HomeMy WebLinkAbout20082376.tiff ri0
teMEMORANDUM
CTO: Clerk to the Board DATE: August 20, 2008
•
COLORADO FROM: Wayne Howard, County Engineer/CIP, Public Works
SUBJECT: CONSENT AGENDA ITEM
Agreement for Professional Services with Olson Engineering to perform professional services of
nondestructive testing investigation on drilled caissons for Bridge 87/42.5.
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this I? day of attpg US-1—, 2008, by and between
the County of Weld, State of Colorado, by and on behalf of Public Works Depaffnent, whose address is 1111 H St.,
P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County Department," and Olson Engineering,
Inc., whose address is 12401 W. 49th Ave., Wheat Ridge, CO 80033-1927, hereinafter referred to as "Contract
Professional."
W ITNESSETH:
WHEREAS, County Department is in need of hiring an independent contract professional to perform the
following "Professional Services:" Nondestructive testing investigation (NDT) for drilled caissons for Bridge
87/42.5A as detailed in the Proposal for Services attached hereto as ordered by County Department and
WHEREAS, Contract Professional has the time available and is willing to perform the Professional
Services, according to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. TERM: The term of this Agreement shall be from date of execution shown above, through and until
completion of Professional Services as defined in the attached Proposal for Services. The term
may be extended by modification of this contract as agreed to by both parties, in writing.
2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to
perform the Professional Services for the compensation provided below and as attached in the
Proposal for Services.
COMPENSATION: County Department agrees to pay Contract Professional for all service
performed hereunder as follows: The Professional Services shall be provided at the rates set forth
in the Proposal for Services and shall not exceed the maximum compensation of $5,800.00. This
fee is compensation for services only as described in the attached Proposal for Services. Any
additional services completed beyond those described in the Proposal for Services shall be
authorized by the County Department at a fee negotiated between the County Department and
Contract Professional using the established hourly rates attached to this Agreement. Invoices will
be paid within 60 days of being received and accepted by the County Department.
3. INDEPENDENT CONTRACTOR: Contract Professional agrees that he or she is an independent
contractor and will not become an employee of County Department, nor is he or she entitled to any
employee benefits from County Department as a result of the execution of this Agreement.
4. INDEMNIFICATION, DESIGN AND INSURANCE: Contract Professional shall indemnify and hold
harmless County Department, its officers and employees, against liability for injury or damage and
losses, damages and expenses to the extent caused by any negligent act or omission by Contract
Professional or any person or organization for whom Contract Professional is legally liable in the
performance of services under this Agreement. Contract Professional shall be responsible for the
professional quality, technical accuracy, timely completion and the coordination of all services
rendered by Contract Professional and shall, without additional compensation, promptly remedy
and correct any negligent errors, omissions, or deficiencies. Contract Professional shall maintain
commercial general liability insurance in the amount of $500,000 per occurrence and errors and
omissions insurance in the amount of$1,000,000.
5. NON-ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest
therein or claim there under, without the prior written approval of County Department.
WCB 87/42.5A-South Platte River
Page 1 of 3
6. ACCESS TO RECORDS: County Department shall have access to Contract Professional's
financial records for the purposes of audit. Such records shall be complete and available for audit
90 days after final payment hereunder and shall be retained and available for audit purposes for at
least five years after final payment hereunder.
7. TERMINATION: Either party may terminate this Agreement at any time by providing the other party
with a 10-day written notice thereof. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. In the event of termination,
the Contract Professional shall supply the County Department with copies all work products
completed to date, including but not limited to electronic files, reports, computations, etc. All work
products completed on this project shall be owned by the County Department.
8. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this
Agreement.
9. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding
between the parties with respect to the promises and covenants made therein. No modification of
the terms of this Agreement shall be valid unless made in writing and agreed to by both parties.
10. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on
the part of County Department to expend funds not otherwise appropriated in each succeeding
year.
11. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be
deemed to constitute a waiver of any immunities of County Department or its officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a duty of care
with respect to any persons other than County Department and not a party to this Agreement.
12. COUNTY REPRESENTATIVE: County Department will designate, prior to commencement of
work, its project representative ("County Representative") who shall make, within the scope of his
or her authority, all necessary and proper decisions with reference to the project. All requests for
contract interpretations, change orders, and other clarification or instruction shall be directed to
County Representative.
13. MONTHLY REPORT: Commencing thirty (30) days after the date of execution of this Agreement
and every thirty (30) days thereafter, Contract Professional is required to provide County
Representative with a written report of the status of the work with respect to the Proposal for
Services, Work Schedule, and other material information. Failure to provide any required monthly
report may, at the option of the County, suspend the processing of any partial payment request.
14. ACCEPTANCE NOT WAIVER: County Department's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve Contract Professional of responsibility for the quality or technical accuracy of the work.
County Department's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to County Department under
this Agreement.
15. OTHER REQUIREMENTS: The design work under this contract shall be compatible with the
requirements of a separate contract between Weld County and City of Greeley (which is
incorporated herein by this reference) for the design/construction of the project.
WCB 87/42.5A-South Platte River
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 27th day of August
, 2008.
COUNTY DEPA pp
ATTEST: E La COUNTY OF WELD, a political subdivision Weld County
IClerk to the Board of the STATE OF COLORADO:
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By: , ` By. ._:----ii--(:-
Deputy Cler o the Boar ° , William H. Jerke, Chair
' 1 ' '-✓ Board of County Commissioners
'` =
AUG 2 7 2008
CONTRACT PROFESSIONAL:C :aBy: Date L 7/0..008
Name: ici-r7 i ()Loll\
( 1 Title: Y'ras''AC.,.,J- O\-s b ✓ . i.,.ErrCA. j I +�C .
SUBSCRIBED AND SWORN to before me this /7 day of( (2.1 , 2008. A O.6 TA/U
WITNESS my hand and official seal. 4-4C1X2.
i,/ 'J Notary Public -My commission expires:
My Commission Expires Ut2520Mp
Attachments:
Proposal for Testing Services/Olson Engineering
WCB 87/42.5A-South Platte River
Page 3 of 3
X058--a3 i
SPECIALIZING IN CONDITION EVALUATION OF THE
CIVIL STRUCTURE & INFRASTRUCTURE
Alai, OLSON ore:Itea
ENGINEERING,Int. { r
www.olsonengineering.com I www.olsoninstruments.com
August 15th, 2008
HNTB Corporation
1600 Broadway, Suite 1300
Denver, CO 80202
Attn: Ms. Galina Leiphart
Tel: 303.839.8300
E-Mail: gleiphart@hntb.com
Re: Nondestructive Testing Investigation
Crosshole Sonic Logging of Drilled Shafts
Weld County Bridge NO. 87/42.5A
Greely, Colorado
Olson Proposal No. P2008282.2
Ms. Leiphart:
As requested in your recent contact, our firm can perform Crosshole Sonic Logging
(CSL) nondestructive testing (NDT) to evaluate the integrity conditions of 6 drilled shafts at the
above referenced project near Greely,Colorado. We have performed a large number of CSL quality
assurance investigations across the USA and internationally over the last 23 years, and project
references can be provided upon request.
NDT INVESTIGATION
A summary of the shafts is presented below:
• 2 - 3 foot diameter shafts with 4 tubes.
• 4 - 5 foot diameter shaftw with 5 tubes.
• Shafts are approximately 50 - 80 feet in length.
We propose to perform Crosshole Sonic Logging with horizontally opposing source and
receiver probes in all tube pair combinations for each shaft using the access tubes to be installed per
the specifications. The CSL results will be analyzed and presented in a written report signed and
stamped by a Professional Engineer registered in the state of Colorado.
We understand that the contractor will be responsible for ensuring that the tubes are clean,
open, watertight and water-filled prior to concrete placement or immediately after concrete
placement.
12401 W. 49th Ave. • Wheat Ridge, CO 80033-1927 USA ♦ P:303-423-1212 • F:303-423-6071
A technical brief on the CSL method can be located on our website at
www.olsonengineering.com/techflyers/CSL.pdf. In the CSL method, the concrete foundation
integrity conditions will be indicated by wave travel times between the tube pairs and the signal
energy levels as analyzed by the PC recording system. Poor quality concrete and defect zones are
indicated by delayed arrival times(lower velocities)and lower signal energies,and for severe defects
by the complete loss of the signal.
All CSL testing will be performed by an engineer from our firm and will later be analyzed
by our staff,where a report will then be prepared and reviewed by our Principal Engineer,Mr.Larry
Olson. The CSL data will be collected with an Olson Instruments' CSL system(Freedom Data PC).
The CSL results will be briefly analyzed during the course of field testing to ensure quality data and
the data will undergo full analysis at our office in Wheat Ridge, Colorado.
A final, reviewed report will be available within 5 business days of the completion of the
field work. The final reports will include all logs and other results. CSL field tests, analysis, and
engineering reports will be prepared by an experienced Olson Engineering engineer and reviewed
by Larry Olson,President and Principal Engineer of our firm. Mr. Olson is a registered engineer in
the states of California, Colorado, Arizona, Texas, North Carolina, and Nevada.
We understand the contractor will provide access to the shafts. We understand some of these
shafts may be placed within a cofferdam and testing may be performed from a barge or other
temporary support. We also request the contractor provide a helper to assist in the testing, and any
special safety equipment required. We should not require access to a generator, as our equipment
is battery powered.
PROJECT MANAGEMENT, PROPOSED WORK SCHEDULE AND REPORTING
RESULTS
Project Management. Dr. Yajai Tinkey, P.E. will serve as Project Manager for this investigation.
A final, reviewed report will be available within 1 week after the testing is complete The final
reports will include all CSL logs. CSL field tests,analysis,and engineering reports will be prepared
by an experienced Olson Engineering engineer under Dr.Tinkey's supervision and reviewed by Larry
Olson,President and Principal Engineer of our firm. Mr.Olson is a registered engineer in the states
of California, Colorado, Arizona, Texas, North Carolina, and Nevada.
Work Schedule. The above mentioned work can be scheduled with Dr.Tinkey(cell phone:303-883-
2012 or yajai@olsonengineering.com) with an advance notice of 1 week.
Olson Proposal No. P2008282.2 Page 2
COSTS
For the drilled shafts, CSL tests will be performed on a unit rate basis determined by the
number of shafts and number of CSL logs per shaft. The cost per shaft is $200.00 for the first log
and$50.00 for each additional log. The costs per shaft for a shaft with 4 and 5 tubes are$450.00,
and $550.00, respectively. There is also a per trip minimum of $1,000.00 for testing costs. A
breakdown of the cost estimate is given in Table I below,assuming that all 6 shafts can be tested in
four site visits (assuming one of 4 tube shaft be tested on the first and last trip and two of 5 tube
shaffts be tested on the second and third trip)
Table I - Breakdown of the Estimated Cost for CSL Testing
Items Unit Rate No. of Unit Total Note
First Trip
- CSL Testing Per Shaft $450 1 $1,000 Minimum Charge
Mobilization Per Trip $400 1 $400
Second Trip
- CSL Testing Per Shaft $550 2 $1,100
- Mobilization Per Trip $400 1 $400
Third Trip
- CSL Testing Per Shaft $550 2 $1,100
- Mobilization Per Trip $400 1 $400
Fourth Trip
- CSL Testing Per Shaft $450 1 $1,000 Minimum Charge
- Mobilization Per Trip $400 1 $400
Total Estimated Costs $5,800
Note that these costs are estimates and are based on assumptions on the number of shafts
to be tested, the number of logs per shaft, and the number of trips required to complete the
investigation; the actual total costs may be higher or lower than estimated. If additional shafts
need to be tested, our charges will be similar to those stated in this proposal. If the number of
trips is different than the number estimated, the total estimated cost will change. Additional
travel costs, equipment charges, and hourly charges (per the attached fee schedule) will be
charged for any additional NDT over and above the basic CSL testing.
The costs quoted include field NDT,equipment charges,analysis of NDT results,and report
preparation and review by a Colorado P.E. Additional travel costs,equipment charges, and hourly
charges (per the attached fee schedule)will be charged for any additional NDT over and above the
basic CSL testing.
Olson Proposal No. P2008282.2 Page 3
CONTRACT TERMS
On-site standby time for our personnel will be charged at unit rates in accordance with the
attached unit rates sheet if the shafts are not ready for testing at the time scheduled. In addition,in
order to minimize the potential for tube/concrete debonding and to obtain CSL logs with good
quality data, the contractor should ensure that the access tubes are filled with water before or
immediately after placement of the concrete. If this is not done, then debonding is more likely to
occur resulting in additional time required to manually review the data to obtain results on the entire
shaft. If debonding occurs, the contractor will be notified that any additional time required to
manually review the logs will be charged at unit rates in addition to the per-shaft fee. The contractor
may select to not have the debonded zones analyzed, in which case only partial results will be
obtained. Note that even with a manual review, it may not be possible to get full results on a shaft
with tube debonding. Debonding is normally not a problem with steel tubes or if the water is added
at the time of placement and testing is scheduled in a timely fashion per the specifications.
Charges for city, state, or other local taxes which are assessed on us for performing this
investigation at this location will be billed at cost (if applicable), plus an administrative charge of
$85.00/hour with a maximum of 2 hours.
Invoices will be submitted on a per trip basis. Payment terms are net 30 days from the date
of invoice with a service charge of 1.5%per month on unpaid balance after 30 days. We maintain
general business, auto,and professional liability insurance as well as workman's compensation and
will provide certificates upon request. The investigation will be performed in accordance with our
attached general work conditions. No travel is to commence without an original, signed contract.
Olson Proposal No. P2008282.2 Page 4
CLOSURE
We appreciate the opportunity to submit this proposal for your review and look forward to
working with you on this project. Please sign and return a copy of this proposal to us, or issue a
contract for the work. Please call if you have any questions. This quote is valid for 90 days from
this date.
Respectfully submitted,
NA.. r
o,
Yajai Tinkey, Ph.D., P.E.
Senior Engineer/Project Manager
(1 copy e-mailed, and 2 copies mailed)
AGREED TO7HI 2 DAY OF 4'^ ti) r , 2008
BY /t
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TITLE CiGkn17/ e7i c`-
ORGANIZATION /2Z771 St4 v ✓ a
Olson Proposal No. P2008282.2 Page 5
GENERAL TERMS AND CONDITIONS FOR WORK OF OLSON ENGINEERING,INC.
Invoices
Olson Engineering,Inc.(Olson Engineering)will submit an invoice to Client upon completion of services for short-
term projects. Invoices will be submitted on a monthly basis for long-term projects(over 1 month in duration).
Invoices will show charges for different service,personnel and expense classifications as appropriate. A detailed
breakdown of charges will be provided at Client's request. Payment is due upon presentation of invoice and is past
due thirty(30) days from invoice date, unless other payment terms are agreed to in writing. Client agrees to pay
a service charge of one and one-half percent(1.5%)per month on past due accounts.
Right-of-Entry and Utilities
Client will provide for right-of-entry of Olson Engineering and all necessary equipment in order to complete the
work. While Olson Engineering will take all reasonable precautions to minimize any damage to the property,it is
understood by Client that in the normal course of work some damage may occur,the correction of which is not part
of this agreement. Client shall be responsible for designating the location of all utility lines and subterranean
structures within the property lines of the Project. Olson Engineering will request responsible utilities to locate off-
site lines when necessary. Client agrees to hold Olson Engineering harmless for damage to utilities or subterranean
structures which are not correctly located by Client.
Nondestructive Test Data and Materials Samples
Olson Engineering will maintain nondestructive test(NDT)data that is stored on magnetic disks for a period of one
year after submitting the investigation report. Olson Engineering will retain untested samples of materials such as
concrete,soil, rock and steel for 30 days after submitting the investigation report. Further storage or transfer of
NDT data and material samples can be made at Client expense upon written request.
Ownership of Documents
All reports, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by
Olson Engineering as instruments of service,shall remain the property of Olson Engineering. Olson Engineering
will retain all pertinent records relating to the services performed for period of one year following submission of
the report, during which period,the records will be made available to Client at all reasonable times.
Standard of Care
Services performed by Olson Engineering under this Agreement will be conducted in a manner consistent with that
level of care and skill ordinarily exercised by members of the profession currently practicing under similar
conditions. No other warranty, express or implied, is made.
Variances in Conditions
Client recognizes that conditions may vary from those encountered at the locations where nondestructive tests,
boring, geophysical surveys, or destructive explorations are made by Olson Engineering and that the data,
interpretations and recommendations of Olson Engineering are based solely on the information available to it.
Olson Engineering will be responsible for those data, interpretations, and recommendations, but shall not be
responsible for the interpretation by others of the information developed.
Project Site
Client agrees that in accordance with generally accepted construction/manufacturing practices,the construction
contractor/manufacturer will be required by Client to assume sole and complete responsibility for project site
conditions during the course of construction/manufacturing on the project,including safety of persons and property.
Client further agrees to defend,indemnify and hold Olson Engineering harmless from any and all liability,real or
alleged,in connection with the performance of work on this project, excepting liability arising directly from the
negligence of Olson Engineering.
Limitation of Liability and Professional Liability Insurance
Olson Engineering's liability for damages due to professional negligence will be limited to an amount not to exceed
$50,000.00,or our fee,whichever is greater. In the event that the Client does not wish to limit our professional
liability to this sum,we will waive this limitation upon the Client's written request provided that the Client agrees
to pay for this waiver an additional consideration of 5% of our total fee or $500.00, whichever is greater. This
would provide one million dollar professional liability insurance coverage. Further the Client agrees to notify any
contractor or subcontractor who may perform work in connection with any report or study performed by Olson
Engineering of such limitation of liability for design defect, errors, omissions, or professional negligence, and
require as a condition precedent to their performing the work a like limitation of liability on their part against Olson
Engineering. In the event the Client fails to obtain a like limitation of liability provision as to design defects,errors,
omissions,or professional negligence, any liability shall be allocated between the Client and Olson Engineering
in such a manner that the aggregate liability for Olson Engineering for such report or study to all parties,including
the Client, shall not exceed $50,000.00 or the amount of Olson Engineering's fee, whichever is greater.
Other Insurance
Olson Engineering represents and warrants that it and its agents, staff and consultants employed by it is and are
protected by workmen's compensation insurance and that Olson Engineering has such coverage under public
liability, property damage, and vehicle insurance policies which Olson Engineering deems to be adequate.
Certificates for all such policies of insurance shall be provided to Client upon request in writing. Olson Engineering
shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such
insurance. Olson Engineering shall not be responsible for any loss,damage or liability arising from any negligent
acts by Client,its agents, staff, and other consultants employed by it.
Termination.Disputes and Entire Agreement
This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial
failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective
if that substantial failure has been remedied before expiration of the period specified in the written notice. In the
event of termination, Olson Engineering shall be paid for services performed to the termination notice date plus
reasonable termination expenses. In the event that a dispute should arise relating to the performance of the services
to be provided under this Agreement,and should that dispute result in litigation,it is agreed that the prevailing party
shall be entitled to recover all reasonable costs incurred in the defense of the claim,including staff time,court costs,
attorney's fee,and other claim-related expenses. These General Terms and Conditions shall be used in combination
with a proposal or a contract. These combined documents shall be the entire agreement and shall supersede any
other agreement between Client and Olson Engineering relating to the subject matter. In case of conflict or
inconsistency between these General Terms and Conditions and any other contract documents,these General Terms
and Conditions shall control.
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