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HomeMy WebLinkAbout20 - Johnson Kunkel Engineering Services - road, water, sewer improvementsAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND JOHNSON, KUNKEL & ASSOCIATES, INC. ENGINEERING SERVICES - ROAD, WATER & SEWER IMPROVEMENTS - EAGLE COUNTY JUSTICE CENTER -5 THIS AGREEMENT is made and entered into this St day of a4A , 1983, by and between the County of Eagle, cv State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "Owner," and Johnson, Kunkel & Associates, Inc., hereinafter referred to as the "Engineer." WITNESSETH, it is the intention of the Owner to undertake the planning and construction of the Eagle County Justice Center located on approximately 10 acres in the corporate limits of the Town of Eagle, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference. WHEREAS, as part of such planning and construction, the Board desires to contract for the design and preparation of bid documents for a 700 foot road and utility extension from the eastern boundary of Chambers Avenue to service the Eagle County Justice Center. WHEREAS, the Board desires to enter into an agreement with Engineer for the aforementioned engineering services. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree hereby as follows: ARTICLE 1. SCOPE OF WORK. 1.1 The Scope of Work is as identified and set forth in the "Proposal for Engineering Services, re: Road, Water & C� C-) 12 Sewer Improvements to Criminal Justice Center" prepared 1 by the Engineer and dated May 12, 1983, hereinafter referred to as the "Contract Document." The Contract Document is by reference hereto made a part of this Agreement the same as if fully written herein. In the event of any conflict, inconsistency, or incongruity between the provisions of the Contract Document and this Agreement, the provisions contained in this Agreement shall in all respects govern and control. 1.2 In addition to the Contract Document, the Scope of Work shall include the following engineering services: a. Engineer shall submit the engineered plans and specifications prepared in accordance with this Agreement to the appropriate governmental entities, to include the Town of Eagle and the Eagle Sanitation District, for their respective review and required approvals. In the event such governmental entities require changes in the engineered plans and specifications, Engineer agrees to make the necessary revisions at no additional expense to the Owner. b. The Engineering, Design, Plans and Specifications prepared in accordance with this Agreement shall identify and include therein one stub out for the Eagle County Justice Center, one stub out for the adjacent property presently owned by the Shapiro Construction Company, and one stub out for the adjacent property presently owned by The Green Corp., and Haley and Company. C. Engineer shall investigate the need to insulate required pipes, and submit its recommendations to the Owner. -2- d. Engineer shall provide Owner twenty (20) copies of the completed plans, drawings and specifications, and bid documents prepared in accordance with this Agreement. e. All work performed by the Engineer shall be coordinated with the Owner, Kyburz Construction, Inc. (Construction Manager), and W.C. Muchow and Partners, Inc., and Walker McGough Foltz Lylerla, P.S. (Architect) . ARTICLE 2. COMPLETION DATE. Work shall be completed by Engineer on or before August 15, 1983. ARTICLE 3. COMPENSATION. 3.1 The Owner shall pay Engineer for the performance of the work specified in this Agreement an amount not to exceed One Thousand Ninety Dollars and No Cents ($1,090.00), determined as follows: Road, Water and Sewer Design . . . .$ 610.00 Plans and Documents (20 sets). . . . . 290.00 Attendance at requested meetings . . . 190.00 TOTAL: $1,090.00 3.2 Said amount of $1,090.00 shall not be exceeded unless expressly agreed to by the Owner as provided in Article Four hereinbelow. No additional costs, expenses and /or charges entailed by Engineer in the performance of this Agreement shall be reimbursed by the Owner unless expressly authorized by the Owner as the same is provided in Article Four hereinbelow. All payments for work done herein are contingent upon the satisfactory progress of the work and the work itself being satisfactory to the Owner. 3.3 The acceptance by Engineer of any final payment made pursuant to this Agreement shall constitute a full and -3- CD a complete release of the Owner from any and all claims, demands and causes of action whatsoever which Engineer, its successors or assigns have or may have against the Owner under the provisions of this Agreement, except as otherwise provided for herein. ARTICLE 4. ADDITIONAL WORK. In the event the Owner requests in writing that Engineer perform work over, above, and beyond the Scope of Work described in this Agreement, then Engineer shall be paid for such additional work as provided. Additional work, for which additional compensation shall be allowed, includes, but is not limited to, the following: �� /fie$ .4re Qs7ti�,wJ�es3.a e�&A/ ro'ies �G ti p a. Field staking . . . . . . $760.00 b. Field Inspection. . . . $480.00 C. "As built" drawings of water and sewer. . . . $230.00 ARTICLE 5. PAYMENTS. Upon completion of the work specified herein, Engineer shall submit an invoice for payment to the Owner. Payment on Engineer's invoice shall be made within thirty (30) days from the date of the Owner's acceptance and approval of the work. If payment is not made within the time specified herein, a minimum service charge of $5.00, or interest at the rate of 1.5% per month or fraction thereof shall be imposed on any remaining balance. ARTICLE 6. INSURANCE. Engineer shall, at its own cost and expense, maintain in full force and effect during the term of this Agreement, the following policy or policies of insurance. A. Professional Liability insurance covering claims arising out of errors and omissions of Engineer -4- 0 0 in relation to its Work in the sum of $250,000. Engineer's coverage under this section shall extend for a period of one (1) year after the term of this Agreement, and Engineer shall provide Owner with a Certificate of Insurance showing such coverage within thirty (30) days from the execution of this Agreement. i;. Comprehensive General Liability insurance against injury or death of person or persons or damage to or loss of property in a sum of at least $500,000 for all damages arising out of any one incident of bodily injury, including death, at any time resulting therefrom and $500,000 for all damages arising out of injury to, or destruction of property or any one incident. C. Comprehensive Automobile Liability insurance on all vehicles used in connection with the Work with minimum limits for bodily injury of $500,000 for each person and $500,000 for each accident, and property damage minimum limits of $500,000. D. Engineer shall take out and maintain during the term of this Agreement Workmen's Compensation Insurance in accordance with the provisions of the Workmen's Compensation Act of the State of Colorado, for all of his employees to be engaged in Work under this Agreement and, in case Work is subcontracted, Engineer shall require the subcontractor similarly to provide the Workmen's Compensation Insurance for all the latter's employees to be engaged in such services. E. Certificates of Insurance: All policies indicated above shall provide that the insurance(s) covered by these certificates shall not be cancelled or materially altered without giving Owner thirty days' skis 0 ® prior written notice if any policy is so cancelled. Engineer shall, prior to such cancellation, promptly obtain new insurance in keeping with the above requirements. Upon request, Engineer shall furnish Owner with a true copy of each Certificate of Insurance evidencing the coverage required by this section. ARTICLE 7. ADDITIONAL PROVISIONS. 7.1 All work shall be performed by qualified personnel under the supervision of a Registered Professional Engineer, and the engineered plans and specifications submitted shall bear such Engineer's seal and certification to that effect. Engineer further warrants that (a) it is duly licensed as an Engineer in the State of Colorado and has all necessary governmental licenses and approvals to perform Work hereunder; (b) it will utilize the highest professional standards in providing all Work hereunder; and (c) it will comply with all applicable laws, ordinances, rules and regulations (Federal, state and municipal) having jurisdiction over the Project. 7.2 All drawings, specifications, data or other material either received, developed or in the possession of Engineer regarding this Agreement shall be the property of Owner and Engineer shall have no right to retain, sell, lease, dispose of or otherwise interfere with Owner's rights. Upon termination of this Agreement or upon request of all such drawings, specifications, data or other material, they shall be returned to Owner and Engineer may retain one (1) copy of any such items for evidentiary purposes, with the express written consent of Owner. fell 7.5 7.6 7.7 C°> 01 Neither Owner nor Engineer shall delegate and /or assign its duties under this Agreement without the prior written consent of the other. Any such delegation and /or assignment shall be null and void. Owner shall have the right to terminate this Agreement at any time by giving Engineer ten days' prior written notice of termination. Upon such termination by Owner, Engineer shall be entitled to compensation for Work performed prior to such termination. The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Agreement. Any covenant, condition, or provision herein contained that is held to be invalid by an court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect any other covenant, condition,.or provision herein contained so long as such deletion does not materially prejudice the respective parties hereto and the respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. Owner acknowledges that according to Colorado law, Owner must commence any legal action based upon any defect in any survey prepared pursuant to this Agreement within six (6) years after Owner's discovery of such defect. In no event may any action based upon any defect in any such survey be commenced more than ten (10) years from the date of the certification shown on document. This Agreement contains the entire agreement between the parties and supersedes any and all prior -7- a� agreements, proposals, negotiations, and representations pertaining to the Work to be performed hereunder. No amendments or modifications of this Agreement shall be binding unless evidenced in writing and signed by and on behalf of the parties. 7.8 Engineer agrees to indemnify, defend and hold harmless Owner, its respective agents, officers, and employees of and from any and all loss, cost, damage, injury liability, claims, liens, demands, actions and causes of action whatsoever, arising out of or related to Engineer's negligent acts, errors, or that of its employees, officers, subcontractors and consultants, whether contractual or otherwise. 7.9 All covenants, conditions and provisions in this Agreement shall extend to and bind the legal representatives, successors, and assignees of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF CoKNTY COMMISSIONERS Clerk of t oard of County Commissioners By: let Davi E. Mott, Chairman P.O. Box 850 Eagle, Colorado 81631 Phone: 328 -7311 JOHNSON, KUNKEL & ASSOCIATES, INC. By : .. Ti t t/,, ce P.O. Box 409 Eagle, Colorado 81631 Phone: 328 -6368 El 0 EXHIBIT "n" f)C L LoC,ld�l, l VC'/ o t. ��11d i>>i)t :)V �' rl Un .1Unf' -' L IL11, DL .-ICr^_`; OC 45 ✓,��v�J 1);2inf, ill or' Li�llo�:;: .� 1� ci i`c) lay_ on SclIILhi l: L 71, i'r `C)LtiiU�IL' (D ]ilt'e tar ._ !tl nu:il' l-i0. 70, t'orncr Lor Cornc "r c;o 1 of ` _ /l L�e.'-1 IS 00, 01'54 ".V 41.60 L�'cL th E'nc.j _ .•, ?i`1 ol)uth' -,2 _v 1)OUn:iar" file f01i0:`Iln� ti'i0 �!} dlstances. 1) L;.65 °20'43 "L. 4L2.96 feel x;.30 °3'22 "17. 49°.91 feet departing said souther Ly boundary along the fcllo: %in, l ive ( 5) courses and dis Lances 1) S.07 °55' 04 "E. 152.21 feet 2) S.01 °40'40 "E. 205.09 feet 3) S.25 °1204 "E. 132.11 feet 4) - S_63020'48 "W. 633.43 feet 5) S.59 °24' 0 1 `101. 414.24 feet to a coins on the easterly boundary of the Eagle C07.:n2,L al Par'.; thence along said easterly boundary th,2 Loiio:.;inb Lwo (2) courses and distances: 1) S.89 °28'06 "W. 21.55 feet 2) N.00 001'53 "E. 500.96 feet thence departing said easterly boundary S.89 058'52 "E. 21.40 feet to the Witness Corner for Corner No. 1 of said Tract 68; thence i4.00 °01'54 "E 41.60 feet to the point of beginning, together with all easements and rights of way appurtenant thereto; Excepting therefrom the following described parcel_ of land to be used as a public right -of -way and containing 0.395 of an acre or 17215.8 square feet, more or less: A parcel located in Tract 70, Section 33, Tounship Cl South, Range 84 West of the Si::th Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Ran „e as ;approved on June 20, 1922; said parcel }} i;l; more particularly described, with all bearings coni_aina<J herein based on a bearin;` of N.00 °33'00 beLween the Town of Eagle Strcet' M()numenrs at Fifth �nr1 !1roaciaay and Second "Ind Bcoad:'1ay, as Lo11os'�s . r �y e � 1 .. ,_ Z .. 4 M .: i t l E ,,1 1:1 1 . I U .tWA .i POW: on rho i);lr i =Wn .is ..lip_ � 4a L .� r ac t ; A M Not-- WO • '` .l Li:il:' ;.1 ltl i�).inti,i' ,>...� .. Lho COwn" gat t t) lr;_c'L 1)L L.inll Lhunco Awn rno Norchur Ly Boundary Ot sa ir. J . y O1iJ, =ii}"W, 573.46 No V thencC' R ly-3 }M M. jo,00 i:c_,L to th2 point A beginning, ht�rcin,lCLcr r,Ecrr`.j to as Paccel D. The propmL described hereinabove excepting, tr,retro�l ParcclJ D, hereinafter rc crred to as Lhe contains 10.025 acres or 436,670.21 S CL:i _ Net, Moro 0 Less