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 C C O U O7 C 7 ❑ a a y c rn .y d d O) 9 m N C 7 m O M N (•) N N l0 f0 V J O O (p N O 7 N f9 vi tN fA H) fA fA t9 fA Ki fA E9 tH fA fA fA fA fA fA t9 b9 b9 Ki fA Ni E9 (!! fA fA fA to b9 E9 fA t9 to M 00 C 0 m � n Q » » o r H O Q U » 69 O C C m a C C w 69 F o � w u� T co c0 3 O) 0 0 �69 O n c6 N CD 3 C .O 00 N m m O C X W 60 M O F' n w ,a d n m a m` EA yi 0) N N N O 00 n C m C W tf9 fp � O O C6 cc� � N e- a u9 rn o w od @ O_ O N U C Vl N L Y @ C O � O N f0 w (D U) m C o O U m m a y O O > J O � Y C @ 0 o N J J H F N c O U c IM C a 3 a p C t+ C O C CL LL 3 c N 'u c a c c (a `u p C a a7 1 V y U m H m c 00 U) M CD N (O 0 (O O Cl) d n N _ M aO N n M ( f) N O � O 6 7 CO fA 6% fR fA fA fA fA fA fA fA fA fA fA fA fA ffl to wf, fA b9 fA fA fA 69 6 fA 6 6 fA fA 6 f9 6 o fA fA fA O M i C G E n a Q f» 6% O L N H p Q U f» fp C) C C m a c w � f» F o w o T (p m ' 3 v o 0 Q fH 6% O O T cq ac0 i 3 C N � N o c O C Q' W fA fp F O M V n n W n w c r- ri a 00 O N IT N r N M a0 O N O n ro c O c m` c w 61 ro � ro M 0 N r a » f» m o w ' ca ao o O. 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