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
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THIS AGREEMENT is made and entered into this St day
of a4A , 1983, by and between the County of Eagle,
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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 &
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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.
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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 $1,090.00 shall not be exceeded unless
expressly agreed to by the Owner as provided in Article
Four hereinbelow. No additional costs, expenses and /or
charges entailed by Engineer in the performance of this
Agreement shall be reimbursed by the Owner unless
expressly authorized by the Owner as the same is
provided in Article Four hereinbelow. All payments for
work done herein are contingent upon the satisfactory
progress of the work and the work itself being
satisfactory to the Owner.
3.3 The acceptance by Engineer of any final payment made
pursuant to this Agreement shall constitute a full and
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a
complete release of the Owner from any and all claims,
demands and causes of action whatsoever which Engineer,
its successors or assigns have or may have against the
Owner under the provisions of this Agreement, except as
otherwise provided for herein.
ARTICLE 4. ADDITIONAL WORK.
In the event the Owner requests in writing that
Engineer perform work over, above, and beyond the Scope
of Work described in this Agreement, then Engineer
shall be paid for such additional work as provided.
Additional work, for which additional compensation
shall be allowed, includes, but is not limited to, the
following: �� /fie$ .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
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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'
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® 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.
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7.6
7.7
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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
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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
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EXHIBIT "n"
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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