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HomeMy WebLinkAboutC23-050 EV Studio
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND
EV STUDIO, LLC
THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between EV Studio,
LLC, a Colorado Limited Liability Company (hereinafter “Consultant”) and Eagle County, Colorado, a
body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, County desires to retain Consultant for the provision of Basic Services, Architecture,
Structural Engineering, and Mechanical/Electrical/Plumbing (MEP) services required for all non-modular
portions of the installation of residential units (the “Project”) located on a portion of Tract C of the Berry
Creek/Miller Ranch PUD, Edwards, Colorado (the “Property”); and
WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection
with the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and
County agree as follows:
1. Services. Consultant agrees to diligently provide all services, labor, personnel, and materials
necessary to perform and complete the services described in Exhibit A (“Services”) which is attached
hereto and incorporated herein by reference. The Services shall be performed in accordance with the
provisions and conditions of this Agreement.
a. Consultant agrees to furnish the Services in accordance with the schedule established in
Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services
in a timely and expeditious manner consistent with the applicable standard of care. By signing below
Consultant represents that it has the expertise and personnel necessary to properly and timely perform the
Services.
b. In the event of any conflict or inconsistency between the terms and conditions set forth in
Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in
this Agreement shall prevail.
c. Consultant agrees that it will not enter into any consulting or other arrangements with
third parties that will conflict in any manner with the Services.
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2.County’s Representative. The Project Management Department’s designee shall be Consultant’s
contact with respect to this Agreement and performance of the Services. The Eagle County Project
Manager shall be authorized to sign change orders increasing the scope of work and associated
compensation within the budget constraints set for the Project. Change orders in excess of the budgeted
amount must be signed and approved by the Board of County Commissioners.
3.Term of the Agreement. This Agreement shall commence upon the date first written above, and
subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 31st of
December, 2024.
4.Extension or Modification. This Agreement may not be amended or supplemented, nor may any
obligations hereunder be waived, except by agreement signed by both parties. No additional services or
work performed by Consultant shall be the basis for additional compensation unless and until Consultant
has obtained written authorization and acknowledgement by County for such additional services in
accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the
parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services,
and no claim that County has been unjustly enriched by any additional services, whether or not there is in
fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder.
In the event that written authorization and acknowledgment by County for such additional services is not
timely executed and issued in strict accordance with this Agreement, Consultant’s rights with respect to
such additional services shall be deemed waived and such failure shall result in non-payment for such
additional services or work performed.
5.Compensation. County shall compensate Consultant for the performance of the Services in a sum
computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement
shall not exceed thirty-four thousand, three hundred dollars ($34,300.00.00). Consultant shall not be
entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless
specifically authorized in writing by County.
a.Payment will be made for Services satisfactorily performed within thirty (30) days of
receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the
hours spent, tasks performed, who performed each task, and such other detail as County may request.
b.Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall
be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up
thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses
shall not include any payment of salaries, bonuses, or other compensation to personnel of Consultant.
Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically
approved in writing by County.
c.If, at any time during the term or after termination or expiration of this Agreement,
County reasonably determines that any payment made by County to Consultant was improper because the
Services for which payment was made were not performed as set forth in this Agreement, then upon
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written notice of such determination and request for reimbursement from County, Consultant shall
forthwith return such payment(s) to County. Upon termination or expiration of this Agreement,
unexpended funds advanced by County, if any, shall forthwith be returned to County.
d. County will not withhold any taxes from monies paid to the Consultant hereunder and
Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
e. Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any
period after December 31 of any year, without an appropriation therefor by County in accordance with a
budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the
Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the
TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any
sub-consultant agreements for the performance of any of the Services or additional services without
County’s prior written consent, which may be withheld in County’s sole discretion. County shall have
the right in its reasonable discretion to approve all personnel assigned to the subject Project during the
performance of this Agreement and no personnel to whom County has an objection, in its reasonable
discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by
County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant
by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities
which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant
and Consultant shall cooperate in such process. Consultant shall be responsible for the acts and omissions
of its agents, employees and sub-consultants or sub-contractors.
7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the
following insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
i. Workers’ Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident
combined bodily injury and property damage liability insurance, including coverage for owned, hired, and
non-owned vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury, products/completed operations, broad form property damage with limits of
liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits.
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iv. Professional liability insurance with prior acts coverage for all Services required
hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not
less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability
insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall
precede the effective date of this Agreement. Continuous coverage will be maintained during any
applicable statute of limitations for the Services and Project.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be endorsed to
include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials,
employees, agents and volunteers as additional insureds.
ii. Consultant’s certificates of insurance shall include sub-consultants as additional
insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for
each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum
requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing
coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by
Consultant and its sub-consultants until the applicable statute of limitations for the Project and the
Services has expired.
iii. Insurance shall be placed with insurers duly licensed or authorized to do business
in the State of Colorado and with an “A.M. Best” rating of not less than A-VII.
iv. Consultant’s insurance coverage shall be primary and non-contributory with
respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against
Eagle County.
v. All policies must contain an endorsement affording an unqualified thirty (30)
days notice of cancellation to County in the event of cancellation of coverage.
vi. All insurers must be licensed or approved to do business within the State of
Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein.
vii. Consultant’s certificate of insurance evidencing all required coverage(s) is
attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance
policy and/or required endorsements required under this Agreement within five (5) business days of a
written request from County, and hereby authorizes Consultant’s broker, without further notice or
authorization by Consultant, to immediately comply with any written request of County for a complete
copy of the policy.
viii. Consultant shall advise County in the event the general aggregate or other
aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will
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reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new
certificate of insurance showing such coverage.
ix. If Consultant fails to secure and maintain the insurance required by this
Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately
terminate this Agreement.
x. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
xi. The parties hereto understand and agree that the County is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights,
immunities, or protections provided by the Colorado Governmental Immunity Act, as from time to time
amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected
officials, employees, agents, or volunteers.
xii. Consultant is not entitled to workers’ compensation benefits except as
provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation
coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal
and state income tax on any monies paid pursuant to this Agreement.
8. Indemnification. Consultant shall indemnify and hold harmless County, and any of its officers,
agents, or employees against any losses, claims, damages, or liabilities for which County may become
subject to insofar as any such losses, claims, damages, or liabilities arise out of, directly or indirectly, this
Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub-
consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs,
legal, or other expenses incurred by County in connection with investigating or defending any such loss,
claim, damage, liability, or action. This indemnification shall not apply to claims by third parties against
the County to the extent that County is liable to such third party for such claims without regard to the
involvement of the Consultant. This paragraph shall survive expiration or termination hereof.
9. Ownership of Documents. All documents prepared by Consultant in connection with the Services
shall become property of County. For purposes of this paragraph, the term “documents” shall mean and
include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data
sheets, maps, or work sheets produced, or prepared by or for Consultant (including any employee or
subconsultant in connection with the performance of the Services and additional services under this
Agreement).
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i)
personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii)
when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their
respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either
party may change its address for purposes of this paragraph by giving five (5) days prior written notice of
such change to the other party.
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COUNTY:
Eagle County, Colorado
Attention: Kristin Degenhardt
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-3457
E-Mail: Kristin.degenhardt@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
E-Mail: atty@eaglecounty.us
CONSULTANT:
EV Studio, LLC
Dean Dalvit, Principal Member
5335 W. 48th Ave. #300
Denver, CO 80212
303-670-7242 x 14
dean@evstudio.com
11. Coordination. Consultant acknowledges that the development and processing of the Services for
the Project may require close coordination between various consultants and contractors. Consultant shall
coordinate the Services required hereunder with the other consultants and contractors that are identified
by County to Consultant from time to time, and Consultant shall immediately notify such other
consultants or contractors, in writing, of any changes or revisions to Consultant’s work product that might
affect the work of others providing services for the Project and concurrently provide County with a copy
of such notification. Consultant shall not knowingly cause other consultants or contractors extra work
without obtaining prior written approval from County. If such prior approval is not obtained, Consultant
shall be subject to any offset for the costs of such extra work.
12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any
reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written
notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide
County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and
shall return all County owned materials and documents. County shall pay Consultant for Services
satisfactorily performed to the date of termination.
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13. Venue, Jurisdiction, and Applicable Law. Any and all claims, disputes or controversies related to
this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado,
which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed,
interpreted under, and governed by the laws of the State of Colorado.
14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the
same instrument. The parties approve the use of electronic signatures for execution of this Agreement.
Only the following two forms of electronic signatures shall be permitted to bind the parties to this
Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the
image of the signature of an authorized signer inserted onto PDF format documents. All documents must
be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act, C.R.S. 24-71.3-101 to 121.
15. Other Contract Requirements.
a. Consultant shall be responsible for the completeness and accuracy of the Services,
including all supporting data or other documents prepared or compiled in performance of the Services,
and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County
has accepted or approved the Services shall not relieve Consultant of any of its responsibilities.
Consultant shall perform the Services in a skillful, professional, and competent manner and in accordance
with the standard of care, skill, and diligence applicable to Consultants performing similar services.
Consultant represents and warrants that it has the expertise and personnel necessary to properly perform
the Services and covenants that its professional personnel are duly licensed to perform the Services within
Colorado. This paragraph shall survive termination of this Agreement.
b. Consultant agrees to work in an expeditious manner, within the sound exercise of its
judgment and professional standards, in the performance of this Agreement. Time is of the essence with
respect to this Agreement.
c. This Agreement constitutes an agreement for performance of the Services by Consultant
as an independent contractor and not as an employee of County. Nothing contained in this Agreement
shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture,
or any other relationship between County and Consultant except that of independent contractor.
Consultant shall have no authority to bind County.
d. Consultant represents and warrants that at all times in the performance of the Services,
Consultant shall comply with any and all applicable laws, codes, rules, and regulations.
e. This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes all other agreements or understanding between the parties with
respect thereto.
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f. Consultant shall not assign any portion of this Agreement without the prior written
consent of the County. Any attempt to assign this Agreement without such consent shall be void.
g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely for the parties, and not to any third party.
h. No failure or delay by either party in the exercise of any right hereunder shall constitute a
waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding
breach.
i. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
j. Consultant shall maintain for a minimum of three years, adequate financial and other
records for reporting to County. Consultant shall be subject to financial audit by federal, state, or county
auditors or their designees. Consultant authorizes such audits and inspections of records during normal
business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or
inspections.
k. The signatories to this Agreement aver to their knowledge, no employee of the County
has any personal or beneficial interest whatsoever in the Services or Property described in this
Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner
or degree with the performance of the Services and Consultant shall not employ any person having such
known interests.
16. Data Security.
a. Definitions:
i. “County Data” means all data created by or in any way originating with County
and End Users, and all information that is the output of any computer processing, or other electronic
manipulation, of any information that was created by or in any way originating with County and End
Users, in the course of using and configuring the Services provided under this Agreement, and includes
all records relating to County’s use of Contractor Services and Protected Information.
ii. “End User” means the individuals (including, but not limited to employees,
authorized agents, students and volunteers of County; Third Party consultants, auditors and other
independent contractors performing services for County; any governmental, accrediting or regulatory
bodies lawfully requesting or requiring access to any Services; customers of County provided services;
and any external users collaborating with County) authorized by County to access and use the Services
provided by Contractor under this Agreement.
iii. “Protected Information” includes, but is not limited to, personally-identifiable
information, student records, protected health information, criminal justice information or individual
financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information
that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use
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and disclosure of such information. The loss of such Protected Information would constitute a direct
damage to the County.
iv. “Security Incident” means the potentially unauthorized access by non-authorized
persons to personal data or non-public data the Contractor believes could reasonably result in the use,
disclosure or theft of County Data within the possession or control of the vendor. A Security Incident
may or may not turn into a data breach.
b. During the course of Contractor's performance of the Work, the Contractor may be
required to maintain, store, process or control County Data. The Contractor represents and warrants that:
i. Contractor will take all reasonable precautions to maintain all County Data in a
secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted
firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware
containing County Data;
ii. Contractor’s collection, access, use, storage, disposal, and disclosure of County
Data shall comply with all applicable data protection laws, as well as all other applicable regulations and
directives;
iii. Contractor will notify County of any Security Incident as soon as practicable, but
no later than 24 hours after Contractor becomes aware of it;
iv. Contractor will provide information sufficient to satisfy County’s legal and
regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to
direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s
expense, and Contractor shall be liable for any resulting damages to County.
v. Where Contractor has been contracted to maintain, store or process personal
information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in
C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with
C.R.S §§ 24-73-101 et seq.; and
vi. Contractor will promptly return or destroy any County Data upon request from
the County Representative.
c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply
to any breach of the provisions of this Paragraph.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
CONSULTANT
EV Studio, LLC
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2
Principal Member, EV Studio, LLC
Dean Dalvit
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Eagle County Prof Services Final
EXHIBIT A
SCOPE OF SERVICES, SCHEDULE, FEES
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2
5335 W. 48th Ave. #300, Denver, CO 80212 PROPOSAL
303-670-7242 / www.evstudio.com
Agreement Between EVstudio and Client for Design Services – PROPOSAL
DATE: February 13, 2023
CLIENT: Eagle County
Tori Franks, Resiliency Director
tori.franks@eaglecounty.us
970-328-8775
EVstudio: EV Studio, LLC (EVstudio)
Dean Dalvit, Principal Member
Dean@evstudio.com
303-670-7242 X 14
5335 W. 48th Ave. #300, Denver, CO 80212
TITLES - The section headings used in the Agreement are intended principally for convenience and shall not be used in
interpreting the Agreement or in determining any of the rights or obligations of the parties to the Agreement.
ARTICLE 1 –PROJECT DESCRIPTION
PROJECT INFORMATION:
Project Name and/or address and/or legal description: Miller Ranch Road adjacent to Freedom Park in Edwards, CO
Site Dimensions/Area: As shown in Site Concept and Basis of Design on next page
Authority Having Jurisdiction (AHJ): Eagle County, CO
Existing / Proposed Zoning / Entitlements: To be provided by Owner
Building Setbacks / restrictions: To be provided by Owner
Proposed Use: Two triplexes, one duplex and three 4 unit stacked flats for a total of 20 units with all surface parking
Project/Contractor Procurement Method Assumed: Design with Pre-Construction Services provided by GC
Proposed Phasing: The Scope of Work for this Proposal and Agreement shall be for the housing only portion of the
overall project, which shall also include a commercial office building. The Scope of Work in this Agreement is limited only
to Architecture, Structural Engineering, and Mechanical/Electrical/Plumbing (MEP) Engineering for the non-modular
design scope for the buildings described above. The modular design scope shall be by separate Agreement held between
EVstudio and the Modular Manufacturer directly and is included in the modular costs for the project.
PROJECT DESCRIPTION:
Project shall be for two triplexes, one duplex and three 4-unit stacked flats (2 over 2) for a total of 20 units based on the
design specifications for Fading West Modules outlined in the November 4, 2022 Plans Library. The triplex and duplex
buildings shall be all 16’ wide Shavano units with covered front ground floor concrete porches and concrete side stoops
for end units. The stacked flats shall be 18’ wide Accessory Dwelling Unit models with covered ground floor concrete
porches and exterior stair access to the upper levels and horizontal and vertical fire separation between each unit.
Accessibility requirements shall be limited to meeting CRS Title 9 Article 5 with 12 required Accessibility points which shall
be achieved by providing visitable ground floor units for all of the ground floor units. Site Planning, Civil engineering, and
Landscape Design shall not be a part of this Scope and the Client’s Consultants shall coordinate all site grading, utilities,
landscape and amenities with the requirements of the modular buildings. The Site Planner for the project shall organize
the site, buildings, circulation and other design elements to ensure that all housing units can be constructed with no fire
rating requirements for exterior wall assemblies or protected fenestration. Rated roof overhangs are acceptable.
EXHIBIT A
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5335 W. 48th Ave. #300, Denver, CO 80212 PROPOSAL
303-670-7242 / www.evstudio.com
Site Concept and Basis of Design:
16’ Shavano Main Level 16’ Shavano Upper Level 18’ ADU
EXHIBIT A
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5335 W. 48th Ave. #300, Denver, CO 80212 PROPOSAL
303-670-7242 / www.evstudio.com
ARTICLE 2 – THE SCOPE OF SERVICES AND PHASING
2.1 BASIC DESIGN SERVICES - The Client and EVstudio have agreed to the list of Basic Services EVstudio
will provide to the Client, as defined herein. The Design services below are limited to the required
Architecture, Structural Engineering and Mechanical/Electrical/Plumbing (MEP) Engineering required for all
non-modular portions of the 20 residential units. Modular design scope shall be a separate Scope of Work
under agreement with the Modular Manufacturer (Fading West Building Systems). The Scope outlined in the
Design Phases below is intended to describe the entire design scope for both modular and non-modular
design scopes and deliverables as the two Scopes shall run concurrently and share many of the same
deliverables. However, only non-modular design scope shall apply for this Scope of Work as the modular
design scope shall be handled separately through direct agreements with the Modular Manufacturer.
2.2 PRE-DESIGN PHASE
For the Pre-design Phase of the project, EVstudio shall provide: Architecture with support from other EVstudio
disciplines.
A) EVstudio will review site plans as provided by the Client’s consultants for applicability with the proposed
modular housing product and provide feedback as appropriate to ensure compliance.
B) EVstudio will provide plans for the proposed buildings in the proper context for stakeholder review and
consultant coordination.
2.3 SCHEMATIC DESIGN (SD) PHASE
For the Schematic Design Phase of the Project, the EVstudio Design Team will include Architecture,
Structural Engineering, and Mechanical / Electrical / Plumbing (MEP) Engineering. The Schematic Design
drawings shall provide a level of detail, determined to be appropriate by EVstudio, for the following
deliverables:
A) The Architecture Scope of Work shall include:
Architectural design, Preliminary Code Analysis for the modular housing units, Schematic Floor Plans which
describe the quality and character of the buildings, Schematic Building Elevations, Coordination among the
disciplines and Project Team
B) The Structural Engineering Scope of Work shall include:
Preliminary guidance on the structural system and a structural narrative based on provided geotechnical
report as necessary to inform the architectural Schematic Design. As a Geotechnical Report has not yet
been provided, Design Scope and Fees assume a spread footing foundation. Design of alternative
foundation systems (such as piers) shall be handled as an Additional Service.
C) The Mechanical, Electrical and Plumbing Engineering (MEP) Scope of Work shall include:
Preliminary guidance and narrative for mechanical, electrical, and plumbing systems and strategies to
inform the architectural Schematic Design.
Notes:
a) The Client shall provide a geotechnical report for the site with borings in the general locations of the
proposed foundations in this phase. The Geotechnical report shall provide soils characteristics,
foundation design recommendations, groundwater information and below grade waterproofing design
and details or dewatering requirements.
b) Site power and lighting, Photometric studies, coordination with local dry utility providers, and design
for backup power generation is not included in this Scope of work but is available as an Additional
Service.
EXHIBIT A
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5335 W. 48th Ave. #300, Denver, CO 80212 PROPOSAL
303-670-7242 / www.evstudio.com
2.4 DESIGN DEVELOPMENT (DD) PHASE
For the Design Development phase of the project, EVstudio shall provide: Architecture, Structural
Engineering, and Mechanical / Electrical / Plumbing (MEP) Engineering. The Design Development
drawings shall provide a level of detail, determined to be appropriate by EVstudio, for the following
deliverables:
A) The Architecture Scope of Work shall include DD level completion of the following:
1. Cover Sheet
2. General Notes as required by the AHJ
3. Code Analysis
4. Building plans of each floor
5. Individual unit or space plans
6. Exterior elevations
7. Interior elevations for kitchens and baths
8. Building sections
9. Wall sections
10. Vertical control diagrams and stair sections where applicable
11. Architectural roof plan
12. Envelope RESCheck
13. Coordination among the disciplines and Project Team
B) The Structural Engineering Scope of Work shall include DD level completion of the following:
1. Foundation plans and details pursuant to the requirements set forth in the provided
geotechnical report and system selected by Client.
2. Floor Framing Plans for each module.
3. Ceiling Framing Plans for each module
4. Roof Framing Plans for each roof level.
5. Lateral Shear and wind-load Design
6. General Notes
7. Typical Construction details
C) Mechanical, Electrical and Plumbing (MEP) Engineering services shall include DD level completion of
the following:
1. Mechanical:
i. HVAC Load Calculations
ii. HVAC Ventilation Calculations (natural or mechanical)
iii. HVAC Floor Plans with preliminary duct layout
iv. HVAC Roof Plans
v. Typical HVAC Details
vi. HVAC Equipment Schedules and Specifications
2. Electrical:
i. Electrical Load Calculations
ii. Electrical Plans
iii. Lighting Plans based on Client’s lighting specifications
iv. One-Line Diagrams including utility metering
v. Electrical Specifications
3. Plumbing:
i. HW/CW Supply Calculations, Layout, and Sizing of Mains
ii. Sanitary Sewer Calculations, Layout, and Sizing of Mains; and Coordination with Civil
iii. Meter Layout
iv. Typical Plumbing Details
v. Plumbing Equipment Schedules and Specifications
EXHIBIT A
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2
Page 5 of 8
5335 W. 48th Ave. #300, Denver, CO 80212 PROPOSAL
303-670-7242 / www.evstudio.com
2.5 CONSTRUCTION DOCUMENTS (CD) PHASE
For the Construction Document phase of the project, EVstudio shall provide: Architecture, Structural
Engineering, and Mechanical / Electrical / Plumbing (MEP) Engineering. The Construction Document
drawings shall provide a level of detail, determined to be appropriate by EVstudio, for the following
deliverables:
A) The Architecture Scope of Work shall include:
1. Cover Sheet
2. General Notes and abbreviations
3. Code Summary
4. Wall, Floor and Roof Assemblies
5. Fire Rated Assembly Details
6. Architectural Floor Plans and Roof Plan
7. Architectural Building Elevations
8. Architectural Building Sections
9. Architectural Wall Sections
10. Stair Plans with Sections and Details
11. Door and Hardware Schedules
12. Window Schedules
13. Architectural Details
14. Specifications as outlined below
15. Internal Technical Review of Architectural Plans and Specifications
B) The Structural Engineering Scope of Work shall include:
1. Engineered Foundation plans and details pursuant to the requirements set forth in the
provided geotechnical report.
2. Engineered Floor Framing Plans for each module.
3. Engineered Ceiling Framing Plans for each module
4. Engineered Roof Framing Plans for each roof level.
5. Lateral Shear and wind-load Design
6. General Notes
7. Construction details as required to ensure quality construction and reduce Client risk
8. Coordination with the work of separately engineered manufactured systems (Pre-engineered
trusses or Prefabricated steel components) for shop drawing review.
9. Calculation package
10. Specifications as outlined below
11. Internal Technical Review of Structural Plans and Specifications
C) Mechanical, Electrical and Plumbing (MEP) Engineering services shall include:
1. Mechanical:
i. HVAC Load Calculations
ii. HVAC Ventilation Calculations (natural or mechanical)
iii. HVAC Floor Plans – Ductwork Layouts
iv. HVAC Details to correspond and compliment HVAC design
v. HVAC Equipment Schedules and Specifications
2. Electrical:
i. Electrical Load Calculations
ii. Electrical Plans including Lighting, Switching, and Receptacle Layouts
iii. Panel Schedules
iv. One-Line Diagrams including utility metering
v. Fault Current Calculations
vi. Electrical Specifications
vii. Electrical Comcheck documentation
EXHIBIT A
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2
Page 6 of 8
5335 W. 48th Ave. #300, Denver, CO 80212 PROPOSAL
303-670-7242 / www.evstudio.com
3. Plumbing:
i. HW/CW Supply Calculations, Layout, and Sizing
ii. Sanitary Sewer Calculations, Layout, and Sizing; and Coordination with Civil
iii. Sanitary Isometric Drawings
iv. Meter Layout
v. Plumbing Details to correspond to and compliment plumbing design
vi. Plumbing Equipment Schedules and Specifications
4. Specifications for MEP as outlined below
5. Internal Technical Review of MEP Plans and Specifications
Notes:
If fire protection design for a building sprinkler system and/or fire alarm system is required, these scopes
of work shall be design/build items by the manufacturer and/or general contractor and therefore are not
part of this scope but may be provided separately as an Additional Service.
D) SPECIFICATIONS – EVstudio shall provide, as a part of this scope of work, Specifications for each
design discipline engaged in the Scope of Work as follows:
Sheet Specifications: A short form specification that may be placed on sheets in the drawings set.
The Client may provide additional or more detailed specifications for inclusion into the Construction
Documents. The Client may elect to bring in a third-party Specifications Writer for the consultation or
completion of the specifications for the project. A Specification Writer may be the Client’s direct
consultant or may be handled through EVstudio as a reimbursable expense as agreed in writing
between Client and EVstudio.
2.6 PERMIT PHASE
2.6.1 BIDDING, NEGOTIATION AND CONTRACTOR SELECTION
The Procurement method for this project shall be Negotiated Contract with a GC providing Pre-Construction
Services. As such, traditional Bidding and Negotiation services are not a part of the Scope of Work but
EVstudio shall assist in Contractor selection and provide their professional opinion on Contractor
qualifications. Additional Bidding or Negotiation services are available as an Additional Service upon request.
2.6.2 PERMITTING
EVstudio shall support the permit documents throughout both State and Local permitting processes for the
modular and non-modular Scope of Work, including plan review comments, coordination with plans reviewers
at each agency and document revisions and supplementary information as may be required to obtain all
required permits for the project.
2.7 CONSTRUCTION ADMINISTRATION (CA) PHASE
2.7.1 CONSTRUCTION ADMINISTRATION PHASE BASIC SERVICES
For the Construction Administration Phase of the project, EVstudio shall provide: Architecture, Structural
Engineering, and Mechanical / Electrical / Plumbing (MEP) Engineering.
A) Architectural services shall include:
1. Responses to Architectural RFIs and Submittals.
2. Submittal and Shop Drawing reviews.
3. Preparation of ASI and CCD documentation as necessary.
4. Architect, Client and Contractor meetings by conference call or teleconference monthly during
construction.
B) Structural Engineering services shall include:
1. Responses to Structural RFIs and Submittals.
2. Submittal and Shop Drawing reviews.
EXHIBIT A
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2
Page 7 of 8
5335 W. 48th Ave. #300, Denver, CO 80212 PROPOSAL
303-670-7242 / www.evstudio.com
C) Mechanical, Electrical and Plumbing (MEP) Engineering services shall include:
1. Responses to MEP RFIs and Submittals.
2. Submittal and Shop Drawing reviews.
D) Civil Engineering and Landscape Architecture CA services shall include:
1. Responses to RFIs and Submittals.
2. Submittal and Shop Drawing reviews.
Notes:
a) Jobsite meetings, observations or inspections, including travel time and expenses, are not a part of
the base Scope of Work, but are available as an Additional Service.
b) It is possible that structural shoring and/or temporary bracing may be required during construction,
however this scope is expected to be provided by the contractor. If structural design for any shoring or
temporary bracing is required, it is not part of this scope but may be provided separately by EVstudio
as an Additional Service.
ARTICLE 3 – THE PROJECT SCHEDULE
3.1 A complete schedule shall be provided following the Pre-Design Phase and is generally outlined below. Design of
the non-modular portions of the buildings shall be executed at the same time as the modular design for the
buildings and in accordance with the modular factory production schedule. General timeframes for each Design
Phase are as outlined below, however, may be longer or shorter as the project warrants.
The Client's anticipated construction schedule for the project is as follows:
Date for Commencement of Design: Upon Execution of this Agreement
Date for Commencement of Construction: to be determined
Date for Substantial Completion of Construction : to be determined
A) PRE-DESIGN PHASE: Deliverables for the Pre-Design phase shall be delivered within 30 days of commencing
the project, receipt of Client Deliverables and mutual execution of this agreement. The Pre-Application process
shall be administered by the Client and the schedule is subject to Client and AHJ’s Process.
B) SCHEMATIC DESIGN PHASE: The SD Phase will commence after completion of the Pre-Design Phase and
upon direction to proceed by the Client with all invoices paid in full. The expected duration of this phase will be 1-
2 months depending on sequence of Client review, approval, and consultant response times. Site approvals
processes shall be administered by the Client and the schedule is subject to Client and AHJ’s Process.
C) DESIGN DEVELOPMENT PHASE: The DD Phase will commence after completion of the Schematic Design
Phase and upon direction to proceed by the Client with all invoices paid in full. The expected duration of this
phase will be 1-2 months depending on sequence of Client review, approval, and consultant response times.
D) CONSTRUCTION DOCUMENTS PHASE: The CD Phase will commence after completion of the Design
Development Phase and upon direction to proceed by the Client with all invoices paid in full. The expected
duration of this phase will be 1-2 months depending on sequence of Client review, approval, and consultant
response times.
E) PERMIT PHASE: For the purposes of this Proposal, the Permit Phase assumes an approximate 2 month duration
for approvals each for modular and non-modular design, which may partially overlap depending on AHJ
allowances. Actual duration shall be subject to review and response times of the Client, Contractor and the AHJ
and may be longer or shorter than the assumed duration outlined in this Proposal.
F) CONSTRUCTION ADMINISTRATION PHASE: For the purposes of this Proposal, the CA Phase assumes an
approximate 6 month construction duration. Actual construction duration shall be under the complete control and
direction of the Contractor and may be longer or shorter than the assumed duration outlined in this Proposal.
EXHIBIT A
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2
Page 8 of 8
5335 W. 48th Ave. #300, Denver, CO 80212 PROPOSAL
303-670-7242 / www.evstudio.com
ARTICLE 4 – COMPENSATION TO EVSTUDIO
4.1 The Fees for the Design Services described herein are as shown by Phase below and shall be broken down
further by Discipline upon completion of full schedule following the Pre-Design Phase. The fees quoted herein may be
subject to change if this contract is not executed within 30 (thirty) days or if there is change in the scope of work as
described herein.
A) PRE-DESIGN PHASE: $1900
B) SCHEMATIC DESIGN PHASE: $5800
C) DESIGN DEVELOPMENT PHASE: $8700
D) CONSTRUCTION DOCUMENTS PHASE: $7800
E) PERMIT PHASE: $3700
F) CONSTRUCTION ADMINISTRATION PHASE: Hourly with an estimate of approximately 15% of design costs
(Approximately $4,900). Should the actual construction period be longer than the CA Phase schedule outlined in
section 3.1, hourly Additional Services shall apply until certificate of substantial completion is obtained for the
entire project and all CA responsibilities have been completed.
G) REIMBURSABLE EXPENSES: $500
4.2 INITIAL PAYMENT - The Client shall make an Initial Payment of one thousand dollars ($1,000.00), upon
execution of this Agreement. Upon receipt of this Initial Payment, EVstudio shall commence services as provided
for under this Agreement.
EXHIBIT A
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2
12
Eagle County Prof Services Final
EXHIBIT B
Insurance Certificate
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
1/19/2023
Van Oppen &Co.2,Inc.
VOCO 2 Insurance &Risk Control Services
P.O.Box 793
Teton Village WY 83025
Brenda Todd
800-746-0048
service@vanoppenco2.com
Hartford Casualty Insurance Company 29424
EVSTU-1 Sentinel Insurance Company Ltd 11000EVStudio,LLC
5335 W 48th Avenue #300
Denver CO 80212
Nutmeg Insurance Company 39608
Endurance American Specialty Insurance Company 41718
324441528
A X 2,000,000
X 300,000
10,000
2,000,000
4,000,000
X
Y Y 34SBAAC4302 4/1/2022 4/1/2023
4,000,000
C 1,000,000
X
X X
Y Y 34UECAC0099 4/27/2022 4/1/2023
B XY34WECAR9JVN4/1/2022 4/1/2023
1,000,000
1,000,000
1,000,000
D Professional Liability
"Claims Made"DPL30021157000 6/19/2022 6/19/2023 Each Claim
Aggregate
3,000,000
4,000,000
RE:Miller Ranch Road adjacent to Freedom Park in Edwards,CO
Eagle County is included as an Additional insured on the General Liability as per written contract.Coverage is Primary and Non-Contributory and a Waiver of
Subrogation applies per written contract.
Eagle County
PO Box 850
Eagle CO 81631
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2
001 (CONTINUED ON NEXT PAGE)
03/30/22 04/01/23
02
43
AC
SBA
HARTFORD CASUALTY INSURANCE COMPANY
ONE HARTFORD PLAZA, HARTFORD, CT 06155
3
34 SBA AC4302 SC
EV STUDIO LLC
SEE FORM SS 12 35
5335 W 48TH AVE
DENVER CO 80212
04/01/22 04/01/23 1 YEAR
VAN OPPEN & CO 2 INC
360498
34 SBA PR1684
LIMITED LIAB CORP
NON-AUDITABLE
SPECIAL
TOTALANNUALPREMIUMIS:$
INRECOGNITIONOFTHEMULTIPLECOVERAGESINSUREDWITHTHEHARTFORD,YOUR
POLICYPREMIUMINCLUDESANACCOUNTCREDIT.
03/30/22
Form SS 00 02 12 06 Page
Process Date:Policy Expiration Date:
This Spectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any
other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the stock
insurance company of The Hartford Insurance Group shown below.
INSURER:
COMPANY CODE:
Policy Number:
SPECTRUM POLICY DECLARATIONS
Named Insured and Mailing Address:
(No., Street, Town, State, Zip Code)
Policy Period:From To
12:01 a.m., Standard time at your mailing address shown above.Exception:12 noon in New Hampshire.
Name of Agent/Broker:
Code:
Previous Policy Number:
Named Insured is:
Audit Period:
Type of Property Coverage:
Insurance Provided:In return for the payment of the premium and subject to all of the terms of this policy, we
agree with you to provide insurance as stated in this policy.
____________________________________________________________________________________________________________________
______________________________________________________________________________________________
Countersigned by
Authorized Representative Date
DocuSign Envelope ID: DB16C4B4-CEFA-485E-A49C-162B1947EAA2