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Home My WebLink AboutC23-177 Menendez Architects AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND MENENDEZ ARCHITECTS P.C. THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between Menendez Architects P.C., a Colorado professional corporation (hereinafter “Consultant” or “Contractor”), and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the County is developing an approximately 19,500 square foot, two-story mixed use facility, plus partial basement, which will contain offices and 20 residential units (the "Edwards Freedom Park GSB" or the "Project") located on a portion of Tract C Berry Creek/Miller Ranch P.U.D., in Edwards, Colorado (the “Property”); and WHEREAS, the County is in need of services for the design and development of the Edwards Freedom Park GSB, including, but not limited to, programming, code analysis, site analysis, schematic design, design development, construction documents, interior architecture, and construction phase services (the “Services”). The Services will also include, but are not limited to, civil engineering services, landscape architecture services, structural engineering services, mechanical engineering services, plumbing engineering services, and electrical engineering services; and 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 further defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 5/23/2023 2 Eagle County Prof Services Final 8/15/2022 Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. 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. County’s Representative. The Project Management Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. The Eagle County Project Manager shall be authorized to sign change orders increasing the scope of work and associated compensation within the budget constraints set for the Project. Change orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. 3. Term of the Agreement. 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 end of construction. 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 County for such additional services in accordance with County’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 County 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 County 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. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The stipulated sum for the performance of the Services under this Agreement shall not exceed $1,150,594.00. Additional services may be performed for additional sums compensated on a time and materials basis according to the fee schedule identified on Exhibit A. 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 County. 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 County may request. DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 3 Eagle County Prof Services Final 8/15/2022 b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Consultant shall be reimbursed at 1.1 times the actual cost for the out-of-pocket expenses necessarily incurred in the performance of the Services, and such sums 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 County. c. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County 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 County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. d. 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. e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Sub-consultants. Consultant acknowledges that County 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 County’s prior written consent, which may be withheld in County’s sole discretion. County 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 County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by County 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 County. County 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. 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. DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 4 Eagle County Prof Services Final 8/15/2022 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. 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 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. 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 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. DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 5 Eagle County Prof Services Final 8/15/2022 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. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County 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 County, County 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 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. 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. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County 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 County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action to the extent caused by the negligent acts, errors or omissions of Consultant or any of its sub-consultants hereunder. This indemnification shall not apply to claims by third parties against the County to the extent that County 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 County. County shall not be deemed the owner of said documents until payment has been received by the 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 DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 6 Eagle County Prof Services Final 8/15/2022 drawings prepared during the performance of the Services for other projects, as appropriate. County further acknowledges that use of the 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. 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 subconsultant in connection with the performance of the Services and additional services under this Agreement). All Documents shall be provided by Consultant in both printed and electronic format. Electronic format shall include native formats, but not limited to, AutoCAD, Revit, Microsoft Word or Microsoft Excel so that County personnel can easily utilize the information and format the information to accommodate various means of presentation and publication. 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 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. COUNTY: Eagle County, Colorado Attention: Kristin Degenhardt 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3457 E-Mail: Kristin.degenhardt@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONSULTANT: Menendez Architects, P.C. Luis Menendez 715 W. Main Street Aspen, Colorado 81611 Telephone: 970-544-4851 E-Mail: LAM@menendezarchitects.com DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 7 Eagle County Prof Services Final 8/15/2022 11.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 County 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 County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12.Termination. County 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 County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County 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. 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 the County 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. DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 8 Eagle County Prof Services Final 8/15/2022 b.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. c.This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. 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 County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d.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. e.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. f.Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g.This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h.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. i.The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j.Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county 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. k.The signatories to this Agreement aver to their knowledge, no employee of the County 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. DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 9 Eagle County Prof Services Final 8/15/2022 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board CONSULTANT Menendez Architects, P.C. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 President Luis Menendez 10 Eagle County Prof Services Final 8/15/2022 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 Freedom Park Government Services Building [1] Proposal for Eagle County Government Project: Freedom Park Government Services Building Edwards, Colorado May 4, 2023 Ms. Kristin Degenhardt Eagle County Facilities Project Management Department P.O. Box 850 Eagle, CO 81631 Dear Ms. Degenhardt, We are pleased to present this architectural and engineering services proposal for your review and consideration. Basis for Proposal Proposal is based on the development of the vacant property, described as a Portion of Tract C, Berry Creek/Miller Ranch P.U.D., County of Eagle, State of Colorado, as follows: •New two-story, plus partial basement, approximately 19,500 square foot government office building and site planning for 20 residential units, per layout illustrated in the preliminary design drawings produced by Menendez Architects dated 03/27/23 •Office space shall be designed for the following departments: Public Health, Human Services, Sheriff, Clerk and Recorder and Voting Center •Parking shall be uncovered surface parking on site with exception of the 4 covered residential parking spaces •Construction budget of approximately $12,800,000 based on Axias Budget Study dated 07/11/22 for office building and site improvements Menendez Architects, P.C. will provide architectural services as herein outlined: SUPPORT SERVICES Architectural Support Services – Stipulated Sum Services will include the following: •Assist the Land Use Consultant with the Location and Extent process •Collaborate with the residential architect (EV Studio) with the roof design and exterior materials selection of the residential component of the project LAND USE SERVICES Location and Extent Services – Stipulated Sum DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 Freedom Park Government Services Building [2] Location and Extent services will be primarily provided by the Land Use Consultant (DHM) and include the following: •Narrative review of the project’s relationship to relevant comprehensive and area plans, Miller Ranch PUD, county land use codes and other relevant regulatory documentation as identified with county staff. •Prepare and file L&E submittal according to CRS 30-28-110 •Participate in pre-application conference; pre-submittal review; submittal; planning commission public meeting. •Final submittal and recording •Coordinate with architect, civil engineer and traffic engineer as needed. TRAFFIC STUDY Traffic Study as needed for the Location and Extent application process – Time & Materials Basis BASIC SERVICES Architectural Basic Services – Stipulated Sum Services will include the following: •Programming: Determine project goals and requirements; identify and prioritize client values; establish size and relationships of spaces; gather and analyze data. Work with each department team to program their interior spaces. •Code Analysis: conduct zoning and building code research. Read conditions of previous and new land-use approvals. Review Miller Ranch Design Requirements •Schematic Design: arrive at a clearly defined feasible concept; explore alternative solutions. Deliverables may include preliminary Site Plan, Floor Plans, Exterior Elevations, Building Sections, Floor Area calculations. •Design Development: Refine the approved Schematic Design; develop clear, coordinated description of all aspects of the design. Deliverables will include, Site Plan, Floor Plans, Exterior Elevations, Building Sections, Wall Sections, Design Details as necessary, outline Schedules (Window, Door, and Room Finish) •Construction Documents: Prepare drawings and specifications that set forth the detailed requirements for the construction of the project. Deliverables will include Title Sheet, Building Code Summary, Site Plan, Floor Area calculations, Floor Plans, Reflected Ceiling Plans, Exterior Elevations, Building Sections, Wall Sections, Details, Door Schedule, Window Schedule. To meet the schedule requirements, the Construction Documents may be issued in two phases, one for core and shell and the other for interior architecture (see below) •Coordination: Coordination of Architect’s work with that of the consulting engineers’ work including civil, landscape, structural, mechanical, electrical, and plumbing •Entitlements: Interface with Eagle County Building, Planning and Engineering Departments. Submit the project for Miller Ranch design review. Submit the project for plan review and address plan review comments. •Interior Architecture: Interior design and construction documents for common areas and the various departments scheduled to occupy the building. Selection of interior fixed finishes and fixtures. Deliverables will include Interior Elevations, Room Finish Schedule, Room Finish Specifications Schedule, Plumbing Fixtures Schedule, Bathroom Accessories Schedule, Countertops Schedule, Millwork Schedule, Decorative Light Fixtures Schedule. DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 Freedom Park Government Services Building [3] • Bidding or Negotiation: Prepare bid instructions and packets and assist Owner in obtaining bids from general contractors or negotiated proposals. Assist Owner in reviewing and awarding the construction contract. • Construction Phase Services: Visit the site and participate in Owner-Architect-Contractor meetings at intervals appropriate to the stage of construction. Respond to contractor’s Requests for Information. Review and take action on submittals presented by contractor. Review change orders. Review shop drawings. Conduct Punch-List walkthrough and prepare/issue Punch-List. Assist with project close-out. Surveying Basic Services – Stipulated Sum Add imaginary boundary of project area to existing survey. Civil Engineering Basic Services – Stipulated Sum Civil engineering services, to Eagle County requirements, including: • Project Meetings and Coordination • Site Planning • Grading and Drainage Plan • Drainage Calculations • Storm Sewer Plan • Water and Sewer Plans • Shallow Utility Coordination • Sediment and Erosion Control Plan Landscape Architecture Basic Services – Stipulated Sum Landscape architecture services to design landscape and hardscape areas for the proposed project, including: • Project Meetings and Coordination – Participate in programming meeting related to landscape architecture. Provide coordination with architect and civil engineer. • Review opportunities for stormwater management with civil engineer • Review relevant Miller Ranch PUD and Eagle County requirements related to landscape architecture. • Landscape Plan – Indicating planting areas, existing contours, proposed contours, retaining walls (if any), and drainage swales • Plant Materials – Define all proposed trees, shrubs, perennial areas, mulched beds, native grasses and any turf-lawn areas • Hardscape Plan - Location and identification of hardscape items such as any walkways, steps, raised planters, paving, patios, adjacent roads and parking areas • Site Landscape Lighting collaboration with Electrical Engineer • Irrigated Area breakdown and irrigation notes Structural Engineering Basic Services – Stipulated Sum Structural engineering and drawing services assuming the following structural/construction systems: • Conventional structural steel building on a cast-in-place spread footing foundation • The ground floor will be primarily slab-on-grade with a slab-on-deck supported on structural steel framing over the partial basement DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 Freedom Park Government Services Building [4] • The second floor will be slab-on-deck supported on steel joists and structural steel framing • The roof is anticipated to consist of steel roof deck over bar joists and structural steel framing. • A stair and elevator core of masonry or pre-fab systems is anticipated • Primary lateral systems to consist of possibly a masonry or pre-fab core with a combination of steel moment frames and braced frames on the perimeter • Structural steel columns and exterior beam lines will be inboard of the exterior cladding and connections to the curtain wall will include slip joints to accommodate for structural steel deflection. • Services will include the following: o Schematic Design: Determine load criteria establish grid system and locate columns and main beam lines, initial layouts for framing at all levels and foundation, preliminary sizing of structural members for architectural coordination, issue 33% progress set. o Design Development: Calculations for vertical load carrying system and size vertical load components. Rough out lateral system. Rough out curtain wall framing. Provide basic detailing and issue 67% progress set for coordination with architectural and mechanical. o Construction Documents: Fine tune vertical design, carry out lateral design, complete detailing for vertical and lateral systems, issue bid set, respond to questions during bidding, incorporate any value engineering and issue 100% construction documents. Mechanical Engineering Basic Services – Stipulated Sum Mechanical engineering design services will consist of the following: • Computer simulation to determine heat loss heat gain for the building. Provide Comcheck submittal to show compliance with energy codes. • Plan HVAC for all interior spaces. Mechanical systems to be determined during Schematic Design planning. Initial systems would include VRF heat pumps for heating and cooling the office spaces. Backup electric heating may be utilized in select locations. • Design air systems for code ventilation based upon occupancy numbers provided by Architect. Likely utilize energy recovery ventilation (ERV) units for ventilation to air distribution systems • Plan Exhaust fan or ERV bathroom exhaust • Provide mechanical specifications on the drawings & state mechanical systems sequence of control. Plumbing Engineering Basic Services – Stipulated Sum Plumbing engineering design services will consist of the following: • Domestic hot water system • Hot and cold water piping distribution • Waste and vent system design • Plan roof drains as located by architect, route risers to drainage • Schedule and coordinate plumbing fixtures and trim, selection of fixtures is by architect • Design connection to water, and sewer utilities based upon a certified utility location plan, which includes sewer inverts DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 Freedom Park Government Services Building [5] Electrical Engineering Basic Services – Stipulated Sum Electrical engineering services will consist of the following: • Plan convenience power outlets • Power connections to mechanical equipment • Power connections to Owner equipment • Power to lighting • Provide planning for the telephone and computer networks. Planning will include punch panels, raceway, wire and terminations. • Provide raceway and power planning for the security, camera, door access, card readers, public address. Planning will be completed using shop drawings of the respective system. • Provide design-build planning for the fire alarm system for this project • Design the interior and building mounted exterior lighting systems. Plan pole lighting as required at parking and entry. Provide photometrics if required, Comcheck submittal to show compliance with energy codes. Design the lighting circuiting and controls. • Plan exit and egress lighting throughout • Plan power to car charging as dictated by owner. • Plan heat trace at locations designed by architect. • Plan power to modular residential units • Plan the electrical distribution. Complete load, short circuit and voltage drop calculations. Provide panel schedules and one-line diagram. Incorporate solar planning into the electrical distribution, solar planning by others. • Plan diesel emergency generator power system to power o IT o HVAC System - specifically heating systems to prevent freezing and other issues o Pathway lighting o Exterior Doors/Matrix Lock o Security Systems o Voting System o Public Health vaccine refrigeration CONSTRUCTION PHASE SERVICES Architectural Construction Phase Services – Stipulated Sum Included in Architectural Basic Services Civil Engineering Construction Phase Services – Time & Materials Basis • Select OAC meetings • Construction observation • ERWSD: final acceptance, as-builts • Review submittals, respond to RFIs Landscape Architect Construction Phase Services – Time & Materials Basis • Construction observation • Review submittals, respond to RFIs DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 Freedom Park Government Services Building [6] Structural Engineering Construction Phase Services – Time & Materials Basis • Construction observation • Review submittals (mix designs, rebar shop drawings, structural steel shop drawings, joist and deck shop drawings, steel stud curtain wall package, interior light gauge package, steel stairs, miscellaneous metals) • Respond to RFIs MEP Engineering Construction Phase Services – Time & Materials Basis • Construction observation • Review shop drawings • Respond to RFIs • Review generator load bank test • Review test and balance report ADDITIONAL SERVICES Geothermal Loopfield Planning – Time & Materials Basis Utilize geothermal heat pumps in lieu of air source heat pumps for heating and cooling plants. Subcontract a geothermal consultant to provide loopfield design, consisting of vertical loops drilled down into the earth. Lightning Protection System – Stipulated Sum Electrical Engineer will work with a Lightning Protection vendor to specify lightning rods or similar lightning protection system. Commissioning of Mechanical Systems – Time & Materials Basis Commissioning of mechanical systems. Maintenance plan and documents to be provided by mechanical contractor but will be reviewed by engineer (SGM). Construction Testing/Special Inspections – Time & Materials Basis Observe foundation bearing soils for the individual buildings, perform part time observation and testing of earthwork operations, sampling and testing of fresh concrete, pavement subgrade observation and proof-rolling, inspection and testing of shop and field made structural welds and high strength bolt connections, and sampling and testing of hot bituminous pavement materials. Results of the services will be presented in daily reports. Limitation of Liability Clause applies. 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, necessarily incurred: • Transportation and living expenses in connection with out-of-town travel • One-way travel time for Menendez Architects for site meetings • Delivery, messengers and courier services • Expenses of printing and other forms of reproductions of drawings and documents • Fees paid for all necessary approvals and permits from all governing authorities • Expenses of renderings and mock-ups requested by Owner beyond those included in the Proposal • Services of consultants not specifically included in Proposal DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 Freedom Park Government Services Building [7] Exclusions: The general scope of Basic Architectural and Engineering Services described in this proposal excludes the following (these services are either not requested or not required for this project, or are to be provided by others): • Subsurface Study for Foundation Design (this work has already been completed) • Percolation test for drainage design • Geological study • Architectural design and drawings of residential buildings • Engineering (structural and MEP) of residential buildings • Detailed irrigation design not included in Landscape Architect Basic Services • Estimate of Probable Cost • Engineering of soil nailing, slope stabilization, temporary or permanent shoring, etc. • Subdivision Plat • Offsite roadway and/or drainage improvements • Utility Impact Report • Fire flow testing • Environmental impact study • Community outreach efforts • Deep foundation system design • Geothermal test wells/drilling • Fire sprinkler system (to be design-build) • Wiring schematics for mechanical controls • Acoustical engineering • Sound and security systems • Audio/Video and building automation design. • Energy management system • LEED and sustainability services Additional Services: Additional Services shall be compensated on a Time and Materials Basis per Menendez Architects’, and its consulting engineers’, Wage Rate Schedules. Fee Summary SERVICE FEE Architectural Support Services for Location & Extent process and Residential related work (fixed fee) $11,200 Land Use Services by land use consultant (fixed fee) $25,080 Traffic Study (budget amount for time & materials basis) $7,500 DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 Freedom Park Government Services Building [8] Architectural & Engineering Wage Rate Schedule 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 Professional Engineer $220 Project Manager $180 Project Engineer $150 Engineer $130 Office Technician $90 Architectural & Engineering Basic Services (fixed fee) $911,214 Construction Phase Services Architectural Construction Phase Services (CPS) (included in Basic Services) $0 Civil Engineering CPS (budget amount for time & materials basis) $24,750 Landscape Architect CPS (budget amount for time & materials basis) $26,700 Structural Engineering CPS (budget amount for time & materials basis) $27,600 MEP Engineering CPS (budget amount for time & materials basis) $29,700 Total for budget purposes for Construction Phase Services $108,750 Additional Services Geothermal Loopfield Planning (budget for time & materials basis) $22,000 Lightning Protection (Stipulated Sum) $5,500 Commissioning of Mechanical System (budget for time & materials basis) $16,000 Special Inspections (budget for time & materials basis) $43,350 Total Additional Services $86,850 Total Fixed Fees and Budget Amounts for Project $1,150,594 DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 Freedom Park Government Services Building [9] Attendance at Public Hearings/Meetings $300 Landscape Architect & Land Use Planner Consultant Principal $210 Associate Principal $170 Senior Associate $145 Associate $135 Senior Designer $125 Designer $115 Administrative $75 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 CONSTRUCTION TESTING/SPECIAL INSPECTIONS See attached Architect: _________________________ Date: 05-04-23 Luis A. Menendez Owner: _________________________ Date: ________ 715 W. Main Street , Suite 104 Aspen, CO 81611 voice: 970.544.4851 email:LAM@MenendezArchitects.com DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 11 Eagle County Prof Services Final 8/15/2022 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 8266607B-72B0-424A-9077-4A71418CF640 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: 8266607B-72B0-424A-9077-4A71418CF640