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Home My WebLink AboutC16-046 Menendez Sixth AmendmentSIXTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MENENDEZ ARCHITECTS, P.C. THIS SIXTH AMENDMENT ( "Sixth Amendment ") is dated this, 16_ day of February , 2016 by and between Menendez Architects, P.C., an architectural and engineering design firm (hereinafter "Consultant ") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). County and Consultant will collectively be referred to herein as the "Parties." RECITALS WHEREAS, County and Consultant entered into an agreement dated April 13, 2010, for certain Services (the "Original Agreement "); and WHEREAS, the Original Agreement had a term of one year; and WHEREAS, in a First Amendment dated May 31, 2011, the Parties agreed to extend the term of the Original Agreement to expire on April 13, 2012; and WHEREAS, in a Second Amendment dated April 30, 2012, the Parties agreed to extend the term of the Original Agreement to expire on December 31, 2013; and WHEREAS, in a Third Amendment dated March 17, 2014 (and effective as of January 1, 2014), the Parties agreed to extend the term of the Original Agreement to expire on December 31, 2014 and established a not to exceed amount of $50,000 for the term beginning on January 1, 2014 and ending on December 31, 2014; and WHEREAS, in a Fourth Amendment dated June 24, 2014, the Parties agreed to increase the total compensation from $50,000 to $100,000 for the period beginning on January 1, 2014 and ending on December 31, 2014; and WHEREAS, in a Fifth Amendment dated December 9, 2014, the Parties agreed to extend the term of the Original Agreement to expire on December 31, 2015 and increase the total compensation to from $100,000 to $200,000 for the term beginning on January 1, 2014 and ending on December 31, 2015; and WHEREAS, the Parties desire to extend the term of the Original Agreement for an additional year and increase the total compensation outlined in the Fifth Amendment from $200,000 to $400,000 for the term beginning on January 1, 2014 and ending on December 31, 2016. fi.frlconnfv Gom �is�'� rffir,7 C16 -046 SIXTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the Parties agree as follows: 1. Prior to the performance of any on -call Consulting Services, Contractor shall first provide County with a written estimate. Each estimate must be approved by County's representative, Rick Ullom, prior to commencement of the Consulting Services by Contractor and all rates shall be in accordance with the fee schedule set forth in Exhibit A to the Original Agreement. Total compensation for Consulting Services provided during the term beginning on January 1, 2014 and ending on December 31, 2016, shall not exceed four hundred thousand dollars ($400,000) without an amendment to this Agreement signed by both Parties. 2. 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. 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. 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 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. 2 Eagle County Amendment Ext Term Final 1 /l4 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. 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. ix. The insurance provisions of this Agreement shall survive expiration or termination hereof. X. 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 and 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 and volunteers. 3. Capitalized terms in this Sixth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Sixth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Sixth Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Sixth 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 Sixth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] 3 )~agle County Amendment Ext- erm -oral 1/14 IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: yo`` ° °c'. ' I , Chair al :c `J-CG nnC I_►�QI,(ePrte� Attest: By: VV. ovi Teak J. Simonton, Clerk to the Board MENENDEZ A ECTS, P.C. By: Print Name: L-U l5 Title: PQ -L=-6l Pe t�20-_ State of Colorado ) )ss. County of Eagle— P -fki In ) The foregoing instrument was ac owledg d before me this :2-c? day of U-6Lnuar , 2016 by �_r-e 5 ,►_J ��t of Menendez Architects, P.C. My commission expires: ELIZABETH OLSON -BAUER Notary Public State of Colorado Notary ID 19914013928 My Commission Expires Oct 13, 2019 Notary public 4 Eagle County Amendment Ext Term Final li 14 Fee Schedule MENENDEZ ARCHITECTS P.C. Principal (Luis A. Menendez) Architectural Designer Architectural Staff Level 2 Architectural Staff Level 1 CIVIL ENGINEERING CONSULTANT Principal (Tom Marcin) Licensed Engineer Design Engineer Licenses Surveyor Senior Survey Technician Survey/Engineering Technician Office Technician MEP ENGINEERING CONSULTANT Principal (Stan Humphries) Senior Project Engineer Project Engineer Designer STRUCTURAL ENGINEERING CONSULTANT Principal (Adolfo Gorra) Project Manager Project Engineer Structural Tech/Drafting Administrative Eagle County On -Call Architectural and Engineering Services MENENDEZ ARCHITECTS $115 $105 $90 $70 $157.50 $121.50- $130.50 $81 $121.50- $130.50 $81 $63 $54 $125 $100 $85 $75 $116 $97 $88 $82 $51 EXHIBIT MENENDEZ ARCHITECTS Fc Reimbursable Expenses In addition to the Architectural Personnel Hourly Fees, the Architect would be reimbursed 1.1 times the actual cost for the following out -of- pocket expenses, necessarily incurred: 1. Transportation and living expenses in connection with out -of -town travel as authorized by Owner. 2. Delivery, messengers and courier services. 3. Expenses of printing, photography and other forms of reproductions of drawings and documents. 4. Fees paid for all necessary approvals and permits from all governing authorities. 5. Costs of models and mock -ups requested by the Owner. 6. Costs of Renderings requested by the Owner. 7. Services of consulting engineers and other consultants as required for the project. Eagle County On -Call Architectural and Engineering Services CI(anHl! InURM MENENARC ACORDn CERTIFICATE OF LIABILITY INSURANCE DATE (9/03MIDIN YYYY) AIM/DDI 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policypes) must 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(a). PRODUCER USI Colorado, LLC Prof Lfab P.O. Box 7050 Englewood, CO 80155 800 873.8500 TYPE OF INSURANCE P 800873 -8500 N.I. Nwl INSURER AFFORDING Cov�acE NAIC e INSURER A: Hartford Casualty Insurance Com 29424 INSURED Menendez Architects, P.C. P.O. Box 8036 Aspen, CO 81612 )Nsupm 0: Hartford Ins Co of the Midwest 37478 INsuRER c: XL Specialty Insurance Company 37885 INSURERD: 09/01/2010 INSURER E: sf 000000 INSURER F: s 300 000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR 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. LIP TYPE OF INSURANCE ADOL WA M1 POLICY NUMBER P LIMITS A GENERALUAWUITY X X 34SBWRV9024 9/01/2015 09/01/2010 EACHOCCURRENCE sf 000000 Et�iED ace s 300 000 COMMERCIAL GENERAL UABIUTY CLA MS•MADE ❑X OCCUR MED EXP we on) $10,000 PERSONAL A AOV INJURY $1,000,000 GENERAL AGGREGATE S 000 0W GEN'L AGGREGATE UNIT APPLIES PER: PRODUCTS - COMPX7P AGG s 2 000 000 S POLICY X PRO- LOC A ALIT011109ILEUAI3tUTY x x 34SBWRV902a 9/01/2015 09/01/201 ""� 51,000,000 SCOILY INJURY (Per person) s ANY AUTO 500ILY INJURY (Per acidme) 3 ALL OWNED SCHEDULED HIRED AUTOS X AUTOS IX DAMAGE _ 3 A X UMBRELAUAO x OCCUR x x 34SBWRV9024 /01/2015 09/01/2016 EAcmoccuRRF.NcE 62000000 AGGREGATE s2.000.000 EXCESS UAS CLAIMS-MADE DED I X1 RETENnoNs10000 s B WORKERS COMPENSATION AND EMPLOYERS' UABLM ANY PR�IPEARTM, -�f�Q(EC Y N OFFICE Clwevr �Y N A X 34WEGIN3844 9 /01/2015 09/01/201 X wcsrATU• ETH• E.L. EACH ACCIDENT s1 000 000 EL DISEASE EA EMPLOYEE 31 000 000 (Mandatory In NH) E.L. DISEASE POLICY LIMIT I s1 000 000 H yes. desalbe under I DESCRIPTION OF OPERATIONS below C Professional DPS9726399 09101t20151091011201E $1,000,000 per claim Liability $1,000,000 anal aggr. Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS / VEiUCLES (Attach ACORD 101. AddlUonel Remake Sel"Is, I more space Is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. (See Attached Descriptions) Eagle County Government Project Management Dept PO Box 850 Attn: Kristin Dagenhardt Eagle, CO 816310850 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE PIR D BEFORE THE EXPIRATION DATE THEREOF, NOTICE wILL BE DELI ACCORDANCE WITH THE POLICY PROVISIONS. EXHIBIT AUTHORIZED REPRESENTATNE xs iona_onin ee-non enaonaennM AU DESCRIPTIONS (Continued from Page 1) The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. Partner /Officer WC Exclusion: Luis A. Menendez Additional Insured: Eagle County, Its associated or affiliated entities, Its successors and assigns, elected officials, employees, agents and volunteers. RAn rn 95.11 r9amnm5i 9 nr 9