HomeMy WebLinkAboutC15-305 AMEC Foster Wheeler Environment & Infrastructure, Inc. Third AmendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. FOR
PROFESSIONAL DESIGN SERVICES FOR
EAGLE COUNTY BRIDGE EAG- 301 -23.5
TH THIRD AMENDMENT ( "Third Amendment ") is effective as of the i 01 day of
2015 by and between AMEC Foster Wheeler Environment & Infrastructure, Inc.,
rme y AMEC Earth & Environmental, Inc., a Colorado corporation (hereinafter "AMEC"
"Consultant" or "Contractor ") and Eagle County, Colorado, a body corporate and politic
(hereinafter "County ").
RECITALS
WHEREAS, County and Consultant entered into an agreement dated the 13th day of September,
2011, for certain Services (the "Original Agreement "); and
WHEREAS, the Original Agreement contemplated that the Consultant would perform certain
duties with compensation in an amount not to exceed $306,746.00; and
WHEREAS, by a First Amendment to the Original Agreement dated October 30, 2012 ( "First
Amendment ") the Original Agreement was amended to expand the scope of Services and
compensation with compensation in an amount not to exceed $41,631.00; and
WHEREAS, the Original Agreement was further amended by a Second Amendment dated
February 4, 2013 ( "Second Amendment ") to expand scope of Services and reassign
compensation resulting in no additional cost; and
WHEREAS, County and Consultant desire by this Third Amendment to further expand the scope
of Services and compensation as set forth in the Original Agreement.
THIRD AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
The Original Agreement shall be amended to include Additional Services as
described in Exhibit A -3, which is attached hereto and incorporated herein by
reference.
2. The compensation for the Additional Services set forth in Exhibit A -3 shall not
exceed $20,813.00 or a total maximum compensation under the Original Agreement,
First Amendment, Second Amendment, and this Third Amendment of $369,190.00.
Consultant shall bill for its time on an hourly basis as set forth in Exhibit A -4 subject
to the not to exceed amount set forth herein.
3. Capitalized terms in this Third Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the Third
Amendment conflict with, modify or supplement portions of the Original Agreement,
First Amendment or Second Amendment, the terms and provisions contained in this
Third Amendment shall govern and control the rights and obligations of the parties.
4. Except as expressly altered, modified and changed in this Third Amendment, all
terms and provisions of the Original Agreement, First Amendment, and Second
Amendment shall remain in full force and effect, and are hereby ratified and
confirmed in all respects as of the date hereof.
5. AMEC Foster Wheeler is the successor in interest to AMEC Earth & Environmental,
Inc., a Colorado corporation and as such assumes and agrees to be bound by the terms
and conditions of the Original Agreement and any amendments thereto. County
hereby acknowledges and consents to such assignment and assumption.
6. Consultant agrees that the following language has and shall continue to apply to all
Services performed under the Original Agreement and any Additional Services
performed under any amendment:
a. Consultant shall comply with 49 CFR 18.36(i) and (i) the design work under the
Original Agreement and any amendments shall be compatible with the
requirements of the contract between the County and State of Colorado (which is
attached to the Original Agreement as Exhibit C) for the design/construction of
the Project. The State of Colorado is an intended third party beneficiary for that
purpose; (ii) upon advertisement of the Project for construction, the Consultant
shall make available services as requested by the State to assist the State in the
evaluation of construction and the resolution of construction problems that may
arise during the construction of the Project; (iii) the Consultant shall review the
Construction Contractor's shop drawings for conformance with the contract
documents and compliance with the provisions of the States' publication,
Standard Specifications for Road and Bridge Construction, in connection with the
Services or Additional Services.
7. This Third Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
2
Eagle County Am Scope and Comp Final 5114
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the
Original Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD OF
COUNTY COMMISSIONERS
By:
rKath/04v
dl Chair
NKic.
Attest:
LN
Simonton, Clerk to the B
AMEC os er Whe nv' onment & Infrastructure, Inc.
By: l/
Print Name:
Title:
State ofCploeAho
County of ]��.fflyek
The foregoing instrument was acknowledged before me this 30 day of is , 20 L9 by
, its \J 1 cx f `rig l0La*-i of
o L 0� AMEC Foster Wheeler Environment &
Infrastructure, Inc.
My commission expires:
Notary Public
JENNIFER A ZWEIGBAUM
Notary Public
State of Colorado
Notary 10 20124073564
My Commission Expires Nov 9, 2016
3
Eagle County Am Scope and Comp Final 5114
Exhibit A -3
amec
foster
wheeler
March 24, 2015
Attention: Ben Gerdes, PE
Senior Staff Engineer - Eagle County Engineering Department
Eagle County Building
500 Broadway, Second Floor
Eagle, CO 81631
Re: Design Support during Construction - Burns Bridge Replacements on CR 301 over the
Colorado River, Eagle County, Colorado
Dear Mr. Gerdes,
Amec Foster Wheeler is pleased to submit this proposal to provide Design Support during
Construction on the Burns. Bridge Replacement project along CR 301 over the Colorado River in
Eagle County.
Project Management and Coordination
Amec Foster Wheeler will perform project management activities and coordination during
execution of this contract, and will include the following tasks:
Project coordination with Eagle County.
Prepare monthly billing and progress reports in formats suitable to the County for all
activities performed by the consultant team members authorized to perform work on this
project.
Construction Design Support
During the construction effort work will be required by the project design team, and includes
planned activities and the response to situations that occur during construction. Both of these
types of efforts require quick responses to lessen any impacts to the contractor's construction
schedule. The activities assumed in this scope of work are as follows:
• Review of submittals and shop drawings. These include the following per the project
specifications:
• New Bridge Construction and Existing Bridge Removal Plan
• Bridge Girder Shop Drawings and Erection Plan
• Reinforcing Steel Shop Drawings for the abutments, piers, deck and bridge rail shop
drawings
• Precast deck panels or metal form deck shop drawings
Attendance of construction meetings and site visits as requested (4 total).
Assist answering RFI's, and address potential contractor questions and design change
requests.
1IPage
If you have any questions or if we can be of further assistance please do not hesitate to contact
me at (303) 630 -0793 or kristina.babonas(a-amecfw.com.
Best Regards,
N
Y
Kristina Babonas
Project Manager
Amec Foster Wheeler
21 Page
Exhibit A -4
Burns Bridge Design Support During Const.
Fee Summary
3/24/2015
Tasks
Fee
Comments
Task 1 Project Management
$ 3,261
Task 2 Post Design Engineering
$ 15,029
Rebar Bridge
$ -
Task 4
$
Task 5
$ -
Task 6
$ -
Task 7
$ -
Task 8
$
Task 9
$ -
Total Amec Labor
$ 18,290
Fixed Fee (9.75 %)
$ 1,783
Direct Expenses
$ 740
Subconsultants
n/a
$ -
n/a
$ -
Total Subconsultants
$ -
Total Estimate Fee
$ 20,813
Burns Bridge Design Support During Const.
Direct Expenses
D.E. Items
D.E.Cost
D.E. Mark -Up
Marked -Up
D.E.Cost
Mileage at current federal rate to Eagle (4 trips x 260 miles x $0.50 /mile)
$ 520.00
1.00
$ 520.00
Per Diem Meals (4 x $55 /day)
$ 220.00
1.00
$ 220.00
$
$
Total Direct Expenses
$ 740.00
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