No preview available
HomeMy WebLinkAboutC15-444 AMEC Foster Wheeler Environmental & Infrastructure, Inc.FOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COI-INTY. COLORADO ANri AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE. INC. FOR PROFESSIONAL DESIGN SERVICES FOR EAGLE COTINTY BRIDGE EAG-3OI-23.5 fi THIS FOURTH AMENDMENT ("Fourth Amendment") is effective as of the lq day of A/-Al--,2015 by and between AMEC Foster Wheeler Environment & InfrastructureJnc., formerly AMEC Earth & Environmental, Inc., a Colorado corporation (hereinafter "AMEC" or "Consultant") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County and Consultant entered into an agreement dated the l3th day of September, 2011, for certain Services (the "Original Agreement"); and WHEREAS, County and Consultant entered into a First Amendment to the Original Agreement dated October 30,2012 ("First Amendment"), a Second Amendment dated February 4,2013 ("Second Amendment") and a Third Amendment dated July 14,2015 ("Third Amendment"); and WHEREAS, Consultant has a retained Alfred Benesch & Company, an Illinois corporation authorized to do business in Colorado ("Benesch") as a sub-consultant on the Project; and WHEREAS, Benesch has been and continues to be a sub-consultant to AMEC in accordance with the terms of the Original Agreement and amendments thereto; and WHEREAS, American Civil Constructors, Inc. a Colorado corporation ("ACC") is the contractor for the Project. ACC installed a caisson at the Project that does not comply with the contract documents; and WHEREAS, County and Consultant desire by this Fourth Amendment to further expand the scope of Services and compensation as set forth in the Original Agreement to allow Consultant and its sub-consultants to perform an evaluation of the acceptability of the as-built caisson as installed by ACC. FOURTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: l. County has requested that Consultant modify the scope of Services and perform certain Additional Services. The Original Agreement shall be amended to include the Additional Services as described in Exhibit A-4, which is attached hereto and incorporated herein by reference. Consultant agrees to furnish all services, labor, personnel and materials necessary to perform and complete these Additional Eagle County Ccmmlssloners' OfficeC15-444 Services in accordance with the terms of the Original Agreement. County consents to Benesch performirrg portions of the Services or Additional Services as a sub-consultant to Consultant. Consultant shall be responsible for the performance of Services and Additiorral Services performed by Benesch under the Original Agreement or any prior or future amendment thereto including this Fourth Amendment. The compensation for the Additional Services set forth in Exhibit A-4 shall not exceed $2,750.00. Benesch shall bill for its time on an hourly basis at the rates set forth in Exhibit A-4 subject to the not to exceed amount set forth herein. Capitalized temrs in this Fourth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fourth Amendment conflict with. modify or supplement portions of the Original Agreement. First Amendment. Second Amendment or Third Amendment, the terms and provisions contained in this Fourth Amendment shall govem and control the rights and obligations of the parties. Except as expressly altered. modified and changed in this Fourth Amendment. all terms and provisions of the Original Agreement. First Amendment. Second Amendment and Third Amendment shall remain in full force and effect. and are hereby ratified and confinned in all respects as ofthe date hereof. 5. This Fourth Amendment shall be binding on the parties hereto. their heirs. executors. successors. and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to rhe Original Agreement the day and year first above viritten. COUNTY OF EAGLE. STATE OF COLORADO, By and Through lts County Manager AMEC Foster Wheeler Environment & Print Nanie: 2. tt 4. Bv: mt..' Of€tca /,LaA 2 Ea_ele Countl Anr Scope and Cornp Final 5,'lJ Brent Mc ghsn,"-p-sh EXHIBIT A.4 Alfred Benesch & Company 7979 E. Tufts Ave., Suite 800 Denver, CO 80237 www.benesch.com P 303-771-6868 F 303-74r-6745 November 12,2015 Kristina Babonas Roadway Engineer Amec Foster Wheeler Colorado Center Tower Two, 2000 S. Colorado Blvd., Suite 2-1000 Denver. CO 80222 Subject: Caisson Construction Defects Review - Burns Bridge (EAG-301-23.5) Dear Kristina, We have received from you a number of documents, pictures and video showing the difficulties the contractor experienced with one of the caissons for the Burns Bridge. Our understanding is that there are two main areas of concem. The first area of concern is the dowel bar cage that connects the caisson with the pier column. We understand that the contractor attempted to stab the dowel bar cage into the wet concrete after the concrete had been placed to the top of the caisson. Our understanding is that a number of hours had passed between placing the concrete and the attempt to install the dowel bar cage. The video shows the bucket of an excavator being used in an attempt to drive the dowel bar cage into the caisson which was clearly meeting with considerable resistance. The second concern is related to the reinforcing in the caisson. Our understanding is that the ties intended for the column cage were used to tie the caisson cage, which results in a caisson cage with a diameter on the order of 5 inches too small. Scope of Work: We will evaluate the strength of the caisson with the deficient reinforcing cage to determine if the as-constructed caisson has sufficient capacity for our design. There is considerable likelihood that the caisson will not have sufficient capacity.If we find that the capacity of the caisson cannot meet the demand, we will stop work and issue a memorandum to that effect. No additional analysis is included in this scope of work in the event that the caisson does not meet capacity. Proposed Fee: We propose the following fee for review of the caisson deficiency. Proposed hourly fee top set:$2,750 Proposed Schedule: We will require approximately three working days to complete our review after we receive notice that our proposal has been accepted and notice to proceed. Please contact me or Steve Banks with questions concerning this proposal. Bums Bridge Caisson Defects Review Pagel2 Regards, Ohs.n.e'.psh 7r,*X 3a,\tr*t/ Daniel Bechtold, PE, SE cc: Steve Banks, PE j:\denver projects\bums_bridge\burnsbrridge_caisson_defect_1027 I 5.docx 9^hsnspsh 2015 EMPLOYMENT CTASSIFICATION AND RATE SCHEDUTE CLASSIFICATION Project Manager I Project Manager ll Senior Project Manager Project Principal Project Engineer I Project Engineer ll Senior Project Engineer Designer I Designer ll Technologist I Technologist ll Senior Technologist Technical Specialist I Senior Technical Specialist (per quote) lntern Field/Lab Technician I Field/Lab Technician ll Field/Lab Technician ll I Senior Field/Lab Technician Construction Representative I Construction Representative ll Construction Representative lll Senior Construction Representative lnstrument Operator Party Chief Surveyor (RLS) Senior Surveyor (RLS) Project Scientist | (Environmental) Project Scientist ll (Environmental) Project Scientist lll (Environmental) Senior Project Scientist Business Development Assistant Business Development Coordinator Business Development Manager BILTABTE RATE S14s.oo s160.oo s191.00 s191.00 s104.00 s113.00 s15o.oo s78.00 s83.00 sss.00 57s.00 s123.00 s73.00 S47.oo ss8.oo s64.00 s68.oo se0.00 s76.00 s8s.oo ss7.00 Sss.oo Ss1.oo s71.00 s80.00 s107.00 S7s.oo s84.oo 5118.00 s14s.00 549.00 56s.oo sss.oo Schedule 2 Colorado €^h"ens.psh Office Assistant Project Assistant I Project Assistant ll Division Administrative Assistant I Division Administrative Assistant ll Rates are good until December 31, 2015 s42.00 ss0.00 s56.oo sso.0o s55.00 Schedule 2 Colorado