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HomeMy WebLinkAboutC08-042 Menendez Architects AgreementAGREEMENT BETWEEN MENENDEZ ARCHITECTS AND EAGLE COUNTY FOR THE DESIGN OF THE EAGLE COUNTY TRANSIT LEADVILLE BUS FACILITY This Consulting Agreement ("Agreement") dated as of this 19`" day of February, 2008, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County) Commissioners ("County"), and Menendez Architects P.C., an architectural and engineering design firm with a principal place of business in Aspen, Colorado, with a mailing address of 715 W Main St Ste 104, Aspen, CO 81611-1659 ("Consultant"). WHEREAS, the County is in need of a consultant to provide the services outlined in Section 1.1 hereunder: and WHEREAS, Consultant has represented that it has the experience and knowledge in the subject matter necessary to carry out the services outlined in Section 1.1 hereunder; and WHEREAS, County wishes to hire Consultant to perform the tasks associated with such services outlined in Section 1.1 hereunder; and WHEREAS, County and Consultant intend by this Agreement to set forth the scope of the responsibilities of the Consultant in connection with the services and related terms and conditions to govern the relationship between Consultant and County in connection with the services. NOW, THEREFORE, based upon the representations by Consultant set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Services Provided: 1.1 The Consultant will provide the architectural and engineering services for the design of the Eagle County Transit Bus Facility in Leadville as more particularly set forth in Consultant's Proposal, attached hereto as Exhibit "A," and Architect's Work Outline, attached hereto as Exhibit "B," both of which are incorporated herein by this reference (hereinafter called "Services"). 1.2 The Consultant agrees that Consultant will not enter into any consulting arrangements with third parties that will conflict in any manner with the Services. 1.3 Consultant has given the County a proposal for performing the Services and represented that it has the expertise and personnel necessary to properly and timely perform the Services. 2. Term of Agreement: 2.1 This Agreement shall commence upon execution of this Agreement, and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect through the completion of the Services to be provided hereunder. 2.2 This Agreement may be terminated by either party for any other reason at any time, with or without cause, and without penalty whatsoever therefore. 2.3 In the event of any termination of this Agreements Consultant shall be compensated for all hours of work then satisfactorily completed, plus pre-approved expenses. 3. Independent Contractor: 3.1 With respect to the provision of the Consulting Services hereunder. Consultant acknowledges that Consultant is an independent contractor providing Consulting Services to the County. Nothing in this Agreement shall be deemed to make Consultant or its agents, employees and consultants an agent, employee, partner or representative of County, 3.2 The Consultant shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of Eagle County Commissioners. 3.3 The Consultant will maintain general liability, unemployment and workman's compensation insurance on his/her behalf, as necessary. 4. Remuneration: 4.1 For the Consulting Services provided hereunder, County shall pay to the Consultant according to the fee schedule set forth in Exhibit "A." Fees for Services satisfactorily performed will be paid within thirty (30) days of receipt of a proper and accurate invoice from Consultant respecting Consulting Services. The invoice shall include a description of services performed. Upon request, Consultant shall provide County with such other supporting information as County may request. 4.2 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 4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Consultant in excess of the amount for any work done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 5. Ownership of Documents: Documents (including electronic files) which are obtained during or prepared for approval of the County during the performance of the Services (such as the preliminary schematic design, the design development documents, and construction documents) shall remain the property of the County and are to be delivered to County upon request, before final payment is made to Consultant, or upon earlier termination of this Agreement. County shall not be deemed the owner of said documents until payment has been received by Consultant. County acknowledges that use of the documents prepared under this agreement should be used for the project for which they were prepared only. Consultant may use ideas and drawings prepared during the performance of Services for other projects, as appropriate. County further acknowledges that use of documents which are not stamped "final construction documents" will be at county's sole risk and without liability to Consultant. Furthermore, reuse or modification of any such documents by County, without Consultant's written permission, shall be at County's sole risk. 6. Indemnification: Within the limits allowed by law, Consultant shall indemnify County for, and hold the County and its officials, boards, officers, principals and employees harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims in connection with the negligent acts or omissions of the Consultant in performing the Services. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Consultant. 7. Consultant's Professional Level of Care: Consultant shall be responsible for the completeness and accuracy of the Consulting Services, including all supporting data and 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 Consulting Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Consulting Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to consultants, with respect to similar services, in this area at this time. 8. No Assignment: The parties to this Agreement recognize that the Consulting Services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement County is relying upon the professional services and reputation of Consultant and its approved subcontractors. Therefore, neither Consultant nor its subcontractors may assign its interest in this Agreement or in its subcontract, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 9. Notices• 9.1 Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, facsimile or U.S. Mail to the other party at the following addresses: (a) Valerie Hays Eagle County Project Manager 590 Broadway P.O. Box 850 Eagle, CO 81631 (970) 328-8881 (p) (970) 328-8899(f) (b) Luis Menendez President, Menendez Architects P.C. 715 W Main St Ste 104 Aspen, CO 81611-1659 (970) 544-4851 9.2 Notices shall be deemed given on the date of delivery; on the date the facsimile is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 10. Jurisdiction and Confidentiality: 10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 10.2 The Consultant and County acknowledge that, during the term of this Agreement and in the course of the Consultant rendering the Consulting Services, the Consultant may acquire knowledge of the business operations of County to the point that the general method of doing business, the pricing of products the lists of customers and other aspects of the business affairs of County will become generally known and the Consultant shall not disclose, use. publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any knowledge, information or facts concerning any of the past or then business operations, pricing or sales data of County and shall retain all knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of County, its successors and assigns during the term of this Agreement and for a period of five (5) years following the termination of this Agreement. 11. Provision Mandated by House Bi111343: Prohibitions on Public Contract for Services 11.1 The Consultant shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 11.2 The Consultant shall confirm or attempt to confirm through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Consultant does not employ any illegal aliens. If the Consultant is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Consultant shall apply to participate in the Program every three months until the Consultant is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https://www.vis-dhs.com\emplo e~rre~istration 11.3 The Consultant shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 11.4 If the Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: i. Notify the subcontractor and the County within three days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 11.5 The Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. 11.6 If a Consultant violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Consultant shall be liable for actual and consequential damages to the County. 12. Miscellaneous: 12.1 This Agreement constitutes the entire Agreement between the parties related to its subject manor. It supersedes all prior proposals, agreements and understandings. 12.2 This Agreement is personal to the Consultant and may not be assigned by Consultant. 12.3 This Agreement dues not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO b u of Y g County Comr~iss~ n~ ~ s e _ /, By: ~~w ~- Peter F. Runyon, ATTE T: cQ ~`~ c~ S •t Teak J. Simon n, * t paa* Clerk to the Board of County Co ners MENENDEZ By: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me by of , 2008. My commission expires: P.C. President this day Notary Public PROPOSAL ECO Transit Leadville Bus Storage Facility 1 Project Data• 1.1 This Proposal is based on the preliminary design prepared by Menendez Architects P.C. for the zone change request approved by the City of Leadville. 1.2 The proposed facility is expected to consist of approximately a 4,600 square foot single story, prefabricated steel, or wood, building for storage of six buses (in tandem). 1.3 The term "Owner" is used to denote Eagle County ("County"). 2 Scone of Worlt/Basic Services: 2.1 Architectural Services -Menendez Architects P.C. proposes to provide full architectural services including Design, Construction Documents and Construction Phase Administration of the Construction Contract as described in this Proposal and the attached Architect's Work Outline (Exhibit "B"). 2.2 Structural Engineering Services -Menendez Architects P.C. proposes to provide normal structural engineering services assuming soils conditions suitable to using a conventional spread footing foundation system and as described in the Work Outline. 2.3 1VI/E/P Engineering Services -Menendez Architects P.C. proposes to provide normal mechanical, electrical and plumbing engineering services as described in the Work Outline. It is assumed the property is served by utilities (electric, gas, water, telephone). 2.4 Civil Engineering Services -Menendez Architects P.C. proposes to provide normal civil engineering services consisting of site design, grading and drainage plan and utility plan as described in the Work Outline. 2.5 Coordination of Additional Consultants - Menendez Architects P.C. proposes to coordinate/interface with additional consultants that may be retained by Eagle County. 3 Additional Services: 3.1 Additional Services, as described in this Article, are not included in this Scope of Work. Services deemed Additional Services shall be paid for by the Owner as provided in Sections 6.4 and 6.5 of this Proposal. Additional Services shall be provided only if authorized by and confirmed in writing by the Owner. 3.2 The following shall be deemed Additional Services: a. Making revisions in drawings, specifications or other documents when such revisions are: i. Inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or project budget. ii. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents. iii. Due to changes required as a result of the Owner's failure to render decisions in a timely manner. Menendez Architects P.C. 1 of 5 PROPOSAL ECO Transit Leadville Bus Storage Facility b. Providing services required because of significant changes in the project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. c. Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. d. Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. e. Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. f. Providing services made necessary by the default of the General Contractor, by major defects or deficiencies in the Work of the General Contractor, or by failure of performance of either the Owner or General Contractor under the Contract for Construction. g. Providing services in evaluating an unreasonable number of claims submitted by the Contractor or others in connection with the Work. h. Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the General Contractor to the Architect. i. Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as part of Basic Services. j. Providing any other services not otherwise included in this Proposal or not customarily furnished in accordance with generally accepted architectural practice. 4 Owner's Responsibilities 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. Menendez Architects P.C. 2of5 PROPOSAL ECO Transit Leadville Bus Storage Facility 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; flood lines; rights-of- way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those provided by Architect under this Proposal when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner is responsible for providing necessary structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 5 Construction Cost: 5.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable Menendez Architects P.C. 3 of 5 PROPOSAL ECO Transit Leadville Bus Storage Facility allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 53 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of--way and financing or other costs that are the responsibility of the Owner as provided in Article 4. 5.4 It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimates of Construction Cost or evaluation prepared or agreed to by the Architect. 5.5 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget. 5.6 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 6 Comnensation• 6.1 Basic Service Fees -The Basic Service Fees outlined herein are Net Fees for Architectural and the Core A/E Team (structural, MB/P, and Civil), and include the coordination of, but not the fees of, other consultants. Basic Compensation for Basic Services for architectural, structural, mechanical, electrical, plumbing, civil and life safety services shall be a stipulated sum of seventy eight thousand dollars ($78,000.00.) 6.2 Reimbursable Expenses - In addition to the Basic Service Fees, the Architect shall be reimbursed 1.1 times the actual cost for the following out-of-pocket expenses, actual and necessarily incurred: a Transportation and living expenses in connection with out-of--town travel as authorized by the Owner. b. Mileage, at the rate of $.60 per mile. b. Long distance communications, fax, mail, as well as messengers and courier services. c. Expenses of printing, photography and other forms of reproductions of drawings and documents. d. Fees paid for all necessary approvals and permits from all governing authorities. e. Expenses of models and mock-ups requested by the Owner. f. Renderings requested by the Owner. 6.3 Basis of Compensation -Compensation is based on a stipulated sum as outlined in Section 6.1. Progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Menendez Architects P.C. 4of5 PROPOSAL ECO Transit Leadville Bus Storage Facility Design Phase: Construction Documents Phase Bidding or Negotiation Phase: Construction Phase: Total Basic Compensation Thirty-Five percent (35%) Forty-Five percent (45%) Five percent (OS%) Fifteen percent 15% One-Hundred percent (100% 6.4 Compensation for Additional Services of the Architect -For additional services of the Architect, compensation shall be based on a Time and Materials basis at the same rates in effect in the 2008 General Services Agreement between Eagle County and Menendez Architects PC. 6.5 Compensation for Additional Services of Consultants -For additional services of Consultants, compensation shall be a multiple of one and one tenth (1.1) times the amounts billed to the Architect for such services. 6.6 Additional Provisions -The rates and multiples set forth in the General Services Agreement for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. 7 Schedule 7.1 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. 7.2 Not including allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project, Architect requires four (4) weeks to complete the Design phase of the Project and ten (10) weeks to complete the Construction Documents phase. Menendez Architects P.C. 5 of 5 ARCHITECT'S WORK OUTLINE ECO Transit Leadville Bus Storage Facility Pre-Desi~n• • Identify Owner's team personnel and roles with assistance of Owner. • Submit project questionnaire to Owner. • Determine Owner's time schedule for bidding and occupancy. • Select and organize consultants, including structural, mechanical, electrical and civil. Prepare a project schedule based on the project objectives. Code analysis (Zoning, Building, Fire, Health). Identify applicable codes, regulations and ordinances that pertain to this project. Occupancy and Construction Type classifications Building location set backs and exterior wall requirements Height limits and allowable number of stories Fire exit requirements Ventilation, energy and health requirements Construction systems, materials, and engineering requirements ADA requirements Site Analysis: • Obtain site survey from Owner with all pertinent information. • Review the topographic and boundary survey. Check major features through on- site observation. • Determine zoning requirements. • Secure photographs showing major site features and surrounding influences. • Determine drainage, erosion control and storm water detention requirements. • Obtain consultant site data requirements. • Assist the Owner in securing necessary soil and related site tests and required investigations. • Review availability, quantity and quality of existing site utilities. Schematic Design: • Review all data furnished by Owner including building design program, project budget, legal, site, code, environmental, space and special Owner requirements. • Ascertain the requirements of the project. • Prepare functional space plans. • Analyze comparative systems with engineers and consultants; select systems to be used in the project. Determine system space and location requirements. • Obtain lists of special building equipment and fixtures required by the Owner that may affect consultants' work; distribute the lists to appropriate consultants. • Review architectural schematic diagrams with consultants. Conduct one or more consultant coordination meetings regarding system compatibility. • Confirm that the selected engineering and construction systems are compatible with one another. • Prepare basic Schematic Design documents to include: Site Plan with diagrammatic indications showing horizontal relationships. Sections through the site showing vertical relationships. Menendez Architects P.C. 1 of 4 ARCHITECT'S WORK OUTLINE ECO Transit Leadville Bus Storage Facility Principal floor plans. General descriptive views or elevations. • Calculate floor areas. • Begin research on materials, equipment, fixtures and building systems. • Present Schematic Design documents to Owner. • After presentation, evaluate changes and comments. • Document revisions to scope of the work and review with the Owner. • Obtain Owner's written approval of Schematic Design documents and authority to proceed to the Design Development phase. Design Development: • Review and update schedule of completion dates for this and all subsequent phases. Inform the project team and Owner of any revisions. • As documents develop, confer with and obtain preliminary review from regulatory agencies such a.s: Zoning Department Building Department Fire Marshal Health Department • Review the building design program and verify compliance. • Receive results of all investigations and tests, including soil borings and analysis. If necessary, request additional information. Forward fmal information to appropriate consultants. • Prepare Site Plan indicating building location(s) and site improvements. • Prepare architectural Design Development documents to include: Floor Plans Exterior Elevations Building Sections Notes • Prepare structural, mechanical and electrical design documents as required to illustrate and describe the engineering portions of the work. • Prepare area calculations. • Present Design Development documents to Owner. • Obtain Owner's written approval of Design Development documents and authority to proceed to the Construction Documents phase. Construction Documents: • Review and update schedule of completion dates for this and all subsequent phases. Inform the project team and Owner of any revisions. • Coordinate the work of all consultants and team members. • Re-check Design Development documents for code compliance. • Prepare Construction Documents consisting of drawings and specifications setting forth in detail the architectural, civil, structural, mechanical, and electrical requirements for the construction of the project. Menendez Architects P.C. 2 of 4 ARCHITECT'S WORK OUTLINE ECO Transit Leadville Bus Storage Facility Assist the Owner in the preparation of the necessary bidding information and bidding forms. Assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the project. Obtain Owner's written authorization to proceed to the Bidding or Negotiation phase. Biddine or Negotiation: • Consult with Owner's legal counsel on the existence of any special laws regarding the bidding process and forms of agreement. • Review qualification statements from interested bidders. • If the construction contract is based on negotiation, assist the Owner in negotiating with prospective Contractor. • Assist Owner with apre-bid conference if necessary. • Record responses to bidder's requests for clarification in the form of a written addendum distributed to all bidders. • Evaluate proposed substitutions and requests for product approval; notify bidders of accepted substitutions by addendum. • Assist the Owner in the analysis of bids; check bids for irregularities. • Advise Owner on selection of alternates and obtain Owner' approval. • Assist the Owner in the process of acceptance or rejection of bids. • Provide the Contractor with all necessary contract documents. Construction Contract Administration: • Review unresolved issues from Bidding or Negotiation phase. • Develop and implement a system of routing and distribution for project correspondence and submittals. • With the Owner, review and approve or take other appropriate action on Contractor's list of subcontractors and suppliers. • Obtain and review Contractor's submittal schedule. • Participate in the preconstruction meeting. • Establish site observation and project meeting schedules. • Review construction budget with the Owner. • Visit the site per the site observation schedule for the following (but not to make exhaustive or continuous on-site inspections to check the quality or quantity of the work): To become generally familiar with the progress and quality of the work completed. To determine in general if the work is being performed in accordance with the contract documents. • Keep Owner informed on the progress of the work. Prepare a field report for each visit to the site. • Obtain and review the Contractor's updated progress schedule. Menendez Architects P.C. 3 of 4 ARCHITECT'S WORK OUTLINE ECp Transit Leadville Bus Storage Facility • Prior to the first application for payment, receive and review Contractor's schedule of values. • Receive and review the Contractor's applications for payment; respond appropriately. • Obtain and review required test reports. • Receive submittals; review, take appropriate action, and return to the Contractor. • Maintain submittal log. • Review Contractor's proposed cost for changes and respond appropriately. • Receive from the Contractor notification of substantial completion and list of items to be completed or corrected. • Inspect the project for substantial completion. • Respond to the Contractor's punch list of remaining work to be repaired or completed. • When the project is judged to be substantially complete, prepare a Certificate of Substantial Completion. • If reproducible record drawings are required, provide the Contractor with appropriate media. • Request that the Contractor submit project close-out documents. • Review the close-out submittals for completeness. • Review the Contractor's request for final inspection and conduct a field inspection of the project to confirm completion. • Prepare a final inspection report. • Review the Contractor's application for final payment, including required attachments such as waivers of lien and consent of surety documentation. Menendez Architects P.C. 4 of 4