization by Jeff
Schneider on June 20, 2007. Unless notified otherwise, we assume that you accept this Agreement.
Prior to issuing our reports, one copy of this Agreement must be signed and returned to us.
1 P v k Z"1 1-PJA~j WL I{ GEOTECHNICAL, INC. CLIENT
by- r: Signature
David A. Y&na, P.E.\
188
(please print)
G roo~ I=q
~ ofteczh
HEP VORTH - PAVLAK GEOTECHNICAL
HEPWORTH-PAWLAK GEOTECHNICAL, !NC
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
e-mail: hpgeo@hpgeotech.com
2007
FEE SCHEDULE
GLENWOOD SPRINGS
CONSTRUCTION OBSERVATION AND MATERIALS TES'T'ING
CONSTRUCTION OBSERVATION
Field Technician - Soils, Concrete, Asphalt, Masonry
Fireproofn
,
.
Field Technician - Piers, piles
.355.00 to .$65.00,'hou.r
,
_
Overtime (Over S hours per day, Saturday, Sunday and Holidays)
565.00 to .Si5.00!h
r
.
.
Jupervtsor..........
..I x standard hourly rate
Engineer (Staff to Senior Level)-...............
.
.
g. -
......$90.00 to $ 0.0
h
u
Word Processing
0i
o
_ _......_....$70.OOihoui
LABORATORY "BESTING
SOILS
IMOisture Content (ASTMM D-2216)__
........'n 10.00
Moisture and Density (,Liner Sample)
..........15.00
Ytterberg Limits (ASTM D-4318).........
75.00
Swell-C:onsolidation(Sid.3 Points)
_30.00
Unconfined Compression (ASTMM D-2166)_
...80
00
Specific Gravity (ASTM D-854)
.
80.00
Gradation Analysis (ASTM D-422)
L'. 3" through X200 Sieve...........__.....-------
....85.00
b. 3" through #4 Sieve_-............
50.00
c. #4 through #200 Sieve
........55.00
d. Percent Less than 1+200 Sieve
. .._...30.00
e. Hydrometer Analysis
80.0(
1
Gradation, Large Pit Run Samples
_
55.001hour
Standard Proctor Compaction (AST IA D-698)
110.00
.Modified Proctor Compaction (ASTi`l D-1557)...
120.00
Hveem Stabilometer W Value-._..
....325.00
ASPHALT
Oil Content Only (ASTM D-6307) .
..b 125.00
Oil Content/Gradation
(ASTM D-6307 and ASTM D-5444)....._..._...
....180.00
Super}rave Voids Analysis
. .400.00
Asphalt Coring, Includes Technician- 9
0.00 hour
Specific Gravity, Bulk
(ASTiMf D-1188 and D-2726)
.....30.00"
vlaximum Theoretical Spec. Gr. (ASTM D-2041).
75.00
CONCRETE -MASONRY
(-'ylinder Compression Test (ASTM C-34)
4",e$" Cylinder
_S 10.00
6 112 " Cylin '
aer
....14.00
trtmntu'sg Contractor Cast CyMider....
r9,00!C it
vi- so=ry rt:,;f C<,rr-tpres_-;c~n Te t;
lf;cludirig Coring and
r.. .
-r c, tar r
aSO fi j js n i.E3P 5ICJr_2 t 33t
L. Hollow -:ell .
.
95J)0
b. razt: ~ ul;y°d........
t(tc, rs;,
Conc °te C.0 ine (AST
C-421
. .
.
L Cl yaai "4 "or c? to=tiler t.JFy}
O! Ctrn4;rtirai L1g4twegjii (_-o
TIC! c1c
AGGREGATES
Coarse Aggregate 3" through ,8 Sieve (AS'Dd C-136)..
tj0
55
Coarse Aggregate Amount Finer.'==,1200 (ASTibl C-1 !7)_..
-
.-..30
r10
Fine Aggregate (With ,200 Sievel
,
Clay Lumps and FriabJc Particles (ASTMM C-142i
Coarse or Fine Aggregate
50
00
Fractured Faces, Coarse Aggregate
.
(Colorado Procedure 45)
_.60.1)0
Specific Gravity, Bulk and Apparciit
a. Coarse (ASTIi C-127).......
..60
00
b. Fire (ASTM C-128)........... .
.
85
00
% Salt Content-Sandin
Mate
i
l
.
g
r
a
75.00
FIREPROOFING
Density (ASTM E-605)__ ......_.-.5 50.00
Bond Test (ASTM E-736)......... 60.00
MISCELLANEOUS TESTING;
Laboratory Technician S 55.00 hour
Field Laboratory ..................Quotation Upon Request
OTHER DIRECT CHARGES
Auto or Pickup............................... S 45.00iday F,(~'ntile
Out of10,Wn living expenses, commercial travel costs,
equipment rental, freight, etc Cott 2O°4.
Special Testing........... Cost 20fi4.
REMARKS
Technician rates include nuclear gau- or ,ail,.er r✓pical yiel
equipment and are charged portal to portal. A 24-hour notice is
requested for scheduling of field service. Min-irnYm 2 hour tr p
charge per day for field engineer or t~rhrucian_
ProPOsats far ' .
F- 9p?c:fc projects a.ar?ah.d upGr, reel
The pry-e5 listed above include up to 3 Z:G.pies es he rr~pa - Lats"
{c of 530.00) or 1.5% pe. r tontts (Wh.c., v r tz. di, r
cnarged 30 days t. cry -rvc;C° date Hlu.
coz"c
b
charges and reasonable attorneys fees.
c~tecr,
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
CONSTRUCTION SERVICES AGREEMENT
June 20, 2007 Job No. 106 02 " 57~ `
Town of Avon
Attn: Jeff Schneider P.O. Box 975
Avon, Colorado 81620 Phone No. 970-748-4134
Project: Construction Observation and Testing, 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
Perform part time observation and testing of earthwork operations, sampling and testing of fresh
concrete and asphalt pavement materials as directed by the client or his designated representative.
Present the results of the services performed in daily reports.
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 used or ordered.
Acceptance
We are proceeding with the above scope of services based on the verbal authorization by Jeff
Schneider on June 20, 2007. Unless notified otherwise, we assume that you accept this Agreement.
Prior to issuing our reports, one copy of this Agreement must be signed and returned to us.
AWLAK GEOTECHNICAL, INC. CLIENT
by l'l A'L'~ v v
David A. Y ng, P.E.
/ksw
Signature
(please print)
6-1
~a~~
tecn Phone: 970-945-7988
Fax: 970-945-8454
17CHEPWOIRTH-PAWLAK GEOTECHNICAL e-mail: hpgeo@hpgeotech.com
2007
FEE SCHEDULE
GLENWOOD SPRINGS
CONSTRUCTION OBSERVATION AND MATERIALS TESTING
CONSTRUCTION OBSERVATION
Concrete, Asphalt, Masonry, Fireproofing
Field Technician - Soils
......$55.00 to $65.00/hour
,
$65.00 to $75.00/hour
Field Technician - Piers, Piles
Saturday, Sunda and Holidays) .
time Over 8 hours per day
o
...................................1.5 x standard hourly rate
,
ver
$90.00/hour
Supervisor
.............$90.00 to $130.00/hour
Engineer (Staff to Senior Level)
CAD/Drafting .
50.00. our
Word Processing
LABORATORY TESTING
SOILS
Moisture Content (ASTM D-2216)
10.00
Moisture and Density (Liner Sample)
..........15.00
Atterberg Limits (ASTM D-4318)
..........75.00
Swell-Consolidation (Std. 3 Points)
..........80.00
Unconfined Compression (ASTM D-2166)...
_80.00
Specific Gravity (ASTM D-854)......._.
..........80.00
Gradation Analysis (ASTM D-422)
a. 3" through #200 Sieve......
85-00
b. 3" through #4 Sieve.
..........50.00
c. 44 through #200 Sieve
..........55.00
d. Percent Less than #200 Sieve
..........30.00
e. Hydrometer Analysis
..........80.00
Gradation, Large Pit Run Samples
55.00/hour
Standard Proctor Compaction (ASTM D-698) ..........110.00
Modified Proctor Compaction (ASTM D-1557)........ 120.00
Hveem Stabilometer'R' Value ...................................325.00
AGGREGATES
Coarse Aggregate 3" through #8 Sieve (ASTM C-136).... .
. 55.00
Coarse Aggregate Amount Finer #200 (ASTM C-117)......
. 30.00
Fine Aggregate (with #200 Sieve)
. 55.00
Clay Lumps and Friable Particles (ASTM C-142)
Coarse or Fine Aggregate
. 50.00
Fractured Faces, Coarse Aggregate
(Colorado Procedure 45)
. 60.00
Specific Gravity, Bulk and Apparent
a. Coarse (ASTM C-127)
. 60.00
b. Fine (ASTM C-128)
. 85.00
% Salt Content-Sanding Material
. 75.00
FIREPROOFING
Density ASTM E-605 $ 50.00
Bond Test (ASTM E-736) 60.00
MISCELLANEOUS TESTING
Laboratory Technician 55.00/hour
Field Laboratory ....................................Quotation Upon Request
ASPHALT
Oil Content Only (ASTM D-6307)........................
. $ 125.00
Oil Content/Gradation
(ASTM D-6307 and ASTM D-5444)........
...180.00
Superpave Voids Analysis
....400.00
Asphalt Coring, Includes Technician.................. 9
0.00/hour
Specific Gravity, Bulk
(ASTM D-1188 and D-2726)...........................
30.00
Maximum Theoretical Spec. Gr. (ASTM D-2041)
......75.00
CONCRETE-MASONRY
Cylinder Compression Test (ASTM C-39)
4"x8" Cylinder
10.00
6"x12" Cylinder
............14.00
Trimming Contractor Cast Cylinder
10.00/cut
Masonry Grout Compression Test,
Including Coring and Trimming
30.00/core
Mortar Cube Compression Test
.............14.00
Masonry Prism Compression Test
a. Hollow Cell
.............95.00
b. Grout Filled
105,00
Concrete Coring (ASTM C-42)
includes Techniciat
90.00,10ur
Unit Weight (4" or 6" Cylinder - Dry)
............15.00
Density of Structural Lightweight Concrete
ASTNI C-5671..............
85.00
OTHER DIRECT CHARGES
Auto or Pickup $ 45.00/day + $.60/mile
Out of town living expenses, commercial travel costs,
equipment rental, freight, etc Cost + 20%
Special Testing Cost + 20%
REMARKS
Technician rates include nuclear gauge or other typical field
equipment and are charged portal to portal. A 24-hour notice is
requested for scheduling of field service. Minimum 2 hour trip
charge per day for field engineer or technician.
Proposals for specific projects available upon request.
The prices listed above include up to 3 copies of the report. 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.
Tans su3 C-6 6.. Ou Bali
Ef -tiv, !-ary 1, M07
TERMS AND CONDITIONS
STANDARD OF CARE: Services performed by HEPWORTH-PAWLAK 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.
LIMITATION OF LIABILITY: The client agrees to limit the liability ofHP GEOTECH and its employees, directors, officers and subconsultants
(collectively "HP GEOTECH") to the client, arising from or in anyway related to the Project, the Agreement or the services performed, such that
the total aggregate liability of HP GEOTECH to the client shall not exceed the greater of $50,000 or HP GEOTECH's total fee received for the
services rendered on this Project. Client hereby releases HP GEOTECH from any liability above such amount. This limitation of liability shall
apply to any and all claims for relief made or which could be made.
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 (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 prev~,a;ng 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 terrination of the Agreement by either party, the client shall within fifteen (15) calendar days of termination
pay HP GEOTEEECH for aii 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. J
Effective January 1, 2007