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PSA for Owner's Representative Services - Avondale Apts2023 Professional Service Agreement For Owner's Representative Services (“Avondale Apartments – Lot 5 Employee Housing”) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) dated as of July 26, 2023, is entered into by and between Dynamic Program Management, LLC, a Limited Liability Company of the State of Colorado, whose business address is PO Box 726, Eagle, CO 81631, (“Contractor”) and the Town of Avon, Colorado, a home rule municipality of the State of Colorado (“Town” and, together with the Contractor, “Parties”). RECITALS AND REPRESENTATIONS WHEREAS, the Town desires to have performed certain professional services as described in this Agreement; and WHEREAS, the Contractor represents that the Contractor has the skill and ability to perform the services described in this Agreement and within the deadlines provided by the Agreement; and WHEREAS, the Town desires to engage the Contractor to provide the services described in this Agreement subject to the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the Parties mutually agree as follows: 1. SERVICES AND CONTRACTOR PERFORMANCE 1.1. Services and Work Product. As directed by and under the supervision of the Town Manager for the Town of Avon, the Contractor shall provide the Town with the services described in Exhibit A, attached hereto and incorporated herein (“Services”). For purposes of this Agreement, “Work Product” shall consist of deliverables and/or product to be created, provided, or otherwise tendered to the Town as described in the Services. 1.2. Changes to Services. At any time, the Town may request a change or changes in the Services. Any changes that are mutually agreed upon between the Town and the Contractor shall be made in writing and upon execution by both Parties shall become an amendment to the Services described in this Agreement. To be effective, any written change must be signed by the Contractor and by the Avon Town Council (“Town Council”). 1.3. Independent Contractor. The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the Town other than as a contracting party and Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 1 of 16 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 2 of 16 independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or representatives, including coverage or benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability insurance, errors, and omissions insurance; or retirement account contributions. 1.4. Standard of Performance. In performing the Services, the Contractor shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing in the State of Colorado. Contractor represents to the Town that the Contractor is, and its employees performing such Services are, properly licensed and/or registered within the State of Colorado for the performance of the Services (if licensure and/or registration is required by applicable law) and that the Contractor and employees possess the skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. 1.5. Safety. When and to the extent that Contractor or any of its employees, agents, or subcontractors are working under the terms of this Agreement, Contractor will comply, and cause all its employees, agents, and subcontractors to comply, with applicable safety rules and security requirements. 1.6. Qualified Personnel. Contractor will make available all qualified contractors and clerical personnel necessary to fulfill its obligations under this Agreement. Prior to commencement of work, Contractor will provide Town with the names of all Contractor personnel and their then current hourly rates, if applicable, whose services are to be employed in performance of the Services. Removal or re- assignment of personnel by Contractor will only be done with prior written approval of Town. 1.7. Removal of Personnel by Town. Town may, in its discretion, require Contractor to dismiss from performance of the Services any personnel of Contractor or any subcontractor for any reason, effective upon written notice from Town of such dismissal. Town will not be required to pay salary, or any other costs associated with dismissed personnel effective upon Contractor’s receipt of notice to dismiss from Town. 1.8. Representations and Warranties. Contractor represents and warrants that the Services will be performed in a manner consistent with other reasonable professionals providing similar services under similar circumstances. Contractor will complete the Services in accordance with the Agreement and applicable United States laws, regulations, ordinances, and codes in existence at the time the Agreement is executed. 1.9. Maintenance of and Access to Records. Contractor will maintain detailed records of all matters relating to the Services during the term of the Agreement and for a period after its cancellation or termination of not less than five (5) years. Town will have the right to copy and audit during regular business hours all records of any kind which in any way related to the Services, whether created before, during, or after the termination of this Agreement. Access to such records will be provided to Town at no cost. 1.10. Colorado Open Records Act. The parties understand that all material provided or produced under this Agreement may be subject to the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. In the event of the filing of a lawsuit to compel such disclosure, the Town shall inform the Contractor and will DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 3 of 16 tender all such material to the court for judicial determination of the issue of disclosure and the Contractor agrees to intervene in such lawsuit to protect and assert its claims of privilege and against disclosure of such material or waive the same 1.11. Disclosure of Adverse Information. Contractor will promptly disclose to Town any and all information which Contractor may learn, or which may have a material adverse impact on the Services or the Work Product or Town’s ability to utilize the Work Product in the manner and for the purpose for which the Work Product is intended. 2. COMPENSATION 2.1. Commencement of and Compensation for Services. Following execution of this Agreement by the Town, the Contractor shall be authorized to commence performance of the Services as described in Exhibit A subject to the requirements and limitations on compensation as provided by this Section 2.0 COMPENSATION and its Sub-Sections. A. For Time and Materials Task Orders. The CONTRACTOR shall perform the Services and shall invoice the TOWN for work performed based on the rates described in Exhibit B. B. Reimbursable Expenses. The following shall be considered “Reimbursable Expenses” for purposes of this Agreement and may be billed to the Town without administrative mark-up but which must be accounted for by the Contractor and proof of payment shall be provided by the Contractor with the Contractor’s monthly invoices: • Vehicle Mileage (billed at not more than the prevailing per-mile charge permitted by the Internal Revenue Service as a deductible business expense) • Printing and Photocopying Related to the Services • Charges incidental to securing needed information (e.g., charges imposed to obtain recorded documents) • Postage and Delivery Services • Lodging and Meals (only with prior written approval of the Town as to dates and maximum amount permitted) C. Non-reimbursable Costs, Charges, Fees, or Other Expenses. Any fee, cost, charge, penalty, or expense incurred by the Contractor not otherwise specifically authorized by this Agreement shall be deemed a non-reimbursable cost and shall be borne by the Contractor and shall not be billed or invoiced to the Town and shall not be paid by the Town. D. Increases in Compensation or Reimbursable Expenses. Any increases or modification of compensation or Reimbursable Expenses shall be subject to the approval of the Town and shall be made only by written amendment of this Agreement executed by both Parties. 2.2. Payment Processing. The Contractor shall submit invoices and requests for payment in a form acceptable to the Town. Invoices shall not be submitted more often than once each month unless otherwise approved by this Agreement or in writing by the Town. Unless otherwise directed or accepted by the Town, all invoices shall contain sufficient information to account for all Contractor time (or other DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 4 of 16 appropriate measure(s) of work effort) and all authorized Reimbursable Expenses for the Services during the stated period of the invoice. Following receipt of a Contractor’s invoice, the Town shall promptly review the Contractor’s invoice. 2.3. Town Dispute of Invoice or Invoiced Item(s). The Town may dispute any Contractor time, Reimbursable Expense, and/or compensation requested by the Contractor described in any invoice and may request additional information from the Contractor substantiating any and all compensation sought by the Contractor before accepting the invoice. When additional information is requested by the Town, the Town shall advise the Contractor in writing, identifying the specific item(s) that are in dispute and giving specific reasons for any request for information. The Town shall pay the Contractor within forty-five (45) days of the receipt of an invoice for any undisputed charges or, if the Town disputes an item or invoice and additional information is requested, within thirty (30) days of acceptance of the item or invoice by the Town following receipt of the information requested and resolution of the dispute. To the extent possible, undisputed charges within the same invoice as disputed charges shall be timely paid in accordance with this Agreement. Payment by the Town shall be deemed made and completed upon hand delivery to the Contractor or designee of the Contractor or upon deposit of such payment or notice in the U.S. Mail, postage prepaid, addressed to the Contractor. 3. CONTRACTOR’S GENERAL RESPONSIBILITIES 3.1. The Contractor shall become fully acquainted with the available information related to the Services. The Contractor is obligated to affirmatively request from the Town such information that the Contractor, based on the Contractor’s professional experience, should reasonably expect is available and which would be relevant to the performance of the Services. 3.2. The Contractor shall perform the Services in accordance with this Agreement and shall promptly inform the Town concerning ambiguities and uncertainties related to the Contractor’s performance that are not addressed by the Agreement. 3.3. The Contractor shall provide all the Services in a timely and professional manner. 3.4. The Contractor shall promptly comply with any written Town request from the Town or any of the Town’s duly authorized representatives to reasonably access and review any books, documents, papers, and records of the Contractor that are pertinent to the Contractor’s performance under this Agreement for the purpose of the Town performing an audit, examination, or other review of the Services. 3.5. The Contractor shall comply with all applicable federal, state, and local laws, ordinances, regulations, and resolutions. 3.6. The Contractor shall be responsible at the Contractor’s expense for obtaining, and maintaining in a valid and effective status, all licenses and permits necessary to perform the Services unless specifically stated otherwise in this Agreement. 3.7. Scope of Authority a. Contractor shall have no liability or responsibility to Owner or any third party (i) by reason of the failure on the part of Owner’s architects, engineers, contractors (not including Contractor or Contractor's agents, representatives, officers or employees), or subcontractors (not including DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 5 of 16 Contractor's subcontractors) to furnish required labor, materials, supplies or services in accordance with their respective contracts, obligations or undertakings, or (ii) for any defect or omission in plans and specifications for the Project, or (iii) for any negligent act or omission, breach of contract, malfeasance or malpractice of Owner’s architects, engineers, contractors (not including Contractor or Contractor's agents, representatives, officers or employees), or subcontractors (not including Contractor's subcontractors) on the Project; provided nothing herein shall be deemed to modify or abrogate in any manner the duties and responsibilities of Contractor set forth in Paragraph 1.1 of this Agreement. b. Contractor shall in no event be obligated or liable for the duties or responsibilities of the general contractor or design-build contractor. c. All contracts for labor, materials or services to be furnished in connection with the Project shall be made in the name of the Owner (and, subject to compliance with the provisions hereof, shall be executed by Owner), and Owner shall be responsible for all payments required to be made hereunder. 4. TERM AND TERMINATION 4.1. Term. The provision of services under this Agreement shall commence on July 10, 2023 (the “Effective Date”) and will terminate on December 31, 2023 (cumulatively, the “Term”); provided, however, under no circumstances will the Term exceed the end of the current Town Fiscal year (January 1 – December 31). The Contractor understands and agrees that the Town has no obligation to extend this Agreement’s Term or contract for the provision of any future services, and makes no warranties or representations otherwise. Notwithstanding the foregoing; the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town Council and the Contractor and such extension do not alter or amend any of the terms or provisions of this Agreement. 4.2. Continuing Services Required. The Contractor shall perform the Services in accordance with this Agreement commencing on the Effective Date until such Services are terminated or suspended in accordance with this Agreement. The Contractor shall not temporarily delay, postpone, or suspend the performance of the Services without the written consent of the Town Council. 4.3. Town Unilateral Termination. This Agreement may be terminated by the Town for any or no reason upon written notice delivered to the Contractor at least ten (10) days prior to termination. In the event of the Town’s exercise of the right of unilateral termination as provided by this paragraph: A. Unless otherwise provided in any notice of termination, the Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination; and B. All finished or unfinished documents, data, studies, and reports prepared by the Contractor pursuant to this Agreement shall be delivered by the Contractor to the Town and shall become the property of the Town, subject to the ownership restrictions in Section 6.0 of this Agreement; and DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 6 of 16 C. The Contractor shall submit to the Town a final accounting and final invoice of charges for all outstanding and unpaid Services and Reimbursable Expenses performed prior to the Contractor’s receipt of notice of termination and for any services authorized to be performed by the notice of termination as provided by Sub-Section 4.3(A) above. Such final accounting and final invoice shall be delivered to the Town within thirty (30) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. 4.4. Termination for Non-Performance. Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the performing party first provides written notice to the non-performing party which notice shall specify the non-performance, provide both a demand to cure the non-performance and reasonable time to cure the non-performance and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non-performance. For purposes of this Sub-Section 4.4, “reasonable time” shall be not less than five (5) business days. In the event of a failure to timely cure a non-performance and upon the date of the resulting termination for non-performance, the Contractor shall prepare a final accounting and final invoice of charges for all performed but unpaid Services and authorized Reimbursable Expenses. Such final accounting and final invoice shall be delivered to the Town within fifteen (15) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. Provided that notice of non-performance is provided in accordance with this Sub-Section 4.4, nothing in this Sub-Section 4.4 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party. 4.5. Unilateral Suspension of Services. The Town may suspend the Contractor’s performance of the Services at the Town's discretion and for any reason by delivery of written notice of suspension to the Contractor which notice shall state a specific date of suspension. Upon receipt of such notice of suspension, the Contractor shall immediately cease performance of the Services on the date of suspension except: (1) as may be specifically authorized by the notice of suspension (e.g., to secure the work area from damage due to weather or to complete a specific report or study); (2) for the submission of an invoice for Services performed prior to the date of suspension in accordance with this Agreement or (3) as required by law. 4.6. Reinstatement of Services Following Town’s Unilateral Suspension. The Town may at its discretion direct the Contractor to continue performance of the Services following suspension. If such direction by the Town is made within thirty (30) days of the date of suspension, the Contractor shall recommence performance of the Services in accordance with this Agreement. If such direction to recommence suspended Services is made more than thirty-one (31) days following the date of suspension, the Contractor may elect to: (1) provide written notice to the Town that such suspension is considered a unilateral termination of this Agreement pursuant to Sub-Section 4.3; or (2) recommence performance in accordance with this Agreement; or (3) if suspension exceeded sixty (60) consecutive days, request from the Town an equitable adjustment in compensation or a reasonable re-start fee and, if such request is rejected by the Town, to provide written notice to the Town that such suspension and rejection of additional compensation is considered a unilateral termination of this Agreement pursuant to Sub-Section 4.3. Nothing in this Agreement shall preclude the Parties from executing a written amendment or agreement to suspend the Services upon terms and conditions mutually acceptable to the Parties for any period of time. DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 7 of 16 4.7. Delivery of Notice of Termination. Any notice of termination permitted by this Section 4.0 TERM AND TERMINATION and its subsections shall be addressed to the persons identified in Section 9.17 herein and at the addresses provided therein or such other address as either party may notify the other of and shall be deemed given upon delivery if personally delivered, or forty-eight (48) hours after deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested. 5. INSURANCE 5.1. Insurance Generally. The Contractor shall obtain and shall continuously maintain during the Term of this Agreement insurance of the kind and in the minimum amounts specified in this Sub-Section 5.1. The Required Insurance shall be procured and maintained with insurers with an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor. The Contractor shall secure and maintain the following (“Required Insurance”): A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all employees and other persons as may be required by law. Such policy of insurance, if any, shall be endorsed to include the Town as a Certificate Holder. B. Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars for each occurrence and of Two Million Dollars ($2,000,000.00) aggregate. The policy shall be applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees, and agents as additional insured parties. C. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury of not less than of One Hundred Thousand Dollars ($100,000.00) each person and each accident and for property damage of not less than Fifty Thousand Dollars ($50,000.00) each accident with respect to each of the Contractor’s owned, hired and non-owned vehicles assigned to or used in performance of the Services. The policy shall contain a severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such coverage must include all automotive equipment used in the performance of the Agreement, both on the work site and off the work site, and such coverage shall include non-ownership and hired cars coverage. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees, and agents as additional insured parties. D. Professional Liability (errors and omissions) Insurance with a minimum limit of coverage of One Million Dollars ($1,000,000.00) per claim and annual aggregate. Such policy of insurance shall be obtained and maintained for one (1) year following completion of all Services under this Agreement. Such policy of insurance shall be endorsed to include the Town as a Certificate Holder. DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 8 of 16 5.2. Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 5.0 INSURANCE and its subsections, insurance shall conform to all of the following: A. For Required Insurance and any other insurance carried by Contractor (“Contractor Insurance”), all policies of insurance shall be primary insurance, and any insurance carried by the Town, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the Services. The Contractor shall not be an insured party for any Town-obtained insurance policy or coverage. B. For both Required Insurance and Contractor Insurance, the Contractor shall be solely responsible for any deductible losses. C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or property damage arising from completed operations. D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such policy. 5.3. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously maintain policies of insurance in accordance with this Section 5.0 INSURANCE and its subsections shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 5.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the Town applicable certificates of insurance for all Required Insurance. Insurance limits, terms of insurance, insured parties, and other information sufficient to demonstrate conformance with this Section 5.0 INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall reference the “Project Name” as identified on the first page of this Agreement. The Town may request, and the Contractor shall provide within three (3) business days of such request a current certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold payment for Services until the requested insurance policies are received and found to be in accordance with the Agreement. 6. OWNERSHIP OF DOCUMENTS 6.1. Work Product is Property of Town. Upon complete payment for services rendered, the Work Product, as defined in Sub-Section 1.1, shall be deemed work made for hire and made in the course of Services performed under this Agreement and will be the exclusive property of the Town. Town will have DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 9 of 16 unlimited right to make, have made, use, reconstruct, repair, modify, reproduce, publish, distribute the Work Product, in whole or in part, or combine the Work Product with other matter, or not use the Work Product at all, as it sees fit. Any reuse of the Work Product produced under this Agreement for any purpose not directly related to this Agreement will be at the sole risk of Town. 6.2. Obligations of Contractor’s Personnel and Subcontractors. Contractor warrants it has enforceable written agreements with all of its personnel and subcontractors to be involved in performing the Services that: A. assign to Contractor ownership of all patents, copyrights, and other proprietary rights created in the course of their employment or engagement; and B. obligate such personnel or subcontractors, as the case may be, upon terms and conditions no less restrictive than are contained in this Section 6.0 OWNERSHIP OF DOCUMENTS, not to use or disclose any proprietary rights or information learned or acquired during the course of such employment or engagement including, without limitation, any Work Product, all Contractor property and any other information pursuant to this Section 6.0 OWNERSHIP OF DOCUMENTS. 6.3. Assignment of Proprietary Rights. To the extent that any title to any Work Product may not, by operation of law, vest in Town, or such Work Product may not be considered to be work made for hire. 6.4. Town Furnished Information. Title to all materials and all documentation furnished by the Town to Contractor will remain in the Town. Contractor will deliver to the Town any all Work Products and property, including copies thereof on whatever media rendered, upon the first to occur of: A. the Town’s written request; or B. completion of the Services under this Agreement; or C. termination of this Agreement. 6.5. The Contractor waives any right to prevent its name from being used in connection with the Services. 7. CONFLICT OF INTEREST The Contractor shall refrain from providing services to other persons, firms, or entities that would create a conflict of interest for the Contractor with regard to providing the Services pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any Town official or employee that would place the official or employee in a position of violating the public trust as provided by C.R.S. §24-18-109, as amended, the Avon Town Code of Ethics, as amended or the Town’s ethical principles. 8. REMEDIES In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the Town may exercise the following remedial actions if the Contractor substantially fails to perform the duties and obligations of this Agreement. Substantial failure to perform the duties and obligations of DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 10 of 16 this Agreement shall mean a significant, insufficient, incorrect, or improper performance, activities, or inactions by the Contractor. The remedial actions include: 8.1. Suspend the Contractor’s performance pending necessary corrective action as specified by the Town without the Contractor’s entitlement to an adjustment in any charge, fee, rate, price, cost, or schedule; and/or 8.2. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or 8.3. Deny payment for those services which have not been satisfactorily performed, and which, due to circumstances caused by the Contractor, cannot be performed, or if performed would be of no value to the Town; and/or 8.4. Terminate this Agreement in accordance with this Agreement. The foregoing remedies are cumulative and the Town, in its sole discretion, may exercise any or all of the remedies individually or simultaneously. 9. MISCELLANEOUS PROVISIONS 9.1. No Waiver of Rights. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. The Town’s approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of the Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver unless specifically stated. 9.2. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 9.3. Affirmative Action. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 9.4. Americans with Disabilities Act. Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this contract or from activities provided for under this contract. As a condition of accepting and executing this contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. §35.130, and all other regulations promulgated under Title II of The Americans with Disabilities Act. DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 11 of 16 9.5. Binding Effect. The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns; provided that this Section 9.5 shall not authorize assignment. 9.6. No Third-Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant, or sub-contractor of Contractor. Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 9.7. Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Town, and other applicable laws. Upon the failure to appropriate such funds, this Agreement shall be terminated. 9.8. Governing Law, Venue, and Enforcement. This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado, and the parties consent and agree to the jurisdiction of such courts. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 9.9. Survival of Terms and Conditions. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 9.10. Assignment and Release. All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement shall not be assigned by Contractor without the express written consent of the Town Council. Any written assignment shall expressly refer to this Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be effective unless approved by resolution or motion of the Town Council. No assignment shall release the Applicant from performance of any duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment. DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 12 of 16 9.11. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.12. Integration and Amendment. This Agreement represents the entire and integrated agreement between the Town and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Any amendments to this must be in writing and be signed by both the Town and the Contractor. 9.13. Severability. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.14. Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits, applications, or documents referenced in this Agreement shall be incorporated into this Agreement for all purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control. 9.15. Non-Liability of Town for Indirect or Consequential Damages or Lost Profits. Parties agree that the Town shall not be liable for indirect or consequential damages, including lost profits that result from the Town’s declaration that the Contractor is in default of the Agreement, so long as the Town acts in good faith. 9.16. Indemnity. To the fullest extent permitted by law, Contractor shall indemnify and defend the Town, its members, affiliates, officers, directors, partners, employees, and agents (collectively referred to as the “Town” for the purposes of this Section 9.16) from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorney’s fees (collectively referred to “Losses”), arising out of the performance of the Services, provided that (a) any such claim, damage, loss or expense is caused by any negligent act or omission of (i) Contractor, (ii) anyone directly or indirectly employed by Contractor or (iii) anyone for whose acts Contractor may be liable; and (b) such indemnification shall not apply to the extent that such Losses are caused by the negligence of the Town or other party indemnified hereunder. The indemnification in this Section 9.16 shall be construed to comply with C.R.S. § 13-50.5- 102(8) et. seq. 9.17. Notices. Unless otherwise specifically required by a provision of this Agreement any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth below or at such other address as has been previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when deposited in the United States Mail and properly addressed to the intended recipient. Written notice may also be provided by electronic mail which shall be deemed delivered when receipt is acknowledged by reply of the recipient. If to the Town: If to the Contractor: Town of Avon Eric Heil, Town Manager Dynamic Program Management, LLC Colleen Kaneda, Manager DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 13 of 16 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 eheil@avon.org Post Office Box 726 Eagle, Colorado 81631 colleen.kaneda@dynamicpm.com With Copy to: Town Attorney Karl J. Hanlon Karp Neu Hanlon, P.C. P.O. Box 2030 Glenwood Springs, CO 81602 kjh@mountainlawfirm.com Matt Pielsticker Avon Planning Director 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 matt@avon.org 10. AUTHORITY The individuals executing this Agreement represent that they are expressly authorized to enter into this Agreement on behalf of Town of Avon and the Contractor and bind their respective entities. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK-SIGNATURE PAGE FOLLOWS] DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 14 of 16 THIS AGREEMENT is executed and made effective as provided above. TOWN OF AVON CONTRACTOR By: ____________________________________ By: _____________________________________ Name: Matt Pielsticker Name: Colleen Kaneda Title: Planning Director Title: Manager APPROVED AS TO FORM: ______________________________________ Karl Hanlon, Town Attorney DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 7/29/20238/3/2023 8/3/2023 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 15 of 16 EXHIBIT A (“Services”) DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 LETTER OF INTEREST Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES AVONDALE APARTMENT PROJECT Lot 5 Employee Housing OWNER’S REPRESENTATIVE SERVICES PROPOSAL June 26, 2023 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES TABLE OF CONTENTS Letter of Interest 1 SECTION A – Firm Background 2-5 SECTION B – Project Experience 6-7 SECTION C – Background & Resources 8-10 SECTION D – Programming 11 SECTION E – Procuring Talent 12 SECTION F – Accurate Estimates 13-15 SECTION G – Budget Management 16 SECTION H – Quality Control 17-22 SECTION I – Resumes 23-28 SECTION J – Overall Management Approach 29-30 SECTION K – References 31-32 SECTION L – Fee Schedule 33 SECTION M & N – Reservations, Conditions, or Constraints & Litigation 34 SECTION O – Differentiators 35 SECTION P – DPM PSA APPENDIX DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 LETTER OF INTEREST Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES June 26, 2023 Town of Avon 100 Mikaela Way PO Box 975 Avon, CO 81620 Dear Mr. Pielsticker and Selection Committee, Dynamic Program Management (DPM) is pleased to submit our proposal to serve as the Town of Avon’s Owner’s Representative managing the Avondale Apartment project. Our team of Owner’s Representative professionals has extensive experience managing housing projects, like Avondale Apartments, specifically in the Eagle River Valley. Providing owner’s representation to mountain-based municipalities and organizations is our passion. DPM brings over 100 collective years of experience in the construction industry, and we have successfully delivered dozens over the past decade in Western Colorado. The team members proposed for this project have worked together on many housing projects and have a nuanced understanding of the elements to properly manage this project type. Program Approach Our approach is orchestrating partners and stakeholders committed to the Town of Avon. DPM will work relentlessly to deliver on the promises made to the Avon community to professionally execute the Town’s goals to provide staff housing units. Working in cooperation with the architecture firm and the chosen general contractor, we will create a team atmosphere to work collaboratively to focus solely on the Town’s guiding principles to deliver a project in which the Town and community will be proud. Our team has a personal understanding of the importance of delivering this project in a fiscally responsible manner and set the project up for the next phase. DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 LETTER OF INTEREST Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Primary Contact I will be your main point of contact from project kickoff through warranty. Please find all my contact details below. We have assembled a team of experts: Reilly O’Brien, Todd Raper, Katie Droxler, and myself. Our team has worked side-by-side for many years delivering civic facilities, housing developments, and pk- 12 school projects. We do not believe you could find a team with more experience in mountain-based projects with the passion and commitment as ours. The Town of Avon has patiently waited for a housing development, like Avondale Apartments. You have our personal and professional commitment. We will remain by your side as your trusted advisor to make this process go smoothly, be enjoyable, and leave the community with a facility in which they can be incredibly proud. It has been exciting to watch the momentum for this project come to fruition, and we want to be part of Avon’s future! Sincerely, Colleen Kaneda, Ph.D., PE, LEED® AP BD+C Principal| Dynamic Program Management P: 970.390.0312| E: Colleen.Kaneda@Dynamicpm.com WHY US? ›Refined management platform and tools ›Proven financial and scheduled proactive management ›Unmatched Western Slope construction expertise ›Company is based in Eagle, Colorado, with all team members residing in Western Slope communities ›Seasoned team of Project Managers who enjoy what they do ›Expertise in facilitating community- based input in the Eagle River Valley DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 LETTER OF INTEREST Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Avondale Apartments - architectural renderings from owner documentation. Dynamic Program Management 0210 Longview Ave., Eagle CO 81631 970.390.0312 Colleen.Kaneda@Dynamicpc.com none Owner June 26, 2023 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION AFIRM BACKGROUND Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES DPM office Locations Eagle Oak Creek Grand Junction Glenwood Springs DPM team is an Eagle-based Owner’s Representative company built on talent, experience, and commitment to community building. QUESTION A – Firm Background Provide background information about your firm, including specific information regarding the dynamics over the last 5 years regarding ownership, size and growth, office and staffing locality. Dynamic Program Management was founded in 2019 by seasoned industry professionals to provide an Owner’s Representative services fully engaged on the ground and focused on managing the daily tasks to keep projects on schedule and within budget while keeping big-picture goals in mind. 5 business principles from which we manage projects: › Creative Problem Solving › Team Building › Integrity › Love of Learning › Tenaciousness Our client-centric service model is at the heart of our guiding mantra when navigating difficult decisions: “Is it fair? Is it right? Is it reasonable?” Using proven financial, schedule, and project management tools, clients receive customizable financial reporting and accurate milestone dates. By streamlining communications, we eliminate the owner’s need to look for project information. Growth in Last 5 Years Since 2019, DPM has managed over $600M in project construction value for public entities and grown from a single- person company to currently employing 7 FTEs. DPM is owned by Colleen Kaneda. Senior leadership includes a lifelong commercial general contractor, a leader with a Ph.D. in engineering, and another with M.S. in Engineering. To ensure DPM staff has access to affordable housing for employees, a reservation is in place to purchase two deed-restricted workforce housing units in the Timber Ridge Redevelopment in Vail. 1 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION BPROJECT EXPERIENCE Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION B – Project Experience Provide the description of 3 recent projects within the last 5 years and describe your experience in providing owner’s rep services as well as projects for municipal or special districts. For each project please provide the following a. Project Name b.Project Owner in addition to reference name and contact information c.Brief Project Description d.Project Location e.Project Budget f.Date of Completion g.Project budget and Schedule Adherence h.DPM confirms that none of our projects has, or have ever had, “Any conflicts, claims or pending or realized litigation on said projects.” DPM has a lengthy history of providing owner’s representative services to municipalities and special districts. In addition to the three projects examples on the following pages, please reference the Appendix for a more complete list of project experience. Our staff is passionate about projects that enhance communities. We enjoy working alongside the committed professionals who dedicate their work to improving housing, schools and municipal services. Roaring Fork School District Staff Housing – 3rd Street, Carbondale 2 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION BPROJECT EXPERIENCE Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Attainable Student Housing - Colorado Mtn College BRECKENRIDGE, EDWARDS, GLENWOOD SPRINGS, STEAMBOAT SPRINGS, COLORADO In 2021, Colorado Mountain College (CMC) selected DPM to provide Owner’s Representative services for multiple attainable student housing projects on four CMC campuses. CMC’s multiple dormitories had reached capacity and CMC identified the need for additional safe and affordable student housing for students who also contribute to the local mountain workforce. The College issued Certificates of Participation to fund the housing on the Spring Valley, Steamboat Springs, Edwards and Breckenridge campuses. The program includes a total of 180 units across four campuses in mountain communities. The five 36-unit buildings consist of twelve 2-bedroom units and 24 studio apartments. Our team has provided full Owner’s Representative services from project initiation through closeout and are often on site helping the construction progress. DPM managed the procurement process, utility, permitting, design and eventual Guaranteed Maximum Price by the CM/GC. All buildings are all electric to support CMC’s sustainability goals. Students will occupy the new units in August of 2023. The program gained interest from local municipalities; Eagle County has jumped at the opportunity to fund an additional building on the Edwards campus. With the success so far of this program, there is a discussion of a second phase build-out at other campuses in collaboration with other local government entities. DPM Principal, Colleen Kaneda, began working with CMC in 2012, assisting in-house staff in managing various projects, including the new Academic Center on the Steamboat Springs Campus. Colleen oversaw the construction and close-out of this modern instructional facility with inspired common area collaboration spaces. This facility has been instrumental in attracting and retaining students and faculty to that campus. Additionally, our team members provided Owner’s Representative services at the mixed-use 8th and Cooper (now Morgridge Commons) redevelopment in Glenwood Springs and Get Outdoors Leadville! (GOL!) Gear Library at the Leadville Campus. REFERENCE: Sean Nesbitt, Director of Facilities Colorado Mountain College P: 303.499.0517 scnesbitt@coloradomtn.edu BUDGET: $50M (On Budget) TEAM MEMBERS: Colleen Kaneda, Reilly O’Brien, Todd Raper, Katie Droxler COMPLETED: To be completed Summer 2023 SCHEDULE ADHERENCE: 2023 – Currently on schedule 3 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION BPROJECT EXPERIENCE Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Staff Housing - Roaring Fork School District BASALT, CARBONDALE AND GLENWOOD SPRINGS, COLORADO Roaring Fork School District’s (RFSD) workforce housing program is a leader in the State and the Nation to provide affordable housing to retain high-quality staff in a high-cost of housing area. Since 2014, DPM has worked with the Roaring Fork School District (RFSD) on a handful of staff housing projects totaling 115 units. In November 2015, voters passed a bond measure to support the facilities’ upgrades and improvements. The 2015 school facilities bond included $18M in funding for staff housing, which was used to build, develop, or acquire 66 units of staff housing equally spread between the three communities RFSD serves: Glenwood Springs, Carbondale, and Basalt. Colleen Kaneda and Reilly O’Brien provided Owner’s Representative services for all bond projects, including the staff housing, with a program total of $151M when they were with a different firm. They created the developer RFQ/P for a PPP for a portion of the housing units in Glenwood Springs. In Carbondale, Colleen and Reilly managed procurements and the ground-up construction for the District- owned property. Additional management services were provided to assist RFSD in processing the housing guidelines and the procurement of a property manager. In 2023, RFSD will construct an additional 50 staff housing units in Carbondale funded with a combination of revenue from current staff housing and a Certificate of Participation. The staff housing revenues were planned to be used to reinvest in staff housing stock and that plan is now coming to fruition. DPM was hired, sole-sourced, to provide full Owner’s Representative Services for the new housing units in Carbondale. The project is currently in design and scheduled for a Summer 2023 construction start. REFERENCE: Roaring Fork School District Jeff Gatlin, Former COO, 970.319.9082 BUDGET: 2015 Bond $18M, 2022 Housing - $28M 2015 - Completed on budget 2022 – Currently on budget TEAM MEMBERS: Colleen Kaneda Reilly O’Brien COMPLETED: Dates of Service: November 2015 to August 2018 June 2022 to August 2024 (target) SCHEDULE ADHERENCE: 2015 - Completed on schedule 2024 – Currently on schedule 4 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION BPROJECT EXPERIENCE Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Staff Housing & Academic Center Expansion LEADVILLE, CO | HIGH MOUNTAIN INSTITUTE Founded in 1995, the High Mountain Institute (HMI) is a private, non-profit school providing outdoor education semesters, or gap years, for high school-aged students across the nation. Over the years, HMI has continued to grow its curriculum and campus from 40 to 80 acres. Their growth required additional support facilities and they selected Dynamic Program Management to serve as its Owner’s Representative managing the design and construction of faculty housing --a 4-Plex multi-family building, three single-family homes and a 3-plex multi- family building —and a new Academic Center. While not certified as net-zero, HMI’s campus is powered by on-site solar that power heat pumps as their primary source. DPM managed the augmentation of their photo voltaic solar generation capacity. DPM also oversaw the improvement work done to their water and wastewater systems to increase on-site water treatment capabilities. The on-site waste-water plant and wood burning stoves for supplemental heat. HMI is nearing completion of the last phase to provide on-campus staff housing to meet their goals of staff attraction and retention in a Colorado mountain town. REFERENCE: Em Ducharme, CFO High Mountain Institute P: 303.741.6116 educaharme@hminet.org BUDGET: $4.2M TEAM MEMBERS Colleen Kaneda, Reilly O’Brien COMPLETED: 4-Plex: 2021 Single Family Homes: 2023 3-Plex: 2024 (targeting) SCHEDULE ADHERENCE: Completed on Schedule 2024: Currently on Schedule 5 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION C BACKGROUND & RESOURCES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION C –Background & Resources Include detailed information on the consultant’s background and experience as it relates to the scope of services, including capacity to provide resources necessary. Background After over a decade in Eagle County working for both residential and commercial general contractors (2000-2012), in 2012, DPM founder, Colleen Kaneda, moved into Owner’s Representative role by working for a smaller Denver-based firm charged with growing the mountain/Western Slope presence; in 2013 the company was acquired by a large publicly traded corporation. In 2019, supported by a close network of colleagues and now staff, Colleen established Dynamic Program Management. Many of the clients that the current team served previous to DPM, went on to select the DPM team to serve as their Owner’s Representative on subsequent programs of renovation and new construction work. Experience During her time as Project Director for the national Owner’s Representative firm, Colleen Kaneda was responsible for the Colorado Mountains/Western Slope territory managing 10 project managers in delivering approximately $1Billion of projects in 7 years. Colleen holds a Ph.D., M.S. and B.S. in Civil Engineering and is a licensed Professional Engineer in Colorado. Before coming on board with DPM, Quality Assurance/Quality Control Director, Todd Raper, a Colorado native, spent over 20 years working in California, Texas and Colorado for a one of the world’s largest general contractors and is known for his never-ending construction knowledge. Reilly O’Brien, Senior Project Manager, has worked with Colleen for a decade, primarily on publicly- funded projects throughout Colorado resort and Western Slope communities. Katie Droxler, an Eagle County local, spent 8 years as a paralegal professional for a local law firm. Her knowledge of local entitlement processes, real estate, and exceptional organizational skills allow DPM to provide meticulous document management to our clients. 6 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION CBACKGROUND & RESOURCES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Resources DPM’s management platform and staffing structure are designed to ensure a team of project managers are assigned to each project. This successful model allows for all team members to be up to speed on all project facets so that there are no gaps in the event of staff illness or vacation. As project needs ebb and flow, our team has the ability to leverage additional resources as needed to make sure nothing slips through the cracks. Our team utilizes sophisticated budget management software, scheduling software, cloud based document control systems and a detailed field report mobile application. Capacity By having seven experienced project managers based on the Western Slope, we have proper staff coverage redundancies and flexible support to guarantee every client meeting, site visit, and deadlines are met. The timing of the Avondale project is perfect for our proposed team as several current projects will be in the close-out phase by August of 2023. “I don’t know if you are going with an owner’s representative. We did and hired Dynamic Program Management, owned by Colleen Kaneda in Eagle, Colorado. We haven’t regretted it!.” Blaine Hall, Chief of Police, Montrose Police Department DPM Cash Flow Projection for Multiple Public Montrose Police Station 7 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION D PROGRAMMING Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION D – Programming Provide a detailed description of how your firm has worked with clients to refine the programming of the project to help ensure that the built project meets the needs of the client in a cost-effective manner. Setting up a clear and transparent framework for program refinement is important. DPM will work with the Town to continue the work done to weigh design and construction options and opportunities with participation from the Town of Avon, the architecture team and the community at large. Proven success with publicly funded projects by defining three key groups of people: the Executive Team, the Design Advisory Group (DAG) and the User Groups: Individuals may be included in more than one group in many cases depending on their role within the Town. The Executive Team is typically comprised of the Town Manager, Town Directors (Engineering, Public Works, Community Development), one or two Town Council members, Business Manager, and Facilities Manager. This group sets the program’s core values and is the ultimate decision-making team. The Executive Team attends the DAG meetings and some User Group meetings to listen to feedback. They meet weekly throughout the program and dedicate a lot of time to the program. The DAG usually includes community members, building user representatives, key staff and community members. This group meets with the Design Team during the initial design phases to provide high- level feedback on design ideas and progress. They are generally analyzing and directing the design at a 30,000-foot level. This group has a large time commitment for the first few months of the program. It is critical for DAG members commit to attend all meetings, so they are informed of current progress. Most DAG groups meet in the evenings to ensure the participation of various community members. The User Groups are comprised of individuals who will use the building daily. Once the general design direction is set by the DAG, the User Groups meet with the Design Team to provide feedback about individual spaces. The potential tenants for this project would include various Town employees and their feedback for the living spaces will be valuable to finalize the design process. Grand Junction High School Replacement “As a member of the Executive Committee, I appreciate, and want to thank you for, the professionalism and integrity displayed by DPM throughout this process.” Eric Nilsen, Facilities Director (retired) Mesa County Valley School District 51 8 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION D PROGRAMMING Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Typically, the User Groups meetings can be scheduled during the day. Many User Groups will only meet one time for a couple of hours with the Design Team while other User Groups may need several sessions. It is our assumption based on reading the Town Council packet from this past spring that staff has had some opportunities for feedback during the planning process and conceptual design and we hope the User Groups can build upon the process already completed with the conceptual design to take a deeper dive into the details of the functionality of the end product. All three of these groups are integral to the design input process so many voices can be heard and the Town’s Design Team can blend all the best ideas together into a program in which the district and the community can be proud. COMMUNITY OUTREACH Our team is ready to represent the Town of Avon at community events to discuss the importance and benefits of the project. An effective approach is attending the civic group meetings or hosting an open house to convey competence in managing the program and collecting feedback. We find these meetings helpful during the design phase to build trust and demonstrate transparency in the process with the community. While not requested in the RFP, DPM has the in-house capacity and staff expertise to provide public information and communications services if the Town desires. 9 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION D PROGRAMMING Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES DESIGN ITERATIONS Given our current construction cost escalation environment, it is important for the owner to have multiple options when approaching a project like the Avondale Housing Project. There will be many difficult decisions regarding programming, quality, budget, and schedule. This may lead to more iterations of design, but balances the careful tightrope of staying within budget goals. Based on recent budget successes for local projects, DPM would recommend having several high-level design alternates moving into the Schematic Design phase. From those options, the program should be refined with cost information, staff and community feedback from the groups outlined above. As the top two or three program options continue to be developed, we recommend each design have a base scope of work and add alternates defined early. Throughout the design and preconstruction process, the owner can clearly understand the costs of the base scope that needs to be completed and add alternates that can be incorporated as budget risk is reduced over time. One example of many that will be key to the Avondale housing project, is the design team should present several options for HVAC systems in which to analyze. The analysis includes first cost, life cycle cost and sustainability goals. All the information should be presented to the owner clearly so the owner can prioritize the cost and life cycle impacts of the decision. All team members need to be held accountable during this important refinement and prioritization phase. DPM will be by your side as your advisor to ensure the Town and community is being heard and important questions are being answered. “…they went above and beyond presenting regular school board reports, developing positive ongoing relationships with our newspapers, offering tours to the public, participating in community organization meetings, sponsoring significant events and supporting local contractors and businesses.” Dr. Wendy Wyman, (Former) Superintendent, Lake County School District 10 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION E PROCUREMENT Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION E – Procuring Talent with Reduced Risk Provide a detailed description of how your firm has supported the procurement of design and construction talent so as to reduce risk and cost for the client and deliver projects on time and on budget. ›Ensure as many firms as possible are informed of the public RFQ/P posting via local advertising, Western Colorado Contractors Association plan rooms and national plan rooms. The more responses received, the better our understanding of costs. ›We know local professionals and will encourage all reputable firms to submit a proposal for the Town of Avon project. Having worked consistently in the Colorado mountains, specifically the Eagle River Valley, our team has extensive, trust-filled relationships with contractors to create a proper base of submissions. ›Creation of tailored RFQ/P documents for the Town of Avon to ensure all questions and concerns are addressed in the documents. ›Detailed review of each firm’s qualifications and proposals. We will provide the selection committee a summary ‘spread’ of each firm’s response to items in the RFQ/P for side-by-side comparison and scoring. We will provide scorecards and scoring instructions for each selection committee member and facilitate the selection discussions. ›Comprehensive reference checks and summarized findings are provided to the selection committee for each candidate. ›Focus is placed on the best value and best fit for the Town of Avon, not necessarily the lowest cost. ›Fee/cost analysis is performed by DPM to ensure firm’s value propositions are compared and weighed. ›DPM’s understanding the current market fees for consultant and contractor services is something in which we pride ourselves. We keep close tabs on other public projects to know when pricing is competitive. Additionally, we carefully follow cost escalation in the national, state and mountain community construction markets as well as non-educational projects to stay ahead of trends and advise Town of Avon on timing of hiring team members. ›In the case of the contractor’s budget, the largest dollar amount of the project, we call on industry resources such as engineers and other subcontractors to determine if pricing is within current market value for each trade. In addition, DPM’s proposed team has a strong background in general contracting, and we know how estimates are prepared. By asking for detailed backup we ensure the Town of Avon is getting fair pricing. We check quantity take offs from the contractor to ensure there are no busts in the quantity units that can result in a surprise later in the process. “Have I told you lately that you are my new best friend! THANK YOU!” Shannon Pelland, Retired CFO Roaring Fork School District Glenwood Springs Elementary School Lake County High School 11 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION F COST ESTIMATES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION F – Accurate Cost Estimates Provide a detailed description of how your firm has supported final programming decisions with accurate cost estimates for project’s hard and soft costs as well as overall project budget from start to finish. As the Town of Avon works with the Architect, it is important for the Town - through their Owner’s Representative - to provide the target hard costs (construction costs) budget in which they must meet. This target should be incorporated into the Design Team’s contract making it a contractual obligation that must be met. A long list of potential soft costs will be reviewed, as well. It is important to receive real-time pricing on critical decision items, especially in the current construction cost market. Coordination with the general contractor or cost estimator during the pre- construction phase will allow the Town of Avon to make scope decisions early during the design phase. DPM will facilitate a procurement process generate a value comparison of all fees, general conditions, and change order mark-ups among the candidates. This analysis takes time, but we know what to look for in cost submissions from contractors to provide the selection committee with the appropriate cost information. When the target hard cost is established, it is important for the Town of Avon to carry appropriate Owner contingencies for unforeseen conditions and construction cost escalation. DPM will make recommendations based on experience of what appropriate contingency amounts should be, given the current market conditions. In addition, the General Contractor should also carry appropriate contingency that is transparent in usage throughout the project. This contractor contingency should require approval from the Town of Avon to utilize funds in the proposed manner. Roaring Fork School District Staff Housing – Basalt, Colorado 12 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION G BUDGET MANAGEMENT Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION G – Budget Management Provide a description on how your firm has managed project budgets and schedules in the recent past with the many issues such as dealing with labor/talent issues with both designers and contractors, supply chain issues, contracting environment and price escalation. What has been successful and what hasn’t worked as well? BUDGET MANAGEMENT: A valuable method to manage the budget is for the Owner, Design Team, and Contractor to develop a list of add alternates. It is inevitable that during the design process, the “wants” exceed the budget. These items are not included in the base bid but are items the Owner desires if there are dollars available. DPM will keep a detailed list of these add alternates, pricing, and dates by which the Town of Avon must decide to release or reject. DPM will work with Town of Avon to prioritize the add alternates to determine in which order the add alternates can be incorporated into the program. DPM has an excellent track record for having the funds to incorporate clients’ highest-priority alternatives. This is due to the diligence of truly “managing” the budget instead of “tracking” the budget. Our budgets will be reviewed with the Town of Avon each month, so you always know where the program stands. Each change order and add alternate are analyzed by DPM to determine the risk to the overall budget, and this information is discussed every week at the Executive Team meeting. DPM’s budget management tool allows flexibility to see budgets by projects, categories, and the bond program as a whole. Our tool can also provide useful cash flow projections for the Town of Avon’s accounting staff throughout all program phases. LABOR/TALENT ISSUES: Many firms in the A/E/C industry are stretched thin. We have found this most prevalent with construction site superintendents. As the workforce ages and field supervisors retire, there has been a vacuum in this position in the industry. Lessons learned: procure the right team -Beginning with the Owner’s Representative procurement, the Town must find a partner that truly has the capacity and will be tenacious to hold the entire team to task. -It will be paramount to closely pay attention to the team proposed by potential partners, including the CM/GC and the individual’s experience with similar projects in similar locations. Financial and planning tools built on a foundation of years of budget and schedule management. DPM Cash Flow Data for Multiple Bond Projects 13 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION G BUDGET MANAGEMENT Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES - A detailed staffing plan with commitments by person should be submitted and evaluated. Contractual commitments by staff and individuals should be incorporated into the agreements. - If there is a staffing concern, DPM will stay in close communication with project executives and company executives to ensure the Town has the qualified people to successfully execute the project. SUPPLY CHAIN ISSUES: Because of the pandemic, construction has experienced difficulties in the supply chain. There are three times in the project that supply chain issues can surface: at the development of design documents; subcontractor bidding and buyout; and in field operations. The DPM team will be monitoring potential supply chain issues, especially in these phases to proactively manage material supplies. Lessons learned: Be Flexible and persistent - Discuss with the Town and design team to avoid proprietary and custom specifications in the design documents to allow for substitutions at bidding. - Be open to alternatives. - Stay on top of the GC’s to make sure they are releasing materials and subcontractors and suppliers early. Request this documentation. - Discuss with the design team to be ready to evaluate suppliers’ substitutions in an expediate and thorough fashion. - Press the contractor on buyout efficiency - Manage schedule expectations with the Town and community CONTRACTING ENVIRONMENT: While General Contractors may have capacity to take on the project, the subcontractor market in the resort communities has been less available. Many times over the past two years, there may only be a single subcontractor bidding a trade, making it difficult for owners to know if they are receiving a good value. Lessons learned: think outside the box - Select a General Contractor early in the design process that has good relationships with subcontractors they can leverage. Additionally, the General Contractor should have a reach into subcontractor markets in neighboring states. - Expect high detail in construction estimates including quantity takeoffs and unit pricing. - Hold the design team to deliverable deadlines. It is critical to balance the time from GMP to construction start. It cannot be too soon that subcontractors are already booked and cannot be too far away that subcontractors are not interested in looking that far into the future. - Assist the GC in communicating the project to subcontractors. The DPM team has been working in the A/E/C industry in Eagle County for decades and can share our database of local subcontractors with the selected General Contractor. 14 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION G BUDGET MANAGEMENT Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES -In one project that recently locked in a GMP under budget, the owner had to delay the start of construction by 6 months to allow for competitive subcontractor participation. This delay saved the owner almost $1M. Starting a project in Eagle County in the spring is an approach many projects take and therefore the supply of subcontractors is reduced. This owner started a renovation project in November instead of May and realized significant savings. PRICE ESCALATION: Our team closely monitors the overall cost of construction materials and labor, which we have seen escalate and fluctuate, notably so following the COVID-19 pandemic. While early in the rapidly escalating environments provided a shock to all team members, we have adapted to be able to recently bring several Eagle County projects to GMP within our project budget in the past 6 months. Lessons learned: EXPECTATIONS and open minds -It will be important to appropriately budget for escalation contingency over time from today until the Guaranteed Maximum Price. The % of escalation per month has doubled in the past two years. Appropriate management of the escalation contingency will allow projects to stay on budget. DPM’s budget management tool allows the Town to always know the amount of escalation contingency carried over time in the master budget. -Expectation of scope adjustments by the Town and design team need to be discussed immediately. A similar project that may have been completed a few years ago will require a significantly higher budget or a reduction in scope in the present environment. While it is possible costs may come down, historically construction costs have rarely declined in the past few decades. -The Town will need to be open to value engineering options and potential re-design. We suggest starting with a base scope of the ‘need to haves’ and utilize add alternates for the ‘nice to haves’. -Once a GMP is acceptable, rapidly move to an agreed upon GMP so that subcontractors and suppliers can be locked in on pricing and materials can be ordered. -Consider finding Town-owned space to store materials so they can be ordered immediately. “Having lived on the western slope for two decades, she (Colleen) connects with the community and earns their respect. Her team of project managers are engaged on the ground, professional and good communicators. They provide added value at every step of the process….” Dr. Diana Sirko, Former Superintendent Mesa County Valley School District 51 Orchard Mesa Middle School | Grand Junction, CO 15 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION H QUALITY CONTROL Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION H - Quality Control Provide a description of how your firm ensures project construction quality control / quality assurance for the owner and what methods do you use to accomplish this? Does your firm have in-house expertise for onsite, daily observation/inspection of construction activity and progress. Quality control/quality assurance is taken very seriously by our Dynamic Program Management. Todd Raper will manage our QA/QC process and work with the team actively address issues, not just them log them. Our team will, at a minimum, make weekly construction site walks. Being a local firm, we can provide daily site walks and reports, if needed. Certain critical phases of the project will require site visits more frequently, and some phases, potentially less so. DPM utilizes ArchiSnapper by Deltek to customize field reports per the Owner’s needs and easily distribute reports to the team through an application. In addition, we will require the Design Team to issue weekly construction observation reports, including deficiencies to be addressed. As other Owner consultants make regular job site visits, they will be expected to issue reports concentrating on their area of expertise. A third-party material testing firm will test and inspect materials such as soils, concrete, and steel. In order to expedite projects in the mountains, we find the third-party materials testing and inspections can help expedite schedules. These reports will also be issued to all team members and filed appropriately for documentation. We have worked with General Contractors who send out summary reports at the end of the week with photos to all involved team members. It shows what work was completed to date and what the team can expect the following week. These have proven to be great communication tools, especially for those who cannot attend weekly site meetings. We propose to provide an update once per month to the ownership team’s designated stakeholder group, including Town Council. We will submit a progress report indicating what we have accomplished, what we are working on, and what is upcoming in a clear format. We are available to present concise updates to governing boards in person. “If I were in your shoes I would start with Colleen Kaneda; she is wicked smart and really easy to work with. If I would have totally had my choice I would have utilized her for all of our work not just as our Owners Rep. She can also do Master Planning and she and her team are very good at getting buy in from all stakeholders.” Alan Dillon, Superintendent (retired) De Beque School District DeBeque PK-12 School 16 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION I TEAM RESUMES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION I - Team Resumes Resumes for all staff that may provide services during the contract period. Include name and license/certification numbers if applicable, of the person(s) proposed to be in charge of projects and/or services. Colleen Kaneda will be the main point of contact working for the Town of Avon, orchestrating the work of the collective team. Please find our team member resumes on the following pages. 17 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION I TEAM RESUMES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Roles & Responsibilities Team Members Responsibilities Colleen Kaneda, PhD, PE, LEED® AP BD+C Project Director | Principal-in-Charge As Project Director, Colleen will be responsible for all project operations from initiation through warranty. As your primary contact, Colleen will facilitate procurements of consultants and contractors, FF&E and technology selections and installation, contract management, and attend team meetings. Budget and schedule management will be a responsibility of Colleen in close coordination with Reilly, Katie, Todd and Town of Avon accounting staff. She will communicate Town of Avon decisions throughout design and construction to the various project teams. Colleen will prepare Town of Avon reports and stay in close contact with the ownership team throughout the process. Colleen will be on site for weekly construction meetings and is available to be on site daily. Reilly O’Brien, EIT Senior Project Manager Reilly will work closely with the project team on all aspects of the program. He is well versed in contracts, the Microsoft Office Suite and issuing comprehensive meeting minutes. Reilly keeps the team organized with our real-time synced Dropbox file structure accessible from anywhere by those with access. To reduce the effort spent by the ownership team, regular updates are issued summarizing data and updates relevant to owner’s needs. Reilly’s experience managing multiple projects simultaneously for one owner keeps budgets and schedules organized for each project while identifying synergies and opportunities to streamline costs. Reilly will be on site for weekly construction meetings. Katie Droxler Assistant Project Manager Katie will support Reilly with document control, including budget, schedule, meeting minutes, pay application reviews, and regular reporting, including all documentation required for pay applications and funding. Katie will facilitate the move-out and move-in phases and furniture installation, which tend to need additional on-site hours. Todd Raper QA/QC Manager Todd will provide in-depth analysis and guidance during the critical logistic planning and design phases to ensure constructability and the ability to meet budgets. Ray will review and provide feedback on all design documents and cost estimates through the Guaranteed Maximum Price. He will continue to monitor progress and be available for weekly site walks during construction. Optionally, Todd is available to make daily site visits. 18 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION I TEAM RESUMES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Colleen Kaneda, Ph.D., P.E., LEED® AP BD+C Project Director | Principal-in-Charge Colleen has over 25 years of industry experience as an Owner’s Representative, General Contractor and Design Engineer. For the past 23 years, she has managed projects solely in Colorado’s Western Slope communities. With three levels of Civil Engineering degrees reaching to a PhD, and a love for entrepreneurship, Colleen founded DPM in 2019. She is passionate about delivering high-quality publicly funded projects in a transparent and fiscally responsible manner. Her ability to present ideas allows stakeholders to move projects forward with confidence. A longtime resident of Eagle County, in her free time Colleen enjoys skiing, soccer and camping with her husband and two sons. RELEVANT PROJECT EXPERIENCE ›Colorado Mountain College Attainable Housing Projects, Breckenridge, Edwards, Steamboat Springs & Spring Valley, CO ›Roaring Fork School District, Meadowood Staff Housing, Carbondale, CO ›Teacher Housing & Academic Center Expansion, High Mountain Institute, Leadville, CO net-zero w/o certification ›Public-Private-Partnership (P3) Housing Monthly Contactor Pay Application Review, City of Aspen, Aspen, CO* ›Station #9 Remodel, Greater Eagle Fire Protection District, Eagle, CO ›Hayden Center Renovation & Hayden Co-working/Education Center Renovation, Town of Hayden, Hayden, CO ›Montrose Public Safety Complex; Montrose City Hall Renovation, City of Montrose, Montrose, CO ›Ford Park Improvements Phases II & III, Vail, CO* ›Lake County, CO: Community Justice Center; County Facility Master Plan; Jail Renovation; Southern Fire Station ›City of Glenwood Springs – 9th & Cooper, Glenwood Springs, CO* ›Garfield County Public Library District – 8th & Cooper, Glenwood Springs, CO* ›Eagle River Park, Town of Eagle, Eagle, CO* ›2015 Bond Program: 26 projects including 66 units of staff housing, Roaring Fork School District, Basalt, Carbondale, Glenwood Springs, CO* ›2021 Bond Program: 5 projects, East Grand School District No.2, Granby, CO ›2019 Bond Program: 7 projects, Steamboat Springs School District Re-2, Steamboat Springs, CO EDUCATION PhD, Civil Engineering, University of Colorado Boulder (CU Boulder) MS, Civil Engineering, CU Boulder BS, Civil Engineering, Bucknell University REGISTRATIONS / CERTIFICATIONS Prof. Engineer, CO PE.0048861 LEED® Accredited Professional OSHA 10-Hour Certification AFFILIATIONS / ORGANIZATIONS / VOLUNTEER Adjunct Professor, Colorado Mountain College CU Construction Engineering Advisory Board Buddy Werner League Ski Racing Coach 19 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION I TEAM RESUMES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Reilly O’Brien, EIT Senior Project Manager With a decade of experience, Reilly has earned a reputation for being technically astute, organized “to a T”, and diplomatic in his leadership style. Reilly is practiced at serving the owner’s best interest and is driven to deliver publicly funded projects that become cherished community assets. His commitment to financial transparency and accuracy is evident, and his sense of humor builds team comradery. He will provide not only first-rate owner’s representative but will also provide keen input from current involvement with manageing housing projects. During his free time, Reilly takes advantage of the Colorado mountains from his home in Glenwood Springs by skiing, mountain biking, and backpacking as often as he can. RELEVANT PROJECT EXPERIENCE › Colorado Mountain College Attainable Housing Projects, Breckenridge, Edwards, Steamboat Springs & Spring Valley, CO › Meadowood Staff Housing, Roaring Fork School District, Carbondale, CO › Teacher Housing & Academic Center Expansion, High Mountain Institute, Leadville, CO net-zero w/o certification › City of Aspen, Aspen, CO: Affordable Housing Study; New Police Headquarters; Pedestrian Mall Improvements, Aspen, CO* › Hayden Center Renovation & Hayden Co-working/Education Center, Hayden, CO › Montrose Public Safety Complex; Montrose City Hall Renovation, City of Montrose, Montrose, CO › New Community Justice Center & County Offices, Lake County, Leadville, CO Exploring Net-Zero, All Electric › Lake County: Jail Renovation; Southern Fire Station, Lake County, CO › 2015 Bond Program (26 Projects), Including 66 units of staff housing, Roaring Fork School District, Glenwood Springs, Carbondale & Basalt CO* › 2021 Bond Program, New Elementary School & Facility Upgrades, East Grand School District No.2, Granby, CO (5 projects) › 2015 Bond Program: 26 projects, Roaring Fork School District, Basalt, Carbondale, Glenwood Springs, CO * › 2019 Bond Program: 7 projects, Steamboat Springs School District Re-2, Steamboat Springs, CO EDUCATION MS, Civil Engineering, University of Colorado Boulder (CU Boulder) BS, Civil Engineering, CU Boulder REGISTRATIONS / CERTIFICATIONS Certified Engineer in Training, Colorado OSHA 10-Hour Certification EXPERTISE Program Budget Management Program Schedule Management Strong Communication Skills with all Stakeholders Mountain Project Experience 20 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION I TEAM RESUMES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Todd Raper QA/QC Director With over 38 years of experience in construction and owner’s representation, prior to joining DPM, Todd spent over two decades garnering a vast amount of knowledge working at a world-wide construction company. His technical acumen and understanding of processes, accounting, change orders, and contracts provide quality control in a million different ways from design through construction. Todd consistently receives praise from for being a valuable advisor and advocate. Todd has successfully completed k-12, healthcare, municipal, hospitality, residential, commercial, federal, and multi-family nationwide projects. When not contributing to the building environment, Todd enjoys fishing, hunting, woodworking, volunteering at school, and spending time with his wife and three sons. RELEVANT PROJECT EXPERIENCE › Colorado Mountain College Attainable Housing Projects, Breckenridge, Edwards, Steamboat Springs & Spring Valley, CO › Teacher Housing & Academic Center Expansion, High Mountain Institute, Leadville, CO › Roaring Fork School District, Staff Housing, Carbondale, CO › Hayden Center Renovation & Hayden Co-working/Education Center (historic) Renovation, Town of Hayden, Hayden, CO › Avon Recreation Center Pool Heat Recovery, Town of Avon, Avon, CO* › Garfield County School District 16, Parachute & Battlement Mesa, CO: 2022 BEST Grant Application; 2022 Staff Housing Study › New Community Justice Center & County Offices, Lake County, Leadville, CO Exploring Net-Zero, All Electric › Montrose Public Safety Complex; Montrose City Hall Renovation, City of Montrose, Montrose, CO › Combined Law Enforcement Facility, Routt County / City of Steamboat Springs, Steamboat Springs* › Manor Vail Major Renovation and Addition, Vail, CO* › Cadence Apartments, Zocalo Development, Denver, CO* › 2021 Bond Program: 5 projects, East Grand School District No.2, Granby, CO › 2019 Bond Program: 7 projects, Steamboat Springs School District Re-2, Steamboat Springs, CO › Hayden School District New pk-12 School, Hayden, CO EDUCATION B.S. Industrial Construction Management, Colorado State University REGISTRATIONS / CERTIFICATIONS Quality Assurance Practitioner, OAC Management, Colorado OSHA 10-Hour Certification EXPERTISE Project Scheduling Site Safety Project Budgeting Construction Document Review Field Quality control Building in Mountain Communities Solid relations with AEC Mountain consultants and contractors 21 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION I TEAM RESUMES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Katie Droxler Assistant Project Manager Katie brings lots of energy and passion to the DPM team. With eight years of paralegal training, her organizational skills, communication and attention to detail is unmatched. She thrives with public projects as these directly impact her own community and is takes an active role in public outreash. Outside of work, Katie coaches for multiple lacrosse programs and is a ski instructor during the winter months. She loves spending as much time as possible with her baby girl, husband and dog in Edwards, Colorado. Find her skiing, skinning, hiking or biking any chance she gets, often with dog and daughter in tow. RELEVANT PROJECT EXPERIENCE › New Community Justice Center & County Offices, Lake County, Leadville, CO Exploring Net-Zero, All Electric › Lake County Jail Renovation, Leadville, CO › Lake County Southern Fire Station, Leadville, CO › Colorado Mountain College Attainable Housing Projects, Breckenridge, Edwards, Steamboat Springs & Spring Valley, CO › Chaffee County Administration Offices Addition and Remodel Procurement, Salida & Buena Vista, CO › County Facility Master Plan, Lake County › Station #9 Renovation, Greater Eagle Fire Protection District, Eagle, CO › Hayden Center Renovation & Hayden Co-working/Education Center (historic) Renovation, Town of Hayden, Hayden, CO › Contract Preparation, Montrose County School District, Montrose, CO › Master Plan & Multiple Capital Improvements, Garfield County School District 16, Parachute & Battlement Mesa, CO › 2021 Bond Program: 5 projects, East Grand School District No.2, Granby, CO › Montrose County School District RE-1J, Montrose, CO AIA Contract Preparation › North Park School District R-1 2022-2023 Master Plan, Walden, CO › Meeker School District RE-1 District-wide HVAC, Meeker, CO EDUCATION BA, Political Science, Whittier College REGISTRATIONS / CERTIFICATIONS Paralegal Certificate, Colorado Mountain College EXPERTISE Exceptional Communication Skills Legal Document Drafting Accounting (QuickBooks) Grant Research and Writing Business Entrepreneurship AFFILIATIONS / ORGANIZATIONS / VOLUNTEER Founder & Director, 501 (c)(3), Stash Lacrosse Club Lacrosse Coach, Battle Mountain High School 22 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION J MANAGEMENT APPROACH Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION J - Overall Management Approach Overall approach and methodology to the successful management of services to be provided. DPM will manage the collective team while representing the best interests of the Town of Avon. MANAGE PROJECT RISK DPM’s proven approach to Owner’s Representative Services is to manage the Owner’s risk from start to finish by balancing three key areas: scope, budget, and schedule. Our experienced team will be focused on these three components in detail throughout the Avondale Apartments Project. The central goal of this project is to serve the best interests of the Town of Avon, preparing/completing the preliminary and final design/planning documents needed to obtain application approval, building and grading permits, and detailed construction documents for all phases of the project. DPM will provide process every step of the way to continually balance budget, schedule and scope constraints to provide the best quality project for the Town. 23 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION J MANAGEMENT APPROACH Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES SCHEDULE-GUIDED APPROACH Successful project management means discussing the schedule every day. Thinking through the tasks and communications that need to occur not just today but for those activities taking place in 3 weeks and even 3 months away. A master schedule from the owner’s point of view takes into consideration the design schedule, construction schedule, owner events, communications deadlines, and all the little tasks that impact the schedule and inform cash flow management. Using sophisticated scheduling software to manage the master schedule is important to our team. However, software is only as good as those managing it (aka ‘garbage in = garbage out’). Our team is well-versed in the methodology of construction project scheduling and will utilize technology as a tool while making well-informed decisions when adjustments are necessary. The master schedule is distributed for all team member procurements. This ensures the team knows what milestones and deadlines they agree to complete the project on time. Communicating the lack of float in the facility’s opening is paramount to stressing the importance of open communication about daily schedule tracking. The entire team will collectively commit to working together to deliver a high- quality community asset within budget and on time. DPM will continue to manage the overall schedule throughout the project. To us, managing the schedule means something very different than tracking the schedule. Tracking the schedule is receiving information from consultants and contractors and plugging the information into the schedule. Managing the schedule means we will be proactive if we see anything of concern to address with a consultant or contractor. We will work with the team on resequencing activities if necessary to keep the schedule on target. For our projects, schedules are living, breathing things and not static. Continual schedule management is a critical activity we provide to ensure the Arena will be completed in time for the opening celebration. Strategic thinking will guide the way in which package and permit subsequent submissions are scheduled. DPM will be proactive with the Town’s building department and the Avon Fire Department, so the plan review is aware of the schedule well before permit submission. Graphics, Gantt charts, calendars with milestones, and descriptive copy will be provided to the Town of Avon to use in communication with the public, Town Council, and other stakeholder groups and governing bodies. Graphics, Gantt charts, calendars with milestones, and descriptive copy will be provided to the Town of Avon to use in public outreach and stakeholder groups. 24 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION J MANAGEMENT APPROACH Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES OAC MEETINGS & EXECUTIVE COMMITTEE MEETINGS Both Colleen and Reilly will attend Owner/Architect/Contractor (OAC) meetings in person, Katie typically calling in and Todd attending 1 time per month. Typically, the design team will issue minutes during the design phases and the GC issues the minutes during construction. DPM reviews the minutes to ensure accuracy and manage immediately assigned tasks. Weekly executive meetings are also held with the Executive Committee; this is an owner-DPM meeting facilitated by DPM for which minutes are issued. At OAC meetings, DPM leads the team in reviewing open RFIs; the same process is followed for submittals. DPM files all associated documents once closed out on the DPM Dropbox. RFIs originating from the GC to the design team are monitored by the DPM staff and typically logged into the GC’s software, often Procore. Utilizing the general contractor’s preferred software, which we can access on behalf of the Town of Avon, is the industry standard. There is no cost to the owner as it is an established industry methodology. A complete copy of all DPM logged RFIs and all other project-related documents and delivery of this electronic book of work in the same format upon conclusion of the project, complying with the requirements of open records laws of the State of Colorado. CONFLICT RESOLUTION Staying informed of the nuanced progress at all phases of the project allows our team to head off potential issues. When owner involvement is required, we handle the situation with diplomatic leadership skills, never pointing fingers. The first question posed is always ‘How can we help?’. We endeavor to lead by example to keep the team focused on the core values of the project and that if one of us fails, we all fail. Therefore, we all must succeed as a team for our mutual client. SAFE CONSTRUCTION SITE Every worker deserves to go home at the end of each day. While the primary responsibility of construction site safety falls on the General Contractor, our team has the experience and is comfortable speaking up if they see an unsafe condition. In the event an unsafe condition is noticed, it is addressed immediately with the General Contractor, who will accompany DPM and the Town of Avon staff on every site walk, and if needed with the individual who may be compromising safety. Our team members have experience from the General Contractor side of the industry as project managers and site superintendents. Our team has completed OSHA training specific to construction. 25 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION J MANAGEMENT APPROACH Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES WINTER WEATHER: Being prepared to encounter inclement weather will need to stay on the forefront of the team’s mind. Staying on schedule for design and initial construction will help battle winter conditions. Spending dollars on winter conditions, while inevitable in mountain towns, should be minimized as much as possible because these dollars do not give back as much value to the eventual end users of the building. We will work with the design, construction, and ownership team to best plan the work to reduce costs related to winter conditions. Colorado Mountain College Housing – Edwards, Colorado Colorado Mountain College Housing – Breckenridge, Colorado East Grand SD – Career Center Granby, Colorado 26 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION J MANAGEMENT APPROACH Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Green Building Project Experience We understand the Town of Avon is striving for net-zero energy use on the Avondale Housing Project. DPM will be able to provide guidance to the Town to analyze the best-fit system for the Avondale Housing Project. If not already completed, Energy Modeling will be an important component of the process for the Town to review lifecycle costs and chart a path forward. Our Project Managers have experience with several high performing programs, including Leadership in Energy and Environmental Design (LEED®), Colorado Collaborative for High-Performance Schools (now called US-CHPS) and Green Globes. The table below includes a list of projects our team members have managed providing Owner’s Representative services that have focused on net-zero and/or received (or are targeting) sustainability certifications. Project Name Program Colorado Mountain College Attainable Student Housing – 4 campuses All electric buildings for College PV offset Meadowood Staff Housing – Carbondale Roaring Fork School District Targeting net-zero with ground-mounted PV Ridgway Elementary School Green Globes, 3 Globes (targeting) Lake County High School* LEED® Gold High Mountain Institute Campus & Housing Net-zero (without certification – see profile) Glenwood Springs Elementary School* LEED® Gold Aspen Community School* LEED® Gold De Beque Pk-12 School* LEED® Gold Columbine Middle School* LEED® Silver Orchard Mesa Middle School* LEED® Silver Animas High School US-CHPS Verified Leader (targeting) Hayden Pk-12 School* US-CHPS Verified Leader Lake County Elementary School Green Globes, 3 Globes North Routt Community Charter School LEED® Platinum Lake County Community Justice Center Exploring Net-Zero, All-Electric Building (currently in design and energy modeling stages) *Owner’s Representative services provided by DPM staff while working together at a previous firm 27 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION J MANAGEMENT APPROACH Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES COMMISSIONING: From our construction project experience, we know the largest quantity of issues post- occupancy stem from interior climate issues related to mechanical, electrical, and building envelope systems. The Commissioning Agent (CxA) works as an Owner consultant closely with the Design and Construction Teams and focuses on mechanical, electrical, and building envelope systems. They work early with the Owner to establish the Owner’s Project Requirements (OPRs) and communicate these with the team. They review all design drawings in detail to make sure the design conforms to the OPRs. Then they make frequent construction site visits to ensure the design is being installed as it should. Finally, once the building is complete, they take measurements of the systems to ensure they are performing per design to verify the OPRs were truly implemented. If things are not going as planned after occupancy, the CxA helps the Design and Construction Team(s) make modifications to ensure the building is performing optimally. For the Colorado Mountain College housing projects, including water window testing proved valuable in avoiding moisture issues in the future. The contractor was provided with information on how to correct the window installation to ensure a watertight building envelope. We would recommend this service for the Avondale project. 28 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION K REFERENCES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION K - References Provide contact information for relevant contracts with other municipalities within the past 3 years where similar services have been performed. DPM is often asked by clients to provide Owner’s Representative services on future projects based on our past performance. We see ourselves as an extension of the staff and while we take our roles serving our clients and project teams seriously, we do not take ourselves too seriously. Client Reference Project(s) – Project Cost / Year Completed Mr. Jim Schied Director of Public Works City of Montrose – Public Works 400 East Main Street | Montrose, CO 81401 P: 970.417.8447 | E: jscheid@ci.montrose.co.us 1. Montrose Public Safety Complex $21M / 2022 2. City Hall Interior Renovation - $3M / 2023 3. City Hall Facade Renovation - $TBD / 2024 4. Amphitheater Procurement - / 2022 Mr. Blaine Hall Police Chief City of Montrose Police 434 South 1st Street | Montrose, CO 81401 P: 970.209.8045 | E: bhall@ci.montrose.co.us Montrose Public Safety Complex $21M / 2022 Mr. Doug Cupp Fire Chief Greater Eagle Fire Protection District 425 East 3rd Street | Eagle, CO 81631 P: 970.471.8053 | E: dcupp@gefpd.org Station 9 Remodel $3M / 2023 Mr. Tim Bergman County Manager Lake County 505 Harrison Ave. | Leadville, CO 80461 P: 719.838.0004 1. Community Justice Center / 2025 2. Jail Renovation / 2022 3. Southern Fire Station / 2023 4. Master Plan Existing Courthouse and Administration Building / 2023 Mr. Jeff Fiedler County Commissioner Lake County 505 Harrison Ave. | Leadville, CO 80461 P: 719.427.7500 1. Community Justice Center / 2025 2. Jail Renovation / 2022 3. Southern Fire Station / 2023 4. Master Plan Existing Courthouse and Administration Building / 2023 5. New Lake County Elementary / 2021 Mr. Dan Dailey Fire Chief Leadville / Lake County Fire 816 Harrison Ave. | Leadville, CO 80461 P: 720.937.7546 | E: ddailey@leadvillefire.org New Southern Fire Station - $2.5M / 2023 29 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION K REFERENCES Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES Mr. Sean Nesbitt Director of Facilities Colorado Mountain College 802 Grand Ave. | Glenwood Springs, CO 81601 P: 303.499.0517 | E: scnesbitt@coloradomtn.edu 1. Student Attainable Housing – 5 Buildings, 4 Campuses - $52M / 2023 Mr. Jeff Gatlin Chief Operations Officer Roaring Fork School District 400 Sopris Ave. | Carbondale, CO 81623 P: 970.319.9082 | E: jgatlin@rfschools.com 1. Carbondale Staff Housing Project - $30M / 2024 2. 2015 Bond Program* - 26 Projects - $151M / 2019 Dr. Brad Meeks Former Superintendent Steamboat Springs School District P: 651.341.0573 1. 2019 Bond Program – 7 projects - $79.5M / 2022 2. 2017 Bond Program – 3 projects - $15M / 2018* Dr. Brian Hill Superintendent Mesa County Valley School District 51 2115 Grand Ave. | Grand Junction, CO 81501 P: 512.554.8034 | E: brian.hill@d51schools.org 1. Grand Junction High School Replacement Project - $145M / 2025 2. Grand Junction High School Master Plan 2020 3. Grand Junction High School Pre-Bond Services 4. Grand Junction High School BEST Grant 2021 5. Orchard Mesa Middle School Replacement, $40M / 2019* 6. Orchard Mesa Middle School BEST Grant 2018* Mr. Brad Ray Superintendent | East Grand School District 299 County Road 611 | Granby, CO 80446 P: 970.379.3344 | E: brad.ray@egsd.org Mr. Frank Reeves Superintendent (retired) | East Grand School District P: 719.740.8367 | E: frankreeves96@gmail.com 1. 2021 Bond Program – 5 projects - $98M / 2025 2. EGSD Multiple BEST Grant Applications 3. Garfield County School District 16 HVAC & Roof Improvements & BEST Grant Applications – 2 projects - $7M / 2023 4. 2014 Bond Program Garfield County School District 16 – 9 Projects - $34M*/ 2017 Mr. Matthew Mendisco Town Manager | Town of Hayden P: 970.276.3741 E: mathew.mendisco@haydencolorado.org 1. Hayden Community Center - $8M / 2024 2. Historic Renovation – Civic Co-Working Space Ms. Coulter Bump Attorney Caplan & Earnest LLC P: 970.379.3344 | E: cbump@celaw.com Multiple Colorado public school bond programs * Team members provided Owner’s Representative services while at a previous firm 30 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION L FEE SCHEDULE Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION L - Fee Schedule Provide a detailed cost proposal to accomplish the attached scope of work and provide a rate sheet showing the fully loaded billing rates for all staff classifications proposed to provide services to the Town. The cost proposal shall provide estimated hours and costs for each phase of the project. Preconstruction, Design & Bidding Phase - per RFQ/P scope Construction Phase, per RFQ/P scope noted as “TBD” – as a cost per month Closeout Phase – as a cost per month – assume this phase is 2-3 months Reimbursable Expenses Reimbursable Expenses for mileage and limited travel expenses will be invoiced at cost, not to exceed $10,000. 31 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION L FEE SCHEDULE Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES DPM FEE ASSUMPTIONS: - Preconstruction activities will commence immediately in July and bidding and a finalized GMP will be presented by the end of June 2024. - Reimbursable travel expenses are proposed as a not-to-exceed amount and will be limited to mileage (at IRS rates), travel meals, and limited lodging. Expenses will be invoiced at cost + 10% administrative fee. - Hard cost target budget is approximately $30M. - Construction fees are presented as a cost per month and can be converted into a lump sum per the CM/GC’s contractual construction schedule, when available. - Fee proposal does not include a phased permit approach. This may result in a few months of more efficient fee structure if construction sitework is permitted early and overlaps with final GMP presentation. - Closeout fees are presented as a cost per month will be completed within 2-3 months after substantial completion. High Mountain Institute – Staff Housing, Leadville CO 32 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION M & N CONDITIONS & LITIGATION Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION M – Reservations, Conditions, or Constraints Any reservations, conditions or constraints related to the request for qualification. Dynamic Program Management does not have any reservations, conditions, or constraints related to this qualification. QUESTION N - Litigation Any past, existing or pending litigation related to work the firm has undertaken in the last 5 years. Dynamic Program Management has never been involved in a lawsuit or claim. 33 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 SECTION O DIFFERNTIATORS Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES QUESTION O - Differentiators Other comments or features concerning your firm that differentiates it from other firms qualified for this project. DPM DIFFERENTIATORS 1. Currently managing multiple similar staff housing projects in the area; extensive relationships with architects, general contractors, and engineers working in housing. 2. Detailed understanding of construction materials and supply chain status specifically for multi- unit housing in the central mountains. We are familiar with various funding sources, including Certificates of Participation and Federal funding, and how they influence reporting. 3. Actively working on projects incorporating passive solar, solar panels, electrical charging stations, composting solutions, and xeriscape. 4. DPM is a 100% woman-owned business, with 50% of the proposed team members for the Avondale Apartment project being local women. Nationally, 11% of the construction workforce are women. 5. Colleen Kaneda has been an Eagle County resident since 2000 and has engaged in many communities and civic organizations. In addition, she is a former Town of Avon resident and property owner since 2004. Her property, located in Sunridge Phase 2, is rented long-term to a long-time local working family. Colleen understands local multi-unit housing from many perspectives. 6. Reilly O’Brien, Senior Project Manager, has years of experience managing affordable and attainable housing projects in mountain communities. 7. Todd Raper, QA/QC, has an astounding level of commercial construction knowledge. His wisdom and foresight lead to creative approaches and solutions. 8. DPM has an exceptional client satisfaction rating and has a 100% client retention rate as projects arise: re-hired competitively or sole-sourced. 9. Senior-level industry professionals with 25+ year careers in Eagle County & Western Slope. Forming long-lasting relationships with our clients is important to everyone on the DPM team. 10. Our team members have worked together for years. We enjoy and respect each other’s professional styles and have a seamless workflow. Colleen and Reilly have been teamed on projects for over a decade; their natural comradery creates an enjoyable team environment. 34 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Gunnison watershed SCHOOL DISTRICT RE-1j OWNER’S REPRESENTATIVE Services APPENDIX › Project List › Project Management Agreement › Reference Letters DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 APPENDIX Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES PROJECT LIST Workforce housing • Colorado Mountain College, Edwards, Breckenridge, Steamboat Springs, Glenwood Springs, CO Attainable Student Housing • Eagle County, Edwards, CO Workforce Housing on CMC Edwards Campus • Roaring Fork School District, Glenwood Springs, Basalt, Carbondale, CO Carbondale Staff Affordable Housing – 50 units 2015 Bond Program Staff Affordable Housing* - 62 units • High Mountain Institute, Leadville, CO Affordable On-Campus Staff Housing • City of Aspen Private-Public-Partnership Housing Contractor Pay Application Review* Municipalities | Public Entities • Lake County, Leadville, CO Community Justice Center New Southern Fire Station Fire Station #2 Financial Review 2021 Recreation Advisory Board Master Plan Volunteer • Town of Hayden, Hayden, CO Hayden Center Renovation Hayden Co-working / Education Space Historic Renovation • City of Montrose, Montrose, CO Montrose Public Safety Complex (featured) Amphitheater Improvement Project Montrose City Hall Master Plan Montrose City Hall Interior Renovation Montrose City Hall Façade Renovation • Greater Eagle Fire Protection District, Eagle, CO Station #9 Remodel • Town of Vail, Vail, CO Ford Park Improvements Phases II & III* • Town of Eagle, Eagle, CO Eagle River Kayak Park* • Routt County / City of Steamboat Springs, Steamboat Springs, CO New Combined Law Enforcement Building* • City of Aspen, Aspen, CO Affordable Housing Study* Pedestrian Mall Improvements* Wheeler Opera House Interior Renovations* Child Center Feasibility Study* • Eagle County Paramedic, Edwards, CO New Vail Mountain Rescue* DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 APPENDIX Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES • City of Glenwood Springs, Glenwood Springs, CO 8th & Cooper Parking Structure* • Garfield County Libraries, Glenwood Springs, CO Glenwood Springs Branch Library* School Districts | Public Entities • East Grand School District, Granby & Fraser, CO Granby Elementary School Replacement New Career Center Middle Park High School Renovation East Grand Middle School Renovation Fraser Valley Elementary School Renovation • Mesa County Valley School District 51, Grand Junction, CO Grand Junction High School Replacement Grand Junction High School BEST Grant Application & Master Plan 2020 Central High School Master Plan 2021 Grand Junction High School Replacement Pre-Bond Services Orchard Mesa Middle School Replacement* • Stone Creek Charter School, Edwards & Gypsum, CO Edwards Classroom Addition Gypsum Campus Master Plan • Marble Charter School, Marble, CO 2022 Bond Capital Improvements • Carbondale Community School, Carbondale, CO 2023 Capital and Safety Improvements 2022 BEST Grant Application • DeBeque School District, DeBeque, CO New Elementary School Addition to Upper School* • Plateau Valley School District 50, Collbran, CO 2023 BEST Grant Application 2022 BEST Grant Application 2021 BEST Grant Application 2020 BEST Grant Application 2019-20 Master Plan* • Montrose County School District RE-1J, Montrose, CO Ongoing Contract Preparation Services 2021 Master Plan New Columbine Middle School* 2020 HVAC Upgrades BEST Grant Application • Ridgway School District, Ridgway, CO Elementary School Renovation Project 2021 BEST Grant Application • Steamboat Springs School District, Steamboat Springs, CO 2019 Bond Program – 7 projects 2020 BEST Grant Application DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 APPENDIX Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES 2017-2019 Master Plan* 2018 BEST Grant Application* 2017 Bond Program – 3 projects* • Roaring Fork School District, Basalt, Carbondale, Glenwood Springs, CO 2015 Bond Program –26 projects* • Garfield County School District 16, Parachute & Battlement Mesa, CO 2023 BEST Grant Projects – Roofing and HVAC improvements 2022 BEST Grant Application 2014 Bond Program – 9 projects* 2015 BEST Grant Application* • Hayden School District, Hayden, CO New Pk-12 School* • Meeker School District, Meeker, CO 2023 BEST Grant Project – Barone Middle School HVAC Improvements High School Addition / Major Renovation* 2019 BEST Grant Application* • Animas High School, Durango, CO High School Relocation to Fort Lewis College Campus • Aspen Community School, Woody Creek, CO 2014 Campus Redevelopment* • Ross Montessori Charter School, Carbondale, CO 2016 New Charter School* • Colorado River BOCES, Garfield County, CO 2021 Master Plan – New Career Technical Education Center • High Mountain Institute, Leadville, CO Teacher Housing & New Academic Center • Lake County School District, Leadville, CO 2022 Master Plan Update 2022 BEST Grant Application 2019 Bond Program 2019 BEST Grant Application 2017-2018 Master Plan* 2012 Bond Program* Play Yard Improvements – 2 projects*: GOCO, DOLA Grants Hazardous Material Abatement Project* 2013 BEST Grant Application* High School Renovation & Addition* District-wide Security Upgrades* West Park Elementary School Replacement • Colorado Mountain College, Various Campuses Attainable Student Housing New Academic Center, Steamboat Springs, CO* Outdoor Gear Storage Building, Leadville, CO* Mixed Use Morgridge Commons, Glenwood Springs, CO* * Indicates project completed with a previous firm. DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 APPENDIX Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 APPENDIX Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 APPENDIX REFERENCE LETTERS DELTA COUNTY SCHOOL DISTRICT 50J 43 OWNER’S REPRESENTATIVE/CONSTRUCTION MANAGER DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 APPENDIX Avondale Apartments Project OWNER’S REPRESENTATIVE SERVICES DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3 Avon Professional Service Agreement [Dynamic Program Management, July 26, 2023] Page 16 of 16 EXHIBIT B (“Rates”) For 2023 fiscal year, Not-to-Exceed $95,370.00 Reimbursable travel expenses: Not-to-Exceed $10,000.00 DocuSign Envelope ID: 7E94A00A-1DA0-490F-AA47-583BC357D9F3