HomeMy WebLinkAboutC87-148 Agreement with MacKown Surveying'187-148-21 AGREEMENT (Contract for Work) T IS GREEMENT is entered into this & � day of 1987, by and between The County of Eagle, State of Colorado, by and through its Board of County Commis- sioners (hereinafter referred to as "the County"); and MacKown Surveying & Engineering, Inc., (hereinafter referred to as "Engineer"). WHEREAS, the County intends to construct a realignment of Trough Road from approximately the west line of Section 25 to approximately Mile Post 2 on the existing roadway; and WHEREAS, the County desires to engage the services of Engineer for geological investigation, preliminary design, and surveying services. NOW, THEREFORE, it is agreed as follows: ARTICLE I. SERVICES Engineer shall provide the following services: A. Gather all available information such as base topographic mapping, soil conservation mapping, and working maps previously prepared by the County. After reviewing this information, Engineer shall meet with County staff to finalize the design criteria. B. Perform a route feasibility analysis comparing the route suggested by the County with alternate routes. As a part of the feasibility analysis, Engineer shall conduct a geological field reconnaissance investigation to determine general slope stability and excavation difficulties with sub -consultant geologist, Nicholas Lampiris of Banner Associates, Inc. No soil testing, inspection during construction or subsurface investigations are to be performed. If, in the opinion of the geologist, additional testing and/or investigations are required, they shall be done under separate contract. C. Locate necessary aliquot section corners in Sec- tions 24 and 25, Township 2S, Range 83 West of the Sixth Principal Meridian, in order to reference the section lines and centerline alignment. Engineer shall also locate physical features in order to orient the existing Eagle County topo- graphic map to the control network. D. Prepare a preliminary plan for review with the County staff and BLM. After concurrence on the alignment, Engineer shall stake the alignment in the field and refine the alignment based on field review by the County staff and BLM. E. Prepare a BLM permit application. F. Provide final construction plans including ties to section corners along the aliquot section lines, typical cross-section, culvert design and installation details, quantities, mass diagram, centerline geometrics, and super - elevation criteria. Except as otherwise agreed, based on preliminary design reviews the design criteria will be in conformance with the following: Design speed - 40 mph. Superelevation - 6% maximum tables. Roadway width - ultimate 22 -ft. of 4 -ft. shoulders. Ditches - 2 -1/2 -ft. deep 2 -to -1 or flatter backslopes. Fill slopes - 2 -to -1 or geologist. Cut slopes - 2 -to -1, or as gist. pavement with with 3 -to -1 foreslopes and as recommended by the recommended by the geolo- Finished shoulder to subgrade shoulder - 3 -to -1. Curve widening - per CDOH & AASHTO. Curves - spiral transitions per CDOH & AASHTO. General - AASHTO Local Streets & Roads Criteria. G. Provide initial slope staking at 100 -feet intervals for the realignment of the roadway. Engineer shall establish survey control network with benchmarks at approximately 1000 -feet intervals. ARTICLE II. COMPLETION OF WORK All work must be completed by November 1, 1987. The determination of the diameter, material, and approximate length of cross culverts will be complete by October 1, 1987, so that County may order the culvert materials. ARTICLE III. COUNTY'S REPRESENTATIVE The Eagle County Engineer, or in his absence the Eagle County Road and Bridge Supervisor, or in their absence, the Eagle County Public Works Director, is designated as the County's representative for purposes required in the Agreement Documents. -2- a' ARTICLE IV. AGREEMENT PRICE The County shall pay Engineer for performance of the work in accordance with the Agreement Documents, by Eagle County Warrant, the total price of Thirty-two Thousand Nine Hundred Dollars ($32,900.00). ARTICLE V. MANNER OF PAYMENT During the term of this contract, monthly partial pay- ments based on the billings of- Engineer are permissible. The amount of all such partial payment shall be based upon Engin- eer's progress reports and billings covering the status of Services, and the percentages of the whole that have been accomplished. Payments shall be made by Eagle County warrant within thirty days of receipt of the monthly invoice. ARTICLE VI. ENGINEER'S REPRESENTATIONS Engineer has familiarized himself with the nature and extent of the contract documents, work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the work. ARTICLE VII. AGREEMENT DOCUMENTS The Agreement Documents which comprise the entire agree- ment between the County and Contractor are attached to this Agreement, made a part hereof and consist of the following: This Agreement. There are no Agreement Documents other than those listed above in this Article VI. The Agreement Documents may be altered, amended or repealed only by a modification in writing signed by Engineer and the Board of County Commissioners. ARTICLE VIII. INSURANCE The Engineer shall purchase and maintain during the term of this Agreement insurance in the following types and cover- ages protecting him from claims which may arise out of or result from the Engineer's operations under this Agreement, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. A. Workmen's Compensation shall be carried, including coverage for disability, for all persons performing services under this Agreement. -3- B. General Liability Coverage shall be carried in the minimum amount of $400,000 for coverage of claims for damages arising from the performance of services under this Agreement, including but not limited to personal injury or death, property damage, and other damages imposed by law upon the Engineer and each subcontractor with respect to all work performed by them. C. Comprehensive Motor Vehicle Insurance shall be carried in the minimum amounts of $150,000/$500,000 for bodily injury, and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. D. Subcontractor's Insurance: Before permitting any of his sub -consultants to perform any work under this Agreement, Engineer shall either (1) require each of his sub -consultants to procure and maintain, during the life of his subcontract, insurance which meets the requirements for the Engineer herein, or (2) provide for insurance of the Subcontractor in Engineer's own policy in the amounts required hereinabove. E. Errors and Omissions Insurance: Not required. F. Certificates of Insurance: Certificates of Insurance acceptable to the County Attorney shall be filed with the County Attorney's Office prior to commencement of the work. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given the County. Engineer shall not permit any of his sub -consultants to start work until all required insurances have been obtained and the certificates with the proper endorsements have been filed with the Engineer and the County Attorney. Failure of the Engineer to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. ARTICLE IX. MISCELLANEOUS A. No assignment by a party hereto of any rights under or interest in the Agreement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the -4- assignor from any duty or responsibility under the Agreement Documents. B. Owner and Engineer each binds himself, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement Documents. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in duplicate. One counterpart each has been delivered to County and Engineer. Fv./ N THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OP—,-�NTY COMMISSIONERS By.'-- _AaL By:— lerk of the Board of R_: County Commissioners Address for ctivihg Eagle County At P.O. Box 850 Eagle, Colorado (303) 328-7311 -5- es: 's Office 81631 THE ENGINEER: MacKown Surveying & Engineering, Inc. aolzp— i #76r, �(Uwl-,� Mame: John L. MacKown itle: ©G.r Address for giving notices: P.O. Box 323 Eagle, Colorado 81631 (303) 328-7208 STATE OF COLORADO ) ss: County of Eagle ) Theloregoing was acknowledged before me this �5 day of 1987, by John L. MacKown, as p� of MacKown Surveying & Engineering, Inc. My commission expires: l 9D 0 otary Public PRODUCER G & M Insurance Box 235 Eagle, Colo. 81631 INSURED John MacKown dba MacKown P.O. Box 323 Eagle, Co 81631 DATE (MM/DDi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE _ Transamerica Ins. Co CNA Ins Co THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. APOLICY COMPANY POLICY NUMBER EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) LETTER EACH OCCURRENCE COMPANY LETTER DATE (MM/DD/YY) _ COMPANY C LETTER Surveying & Engineering COMPANY 19243787 4-30-8`: -88 LETTER $ $ COMPANY PREMISES/OPERATIONS LETTER Transamerica Ins. Co CNA Ins Co THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. APOLICY TYPE OF INSURANCE POLICY NUMBER EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE DATE (MM/DD/YY) _ GENERAL LIABILITY COMPREHENSIVE FORM 19243787 4-30-8`: -88 BODILY INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION PRODUCTSICOMPLETED OPERATIONS OPERATIONS CONTRACTUAL COMBINED $ 1,000 $ 1,000 INDEPENDENT CONTRACTORS N BROAD FORM PROPERTY DAMAGE PERSONAL INJURY GSE GOV PERSONAL INJURY $ AUTOMOBILE LIABILITY 80LY ANY AUTO PERRY (PER PERSON) $ ALL OWNED AUTOS (PRIV. PASS.) BMILY OTHER THAN ALL OWNED AUTOS pRIV. PASS. NJURY )PER ACCIDENT) $ HIRED AUTOS PROPERTY NON -OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI& PD COMBINED $ EXCESS LIABILITY UMBRELLA FORM OIOM8INED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTDRY $ (EACH ACCIDENT) AND $ (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE -EACH EMPLOYEE) OTHER B Architects/Engine rs $400 $5000 Deduct. 8-18-87 8-18-88 LJCOI MR JJUIN Ur Urr-MMI IUJNO/LUL.A I IUNWVtt11GLtWbVtLAAL IItMJ r c°o �i�o�3i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL %a DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 00169P 1 /CERTIFICATE OF INSURANCE � �J F 0L`' issued by the STATE COMPENSATION INSURANCE FUND 950 BROADWAY \% V i_#�' •.,.�"'�� ���'� DENVER. COLORADO 80203 PHONE ( 303) 866-3547 TO WHOM IT MAY CONCERN: This is to certify that this department has issued a Standard Workmen's Compensation and Employer's Liability Policy as described below covering the liability imposed upon subject employers by the Work- men's Compensation Act of Colorado, said policy being in good standing as of this date. 6/18/87 POLICY NUMBER 184619 2 POLICY PERIOD 5/01/87 TO 5/01/88 INSURED: JOHN L MACKOWN DBA MACKOWN SURVEYING 6 ENGINEERING P 0 BOX 323 EAGLE CO 81631 DATE OF ORIGINAL ISSUE: 5/14/86 THE FOLLOWING OWNERS OR PARTNERS ARE COVERED UNDER THIS POLICY FOR THE PERIOD INDICATED BELOW. IND JOFN MACKOWN 05/01/87-05/01 /88 I4PORTANT •.•M•_Y•*•J.•hh•ti =.` THIS COVERAGE MAY CHANGE i WITHIN THE NEXT THIRTY (30) DAYS. CHECK WITH :r THE REPRESENTATIVE INDICATED BELOW. • i J..R ✓. .•.....4A J. .ti. Jl•� J.f .i. ✓.A1.1..I.h J. J..J . .- N •.• Y •< •t'C M •.GYM •.• Y• •Y` •/••Y• •.••.• h• •.• YY V •• M Y •. All policies are subject to the following provision of the Workmen's Compensation Act with respect to cancellation: Section 8-54-114. If any employer shall be in arrears for more than twenty days in any payment required to be made by him to the State Compensation Insurance Fund as provided by this Act, he shall by virtue of such arrangement be in default of suchpayment and any policy issued to him by said Fund shall there- upon be cancelled without notice as of the effective date or renewal date of said policy. STATE COMPENSATION INSURANCE FUND BERTHA CHAVEZ INSURANCE REPRESENTATIVE '_'= FOR ADDITIONAL COPIES. THIS CERTIFICATE MAY BE REPRODUCED. Y* At i-rraaa:r w [?c•nnl wT1Awt LAST PAGE 2 CE3-1 Description of Vehi VEH YEAR TRADE NAME 05 82 CHEV Q6 86 DODGE MODEL I BODY TYPE CARAVAN LE IVAN MILEAGE IDENTIFICATION NUMBER 12000 1GCEK14H4CF381505 10000 2B4FK51G7GR810123 VEH USE . WORK/SCHO( VEH 06 EAGEL CO 81631 This policy provides ONLY those coverages for which Mines Da r SYM VEH Wa Weel 9 W 01 5 8 P AM[7uN s AMOfJN $ The Vehicle(s) described herein is principally garaged at the above address unless otherwise stated.I* W/C=Work/School; B=Business; F=Farm; P=Please VEH 05 EAGEL CO 81631 VEH 06 EAGEL CO 81631 This policy provides ONLY those coverages for which VEH VEH VEH VEH a premium is shown below. 05 _6 -MONTH D=DEDd PREMIUM 061 6 -MONTH D3 DED PREMIUM D=DED, PREMIUM D=DED> PREMIUM COVERAGES LIMITS OF LIABILITY ("ACV" MEANS ACTUAL CASH VALUE) AMOulV` $ AM[7uN s AMOfJN $ AmOUN $ PART A - LIABILITY BODILY INJURY EA PER $ 300,00 EA ACC $ 500,OOC 59.77 59.7 PROPERTY DAMAGE EA ACC $100,00C,29.31 29.31 PART B - MEDICAL PAYMENTS EA PER $ 10,00C 2.00 1.4 PART C - UNINSURED MOTORISTS BODILY INJURY EA PER $ 300,00 EA ACC $ 500,OOC 18.50 18.5 PART D - DAMAGE TO YOUR AUTO 45 26D Inn 54 6I OTHER THAN CULL LOSS ACV LESS D 'IC COLLISION LOSS ACV LESS D 25 OTHER COVERAGES PERSONAL INJURY PROTECTION VEH 05 INCLUDES 82 LEER/CMPR -------------------------------ADJ STME PART A - BI LIAB LIMIT CHANGED VEH 05 C PART A - PD LIAB LIMIT CHANGED VEH 05'C REVISED POLICY PREMIUM.' TOTAL PRORA 61.33D 2501 95.8 REAS JN- I -------I,- PARTI C:- !UM LIMIT 22.17 HARGE. ENDORSEMENTS: ADDED 08-21-87 - NONE REMAIN IN EFFECT(REFER TO PREVIOUS POL.ICY)- 50( 5669(05) 5653(02) 5684(01) 5681(.01) 5804(( Attorney�in4act on this date AUGUST 2;5, 1987 GED VH 05 106