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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. 2 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) \klp.con 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.