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HomeMy WebLinkAboutC15-217 Schmueser Gordon Meyer, Inc. First AmendmentFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SCHMUESER GORDON MEYER, INC. FOR PROFESSIONAL DESIGN SERVICES FOR CEDAR DRIVE ROAD IMPROVEMENT T S FIRST AMENDMENT ("First Amendment") is effective as of the �� day of 2015 by and between Schmueser Gordon Meyer, Inc. a Colorado corporation (herei fter "SGM", "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 30th day of April, 2013, 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 $124,705; 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 $105,582 or a total maximum compensation under the Original Agreement and this First Amendment of $230,287. Consultant shall bill for its time on an hourly basis as set forth in Exhibit 2 subject to the not to exceed amount set forth herein. 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. 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 BOARD OF COUNTY.COMMISSIONERS r ,fi l B * Kathy andler-Henry, Chair Attest: By: Teak J. Simonton, Clerk to the Board SCHMUESER GORDON MEYER, INC. By: 1 Print Name: Title: State of ) County o ) The forego' instru ent was acknowledged before me this da of Z , 20 b g g g Y L y its `'V J of Schmueser Gordo6 Meyer, Inc. a My commission expires: - 2C r IM Ao r T Notary Public STATE OF COUWAM N C?T 2 Eagle County Am Scope and Comp Final 5/14 EXHIBIT I Cedar Drive (CDOT 18265) Construction Management Services Scope of Work- Additional Services The scope of work for this proposal is to provide technical and engineering support, construction management, and QA/QC testing, in support the Eagle County staff for the Cedar Drive construction project (hereinafter the "Work", "Additional Services" or "Services"). A Man-hour estimate has been compiled for budgetary purposes, but work shall not exceed this budget without prior written approval of Eagle County. Work could consist of any of the following activities for the project: construction management and inspection, QA/QC, construction staking, public involvement, structural analysis, coordination of utility relocations, geotechnical engineering, environmental studies and assessments, construction phasing plans as well as any coordination with Eagle County, CDOT and affected communities. SGM is providing the Monumentation of the Right -of -Way through the current Design Contract with Eagle County. The work products may consist of daily diaries and documentation that meet the CDOT standard for Local Agency projects. Task 1.0 Project Management and Coordination 1.1 Construction Meetings. SGM, Eagle County and the Contractor will meet at least once per week to coordinate the work effort, resolve problems, update the schedule, and determine information or items required from other agencies. 1.3 Progress Reports and Billings. Progress reports and billings will be submitted on a monthly basis to the County Project Manager and will include a billing summary with total percent billed for each task. Task 2.0 Construction Management Support Provide the County with the following support. 2.1 - Construction Coordination: Regularly scheduled weekly or as -needed meetings will be conducted with the Contractor and other involved parties to review, update, and coordinate construction activities. Weekly meetings will include a review of issues which are impacting progress, the cost to complete the work, and significant situations encountered related to the construction of the Project. Communicate with project partners; Eagle County and CDOT. 2.2 Review of Contractor's Traffic Control Plan: During construction, monitor the Contractor's approved traffic control plan for implementation of traffic signing, barriers, and other traffic control measures. Relocations and adjustments to detours will be coordinated with the Contractor, County, and other impacted agencies. 2.3 Review of Construction for Conformance with Plans and Specifications: Monitor the Contractor's construction activities with respect to the contract documents and relevant schedule submittals governing the performance of the work. Resolve construction problems and/or recommend action for their resolution, as they relate to changed field conditions or conflicts in the contract documents. Coordinate with the County Engineer and designer during construction for implementation of revisions to the plans as may be required. 2.4 Processingof f Shop/Working Drawings Submitted by the Contractor: Submittals, design drawings, shop drawings, materials, and test procedures received from the Contractor will be forwarded to appropriate design personnel and/or the Consultant designer of record for review and approval. Approved drawings will be returned to the Contractor, as well as a copy retained for use during the remainder of the project. 2.5 Periodic Quality Control Inspection: Perform periodic quality control observations of construction activities to document construction activities performed and assessment of conformance with the contract documents. Inspection items will include excavation, backfill, and compaction operations; concrete placement; micropiles; paving; drainage; utilities; guardrail replacement; structures; signing and striping; landscaping; and traffic control installations. 2.6 Quantity Control: Provide the Contractor and the County monthly quantities prior to the preparation of the pay estimate. 2.7 Pay Request Documentation: Track billings in accordance with the requirements from project funding sources. Provide report on D -B Act wage compliance, work force, materials and equipment on-site and any other workplace or billing compliance issues in a accurate and timely manner. 2.8 Project Documentation: Maintain daily diaries, prepare inspectors progress reports, and complete appropriate paperwork and forms with inspection and testing. 2.9 Change Orders: Prepare project change orders and minor contract revisions at the direction of the County Engineer. In no event will Consultant modify the Construction Contract Time or Price without advance written approval of County and CDOT, if required. 2.10 Materials Testing: Materials testing will be directed and scheduled to assess the contractor's compliance with the requirements of the contract documents. Testing reports will be submitted to CDOT as part of a Form 250 at the conclusion of the project. The Consultant Tester shall follow the guidelines stated on the current CDOT Field Materials Manual. The Consultant Tester shall be permanently assigned to the project and have obtained the requirements set forth in the current CDOT Field Materials Manual CP -10. All certifications will be made available to the County Engineer. The Consultant Tester shall provide and have available the following equipment in sufficient quantity and in good working order to ensure accurate performance of all work required in a timely manner: 1. Nuclear Asphalt Content Gauge and/or extraction equipment and solvents 2. Nuclear Moisture -Density Gauge 3. Concrete air meter, slump cone, and other concrete testing equipment 4. 12 inch sieves for aggregate and soil gradations 5. Electronic scales 6. Sample containers and small tools 7. Proctor equipment for soil curves and one point tests 8. Atterberg, Rice value, and Sand Equivalent equipment 9. Concrete cylinder molds meeting AASHTO requirements, except that paper molds shall not be used and plastic molds shall not be reused. 10. All equipment necessary for properly performing the required soils, asphalt and concrete tests 2.11 Construction Survey: Provide construction staking as per the Survey Tabulation Sheet and as directed by the County. 3.0 Post Construction Support 3.1 Completion Inspection and Punch List: Conduct a final inspection with the Contractor upon substantial completion. The result of this inspection is the development of a punch list of remaining and/or outstanding work to be performed by the Contractor prior to final project acceptance. Completion Inspection and Punch -List shall be performed in accordance with the requiremetns of the Contract Documents between County and its contractor. 3.2 As -Construction Drawings: Review for completeness full sized as -constructed drawings submitted by Contractor. 3.3 Completion Inspection and Close -Out: Following the completion of all punch list items by the Contractor, conduct a final inspection with representatives from the Contractor, to confirm the completion of all work. The result of this inspection will constitute final project acceptance and initiation of the Contractor's warranty period for the work, if any. Completion Inspection and Close -Out shall be performed in accordance with the requirements of the Contract Documents between County and its contractor. Deliverables generated during the project will include the following and will be submitted throughout the duration of the project, or at specific dates commensurate with the deliverable: • Project correspondence generated and received during the project. • Test reports and certifications. • Monthly consultant progress pay estimates. • Check survey results. • Construction management records placed in three ring binder (plus electronic copies) including minutes of meetings, project diary, inspection reports, contract modification orders, and other compliance documentation as prepared during the course of construction in accordance with CDOT form 1243 requirements for the project partners. • Review comments on "as -constructed" plans. In no event will Consultant modify the Construction Contract Time or Price without advance written approval of County and CDOT, if required. 2013 Task Order 01 Page 4 of 4 5/5/2015^^ 21QO15 Exhibit 2 SGM ESTIMATED BY: Dan Cokley PROJECT: Cedar Drive - 18265 DATE: 5/6/2015 CLIENT: Eagle County REVISION: 0 TOTAL COST $105 582.00 t Date: 5/6/2015 Page 1 of 3 SGM Confidential 1 PM *Project Manager Dan Cokle $145.00 112 $16,240.00 2 CT **Construction Technician Blaine Wright $105.00 720 $75,600.00 *Assumes 16 week construction time period **Assumes 45 hr work weeks Subtotal 832 $91,840.00 «_ mg�.®- 1 GRD QC - Material Testin Ground En ineerin M$3242.00 SubtotalCM as a percent of construction cost estimate 10.2% Other Direct Costs TOTAL COST $105 582.00 t Date: 5/6/2015 Page 1 of 3 SGM Confidential