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HomeMy WebLinkAboutC23-149 Marcin Engineering_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND MARCIN ENGINEERING, LLC THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ________________, by and between Marcin Engineering, LLC, a Colorado limited liability company (hereinafter “Consultant”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement (C21-284) dated the 24th day of August, 2021, for certain Services (the “Original Agreement”); and WHEREAS, County and Consultant entered into a First Amendment (C22-318) dated the 16th day of August, 2022, for certain Services (the “First Amendment”); and WHEREAS, by a First Amendment extended the term to the 30th day of April, 2023; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS, the First Amendment of the Original Agreement expires on the 30th day of April, 2023 and the parties desire to extend the term until the 29th day of December 2023. 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 A, which is attached hereto and incorporated herein by reference. 2. The term of the Original Agreement is hereby extended to the 29th day of December 2023. 3. The compensation for the additional Services set forth in Exhibit A shall not exceed $26,000 or a total maximum compensation under the Original Agreement and this Second Amendment of $235,900.00. 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, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. DocuSign Envelope ID: 7925BDAD-CACF-40BE-99CB-0E04A6A70733 4/28/2023 2 SNROB Am Term Final 5/14 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. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: 7925BDAD-CACF-40BE-99CB-0E04A6A70733 3 SNROB Am Term Final 5/14 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:_________________________________ Jeff Shroll, County Manager CONSULTANT By: _____________________________________ Print Name:_______________________________ Title: ___________________________________ DocuSign Envelope ID: 7925BDAD-CACF-40BE-99CB-0E04A6A70733 Engineer Antonio Vazquez 101 Eagle Rd, #5 | PO Box 1062 | Avon, CO 81620 | (970) 748-0274 | www.marcinengineering.com March 24, 2023 Eagle County Engineering Attn: Rickie Davies 500 Broadway PO Box 850 Eagle, CO 81631 richard.davies@eaglecounty.us RE: Request for Additional Budget, SH131 & Ute Creek Roundabout Rickie, Below is an itemized list of requested budget addition for the SH 131 & Ute Creek Road roundabout project. Included with each budget item request is an explanation detailing why the budget is requested. Budget is requested for new contract items in addition to existing contract items. $18,000 for Meetings & Coordination: With several different entities and consultants on this project that need to be on the same page, we have called and responded to more meetings than initially expected. This is due in part to the schedule creep we have experienced with longer delivery times than anticipated for the traffic and geotechnical studies, as well as the right-of-way work which involves two different processes due to the involvement of the BLM. In addition to this, many internal meetings were necessary in the early stages of the project to understand the parcel boundaries and existing right-of-way in the area, which came at great difficulty to the lack of detailed boundary information available, and extensive research was required. Together with the meetings held internally to confirm design specifics and next steps as the project progresses, the budget amount originally proposed and contracted is short of what is required. We request this budget addition to cover what we have gone over for this item and to provide available budget for meetings & coordination to finish out the project. $24,000 for Project Design & Construction Plans: We realize that the original proposed and contracted amount for this item is short of what will be required to fully develop the design and construction plans for the project, and we request this additional budget to cover the cost of design and construction plans. $10,000 for Right-of-Way Acquisition & Plans by others: We request this budget addition to cover the acquisition work by our proposed ROW subconsultant, A Project Resource LLC. Marcin is using most of the existing budget to develop the ROW plans to CDOT’s preferences. Our estimate for the cost of this work was preliminary, per the contract, and we received the proposal for acquisition work from our subconsultant after the project start. We now have a detailed idea of what this item will cost. $16,000 for Structural Engineering by others: As the project includes a proposed retaining wall, we request this new budget item to cover the engineering work of our structural subconsultant, Rosch Engineering. EXHIBIT ADocuSign Envelope ID: 7925BDAD-CACF-40BE-99CB-0E04A6A70733 101 Eagle Rd, #5 | PO Box 1062 | Avon, CO 81620 | (970) 748-0274 | www.marcinengineering.com $1,600 for Geotechnical Study & Report by others: Our geotechnical consultant, Kumar & Associates, will need to coordinate design and specification items with our structural subconsultant, Rosch Engineering. We request this budget addition to cover their collaboration with structural over the retaining wall design, which was not included in their original proposal. If Eagle County has questions about the items of this request, Tom Marcin and myself will be available to meet. Sincerely, Tony Vazquez, PE MARCIN ENGINEERING EXHIBIT ADocuSign Envelope ID: 7925BDAD-CACF-40BE-99CB-0E04A6A70733 TASK 5 12 19 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 3 10 27 4 11 18 25 GEOTECHNICAL STUDY AND REPORT ENVIRONMENTAL INVESTIGATION RIGHT-OF-WAY RESEARCH & PLANS RIGHT-OF-WAY ACQUISITION WORK SOLICIT STRUCTURAL ENGINEERING SERVICE STRUCTURAL WALL DESIGN 90% DESIGN AND PLAN SET CREATION REVIEW OF 90% PLANS FINAL DESIGN AND PLAN SET CREATION REVIEWS/REVISIONS TO FINAL PLANS DRAINAGE STUDY AND NARRATIVE CONSTRUCTION SPECIFICATIONS PAVEMENT DESIGN REPORT PROJECT SPECIAL PROVISIONS CONSTRUCTION ESTIMATE COORDINATION WITH CDOT AND EAGLE COUNTY COMPLETION OF PROJECT DESIGN 2023 - SEPTEMBER 2023 - OCTOBER 2023 - DECEMBER2023 - NOVEMBER2023 - JUNE 2023 - JULY 2023 - AUGUST2023 - JANUARY 2023 - FEBRUARY 2023 - MARCH 2023 - APRIL 2023 - MAY2022 - DECEMBER STATE HIGHWAY 131 & UTE CREEK ROAD INTERSECTION DESIGN - PROPOSED PROJECT SCHEDULE - DEC 2022 ONWARD EXHIBIT ADocuSign Envelope ID: 7925BDAD-CACF-40BE-99CB-0E04A6A70733