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HomeMy WebLinkAboutC03-218 Loris and Associates, Inc._. co3 -Z. l ~-Sa FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE FINAL ENGINEERING DESIGN OF THE REPLACEMENT CEMETERY BRIDGE THIS AMENDMENT made and entered into this ,l~ day of 2003, by and between Loris and Associates, Inc. (hereinafter "Contractor") and the County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter "County"). WHEREAS, the County and Contractor entered into an Agreement for Professional Services for the Final Engineering Design of the Replacement Cemetery Bridge dated as of April 1, 2002 (hereinafter "Original Agreement"); and WHEREAS, paragraph 4.g of the Original Agreement provided that additional services, if required beyond-the scope of work, shall be separately negotiated and agreed to by both the County and Contractor; and WHEREAS, the Original Agreement required that all work shall be completed no later than December 31, 2002; and WHEREAS, it has been determined that the following additional services are required for successful completion of the project: 1) Change the abutment design from a sloping riprap to a MSE retaining wall to keep the toe of the abutment out of the river, improve the hydraulics and aesthetics of the bridge design for a cost not to exceed $30,625.04; 2) Additional soils investigation and utility location work required by FHWA to obtain federal funding for the project for a cost not to exceed $15,845.96; 3) Separate the Highway 6 improvements from the bridge construction drawings and specifications to be contracted directly by Eagle County rather than through Colorado Department of Transportation (CDOT) because of contractual issues CDOT must follow and CDOT will charge 17% of the construction cost for project management for a cost not to exceed $8,056.99; 4) Boundary survey to facilitate the property transfer from the Donovan's to Eagle County for a cost not to exceed $1,493.59, and; 5) Design changes to improve pedestrian and bicycle safety for a cost not to exceed $5,825.34. WIlEREAS, the completion of additional services requires the contract date to be extended to December 31, 2003. NOW THEREFORE, in consideration of the terms and conditions of the Original Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Contractor shall perform the following additional services: 1) Change the abutment design from a sloping riprap to a MSE retaining wall to keep the toe of the abutment out of the river, improve the hydraulics and aesthetics of the bridge design for a cost not to exceed $30,625.04; 2) Additional soils investigation and utility location work required by FHWA to obtain federal funding for the project for a cost not to exceed $15,845.96; 3) Separate the Highway 6 improvements from the bridge construction drawings and specifications to be contracted directly by Eagle County rather than through Colorado Department of Transportation • • (CDOT) because of contractual issues CDOT must follow and CDOT will charge 17% of the construction cost for project management for a cost not to exceed $8,056.99; 4) Boundary survey to facilitate the property transfer from the Donovan's to Eagle County for a cost not to exceed $1,493.59, and; 5) Design changes to improve pedestrian and bicycle safety for a cost not to exceed $5,825.34. 2. The Agreement shall be amended to include the above listed additional services at an additional contract cost not to exceed of $61,846.92. 3. The completion date of the contract is hereby extended to December 31, 2003. 4. The County and Contractor agree that, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. 5. If any conflict exists between the provisions of this Amendment and the Original Agreement, the provisions of this Amendment shall control. 6. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 2 .r .~ • COUNTY OF EAGLE, STATE OF COLORADO, ®~ ~`~~ co By and Through Its BOARD OF COUNTY ATTEST: ~' °4 COMMISSIONERS ~ ~ oQ ®® By: Teak J. Simont n, Michael L. Gala er, Clerk to the Board of Chairman County Commissioners LORIS AND ASSOCIATES, INC. By: Name: Title: STATE OF COLORADO County of ~~~ ~ The foregoing was acknowledged before me this ~~ day of rQ~i.,~,,S, , 2003 by P2rs,~ T 1-r>~r~ as PR~S(v~N~ of Loris and Associates, Inc. VVTTNESS my hand and official seal. My commission expires ~~v~Zr/os ~~a ~~r,~l~. Notary 3