HomeMy WebLinkAboutC18-341 Menendez Architects PCSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MENENDEZ ARCHITECTS P.C. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ________________ by and between Menendez Architects P.C. a Colorado professional 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 14th day of March, 2017, for certain Services (the “Original Agreement”); and WHERAS, by a First Amendment dated the 1st day of January, 2018, the parties modified the term as set forth in the Original Agreement; and WHEREAS, the Original Agreement and First Amendment contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $400,000.00; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2018, and the parties desire to extend the term for an additional year. SECOND 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 $250,000.00 or a total maximum compensation under the Original Agreement, First Amendment, and this Second Amendment of $650,000.00. 3. The term of the Original Agreement is hereby extended to the 31st day of December, 2019. 4. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. DocuSign Envelope ID: CA9A1C9B-6072-4DD3-B811-EE3D845A7A3E 11/27/2018 2 Eagle County Amend Term Scope Comp Final 5/14 5. Except as expressly altered, modified and changed in this Second 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 Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: CA9A1C9B-6072-4DD3-B811-EE3D845A7A3E President Luis Menendez 3 Eagle County Amend Term Scope Comp Final 5/14 EXHIBIT 1 FEE SCHEDULE DocuSign Envelope ID: CA9A1C9B-6072-4DD3-B811-EE3D845A7A3E Eagle County On-Call Architectural and Engineering Services 11-12-18 Fee Schedule LABOR CATEGORY HOURLY RATE MENENDEZ ARCHITECTS P.C. Principal (Luis A. Menendez) $120 Architectural Designer $105 Architectural Staff Level 2 $95 Architectural Staff Level 1 $75 Insurance Premium Adjustment to cover the difference in policy premium between $1M and $2M Aggregate Limit. $13 CIVIL ENGINEERING CONSULTANT Principal (Tom Marcin) $208 Dual Licensed PE, PLS $142 Licensed Engineer/Surveyor $126 Project Engineer/Surveyor $109 Design Engineer $88 Senior Survey Technician $88 Survey/Engineering Technician $72 Office Technician $61 Survey Crew (2-man) $162 MEP ENGINEERING CONSULTANT Principal (Stan Humphries) $125 Senior Project Engineer $100 Project Engineer $85 Designer $75 STRUCTURAL ENGINEERING CONSULTANT Principal (Adolfo Gorra) $122 Project Manager $102 Project Engineer $93 Structural Tech/Drafting $86 Administrative $54 Insurance Premium Adjustment to cover the difference in policy premium between $1M and $2M Aggregate Limit. $11 DocuSign Envelope ID: CA9A1C9B-6072-4DD3-B811-EE3D845A7A3E Eagle County On-Call Architectural and Engineering Services 11-12-18 SOILS ENGINEERING CONSULTANT TBD on a case by case basis Reimbursable Expenses In addition to the Architectural Personnel Hourly Fees, the Architect would be reimbursed 1.1 times the actual cost for the following out-of-pocket expenses, necessarily incurred: 1. Transportation and living expenses in connection with out-of-town travel as authorized by Owner. 2. Delivery, messengers and courier services. 3. Expenses of printing, photography and other forms of reproductions of drawings and documents. 4. Fees paid for all necessary approvals and permits from all governing authorities. 5. Costs of models and mock-ups requested by the Owner. 6. Costs of Renderings requested by the Owner. 7. Services of consulting engineers and other consultants as required for the project. DocuSign Envelope ID: CA9A1C9B-6072-4DD3-B811-EE3D845A7A3E