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HomeMy WebLinkAboutC20-170 JV DeSousaSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND J.V. DESOUSA, L.L.C. THIS SECOND AMENDMENT (“First Amendment”) is effective as of ________________, by and between J.V. DESOUSA, LLC, a Colorado limited liability company (hereinafter “Consultant” or “Contractor”) and the 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 First Amendment to the Agreement was executed as of the 19th day of March, 2019, for certain additional services with compensation in the amount not to exceed $209,600, for total maximum compensation under the Original Agreement and the First Amendment of $419,600; and WHEREAS, the ECHDA desires to have Consultant perform additional Services for additional compensation as set forth below; and 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 $6,000 or a total maximum compensation under the Original Agreement, the First Amendment and this Second Amendment of $425,600. 3.Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement and First Amendment of the Agreement. To the extent that the terms and provisions of the Second Amendment conflicts with, modify or supplement portions of the Original Agreement or First Amendment to the Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 4.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. DocuSign Envelope ID: BBD90EEF-F2AA-4AD4-9341-D37086359528 5/1/2020 C20-170 2 ECHDA Am Term Scope Comp Final 5/14 5. 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. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY By: _____________________________ Kim Bell Williams, Executive Director CONSULTANT By: _____________________________________ Print Name:______________________________ Title: ___________________________________ DocuSign Envelope ID: BBD90EEF-F2AA-4AD4-9341-D37086359528 Manager/Architect jv DeSousa EXHIBIT 1 SCOPE OF SERVICES, SCHEDULE, FEES SCOPE OF SERVICES: Construction Documentation Phase: JVA, Inc., subconsultant, of Contractor (“JVA”) will provide civil engineering services in the design and documentation of an expansion of an off-site parking area. The parking area will be to the northwest of the Two10 project site at the northwest end of the Castle Peak parking lot. The parking area will contain 10 parking spaces and a central drive aisle aligned with the existing parking configuration at Castle Peak. JVA will coordinate with Contractor on the design of the lot. Design and documentation services will include: 1. Design of the parking area, drive aisle and turn around and preliminary grading to the one-foot contour interval. 2. Assist Eagle County Housing and Development Authority (“ECHDA”) with the Town of Eagle review process. Submit review drawings for horizontal layout, grading & drainage, erosion control and utilities. 3. Refine the grading to the final grading required on the site with critical spot elevations provided. Finalize the design of the site and produce a horizontal control plan with signage and striping. 4. Produce a set of final construction documents including technical Specifications for pertinent civil engineering sections. Construction Phase Services: JVA will visit the site as needed to observe and track construction activities for compliance with the construction documents. Close Out Phase: JVA will visit the site to create a punch list of construction items needing to be added, corrected or improved by the contractor. JVA will issue documentation of punch list items to the Contractor and ECHDA. Excluded Services: The following are excluded from the scope of services: 1. Storm drainage: JVA has assumed that no drainage infrastructure will be required and stormwater from the proposed lot will flow into the storm infrastructure in the adjacent parking lot. 2. Traffic signals or signalization plans and site lighting design and documentation. 3. Pavement design criteria. DocuSign Envelope ID: BBD90EEF-F2AA-4AD4-9341-D37086359528 SCHEDULE: This scope of work will have no impact on the schedule previously agreed to under the Original Agreement. COMPENSATION: Fee for design services shall be as follows: Not to exceed $6,000 for design and documentation of the off-site parking area. DocuSign Envelope ID: BBD90EEF-F2AA-4AD4-9341-D37086359528