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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