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Home My WebLink About24 - Addendum to Johnson Kunel Engineering #20■ ■ /_IIJ►Ilu TO THAT CERTAIN AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND JOHNSON, KUNKEL & ASSOCIATES, INC. ENGINEERING SERVICES - ROAD, WATER & SEWER IMPROVEMENTS - EAGLE COUNTY JUSTICE CENTER THIS ADDENDUM is made and entered into this S1 day of ) 1983, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "Owner," and Johnson, Kunkel & Associates, Inc., hereinafter referred to as the "Engineer." W I T N E S S E T H: WHEREAS, on or about July 21, 1983, the parties hereto entered into an Agreement for the Engineer's design and preparation of bid documents for a 700 foot road and utility extension from the eastern boundary of Chambers Avenue to service the Eagle County Justice Center, hereinafter referred to as the "Primary Agreement;" and WHEREAS, Article 4 of the Primary Agreement provided, in part, that in the event the Owner requested Engineer in writing to perform work over, above and beyond the Scope of Work described in the Primary Agreement, then Engineer shall be paid for such additional work as provided; and WHEREAS, the Owner desires the Engineer to perform additional work as described and subject to the terms and conditions set forth hereinbelow, and Engineer has agreed to perform the same. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree hereby as follows: 6�L ■ ARTICLE 1. EXTENT OF AGREEMENT. This Addendum is and shall be construed as an amendment to the Primary Agreement between the parties hereto dated July 21, 1983. All provisions of the Primary Agreement not inconsistent with the provisions contained in this Addendum shall remain in full force and effect, and shall control and govern the interpretation, construction and enforcement of the provisions contained in this Addendum. For purposes of this Article 1, the Primary Agreement is by reference hereto made a part of this Addendum the same as if fully written herein. ARTICLE 2. SCOPE OF WORK. 2.1 Engineer shall conduct, using generally accepted engineering practices and procedures, periodic field inspections of the construction of the 700 foot road and utility extension from the eastern boundary of Chambers Avenue to service the Eagle County Justice Center for the purpose of ensuring that such road construction and utility extension is in accordance and compliance with the engineered plans and specifications prepared by Engineer pursuant to the Primary Agreement.- The scheduling and performance of such field inspections by Engineer shall be coordinated with and conducted under the general supervision and direction of the Construction Manager /General Contractor for the Eagle County Justice Center, i.e. Kyburz Construction, Inc., hereinafter referred to as "Kyburz." 2.1.1 In conjunction with the foregoing, Engineer shall prepare periodic reports detailing the results of the aforementioned field inspections, and the Engineer's recommendations relative thereto. Three (3) copies of each respective report shall be submitted to the Owner for -2- further distribution to Kyburz and the Architect for the Eagle County Justice Center, W.C. Muchow and Partners, Inc., and Walker McGough Foltz Lyerla, P.S. 2.1.2 For purposes of this Paragraph 2.1, it is anticipated that approximately fifteen (15) hours will be required of Engineer to perform the aforementioned field inspections and inspection reports. 2.1.3 If unusual conditions are encountered during the field inspections which are the subject of this Paragraph 2.1, Engineer shall immediately consult with Kyburz, by and through its Project Manager, Dan Feeney, for the purpose of determining the necessary corrective measures which should be taken. Kyburz shall report such recommended corrective measures to the Board for its approval and implementation. 2.1.4 Engineer shall advise Kyburz as to any further inspections and /or testing required to obtain such information as Engineer deems necessary for a professional interpretation of the adequacy of the subject road construction and utility extension work under the provisions of this Addendum, and shall perform such additional work as authorized by the Board in writing after consultation with Kyburz. The extent of additional inspection and /or testing undertaken shall be consistent with the scope of work set forth in this Addendum. 2.1.5 Any and all samples collected by Engineer for purposes of this Addendum shall be properly labeled and retained by Engineer. Within thirty (30) days from completion of the scope of work specified herein, Engineer shall deliver such samples to Kyburz for further disposition or retention by the Board. -3- 2.2 Engineer shall design one (1) additional fire hydrant line extension in accordance with the general recommendations and specifications provided by the Owner. 2.3 Engineer shall provide Kyburz with necessary field design change information for fire hydrant line extension. 2.4 Engineer shall provide as -built drawings of water and sewer lines as required by the Town of Eagle and Eagle Sanitation District. ARTICLE 3. COMPENSATION. 3.1 The Owner shall pay Engineer for the performance of the work specified in this Addendum an amount not to exceed nine hundred ninety -two dollars and sixty -four cents ($992.64) determined as follows: a. Field inspections and inspection reports at the rate of $33.50 per hour for 15 hours of work .......................... $ 502.50 b. Fire hydrant design .............. 140.14 c. As -Built Drawings ................ 350.00 TOTAL: $ 992.64 3.2 Said amount of $992.64 shall not be exceeded unless previously and expressly agreed to by the Owner in writing. No additional costs, expenses and /or charges entailed by Engineer in the performance of this Addendum shall be reimbursed by the Owner unless expressly authorized by the Owner in writing. All payments for work done herein are contingent upon the satisfactory progress of the work itself being satisfactory to the Owner. 3.3 The acceptance by Engineer of any final payment made pursuant to this Addendum shall constitute a full and complete release of the Owner from any and all claims, demands and causes of action whatsoever which -4- Engineer, its successors or assigns have or may have against the Owner under the provisions of this Addendum, except as otherwise provided for herein. ARTICLE 4. PAYMENTS. Upon completion of the work specified herein, Engineer shall submit an invoice for payment to the Owner. Payment on Engineer's invoice shall be made within thirty (30) days from the date of the Owner's acceptance and approval of the work. If payment is not made within the time specified herein, a minimum service charge of $5.00, or interest at the rate of 1.5% per month or fraction thereof shall be imposed on any remaining balance. IN WITNESS WHEREOF, the parties hereto have executed this Addendum on the day first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF TY COMMISSIONERS By: By: erk of th oard f David E. Mott, Chairman County Commissioners P.O. Box 850 Eagle, Colorado 81631 ATTEST: Telephone: (303) 328 -7311 JOHNSON, KUNKEL & ASSOCIATES, INC. By BY itle : P.O. Box 409 Eagle, Colorado 81631 Telephone: 328 -6368 -5-