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HomeMy WebLinkAboutECHDA19-010 JV DeSousaFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND J.V. DESOUSA, L.L.C. THIS FIRST AMENDMENT (“First Amendment”) is effective as of ____________________, by and between J.V. DESOUSA a Colorado Limited Liability Company (hereinafter “Consultant” or “Contractor”) and Eagle County Housing and Development Authority, a body corporate and politic (hereinafter “ECHDA”). RECITALS WHEREAS, ECHDA and Consultant entered into an agreement dated the 19th day of April 2016, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $210,000; and WHEREAS, the ECHDA desires to have Consultant perform additional Services for additional compensation as set forth below; and 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 $209,600 or a total maximum compensation under the Original Agreement and this First Amendment of $419,600. 3. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 4. 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. 5. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: 90B656CD-9CBA-43EF-816B-F190AD9858FF 3/19/2019 2 ECHDA Am Term Scope Comp Final 5/14 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY By: _____________________________ Jeanne McQueeny, Chair Attest: By: __________________________________________ Regina O’Brien, Clerk CONSULTANT By: _____________________________________ Print Name:______________________________ Title: ___________________________________ DocuSign Envelope ID: 90B656CD-9CBA-43EF-816B-F190AD9858FF Manager/Architect jv DeSousa 3 ECHDA Am Term Scope Comp Final 5/14 EXHIBIT 1 SCOPE OF SERVICES, SCHEDULE, FEES SCOPE OF SERVICES: Concept Design Phase: No change, this portion of the scope was completed Spring 2016. Design Development Phase: Consultant will file a Preliminary Plan Application and meet with the Eagle Ranch Design Review Board. Consultant will submit and manage Minor Development Permit Plan application and process with the Town of Eagle. The parties acknowledge that Consultant has engaged Sustainably Built, LLC as a subconsultant who will assist Consultant in meeting the HERS/Energy Star ratings and mechanical design requirements for the project. Specifically, Consultant and its subconsultants shall be responsible for the development of an initial HERS/Energy Star model for the project; provide mechanical and electrical systems recommendations to maximize energy savings while working within anticipated construction budget, and provide thermal envelope recommendations to minimize energy loss. Consultant will coordinate with its subconsultants to verify preliminary LEED scoresheet developed by Consultant during the Design Development Phase. Consultant shall be responsible for review of Design Development documentation for conformance with preliminary scoresheet and provide information on issues to achieve scoring and recommendations on additional potential scoring opportunities. Consultant shall be responsible for registering the project with USGBC in anticipation of obtaining LEED certification. Construction Documentation Phase: Consultant shall be responsible for finalizing energy modeling; reviewing architectural, mechanical and electrical documentation for compliance with Energy Star requirements and providing project management related to project energy requirements. Consultant shall be responsible for monitoring construction documentation as it is developed for conformance with the preliminary scoresheet and provide direction, where required, on how to document specific items to be compliant with LEED requirements. Consultant will be responsible for tracking where documentation exists for each credit sought. Consultant will be responsible for providing USGBC with preliminary scoresheet identifying credits being sought. Consultant will be responsible for providing DocuSign Envelope ID: 90B656CD-9CBA-43EF-816B-F190AD9858FF 4 ECHDA Am Term Scope Comp Final 5/14 USGBC with documentation of credits achieved in Integrative Process and Location and Transportation categories of LEED certification. Construction Phase Services: Consultant shall be responsible for providing on-site Energy Star inspections during framing and insulation portions of construction, a preliminary blower door test and thermal imaging at completion of insulation, a final inspection and blower door test as the project nears substantial completion, and project management of energy requirements. Consultant will ensure that its subconsultants will visit the project site as needed to observe and track construction activities for compliance on the LEED credits sought. Consultant will be responsible for coordinating all documentation requirements with the construction Contractor. Consultant shall be responsible for gathering all necessary documentation from the construction Contractor and other parties to the project for submission to USGBC in evidence of compliance with LEED requirements. Consultant will ensure that its structural engineer subconsultant will revise the design and documentation of the foundation system for the proposed structure. The foundation system will change from a system of shallow footing bearing on over excavated native soils and important structural fill to a deep foundation of helical piers and concrete stem walls. The change in the foundation system is based upon Value Engineering recommendations from the project team and has been approved by ECHDA. Close Out Phase: Consultant will visit the project site to create a punch list of construction items needing to be added, corrected or improved by the construction Contractor. Consultant will issue documentation of punch list items to the construction Contractor and ECHDA. Consultant will make one site visit to the site to check that all additions, corrections or improvements have been made and issue documentation of any items that remain outstanding. Consultant will be responsible for ensuring that final Home Energy Rating Certificate (HERS) and Energy Star Documentation are provided. Consultant will be responsible for providing final reporting of construction compliance to USGBC and will coordinate with and deliver required information to LEED Provider for verification of final credits to USGBC. Consultant will coordinate with ECHDA for delivery of final certification from USGBC. Excluded Services: The following are specifically excluded from the scope of basic services provided under this contract: renderings other than those that may be prepared for the Eagle Ranch Design Review Board, cost estimating, fire protection system design, lighting design, surveying, geotechnical engineering. DocuSign Envelope ID: 90B656CD-9CBA-43EF-816B-F190AD9858FF 5 ECHDA Am Term Scope Comp Final 5/14 SCHEDULE: The phases of the work shall be completed within the following periods of time. Concept Design Phase: nine weeks from written notice to proceed. Design Development: eight weeks from written approval to proceed. Construction Documentation: ten weeks from written approval to proceed. Construction Phase services shall commence with the issuance of a permit for construction and terminates on the date that is sixty (60) days following the date that the project receives its certificate of occupancy. COMPENSATION: Fee for design services shall be as follows: 5.5% of the current estimated construction hard cost of $6,500,000 for 22 units plus the cost of sustainability consultant (Sustainably Built), green rater (Sustainably Built), and additional MEP coordination necessary for LEED certification (Gehring Associates). 5.5% of $6,500,000 $357,500 Sustainably Built fee $20,600 Green Rater (LEED Certification requirement) $30,000 MEP coordination $4,000 Structural Engineering VE services $7,500 TOTAL FEE: $419,600 + reimbursable expenses Breakdown of fee by phase: Concept Design Phase $ 32,000, billed September 2016 Design Development Phase $ 85,000 Construction Documentation Phase $ 166,700 Construction Observation $ 121,250 Close Out $ 6,950 TOTAL $ 419,600 Hourly Rates Architecture Principal-in-Charge $135 (travel $100) Project Architect $120 (travel $100) Job Captain $90 Designer 2 $80 Designer 1 $65 Intern $50 Clerical $50 DocuSign Envelope ID: 90B656CD-9CBA-43EF-816B-F190AD9858FF 6 ECHDA Am Term Scope Comp Final 5/14 Landscape Architecture Principal Landscape Architect/Planner $110 - $150 Senior Landscape Architect/Planner $85 - $110 Landscape Architect/Planner $65 - $85 Graphic Designer $80 - $90 Photographer $130 IT Specialist $90 Clerical $65 Civil Engineering Principal $140 - $172 Project Manager $124 - $132 Senior Project Manager $112 - $116 Senior Designer $104 - $116 Project Engineer $108 - $112 Design Engineer $100 CAD Designer $100 Administrative Support $88 - $92 REIMBURSABLE EXPENSES: Reimbursable expenses shall be subject to Section 5. d. of the Original Agreement and shall be compensated at 1.1 times actual expense incurred. Project related reimbursable expenses include but are not limited to: printing, delivery, plan review fees, mileage. Travel shall be reimbursed in one of the two following ways: 1. Consultants shall drive personal or company vehicles and mileage shall be reimbursed at $0.575 per mile. 2. Consultants shall drive rental cars and actual cost of rental (car and fuel) shall be reimbursed at 1.1 times actual expense incurred. Reimbursable expenses shall not exceed $19,000 and such expenses shall be in addition to the overall not to exceed contract price. DocuSign Envelope ID: 90B656CD-9CBA-43EF-816B-F190AD9858FF