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HomeMy WebLinkAbout23 - Chen and Associates - Solis Compacting testingAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND CHEN AND ASSOCIATES, INC. SOILS COMPACTION TESTING - EAGLE COUNTY JUSTICE CENTER, PHASE I THIS AGREEMENT is made and entered into this Is day of September, 1983, by and between the COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic, by and through its BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Board ", and CHEN AND ASSOCIATES, INC., hereinafter referred to as "Chen ". W I T N E S S E T H: WHEREAS, the Board has recently commenced construction of Phase I of the Eagle County Justice Center, hereinafter referred to as the "Project ", located on approximately 10.420 acres of land located in the Town of Eagle, County of Eagle, State of Colorado, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Kyburz Construction, Inc., hereinafter referred.to as "Kyburz ", is the construction manager /general contractor for the Project; and WHEREAS, in conjunction with and during the initial construction stages of the Project, the Board desires to contract with an engineering firm to conduct soils compaction testing and related construction observation under the general supervision and direction of Kyburz; and E ■ C� WHEREAS, after the submittal of proposals from qualified applicants, and review of such proposals and the recommendation of Kyburz, the Board desires to enter into an agreement with Chen for such soils compaction testing and related construction observation. NOW, THEREFORE, for and in consideration of the mutual covenants, conuitions, and promises contained herein, the parties hereto agree hereby as follows: SECTION ONE SCOPE OF WORK 1.1 Chen shall conduct soils compaction testing and related construction observation, using generally accepted engineering practices and standards, during the initial construction stages of the Project. The scope of work as agreed to by the parties consists of approximately 20,000 cubic yards of cut and fill at the Project's proposed building site and along an approximate 700 foot extension to Chambers Road, including installation of utilities. 1.2 Chen shall make such periodic visits to the Project site as deemed mutually necessary by Kyburz and Chen to fully and adequately conduct the aforementioned soils compaction testing and related construction observation. The scheduling of such visits shall be jointly determined by Kyburz and Chen. For purposes of this agreement, it is anticipated that the overlot grading on the Project site will be completed within a six week period, and that during such overlot grading, an estimated 3 visits per week will be required of Chen. 1.3 Chen shall prepare periodic reports detailing the results of the soils compaction testing and related construction observation conducted pursuant to this -2- agreement, and the recommendations of Chen relative thereto. Three copies of each respective report shall be submitted to Kyburz for further distribution to the Board and the Architect for the Project, W.C. Muchow and Partners, Inc., and Walker McGough Foltz Lyerla, P.S. 1.4 If unusual conditions are encountered during the soils compaction testing which is the subject of this agreement, Chen shall immediately consult with Kyburz, by and through its Project manager, Dan Feeney, for the purpose of determining the necessary corrective measures which should be taken. Kyburz shall report such recommended corrective measures to the Board for its approval and implementation. 1.5 Chen shall advise Kyburz as to any further testing and construction observation required to obtain such information as Chen deems necessary for a professional interpretation of soils compaction at the Project site, and shall perform such additional work as authorized by the Board in writing after consultation with Kyburz. The extent of additional testing and observation undertaken shall be consistent with the scope of work set forth in this agreement. 1.6 Any and all samples of rock and soil collected by Chen for purposes of this agreement shall be properly labeled and retained by Chen. Within thirty (30) days from completion of the scope of work specified herein, Chen shall deliver such samples to Kyburz for further disposition or retention by the Board. SECTION TWO COMPENSATION 2.1 The Board shall pay Chen for the performance of the work specified in this agreement an amount not to exceed -3- one thousand, nine hundred dollars and no cents ($1,900.00). The exact amount of compensation to Chen shall be determined by using an estimated amount of one hundred six dollars and no cents ($106.00) per visit to the Project site, and Chen's hourly and unit costs as set forth in the Fee Schedule and General Conditions attached hereto as Exhibit "B" and incorporated herein by t5is reference. 2.2 Said amount of $1,900.00 dollars shall not be exceeded unless expressly agreed to by the Board as provided in Section Three hereinbelow. No additional costs, expenses and /or charges entailed by Chen in the performance of this agreement shall be reimbursed by the Board unless expressly authorized by the Board as the same is provided in Section Three hereinbelow. All payments for work done herein are contingent upon the satisfactory progress of the work and the work itself being satisfactory to the Board. 2.3 The acceptance by Chen of any final payment made pursuant to this agreement shall constitute a full and complete release of the Board from any and all claims, demands and causes of action whatsoever which Chen, its successors or assigns have or may have against the Board under the provisions of this agreement, except as otherwise provided for in this agreement. SECTION THREE ADDITIONAL WORK In the event the Board requests in writing that Chen perform work over, above, and beyond the scope of work described in this agreement, then Chen shall be paid for such additional work as mutually agreed to by the parties hereto. offa SECTION FOUR REPRESENTATIONS OF CHEN By executing this agreement, Chen represents that qualified and authorized personnel of its firm has visited the Project site, familiarized itself with the local conditions under which the scope of work specified herein is to be performed, received and preliminarily reviewed the plans and specifications for the Project, and correlated its observations with the requirements of such plans and specifications. SECTION FIVE The Board shall furnish, at its sole expense, any additional maps, plans, specifications or other construction documents requested by Chen in the performance of the work specified in this agreement. SECTION SIX TIME OF COMPLETION The final report of the soils compaciton testing and related construction observation conducted by Chen shall be completed and forwarded to Kyburz for delivery to the Board within thirty (30) days after completion of the overlot grading of the Project site. SECTION SEVEN PAYMENTS 7.1 Chen shall on a monthly basis deliver to Kyburz an itemized invoice for payment showing in complete detail all costs incurred or professional services rendered by Chen on account.of the work performed in accordance with this agreement during the previous month. -5- 7.2 Within five (5) days from the date of submittal of an invoice for payment by Chen, Kyburz shall review and submit its recommendation for payment thereof to the Board. 7.3 The amount as recommended by Kyburz for payment shall be payable by the Board not later than fifteen (15) days from the date of the Board's receipt of the respective invoice for payment, but in no event shall payment be later than thirty (30) days from the date of Chen's submittal of its invoice for payment to Kyburz. 7.4 Final payment, constituting the entire unpaid balance due in accordance with the terms of this agreement, shall be paid by the Board to Chen within thirty days after completion of the work specified herein, provided that Chen has fully and satisfactorily performed its obligations under this agreement, and final payment has been recommended by Kyburz. 7.5 Payments due and unpaid under the terms of this agreement shall bear interest from the date payment is due at the rate of 1.5% per month, or fraction thereof. SECTION EIGHT INSURANCE Chen agrees to maintain in full force and effect an Errors and Omissions or Professional Liability Insurance Policy affording adequate coverage, as determined by the Board, for the duration of this agreement. The contract of insurance shall insure the Board against all claims, damages, losses or expenses arising out of or resulting from the performance of professional services contemplated in this agreement, and caused by any errors, omissions or negligent acts for which Chen may be legally liable. Chen shall submit a certificate of insurance at the signing of M this agreement and also any notices of renewals of the said policy as they occur. In addition, Chen shall effect and maintain insurance for protection from claims under Workers' Compensation Acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of employees or of any other person; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom. Certificates of such insurance shall be furnished to the Board at the time of signing this agreement and also any notices of renewals of said policies as they occur. SECTION NINE QUALIFICATIONS All work shall be performed by qualified personnel under the supervision of a Registered Professional Engineer, and the report(s) submitted shall bear such Engineer's seal and certification to that effect. SECTION TEN REPORTS AND LOGS It is understood by the parties hereto that the Board or Kyburz may make and distribute copies of any and all reports and logs submitted to the them by Chen as determined necessary in connection with the proposed Project, without incurring obligation for additional compensation. SECTION ELEVEN ADDITIONAL CONDITIONS 11.1 The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in -7- the interpretation, execution and enforcement of this agreement. Any covenant, condition, or provision herein contained that is held to be invalid by any 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 a� 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. 11.2 In the event of any irreconciliable conflict, inconsistency, or incongruity between the provisions of this agreement and any of the provisions contained in Exhibit "B" attached hereto, the provisions contained in this agreement shall in all respects govern and control. 11.3 Any notice, approval, acceptance, request, bill, demand or statement hereunder from either party to the other shall be in writing and shall be deemed to have been given if personally delivered or upon mailing of said notice by United States mails, postage prepaid, first class, and addressed to the following parties: Board: Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Attn: David E. Mott, Chairman Kyburz: Kyburz Construction, Inc. P.O. Box 638 Edwards, Colorado 81632 Attn: Dan Feeney Chen: Chen and Associates, Inc. 5080 Rd. 154 Glenwood Springs, Colorado 81601 Attn: Stephen A.-Down 11.4 Chen shall not assign, transfer, convey, pledge, sublet or otherwise dispose of this agreement without the prior written consent of the Board. Ci 11.5 This agreement shall not be deemed or construed to be modified, amended, rescinded, cancelled or waived, in whole or in part, except by written amendment signed by the parties hereto. 11.6 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. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF C Y COMMISSIONERS By: By: P lurk of t Boar of David E..Mott, Chairman County Commissioners P.O. Box 850 Eagle, Colorado 81631 Tel: (303) 328 -7311 CHEN AND ASSOCIATES, INC. By: - , po--�4 . Title: 96nso r Eat +rider" G(2na�eel� �i-5s . 5080 Rd. 154 4 C*Ie. Glenwood Springs, Colorado 81601 Tel: (303) 945 -7458 l l C 1 n 'L'r ict' 69 and 70 Section A parce ocz ec i , 33, Township 4 South, Range 84 [Jest of the Sixth Principal 'Meridian, Eagle County, Colorado, according to the Independent Resurvey of said Tocm.:hip and Range as approved on June 20, 1922; said parcel cont,.�_ ping L0.420 acres or 453,886 square Feet, more or less, and being more particularly described as follows: Be; inning at a point on the Southerly acre or Right- of -iJay boundary of Interstate Highway No. 70, from which the Witness Corner Eor Corner No. 1 he said Tract 70 bears S.00 101'54. "W. 41.60 feet; thence along; said southerly boundary the following two (2) 70, courses and distances: 1) N.65 020'43 "E. 442.96 feet West of 2) N.60 °53' 22 "E. 499.91 feet .s thence departing said southerly boundary along the County, Colorado following five (5) courses and distances: 1) S.07 055'04 "E. 152.21 feet of said 2) S.01 040'40 "E. 205.09 feet .; 3) S.25 012'04 "E. 132.11 feet 20, 1922; 4),- S.63 °20'48 "W. 633.48 feet 5) S.59 024'01 "W. 414.24 feet to a point on the easterly boundary of the Eagle Commercial Park; thence along said easterly boundary the folloing two (2) courses and distances: w 1) S.89 028'06 "W. 21.55 feet 2) N.00 °01'53 "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 N.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 rcel of land to be used as a public right -of -way p a and containing 0.395 of an acre or 17215.8 square feet, more or less: A parcel located in Tract 70, Section 33, Township 4 South, Range 84 West of the Sixth .s Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and .; Ran^ -e as approved on June 20, 1922; said parcel v Be;;innin�, at a point from which the :4itness Corner for Corner .:c�. 4 of said Tract 70 bears N.59°14' =+2 46t.62) feet distant; thence N.6302U'48 %- 57+.1-4 feet to a point on the Westerly boundary of a parcel known as the i'Ogal Tract; thence along; said Boundary S.25 °12"'04 "L•'. 30.01 feet to the Northeasterly corner of a parcel of land recorded in Book 265 at Page 466 of the Eagle County [records; thence along the northerly Boundary of said , parcel S.63 020'45 "`, 573.45 Feet; thence N.26 039'12 "W. 30 -00 feet to the point of beginning, hereinafter referrec to as "Parcel D." The property described hereinabove excepting therefrom Parcel D, hereinafter referred to as the "Property," contains 10.025 acres or 436,670.2 square Feet, more or less." GENERAL CONDITIONS INVOICES Consultant will submit progress invoices to client monthly and a final bill upon completion of the services. Invoices will show charges for different personnel and expense classifications. A more detailed separation of charges and backup data, such as timesheets and invoices, is available. Each invoice is due on presentation and is past -due thirty (30) days from invoice date. Client agrees to pay a finance charge of one and one -half percent (1 -1/2 %) per month, or the maximum rate allowed by law, on past -due accounts. Should either party hereto bring suit in court to enforce any term of this Agreement, it is agreed that the prevailing party shall be entitled to recover his costs, expenses and reasonable attorneys' fees. SAMPLES All samples of soil and rock will be discarded thirty (30) days after report submittal. Upon Client's request and authorization, samples will be delivered in accordance with Client's instructions, or stored for an agreed charge. RIGHT-OF-ENTRY Unless otherwise agreed, Client will furnish right -of -entry for Consultant to make borings, surveys and /or explorations. Consultant will take reasonable precautions to reduce damage to property. However, cost of restoration or damage which may result from field operations is not included in the fee unless otherwise stated. UTILITIES We will not be liable for damage to subterranean structures (pipes, tanks, telephone wires, etc.) if the locations are not shown on the site plans furnished to us. Reports, plans and other work prepared by Consultant remain the property of Consultant until all fees for Consultant's services have been paid. Client agrees that all reports and other work furnished to the Client and his agents not paid for will be returned upon demand, and will not be used for licensing, permits, design and /or construction. LIMITATION OF LIABILITY Consultant agrees in connection with services performed under this Agreement that such services are performed with the care and skill ordinarily exercised by members of the profession practicing under similar conditions at the same time and in the same or a similar locality. No warranty, expressed or implied, is made or intended by rendition of consulting services or by furnishing oral or written reports of the findings made. Any exploration, testing, surveys and analysis associated with the work will be performed by Consultant solely to fulfill the purpose of this Service Agreement and Consultant is not responsible for interpretation by others of the information developed. Client recognizes that subsurface conditions beneath the project site may vary from those encountered in borings, surveys or explorations and that information and recommenda- tions developed by Consultant are based solely on the information available to him. Consultant's liability for damages due to professional negligence will be limited to a sum not to exceed $50,000.00 or the fee, whichever is greater. In the event that Client does not wish to limit Consultant's profes- sional liability to this sum, Consultant agrees to waive this limitation upon receiving Client's written request prior to the start of Consultant's work on this project. In the event Client requests Consultant to waive this limitation of liability, Client agrees to pay an additional consideration of four percent (4 %) of the total fee, or $200.00, whichever is greater.