HomeMy WebLinkAboutC10-302 J&K AgreementSECOND AMENDMENT AGREEMENT FOR PROFESSIONAL SERVICES FOR THE WOLCOTT TO EAGLE TRAIL PROTECT THIS SECOND AMENDMENT is made and entered' into this /, ' %day of October 2010, between Eagle County, by and through its 136rard of County Commissioners ( "County ") and J &K, Inc. ( "Consultant "). WHEREAS, County and Consultant entered into an Agreement for Conceptual Engineering Services for the Wolcott to Eagle Trail Project dated August 25, 2009 ( "Original Agreement ") wherein Consultant prepared base mapping with ownership, topography, utilities, floodplain information and a conceptual 2.2 mile trail alignment, and amended the Original Agreement by First Amendment dated March 8, 2010; and WHEREAS, the Original Agreement initiated the trail project development but did not specifically address the next phase of the project, which would consist of survey and project construction plans; and WHEREAS, the County is now desirous of moving forward with some services pertaining to construction of the trail and Consultant is willing to perform the same under the terms and conditions of the Original Agreement as amended by the First Amendment and this Second Amendment. In consideration of the terms and conditions of the Original Agreement, the First Amendment and this Second Amendment, the sufficiency of which is hereby acknowledged, County and Consultant agree that this Amendment shall add to, replace, and supersede those sections of the Original Agreement and First Amendment thereto as follows: I. Article I — Scope of Work shall be modified by the addition of the following paragraph: In addition, Consultant shall complete the following work, which will hereinafter be referred to as the "Additional Work:" 1. Prepare a preliminary drawing set meeting CDOT's requirements for a 30% complete set. 2. Revise centerline alignment based on changes noted in 9/27/2010 site walk. 3. Review, with County, new alignment before proceeding with preliminary drawings 4. Revise four sheet overview map to reflect new alignment 5. Revise plan and profile sheets to reflect new alignment. 6. Show location of retaining walls on plan and profile sheets. 7. Show drainage crossings along the centerline alignment with culvert extensions as needed. C /o_.s©cz S. Show cross sections every 200'. Target areas with trail grade and cut and fill walls. 9. Show necessary highway barriers. 10. Show right -of -way boundaries and private property boundaries on plan and profile sheets. II. Article III — Time and Performance and Termination shall be modified by the addition of the following paragraph: Section 3.02 Consultant shall commence the Additional Work by October 19, 2010 and such Additional Work shall be substantially completed by December 13, 2010, unless approved by change order to the Scope of Work and Agreement. III. Section 4.02 of Article IV — Compensation and Payment shall be deleted in its entirety and replaced with the following language: The total fee and expenses for the Work shall not exceed $22,000 as provided in the Consultant's Proposal and First Amendment Agreement, attached hereto as Exhibits "C" and "D" and incorporated herein by this reference. The total fee and expenses for the Additional Work described in Article I of this Agreement and Second Amendment shall not exceed $7,400.00. Payment shall be made in accordance with the following: a. Consultant shall submit to County monthly invoices of the time spent and expenses incurred during the previous calendar month, and described by task performed. b. The professional fees and reimbursable expenses shall be due and payable within thirty (30) days after submittal by Consultant together with submission of any required clarification and documentation. c. For the purposes of this Agreement, the term "reimbursable costs" shall include only actual out -of- pocket expenses incurred by Consultant in connection with the Work, including the reasonable expenses incurred for travel to and from Consultant's regular place of business. Reimbursable costs will include report printing and map production but not other photo- reproduction costs. d. Hourly rates shall be as provided in Consultant's Client Rate Schedule as set forth in "Exhibit C" attached hereto and incorporated herein by this reference. Fractional hours will be billed at the nearest one - quarter hour. e. The parties hereto recognize that the Scope of the Work may change. When Consultant believes that the Scope of the Work has been changed or that by reason of a decision of County it will be required to redo properly completed Work, Consultant shall immediately advise County of such belief and shall also provide a statement of the maximum additional charges for such work. Consultant shall not be entitled to be paid for any such additional work unless and until County agrees in writing that the Scope of the Work has changed and accepts the statement of the maximum additional charges. L Consultant shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment hereunder, which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time, for the purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the requirements of this Agreement and the law. g. Additional services, if required beyond the Scope of Work, shall be separately negotiated and agreed to by both the County and Consultant prior to the Consultant performing the additional service. IV. County and Consultant 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. V. If any conflict exists between the provisions of this First Amendment and the Original Agreement, the provisions of this First Amendment shall control. VI. 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 Second Amendment on the day and year first above written. K1111►(I Il`fa COUNTY OF EAGLE, STATE OF COLORADO By and Through its County Manager By: Keit P. on Eagle County CONSULTANT: J &K, INC. By: t �/r^� - Name: CA___1 C:. Title: STATE OF Ua ) ss. COUNTY OF ) � T e foregoing instrument was acknowledged be ore me this /S — day of 3 _ ' 2010j, by �� W% c� x Witness my hand and official seal. Notary Publ' My commission expires: NANCY R. WRIGHT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 12/