HomeMy WebLinkAboutC05-035 Shepherd Resources, Inc.
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FIRST AMENDMENT TO THE AGREEMENT REGARDING PROVISION OF
ARCHITECTURAL SERVICES TO EAGLE COUNTY RE:Fg'EEDOM PARK
MEMORIAL
THIS First Amendment to the Agreement Regarding Provision of Architectural Services to Eagle
Countv Re: Freedom Park Memorial ("First Amendment") is made and entered into this t:L~ay
of fOr , 2005 between Eagle County, by and through its Board of County
Commissioners ' ounty") and Shepherd Resources, Inc., a Colorado corporation ("Architect")
(collectively "Parties").
WHEREAS, County and Architect entered into an Agreement dated August 17, 2004 ("Original
Agreement") for the provision of architectural services regarding the Freedom Park Memorial.
WHEREAS, the Original Agreement contained a scope of services provided by Architect for the
design of the Freedom Park Memorial consisting of Phase I (Conceptual and Schematic design)
and Phase II (Design Development/Construction Documents).
WHEREAS, the terms of the Original agreement were limited to Phase I services as Phase II
services would not be known with particularity until the completion of Phase 1.
WHEREAS, Phase I has now been completed and the Parties desire to amend the Original
Agreement to include Phase II services.
In consideration of the terms and conditions of the Original Agreement and the additional
consideration set forth hereunder, the sufficiency of which is hereby acknowledged, County and
Architect agree that this First Amendment shall replace and supersede those sections of the
Original Agreement as stated hereunder.
Section 1, Scope of the Services: The first paragraph shall be deleted in its entirety and replaced
with the following:
"1. Scope of the Services: The scopes of services are described in Exhibit "A" attached hereto
and incorporated herein by this reference ("Services"). The Services are generally described as
developing and presenting to the County conceptual and schematic design as well as design
development drawings for the Freedom Park memorial. Specifically, the Services shall include
only those items associated with conceptual, schematic and design development set forth in both
Phase I and Phase II of Exhibit "A." Any services by Architect associated with construction
documents and construction administration shall only be performed through a separate
agreement or further amendment hereto."
Section 3, Time of Performance and Termination: The first paragraph shall be deleted in its
entirety and replaced with the following:
"3. Time of Performance and Termination: Architect shall commence the Services not later
than within five (5) business days after the date of this Agreement. Architect shall complete the
Services by November 15,2004."
Section 4, Compensation and Payment: The first paragraph shall be deleted in its entirety and
replaced with the following:
"4. Compensation and Payment: In consideration of its performance of the Services, County
shall pay Architect for the Services its time plus expenses in an amount not to exceed $15,000.00
for Phase I Services (conceptual and schematic design) and $33,000.00 for Phase II Services
(design development drawings). Time will be paid in accordance with the Rate Schedule
included in Exhibit "B," attached hereto and incorporated herein by this reference. Payment for
Phase II Services does not include consultant fees or professional artist fees. Any additional cost
associated with consultant fees or professional artist fees must set forth in a separate estimate
approved by the County prior to payment."
County and Architect agree that, 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 hereby are ratified and confirmed in all respects as of the date hereof.
If any conflict exists between the provisions of this First Amendment and the Original
Agreement, the provisions of this First Amendment shall control.
This First Amendment shall be binding on the parties hereto, their heirs, executors, successors,
and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
above written.
ATTEST: COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
.
Clerk to the Board
SHEPHERD RESOURCES, INC.
By: ~>>~
Douglas M. DeChant, President
STATE OF COLORADO)
ss.
COUNTY OF EAGLE)
The foregoing instrument was as:~owdged before me this day of
y~ ___ ,~, "y Douglas DeChant, known to me to be the President of
Shep~rd Reso~s, Inc. who acknowledged to me that he executed the foregoing document,
that he executed it in that capacity, and that the same was the act of the corporation.
Witness my hand and official seal.
My commission expires:
