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HomeMy WebLinkAboutC12-116 River Restoration First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND RIVER RESTORATION.ORG LLC FOR BOAT LAUNCH DESIGN AT TWO BRIDGES SITE THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 9 41 day of , 2012, between Eagle County, Colorado ( "County ") and River Restoration.Org, LLC ( "Contractor "), a Colorado limited liability company with a principal place of business at 1175 CR 154, Glenwood Springs, Colorado 81601. WHEREAS, County and Vendor entered into an Agreement dated February 7, 2012 for the design of a boat launch at County's "Two Bridges" Open Space Parcel ( "Original Agreement "); and WHEREAS, County and Vendor wish to amend the terms of the Original Agreement to expand the scope of work and compensation provisions. NOW, THEREFORE, in consideration of the foregoing premises, County and Vendor agree that the Original Agreement will be amended as follows: 1. Article 1 — Scope of Work — shall be amended by the addition of the following language to paragraph 1.1: Contractor further agrees to provide all services, labor, personnel and materials to perform and complete the services set forth in Contractor's Revised Proposal dated March 12, 2012 (hereinafter incorporated into the definition of "Services" or "Work ") which is attached hereto as Exhibit C and incorporated herein by this reference. Contractor will use its expertise and skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit C, this Agreement shall control. All Work shall be completed no later than March 30, 2012. 2. Article 2 — County's Representative — shall be amended by the addition of the following language as Paragraph 2.2: 2.2 The Eagle County Project Manager shall be authorized to sign change orders increasing the scope of work and associated compensation within the budget constraints set for this project. Change orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. 3. Article 4 — Compensation — shall be deleted in its entirety and replaced with the following language: For the Services to be provided hereunder, County will pay Contractor the amounts provided in Exhibits "A" and "C." The maximum amount of 312d ( compensation under this Agreement shall not exceed fourteen thousand thirteen dollars ($14,013) without a change order signed by both parties in accordance with the terms of the Agreement. 3. 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. 4. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the day and year first above written. EAGLE COUNTY, COLORADO By and through its County Manager By: _� .��� -_ < Y� Keith Montag County Manager RIVER RESTORATION.ORG, LLC B 4 Title - d « -C ' e — ENNIFERMOSER STATE OF Co 1 , 4. d v ) NOTARY PUBLIC ) ss. STATE OF COLORADO COUNTY OF (..7 , ; t ? ) My Commission Expo 02/0512015 The foregoing instrument was acknowledged before me by .1 C. .�.- y as e r v, c. ;e., \ oC (2.. , this 7 day of 0-1 •. , 2012. My commission expires: a - a o IS ( 7.---1 --- //'' /Z( ' ^------ Not Pu is �� IVE PO Box 2123 Glenwood Springs, CO 81601 (970) 947 -9568 REVISED March 12, 2012 Rick Ullom Eagle County, Construction Manager Project Management Department Office: 970 - 328 -8780 Mobile: 970 -471 -0439 RE: Proposal Amendment for Eagle County Open Space Boat Launch Design at Two Bridges Dear Rick, RiverRestoration would like to offer additional engineering services beyond those contracted on February 7 2012 to conduct Pre Construction Notification required at the Two Bridges Eagle County Open Space in order to obtain USACE 404 permit approval and to finalize construction design plans and specifications. Task 4 Permitting and Coordination Due to unforeseen circumstances outside RiverRestoration's control, Pre Construction Notification (PCN) will be necessary for the completion the US Army Corps of Engineers 404 permitting requirements, at the Two Bridges project site. As described in Task 4 of RiverRestoration's Scope of Work (SOW) fees required to fulfill PCN requirements were not included in our original cost estimate. "This effort assumes that the County selected design can be constructed under a Nation Wide Permit and that Pre Construction Notification (PCN) or a 404 Individual Permit will not be required." RiverRestoration estimates and additional 16 hours will be required to fulfill the requirements of the PCN. Task 5 Final Design Plans and Specifications The selected boat launch concept design (below the bank elevation) will be fmalized with details, sections, plan views and technical specifications to be included in an Advertisement for Bid for the greater project. Final design of the supporting facilities is not included herein. The itemized cost opinion based on fmalized design quantities will be updated and modified to create a bid tab. Language for pre - qualification of Contractors will also be supplied. This Task assumes that Eagle County will be responsible for all required County permits. Eagle County will also be responsible for preparing and advertizing for bid, including general and special conditions. We will review bids and qualifications and rank up to two Contractors. Our engineer will attend 1 combined prebid meeting on -site. EXHIBIT 0 ,1 Oil .Th N.Oi�G � PO Box 2123 Glenwood Springs, CO 81601 (970) 947 -9568 The original contract amount assigned for the design and permitting of the Two Bridges Eagle County Open Space Boat Ramp (Task 1 -4) was $9,747.00. The additional contract amount ($4,266.00) describing the amendments to Task 4 and the addition of Task 5 brings the updated total contract cost to $14,013.00. We have greatly enjoyed working on this project to date and look forward to completing the 404 permit PCN. If you have any questions or concerns regarding this task amendment, please contact me at your convenience. Sincerely, icd 0-1( Jason Carey P. 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