No preview available
HomeMy WebLinkAboutC06-025 FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SURVEYING AND CIVIL ENGINEERING SERVICES FOR THE UTILITY MAIN LINE EXTENSIONS, EAGLE COUNTY FAIRGROUNDS PAVILION THIS AMENDMENT made and entered into this O>~ day of ::IQ.nu.Q.~~ , 2006, by and between Johnson, Kunkel & Associates, Inc. (hereinafter "Consultant") and the County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter "County"). WHEREAS, the County and Consultant entered into an Agreement for Professional Surveying and Civil Engineering Services for the Utility Main Line Extensions at the Eagle County Fairgrounds Pavilion dated as of August 30, 2005, (hereinafter "Original Agreement"); and WHEREAS, the County desires to extend the project beyond the scope of services described in the Original Agreement; and WHEREAS, paragraph 4.f 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 Original Agreement required that all work shall be completed no later than December 31, 2005; and WHEREAS, it has been determined that the following additional services are required for the desired project extension: 1) Field survey additional routing of the water line (approximately 2900 linear feet); 2) Design additional water line (approximately 2900 linear feet); 3) Coordinate with the Town of Eagle Public Works Department and the Eagle County Engineering Department; 4) Prepare water plan and profile construction drawings; 5) Meetings with the Town or Eaglt; Public Works Department and the Eagle CountY Engineering Department; 6) Provide a preliminary engineering estimate of additional work; 7) Provide easements for the water to be given to the Town of Eagle; 8) Provide as-built drawings for both the Town of Eagle and Eagle County, including digital AutoCAD files; and 9) Provide construction staking for the water line only together with certain Scope Assumptions as described in the Consultant's proposal attached hereto as "Exhibit A." Such additional services shall be performed at a not to exceed fee of $29,000.00. WHEREAS, the completion of additional services requires the contract date to be extended to July 31, 2006. 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: I) Field survey additional routing of the water line (approximately 2900 linear feet); 2) Design additional water line (approximately 2900 linear feet); 3) Coordinate with the Town of Eagle Public Works Department and the Eagle County Engineering Department; 4) Prepare water plan and profile construction drawings; 5) Meetings with the Town of Eagle Public Works Department and the Eagle County Engineering Department; 6) Provide a preliminary engineering estimate of additional work; 7) Provide easements for the water to be given to the Town of Eagle; 8) Provide as-built drawings for both the Town of Eagle and Eagle County, including digital AutoCAD files; and 9) Provide construction staking for the water line only together with certain Scope Assumptions as described in the Consultant's proposal attached hereto as "Exhibit A." 2. The Agreement shall be amended to include the above listed additional services at an additional contract cost not to exceed $29,000.00. These additional services shall be billed for separately from those of the Original Agreement. 3. The completion date of the contract is hereby extended to July 31,2006. 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. 2 ATTEST: ,...--'--.- ~'1: eak 1. Simonton, Clerk to the Board of Chairman County Commissioners JOHNSON, KUNKEL & ASSOCIATES, INC. By: CJ2w~~ A Name: C \r- r:" \ ~ :\\\ c.~ :;, Title: \f~ STATE OF COLORADO ) ) County of ) was acknowledged before me this by as WITNESS my hand and official seal. My commission expires 3 .' .JOhnson. Kunkel & Associates. Inc. .errainv. · ~ · CIVIL ENGINEERING. STRUCTURAL ENGINEERING' SURVEYING' MAPPING 1 ""',<<_0j%%%_ ESTABLISHED 1972 ('COl1VC .\fappin,r.; ')cn.'IC(S IBID January 11, 2006 Greg Schroeder Eagle County Engineering Department P.O. Box 850 Eagle, CO 8163 I RE: Additional Work Proposal (CO#l), Water Main Line Extension, Eagle County Animal Shelter .J}( Job # EA05-308 Dear Mr. Schroeder: Johnson, Kunkel & Associates, Inc. is pleased to submit a proposal to render additional Professional Surveying and Civil Engineering Services for the Water Main Line Extension, Eagle County Animal Shelter. Work will be performed in accordance with the Eagle County Land Use Regulations, Town of Eagle Land Use Regulations and standard surveying and engineering practices. Our proposed scope of work is described as follows: Additional Senice Scope (CO#l): . Field survey additional routing of the water line (approximately 2900 linear feet), survey to include edge of pavement, fences, existing deep and shaJlow utilities. . Design additional water line (approximately 2900 linear feet) connecting at station 39+09 Johnson Kunkel and Associates, Inc. construction drawings sheet 5 of9,job # EA05308. . Coordinate with the Town of Eagle Public Works Department and the Eagle County Engineering Department. . Prepare water plan and profile construction drawings. (50 scale) . Meetings with Town of Eagle Public Works Department and the Eagle County Engineering Department. (2 hours) . Provide a preliminary engineering estimate of additional work. . Provide easements for the water to be given to the Town of Eagle. . Provide as-built drawings for both the Town of Eagle and Eagle COUllty, including digital AutoCADfiles. . Provide construction staking for the water line only. (one time staking only) Scope Assumptions: . Water model is not part of the scope of work. . Construction management or observation is not part of the scope of work. . Owner is responsible for procuring all utility locates in advance of the as-built survey. . Raw water relocation design is not part of the scope of work. . All permit fee requirements will be handled by the owner. . Eagle County to allow LIse of GIS information. P.O. Box 409' 1286 Chambers Ave. . Suite 200. Eagle, COlorado 81631 . Phone: (970) 328-6368 . Fax: (970) 328-1035 Johnson, Kunkel & Associates. Inc. Schedule . Work will be scheduled after the proposal is signed. Total Cost Not To Exceed: $29,000.00 This estimate is based on our current understanding of this project. Actual cost may vary based on unexpected site constmints, additional services required by Eagle County, Town of Eagle or changes to the project aIter work has begun. We will infonn you of any changes affecting the estimated fee as we become aware of them. Additional work will be billed at an hourly rate. The fee to be paid shall be based on actual time spent in accordance with the current rate schedule which will be supplied at your request. Reimbursable expenses incurred, including copy and reproduction services, express postage, Eagle County fees and delivery services in connection with all basic and additional services will be charged on the basis of actual cost plus ten percent. If the job is canceled after the Letter Agreement is signed, it is a.!:,'Teed that payment will be made tor all services pertonned prior to the cancellation date. We will bill you monthly for basic services and reimbursable expenses. The above financial arrangements are on the basis of prompt payment of our bills and the orderly and continuous pro.!:,'Tess of the project. Services are to be rendered in accordance with standard accepted surveying and engineering practices which, in addition to the Eagle County Agreement for Professional Surveying and Civil Engineering Services which is attached and made part of this proposal. This proposal and the Eagle County Agreement for Professional Surveying and Civil Engineering Services represent the entire understanding between you and us in respect to the project and may only be modified in writing signed by both parties. If it satistactorily sets forth your understanding of our agreement, please sign the enclosed copy of this letter, in the space provided below, and return it to us. If your signature is not received within 30 days of the date of this letter, this proposal is void. Sincerely, (9-1)) ~L ~ 'cnris Williams. Vice President/Production Administrator Johnson. Kunkel & Associates, Inc. Accepted this_day ,2006 By: Tille: Print Name: Page 2 of 2 GENERAL PROVISIONS give prompt written notice to ENGINEER whenever CLIENT observes or otherwise becomes aware of any Attached to and made a part of the LETTER defect in the work. AGREEMENT AND WORK ORDER. dated Januarv CLIENT shall also do the following and pay all costs II, 2006 between~ Eagle County (CLIENT) and Johnson, Kunkel & Associates. Inc. (ENGINEER) in incident thereto: respect of the Project described therein. Provide a geotechnical report of the site prepared by a licensed geotechnical engineer. SECTION I - BASIC SJ;:RVICES OF ENGINEER Provide a current title policy. General SECTION 4 - MEANIN(; OF TERMS ENGINEER shall perfonn for CLIENT professional As used herein the term "this Agreement" refers to the surveying and engineering services, in all phases of the Project to which this Agreement applies as provided in Letter Agreement to which these General Provisions are the letter agreement. These services will include serving attached and to these General Provisions, as if they were as CLIENT's professional engineering and surveying part of one and the same document. representative for the Project, providing professional Reimbursable Expenses mean the actual expenses engineering consultation and advice and furnishing incurred by ENGINEER or ENGINEER's independent customary civil and structural services incidental professional associates or consultants directly or thereto. indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental SECTION 2 ADDITIONAL SERVICES OF thereto; obtaining bids or proposals from Contractor(s); - providing and maintaining field office facilities ENGINEER including furnishings and utilities; subsistence and transportation of Resident Project Representatives and Nonnal and customary engineering services do not their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, include service in respect of the following categories of Bidding Documents and similar Project-related items in work which are usually referred to as Additional addition to those required under Section I; and if Services. authorized in advance by CLIENT, overtime work 2.1.1 If CLIENT wishes ENGINEER to perfonn requiring higher than regular rates. any of the following Additional Services, CLIENT shall so instl1lct ENGINEER in writing. and ENGINEER shall perfonn or obtain from others SECTION 5 - MISCELLA.l"1EOUS such services and will be paid there lor as provided in the Letter Agreement: Furnishing the services of independent Reuse of Documents. professional associates or consultants for other All documents including Drawings and Specifications than Basic Services. prepared or furnished by ENGINEER (and Services during out-of-town travel other than ENGINEER's independent professional associates and visits to the site. consultants) pursuant to this Agreement are instruments Preparing to serve or serving as a consultant or of service in respect of the Project and ENGINEER witness in any litigation, arbitration or other legal shall retain an ownership and property interest therein or administrative proceeding except where whether or not the Project is completed. CLIENT may required as part of Basic Services. make and retain copies for infonnation and reference in connection with the use and occupancy of the Project by SECTION 3 . CLIENT'S RESPONSIBILITIES CLIENT and others; however, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on CLIENT shall provide all criteria and full infornlation any other project. Any reuse without written as to CLIENT'S requirements for the Project; designate verification or adaptation by ENGINEER for the a person to act with authority on CLIENT's behalf in specific purpose intended will be at CLIENT's sole l"isk respect of all aspects of the Project; examine and and without liability or legal exposure to respond promptly to ENGINEER's submissions; and ENGINEER, or to ENGINEER's independent 101'2 professional associates or consultants, and CLIENT Agreement to anyone other than CLIENT and shall indemnifY and hold harmless ENGINEER and ENGINEER, and all duties and responsibilities ENGINEER's independent professional associates and undertaken pursuant to this Agreement will be for the consultants from all claims, damages, losses and sole and exclusive benefit of CLIENT and expenses including attorney's fees atising out of or ENGINEER and not for the benefit of any other party. resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at 5.8 Warranty and Limitation of Professional rates to be agreed upon by CLIENT and ENGINEER. Liability Other Provisions Concerning Payments. 5.8.1 ENGINEER's only warranty or guarantee ill connection with services pertonned in respect of the If CLIENT fails to make any payment due project is that the services will be performed with the ENGINEER for services and expenses with thirty days care and skill ordinarily exercised by members of the after receipt of ENGINEER's statement therefor, the profession practicing under similar conditions at the amounts due ENGINEER will be increased at the rate same time and in the same or similar locality. No other of I WYO per month from said thirtieth day, and in warranty, expressed or implied, is made. addition, ENGINEER may, after giving seven days' written notice to CLIENT, suspend services under this 5.8.2 ENGINEER's liability for damages due to Agreement until ENGINEER has been paid in full all errors, omissions or professional negligence, will be amounts due for services, expenses and charges. limited to a sum not to exceed $50,000, or double the 5.3.1. Ifit becomes necessary for fee, whichever is greater. ENGINEER to pursue legal action to collect any outstanding balance, it is agreed that the CLIENT is responsible for payment of all reasonable attorney's fees and collection fees that may be incurred. Termination The obligation to provide further services under this Agreement may be telminated by either party upon seven days' written notice in the event of substantial tailure by the other party to per/ornl in accordance with the tenns hereof through no fimlt of the ternlinating party. In the event of any termination, ENGINEER will be paid for all services rendered to the date of temlination, all Reimbursable Expenses and ternlination expenses. Controlling Law. This Agreement is to be governed by the law of the principal place of business of ENGINEER. Successors and Assigns. 5.6.1 CLIENT and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and ENGINEER (and to the extent permitted by paragraph 5.6.2 the assigns of CLIENT and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representative (and said assigns) of such other party, in respect of all covenants, agreements and obligations of the Agreement. 5.6.3 Nothing under this Agreement shall be constmed to give any rights or benefits in this 20f2