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HomeMy WebLinkAboutC14-254 Victor Mark Donaldson Architects First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY,COLORADO AND VICTOR MARK DONALDSON ARCHITECTS 1.38 THIS FIRST AMENDMENT("First Amendment") is effective as of the ,>l;, day of June, 2014 by and between Victor Mark Donaldson Architects a Colorado corporation(hereinafter "Consultant"or"Contractor")and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS,County and Consultant entered into an agreement dated the 17 day of April, 2014, for certain Services(the"Original Agreement");and WHEREAS,the Original Agreement contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed$10,280.00; and WHEREAS,County and Consultant desire by this First Amendment to expand the scope of Services and compensation as set forth in the Original Agreement. FIRST 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 1 which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $4,000.00 or a total maximum compensation under the Original Agreement and this First Amendment of$14,280.00 without an amendment agreed to in writing by the parties. 3. Paragraph 9 of the.Original Agreement shall be deleted and replaced with the following: "Ownership of Documents. All documents prepared by Consultant or its sub- consultants in connection with the Services shall become property of County. Consultant or its sub-consultants shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copy rights)to the same as County shall from time to time request. For purposes of this paragraph, the term"documents"or"Documents"shall mean and include all reports,plans, studies,tape or other electronic recordings, drawings, sketches,estimates, data sheets, maps and work sheets produced,or prepared by or for Consultant(including any employee or sub-consultant in connection with the performance of the Services and additional services under this Agreement). The Consultant agrees to provide to - 0 County electronic copies of the construction documents in both PDF and CAD formats,as well as two (2)plan sets at a size of 24"x36". Consultant may use ideas and drawings prepared during the performance of the Services for other projects as appropriate. County may use the plans, specifications or Documents of Consultant or its sub-consultants without additional compensation to Consultant or its sub- consultants but such use beyond the Project shall be at County's sole risk and without liability to Consultant." 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. In the event of any conflict between Exhibit 1 and the Original Agreement, the Original Agreement shall control. 5. 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 are hereby ratified and confirmed in all respects as of the date hereof. 6. This First Amendment shall be binding on the parties hereto,their heirs, executors, successors,and assigns. 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: -ith P. Montag, County Manager CONSU. TA 1 VICTG'' MA' DONALDSON ARCHITECTS By: t' Print Name: U tlfG-' /' r'UcYtJ Title: ' EXHIBIT 1 ADDITIONAL SERVICES One(1) shelter will be located in Avon, Colorado, and two (2)shelters will be located in Eagle, Colorado. The fee for additional Services is based upon the conceptual drawings by Design Workshop issued on January 17,2014 with the ECO Transit RFP and the meeting between Consultant and its sub-consultant on February 12, 2014. The additional Services shall include: A. Each of the proposed shelters will consist of two(2) foot tall board-formed concrete wall with eight(8)tube-steel columns, a perimeter tube-steel frame,and a mono-pitched wood framed roof with metal roofing. The shelter will be sided with a combination of polygala sheeting and wood siding. B. There are two(2)models of shelter proposed. The large shelter is 6 feet x 14 feet, while the small shelter is 6 feet x 10 feet. The large shelter will be used at the Avon and Eby Creek locations, while the small shelter will be located at the Eagle location of Eagle Park. C. Site specific Geotechnical reports have not been made available;however, based on previous experience it has been assumed that the foundation will be spread footings, and that the slab-on- grade is acceptable at all locations. D. Construction Document(CD)services will include design, detailing,and specifications necessary for bidding,permitting and construction of the project. E. Construction Administration(CA) services will include submittal review, support and site visits during construction. F. ECO Transit has expressed interest in installing additional bus shelters after the initial three (3)shelters described above have been designed and constructed. It is recommended that additional shelters need structural engineering services such that the structures are designed for site specific design loads as well as site specific soil conditions. The roof,lateral,and foundation designs will need to be checked or re-designed on a site-specific basis. If multiple additional shelters begin simultaneously,we will work with ECO Transit in good faith to negotiate a revised re-use fee that accounts for the efficiency of issuing multiple shelter sites of the same design at one time. The re-design fee("Each Additional Shelter")identified below is based on spread footings of a different bearing capacity and does not include re-design for a deep foundation system. Based upon the foregoing the fees for additional services are: Construction Documents(3 Shelters) $4,000 Construction Administration Hourly Each Additional Shelter $900 Additional Construction Administration Hourly Labor Rates: Principal $165/hour Associate $145/hour Senior Project Manager $135/hour Project Engineer $115/hour Professional Engineer $105/hour Engineer EIT II $95/hour Engineer EIT I $85/hour Sr. CAD Operator $90/hour Project CAD Operator $75/hour CAD Operator $65/hour Administrative Asst. $65/hour