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HomeMy WebLinkAboutECAT17-012 Menendez ArchitectsAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND MENENDEZ ARCHITECTS P.C. THIS AGREEMENT ("Agreement") is effective as of ____ 09/21/2017 , by and between Menendez Architects, P.C. a Colorado professional corporation (hereinafter "Consultant" or "Contractor") and Eagle County Air Terminal Corporation a Colorado non-profit corporation (hereinafter "ECAT"). RECITALS WHEREAS, SCAT desires to engage Consultant to provide consulting services relating to the redesign, replacement and expansion of an eastern portion of the existing passenger terminal building (the "Terminal Building") at the Eagle County Regional Airport (the "Airport"), as well as the creation of temporary facilities to accommodate concessionaires and other Airport services during such expansion (the "Project"). Such services shall include, but not limited to performance of the tasks, responsibilities and obligations attributable to the Consultant as the Consulting Engineer (the "Services"), as that term is defined in an Amended and Restated Trust Indenture (the "Indenture") between ECAT and UMB Bank, National Association and its successors or assigns (together, the "Trustee"), securing limited property tax supported revenue bonds relating to the Project. 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 ECAT in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and SCAT agree as follows: Services. Consultant shall diligently provide all services, labor, personnel and materials necessary to perform and complete the Services relating to the Project, in accordance with the rates set forth on Exhibit A ("Services"), which is attached hereto and incorporated herein by reference. The Services shall be performed on an as -needed basis in accordance with the provisions and conditions of this Agreement. a. 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. ECAT17-012 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. 2. Representatives. a. The Project Management Department's designee shall be Consultant's contact with respect to this Agreement and performance of the Services. b. Luis Menendez shall be Consultant's authorized representative to act for and on behalf of Consultant with respect to this Agreement. Term of the Ag figment. 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 day of December, 2020. 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 ECAT for such additional services in accordance with ECAT'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 SCAT 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 ECAT 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. ECAT shall compensate Consultant for the performance of the Services at the rates set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $200,000.00. 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 SCAT. 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 ECAT may request. Consultant agrees to cooperate with ECAT to provide such information with its invoices as may be reasonably required by ECAT to comply with the provisions of an Amended and Restated Trust Indenture (the "Indenture") between ECAT and UMB Bank, National Association and its successors or assigns (together, the "Trustee"), relating to the disbursement of funds from the Construction Fund, as that term is 2 SCAT Professional Serviocs Final 5114 defined in the Indenture. Consultant acknowledges that invoices and associated back-up materials will be submitted to Trustee when ECAT requests disbursements of funds under the Indenture. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by ECAT 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 ECAT. C. If, at any time during the term or after termination or expiration of this Agreement, ECAT reasonably determines that any payment made by ECAT to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from ECAT, Consultant shall forthwith return such payment(s) to ECAT. Upon termination or expiration of this Agreement, unexpended funds advanced by ECAT, if any, shall forthwith be returned to ECAT. d. ECAT 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. b. Sub -consultants. 6.1 Consultant acknowledges that ECAT 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 ECAT's prior written consent, which may be withheld in ECAT's sole discretion. ECAT 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 ECAT has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub -consultant, as approved by ECAT 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 ECAT. ECAT 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. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub -consultants or sub -contractors. 6.2 In addition to ECAT's right to assign this Agreement in accordance with Section 15, each approved subcontract is hereby assigned to ECAT by Consultant provided that (a) assignment is effective only after termination of the Agreement by ECAT for cause and only for those subcontract agreements which ECAT accepts by notifying the subcontractor and Consultant in writing; and (b) assignment is subject to the prior rights of the surety, if any, obligated under the bond relating to the Project. Each subcontract shall include this assignment. Nothing in this Agreement shall be deemed to create any contractual relationship between any subcontractor of any tier and ECAT. 3 ECAT Professional Serviocs Final 5114 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, productslcompleted 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 ECAT, 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 as additional insureds (1) the Trustee under the Indenture; (2) Eagle County and (3) ECAT and the associated or affiliated entities, successors and assigns, elected officials, employees, agents and volunteers of Eagle County and ECAT, respectively. ii. Consultant's certificates of insurance shall include sub -consultants as additional insureds under its policies or Consultant shall furnish to ECAT 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 ECAT. 4 ECAT Professional Serviocs Final 5/14 V. All policies must contain an endorsement affording an unqualified thirty (30) days' notice of cancellation to ECAT 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 ECAT, and hereby authorizes Consultant's broker, without further notice or authorization by Consultant, to immediately comply with any written request of ECAT for a complete copy of the policy. viii. Consultant shall advise ECAT in the event the general aggregate or other aggregate limits are reduced bellow the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish ECAT 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 ECAT, ECAT 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 ECAT 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 ECAT, its affiliated entities, successors or assigns, its elected officials, employees, agents and 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 moneys paid pursuant to this Agreement. S. Indemnification. The Consultant shall indemnify and hold harmless Eagle County and ECAT, and any of their respective officers, agents and employees against any losses, claims, damages or liabilities for which Eagle County and/or ECAT 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 Eagle County and/or ECAT for reasonable attorney fees and costs, legal and other expenses incurred by Eagle County and/or ECAT in connection with investigating or defending any such 5 ECAT Professional Serviocs Final 5114 loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against Eagle County or ECAT to the extent that Eagle County or ECAT 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 ECAT. Consultant shall execute written assignments to ECAT of all rights (including common law, statutory, and other rights, including copyrights) to the same as ECAT shall from time to time request. 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 and work sheets produced, or prepared by or for Consultant (including any employee or subcontractor 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 sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) 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. EAGLE COUNTY AIR TERMINAL CORPORATION: Attention: Rick Ullom 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8780 E-mail: rick.ullom@ea lg ecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail: atty@eaglecounty.us 6 ECAT Professional Serviocs Final 5114 CONSULTANT: Menendez Architects, P.C. Luis Menendez 715 W. Main Street Suite 104 Aspen, Colorado 81611 (970) 544-4851 Email: LAM@menendezarchitects.com it. 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 SCAT 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 ECAT with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from ECAT. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. ECAT 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 ECAT with all documents as defined in paragraph 9 hereof, in such format as ECAT shall direct and shall return all ECAT owned materials and documents. ECAT shall pay Consultant for Services satisfactorily performed to the date of termination. 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 and interpreted under and shall be 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. 7 ECAT Professional Serviocs Final 5114 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 ECAT 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. The parties agree that in the performance of the Services under this Agreement, Consultant shall be entitled to rely on the accuracy and completeness of the information furnished by Hensel Phelps Construction Co., Design -Builder for the Project ("Hensel Phelps"), including, but not limited to, the design specifications and documents, construction schedule and guaranteed maximum price for the Project, and such reliance shall not be deemed to represent that the Consultant has prepared its own cost estimates or construction schedule for the Project or that Consultant has made a detailed examination or audit of the information provided by Hensel Phelps. C. Consultant acknowledges that any modifications or additions to the required drawings, specifications and other design specifications for the Project that are reasonably determined by ECAT to be necessary or desirable for completion of the Project shall be approved by Consultant and Hensel Phelps and filed with the Trustee under the Indenture. d. Consultant acknowledges that any modification to the Plans for the Project or to the Qualified Construction Contracts for the Project, as those terms are defined in the Indenture, shall be filed with the Trustee. Consultant further acknowledges that no modifications to the Plans or to the Project may be made which change the scope of the Project if such change would cause ECAT to violate the terms of the Indenture or materially impair the Project Revenue, as that term is defined in the Indenture. Changes in scope shall include, but shall not be limited to, material changes to the proposed use of the Project, changes that impair the suitability for that proposed use, or which materially reduce the fair market or rental value of the Airport and related facilities or the Project. e. Consultant agrees that with respect to modifications to the Plans or to the Qualified Construction Contracts, it shall prepare a certificate, addressed to the Trustee, verifying that the additional cost resulting from such modification will not cause the total Cost of Construction, as that term is defined in the Indenture, for the Project to exceed the amount available therefor, taking into account the amounts available for such purposes then credited to the Construction Fund, as that term is defined in the Indenture, the amounts expected to be received on investments then credited to the such fund on or before the expected date of Final Completion and any amounts available to and committed by or on behalf of ECAT for completion of the Project. 8 ECAT Professional Serviocs Final 5114 f. Consultant shall cooperate with the reasonable requirements of ECAT's lenders or other financial sources. Consultant will cooperate with, and will upon request, timely execute documents as requested by ECAT, Eagle County or Trustee as may be necessary to finance and complete the Project all in a form reasonably acceptable to Consultant. g. 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. h. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of ECAT. 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 ECAT and Consultant except that of independent contractor. Consultant shall have no authority to bind ECAT. i. 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. j. 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. k. The parties to this Agreement recognize that in entering into this Agreement, ECAT is relying upon the resources, skill and reputation of Consultant. Therefore, Consultant may not assign its interest in this Agreement without the prior written consent of ECAT, which consent ECAT 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. 1. ECAT shall have the right to assign this Agreement to (i) the Trustee under the Indenture; a related entity or to any lender advancing funds in connection with the Project; or (ii) to Eagle County in the event Eagle County becomes the owner of the Project. ECAT shall be permitted to make such assignments in ECAT's sole and absolute discretion and Consultant agrees to execute a consent to assignment of this Agreement in a form reasonably acceptable to Consultant. Further, in the event that Eagle County becomes owner of the Project, Consultant hereby consents to an assignment of this Agreement to County. Further, ECAT may assign its rights to any construction documents, plans, specifications, instruments of service or work product, to the County, Trustee, a related entity, or to any lender advancing funds in connection with the Project. Consultant, its subcontractors of any tier, and design -consultants of any tier, agree to execute a consent to assignment of all such documents. 9 ECAT Professional Serviocs Final 5/14 M. 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. n. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. o. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to ECAT. Consultant shall be subject to financial audit by federal, state or ECAT 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. p. The signatories to this Agreement aver to their knowledge, no employee of ECAT 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. q. The Consultant, if a natural person eighteen (1$) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Contracts. As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant will participate in the E -verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Consultant shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. 10 ECAT Professional Serviocs Final 5114 b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E -Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at- htlp://www.dhs.gov/xprevprot/programs/ge 1185221678150.shtm C. Consultant shall not use either the E -verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be required to: i. Notify the subcontractor and ECAT within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; 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 undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. 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 established in C.R.S. 5-17.5-102(5). f. If Consultant violates these prohibitions, ECAT may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to ECAT as required by law. g. ECAT will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and ECAT terminates the Agreement for such breach. [Rest of Page intentionally left blank] 11 ECAT Professional Serviocs Final 5114 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attest: Lo Bryan R. Treu, Secretary EAGLE COUNTY AIRTERMINALCORPORATION By: ]illian H. Ryan, President CONT,as,.m,..oa. o By: Print Name: Luis Menendez Title: President 12 ECAT Professional Serviocs Final 5114 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES 13 ECAT Professional Serviecs Final 5114 MENENDEZ ARCHITECTS Fee Schedule MENENDEZ ARCHITECTS P.C. Principal (Luis A. Menendez) $120 Architectural Designer $105 Architectural Staff Level 2 $95 Architectural Staff Level 1 $75 $13 "$15 Insurance Premium Adjustment to the first 50 hours of service. Add $13 to any of the Menendez Architects hourly rates for a total of $650 CIVIL ENGINEERING CONSULTANT Principal (Tom Marcin) Licensed Engineer Design Engineer Licenses Surveyor Senior Survey Technician Survey/Engineering Technician Office Technician $121.50-$130.50 $81 $121.50-$130.50 $81 $63 $54 MEP ENGINEERING CONSULTANT Principal (Stan Humphries) Senior Project Engineer Project Engineer Designer $125 $100 $85 $75 STRUCTURAL ENGINEERING CONSULTANT Principal (Adolfo Gorra) Project Manager Project Engineer Structural Tech/Drafting Administrative $122 $102 $93 $86 $54 $11 Insurance Premium Adjustment to the first 50 hours of service. Add $11 to any of the Glenwood Structural hourly rates for a total of $550 SOILS ENGINEERING CONSULTANT 9 See Attached Eagle County On -Call Architectural and Engineering Services 02-14-17 MENENDEZ ARCHITECTS 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 02-14-17 annumn ENGINEERING FEE SCHEDULE - CONSTRUCTION SERVICES 26161_15 -2615 C 1.1 _15 MATERIAL TESTING AND SPECIAL INSPECTION Quote ENGINEERING AND SPECIALTY SERVICES Quote (Time is round trip from office to project site and return) Quote • Outside Laboratory Services Quote • Soils Testing Engineering Technician (hourly) $56.66 • Principal Engineer (hourly) $175.66 • Concrete Testing Engineering Technician (hourly) $56.66 • Project Engineer, Weld Engineer or Geologist (hourly) $165.66 • Asphalt Testing Engineering Technician (hourly) $56.66 • Staff/Field Engineer (hourly) $85.66 • Rebar, Masonry, PT, Fireproofing Special Inspection $55.66 •ICC Building Inspection (D.F.S. Approved) (hourly) $75.66 (hourly) Concrete Standard Proctor Compaction (ASTM D 698) • Deep Foundation Special Inspection (hourly) $55.66 • CAD Technician (hourly) $75.66 • Certified Welding Inspector (CW 1) - NDE Test $75.64 • Special Consultation, Expert Testimony and Court Quote Methods, Welding, Bolting, Steel Fabrication (hourly) Maturity Data Logger (each) Appearance (hourly) Natural Density and Moisture Content • Project Manager- Review, Supervision, Meetings $85,44 $54.44 Specific Gravity (ASTM D 854) (hourly) Relative Humidity Sensors (ASTM F2170) (each) $75.44 Gradation Analysis (ASTM D 422) • Overtime (Over 8hrslday, weekends, nights after 6pm) hourly rate + $15.04 a. All Standard Sieve to #244 Sieve • Trip Charge (covers vehicle and equipment) $15.44 • Interest charged after30 days from in voicedate 1.5% MISCELLANEOUS (These units are on a project by project basis and will only apply as detailed in the proposal) • Vehicle Mileage Quote • Mobile Laboratory Quote • Daily Rates Quote • Outside Laboratory Services Quote • Out-of-town living expenses, commercial travel costs, Quote • Vibration Monitoring/Geotechnical Instrumentation Quote equipment rental, etc. Services, Thermal Conductivity and Resistivity • Pile Dynamic Analysis, Ground Penetrating Radar, Cross Hole Sonic Logging, Sonic Echo, Falling Weight D ef I ecto m at er Quote LABORATORY TESTING Soil Concrete Standard Proctor Compaction (ASTM D 698) $144.44 Concrete Compression Test, Cylinders (each) $14.44 Mod ifiad Proctor Compaction (ASTM D 15 57) $110.00 Concrete Flexural Test, Beams $55.44 Check Point Proctor $64.44 Maturity Data Logger (each) $75.44 Natural Density and Moisture Content $15.44 Moisture Coupons (each) $54.44 Specific Gravity (ASTM D 854) $65.44 Relative Humidity Sensors (ASTM F2170) (each) $75.44 Gradation Analysis (ASTM D 422) Shotcrete Cores (each) $75.44 a. All Standard Sieve to #244 Sieve $64.44 Maturity Meter Strength Correlation Quote b. Percent Less Than #244 Sieve $35.44 Asphalt c. Gradation with Hydrometer $135.44 Asphalt - Ignition and Gradation Tests $164.44 °R° -Value (ASTM D 2844) $354.44 Marshall Properties $244.44 Atterberg Limit (ASTM D 4318) $65.44 Mix Verification Gyratory Compaction, 3 points $254.44 Soil Stabilization Strength Specimens (set of 3) $254.44 Theoretical Maximum Specific Gravity (ASTM D 2441) $144.44 pH Test $54.44 Lottman Test (CP L-51 09) $325.44 Water Soluble Sulfates Test $54.44 Ignition Craven Calibration $225.44 Permeability Bulk Specific Gravity - Asphalt $44.44 a. Falling or Constant Head. 2-4" Diameter $254.44 Coring -Asphalt {Diameter (in.) X Depth (in.) X No. $1.54 cores] b. Triaxial Permeability $375.44 Asphalt and Concrete Mixture Analysis Quote Freeze -Thaw Test $544.44 Aggregate Swell -Consolidation (loaded to 14,444 psf) $65.44 Sand Equivalent (ASTM D 2419) $95.44 Direct Shear, Unconsolidated -Undrained (Quick Test, 3 $375.44 Relative Density (ASTM D 2449) $244.44 pt) Soil Stabilization Mixture Analysis Quote Clay Lumps and Friable Particles (ASTM C 142) $45.44 Masonry Flat or Elongated Particles (D 4791) $64.44 Mortar Cubes (each) $24.44 Sulfate Soundness (ASTM C 88) $244.44 Masonry Prisms (each) $95.44 Fractured Faces Test $64.44 Grout Specimens (each) $34.44 Los Angeles Abrasion Test $154.44 Compressive Strength CMU/Brick Coupon $54.44 Uncompacted Voids Test $95.44 Aggregate Specific Gravity $65.44 EXHIBIT B Insurance Certificate 14 ECAT Professional Serviecs Final 5114 CI ient#: 1086684 MENENARC ACORD,,., CERTIFICATE OF LIABILITY INSURANCEDATE(MMDDYYYY) 8'i31,+2017 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 policy(ies) 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{s}. PRODUCER USI Colorado, LLC Prof Liah P.O.Box 7050 Englewood, CO 80155 800 873,8500 A E: (W.NE :800 573 FAx wC. No).- o :P.O. E-MAIL ADDRE$$• INSURER AFFORMOCOV ERAGE NAIC9 MURERA : Hartford Casualty Insurance Cam 29424 INSURER B : Hartford InS Co of the Midwest 37478 INSURED Menendez Architects, P.C. INSURER C: XL Specialty Insurance Company 37885 P.O. Box 8036 715 W. Main Street, Suite 104 Aspen, CO 81612 MURERD: INSURE RE INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 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. RR TYPEOFINSURANCE I DRLy VD POLICY NUMBER FF NIIDWYPOLICY EYYY POLICY EXP NIIDDIYYYY Wrr$ A X COMMERCIAL GENERAL LIABILITY 34SBWRV9024 /01/2017 09/01/2018 EACH OCCURRENCE $1,000,000 � PREM E 000 CLAIMS -MADE OCCUR 000grrencel $300 MED EXP (An one ) $10,000 PERSONAL&ADV INJURY $1,000,000 G EN'L AGG REGATE LIMIT APPLIES PER, GENERAL AGGREGATE s2,000,000 X PRO POLICY JECT LOC 000 000 PRODUCTS $2, , OTHER, $ A AUTOMOBILE LIABILITY 34SBWRV9024 /01/2017 09/01/201 COMRINjjeDt' INGLE LIMIT 1 000 000 ANY AUTO BODILY INJURY [Per person] $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY [Per accident] $ X X NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident A X UMBRELLA LIAB X OCCUR 34SBWRV9024 /01/2017 09/01/201 EACH OCCURRENCE $2,000,000 EXCESS UAB CLAIMS -MADE AGGREGATE $2,000,000 DED I X1 RETENTION $10000 COMPENSATION $ B 34WEGIN38U /01/2017 09/01/201 X PTA TE EORH AND EMS PLOY ERS' LI AHD EMPLOYERS' LUIBILITY YEN ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? � NIA [Mandatary In NHj E. L. DISEASE- EA EMPLOYEE $1 000,000 Ill ❑ SCRIPTION OF OPERATIONS below /01/2017 E.L. DISEASE - POLICY LIMIT 1$1,000,000 09/01/2018 $1,000,000 per claim C Professional DPS9917550 LiabilityI $2,000,000 annl aggr. Claims Made DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES {ACORD 101, Additional Remarks Schedule, may be aItached it 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) CERTIFICATE HOLDER CANCELLATION Eagle County Air Terminal Corporation PO Bax 850 Attn: Kristin Degenhardt Eagle, CO 81631 ACORD 25 (2014.'01) 1 of 2 #S214184231M21415258 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �C © 19BB-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD rtyrA� 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 nate that Additional Insured status does not apply to Professional Liability or Workers' Compensation. Partner/Officer WG Exclusion: Luis A. Menendez Additional Insured: Eagle County Air Terminal Corporation, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers. SAGITTA 25.3 (2014101) 2 of 2 #S21418423/M21415258