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HomeMy WebLinkAbout7 - Lincoln-Devore Testing - Subsurface Soils InvestigationQ.� AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO 1 LINCOLN - DEVORE TESTING LABORATORY, INC. SUBSURFACE SOILS INVESTIGATION - EAGLE COUNTY JUSTICE CENTER THIS AGREEMENT is made and entered into this day of May, 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 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 Justice Center located on approximately 10.420 acres of land located in the Town of Eagle, County of Eagle, State of Colorado, and more particularly described as follows: 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 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 5.00 °01'54 "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.07 055'04 "E. 152.21 feet 2) S.01 040'40 "E. 205.09 feet f 3) 5.25 012'04 "E. 132.11 feet 4) S.63 020'48 "W. 633.48 feet 5) 5.59 024'01 "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.890 28' 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 001154 "E. 41.60 feet to the point of beginning. Said parcel contains 10.420 acres or 453,886 square feet, more or less, together with all easements and rights of way appurtenant thereto, hereinafter referred to collectively as the "Property." WHEREAS, as part of such planning and construction, the Board desires to contract for a subsurface soils investigation of the subject property; and WHEREAS, 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 nine (9) 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 2 d � - 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. In the event that more than one soil type is encountered, further testing may be warranted, which shall be additional work as provided in Section 3 hereinbelow. C. The written report prepared by Lincoln - DeVore shall discuss the bearing capacities for'the various strata, and provide recommendations for the general types of foundations most suitable for the proposed use of the above - described property. d. 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)- 295 -1805, 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. e. 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 3 conditions at the building site and shall perform such additional work as authorized by the Board in writing after consultation with the Architect. The 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 each change in soil stratification or soil consistency. Where clayey cohesive soils are encountered, thin- walled tube samples shall be taken of representative strata. 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 perform such additional borings or other exploration as may be authorized by the Board in writing after consultation with the Architect. 4 3. Protection of Property. Lincoln- DeVore shall contact the Board or its designated representative for information regarding buried utilities and structures, and shall take all reasonable precautions to prevent damage to property, visible and concealed. 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 location, Lincoln- DeVore's name and address, the date of the drawings, and the initials of the drafter. b. Reports. i. All data required to be recorded according to the ASTM or other standard test methods employed 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. ii. Include with the report a chart illustrating the soil classification criteria and the terminology and symbols used on the boring logs. W, iii. Identify the ASTM or other recognized standard sampling and test methods utilized. iv. Provide vertical sections for each boring plotted and graphically presented showing number of borings, sampling method used, date of start and finish, description of soil and thickness of each layer, 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). Note the location of strata containing organic materials, wet materials or other inconsistencies that might affect engineering conclusions. v. Describe the existing surface conditions and summarize the subsurface conditions found to be present. vi. 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 D k 7 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. General recommendations for pavement design. If the Board requests in writing additional and more specific information from Lincoln - DeVore, the Board shall provide Lincoln - DeVore with anticipated traffic counts or such other applicable information requested by Lincoln - DeVore. Lincoln - DeVore shall be compensated for such additional work in accordance with Section 3 hereinbelow. f. Design criteria for temporary excavation, temporary protection such as sheet piling, underpinning and temporary dewatering systems. g. Stability of slopes. h. Seismic activity. 7 0 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. 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 seven hundred dollars and no cents ($1,700.00), determined as follows: Drilling of nine (9) test borings (includes the drilling, sampling, classification and logging, as well as all standard laboratory testing of nine (9) test borings ) ..................$1,235.00 Hveem- Carmany Testing $165.00 /Soil Type Estimated: 1 Soil Type ................ 165.00 Engineering and Drafting $50.00 /Hr. Estimated: 6 Hours ........................ 300.00 TOTAL COST ESTIMATE $1,700.00 Mobilization and Demobilization NO CHARGE Said amount of $1,700.00 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 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 0 (7) 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 9 0 (7 subsurface soils investigation pursuant to the terms of this Agreement. Lincoln - DeVore shall contact 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. C. The Board shall be responsible for contacting all utility companies regarding the proper location of their respective underground utilities and structures within the property described above. Lincoln - DeVore shall not be held responsible for damage or injury arising from damage to utilities not called to its attention or correctly located by the respective utility representatives. SECTION FIVE TIME OF COMPLETION The subsurface soils investigation by Lincoln - DeVore pursuant to this Agreement shall be completed and the logs and 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. 10 Notwithstanding the foregoing, in the event snow cover on the subject property exceeds 25% during Lincoln- DeVore's field 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 11 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. 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 12 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 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 8020.2 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. 13 C) ■ 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. ATTEST: ; e;r4koAtheQ'i�6ard of' County C ounty Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Thr h its BOARD OF OU TY COMMISSIONERS V By: Msft��� David E. Mott, Chairman P.O. Box 850 Eagle, Colorado 81631 Phone: 328-7311 LINCOLN-DEVORE TESTING LABORATORY, INC. By: P.O. Box 14-27 Glenwood Springs, Colorado 81601 945-6020 14