HomeMy WebLinkAboutService Agreement - Excavation ObservationKumar & Associates, Inc. ®
Gactechnica! and Malerials Engineers
and Environmental Scientists
An Employee Owned Company
5020 County Road 154
Glenwood Springs, CO 81601
phone: (970) 945-7988
fax: (970) 945-8454
email: kaglenwood@kurnarusa.corn
www,kumarusa.com
Office Locations: Denver (HQ), Parker, Colorado Springs, Fort Collins, Glenwood Springs, and Summit County, Colorado
PROFESSIONAL SERVICES AGREEMENT
October 12, 2020
Jenny Vandeventer
15 Old Orchard Road
Carbondale, Colorado 81623
a tia .a ma r ga6a, aiI.
Proposal No: P7-20-728
Project: Excavation Observation, Proposed Plunge Pool, Hawk Ridge, 15 Old Orchard Road, Garfield
County, Colorado
Professional Services: Kumar & Associates agrees to perform the services outlined below. The
CLIENT may subsequently amend the scope of services with the concurrence of Kumar & Associates.
Services provided by Kumar & Associates 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 Kumar & Associates services. Please note the attached Terms and
Conditions are a part of this Agreement and contain a limitation of liability clause.
Scope of Services: Make a site visit to observe the soils exposed in the pool excavation and provide
an opinion on their suitability for foundation support. You have assumed spread footings bearing on
the natural soils as the foundation type. Subsurface exploration to evaluate the soils within the loaded
depth of the foundation influence is not requested. Variations in the subsurface conditions not
identified could increase the risk of foundation movement and building distress. Present the findings
of the services performed in a letter 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. We estimate our total fee for the scope of services to be $600 - $800.
Additional scope of services will be based on the unit charges and Terms and Conditions of the
attached Fee Schedule.
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 will proceed with the above scope of services based on the verbal authorization.
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.
Kumar & Associates, In
by
Daniel E Hardin, P.E.
/j ks
Kumar & Associates, Inc.
Geotechnical and Materials EngirKiert3
and Enuironmcntaf Scientists
5020 County Road 154
Glenwood Springs, GO 81601
phone: (970) 945 7985
fix: (970) 945-8454
email: kagl nwood(a)kuinarusa,com
v ww.kunlarusa.corn
Office Locations: Denver
afWer, Cc erano .pangs, or Co8r , lama( Springs and Summit County, Colorado
2020
FEE SCHEDULE
GLENWOOD SPRINGS
PROFESSIONAL SERVICES
FIELD EXPLORATION
Truck -mounted drill rig
CME-45B $170/hour
Mobilization $4.00/mile
All -terrain drill rig Cost + 20%
Crew travel $80/man/hour
Special equipment (backhoe, drill bits, well supplies, etc.) Cost + 20%
Field Engineer or Geologist $90/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 $200/hour
Senior Project Manager $180/hour
Project Manager $150/hour
Senior Project Engineer/Geologist $120/hour
Project Engineer/Geologist $100/hour
Staff Engineer/Geologist $90/hour
CAD/Drafting $80/hour
Word Processing $58/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 Back Effective Jan. 1, 2020
Kumar & Associates, Inc.®
TERMS AND CONDITIONS
(Geotechnical and Environmental Engineering)
1. Invoices are due and payable upon presentation. Unpaid balance after 30 days shall be subject to a finance rate of 1.5% per
month which is an annual rate of 18.00%. Client agrees to pay interest and all costs of collection, including attorneys fees and
court costs.
2. Kumar & Associates, Inc. (K+A)'s services will be performed with the care and skill ordinarily exercised by members of the
geotechnical engineering profession under the same or similar circumstances, including the locality where services were
rendered. NO WARRANTY, EXPRESSED OR IMPLIED, IS MADE BY THE RENDERING OF CONSULTING SERVICES.
3. Inherent in K+A's dealings with clients is the confidentiality of all work performed for any client. All reports are prepared for the
exclusive use of the Client to whom it is addressed. This agreement may not be assigned without the express written consent of
K+A.
4. All recommendations and conclusions provided by K+A are subject to the adequacy and representative character of the samples
tested as indicated in the report and the comprehensiveness of the tests and observations. Quotation from our reports or use of
K+A's name is not permitted except as authorized in writing by K+A.
5. K+A will take normal precautions during site exploration to avoid damage to underground pipes, wires or other objects, including
utilizing utility location services. Due to limitations on locating such underground objects, particularly private service utilities, K+A
does not accept responsibility for damage to utilities or other underground objects. Client agrees to indemnify and hold K+A
harmless for any and all damage to underground utilities and structures. Cost of restoration, repairs or damage which results from
field operations will be the clients responsibility.
6 This agreement may be terminated by either party upon ten (10) days written notice in the event of substantial failure to perform in
accordance with the terms of this Agreement by the other party through no fault of the termination party. If this agreement is
terminated during the performance of services, K+A shall be paid for the total amount of any work which has been completed, and
shall be paid for work in progress on the basis of K+A's reasonable estimate of the portion completed prior to termination. Such
payment shall constitute total payment for services rendered. Clauses 1, 2, 3 and 8 through 14 shall survive the termination of
contract.
7. Unless otherwise stated, K+A will have access to the site for activities necessary for the performance of the services. K+A will
take precautions to minimize damage due to these activities, but have not included in the fee the cost of restoration of any
resulting damage.
8. Any claims or disputes made during design, construction or post -construction between the Client and K+A shall be submitted to
non -binding mediation for a period of 30 days. If the disputes are not resolved in 30 days, the matter may be submitted to
arbitration or litigated in the court of law, as solely determined by K+A.
9. The Client, shall, to the fullest extent permitted by law, indemnify and hold harmless K+A's officers, directors, owners, employees,
agents and subconsultant's from and against all damage, liability and cost, including reasonable attorney's fees and defense costs
arising out of or in any way connected with the performance by any of the parties above named of the services under this
agreement, except only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of K+A.
10. Client agrees that its sole remedy for negligence, breach of contract or any other claim arising out of or related to this agreement
and/or the project shall be against K+A and not against any individuals past or present employees, officers, representatives,
shareholders or owners of K+A.
11. K+A shall not be required to execute any documentation that would result in its certifying, guaranteeing or warranting the
existence of conditions whose existence K+A has not ascertained.
12. In recognition of the relative risks, rewards and benefits of the project to both the client and K+A, the risks have been
allocated such that the Client agrees that, to the fullest extent permitted by law, K+A's liability, and the liability of its past
and present officers, and employees, to the Client for any and all injuries, claims, losses, expenses, damages or claim
expenses arising out of or relating to this agreement from any cause or causes, shall not exceed $25,000 or K+A's fee,
whichever is greater. Such causes include, but are not limited to K+A's negligence, errors, omissions, strict liability,
breach of contract or breach of warranty. If, prior to signing this contract, Client makes a written request to increase this
limitation to $100,000, an additional charge of $1,000 or 5 % of the fee (whichever is greater) will be made. This limitation
of liability shall apply to and be binding upon any other party who may rely on K+A's work pursuant to this agreement.
13. All documents produced by K+A under this agreement shall remain the property of K+A, and may not be used by the Client for any
other endeavor without the written consent of K+A.
14. For geotechnical studies and observations and materials testing, K+A assumes there are no hazardous materials on the project
site. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. Therefore, K+A
and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a
renegotiation of the scope of work or termination of services. K+A and Client also agree that the discovery of unanticipated
hazardous materials may make it necessary for K+A to take immediate measures to protect public health and safety, which shall
entitle K+A to reasonable additional compensation by Client. Client also recognizes there is a risk that sampling through an
unknown contaminated zone may result in spread of contamination both on and off -site. Client waives all claims against K+A
arising from such contarninaiion, and further agrees to defend, indemnify and save K+A harmless from any claim, liability, or injury
or loss of any type arising from unanticipated hazardous materials on site.
15. Rates are subject to change 30 days from proposal date.
16. Laboratory services are considered expedited when new testing is assigned a higher priority than other testing programs in
progress.
Kumar & Associates, Inca Revised 04-20-20