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HomeMy WebLinkAboutC08-296 FIRST AMENDMENT TO AGREEMENT FOR DESIGN AND CONSTRUCTION AT THE EAGLE RIVER PRESERVE THIS FIRST AMENDMENT is made and entered into this~Q day of September 2008, between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "County") and American Civil Constructors (hereinafter referred to as "Contractor"). WHEREAS, County and Contractor entered into an Agreement for the Design and Construction of Eagle River Preserve dated July 23, 2007 ("Original Agreement") wherein Contractor worked with licensed architects to design and develop Phase I of the Eagle River Preserve ("Preserve") consisting of roughly 25 acres as a passive recreational park. WHEREAS, the Original Agreement contemplated but did not specifically address Phase II of the project, which would consist of designing and developing the remaining 47 acres of the Preserve. WHEREAS, the County is now desirous of moving forwazd with Phase II services and Contractor is willing to perform the same under the terms and conditions of the Original Agreement and this First Amendment. In consideration of the terms and conditions of the Original Agreement and this First Amendment, the sufficiency of which is hereby acknowledged, County and Contractor agree that this Amendment shall add to, replace, and supersede those sections of the Original Agreement as follows: Article I -Work. Article 1.1-Last Sentence, shall be deleted in its entirety and replaced with the following: "Article 1.1. In Phase 1, roughly 25 acres of the property will be designed and constructed as the Preserve. In Phase II, roughly 47 acres will be designed and constructed as may be agreed to by the Parties through Amendments or Change Orders." Article 1.2 -First Sentence, shall be deleted in its entirety and replaced with the following: "Article 1.2. Contractor covenants and agrees that it shall be responsible for both the design and for performance of the construction work necessary to complete Phase I of the project and those portions of Phase II that have been agreed to be the Parties through Amendments or Change Orders." "Article 1.2(A) -Landscape Design Services shall be modified with the addition of the following paragraph: - - -- ---- "In addition to the Landscape Design Services identified above, Contractor shall contract with the Design Team for the preparation of the design for Phase II of the project as i particularly identified in Exhibit "A" to this First Amendment, attached hereto and incorporated herein by this reference." "Article 3 -Contract Time shall be modified with the addition of the following paragraph: "The Phase II work identified on Exhibit "A" shall commence on or before September 1, 2008, and be substantially completed on or before the target date of April 30, 2009 and be ready for final payment in accordance with Article 6.3 hereunder. Completion dates for any further Phase II work identified by the Parties through further Amendments or Change Orders shall be mutually agreed to by the Parties at such time." 'Article 4.2 -Contract Price shall be modified with the addition of the following paragraph: "The Guaranteed Maximum Price for the Phase II work identified on Exhibit "A" shall be $26,390.43, inclusive of Contractor Fee, bond, insurance, and all other costs. Guaranteed Maximum Pricing far any further Phase II work identified by the Parties through further Amendments or Change Orders shall be mutually agreed to by the Parties at such time." County and Contractor agree that, except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect during the modified term, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this First Amendment and the Original Agreement, the provisions of this First Amendment shall control. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. //REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK// ,~ IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year first above written. COUNTY: ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY ('OMMISSIONERS Teak Simonton ''~"~~ `" Clerk to the Board of County Commissioners ~~ ~. - = _---_--- ; p-~-n yr CONTRACTOR: STATE OF ss. COUNTY OF ) AMERICAN CIVIL CONSTRUCTORS By: ~ C~ Name: LJ T00~ SM111-I Title: D1V 151()/U NV-1/~fA C~~ The foregoing instrument was acknowledged before me this 2008, by Witness my hand and official seal. day of Notary Public My commission expires: PROJECT: EAGLE RIVER PRESERVE PHASE II CUSTOMER: Eagle County Government Facilities Management Department 590 Broadway, Po Box 81631 Ea le, Colorado 81631 QUOTE PROPOSAL REQUEST NO. REQUEST DATE: 7/23/2008 ACC PROJECT #: 2011107 OWNER PROJECT #: CUSTOMER CONTACT: Rick Ollom ACC CONTACT: Chad Anema QUANTITY DESCRIPTION UNIT PRICE AMOUNT '[ Task 1 Signage Design $ 6,179.00 $ 6,171.00 $ - Eagle River preserve Phase 11 Conceptual Design 1 Task 1 Information Gathering and Project Kickoff Meeting $ 3,047.00 $ 3,047.00 1 Task 2 Schematic Design $ 8,600.00 $ 8,600.00 1 Task 3 Final Conceptual Design $ 7,436.00 $ 7,436.00 1 Umbrella + builders risk, and bond = 4.5°~6 $ 9,136.43 $ - See Attached proposal by Norris Design $ - $ - $ - $ - $ .. $ - $ - $ - $ - $ - $ - $ - SUBTOTAL $ 26,390.43 TAX FREIGHT $ 26,390.43 CHANGE REQUEST ACCEPTED BY: AMOUNT DATE: THANK YOU FOR YOUR BUSINESS! ,~ ~ ' 1141 Eannotk su~ec NpRI~iS DESIGN lltnvcr, Colafado 54204 P 303.892.1166 P 303.&93.1186 Planratg ~ LantLuzpe ArohHeclttlE Eagle County Open Space Signage Project Eagle County, Colorado - Design Proposal July 14, 2D08 _ While devebpir~ designs for the Eagle River Preserve located in Edwards, Colorado, we began to.discuss the need for an entry monument and information signage that could be used throughoutthis project. We have come to find out that the County does not currerdty have a set standard for signage at their Open Space Parks. Since it has been expressed that we should include same sort of signage in tl~e Eagle River Preserve, Norris Design would like to purpose a scope of work that would"allorV us m develop a hierarchy of signage types to show what these would look like conceptually. These signs would be used at the Preserve, but could also be used as the standard throughout Eagle County's Open Space system. In addition to the signage standards, we noticed that the County curreptiy does not have an interactive map of their -. open space parks on the intemet Norris Design would.also like to include the development of an interactive map that would show interr~t users where the~open space parks are located 'tn the County and then, by using a link on the map, could display an almost endless amount of site sp~ific information pert~nirx1 to the particular site they selected with their cursor. We propose to undertafce the design of these elements on a graduated basis where we could begin by providing the County with three conceptual versions of each type of signage far your review, We wauki also inc{ude the development of the framework for the interactive mapping. Developing the carrtent for the signs and the information on the interactive website map will require a goad deal of cooNinatian with the county and wou{d have to be undertaken as an extension of this contract as a change artier. - Task is Signage Development Nonris Design will provide the County with three concep#uaJ designs for each signage type that will show the form of the sign only. Content and text can be added at a later date. We anticipate developing designs for the following types of signage: . + , Eniry_Manurrrent « (nformation Kiosk - • Way finding Signage • • Informational Signage We will present the drawings to the County for review ark include one round of revisions to finalize a conceptual design. If funds become available to continue this project, we will develop construction documents, which wilt. include sign content under a change order to this contact Deliverables: One project kick-off meeting in Eagle County rn review existing open space park signage Three conceptual versions of each of the above mentioned signs.. One design review meeting __ One round of revisions . One tmal design of the selected sign tYU/7J4tt017iS-latS)g!!. LAt}t L?nun~, CU + Cl~irq~, IL t Frisa, CD t Phoenix, AZ +Trrc=on,AZ ., t 101 Bannock Svut - Uenver, Colorado SO'_'04 P 303.392.ttb6 F 303.842,1186 ..) . NQl~S ©FSlGN Planning ~ l.andsrapeArch~eclure Eagle River Preserve Phase 2 Conceptual Design Edwards, Colorado -• ~, - E.andscape Architecture Design July 14, 2008 ~ ~ , Norris Design will provide conceptual design services for Phase 2 of the Eagle River Preserve in Edwards, Colorado, The project will invohre completing the design of the portion of ttie s'de where fill "placement is expected to be completed in 2008. The intent of the original conceptual design provided by Shapins Associates wnll be followed, but we will make adjustments to accomnwdate site specific conditions. We will build f~xibility into the designs to handle different scenarios, while at the same time meeting the vision that has been originally created for the project Our goal wilt be th produce a graphic rendering of how we see the site developing now that Phase 1 is complete and the area of Phase 2 has begun fo be filled in and shaped, We will provide the County with a colored graphic rendering representing both Phase 1 and Phase 2, Construction Documents are not included in this proposal and wilt be developed under a ~parate contract. ~ . Scope of Work ~ - Task 1-fnfam~a#fon Gathering and Project lCck-Ulf Mee#Jng Norris Design will meet with representatives from Eagle Cmanty at the project site io review the.vision for Fhase 2 of the project and to ensure we understand the opportunities and constraints presented orti the west side of the Preserve. We will review the currentstate of the Presence fo obtain information regarding current and anticipated . topography. We will also use our own CPS device to locate any. additional features thatvuill be iniportanf for our designs. Given the size of the site ar~i the tack of a full and accurate base, this wilt be critical to providing a sua~ssful design. ~ + Deliverables: Rtfend~ne projectkick-off meeting on site fo review existing condifions and develop iafeas Attend one field reconnaissance site visit fo GPS the anticipated boundary of Phase 2 Task 2 -Schematic Design - Norris Design will provide preliminarydrawingslndicating locations of, trails, site amenities, plantings, water features, terming, and any new ideas that may be revealed at the kickoff meeting, This preliminary design will investigate the test possible alternatives for haw we shape the landscape, how we will move the water through it, and also how we let people engage in it. The existing conceptual design is a good starting point, but the site offers so many subtleties and opportunities That should be explored in f ner detail so that we can provide the absolute best option for the ~op(e of Eagle County. ' We anticipate one design review meeting where we will present prelimir~ry concept graphs renderings of our ideas to Eagle County and possibly fD the Vail Valley Foundation. We will also be able to provide a preliminary constnlction cost estimate at this time as well. ' -Deliverables: Atfend one design review meeting with the counfy to present preliminary concept design' -- -- - ---- One 30°~r42' prefiminary.graphic (black and white) - ---- - -- - Up to two rounds of revisions ' tmuuauorris-drstge.ront Demrer, CO t Ckiatqu, 1L + friyu, CO + p(toeeic,A7 +Tirnen,.4Z • x , Task 3 -Final Conceptuat Design Once the design has been reviewed and we have discussed any comments or concerns, Norris Design will make the appropriate changes to the plan and wi1E prepare a final presentation quatity graphic rendering. We can also be available to present this drawing to the Vail Valley Foundation or other groups to assist with fund raising efforts. • D~lverabtes: One 3Q"x42' color graphic rendering mounted on foam board _ One electronic copy of the color nvidering on CD . • Attend one final design meafing to present Nre final graphic to Eagle County Addiflonal Service: Be available ro offend and/or present ar meetings arfundraisers as-needed AGREE[rIiENT f]UALIFiCATlt7N5 ` A. Assumptions If appropriate, the client ar design team shall provide to Norris Design the folbwing information or services as~ required for performance of the work. Noms Design assumes no responsibi{ity for the accuracy of soh infonna6osr ar services, and shall not be liable for' errors or omissions therein, .Should Norris Design be requires to provide services in obtaining ar coordinating comp0atian of this information; such services shall be billed as Additional . Services, In order t6 begin work, we may require the foHow~ng infarrrratian: _ 1, Topographic Survey . 2. Surveying ~ ~ ` 3. ALTA Survey • 4. Phase t or Other Environmental Site Assessment Report _ _ 5; Soi(slGeology Reports 6. Traffic Study 7. Engineered site plan in CAD format lie. roads, walks, ROW, PL, Utilifies, Easements, etc. B. Exclusions ' All specific deliverables far this project are identified within the Scope of Work portion of this agreement. The following infoimatian is not a part of the agreement and would be proposed under a separate agreement if required. Should Norris Design be required to provide services in obtaining ar coordinating compilation of this information, such services shalt be biped as Additional Services. It is understood that some of these services may be able to be obtained through Eagle County's own staff. ~ . 1. Conslructian 17ocuments 7•. Civil Engineering ~ , 3. E}ectrica! Engineering 4. tutechanical Engineering 5. Water Resaurces_Engineering _ _ _ . 6. Traffic EngineeringlStudy 7. Architectural Building Design 8. Wetland delineations and permitting