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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 -2- m 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 c� D 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 -4- 0 C� 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 M C� C� 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 -7- n� 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.