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HomeMy WebLinkAboutC96-074 KLP Consulting EngineersCV6745x
AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES
This Agreement Regarding Provision of Professional Services
("Agreement") dated effective as of April 1, 1996, is between KLP
Consulting Engineers, Inc. ("Consultant") and the County of
Eagle, Colorado, by and through its Board of County Commissioners
("County").
A. As a prerequisite to the issuance of a building permit,
the Eagle County Building Official is required to review for
compliance with the Eagle County Building Resolution ("Building
Resolution") the proposed plans and specifications for certain
work -- including the construction, demolition, alteration,
repair, moving or change in the class of occupancy of any
building, equipment or structure -- in the unincorporated areas
in Eagle County. The numbers of applications for building
permits occasionally exceed the ability of the Building
Official's staff to timely conduct those reviews. Some proposed
work includes features or technologies of a nature for which the
Building Official is not staffed to review.
B. Upon the recommendation of the Building Official, the
Board has determined that it is necessary and appropriate for the
County to enter into a contract to provide professional
assistance to the Building Official by reviewing certain building
permit applications (the "Work").
C. Consultant has submitted to Building Official and the
Board a proposal for performing the Work and represented that it
has the expertise and personnel necessary to properly and timely
perform the Work.
D. Consultant and County intend by this Agreement to set
forth the scope of the responsibilities of the Consultant in
connection with the Work and related terms and conditions to
govern the relationship between Consultant and County in
connection with the Work.
Therefore, for good and valuable consideration, including
the promises set forth herein, the parties agree to the
following:
1. Scope of the Work: The Work shall be comprised of the
following:
a. Review assigned building permit applications (or
assigned portions thereof), including the plans and
specifications, for the purpose of determining, and determine,
whether or not the proposed work complies with the applicable
Eagle County Building Resolution, including deciding the
applicable (i) occupancy classification and (ii) type of
construction.
b. Provide the results of the reviews (original and
supplementary) in writing to the Building Official.
C. Provide a copy of the results of the reviews
(original and supplementary) to the permit applicant, and review
any changes in the application which are made by the applicant in
response thereto, until the application complies with the
Building Resolution or the applicant declines or fails to make
changes in the application.
d. When Consultant determines that an application
complies with the Building Resolution, inform County of that and
of Consultant's determination of occupancy classification and
type of construction.
e. As needed or as requested by the Building
Official, provide technical assistance and advice to, and consult
with, the Building Official in determining the appropriate
application of the Building Resolution to building permit
applications (or parts thereof) assigned to Consultant for
review.
f. In the event of any administrative or court
challenge to the determinations made with respect to the building
permit application, to be available to consult with the County
Attorney at his request and to be available as a witness both at
deposition and at any hearing in any such administrative
proceeding or court action for the purpose of providing testimony
concerning the determinations.
All Work shall be subject to the oversight and direction of the
Building Official. However, the Work to be done by Consultant is
of a technical nature requiring professional judgment, training
and experience. Consultant shall perform the Work in a skillful,
professional and competent manner and in accordance with the
standards of care, skill and diligence applicable to certified
plan examiners and licensed engineers, as the case may be, with
respect to similar work.
2. Term of Contract:
a. This Agreement will be for a term beginning on its
effective date first written above and continuing through and
including December 31, 1996. This Agreement shall automatically
renew annually for one-year terms beginning on January 1, unless
a party gives the other party notice of its election not to renew
at least 45 days before the end of the preceding term.
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b. Notwithstanding anything to the contrary provided
in this Agreement, no charges shall be made for Work done after
December 31, 1996, or for work done in any new term of the
Agreement, without the written approval of the County in
accordance with a budget adopted by the Board in accordance with
the provisions of Article 25 of Title 30 of the Colorado Revised
Statutes and the Local Government Budget Law (C.R.S. §29-1-101 et
seq.).
C. This Agreement is terminable by either party, with
or without cause, upon 60 days' written notice to the other
party.
3. No Reps ssentat,' on _of_ C un y' s Requirements: County
makes no representation or warranty of the number or nature of
building permit applications (or portions thereof) it will assign
to Consultant, or that it will assign any, nor does it make any
representation or warranty about the timing of any assignments
that are made.
4. CQn$ tant's Authgr__ity: In performing the Work the
Consultant is acting as an independent contractor and not as an
employee or agent,of the County or of the Building Official. The
Consultant shall in no event have the authority of the Building
Official as set forth in the Building Resolution. Consultant
shall not represent itself to third parties as having such
authority, and, if it learns or by the exercise of reasonable
diligence should have learned that a third party believes
Consultant to have any such authority, Consultant shall take
reasonable steps to inform such party of this paragraph.
5. County shall pay to
Consultant for the performance of the Work as follows:
a. For reviews of assigned building permit
applications, including communicating with the Building Official
and with permit applicants and consultation with the County
Attorney, Consultant shall be paid compensation for time actually
spent in connection therewith at the rate as defined in Exhibit
"A" attached hereto and made a part hereof.
b. For appearing at depositions and hearings,
Consultant shall be paid compensation for time actually spent
therefor at the rate of $135.00 per hour.
C. Consultant shall submit billings to County on a
monthly basis no later than the 10th day of the month following
the month in which the work billed was done. Such billings shall
segregate the charges for work done by assigned building permit
application. Upon request, Consultant shall provide County with
such other supporting information as County may request. County
shall pay all properly submitted invoices within 30 days after
K,
receipt of each such invoice and any supporting information
requested by County.
d. The hourly rates specified above may be changed
from time -to -time by Consultant, provided that it gives 60 days'
written notice of such change to County. No change in rates
shall apply to Consultant's Work with respect to any building
permit application assigned to Consultant prior to the effective
date of the change.
e. In no event shall the total of charges for the
time of Consultant payable under this Agreement for services
rendered on or before December 31, 1996, exceed $15,000.00. In
no event shall the total of charges for services rendered in any
renewal term exceed $15,000.00, or such other sum as the Building
Official shall designate in writing to Consultant. It shall be
the responsibility of Consultant to advise the Building Official
in writing as soon as it appears likely to Consultant that the
portion of the Work to be performed before December 31, 1996, or
the end of any renewal term, if completed, will result in charges
in excess of such amount.
6. Time for Performance: The Work shall be performed in a
timely manner measured against the circumstances of a given
assignment and the County's objective of achieving a maximum two-
week turnaround of all building permit applications and of all
subsequent submittals in support of such applications.
Consultation with the County Attorney shall be performed at such
time and place as required by the County Attorney and attendance
at depositions and hearings shall be performed at such time and
place as required by the legal process or as may be agreed to
between the County and the party or parties involved in any
administrative proceeding or court action subject to reasonable
accommodation of the schedule of Consultant.
7. County will
provide Consultant at the time of the first assignment, or
earlier if requested by Consultant, one copy of the Building
Resolution, excluding copies of uniform building codes adopted by
the Building Resolution. Thereafter County will provide
Consultant with any amendments to the Building Resolution,
excluding amendments to it effected by changes in uniform
building codes, when such amendments are adopted. Consultant
will be responsible for knowing and applying the current
provisions of those uniform building codes.
8. Personnel: Consultant understands and hereby
acknowledges that County is relying primarily upon the expertise
and personal abilities of the persons described in Exhibit "B"
which is attached hereto and made a part hereof. No other
personnel shall participate in the performance of the Work
without the written consent of the Building Official, which
4
consent may be withheld in
Official. In all events,
case requires, by license
State of Colorado and plan
International Conference
performed by or under the
Petersen, P.E..
the sole discretion of the Building
the Work shall be performed, as the
d engineers currently licensed in the
examiners currently certified by the
of Building Officials, and shall be
oversight and supervision of Kent L.
9. No Assignment: The parties to this Agreement recognize
that the services to be provided pursuant to this Agreement are
professional in nature and that in entering into this Agreement
County is relying upon the personal services and reputation of
Kent L. Petersen, P.E. Therefore, Consultant may not assign its
interest in the Agreement, including the assignment of any rights
or delegation of any obligations provided therein, without the
prior written consent of County, which consent County may
withhold in its sole discretion. Except as so provided, this
Agreement shall be binding on and inure to the benefit of the
parties hereto, and their respective successors and assigns, and
shall not be deemed to be for the benefit of or enforceable by
any third party.
10. Conflicts of Interest: Neither Consultant nor any of
its principals, officers or employees shall, at any time during
the term(s) of this Agreement during which a building permit
application has been assigned to Consultant or remains pending,
perform design or other consulting work for the applicants --
including for the owners, contractors, architects and engineers
of or for the proposed work -- for any building permits
applications which are assigned to Consultant for review.
11. At all times during the term of this
Agreement, Consultant shall maintain the following insurance:
Workers' Compensation
Employer's Liability, including
occupational disease
Comprehensive Automobile Liability,
including all owned, non -owned and hired
vehicles
Professional Liability
Comprehensive General Liability,
including broad form property damage,
and broad form contractual liability
5
Statutory
$500,000
$500,000 combined
single limit
$250,000 per claim
with an aggregate
amount of $500,000
$2,000,000
All insurance required hereby shall be:
a. issued by an insurance company or companies
authorized to do business in the State of Colorado with a
financial rating satisfactory to County;
b. contain an endorsement or certificate executed by
the issuing insurance company or its representatives requiring 30
days written notice from the insurance company to County before
cancellation, termination, material reduction in the coverage, or
reduction in the amount of the policy;
C. contain a waiver of subrogation in favor of
County;
d. name County as an additional insured except as to
Workers' Compensation, Employer's Liability and Professional
Liability policies.
Consultant shall deliver certificates of required insurance to
the Building official within 15 calendar days of execution of
this Agreement by the Board.
a. Consultant agrees, to the fullest extent permitted by
law, to indemnify and hold County harmless from any damage,
liability or cost (including reasonable attorneys' fees and costs
of defense) to the extent caused by the Consultant's negligent
acts, errors or omissions in the performance of professional
services under this Agreement and those of his or her
subconsultants or anyone for whom the Consultant is legally
liable.
b. County agrees, to the fullest extent permitted by law,
to indemnify and hold the Consultant harmless from any damage,
liability or cost (including reasonable attorneys' fees and costs
of defense) to the extent caused by the County's negligent acts,
errors or omissions and those of its contractors, subcontractors
or consultants or anyone for whom the County is legally liabile,
and arising from the Work. Notwithstanding the generality of the
foregoing, no provision therein or elsewhere in this Agreement
shall be deemed a waiver of County's rights, privileges or
immunities under the Colorado Governmental Immunity Act, C.R.S.
§24-10-101 et seq., all of which are expressly reserved.
C. Consultant is not obligated
manner for County's negligence, nor is
indemnify Consultant in any manner for
0
to indemnify County in any
County obligated to
Consultant's negligence.
13. Notices: Any notice and all written communications
required under this Agreement shall be (i) personally delivered,
(ii) mailed in the United States mails, first class postage
prepaid, or (iii) transmitted by facsimile machine together with
a hard copy conveyed by delivery or mail, to the appropriate
party at the following addresses:
Consultant: KLP Consulting Engineers, Inc.
5995 Greenwood Plaza Blvd. #240
Englewood, Colorado 80111
Tel.: (303) 741-1300
FAX: (303) 741-1014
County: Mike Wheelersburg
Eagle County Building Official
P.O. Box 179
500 Broadway
Eagle, CO. 81631
Tel.: 970-328-8735
With respect to notices required by this Agreement: (a) mailed
notices will be deemed given three business days after the date
of deposit in a regular depository of the United States Postal
Service, and (b) FAX notices will be deemed given upon
transmission, if during business hours, or the next business day.
Either party can change its address for notice by notice to the
other in accordance with this paragraph.
14. Miscellaneous:
a. In the event either party to this Agreement brings
suit to enforce or interpret any portion of this Agreement, the
party prevailing in such action shall be entitled to recover all
reasonable attorney's fees.
b. The making, execution and delivery of this
Agreement by the parties hereto has not been induced by any prior
or contemporaneous representation, statement, warranty or
agreement as to any matter other than those herein expressed.
This Agreement embodies the entire understanding and agreement of
the parties, and there are no further or other agreements or
understandings, written or oral, in effect between them relating
to the subject matter hereof.
C. This Agreement may not be amended except by a
written document of equal formality executed by both parties
hereto.
d. This Agreement shall be governed by and construed
in accordance with the internal laws of the State of Colorado,
without reference to choice of law rules. The parties agree that
venue in any action to enforce or interpret this Agreement shall
7
be in the District Court in the 5th District for the State of
Colorado.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement
in multiple counterparts, all of which, together, shall be deemed
a single agreement, and each of which shall be deemed an original
of the Agreement. —_
a4 "aZ County:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: a BOARD OF COUNTY COMMISSIONERS
�pro�►�`0
dA
By: By:
Clerk to the Board of - s, Chairma
County Commissioners
(CORPORATE SEAL)
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3
Consultant:
KLP Consulting
1
ident
ineers, Inc.
en,
EXHIBIT "A"
Risk Allocations
In recognition of the relative risks, rewards and benefits of the project to both the Client and SER, the risks have been allocated
so that the Client agrees that, to the fullest extent permitted by law, the SER's total liability to the Client, for any and all injuries,
claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the
total amount of $50,000, the amount of the SER's fee (whichever is greater) or other amount agreed upon when added under
special conditions. Such causes, include, but are not limited to the SER's negligence, errors, omissions, strict liability, breach of
contract or breach of warranty.
H01TRLY ilATE SICHEDI11
OFFICE FEES:
Principal
Associate Principal
Senior Project Engineer
Project Engineer
Design Engineer
Senior Designer
CADD Operator
Field Technician
Technician/Designer
Draftsman
Typist
DIRRCT COSM
Reproduction
-Blue Prints (24 x 36)
-Blue Prints (30 x 44)
-Carbon Copies (Xerox)
-Other
Mileage
Transportation Commercial Carrier
Communications
Outside Consultants
Travel Expense (Meals, Lodging, etc.)
$100.00 per hour
$85.00 per hour
$72.00 per hour
$60.00 per hour
$50.00 per hour
$48.00 per hour
$40.00 per hour
$36.00 per hour
$34.00 per hour
$32.00 per hour
$30.00 per hour
$1.75 each
$2.25 each
$0.20 each
Cost + 10%
$0.30/mile
Cost + 10%
Cost + 10%
$75.00 per hour unles negotiated
Cost + 10%
EXHIBIT "B"
Based on the proposed Work, the Consultant will plan on utilizing the following staff or
professionals to accomplish the Work.
Kent L. Petersen, P.E.- Mr. Petersen is a registered professional engineer in eleven states with
over twenty-six years of structural engineering. He is an I.C.B.O. professional member along with
former president of the Structural Engineers Association of Colorado and many other memberships
in professional or material societies. He is the President of KLP Consulting Engineers, Inc. which he
formed in 1984.
Michael John Ballou, P.E.- Mr. Ballou is a registered professional engineer with the last six year
having been with a local building department in reviewing of commercial architectural and structural
plans for conformance to the Uniform Building Code. He has over twenty years in the field on
structural engineering. Mr. Ballou will be the major contact for the proposed Work for the agree-
ment upon his full time employment with the Consultant. He currently is finishing several projects at
the present project position.
Randolph H. Curry- Mr. Curry is a registered architect with nearly thirty years of experience. He
currently is the president of Curry and Associates while assisting KLP Consulting Engineers, Inc. in
the areas of architectural design and detailing when needed. His office is contiguous with the
Consultant's office. He will assist in those areas beyond the expertise of the Consultant.
Mechanical and Electrical Professionals- The Consultant has several very qualified mechanical
and electrical consulting engineering firms within the general work area that we have a good
working relationship. Depending on the desires of the County for each Work assignment, these
areas of the code will be schedule with one of these firms as schedule require.