Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutC19-293 Miller Engineers dba Souder Miller & AssociatesSIXTH AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
MILLER ENGINEERS, INC.
DBA SOUDER, MILLER & ASSOCIATES
THIS SIXTH AMENDMENT (“Sixth Amendment”) is effective as of ______________ by and
between Miller Engineers, Inc. a New Mexico corporation dba Souder, Miller & Associates
(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 6th day of December,
2016, for certain Services (the “Original Agreement”); and
WHEREAS, by a First Amendment dated the 14th day of March, 2017, the parties modified the
scope of services and compensation as set forth in the Original Agreement; and
WHEREAS, by a Second Amendment dated the 25th day of April, 2017, the parties modified the
scope of Services and compensation as set forth in the Original Agreement; and
WHERAS, by a Third Amendment dated the 1st day of November, 2017, the parties extended the
term of the Original Agreement to December 31, 2018; and
WHEREAS, by a Fourth Amendment dated the 12th day of June, 2018, the parties modified the
scope of services and compensation as set forth in the Original Agreement; and
WHEREAS, by a Fifth Amendment dated the 23rd day of October, 2018 the parties modified the
scope of services and compensation as set forth in the Original Agreement; and
WHEREAS, the Original Agreement, First Amendment, Second Amendment, Third
Amendment, Fourth Amendment, and Fifth Amendment contemplated that the Consultant would
perform certain duties with compensation in an amount not to exceed $281,884.20; and
WHEREAS, County and Consultant desire by this Sixth Amendment to expand the scope of
Services and compensation as set forth in the Original Agreement.
SIXTH 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 5, which is attached hereto and incorporated herein by reference.
DocuSign Envelope ID: 4EA0F10A-3EF5-41C5-8603-8E09C3EAA13B
9/4/2019
2
Eagle County Am Scope and Comp Final 5/14
2. The compensation for the additional Services set forth in Exhibit 5 shall not exceed
$66,594.43 or a total maximum compensation under the Original Agreement and this
Sixth Amendment of $348,478.63.
3. Capitalized terms in this Sixth Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the Sixth
Amendment conflict with, modify or supplement portions of the Original Agreement,
the terms and provisions contained in this Sixth Amendment shall govern and control
the rights and obligations of the parties.
4. Except as expressly altered, modified and changed in this Sixth 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 Sixth Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Sixth 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: ______________________________
Jeanne McQueeney, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
CONSULTANT
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: 4EA0F10A-3EF5-41C5-8603-8E09C3EAA13B
Reid Allan
Senior Vice President
July 1, 2019
Jesse Masten
Eagle County Solid Waste & Recycling
815 Ute Creek Road
Edwards, CO 81632
jesse.masten@eaglecounty.us
970‐328‐3472
RE: Scope of Work and Cost Estimate for Special Projects at Eagle County Solid Waste & Recycling
Mr. Masten:
Souder, Miller & Associates (SMA) is pleased to present the following scope of work and cost estimate to
Eagle County Solid Waste & Recycling for the additional engineering services discussed at the April 10,
2019 on‐site meeting. The projects addressed in this letter include the following:
1.0 Design Review
2.0 Leachate Holding Pond Design and Bid Document Preparation
3.0 Module 9 Engineering Cost Estimate
4.0 Summary
Each project is discussed in detail in the following sections. The attached spreadsheet details SMA’s cost
estimates for engineering services as required.
1.0 DESIGN REVIEW
In 2017, SMA survey staff were present at to Eagle County Solid Waste & Recycling to place stakes at the
design toe of waste along the northeast side of the landfill. Through this survey, it was discovered that
the existing toe of waste was not at the designed location, and the existing access road is within the landfill
footprint and at a lower elevation than the design toe of slope. SMA will prepare an exhibit with various
options regarding this discrepancy, including:
Construct waste slopes at approximately 3.5:1 from the edge of the existing ditch which runs
alongside the access road and leave the access road as it is.
Construct waste slopes at approximately 3.0:1 from the edge of the existing ditch to elevation
7430, then slope the waste at approximately 4:1 to the top of waste.
Extend the design toe of waste until it reaches existing ground and move the access road and
ditches farther northeast. Please note that this option would require a slight expansion of the
landfill footprint.
Elevate and move the existing ditches and access road so that they properly align with the current
design toe of slope. With this option, a complete redesign of the access road and ditches will be
provided by SMA so that the amount of cut and fill required to relocate the road can be
determined.
DocuSign Envelope ID: 4EA0F10A-3EF5-41C5-8603-8E09C3EAA13B
Mr. Jesse Masten
Scope of Work and Cost Estimate for Special Projects
Page 2
2.0 LEACHATE HOLDING POND DESIGN AND BID DOCUMENT PREPARATION
2.1 REDESIGN
Eagle County intends to construct a portion of Module 9 in 2021. For the new cell (Module 9A) to function
properly, the existing leachate holding pond must be modified to accept more leachate. SMA will redesign
the leachate holding pond so that it can manage leachate generated from November through April and a
design storm over Module 9A when devoid of waste.
In addition, the redesign of the leachate holding pond will include converting it to a Type B waste
impoundment. The pond will be dual‐lined and contain a leak detection system.
Time is also allotted in this section for communication with the Colorado Department of Public Health and
Environment (CDPHE) regarding the redesign.
Also included is the time required to provide multiple design iterations for review by Eagle County. It is
assumed that several adjustments will be made to the design and time will be required to discuss the
adjustments with Eagle County. Three site visits were included. It was assumed that the meetings will
occur during regularly scheduled monthly compliance meetings, so the project manager’s time is not
included.
2.2 BID DOCUMENTS
In order to construct the leachate holding pond in 2020, SMA will prepare the necessary bid documents
for the construction project by the end of 2019 so that the bidding process may begin at the start of 2020.
The following items will be included in the bid package:
Engineering Cost Estimate
Construction Bill of Quantities (derived from the engineering cost estimate)
Project Specifications
Construction Quality Assurance/Quality Control (CQAQC) Plan
Scope of Work
Construction Drawings
In addition, time was allotted in this section for adjustments to bid documents and discussion with Eagle
County.
3.0 MODULE 9A COST ESTIMATE
As requested by Eagle County, a cost estimate will be prepared for the construction of Module 9A,
including costs for the new access road and stormwater management. This cost estimate will include
estimated costs from a third‐party contractor for the construction of the entire module. In addition, SMA
will prepare costs related to developing the bid documents and CQAQC services.
It is anticipated that communication with CDPHE will be required prior to construction of Module 9A. As
was discussed during the April 10, 2019 meeting, there is a possibility that CDPHE will require a revised
DocuSign Envelope ID: 4EA0F10A-3EF5-41C5-8603-8E09C3EAA13B
Mr. Jesse Masten
Scope of Work and Cost Estimate for Special Projects
Page 3
liner system for Module 9A. Therefore, time was allotted for communicating with CDPHE and revising the
liner system.
4.0 SUMMARY
The estimated costs for the various items described in sections 1.0 through 3.0 are presented in the
attached spreadsheets. The current SMA fee schedule was utilized for the preparation of this budget.
While we believe that these fees are realistic, unforeseen obstacles and changes to the task list may result
in costs higher or lower than those estimated.
If you have any questions or comments, please do not hesitate to contact us. Thank you for this
opportunity to serve Eagle County Solid Waste & Recycling.
Sincerely,
SOUDER, MILLER & ASSOCIATES
Sarah Foreman, E.I.
Staff Civil Designer
Winn Cowman
Senior Scientist
Enc: 2019 Special Projects Cost Estimate
Schedule for Development of Leachate Holding Pond Design and Bid Documents
XC: Mandi Nolan, Eagle County
DocuSign Envelope ID: 4EA0F10A-3EF5-41C5-8603-8E09C3EAA13B
Eagle County Solid Waste Recycling2019 Special Projects Cost EstimateSr Eng II Sr Sci I EIT I CAD V Sr Eng II Sr Sci I EIT I CAD V Expenses Total180.00$ 160.00$ 90.00$ 140.00$ 180.00$ 160.00$ 90.00$ 140.00$ ‐$ ‐$ 1.0 DESIGN REVIEW1.1 Development of Drawing Exhibit 4 10 20 0 720.00$ 1,600.00$ 1,800.00$ ‐$ ‐$ 4,154.00$ 1.2 Road Re‐Design 1 1 2 24 180.00$ 160.00$ 180.00$ 3,360.00$ ‐$ 3,908.00$ Design Review Subtotal8,062.00$ 2.0 LEACHATE HOLDING POND DESIGN AND BID DOCUMENTS2.1 Redesign2.2Expand Pond610100 0 1,080.00$ 1,600.00$ 9,000.00$ ‐$ ‐$ 11,796.00$ 2.3Convert to Type B Impoundment61040 0 1,080.00$ 1,600.00$ 3,600.00$ ‐$ ‐$ 6,336.00$ 2.4Communication with CDPHE1810 0 180.00$ 1,280.00$ 900.00$ ‐$ ‐$ 2,379.00$ 2.5Adjustments to Design & Discussions with Eagle County (3)36 6 60 0 6,480.00$ 960.00$ 5,400.00$ ‐$ 400.20$ 13,342.20$ 2.5 Bid Documents2.6Engineering Cost Estimate2 1 20 0 360.00$ 160.00$ 90.00$ ‐$ ‐$ 633.00$ 2.7Construction Bill of Quantities1150180.00$ 160.00$ 90.00$ ‐$ ‐$ 437.00$ 2.8Project Specifications2 1 30 0 360.00$ 160.00$ 90.00$ ‐$ ‐$ 643.00$ 2.9CQAQC Plan2 1 30 0 360.00$ 160.00$ 90.00$ ‐$ ‐$ 643.00$ 2.10Scope of Work1 1 20 0 180.00$ 160.00$ 90.00$ ‐$ ‐$ 452.00$ 2.11Construction Drawings4 1 80 0 720.00$ 160.00$ 90.00$ ‐$ ‐$ 1,055.00$ 2.11Adjustments to Bid Documents & Discussions with Eagle County6 6 30 0 1,080.00$ 960.00$ 540.00$ ‐$ ‐$ 2,622.00$ Leachate Holding Pond Design and Bid Documents Subtotal40,338.20$ 3.0 MODULE 9A COST ESTIMATE3.1 Cost Estimate for Construction & Engineering Services 2 1 40 0 360.00$ 160.00$ 3,600.00$ ‐$ ‐$ 4,163.00$ 3.2 Communication with CDPHE 10 5 30 0 1,800.00$ 800.00$ 2,700.00$ ‐$ ‐$ 5,345.00$ Module 9A Engineering Cost Estimate Subtotal9,508.00$ 4.0 TOTAL4.157,908.20$ 4.28,686.23$ 66,594.43$ HOURSTaskItemCOSTSpecial Projects Subtotal15% ContingencySPECIAL PROJECTS TOTAL COSTDocuSign Envelope ID: 4EA0F10A-3EF5-41C5-8603-8E09C3EAA13B
Schedule For Development of Leachate Holding Pond Design and Bid DocumentsPeriod Highlight: 1 Plan Duration Actual Duration Actual (Beyond Plan)1234567891011121314RedesignExpand PondConvert to Type B ImpoundmentCommunication with CDPHEAdjustments to Design & Discussions with Eagle CountyBid DocumentsEngineering Cost EstimateConstruction Bill of QuantitiesProject SpecificationsCQAQC PlanScope of WorkConstruction DrawingsAdjustments to Bid Documents & Discussions with Eagle CountyPercent CompletePeriods (weeks)Task Plan StartPlan DurationActual StartActual DurationDocuSign Envelope ID: 4EA0F10A-3EF5-41C5-8603-8E09C3EAA13B