HomeMy WebLinkAbout4 - Lincoln-Devore Testing Lab - subsurface soils investigationxr
AGREEMENT BETWEEN
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THE COUNTY OF EAGLE, STATE OF COLORADO
AND
LINCOLN - DEVORE TESTING LABORATORY, INC.
SUBSURFACE SOILS INVESTIGATION - EAGLE COUNTY
CRIMINAL JUSTICE CENTER
THIS AGREEMENT is made and entered into this
day
of October, 1982, 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
Lincoln - DeVore Testing Laboratory, Inc., hereinafter referred to as
"Lincoln- DeVore."
WITNESSETH:
WHEREAS, it is the intention of the Board to undertake the
planning and construction of the Eagle County Criminal Justice
Center located on approximately 29.23 acres of land north and east
of the Town of Eagle, Colorado, along Eagle County Road No. S -35 in
Tracts 61 and 69 of Sections 28 and 33, Township 5 South, Range 84
West of the Sixth P.M., County of Eagle, Colorado, hereinafter
referred to as the "subject property "; and
WHEREAS, as part of such planning and construction, the
Board desires to contract for a subsurface soils investigation of
the subject property; and
WHEREAS, after the publication for the submittal of bids
from qualified applicants and the review of such bids, the Board
desires to enter into an agreement with Lincoln- DeVore for such
subsurface soils investigation.
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
Lincoln - DeVore shall perform a subsurface soils
investigation of the subject property and prepare a comprehensive
report relative thereto, in accordance with the following:
1. Borings.
a. The drilling of eight (8) test borings shall be
conducted on the subject property. The borings will be
drilled throughout the proposed building location to develop
an accurate cross section of the subsurface soils. The
borings will be drilled to a depth of 25' or practical
refusal. Sampling will be at 5' intervals or every major
soil change.
b. A number of shallow borings will be drilled in the
parking areas to sample subgrade soils to be evaluated by
the Hveem Carmany method of pavement design.
C. If unusual conditions are encountered.including,
but not limited to, unanticipated materials which cannot be
penetrated by standard sampling equipment, Lincoln - DeVore
shall immediately consult with the Board's Architect,
W. C. Muchow and Partners, Inc.; Attention: Dave Swoboda;
1725 Blake Street, Denver, Colorado, 80202; (303)- 534 -5800,
hereinafter referred to as "Architect." When requested by
the Architect, core drill into the material as required to
establish recommended footing elevations, which shall be
additional work as provided in Section 3 hereinbelow.
d. Lincoln- DeVore shall advise the Architect as to
any further exploration and testing required to obtain
information that Lincoln - DeVore requires for a professional
interpretation of subsoil conditions at the building site
and shall perform such additional work as authorized by the
Board in writing after consultation with the Architect. The
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extent of exploration undertaken shall be consistent with
the scope of the work set forth in this Agreement and any
drawings attached hereto. Sampling operations for both
disturbed and undisturbed samples shall be in accordance
with recommended ASTM and other procedures, and as necessary
to produce the information required for the subsurface soils
investigation report.
2. Drilling and sampling methods
a. Drilling and sampling will be performed in
accordance with current applicable ASTM and other standards,
including, but not limited to, ASTM D1586, D1587 and D2113.
Samples of soil shall be taken at the ground surface, at two
feet below existing grade and at each change in soil
stratification or soil consistency, but not further apart
than five feet in each of the borings. Where clayey
cohesive soils are encountered, thin - walled tube samples
shall be taken of representative strata. Split -spoon
samples shall be placed in sealed jars labeled with the
following information: (1) boring number, (2) sample number,
(3) sample depth, (4) blows per foot required to drive
sample, (5) date, (6) Project name, and (7) the engineer's
name.
b. Rock cores shall be not less than 1 3/8" in
diameter, and shall be placed in core boxes properly labeled
as indicated above.
C. The samples shall be preserved and field logs
prepared either by a Soil Engineer or by an experienced Soil
Technician acting under the supervision of a Soil Engineer.
d. Lincoln - DeVore shall notify the Architect before
drilling equipment is removed from the site and advise the
Architect as to the field description of soil conditions
encountered. Lincoln DeVore shall perform such additional
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borings or other exploration as may be authorized by the
Board in writing after consultation with the Architect.
3. Protection of Property. Lincoln- DeVore shall contact
the Board and all utility companies for information
regarding buried utilities and structures, shall take all
reasonable precautions to prevent damage to property,
visible and concealed, and shall reasonably restore the site
to the condition existing prior to Lincoln- DeVore's entry,
including, but not limited to, backfilling of borings,
patching of slabs and pavements, and repair of lawns and
plantings. Each boring should be plugged temporarily,
pending additional ground water readings. At the completion
of the ground water readings, the borings should be
permanently plugged, including patching of slabs and
pavements.
4. Field and Laboratory Report.
a. Format. All segments of the report covering the
investigation and analyses shall be made on white paper,
8 1/2 by 11 inches, suitable for photocopying and bound in
booklet forms. If larger drawings are absolutely necessary,
they shall be folded and bound into the booklet. Written
reports and analyses shall be on Lincoln- DeVore's
letterhead. Each drawing shall carry a title block which
contains the Project name and
name and address, the date of
the date of the drawings, the
charge of the crew making the
the drafter, and the initials
who is the responsible checke
b. Reports.
location, Lincoln- DeVore's
the subsurface investigation,
initials of the person in
investigation, the initials of
of the Professional Engineer
r.
i. All data required to be recorded according
to the ASTM or other standard test methods employed
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shall be obtained, recorded in the field and referenced
to boring numbers; soil shall be classified in the
field logs in accordance with current applicable ASTM
and other standards, including, but not limited to,
ASTM D2488, but the classification for final logs shall
be based on the field information, plus results of
tests, plus further inspection of samples in the
laboratory by the Soil Engineer preparing the report.
ii. Include with the report a chart
illustrating the soil classification criteria and the
terminology and symbols used on the boring logs.
iii. Identify the ASTM or other recognized
standard sampling and test methods utilized.
iv. Provide a plot plan giving dimensional
locations of test borings.
v. Provide vertical sections for each boring
plotted and graphically presented showing number of
borings, sampling method used, date of start and
finish, surface elevations, description of soil and
thickness of each layer, depth to loss or gain of
drilling fluid, hydraulic pressure required or number
of blows per foot (N value), and, where applicable,
depth to wet cave -in, depth to artesian head, ground
water elevation and time when water reading was made
(repeat observation after 24 hours), and presence of
gases. Note the location of strata containing organic
materials, wet materials or other inconsistencies that
might affect engineering conclusions.
vi. Decribe the existing surface conditions and
summarize the subsurface conditions found to be
present.
vii. Provide a profile and /or topographic map of
rock or other bearing stratum.
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viii. Analyze the probable variations in
elevations and movements of subsurface water due to
seasonal influences.
ix. Report all laboratory determinations of
soil properties.
C. Disposition of samples. After all laboratory
tests have been completed, samples shall be retained at
Lincoln- DeVore's office, and remain open to inspection until
foundation installation is complete.
5. Foundation Engineering Evaluation and Recommendations.
Lincoln - DeVore shall analyze the information developed by
investigation or otherwise available, including any aspect
of the soil conditions which may affect design and
construction of proposed structures, and shall consult with
the Architect on the design requirements of the Project.
Based on such analysis and consultation, Lincoln - DeVore
shall submit a professional evaluation, recommendations and
specification language for the necessary areas of
consideration, including, but not limited to, the following:
a. Foundation support of the structure and slabs,
including sod bearing pressures, bearing elevations,
foundation design recommendations and anticipated
settlement.
b. Anticipation of, and management of, groundwater.
C. Lateral earth pressures for design of walls below
grade, including backfill, compaction and subdrainage, and
their requirements.
d. Soil material and compaction requirements for site
fill, construction backfill, and for the support of
structures and pavement.
e. Pavement design.
f. Design criteria for temporary excavation,
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temporary protection such as sheet piling, underpinning and
`..., temporary dewatering systems.
g. Stability of slopes.
h. Seismic activity.
i. Frost penetration depth and effect.
j. Analysis of the effect of weather and /or
construction equipment on soil during construction.
k. Analysis of soils to ascertain presence of
potentially expansive, deleterious, chemically active or
corrosive
materials or
conditions,
or presence of
gas.
1.
Specification
clauses for
each subject
checked
above.
M. Determine "ripability" of subsurface rock
encountered.
SECTION TWO
COMPENSATION
The Board shall pay Lincoln- DeVore for the performance of
the work specified in this Agreement an amount not to exceed one
thousand five hundred and sixty -five dollars ($1,565.00),
determined as follows:
Drilling, Sampling and Standard Laboratory Testing
$5.50 /foot Estimated: 200`
Hveem Carmany Testing
$165 /Soil Type Estimated: 1 Soil Type
Engineering and Drafting
$50 /Hour Estimated: 6 Hours
TOTAL
Mobilization and Demobilization
Per Diem
$ 1,100.00
65.00
300.00
$ 1,565.00
NO CHARGE
NO CHARGE
Said amount of $1,565.00 dollars shall not be exceeded unless
expressly agreed to by the Board as provided in Section Three
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hereinbelow. No additional costs, expenses and /or charges entailed
by Lincoln - DeVore 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.
The acceptance by Lincoln - DeVore 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 Lincoln - DeVore, its successors or assigns
have or may have against the Board under the provisions of this
Agreement, except as otherwise provided for in this contract.
SECTION THREE
ADDITIONAL WORK
In the event the Board requests in writing that
Lincoln - DeVore perform work over, above, and beyond the scope of
work described in this Agreement, then Lincoln - DeVore 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:
a. Test bearings in excess of 20 -25' depth or for
unusual soil conditions.
b. The use of a backhoe if trenches or pits are
deemed advisable at an additional charge of the hourly rate
of the equipment plus 20% thereof.
C. Further exploration and testing required to obtain
necessary information for a professional interpretation of
subsoil conditions by Lincoln - DeVore.
SECTION FOUR
BOARD'S RESPONSIBILITIES
A. The Board hereby represents that it has secured
permission from the present owner for entry to the subject
property by Lincoln - DeVore to perform a subsurface soils
investigation pursuant to the terms of this Agreement.
Lincoln - DeVore shall contacct the following person in order
to schedule site access and make necessary arrangements:
Jim Rubin, Director
Eagle County Department of
Community Development
P.O. Box 179
Eagle, Colorado 81631
328 -7311 (Ext. 229)
B. The Board shall furnish, at its sole expense, proper
and accurate maps depicting the proposed building location;
property lines; means of access; the building type being
considered; location of existing buildings which may be
affected by the proposed construction; and the topography at
2' contours.
SECTION FIVE
TIME OF COMPLETION
The subsurface soils investigation by Lincoln - DeVore
pursuant to this Agreement shall be completed and the logs and
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report delivered to the Board and the Architect within twenty -one
(21) calendar days after written authorization to proceed is
received. In addition, a preliminary subsurface soils
investigation report shall be available to the Board and the
Architect within fifteen (15) calendar days after written
authorization to proceed is received.
Notwithstanding the foregoing, in the event snow cover on
the subject property exceeds 25% during Lincoln- DeVore's field
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.,..
investigation, the above time schedule shall be modified to reflect
the delay caused thereby.
SECTION SIX
PAYMENTS
Upon completion of the work specified herein, Lincoln - DeVore
shall submit an invoice for payment to the Board with a copy to the
Architect. Payment on Lincoln- DeVore's invoice shall be made
within thirty (30) days from the date of the Board's acceptance and
approval of the final subsurface soils investigation report.
SECTION SEVEN
INSURANCE
Lincoln - DeVore 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 Lincoln - DeVore may be legally liable.
Lincoln - DeVore 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, Lincoln- DeVore 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 of this Agreement and also any
notices of renewals of said policies as they occur.
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b
SECTION SEVEN
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 EIGHT
REPORTS AND LOGS
Lincoln- DeVore shall deliver one copy of the subsurface
soils investigation report and logs to the Board and five copies to
the Architect. It is understood that the Board or the Architect
may make and distribute copies of the reports and boring logs as
necessary in connection with the proposed Project without incurring
obligation for additional compensation.
SECTION NINE
ADDITIONAL CONDITIONS
A. 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
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.
B. Any notice, approval, acceptance, request, bill, demand
or statement hereunder from either party to the other shall
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be in writing and shall be deemed to have been given if
personally delivered or upon the 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: Jim Rubin
Architect: Dave Swoboda
W. C. Muchow and Partners, Inc.
1725 Blake Street
Denver, Colorado 80202
Lincoln - DeVore Steven C. Dike
Glenwood Springs Branch Manager
Lincoln - DeVore Testing Laboratory, Inc.
P.O. Box 1427
Glenwood Springs, Colorado 81601
C. Lincoln - DeVore shall not assign, transfer, convey,
pledge, sublet or otherwise dispose of this Agreement
without the prior written consent of the Board.
D. 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.
E. 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:
Ch&rk of the Bod-r-d of Co my
Ck5mmissioners
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COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By. a"// 'r' 'e-"l
Dare F. Grant, Chairman
P.O. Box 850
Eagle, Colorado 81631
Phone: 328 -7311
LINCOLN - DEVORE TESTIN LAB RATORY, IN
By: ��ttk/l
P. T. Box 1427
Glenwood Springs, Colorado 81601
945 -6020