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HomeMy WebLinkAboutC06-348 SECOND AMENDMENT and SCOPE OF SERVICES ADDENDUM FOR THOSE CERTAIN AGREEMENTS BETWEEN EAGLE COUNTY, COLORADO AND MORTER ARCHITECTS THIS SECOND AMENDMENT and SCOPE OF SERVICES ADDENDUM is made and entered into this 2151 day of November, 2006, between Eagle County, by and through its Board of County Commissioners (hereinafter 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 and Architect entered into a First Amendment dated July 17, 2006 ("First Amendment") to prepare schematic design, design development, and construction drawing preparation for 14 one-bedroom units and site improvements on Lot IA. Whereas, the Services provided under the First Amendment did not include structural, engineering, landscape architecture, mechanicaVelectrical engineering, and civil engineering consultant services. Whereas, the County is now desirous of obtaining these additional consultant services from Architect. Additionally, the County is desirous of obtaining PUD Amendment services from Architect that were not included in the Original Agreement or First Amendment. Whereas, the County and Architect want to provide further detail to the Original Agreement, First Amendment, and this Second Amendment through the Addendum that follows hereafter. SECOND AMENDMENT In consideration of the terms and conditions of the Original Agreement, the First Amendment and the amendments herein, the sufficiency of which is hereby acknowledged, Eagle County and Architect agree that this Second Amendment shall supplement the Original Agreement as stated hereunder. ARTICLE 1.4 - Services Provided shall be added effective upon the execution ofthis Second Amendment: "Article I - Services Provided 1.4. Services to be provided by Architect or their consultants shall also include requisite structural engineering, landscape architecture, mechanical/electrical engineering, and civil engineering services. Additionally, Architect will provide requisite PUD Amendment services. Collectively, these services will hereinafter be referred to as "Additional Consultant Services." ARTICLE 3.2 - Compensation shall be added effective upon the execution of this Second Amendment: "Article 3 - Compensation 3.2. In consideration of its performance of the Additional Consultant Services, Eagle County shall pay Architect for its time and reimbursable expenses, provided the total fees and expenses for the Additional Consultant Services shall not exceed the following: Structural Engineering: $5,000.00 Landscape Architecture: $10,500.00 MechanicallElectrical Engineering: $8,000.00 Civil Engineering Services: $19,000.00 PUD Amendment: $2,000.00 For the Additional Consultant Services, Architect shall be bill 1.10 times the amounts billed to the Architect from its various consultants provided that said amount does not exceed those not- to-exceed fees set forth herein." SCOPE OF SERVICES ADDENDUM This Scope of Services Addendum is attached to and made a part of the following Agreements in order to more fully and completely set forth the duties and responsibilities of the parties. 1. Conceptual Design Agreement dated April 11, 2006. 2. First Amendment Between Eagle County, Colorado and Morter Architects dated July 17, 2006. 3. This Second Amendment Between Eagle County, Colorado and Morter Architects. In the event of any conflict between this Scope of Services Addendum and the provisions of all or any of the above Agreements, the provisions of the Agreement(s) shall control. ~ 1.1 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project in accordance with a mutually agreed upon schedule. ~ 1.2 The Architect's services consist of those described herein and any other services identified as part of the above mention Agreements, and include normal structural, mechanical and electrical engineering and landscape architecture services. The Architect's services do not include the services of a civil engineer, however, for the administrative convenience of the Owner it is agreed that the Architect shall retain and process the invoices of the civil engineer on behalf of the Owner provided that such does not render the Architect responsible for the professional services to be provided by the civil engineer. ~2.1 CONCEPTUAL DESIGN PHASE. Conceptual Design services shall be provided consistent with the terms and provisions of the Conceptual Design Agreement dated April 11, 2006. ~ 2.2 SCHEMATIC DESIGN PHASE ~ 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. ~ 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program and schedule. ~ 2.2.3 Based on the mutually agreed-upon program and schedule the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components ~ 2.3 DESIGN DEVELOPMENT PHASE ~ 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program or schedule, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. ~ 2.4 CONSTRUCTION DOCUMENTS PHASE ~ 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. ~ 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. ~ 2.4.3 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. ~ 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. ~ 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT ~ 2.6.1 The Architect shall provide administration of the Contract for Construction as set forth in the Owner's General Conditions of the Contract for Construction. ~ 2.6.2 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the progress of construction to become generally familiar with and keep the Owner informed about the progress and quality of the portion of the Work completed, and to endeavor to guard the Owner against defects and deficiencies in the Work. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work and shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. ~ 2.6.3 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. ~ 2.6.4 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. ~ 2.6.5 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. ~ 2.6.6 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. ~ 2.6.7 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility ofthe Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. ~ 2.6.8 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. ~ 2.6.9 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. ~ 2.6.10 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a fmal Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES ~ 3.1 GENERAL ~ 3.1.1 In the event the Architect shall consider any service it believes to be necessary for the Project to be an Additional Service entitling the Architect to additional compensation, Architect, before commencing the performance of such services, shall secure the Owner's advance approval for the performance of such services. ARTICLE 4 OWNER'S RESPONSIBILITIES ~ 4.1 The Owner shall provide full information as required for the progress of the Project. In the event the Architect believes any information is required from the Owner, the architect shall promptly request such information. ~ 4.2 Information to be provided by the Owner includes surveys to describe physical characteristics, legal limitations and the services of geotechnical engineers as required for the design of the proj ect and the Architect shall be entitled to rely upon the accuracy and completeness thereof. The Owner shall also furnish tests, inspections and reports as required by law or the Contract Documents. ARTICLE 5 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE S5.1 Pursuant to Article 5 of the parties Conceptual Design Agreement, the Architect's Instruments of Service including the plans, specifications, electronic files and other documents prepared for the Project are the property of the owner. However, the Architect's Instruments of Service have been prepared for this Project and shall not be used on any other project without the Architect's permission. In the event of such Architect shall be relieved of all responsibility with regard to that use. Eagle County and Architect agree that, except as expressly altered, modified and changed in this Second Amendment and Scope of Services Addendum, all terms and provisions of the Original Agreement and First Amendment shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. This Second Amendment and Scope of Services Addendum shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties have executed this Second Amendment and Scope of Services Addendum on the day and year first above written. COUNTY: ATTEST: OF EAGLE, STATE OF COLORADO Through its Board of ounty Commissioners ARCHITECT: