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Home My WebLink AboutC06-230 FIRST AMENDMENT BETWEEN EAGLE COUNTY, COLORADO AND MORTER ARCHITECTS THIS FIRST AMENDMENT is made and entered into this a day of ~ U. \ , 2006, between Eagle County, by and through its Board of County ommissioners (her inafter referred to as "Eagle County") and Morter Architects, a Professional Corporation (hereinafter referred to as "Architect"). Whereas, Eagle County and Architect entered into a Conceptual Design Agreement dated April 11, 2006 ("Original Agreement") to prepare a conceptual design for the construction of additional housing for elderly citizens on Lot IA. Whereas, Eagle County is now desirous of obtaining further architectural design services from Architect to include schematic design, design development, and construction drawing preparation for 14 one bedroom units and site improvements on Lot 1A. In consideration of the terms and conditions of the Original Agreement and the amendments herein, the sufficiency of which is hereby acknowledged, Eagle County and Architect agree that this First Amendment shall replace and supersede the sections of the Original Agreement as stated hereunder. ARTICLE 1.1- Services Provided shall be deleted in its entirety and replaced with the following effective upon the execution of this First Amendment: "Article 1 - Services Provided 1.1. The Architect will provide the architectural design services as more particularly set forth in the letter dated March 23, 2006 and attached hereto as Exhibit "A" and the letter dated May 25,2006 and attached hereto as Exhibit "B" (hereinafter collectively referred to as "Architectural Design Services"). ARTICLE 2.1- Term of Agreement shall be deleted in its entirety and replaced with the following effective upon the execution of this First Amendment: "Article 2 - Term of Agreement 2.1. Architect shall commence the Architectural Design Services no later than ten (10) business days after the date of this Agreement. Architect shall complete the Architectural Design Services pursuant to the schedules set forth in Exhibits "A" and "B." ARTICLE 3.1- Compensation shall be deleted in its entirety and replaced with the following effective upon the execution ofthis First Amendment: "Article 3 - Compensation , 3.1. In consideration of its performance of the Architectural Design Services, Eagle County shall pay Architect for its time and reimbursable expenses, provided the total fees and expenses for the Architectural Design Services set forth in Exhibit "A" shall not exceed $20,000.00 and provided that the total fees and expenses for the Architectural Design Services set forth in Exhibit "B" shall not exceed $91,000.00. Time will be paid in accordance with the Rate Schedules included in Exhibits "A" and "B," attached hereto and incorporated herein by this reference. Payment shall be made in accordance with the following: a. Architect shall submit to Eagle County progress invoices regarding one or more of the tasks identified in the Architectural Design Services. Such invoices shall describe the services performed and reimbursable expenses incurred. The Architect shall provide Eagle County with such other supporting information as Eagle County may request. b. Architect shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment hereunder, which period shall be extended at Eagle County's reasonable request. Eagle County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time, for the purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the requirements ofthis Agreement and the law." Eagle 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 ofthis 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 First Amendment on the day and year first above written. COUNTY: ATTEST: ISSlOners B. . Teak J. Simonton, Clerk to the Board of County Commissioners . ARCHITECT: By: MORTER I\r:' /~'!' j~\ 1 '+\'. ~-i ... . ... . . .. .. - - - _ -. - - - -f 1d i,'\,;'7M/f I -~ May 25, 2006 Claudia Alexander Golden Eagle Senior Apartments 700 Broadway, PO Box 850 Eagle, CO 81631-0850 Re: Golden Eagle Senior Housing, Lot 1A Fee Proposal for full Architectural Services Dear Claudia, We are so pleased to be working for the Golden Eagle Elderly Housing Corporation to provide additional homes in Eagle County. Working with the team of Tom, KT and you has been great fun and we look forward to continuing on the path to creating an affordable, and beautiful senior community. At our last meeting, Tom gave us the "green light" to proceed on the design for this project. Since we are currently in the process of obtaining the necessary consultant proposals for the completion of the project, we will outline only the architectural services and fee in this letter. We will submit a proposal for all consultants separately. We are proposing a total architectural fee for the second phase of design for 14 one bedroom units and site improvements on the 1 acre parcel known as lot 1A based on the approved schematic design drawings dated 5.15.06. We have also drafted a proposed project design schedule through the beginning of construction. Beginning with your comments from our meeting on 5.22.06, we will continue with the following direction: . Rework unit plan to contain a coat closet, more storage for the kitchen and/or general areas. . Design bath with a shower with a folding seat instead of a tub. . Design windows to maintain privacy between neighbors. . Make patio @ front yard larger and the patio at the rear yard smaller. . Develop the massing with lower roof forms and without high ceiling spaces to save cost. . Examine roof forms over doors to shed snow away from entries. Design roof to eliminate the need for gutters. . The mechanical system shall be forced air, individual to the unit and located in the attic space. . Delete mechanical room in Maintenance Area. Enlarge Maintenance area and reduce the Office. Provide adequate heat in these spaces. (possibly electric?) . Direct Landscape architect to provide a xeriscape design for planting with some deciduous trees along the road and recreation path . Set up interviews with you and local General Contractors for pre-construction services. arch proposal ph 11 rev,doc We understand from our last meeting that we would not be required to present this project to the Board of County Commissioners again. Our progress will be presented to them by the County Administrator in the Administrative Update. PROPOSED TIMELlNE MILESTONE: DURATION: COMPLETION: Schematic Design May 22, 2006 GC SO cost estimate 2 weeks June 5, 2006 Obtain landscape, civil and structural consultants June 19, 2006 Provide plans, elevations, construction cost, consultant fees for Tax Credit Application July 1, 2006 Design Development 8 weeks July 24, 2006 Apply for major PUD Amendment July 24, 2206 GC DO cost estimate 4 weeks August 21, 2006 Application for Tax credits (by Bill Simpson) September 1, 2006 75% Construction Documents 8 weeks September 18, 2006 GC 75% CD cost estimate 4 weeks October 16, 2006 Possible PUD approval 90 days October 16, 2006 Obtain Tax credits (possible date) October 16, 2006 90% Construction Documents 8 weeks November 13, 2006 (in-house) 100% Construction Documents 4 weeks December 11, 2006 (apply for permit) Construction Start 6 weeks January 22, 2007 This schedule is a realistic one from an architectural and consultant standpoint. We can discuss the pros and cons of starting construction in mid-winter. It may be more cost effective to begin construction in the Spring. Our fee includes the completion of Design Development, Architectural Construction Drawings, Specifications and Construction Observation during construction. Any additional consultant fees are not included in our fee. However, we will help acquire Structural, Mechanical/Electrical, Landscape, Waterproofing consultant services and coordinate our construction drawings with these and any other consultants. We will also assist you in the interviewing process for a General Contractor to provide pre-construction services and construct this project. We propose our total architectural fee for the remainder of the design services to be $91,000. The architectural fee would be paid over the duration of the design and construction of the project in increments approximately as follows: Design Development 30% Construction Documents 50% Contract Administration 20% Total Architectural Fees 100% In addition to our fees we bill for reimbursable expenses such as travel, long-distance telephone, printing, plotting and photography at a rate of 1.15 times their cost to us. It is your responsibility to provide us with accurate soils information, survey information and civil engineering services. We can obtain competitive quotes for these services as necessary and if you desire. arch proposal ph n rev. doc ..~ .. Standard Hourly Rates: James R. Morter, FAIA $260 per hour Architectural Staff $70 to $135 per hour Clerical $55 per hour Reimbursable expenses, such as travel, long distance telephone, printing and plotting, will be billed at 1.10 times their cost to us. At the time that Engineering Services are defined, we will employ the AlA 8151 Owner/Architect Short Form Agreement. We will consider our time spent prior to that time to be governed under the terms of that contract. Please let us know if these terms are acceptable to you by signing and returning this letter to our office. I authorize Morter Architects to proceed under the conditions stated herein. Claudia Alexander Date Golden Eagle Senior Apartments arch i>roPQ$~1 ph II-doe M i\ F~~> .F'~c' I . ORTER lie}, I,li ~~1 1 \- '\~^,,,/I ! March 23, 2006 Claudia Alexander Golden Eagle Senior Apartments 700 Broadway, PO Box 850 Eagle, CO 81631-0850 Re: Golden Eagle Elderly Housing Lot 1 A Dear Claudia, We wanted to thank you again for choosing us for this project. As we understand it, there will be two major design phases for this project. The first phase, as outlined in this Letter of Agreement, will encompass conceptual designs for Lot 1A. The second phase, the design and completion of Construction Documents and Construction Administration for an approved scheme, will be defined under a separate agreement. Scope of Work . We will investigate maximizing the potential of the site by looking into different combinations of unit types; including, but not limited to, independent living units, low income units, fully accessible units, family units, and other types of living arrangements as seem appropriate. . We will research site usage requirements, such as parking, emergency vehicle access, and current Town of Eagle land use requirements to see how they impact the development of the site. . We will provide two or three schemes for your review and subsequent presentation to the Board of County Commissioners. Schedule For this portion of the design, we anticipate initial completion of the schemes within four (4) weeks. At which time, we will present the schemes for comments and assign conceptual pricing to the project based on recently completed projects of similar scope. An additional two (2) weeks subsequent to this time would be needed to prepare presentation documents for the Eagle County Board of Commissioners. At the Board's direction, we will gather conceptual estimates from a Contractor during this 2 week period. Professional Fees We project our fee for the above Scope of Work will be $16,000. At the Board's direction, we will work at arriving at a conceptual cost estimate with General Contractors at an additional fee of $4,000. Additional work not outlined herein will be billed at our normal hourly rates. As stated in our letter dated February 27,2006, Jim Morter's time will not be billed during this first phase. Standard Hourly Rates: James R. Morter, FAIA $260 per hour Architectural Staff $70 to $135 per hour Clerical $55 per hour Reimbursable expenses, such as travel, long distance telephone, printing and plotting, will be billed at 1.10 times their cost to us. Please let us know if these terms are acceptable to you by signing and returning this letter to our office. We look forward to working with YJ/ to create a sensible, affordable. and beautiful community. ? .. Regards, ^ ,'-:J .., ) , /;itt tI2J )ij;t~ . ~ " !"-~~9mes R.Morter, FAIA/ MorterArchitects I "'........" I authorize Morter Architects to proceed under the conditions stated herein. Claudia Alexander Date Golden Eagle Senior Apartments .,