HomeMy WebLinkAboutWORK ORDER - RFP - 7392 CIVIL ENGINEERING DESIGN DRAFTING & SURVEY SERVICES ON-CALL (13)po T16-ts-6
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EXHIBIT'A"
WORK ORDER FORM
AGREEMENT BETWEEN THE CITY OF FORT COLLINS
AND INTERWEST CONSULTING GROUMP INC.
BID NO: 7392
Email work orders to Mike Oberlander, mobertander(a)interwestorp.com
DATE: 3/9/2015
REQUESTED BY: Doug Groves
BILL TO (name, address, zip): Doug Groves,
EMAIL ADDRESS: degroves(o)fcgov.com
WORK ORDER NO: STS 2015-99
PHONE NUMBER: 970-222-0596
DEPARTMENT: Streets
PROJECT TITLE/DESCRIPTION: Stormwater Management Plan (SWMP) 1380 Hoffman Mill Road
SCOPE OF SERVICES:
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COMMENCEMENT DATE: March 16, 2015
CITY OF FORT COLLINS:
COST: $5,600.00
COMPLETION DATE: May 1 2-015
DATE: 3/9/2015
Interwest Consulting Group Inc. agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Services Agreement between parties. In the
event of a conflict between or amblguity In the terms of the Services Agreement and this work order (including the
attached forms), the Services Agreement shall control.
INTERWEST CONSULTING GROUP INC:
BY: �_' DATE:
3 f
CC: Purchasing; the attached form(s) consisting of 12 page(s) are hereby accepted and Incorporated herein by this reference,
and Notice to Proceed Is hereby given.
Civil Engineering Design, Drafting & Survey Services On -Call - Page 1 of 1
ATTACHMENT C - GENERAL CONDITIONS (continued)
shall be responsible for the supervision and
performance of all subconsultants which are to
perform hereunder. CONSULTANT shall not be
responsible for the supervision of employees,
agents or other parties working for the CLIENT.
4.2 Insurance
4.2.1 Upon request from CLIENT,
CONSULTANT shall furnish CLIENT a certificate
of insurance upon request showing amounts and
types of insurance carried by CONSULTANT,
which certificate shall contain a commitment by the
Insurance Company that during the time any work
is being performed by CONSULTANT under this
AGREEMENT it will give CLIENT ten (10) days
notice of cancellation or change in the insurance
coverage shown on such certificates.
4.3 Successors and Assigns
4.3.1 CLIENT and CONSULTANT each
binds itself and its partners, successors, executors,
administrators, assigns, and legal representatives to
the other party to this AGREEMENT and to the
partners, successors, executors, administrators,
assigns, and legal agreements and obligations of this
AGREEMENT.
4.3.2 Neither CONSULTANT nor
CLIENT shall assign or transfer any rights under or
interest in (including, but without limitation,
moneys that may become due or moneys that are
due) this AGREEMENT without the written
consent of the other party, except as stated in
paragraph 4.3.1 and except to the extent that the
effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any
written consent to an assignment, no assignment
will release or discharge the assignor from any duty
or responsibility under this AGREEMENT.
Nothing contained in this paragraph shall prevent
CONSULTANT from employing such independent
consultants, associates, and subconsultants as it
may deem appropriate to assist in the performance
of services hereunder.
4.3.3 Nothing herein shall be construed
to give any rights or benefits hereunder to any one
other than CLIENT and CONSULTANT except as
otherwise provided herein.
4.4 Compliance with Law
4.4.1 CONSULTANT shall comply with,
and cause its subconsultants to comply with,
applicable Federal, state, and local laws, orders,
rules and regulations relating to the performance
of the services CONSULTANT is to perform
under this AGREEMENT.
4.4.2 Neither the CONSULTANT nor the
CONSULTANT's agents or employees shall
discriminate against any employee or applicant for
employment to be employed in the performance of
this AGREEMENT with respect to hiring, tenure,
terms, conditions, or privileges of employment,
because of race, color, religion, sex or national
origin.
4.5 Ownership and Reuse of Documents
4.5.1 All drawings, specifications, test
reports, and other materials and work products
which have been prepared or furnished by CLIENT
prior to this AGREEMENT, shall remain CLIENT's
property. CLIENT shall make available to
CONSULTANT copies of these materials as
necessary for the CONSULTANT to perform the
services requested hereunder. CONSULTANT
may use such information in performing its services
and is entitled to rely upon the accuracy and
completeness thereof.
4.5.2 All drawings, specifications, test
reports, and other materials and work products,
including computer aided drawings, designs, and
other data filed on electronic media which will be
prepared or furnished by CONSULTANT (and
CONSULTANT's independent professional
associates and subconsultants) under this
AGREEMENT, are instruments of service in
respect to the Project and CONSULTANT shall
retain an ownership and property interest therein
whether or not the Project is completed.
CONSULTANT shall retain all common law,
statutory or other reserved rights, including the
copyright thereto. CLIENT may make and retain
copies for information and reference in connection
with the use and the occupancy of the Project by
CLIENT and others; however, such documents are
not intended or represented to be suitable for
reuse by CLIENT or others on extensions of the
Project or on any other project.
4.5.3 CONSULTANT makes no
warranty as to the compatibility of computer data
files with computer software and software releases
Initial Page 3
ATTACHMENT C - GENERAL CONDITIONS (continued)
other than that used by CONSULTANT in
performing services herein, and to the condition or
availability of the computer data after an
acceptance period or thirty (30) days from delivery
to CLIENT. Any reuse without written verification
or adaptation by CONSULTANT for the specific
purpose intended will be at CLIENT's sole risk and
without liability or legal exposure to
CONSULTANT or to CONSULTANT's
independent professional associates or
subconsultants, and CLIENT shall indemnify and
hold harmless CONSULTANT's independent
professional associates and subconsultants from all
claims, damages, losses, and expenses including
attorneys' fees arising out of or resulting
therefrom. Any such verification or adaption will
entitle CONSULTANT to further compensation at
rates to be agreed upon by CLIENT and
CONSULTANT.
4.6 Severability
If any of the provisions contained in this
AGREEMENT are held for any reason to be invalid,
illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability will not
affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained
herein.
4.7 Location of Underground Utilities
It shall be the CLIENT's responsibility to locate and
physically mark all underground utilities and
structures which lie within the work area prior to
the start of subsurface investigations. If the
CLIENT elects not to assume this responsibility,
CLIENT shall notify CONSULTANT and shall
compensate CONSULTANT for all costs
associated with locating and physically marking said
underground utilities and structures according to
CONSULTANT's project billing rates, over and
above the estimated project fee. CLIENT shall
indemnify and hold CONSULTANT harmless from
any damages and delays resulting from unmarked
or improperly marked underground utilities and
structures, even if CONSULTANT arranges for
this service on behalf of CLIENT. For reasons of
safety CONSULTANT will not begin work until
this has been accomplished.
4.8 Subsurface Investigations
In soils, foundation, ground water, and other
subsurface investigations, the actual characteristics
might vary significantly between successive test
points and sample intervals and at locations other
than where observations, exploration, and
investigations have been made. Because of the
inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions
may occur that could affect Project cost and/or
execution. These conditions and cost/execution
effects are not the responsibility of the
CONSULTANT.
4.9 CONSULTANT's Personnel at Pro*ect
Site
4.9.1 The presence or duties of the
CONSULTANT personnel at a Project site,
whether as onsite representative or otherwise, do
not make the CONSULTANT or its personnel in
any way responsible for those duties that belong to
the CLIENT and/or the construction contractors
or other entities, and do not relieve the
construction contractors or any other entity of
their obligations, duties, and responsibilities,
including, but not limited to, all construction
methods, means, techniques, sequences, and
procedures necessary for coordinating and
completing all portions of the construction work in
accordance with the project documents and any
health or safety precautions required by such
construction work. The CONSULTANT and its
personnel have no authority to exercise any
control over any construction contractor or other
entity or their employees in connection with their
work or any health or safety precautions and have
not duty for inspecting, noting, observing,
correcting, or reporting on health or safety
deficiencies of the construction contractor or
other entity or any other persons at the site except
CONSULTANT's own personnel.
4.9.2 The presence of CONSULTANT's
personnel at a construction site is for the purpose
of providing to CLIENT a greater degree of
confidence that the completed work will conform
generally to the project documents and that the
integrity of the design concept as reflected in the
project documents has been implemented and
preserved by the contractor(s). CONSULTANT
neither guarantees the performance of the
contractor(s) nor assumes responsibility for
contractor(s)' failure to perform their work in
accordance with the project documents.
Initial Page 4
ATTACHMENT C - GENERAL CONDITIONS (continued)
4.10 Opinions of Cost. Financial
Considerations and Schedules
Since CONSULTANT has no control over the cost
of labor, materials, or equipment, or over the
contractor's method of determining prices, or over
competitive bidding or market conditions, any
opinions of probable construction cost provided by
CONSULTANT are to be made on the basis of
experience and qualifications. These opinions
represent the judgement of CONSULTANT;
however, the CONSULTANT cannot and does not
guarantee that proposals, bids, or construction
costs will not vary significantly from opinions of
probable cost. If the CLIENT wishes greater
assurance as to likely construction cost, the
CLIENT shall employ an independent cost
estimator.
4.11 Disposition of Samples and Equipment
4.1 I.1 Disposition of Samples - No
samples and/or materials will be kept by
CONSULTANT longer than thirty (30) days after
submission of the final report unless agreed
otherwise.
4.11.2 Hazardous or Potentially
Hazardous Samples and Materials - In the
event that samples and/or materials contain or are
suspected to contain substances or constituents
hazardous or detrimental to health, safety or the
environment as defined by federal, state, or local
statutes, regulations or ordinances,
CONSULTANT will, after completion of testing,
return such samples and materials to CLIENT.
CLIENT agrees to pay all costs associated with the
storage, transportation, and disposal of samples
and materials. CLIENT recognizes and agrees that
CONSULTANT at no time assumes title to said
samples and materials, and shall have no
responsibility as handler, generator, transporter, or
disposer of said samples and materials.
4.11.3 Contaminated Equipment -All
laboratory and field equipment contaminated in
CONSULTANT's performance of services will be
cleaned at CLIENT's expense. Contaminated
consumables will be disposed of and replaced at
CLIENT's expense. Equipment (including tools)
which cannot be reasonably decontaminated shall
become the property and responsibility of CLIENT.
At CLIENT's expense, such equipment shall be
delivered to CLIENT. CLIENT agrees to pay
CONSULTANT the fair market value of any such
equipment which cannot reasonably be
decontaminated and is delivered to CLIENT
pursuant to this AGREEMENT.
4.12 Discovery of Unanticipated Pollutant
and Hazardous Substance Risks
4.12.1 If CONSULTANT, while
performing services, discovers pollutants and/or
hazardous substances that pose unanticipated risks,
it is hereby agreed that the scope of services,
schedule, and the estimated cost of
CONSULTANT's services will be reconsidered
and that this AGREEMENT shall immediately
become subject to renegotiation or termination.
4.12.2 In the event that the AGREEMENT
is terminated because of the discovery of pollutants
and/or hazardous substances posing unanticipated
risks, it is agreed that CONSULTANT shall be paid
for its total charges for labor performed and
reimbursable charges incurred to the date of
termination of this AGREEMENT, including, if
necessary, any additional labor or reimbursable
charges incurred in demobilizing.
4.12.3 Client also agrees that the
discovery of unanticipated pollutants and/or
hazardous substances may make it necessary for
CONSULTANT to take immediate measures to
protect health and safety. CONSULTANT agrees
to notify CLIENT as soon as practically possible
should unanticipated pollutants and/or hazardous
substances be suspected or encountered. CLIENT
authorizes CONSULTANT to take measures that
in CONSULTANT's sole judgement are justified to
preserve and protect the health and safety of
CONSULTANT's personnel and the public.
CLIENT agrees to compensate CONSULTANT for
additional cost of taking such additional
precautionary measures to protect employees' and
the public's health and safety. This section is not
intended to impose upon CONSULTANT any
duties or obligations other than those imposed by
law.
4.13 Established Business Relationship
CLIENT acknowledges that there is an Established
Business Relationship between CLIENT and
CONSULTANT, and hereby grants
CONSULTANT permission to submit information
Initial Page 5
ATTACHMENT C - GENERAL CONDITIONS (continued)
via facsimile or e-mail to CLIENT's equipment and
employees.
4.14 Changed Conditions
If during the term of this Agreement, circumstances
or conditions that were not originally
contemplated by or known to the CONSULTANT
are revealed, to the extent that they affect the
scope of services, compensation, schedule,
allocation of risks or other material terms of this
Agreement, CONSULTANT may call for -
renegotiation of appropriate portions of this
Agreement. The CONSULTANT shall notify the
CLIENT of the changed conditions necessitating
renegotiation, and the CONSULTANT and the
CLIENT shall promptly and in good faith enter into
renegotiation of this Agreement to address the
changed conditions. If terms cannot be agreed to,
the parties agree that either party has the absolute
right to terminate this Agreement in accordance
with this Agreement.
4.15 Timeliness of Performance
The CLIENT and the CONSULTANT are aware
that many factors outside the CONSULTANT'S
control may affect the ability to complete the
services to be provided under this Agreement.
CONSULTANT will perform these services with
reasonable diligence and expediency consistent
with sound professional practices.
V. Professional Responsibility
Amendments to Section 5, if any are included in
ATTACHMENT C.
S. I Standard of Care
CONSULTANT will strive to perform services in a
manner consistent with that level of care and skill
ordinarily exercised by members of the profession
currently practicing in the same locality under
similar conditions.
5.2 Limitation of Liability
CLIENT and CONSULTANT have discussed the
risks, rewards and benefits of the project and
CONSULTANT's total fee for services. The risks
have been allocated such that the CLIENT agrees
that, to the fullest extent permitted by law,
CONSULTANT's total liability to CLIENT for any
and all injuries, claims, losses, expenses, damages or
claims expenses arising out of this agreement from
any cause or causes shall not exceed the total
amount of $50,000, or the total fee paid to
CONSULTANT. Such causes include but are not
limited to design professional's negligence, errors,
omissions, strict liability, breach of contract and
breach of warranty. CLIENT understands that
dollar limits higher than that indicated above are
available. If CLIENT wishes to discuss these other
limits and their impact on CONSULTANT's fee,
CLIENT should contact CONSULTANT prior to
executing this AGREEMENT.
5.3 No Special or Consequential Damages
CLIENT and the CONSULTANT agree that to the
fullest extent permitted by law the CONSULTANT
shall not be liable to CLIENT for any special,
indirect or consequential damage whatsoever,
whether caused by the CONSULTANT's
negligence, errors, omissions, strict liability, breach
of contract, breach of warranty, or other cause or -
causes.
5.4 Indemnification
To the fullest extent permitted by law, CLIENT
agrees to defend, indemnify, and hold
CONSULTANT, it agents, subconsultants, and
employees harmless from and against any and all
claims, damages, losses and expenses, defense costs
including attorneys' fees, and court arbitration
costs and other liabilities arising out of or resulting
from, wholly or in part, the performance of
CONSULTANT's services hereunder, including the
transport or disposal of hazardous samples or
contaminated equipment by CONSULTANT on
behalf of CLIENT, or the presence, release, or
threatened release of asbestos, hazardous
substances, or pollutants on or from the project
property; provided that CLIENT shall not
indemnify CONSULTANT against liability for
damages or expenses to the extent caused by the
negligence of CONSULTANT, its agents,
subcontractor, or employees.
5.5 No Third Party Beneficiaries
5.5.1 CLIENT and CONSULTANT
expressly agree that AGREEMENT does not confer
upon any third party any rights as beneficiary to this
AGREEMENT. CONSULTANT accepts no
responsibility for damages, if any, suffered by any
Initial Page 6
ATTACHMENT C - GENERAL CONDITIONS (continued)
third party as the result of a third patty's use of the
work product, including reliance, decisions, or any
other action taken based upon it. CLIENT agrees
that the CONSULTANT's services and work
products are for the exclusive present use of
CLIENT. CLIENT agrees that CONSULTANT's
compliance with any request by CLIENT to address
or otherwise release any portion of the work
product to a third party, shall not modify, rescind,
waive, or otherwise alter provisions of this
AGREEMENT nor does it create or confer any
third party beneficiary rights on any third party.
5.5.2 CONSULTANT understands that
under some circumstances, CLIENT may require a
reliance letter for project financing.
CONSULTANT has the right to review and reject
any reliance letter language, and the right to limit
our liability to any third party involved in the
project. As a condition of CONSULTANT
providing a reliance letter to a third -party lender,
CLIENT agrees, to the fullest extent permitted by
law, to defend, indemnify, and hold
CONSULTANT, it agents, subconsultants, and
employees harmless from and against any and all
claims, damages, losses and expenses, defense costs
including attorneys' fees, and court arbitration
costs and other liabilities arising out of or resulting
from, wholly or in part, CONSULTANT providing
such a letter.
VI. Governing Law
This AGREEMENT is to be governed by the laws of
the State of Colorado.
Initial Page 7
February 5, 2015
Michael Oberlander, PE, LEED AP
Interwest Consulting Group
1218 Ash Street, C
Windsor, CO 80550
Via email: moberlander@interwestgrp.com
Subject: Proposal to Complete a Stormwater Management Plan (SWMP) and Sand and Gravel Mining
and Processing Stormwater Permit Application, Crushing Facility, 1380 Hoffman Mill Road,
Fort Collins, Colorado 80524
Dear Mr. Oberlander:
Pinyon Environmental, Inc. (Pinyon) is pleased to present this proposal to complete a Stormwater Management
Plan (SWMP) and Sand and Gravel Mining and Processing Stormwater Permit (COR340000) application as
regulated by the Colorado Department of Public Health and Environment (CDPHE), Water Quality Division,
for the above -referenced facility (Site). It is Pinyon's understanding that the SIC Code for the Site is 1499 and,
therefore, stormwater discharges at the facility are regulated under the Sand and Gravel Stormwater Permit.
The scope of services and schedule details for the proposed project are outlined in Attachment A.
Pinyon estimates the cost to complete this project, in accordance with the outlined services, will be $5,192
(Table 1). Pinyon will invoice on a time and materials basis, in accordance with the attached Schedule of Unit
Rates (Attachment B). The authorized amount will not be exceeded without prior approval.
Pinyon will complete the proposed services within three weeks provided site access is obtained within three
days of project authorization. This schedule assumes use of standard laboratory turn -around. The project
may be completed in less time; however, additional fees may be incurred (Table 1).
To authorize the outlined scope of services, please sign and return one full copy of the attached Consulting
Services Agreement, including the General Conditions (initial all pages) and this cover letter. Should you have
any questions or require additional information, please do not hesitate to call. Thank you for considering
Pinyon for your environmental consulting needs.
Sincerely,
PINYON ENVIRONMENTAL, INC.
Scott L. Fanello, E.I.T.
Environmental Engineer
cc: Karlene Thomas, P.E., Pinyon
File Location: C:\Users\thomas\Documents\Pinyon\proposals\City of Fort Collins\Fort Collins Industrial SWMP.docx
Corporate Headquarters
I, 9100 West Jewell Avenue, Suite 200 Lakewood, CO 80232
TEL 303 980 5200 FAX 303 980 0089
fth www.pinyon-env.com
Task la — Conduct a Site visit
Pinyon will visit the Site to gain an understanding of the following:
• Facility operations
• Exterior storage practices
• Potential pollutant sources
• Structural and non-structural best management practices (BMPs) or control measures
• Topography, surface waters, receiving water, facility and surrounding area hydrology including
locations of stormwater inlets and outfalls
• Sources of run-on stormwater
• Facility details needed for the SWMP Site map
• Spill/release history (as applicable)
Task I a— Create a Stormwater Management Plan (SWMP)
Pinyon will draft a SWMP that complies with the Appendix B requirements of the Sand & Gravel Mining &
Processing Storm Water Permit (COR340000) Application.
At a minimum, the SWMP will contain:
• Site Map
o Site boundaries
o Access and haul roads
o Stormwater outfalls and an outline of the drainage area of each stormwater outfall
o An estimate of the direction of flow
o Materials handling areas
o Each existing structural control measure to reduce pollutants in stormwater runoff
o Areas used for storage or disposal of overburden, materials, soils or wastes
o Areas used for mineral milling and processing
o Springs, streams, wetlands and other surface waters
o Location of mine drainage or any other process water
o Boundary of tributary area that is subject to effluent limitations
o Date the map was prepared
• Description of Potential Pollutant Sources/Material Inventory
• Stormwater Quality Controls
o Name and Contact for the SWMP Administrator
o Materials Handling and Spill Prevention
o Erosion and Sediment Control Best Management Practices (BMPs)
o Identification of Discharges other than Stormwater
• BMP Implementation and Design Standards
• Consistency with Other Plans
• Facility inspection and reporting requirements
Other sections may be added as needed.
Task 2 - Sand & Gravel Mining & Processing Storm Water Permit Application
Pinyon will complete the application and recent application supplement for a Sand & Gravel Mining & Processing
Storm Water Permit. The SWMP is one of the requirements of the permit application.
wo
CONSULTING SERVICES AGREEMENT
Client:
Interwest Consulting Group
Address:
1218 Ash Street, C
Windsor, CO 80550
Phone:
970.460.8471
Fax:
Email:
moberlander@interwestgrp.com
Client Contact:
Michael Oberlander, PE, LEED AP
PROJECT DESCRIPTION
Site Name:
Crushing Facility
Site Location:
1380 Hoffman Mill Road, Fort Collins, Colorado 80524
Scope of Work:
Service Type
Fee:
$5,192.00
The following
attachments are hereby made a part of this AGREEMENT:
[X]
Pinyon Environmental, Inc. Proposal dated February 6, 20IS.
[X]
Table I — Summary of Estimated Costs
[X]
Attachment A — Scope of Work
[XJ
Attachment B - 2015 Schedule of Unit Rates
[XJ
Attachment C — General Terms and Conditions
Interwest Consulting Group
Pinyon Environmental, Inc.
By:
By:
Title:
Title:
Date:
Date:
wo
Table I Summary of Estimated Costs
Task I - Site Visit and SWMP
Description Quantity Unit Rate Extension
Labor Rates
Senior Engineer
1.0
hour
$166.00
$166.00
Project Manager
3.0
hours
$148.00
$444.00
Project Specialist
22.0
hours
$109.00
$2,398.00
Graphics
10.0
hours
$77.00
$770.00
Word Processing/Clerical
1.0
hour
$55.00
$55.00
Equipment/Material Unit Rates
TrucklVan Mileage
160.0
miles
$0.57
$90.40
Field Visit
1.0
each
$40.00
$40.00
Task Subtotal
$3,963.40
Sand & Gravel Mining & Processing Stormwater Permit Application
Description Quantity Unit Rate
Extension
Labor Rates
Principal
0.0
hour
$187.00
$0.00
Project Manager
1.0
hour
$148.00
$148.00
Project Specialist
8.0
hours
$109.00
$872.00
Graphics
2.0
hours
$77.00
$154.00
Word Processing/Clerical
1.0
hour
$55.00
$55.00
Task Subtotal
$1,229.00
Project Total
1 $5,192.40
ATTACHMENT
SCHEDULE OF UNIT RATES
2015
ACTIVITY
RATE/HOUR
Expert Witness - Expert Witness Preparation and Deposition
$215
Principal Engineer/Scientist - QA/QC by Principal or Senior Technical Reviewer, Meetings
$187
with Regulatory and Oversight Agencies
Senior Engineer/Scientist - Remediation, Engineering Design, Investigation Design,
$166
Development of Work Plans, Database Design, Training, Industrial Hygiene
Project Manager - Project Management, Coordinates Multi -Disciplinary Teams, Response
$148
to Agency Questions, Project Meetings with Clients/Regulators
Project Specialist - Reports to Regulatory and Oversight Agencies, Preparation of
$109
Permits, GIS Library Development and Data Analysis, Technical Review of Documents
Project Engineer/Scientist - Phase I ESA Site Visits/Repotting, Interpretation of Data,
Collection of Non -Field Data, Development of Logs and Maps, Pilot Testing, Biological
and Wetland Field Mapping, Preparation of Reports to Clients, GIS Data Collection/
$105
Processing/Presentation, Asbestos Designer/Air Monitoring Specialist/Project Manager,
Technical Review of Documents
Staff II Engineer/Scientist - Soil Logging, Monitoring Well Installation Oversight, Water -
Level Surveying, Slug Tests, Field Oversight, Lead Driller, Miscellaneous Field Services,
$96
Asbestos Building Inspector
Staff I Technician - Groundwater Sampling, Sampling During UST Removals, Surveyor's
$84
Assistant
Drafting (Graphics) — AutoCad or Microstation Drafting
$77
Field Technician/Project Assistant - Maintain Field Equipment, Data Management
$70
Word Processing, Clerical
$55
LUMP SUM EQUIPMENT CHARGES
Field Visits (General Projects)
Field Visits (Wetland Delineations and Other Biology Field Activities)
Soil Logging (during drilling)
Monitoring well development
Monitoring well sampling
Asbestos Sampling Kit
Asbestos Air Monitoring Field Kit
OTHER FEES
Mileage (passenger car)
Project Initiation Fee
Outside Expenses (e.g., shipping, rental equipment, travel)
Subcontractor/Subconsultant/Laboratory Fees
Specialty In -House Equipment Billed as Indicated in Site -Specific Proposals
$40/day
$50/day or $100/week
$105/boring
$55/well
$67/wel I
$45/day
$1 10/day
Current IRS rate
$125 (flat fee)
Cost + 10%
Cost + 10%
ATTACHMENT C - GENERAL CONDITIONS
I. Services
1.1 General
Pinyon Environmental Engineering Resources, Inc.,
hereinafter referred to as CONSULTANT, shall
provide services under this AGREEMENT only
upon request of the CLIENT, and only to the
extent defined and required by the CLIENT. These
services may include the use of outside services,
outside testing laboratories, and special equipment.
1.2 Scope of Services and Fees
The Services to be performed by CONSULTANT
and the associated fee estimate are attached hereto
and made a part of this AGREEMENT as
ATTACHMENT A and shall be performed by the
CONSULTANT in accordance with the CLIENT's
requirements. It is mutually understood that the
fee estimate shown in ATTACHMENT A is on a
firm contractual amount except the total fee by the
CONSULTANT shall not exceed the estimate
unless authorized by the CLIENT. The intent of
the Scope of Work and the estimate contained in
ATTACHMENT A is to identify the Services to be
provided by CONSULTANT. However, it is
specifically understood that by written notice to
CONSULTANT, CLIENT can decrease or, with
concurrence of CONSULTANT, increase the
Scope of Work.
11. Payments
2.1 Payment for Personnel Services
2.1.1 Payment - Unless otherwise
specified in Attachment A, payment for the services
rendered by CONSULTANT's personnel shall be
based on the hours of chargeable time and in
accordance with CONSULTANT's Schedule of
Unit Rates, which is identified, attached hereto, and
made a part of this AGREEMENT as
ATTACHMENT B.
2.1.2 Chargeable Time - Chargeable
time for CONSULTANT'S personnel is that
portion of their time devoted to providing services
requested by CLIENT. Travel time from
CONSULTANT's office to an assigned work site,
and return to CONSULTANT's office, is
chargeable time; or if more economical for
CLIENT, CONSULTANT shall lodge its personnel
overnight near the work site in lieu of traveling
back to CONSULTANT's office at the end of each
work day.
2.1.3 Overtime Rates - The basis for
payment to CONSULTANT for each hour worked
in excess of forty (40) hours in any calendar week
shall be the applicable hourly rate as specified in
ATTACHMENT B.
2.2 Payment for Direct Expenses
2.2.1 Payment - Unless otherwise
specified in Attachment A, for direct Expenses
incurred by CONSULTANT, payment to
CONSULTANT by the CLIENT shall be in
accordance with CONSULTANT'S Schedule of
Unit Rates, which is identified, attached to, and
made a part of this AGREEMENT as
ATTACHMENT B.
2.2.2 Direct Expenses - For the
purposes of this AGREEMENT, Direct Expenses to
be contracted and managed by CONSULTANT
and payable by CLIENT to CONSULTANT shall
include: Outside Services including the services and
reimbursable expenses for firms other than
CONSULTANT which are necessary for the work
the CONSULTANT is directed to perform;
Laboratory Tests and related reports necessary for
the work the CONSULTANT is directed to
perform; special Equipment expenses including the
all of the costs associated with the CONSULTANT
locating, acquiring, leasing, or renting any
equipment or facilities not currently owned, leased
or rented by CONSULTANT at the time of the
request for services which are necessary to enable
CONSULTANT to provide the services requested;
vehicles furnished by CONSULTANT for
CONSULTANT's field personnel on or near the
Project site, for each day of field assignment away
from CONSULTANT's Office; and Other Direct
Expenses associated with all services provided
hereunder and identified in ATTACHMENTS A and
B.
2.3 Payment Conditions
2.3.1 CONSULTANT shall submit
monthly invoices for all personnel services and
direct expenses under this AGREEMENT and a final
invoice upon completion of services.
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ATTACHMENT C - GENERAL CONDITIONS (continued)
2.3.2 Invoices are due and payable upon
receipt by CLIENT. Interest at a rate of 1.5% per
month, or the maximum allowed by law, will be
charged on all past -due amounts starting thirty (30)
days after date of invoice. Payments will first be
credited to interest and then to principal.
2.3.3 In the event of a disputed or
contested invoice, only that portion so contested
will be withheld from payment and the CLIENT will
pay the undisputed portion. No interest will accrue
on any reasonably contested portion of the invoice
until mutually resolved.
2.3.4 If CLIENT fails to make payment in
full to CONSULTANT within sixty (60) days after
the date of the undisputed invoice, CONSULTANT
may after giving seven (7) days written notice to
CLIENT, suspend services under this AGREEMENT
until paid in full, including interest. CONSULTANT
shall have no liability to CLIENT for delays or
damages caused by such suspension of services.
2.2.5 If CLIENT fails to make payment in
full to CONSULTANT within thirty (30) days as
provided for herein, then CLIENT agrees that
CONSULTANT shall be entitled to all reasonable
costs and expenses of collection (pre -and post -
judgment) including reasonable attorneys' fees. If
CLIENT fails to make payment in full to
CONSULTANT within sixty (60) days after the
date of the undisputed invoice, CONSULTANT
will initiate filing a lien on the property
2.3.6 The billing rates specified in
ATTACHMENT B for subsequent years shall be
adjusted annually in accordance with
CONSULTANT's costs of doing business, subject
to CLIENT's review and concurrence.
III. Term of Agreement
3.1 Term
CONSULTANT's obligations to perform under
this AGREEMENT shall extend from the date of
execution until terminated by either party.
3.2 Abandonment of Work
CLIENT shall have the absolute right to abandon
any work requested hereunder or to change the
general scope of work at any time, and such action
on its part shall in no event be deemed a breach of
contract.
3.3 Termination of Agreement
This AGREEMENT may be terminated for
convenience on thirty (30) days written notice, or
for any cause if either party fails substantially to
perform through no fault of the other, and does
not commence and make a continuing effort to
effect correction of such non-performance within
seven (7) days of written notice.
3.4 Payment for Work upon Abandonment
or AGREEMENT Termination
If CLIENT abandons requested work or terminates
this AGREEMENT, CONSULTANT shall be paid
on the basis of work completed to the date of
abandonment or effective date of termination.
CONSULTANT shall perform no activities other
than reasonable wrap-up activities after receipt of
notice of abandonment or termination. Payment
for the work shall be as established under Section
2.
IV. General Considerations
4.1 Assignment and Responsibiliq for
Personnel
4.1.1 The assignment of personnel and all
phases of the undertaking of the services which
CONSULTANT shall provide hereunder shall be
subject to the oversight and general guidance of
CLIENT.
4.1.2 While upon the premises of
CLIENT or property under its control, all
employees, agents, and subconsultants of
CONSULTANT shall be subject to CLIENT's rules
and regulations respecting its property and the
conduct of its employees thereon.
4.1.3 However, it is understood and
agreed that in the performance of the work and
obligations hereunder, CONSULTANT shall be
and remain an independent Consultant and that the
employees, agents or subconsultants of
CONSULTANT shall be and remain an
independent Consultant and that the employees
agents or subconsultant of CONSULTANT shall
not be considered employees of or subject to the
direction and control of CLIENT. CONSULTANT
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