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HomeMy WebLinkAboutC06-024 FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND MCLAUGHLIN WHITEW A TER DESIGN GROUP TIDS AMENDMENT made and entered into this day of ::ranU4~ ' 2006, by and between the County of Eagle, State of Colorado, a body corporate and poli c, by and through its Board of County Commissioners (hereinafter "County") and McLaughlin Consulting Company dba McLaughlin Whitewater Design Group, A Colorado Corporation (hereinafter "Consultant"). WHEREAS, the County and Consultant entered into an Agreement for Professional Services dated as of October 3, 2005 (hereinafter "Original Agreement"); and WHEREAS, paragraph I.d 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 Consultant; and WHEREAS, the County wishes to further investigate the development of a whitewater park and diversion at Site 1 as described in the Eagle County Fairgrounds, Whitewater Park Site Evaluation (12/2005) report; and WHEREAS, the Original Agreement required that all work shall be completed no later than sixty (60) days from execution of the agreement; and WHEREAS, it has been determined that the following additional services are required to accomplish further investigation of a whitewater park and diversion at Site 1: 1) Data Acquisition; 2) Hydraulic Modeling; 3) Design Calculations; 4) Layout; and 5) Statement of Probable Costs, all as described in the Consultant's proposal attached as Exhibit "A" for an additional not to exceed contract price of $12,432.00; and WHEREAS, the completion of additional services requires the contract date to be extended to within ninety (90) days of execution of this Amendment. 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. Consultant shall perform the following additional services: 1) Data Acquisition; 2) Hydraulic Modeling; 3) Design Calculations; 4) Layout; and 5) Statement of Probable Costs, all as described in the Consultant's proposal attached as Exhibit "A" 2. The Agreement shall be amended to include the above listed additional services at an additional contract cost not to exceed $12,432.00. 3. The completion date of the contract is hereby extended to ninety (90) days from execution of this Amendment. 4. The County and Consultant 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. COUNTY OF EAGLE, STATE OF COLORADO, and Through Its BOARD OF COUNTY MMISSIONERS Chairman MCLAUGHLIN CONSULTING COMPANY DIB/ A MCLAUGHLIN WHITEW A TER DESIGN GROUP STATE OF COLORADO ) ) County of ) was acknowledged before me this j I c~:'I . t + as VII'R. V((,,')If en S,,~y hand and official seal. 2 Exhibit A Proposal for Whitewater Park Construction Cost Evaluation Background Eagle County wishes to further investigate development of a whitewater park and diversion at Site 1 as described in the Eagle County Fairgrounds, Whitewater Park Site Evaluation (1212005) report. The intent of this effort is to: . Establish a construction cost budget for completion of the entire project (both phases outlined in the Site Evaluation Report). . Establish a construction cost budget for just Phase 1 of the Whitewater Park/Diversion. . Establish a construction cost budget for a diversion drop structure which would improve the diversion but not include an integral whitewater park. . Provide a plan so that the County can initiate discussions with local land owners regarding the proposed/selected improvements. . Allow the County to begin (optionally) funding acquisition from sources such as GOCO. Scope of Work Information/Work Provided by the Client The County has provided existing mapping and flood studies as a part of the previous work. No additional mapping is known, or has been proposed for this effort. The County will attempt to provide design and as-built plans related to the previous diversion construction and to the modifications made during for the construction of 1-70, It is anticipated that this may require meetings with COOT personnel, and that during those meetings, the County may also wish to initiate discussions with COOT personnel regarding this project. If desired, MWDG personnel shall attend (in person or by phone) at least one or two of these meetings. The County will also acquire permission for access and assist MWDG personnel with the survey of 4 to 6 river cross- sections if needed. Boulders (in addition to those the County has stockpiled on the site) are thought to be available from local sources. County personnel shall assess local sources, and provide MWDG with material costs and availability. 7 Data Acquisition and Review: MWDG will review the information provided with regards to the impact on its recommendation and cost analysis for the proposed whitewater park and/or diversion. If needed, MWDG personnel will (with assistance by the County) survey river cross-sections. Hydraulic Modeling: MWDG will initiate a preliminary computer hydraulic model based upon available mapping, the FEMA models and any surveyed cross-sections completed as part of this study. The model will be used to establish initial existing hydraulic conditions in the vicinity of the proposed whitewater park/diversion. Design Calculations: MWDG will develop preliminary calculations needed to establish the approximate size, and location of the five proposed drop structures and intermediate pools. In q.ddition, consideration and initial calculations will be made for: . A phased project - which would initially include only the two upstream drop structures, and . A single drop structure which would re-establish control for the existing diversion but not provide for a whitewater park. Layout: Based upon the exiting mapping, hydraulic modeling and calculations described above, prepare three scaled plans which illustrate: . A refined layout of the complete (five drop) course/diversion as presented in the Site Evaluation. . A layout with only the initial two drops . A layout of a single drop structure which re-establishes control for the diversion, but does not provide for a whitewater park. . Hydraulic profiles for the three layouts will also be provided. Statement of Probable Cost A statement of probable cost will be prepared for each of the three options. Construction costs will be based upon the three layouts, existing mapping, identified locally available boulders, and unit costs (determined by MWDG) appropriate for the geographic area. 8 Schedule The McLaughlin Whitewater Design Group (MWDG) will begin work within ten days of authorization by the County and will proceed in a reasonable and continuous manner consistent with sound professional practices. The MWDG will be substantially completed within 90 days from the date this contract is signed and all information requested above is received from the County . The Client may stop engineering services (all or a designated part) upon a ten day written notice to the MWDG. The MWDG shall stop charges and cease services as soon as practical. In such case, the Client will pay only for that portion of the engineering services completed, with profit prorated. The Client shall not be liable for loss of unexpected profit by the MWDG for services not completed. Compensation The MWDG shall work on an hourly basis with a not-to-exceed limit (without prior notice) of $12,400. Statements will be billed and paid on a monthly basis according to the attached hourly rate schedule. Attachments Attachment A Current Hourly Rate Schedule Attachment B Project Budget Worksheet 9 Attachment A IL9~~hli~ ;^'h!t~w?t~r Schedule of Hourly Rates Effective January 1,2006 thru January 1, 2007 2006 Personnel Minimum Qualifications Hourly Rate Principal Engineer BS in Engineering plus 20+ years relevant experience, or MS in $125 Engineering plus 15+ years relevant experience, Professional Registration Whitewater Architect 20 years experience in the planning, layout, operations, and construction $125 of Whitewater Courses with a competitive whitewater sports background. Whitewater Planning and 20 years experience in the whitewater industry with a focus on marketing, $100 Economics Specialist and promotion with a competitive whitewater sports background. Athlete Design Consultant Leading Competitive Athletic Expert in Whitewater Sports. Also having $100 extensive experience in the design and performance of courses worldwide Senior Project Engineer BS in Engineering plus 15+ years relevant experience, or MS in $104 Engineering plus 13+ years relevant experience, Professional Registration Project Engineer BS in Engineering plus 8+ years relevant experience, or MS in $95 Engineering plus 6+ years relevant experience, Professional Registration Professional Engineer BS in Engineering plus 4+ years relevant experience, Professional $88 Registration Engineer in Training BS in Engineering plus passed FE examination $64 Resident Inspector BS degree or 4+ years relevant experience in heavy construction $66 Survey Crew Two person survey crew complete with Total station or other equipment $132 Senior Designer with CAD 10 years relevant experience $90 Station and software Architectural Technician 10 years relevant experience $80 Engineering drafter with 4 years relevant experience $75 CAD Station and software Secretarial 10 years experience with word processing and graphics experience $42 Billable Expenses Automobile: IRS rate; 4 wheel drive vehicle: IRS Rate plus 8 cents per mile; lodging & subsistence: Actual cost Special communications/printing: Actual cost Interest at 1% per month will be charged on amounts due over 60 days after invoice date. This Schedule of Rates is considered by McLaughlin Whitewater Design Group to be "CONFIDENTIAL" information. Release of any information contained herein to third parties is prohibited without express written consent of MWDG 10 '" . IJILa l!~h Ii n Whi t~"::"'?t~r BUDGET ESTIMATE EAGLE COUNTY ~ Whitewater Park Construction Cost Evaluation ESTIMA TED HOURS Athlete Senior Other Extended Subtotal Principal Design Project Engineer Designer Expenses Task Cost TASKS Engineer Consultant Engineer in Training w/CAD &Travel $125 $100 $95 $64 $90 ruT AI.. HOURS 52.0 8.0 20.0 8.0 28.0 200.0 $12.432 $12,432 Data Acquisition 200 $200 $2.080 Trip to Site & Meeting with Staff 8.0 $1,000 Calli Meeting with CDOT 2.0 $250 Review Materials 2.0 4.0 ~630 Hydraulic Modeling Existing Conditions 4.0 8.0 $1,260 $1,260 Design Calculations 4.0 2.0 $690 $690 Layout $7,082 All Phases 12.0 8.0 4.0 12.0 $3,636 1 st Phase 4.0 2.0 6.0 $1,168 Diversion Only 10.0 2.0 10.0 $2,278 Statement of Probable Costs 6.0 6.0 $1.320 $1.320 II