HomeMy WebLinkAbout7 - Lincoln-Devore Testing - Subsurface Soils InvestigationQ.�
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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.
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C)
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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
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