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HomeMy WebLinkAboutC16-385 Ira Weiss dba Mountain Maintenance and Asphalt FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND IRA WEISS DBA MOUNTAIN MAINTENANCE AND ASPHALT THIS FIRST AMENDMENT (“First Amendment”) is effective as of the ______ day of __________________, 2016 by and between Ira Weiss d/b/a/ Mountain Maintenance and Asphalt (hereinafter “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 14th day of September, 2016, 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 $5,940.00; and WHEREAS, County and Consultant desire by this First Amendment to expand the scope of Services and compensation as set forth in the Original Agreement. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $3,740.00 or a total maximum compensation under the Original Agreement and this First Amendment of $9,680.00. 3. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 4. 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, and are hereby ratified and confirmed in all respects as of the date hereof. 5. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: 99F386F6-CEF2-4A4E-BDCF-2BEE1560A292     C16-385 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Brent McFall, County Manager IRA WEISS DBA MOUNTAIN MAINTENANCE AND ASPHALT By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 99F386F6-CEF2-4A4E-BDCF-2BEE1560A292     3 Exhibit 1 SCOPE OF WORK AND SCHEDULE OF FEES Scope of Work: General Information: 1. Work zone shall be limited to the trail corridor to the extent possible. If Contractor proposes to work from or stage on a Town, County, or CDOT right of way, prior to commencing Work, contractor shall identify all areas where Work and staging will be located outside of the trail corridor and on a Town, County, or CDOT road right-of-way. Contractor to obtain necessary approvals to operate on Town, County, or CDOT right-of-way. Contractor shall be responsible for producing Traffic Control Plans acceptable to Town, County or CDOT for work or staging in road right of way. A copy of any required permits will be provided to ECO Trails prior to commencing work. Contractor to consider that CDOT permit may take up 3 to 6 weeks to procure. 2. Prior to commencing any excavation Work, if called for in the scope of work, Contractor shall identify all utilities and get locates for all areas of Work. Contractor is responsible for any and all necessary coordination with any utilities and utility companies impacted by the Work. Contractor hereby assumes all responsibility for any damage to utilities and shall promptly repair and restore any damaged utilities at its sole cost and expense. 3. Hours of construction shall be limited to Monday through Friday, 8:00 am to 5:30 pm. Weekend work may be allowed, subject to ECO Trails’ review of the request. 4. Contractor shall provide County with its anticipated Work Plan including duration of Work, access to Work and staging locations. 5. The Work, staging and access areas shall be immediately restored to same or better condition following completion of the Work to the satisfaction of County. 6. Contractor will notify County a minimum of 72 hours prior to performing the Work. Construction safety is the sole responsibility of Contractor which shall include, but not be limited to, compliance with safety laws, regulations and standard practices. 7. Contractor will notify County 24 hours prior to asphalt placement for inspection of road base compaction. The same shall be performed to the satisfaction of County and in a good workmanlike manner. If any Work is found to be defective Contractor shall correct such Work at its sole cost and expense. 8. Contractor shall provide traffic control for areas of Work using, at a minimum, on each end of the work zone one (1) sign, two-hundred (200) feet prior to construction stating “construction ahead” and/or “trail closed”, and cones, barrels or other barriers to close and block the trail per the Scope of Work below. Contractor shall provide a safe detour around the construction zone and inform trail users of the detour. Contractor shall be solely responsible for ensuring adequate signage is in place to assure safety of the public both during and after hours of construction. 9. County is not responsible for monitoring or assuring Contractor’s compliance with safety laws, regulations and standard practices. Description of Work: 1. Lake Creek Road East (10’ wide x 18’ long) 1. The Work will include: i. Cut, remove and dispose of all asphalt; ii. Ensure all seams are cut at a 45 degree angle for patching; iii. Remove road base in depressed area approximately 5’ wide x 13’ long area; iv. Install Flow-fill in areas where road base was removed pursuant to CDOT specifications including, but not limited to: Section 206 – Structure Backfill (Flow-Fill); v. Remove all vegetation growth from road base; vi. Sterilize road base in disturbed area for vegetation growth prior to paving; vii. Re-grade trail road base in disturbed area and add class 6 road base as needed to ensure positive slope and drainage; viii. Compact road base to 95% using water and pressure; DocuSign Envelope ID: 99F386F6-CEF2-4A4E-BDCF-2BEE1560A292 4 ix. Heat all seams prior to laying asphalt; x. Pave 3 inch compacted mat for positive slope and drainage using SX grade commercial hot mix; xi. Compact asphalt with roller for high density (Standard Proctor); and, xii. Heat all seams between existing asphalt and new asphalt. 2. Lake Creek Road West (10’ wide x 26’ long) 1. The Work will include: i. Cut, remove and dispose of all asphalt; ii. Ensure all seams are cut at a 45 degree angle for patching; iii. Remove road base in depressed area approximately 5’ wide x 7’ long area; iv. Install Flow-fill in areas where road base was removed pursuant to CDOT specifications including, but not limited to: Section 206 – Structure Backfill (Flow-Fill); v. Remove all vegetation growth from road base; vi. Sterilize road base in disturbed area for vegetation growth prior to paving; vii. Re-grade trail road base in disturbed area and add class 6 road base as needed to ensure positive slope and drainage; viii. Compact road base to 95% using water and pressure; ix. Heat all seams prior to laying asphalt; x. Pave 3 inch compacted mat for positive slope and drainage using SX grade commercial hot mix; xi. Compact asphalt with roller for high density (Standard Proctor); and, xii. Heat all seams between existing asphalt and new asphalt. Cost of Work: Item Number Description Size Total Cost 1 Lake Creek Road East 10’ wide x 18’ long $1,530 2 Lake Creek Road West 10’ wide x 26’ long $2,210 DocuSign Envelope ID: 99F386F6-CEF2-4A4E-BDCF-2BEE1560A292