HomeMy WebLinkAboutC23-171 EV Studio_first amendmentFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EV STUDIO, LLC THIS FIRST AMENDMENT (“First Amendment”) is effective as of ________________ by and between EV Studio, LLC, a Colorado Limited Liability Company (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 15th day of February, 2023, 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 $34,300.00; and WHEREAS, the County desires to alter the scope of Services performed by Consultant, but maintain the previously agreed upon compensation, and Consultant is willing to alter the Services in consideration of the previously agreed upon compensation. 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 the alternative Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. The compensation for the Services set forth in Exhibit 1 shall not exceed $34,300.00, for a total maximum compensation under the Original Agreement and this First Amendment of $34,300.00. 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: 715EFEE3-38AD-4E04-B7BA-81627663F1F2 5/18/2023 2 Eagle County Amend Scope 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: ______________________________ Jeff Shroll, County Manager CONSULTANT EV STUDIO, LLC By: _____________________________________ Print Name: Dean Dalvit Title: Principal Member, EV Studio, LLC DocuSign Envelope ID: 715EFEE3-38AD-4E04-B7BA-81627663F1F2 3 Eagle County Amend Scope EXHIBIT 1 DocuSign Envelope ID: 715EFEE3-38AD-4E04-B7BA-81627663F1F2 5335 W. 48th Avenue, Ste #300 303.670.7242 ph design@evstudio.com Denver, Colorado 80212 303.679.1862 fax www.evstudio.com Addendum 1 to the Agreement Between EVstudio and CLIENT, LLC Agreement Between EVstudio and Client for Design Services – PROPOSAL DATE: 05/05/2023 CLIENT: Eagle County Tori Franks, Resiliency Director tori.franks@eaglecounty.us 970-328-8775 EVstudio: EV Studio, LLC 5335 W. 48TH Ave, Suite 300 Denver, CO 80212 303-670-7242 PROJECT: Project Name: Freedom Park, Eagle County Project Location: Miller Ranch Road adjacent to Freedom Park in Edwards, CO Original 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. TITLES - The section headings used in this Agreement are intended principally for convenience and shall not be used in interpreting this Agreement or in determining any of the rights or obligations of the parties to this Agreement. Revision of Scope Within Agreement AUTHORIZATION OF REVISION OF SERVICES - In conformance with and as part of the existing “Agreement Between EVstudio and Client for Design Services - Proposal“ EVstudio is hereby authorized by the Owner or Owner’s Representative to perform services in addition to the Basic Services described in the Agreement between The Architect and The Owner for the Design of the Project. These changes occur due to a change of site programing by external architect after agreement was completed and executed. The AE Design team’s Revised Scope of Services will include the following: Revision of Design Scope, Per new Site Plan ■ Removal of previous (3) build types, replacement of (3) new building types. 1) Quadplex of 16-foot Antero’s with garages below 2) Quadplex of (2) units stacked over (2) units, 18-foot Accessory Dwelling Units, with storage space below 3) Quadplex of (2) units stacked over (2) units, 18-foot Accessory Dwelling Units over crawlspace ■ Scope of this agreement still remains for non-modular portion of work, including foundation design, roof design, exterior deck design, and exterior cladding. This excludes Modular scope, which is to be held under separate agreement. DocuSign Envelope ID: 715EFEE3-38AD-4E04-B7BA-81627663F1F2 5335 W. 48th Avenue, Ste #300 303.670.7242 ph design@evstudio.com Denver, Colorado 80212 303.679.1862 fax www.evstudio.com Site Concept and Basis of Design: Provided by: Mendez Architects and Dated 3/27/2023 16’ Shavano Main Level 16’ Shavano Upper Level 18’ ADU DocuSign Envelope ID: 715EFEE3-38AD-4E04-B7BA-81627663F1F2 5335 W. 48th Avenue, Ste #300 303.670.7242 ph design@evstudio.com Denver, Colorado 80212 303.679.1862 fax www.evstudio.com Specifications of Scope Each of the three buildings shall have the following specifications: ■Building Type 1: · Rear wood framed drip through deck · Garages beneath the units with individual rated demising ■ Building Type 2: · Level 2 wood framed drip through deck for exterior access · Full height basement with lower level access ■ Building Type 3: · Level 2 wood framed drip through decks for exterior access · Crawl space foundation ■ All units shall provide ground level visitable access per CSR Title IX, Article 5 ■ All units are to be cladded on-site to be similar to the character of the main office building, designed by others ■ All units shall be roofed on-site to be similar to the character of the main office building, designed by others EXCLUDED SERVICES - Services not set forth in the Basic Services described in the existing Agreement between The Architect and The Owner for the Design of the Project, dated 02/13/2023 or described above are specifically excluded from the scope of the Architect's Services. The Architect assumes no responsibility to perform any services not specifically listed in the Basic Services described in the existing Agreement between The Architect and The Owner for the Design of the Project or in this agreement. COMPENSATION TO THE ARCHITECT FOR REVISION OF SERVICES No additional fees were assessed for this change as fees are effectively the same with this program. This Agreement entered into as of the day and year first written above ______________________________________________________ Alexander L Walz Date 05/05/2023 Architectural Project Designer, EV Studio, LLC ______________________________________________________ Jeff Shroll, Date County Manager, Eagle County DocuSign Envelope ID: 715EFEE3-38AD-4E04-B7BA-81627663F1F2