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HomeMy WebLinkAboutC22-369 Menendez Architects_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MENEDEZ ARCHITECTS P.C. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of the _____________ by and between Menendez Architects P.C. (hereinafter “Contractor” or “Consultant”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 19th day of January, 2021, for certain Services (the “Original Agreement”) (C21-018); and WHEREAS, the County desires to have Consultant update the compensation as set forth below; and WHEREAS, by a First Amendment dated January 11th, 2022 (C22-010) the term of the Original Agreement was extended to December 31st, 2022; and WHEREAS, the term of the Original Agreement, as amended by the First Amendment, expires on the 31st day of December, 2022 and the parties desire to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement. SECOND AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to extend the term to the 31st day of December, 2023. 2. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 3. Any out-of-pocket and/or reimbursable expenses to be incurred by Consultant and reimbursed by County shall be identified on Reimbursable Expenses on Exhibit A1. Reimbursable expenses will be reimbursed as provided in Exhibit A1 and are included in the not to exceed contract amount set forth in the original agreement. Out-of-pocket and/or reimbursable expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Menendez Architects P.C. DocuSign Envelope ID: 360E2CE1-02DA-4ACF-B195-E206F6C597C1 11/10/2022 2 Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A1 unless specifically approved in writing by County. 4. Except as expressly altered, modified and changed in this Second 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 Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: 360E2CE1-02DA-4ACF-B195-E206F6C597C1 3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR MENENDEZ ARCHITECTS P.C. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 360E2CE1-02DA-4ACF-B195-E206F6C597C1 President Luis Menendez Eagle County On-Call Architectural and Engineering Services Architectural & Engineering Fee Schedule 2022 LABOR CATEGORY HOURLY RATE MENENDEZ ARCHITECTS P.C. Principal (Luis A. Menendez) $152 Architectural & Interior Designer $105 Architectural Staff Level 2 $108 Architectural Staff Level 1 $86 CIVIL ENGINEERING CONSULTANT Principal (Tom Marcin) $225 Licensed Engineer/Surveyor $148 Project Engineer/Surveyor $132 Design Engineer $108 Senior Survey Technician $108 Survey/Engineering Technician $90 Office Technician $72 Survey Crew $207 MEP ENGINEERING CONSULTANT Principals (Taylor Critchlow & Stan Humphries) $155 Senior Project Engineer $140 Project Engineer $125 Designer $105 STRUCTURAL ENGINEERING CONSULTANT Principal (Adolfo Gorra) $158 Project Manager $143 Project Engineer $130 Structural Tech/Drafting $122 Administrative $77 Exhibit A1DocuSign Envelope ID: 360E2CE1-02DA-4ACF-B195-E206F6C597C1 Eagle County On-Call Architectural and Engineering Services 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. DocuSign Envelope ID: 360E2CE1-02DA-4ACF-B195-E206F6C597C1 MATERIAL TESTING AND SPECIAL INSPECTION MANAGEMENT AND ENGINEERING (Time is round trip from office to project site and return) • Soil, Concrete and Asphalt Testing (hourly)$65.00 • Project Management-Review/Supervision (hourly)$110.00 • Rebar, Masonry, Piers (hourly)$70.00 • Senior Project Engineer/Geologist (hourly)$190.00 • Post Tension, Spray Applied Fireproofing (hourly)$75.00 • Project Engineer/Geologist (hourly)$150.00 • Wastewater Pipe Inspection (hourly)$85.00 • Staff Engineer/Geologist (hourly)$110.00 • Floor Flatness, Pull-Testing (hourly)$95.00 • Open Hole, Field Engineer (hourly)$110.00 • Coring and Concrete Humidity/Moisture (hourly)$95.00 • Principal Engineer, Senior Project Manager $225.00 • Certified Welding Inspector (CWI) (hourly)$85.00 • Overtime (Over 8hrs/day, weekends, after 6pm) • Certified Building Inspector (hourly)$85.00 • Trip Charge (covers vehicle and equipment)$0.00 • Certified Fire Stop Inspector (hourly)$105.00 • Interest charged after 30 days from invoice date 1.5% (These units are on a project by project basis and will only apply as detailed in the proposal) • Construction Management, Civil Inspection Quote • Mobile Laboratory Quote • Quality Management Quote • Outside Laboratory Services Quote • Out-of-town living expenses, commercial travel costs, equipment rental, etc.Quote • Vibration Monitoring/Geotechnical Instrumentation Services, Thermal Conductivity and Resistivity Quote • Pile Dynamic Analysis, Ground Penetrating Radar, Cross Hole Sonic Logging, Sonic Echo, Falling Weight Deflectometer Quote Soil and Aggregate Concrete Proctor Compaction $120.00 Concrete Compression Test, Cylinders (each) $16.00 Atterberg Limit $75.00 Concrete Comp. St. Cylinders (high strength concrete) $75.00 Gradation $70.00 Compressive Strength-CLSM Cylinders $30.00 No. 200 Wash $45.00 Concrete Flexural Test, Beams $65.00 Gradation and Hydrometer $175.00 Maturity Data Logger (each) $105.00 Specific Gravity of Fine Aggregate $95.00 Moisture Coupons (each) $105.00 Natural Density and Moisture Content $16.00 Relative Humidity Sensors (ASTM F2170) (each) $105.00 “R”-Value $400.00 Shotcrete Comp. Str. (per panel) $225.00 Soil Cement Proctor $150.00 Maturity Meter Strength Correlation $2,500.00 Unconfined Comp. Str.-Soil Stab. (per set) $275.00 Concrete Mix Trial Blend $6,000.00 pH Test $55.00 Asphalt Water Soluble Sulfates Test $55.00 AC Content and Extracted Gradation $175.00 Triaxial Permeability $425.00 Sp.G.(SSD), Stability, Flow (Marshall) (per test) $425.00 Alkali Silica Reactivity (to 28 days) $450.00 $300.00 Denver Swell $80.00 Theoretical Maximum Specific Gravity $110.00 Direct Shear $525.00 Modified Lottman (TSR) $350.00 Sand Equivalent $100.00 Ignition Oven Calibration $500.00 Relative Density $250.00 Specific Gravity (SSD) and Voids (per Core) $45.00 Clay Lumps and Friable Particles $55.00 Coring-Asphalt (Dia. (in.) X Depth (in.) X No. cores) $1.50 Flat or Elongated Particles $65.00 Stability (Gyratory) $150.00 Sulfate Soundness $350.00 Asphalt Moisture Content $25.00 Fractured Faces Test $65.00 Micro Deval $250.00 Los Angeles Abrasion Test $175.00 Masonry Uncompacted Voids Test $110.00 Mortar Compressive Strength $30.00 Specific Gravity of Coarse Aggregate $65.00 Masonry Prism Comp. Strength $115.00 Soil Stabilization Mixture Analysis $3,500.00 Grout Compressive Strength $50.00 Compressive Strength CMU/Brick Coupon $100.00 4K_15 -4C1_0 MISCELLANEOUS LABORATORY TESTING FEE SCHEDULE - CONSTRUCTION SERVICES rate + $15.00 Specific Gravity (SSD) and Voids (Gyratory) (per test) DocuSign Envelope ID: 360E2CE1-02DA-4ACF-B195-E206F6C597C1 GENERAL CONDITIONS INTENT OF SERVICES: The services and any subsequent analysis and reporting performed by the Consultant under this agreement are intended to assist the Client. It must be understood that the Consultant’s tests, observations, or inspection results do not mean that Consultant is approving any aspect of the design, or the work performed or materials used by the Contractor or any Subcontractors. Client acknowledges that Consultant is not responsible for the contractor’s or subcontractor’s compliance with regulating agencies, safety, materials, means, methods, techniques, sequences, procedures of construction, nor for contractor’s failure to follow recommendations or good construction practices, and that the services provided by the Consultant shall not relieve the contractor of its obligation to perform the Work in accordance with the project plans and specifications, as well as use materials that are in accordance with the plans and specifications. The observation and testing services outlined herein, or lack thereof, do not relieve the contractor, subcontractors or any other applicable trades of their responsibilities to perform their portion of this project in conformance to the project plans, specifications, and other applicable documents. Any exploration, testing, specific observations, inspection and/or analysis associated with the services will be performed by Consultant solely to fulfill the purpose of this Service Agreement and Consultant is not responsible for interpretation by others of the information developed. Client recognizes that conditions on the project site may vary from those encountered during testing and that information generated by Consultant is based solely on the information available to the Consultant at the time and location of such testing. Furthermore, the Client acknowledges that actual testing, observation, or inspection performed is likely on a very small percentage of the overall project and that as such, may not fully reflect the work performed or materials used by Project Contractors or Subcontractors. The proposed scope of services provided herein does not include engineering review of the project documents in regard to the geotechnical aspects of the project such as foundations, slabs, pavements, drains, walls, etc; nor does the proposed scope of work consist of construction management services relating to acceptance of materials, material types, or placement methodology. It is not the responsibility of the Consultant to accept or reject material placement or material types, nor to alter, amend, or revise project specifications. If required, these services can be provided under a separate scope of work. RIGHT-OF-ENTRY: Unless otherwise agreed, Client will furnish right-of-entry for Consultant to take the scheduled tests or observations. Consultant will take reasonable precautions to reduce damage to property. However, cost of restoration or damage that may result from field operations are not included in the fee unless otherwise stated, and Consultant cannot be held responsible. Any construction debris or waste generated as a result of the required testing is the responsibility of the Client and their respective Contractor or Subcontractors. SCHEDULING OF SERVICES: ALL observation and testing requests must be scheduled at least 24 hours in advance of each required observation or test. Verbal test results can be provided to the Contractor/Subcontractor and/or any other entities or representatives as designated by the Client as tests are completed, and formal, typed reports can be forwarded once they have been processed and reviewed. Unless specifically scheduled through our main office for a specific test/observation, date, and time, testing or observations may not occur. The required amount of work for materials testing depends on the Client’s, Contractor’s, Subcontractor’s, or other Entity’s scheduling of our services, as well as their production schedule. Having no control over these factors, our proposed scope of work is in general accordance to the attached Fee Schedule. The proposed scope of work is for periodic testing and observation. It is therefore important that the Client, Contractor, or Subcontractors schedule our field technicians such that: (1) Sufficient tests are conducted to comply with project specifications; and, (2) That such testing occurs at locations that are randomly distributed throughout the materials being tested. The quantity of tests provided for the various elements in the attached sheets are estimates; actual amounts of individual tests and locations are highly dependent on the Contractor’s schedule and the scheduling of our field personnel (technicians, CWI, utility inspectors or building inspectors) by the Client, Contractor and/or Subcontractors. INVOICES: Consultant will submit progress invoices to client monthly and a final bill upon completion of the services. Invoices will show charges for different personnel and expense classifications. Each invoice is due on presentation and is past-due thirty (30) days from invoice date. Rates quoted in this proposal reflect a 3% cash/check discount. Pricing will be adjusted to remove this discount in the event client prefers to pay by credit card. Client agrees to pay a finance charge of one and one-half percent (1.5%) per month, or the maximum rate allowed by law, on past-due accounts. Should Consultant bring suit to recover past due payment for services rendered to Client, Consultant shall be entitled to recover all costs of collection, including reasonable attorneys’ fees. Should Consultant refer to account to a collection agency or bring suit to recover past due payment for services rendered to Client, Consultant shall be entitled to recover all costs of collection, including reasonable attorneys’ fees. REPORTS: Reports, plans and other work products prepared by Consultant remain the property of Consultant until all fees for Consultant's services have been paid. Client agrees that all reports and other documents furnished to the Client and his agents not paid for will be returned upon demand, and will not be used for licensing, permits, design and/or construction. Any Contractor or Subcontractor other than the Client who uses any test data or other information provided by Consultant in support of this scope of work must indemnify the Consultant from and against any and all claims resulting from such use. FINAL LETTERS: Many governing agencies require that the Consultant provide some form of final letter at the completion of a project. Such letters are usually required to state that the project was constructed in compliance or general compliance to certain specifications, plans, or codes. As professional consulting engineers, it is not possible or reasonable to state with certainty that all work completed by others completely complied with any specification, plan, or code, and any interpretation as such is incorrect. The Consultant can only make such statements based on the best of their knowledge, their experience, as well as on the specific periodic testing and/or observations that were performed and for the time they were performed. Any use of the word “inspection” shall be assumed to mean “observation” in any document provided by our office that is in any way connected with this project. Such letters do not constitute any form of warranty, guarantee, or certification, expressed or implied, regardless of the wording used. It must also be understood that such testing and observation only occur when properly scheduled by the owner, owner’s representatives, contractor, or subcontractors, and therefore, it is their responsibility to schedule accordingly and in a manner consistent with the project specifications and the scope of work provided herein. USE OF ELECTRONIC OR OTHER SUPPLIED DATA: Electronic documents, site plans, or other information provided to Consultant for the subject project may be used in compiling geotechnical, environmental, or construction-related reports for the subject project. It is the responsibility of the Owner or Supplier of such documents to ensure that our use does not violate any copyright or confidentiality that may be pertinent to the supplied information. LIMITATION OF LIABILITY: Consultant agrees in connection with services performed under this Agreement that such services are performed with the care and skill ordinarily exercised by members of the profession practicing under similar conditions at the same time and in the same or a similar locality and scope. No warranty, expressed or implied, is made or intended by rendition of consulting services or by furnishing oral or written reports of the findings made. Liability of Consultant or Subconsultant(s) for damages due to or arising from professional negligence, breach of contract, or any cause of action, shall be limited to the Consultant’s fee for this project. Any exploration, testing, specific observations and analysis associated with the services will be performed by Consultant solely to fulfill the purpose of this Service Agreement and Consultant is not responsible for interpretation by others of the information developed. The services we have been retained to provide consist of periodic material testing and/or observations to assist the client, owner, construction manager and design team members with evaluating compliance with project specifications. STANDARD OF CARE: In providing its services, Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant’s profession practicing under the same or similar circumstances. CORPORATE PROTECTION: It must be agreed to by all parties affiliated with this agreement that the services provided by the Consultant that are in any way connected to this project shall not connect Consultant’s employees, owners, directors, or officers to any personal exposure for risks associated with any portion of this project. Therefore, and not withstanding anything to the contrary that may be contained herein or in any other document related to this project, the Client, future owners, future users, and/or any other trade or professional, agrees that as the sole and exclusive remedy for any claim, demand, or suit shall be directed and/or asserted against the Consultant, a Colorado Corporation, and not against any of GROUND’s employees, owners, officers, or directors. DocuSign Envelope ID: 360E2CE1-02DA-4ACF-B195-E206F6C597C1 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Hartford Casualty Insurance Company Sentinel Insurance Company Ltd. XL Specialty Insurance Company 8/26/2022 USI Insurance Services, LLC P.O. Box 7050 Englewood, CO 80155 800 873-8500 Leticia Ortiz 800 873-8500 leticia.ortiz@usi.com Menendez Architects, P.C. P.O. Box 8036 715 W. Main Street, Suite 104 Aspen, CO 81612 29424 11000 37885 A X X X X X 34SBWRV9024 09/01/2022 09/01/2023 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X X X 34SBWRV9024 09/01/2022 09/01/2023 1,000,000 A X X X 10,000 X 34SBWRV9024 09/01/2022 09/01/2023 2,000,000 2,000,000 B Y X 34WEGIN3844 09/01/2022 09/01/2023 X 1,000,000 1,000,000 1,000,000 C Professional Liability Claims Made DPR5001583 09/01/2022 09/01/2023 $2,000,000 per claim $3,000,000 annl aggr. 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 Degenhardt Eagle, CO 81631-0850 1 of 2 #S37145790/M37142955 MENENARCClient#: 1086684 MHAZP 1 of 2 #S37145790/M37142955 DocuSign Envelope ID: 360E2CE1-02DA-4ACF-B195-E206F6C597C1