HomeMy WebLinkAbout27 - Chen and Associates concrete sampling and testingraj
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
CHEN AND ASSOCIATES, INC.
CONCRETE SAMPLING AND TESTING - EAGLE
COUNTY JUSTICE CENTER, PHASE I
THIS AGREEMENT is made and entered into this 9 3, ay
of '-Wae,�� , 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,
a
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 the construction of the
Project, the Board desires to contract with an engineering firm
to conduct concrete sampling and testing under the general
supervision and direction of Kyburz; and
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 concrete sampling and testing.
NOW, THEREFORE, for and in consideration of the mutual
covenants, conditions, and promises contained herein, the
parties hereto agree hereby as follows:
SECTION ONE
SCOPE OF WORK
1.1 Chen shall conduct concrete sampling and testing,
using generally accepted engineering practices and
standards, in conjunction with the construction of the
Project. The scope of work as agreed to by the parties
consists of approximately fifty (50) sets of concrete
cylinders. For each respective set, seven (7) cylinders
shall be made and a minimum of six (6) cylinders thereof
shall be broken, resulting in an estimated minimum of three
hundred (300) cylinders being broken for the entire Project.
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 concrete
sampling and testing. For purposes of this agreement, it is
estimated that thirty (30) trips (2 sets of cylinders for 20
of the trips) will be required.
1.3 At a minimum, Chen shall conduct the concrete
sampling and testing identified herein in accordance and
consistent with the general description of work and testing
methods set forth in Exhibit "B" attached hereto and
incorporated herein by this reference.
1.4 Chen shall prepare periodic reports detailing the
results of the concrete sampling and testing conducted
pursuant to this agreement, and the recommendations of Chen
relative thereto. Three copies of each respective report
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n
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.
1.5 If unusual conditions are encountered during the
concrete sampling and 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.
1.6 Chen shall advise Kyburz as to any further
sampling and testing required to obtain such information as
Chen deems necessary for a professional interpretation of
the adequacy and sufficiency of the concrete 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 concrete sampling and testing
undertaken shall be consistent with the scope of work set
forth in this agreement.
1.7 Any and all samples of concrete 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
five thousand dollars and no cents ($5,000.000). The exact
1911
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amount of compensation to Chen shall be determined by using
Chen's hourly and unit costs as set forth in Exhibit "B"
attached hereto.
2.2 Said amount of $5,000.00 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 in writing by the
parties hereto.
SECTION FOUR
REPRESENTATIONS OF CHEN
By executing this agreement, Chen represents that
qualified and authorized personnel of its firm has visited
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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 concrete sampling and testing
conducted by Chen shall be completed and forwarded to Kyburz
for delivery to the Board within thirty (30) days after
completion of such concrete sampling and testing.
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.
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
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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
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.
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
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
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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.
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: Steven L. Pawlak
11.4 Chen shall not assign, transfer, convey, pledge,
sublet or otherwise dispose of this agreement without the
prior written consent of the Board.
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 representa-
tives, successors, and assignees of the respective parties
hereto.
me
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 COU Y COMMISSIONERS
By. By:
Jerk of th oar of Davi Mott, Chairman
County Commissioners P.O. Box 850
Eagle, Colorado 81631
Tel: (303) 328 -7311
CHEN AND ASSOCIATES, INC.
By:
i e: Senior Engineer,
Glenwood Springs Office
5080 Rd. 154
Glenwood Springs, Colorado 81601
Tel: (303) 945 -7458
EXHIBIT "A"
"A parcel located in Tracts 69 and 70, Section
33, Township 4 South, Range 84 West of the Sixth
Principal Meridian, Eagle County, Colorado, according
to the Independent Resurvey of said Township and
Range as approved on June 20, 1922; said parcel
containing 10.420 acres or 453,886 square feet, more
or less, and being more particularly described as
follows:
Beginning at a point on the Southerly Right -of-
Way boundary of Interstate Highway No. 70, from which
the Witness Corner for Corner No. 1 of said Tract 70
bears S.00 101'54 "W. 41.60 feet; thence along said
southerly boundary the following two (2) courses and
distances:
1) N.65 020'43 "E. 442.96 feet
2) N.60 053'22 "E. 499.91 feet
thence departing said southerly boundary along the
following five (5) courses and distances:
1)
S.07 °55'04
"E.
152.21
feet.
2)
S.01 040'40
"E.
205.09
feet
3)
S.25 °12'04
"E.
132.11
feet
4)
S.63 020'48
"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 following two (2) courses and distances:
1) S.89 028'06 "W. 21.55 feet
2) N.00 001'53 "E. 500.96 feet
thence departing said easterly boundary S.89 158'52 "E.
21.40 feet to the Witness Corner for Corner No. 1 of
said Tract 68; thence N.00 001'54 "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,
Township 4 South, Range 84 West of the Sixth
Principal Meridian, Eagle County, Colorado, according
to the Independent Resurvey of said Township and
Range as approved on June 20, 1922; said parcel being
more particularly described, with all bearings
contained herein based on a bearing of N.00 133'00 "W.
between the Town of Eagle Street Monuments at Fifth
and Broadway and Second and Broadway, as follows:
Beginning at a point from which the Witness
Corner for Corner No. 4 of said Tract 70 bears
N.59 014'42 "W. 461.82 feet distant; thence
N.63 020'48 "E. 574.24 feet to a point on the Westerly
Boundary of a parcel known as the Nogal Tract; thence
along said Boundary S.25 112'04 "E. 30.01 feet to the
Northeasterly corner of a parcel of land recorded in
Book 268 at Page 466 of the Eagle County Records;
thence along the Northerly Boundary of said parcel
S.63 020'48 "W. 573.48 feet; thence N.26 039'12 "W.
30.00 feet to the point of beginning, hereinafter
referred 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."
A -2
Effective: Jan. 1, 1982
W � r
EXHIBIT "B"
° CHEN AND ASSOCIATES, INC.
5080 Road 154
Glenwood Springs, Co. 81601
(303) 945 -7458
CONCRETE AND ASPHALT TESTING
CONCRETE SAMPLING AND TESTING
FIELD TESTS
(Material sampling, unit weight, slump, air content, temperature).. $ 25.00 /hr.
Mileage ........................ $ .30 /mi.
Break .......................... $ 8.00 /cyl.
ContractorSample ................... ............................... $ 9.00 /cyl.
Materials........................... ............................... Cost + 20%
Waiting for Concrete Truck .......... ............................... $ 25.00 /hr.
(Over one hour on job site)
CONCRETE - ASPHALT CORING .......... ............................... Quote on
Request
OTHERTESTS ......................... ............................... Quote on
Request
ASPHALT TESTING
Marshall Mix Design - 4 Points ...... ...............................
$300.00
(Aggregate testing not included - ASTM D -1559)
Marshall Test (ASTM D -1559) 3 Specimens ) ...........................
$
95.00
(Unit weight, stability, flow and air voids)
Immersion- Compression Test (ASTM D- 1075 ) ...........................
$150.00
Extraction and Gradation (ASTM D- 2172 ) .............................
$
80.00
ExtractionOnly ..................... ...............................
$
55.00
Asphalt Retention ................... ...............................
$
60.00
Specific Gravity and Absorption of Aggregate .......................
$
20.00
(ASTM C -127 and 128)
Asphalt Coring (Minimum charge $ 55. 00 ) .............................
$
55.00 /hr.
Densityand Thickness ............... ...............................
$
9.00 /core
Stripping Test (ASTM D- 1664) ........ ...............................
$
26.00
Asphalt Field Lab ................... ...............................
$
35.00 /day
Hveem Mix Design ASTM D -1560 and 1561 ..............................
$300.00
(Aggregate testing not included)
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Cancellation: Should any of the above desct:ik�ed policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
Board of County Commissioners of
Eagle County, Colorado
PO Box 850
Eagle, CO 81631
Attn: Beth Whittier, County Attorney
ACORD 25 (1 -79)
DATE
November 23, 1983
AUPORIZED REPRESENT
Rollo E. Jacobs, Jr.
1101:0M,
RIM
NAME AND ADDRESS OF AGENCY
VAN GILDER AGENCY CO.
COMPANIES AFFORDING
COVERAGES
700 BROADWAY, SUITE 1035
O. BOX I
COMPANY A
D ENVER, COLO RADO 80218
LETTER Ma ry land
Casualty Company
y
PH 837
ONE -8500
COMPANY B
LETTER
NAME AND ADDRESS OF INSURED
COMPANY
LETTER
Chen and Associates, Inc.
96 South Zuni
LETTERNY D
Denver, Colorado 80223
COMPANY E
LETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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 conditions of such policies.
COMPANY
POLICY
Limits of Liability in Thousands
(0 00)
LETTER
TYPE OF INSURANCE
POLICY NUMBER
EXPIRATION DATE
EACH
AGGREGATE
OCCURRENCE
GENERAL LIABILITY
A
SM31529594
12/31/83
BODILY INJURY
$
$
COMPREHENSIVE FORM
IN PREMISES— OPERATIONS
PROPERTY DAMAGE
$
$
❑ EXPLOSION AND COLLAPSE
HAZARD
®
UNDERGROUND HAZARD
IN PRODUCTS /COMPLETED
OPERATIONS HAZARD
IN CONTRACTUAL INSURANCE
BODILY INJURY AND
500
500
® BROAD FORM PROPERTY
PROPERTY DAMAGE
COMBINED
$
$
DAMAGE
IX
INDEPENDENT CONTRACTORS
Ex PERSONAL INJURY
PERSONAL INJURY
$ Incl
AUTOMOBILE LIABILITY
BODILY INJURY
$
A
®
CAM07355761
12/31/83
(EACH PERSON)
COMPREHENSIVE FORM
BODILY INJURY
$
® OWNED
(EACH ACCIDENT)
® HIRED
PROPERTY DAMAGE
$
® NON-OWNED
INJURY AND
$ 500
PROPERTY
PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
A
® UMBRELLA FORM
UB04699422
12/31 /83
BODILY INJURY AND
$ 10,000
$ 10,000
❑ OTHER THAN UMBRELLA
PROPERTY DAMAGE
f
FORM
COMBINED
WORKERS' COMPENSATION
STATUTORY
and
EMPLOYERS' LIABILITY
$
(EACH ACCIDENT)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Cancellation: Should any of the above desct:ik�ed policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
Board of County Commissioners of
Eagle County, Colorado
PO Box 850
Eagle, CO 81631
Attn: Beth Whittier, County Attorney
ACORD 25 (1 -79)
DATE
November 23, 1983
AUPORIZED REPRESENT
Rollo E. Jacobs, Jr.
NAME AND ADDRESS OF INSURED
Chen and Associates, Inc.
96 South Zuni Street
Denver, Colorado 80223
COMPANIES AFFORDING COVERAGES
COMPANY
LETTER A Gibraltar Casualty Company
COMPANY B
LETTER
COMPANY
LETTER
COMPANY D
LETTER
AUTOMOBILE LIABILITY
COMPANY E
COMPREHENSIVE FORM
LETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
be issued the insurance afforded by the policies described herein is subject to all the
of any contract or other document with respect to which this certificate may or may pertain,
terms, exclusions and conditions of such policies.
Limits of Liability in Thousands
POLICY
COMPANY TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE
OCCURRENCE
LETTER
GENERAL LIABILITY
❑
NON -OWNED
BODILY INJURY
$
$
❑ COMPREHENSIVE FORM
❑ PREMISES- OPERATIONS
PROPERTY DAMAGE
$
$
❑EXPLOSION AND COLLAPSE
HAZARD
❑
UNDERGROUND HAZARD
❑PRODUCTS /COMPLETED
BODILY INJURY AND
OPERATIONS HAZARD
E] CONTRACTUAL INSURANCE
PROPERTY DAMAGE
$
$
E] BROAD FORM PROPERTY
COMBINED
DAMAGE
❑ INDEPENDENT CONTRACTORS
❑ PERSONAL INJURY
PERSONAL INJURY
$
7
AUTOMOBILE LIABILITY
❑
COMPREHENSIVE FORM
❑
OWNED
❑
HIRED
❑
NON -OWNED
EXCESS LIABILITY
❑ UMBRELLA FORM
❑ OTHER THAN UMBRELLA
FORM
WORKERS' COMPENSATIOP
and
EMPLOYERS' LIABILITY
ArchiteCTS & Engir
Professional Liabil
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
S
BODILY INJURY $
(EACH PERSON)
BODILY INJURY $
(EACH ACCIDENT)
PROPERTY DAMAGE $
BODILY INJURY AND
PROPERTY DAMAGE $
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail _10— days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
Board of County Commissioners of
Eagle County, Colorado
PO BOX 850
Eagle, CO 81631
Attn: Beth Whittier, County Attorney
ACORD 25 (1 -74)
DATE ISSUED: bvember 2 ., 1983
AUT ?Jacobs, REPRESENTATIVE
Rollo . Jr.