HomeMy WebLinkAboutC21-119 OTAKSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND OTAK INC. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _______________, by and between Otak, Incorporated, a Corporation (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 7th day of July, 2020, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $55,458; and WHEREAS, the First Amendment contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $18,449 or a total maximum compensation under the Original Agreement and the First Amendment of $73,907; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expired on the 31st day of October, 2020, and the term of the First Amendment expires on the 31st day of October, 2021, and the parties desire to extend the term for an additional 6 months. SECOND 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 C, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit C shall not exceed $24,195 or a total maximum compensation under the Original Agreement, First Amendment and this Second Amendment of $98,102. 3.The term of the Original Agreement is hereby extended to the 30th day of April, 2022. 4.Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, DocuSign Envelope ID: 325975CE-0D42-4DF5-8C83-18AF653DF092 4/11/2021 C21-119 2 Eagle County Amend Term Scope Comp Final 5/14 the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Second 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. 6. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. EAGLE COUNTY, COLORADO By and through its COUNTY MANAGER By: _______________________________________ Jeff Shroll, County Manager CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 325975CE-0D42-4DF5-8C83-18AF653DF092 SCOTT BELONGER Senior Project Manager Engineering Design Services for the Eagle-Vail Phase 2 Segment of the Eagle Valley Trail 30% Design Fee Worksheet Task #Task Name TASK DETAIL Senior Project Manager and Trail DesignSenior Structural EngineerCivil Eng IXCivil Eng VIIProject Engineer- StructuralEngineering Designer - CivilProject AssistantOtak Subtotal Otak Expense Otak Total Survey TEAM TOTAL Belonger Beltzer Dooley Dumin Condiotti Gerster Woods Rates $ 201 $ 201 $ 184 $ 151 $ 139 $ 94 $ 114 1 23 6 6 36 16 40 1 $18,467 $0 $18,467 $5,728 $24,195 1.01 Project Management Scoping, client coordination, team coordination, invoices, tracking.4 1 918$ 918$ 918$ 1.02 Striping Plans Provide full striping plan for Narrows Segment (Segment 1) for proposed lane and shoulder narrowing to accommodate future trail for CDOT review and approval. Striping plan to be compatible with CDOT 2021 resurfacing project and future modifications at Kayak Court intersection and transit stop. Alternatives at Kayak Ct. Prepare CDOT memo. Coordinate with CDOT for CMO to implement striping changes with 2021 resurfacing project. 6 6 28 6,538$ 6,538$ 6,538$ 1.03 Structural Analysis Review and analysis of existing retaining wall at Narrows to attain CDOT approval to modify the wall to accommodate the trail. Includes, records search for as-built info, structural analysis, independent design check, summary memo, and follow-up. 4 4 16 40 7,592$ 7,592$ 7,592$ 1.04 Dowd Junction Coordination Additional coordination with ERW&SD and analysis at Dowd Junction Segment (Segment 2) and considerations at santiary aerial crossing and I70 bridge. 8 2 6 2,916$ 2,916$ 2,916$ 1.05 Topographic Survey Additional topographic survey for Dowd Junction Segment (Segment 2) to document changes from previous survey in 2015 (recent CDOT overlay project, etc.) and collect additional info at I70 Bridge. 1 2 503$ 503$ 5,728$ 6,231$ 23 6 6 36 16 40 1 4,623$ 1,206$ 1,104$ 5,436$ 2,224$ 3,760$ 114$ 18,467$ -$ 18,467$ 5,728$ 24,195$ Total Hours Total Amount 3/1/2021 Exhibit C DocuSign Envelope ID: 325975CE-0D42-4DF5-8C83-18AF653DF092