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Home My WebLink Aboutbocc.con.amended.011.2010F Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET �u�� CONTRACT #: 011.2010F OR[GINATING DEPARTMENT: Pitkin County Facilities PROCUREMENT OFFICER: Jodi Smith PHONE#: 9709205396 PROJECT NAME: Library Expansion: Electronic Document Release CONTRACTOR: Willis Pember Architects �SBD .D'D DOLLAR AMOUNT: �S LINE ITEM # 116.63.95508.82000 CONTRACT EXECUTION DATE: 9/30/2013 CONTRACT END DATE: AUTOMATIC RENEWAL: ❑ YES � NO TERM: ❑ BOCC AGENDA ITEM (Grants, IGA) � STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER$50,000 (Requires Section Leader& County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None � Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ti❑ Services/Maintenance ❑ Employment ❑ License/Use ❑ Intergovernmental Agreement(Resolution Required) ❑ Lease ❑ Non-Profit ❑ Construction ❑ Quasi-Public (e.g:AVH) ❑ Goods, Equipment, Supplies ❑ Grant Agreements(Notify Finance& Resolution Required) ❑ Other(e.g. revenue) � Change Order/Contract Amendment (C/0: 10%or$25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices'must be attached for the following: ✓ �No Pages Missing ✓� All Other Blanks Filled In ✓ � If Page Left Intentionally Blank—Note on Page ✓� All Exhibits Attached ✓ � Page numbered consecutively ✓� All Legal Descriptions attached ('rjapplrcable) ✓ � All Original Signatures Affixed ✓� Notice ofAward/Notice to Proceed Attached (fapplicable) ✓ � All Dates Filled In ✓� Warranty(if applicable) ✓ � Special Instructions for Finance Department: ✓ � Authorized Procurement Officer's Name: Jodi Smith, Facilities Manager BY CHECHING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THI5 CHECKLIST! CONTMACi iU11.2030 ' ��NE IEY 188.83.85508.82000 D � �11.ZD1�F WILLIS PEMBEH ARCHITECTS � 412NORTHMILLSTREET � ASPEN,CO 81611 I 970.920.1727 Electronic Document - Release and Indemnification Form To: Jodi Smith, Facilities Manager, Pitkin County, CO 20 September 2013 Re: Pitkin County Library Expansion Contracl#011.2010 Ledger#166.63.95508.82000 WPA Project Number—#1002 Dear Jodi Smith: At your request and with the approval of the Owner, Willis PemberArchitects(WPA) will provide ceRain electronic files for your convenience. Properties solely for this particular purpose and subject to the following terms and conditions: A. All requested drawings, specification or other electronic documents of any kind or format. WPA makes no representation as to the compatibility of these files beyond the specified release of the referenced software, ACAD 2012, nor does WPA make any representation as to the compatibility of the files on any other software or hardware. B. Information presented on the electronic files is considered paR of WPA's "instruments of professional service", and require professional interpretation and judgment. Any other use or reuse by you or by others who obtained the electronic files directly or indirectly through you, will be at your sole risk and without any liability or legal exposure whatsoever to WPA. Furthermore, you agree, to , the fullest extent permitted by law, to defend, indemnify and hold harmless WPA from all claims, damages, losses and expenses, including attorney's fees arising out of or resulting from your use of the electronic files. You further agree to make no claim and hereby waive, for yourself and your subcontractors, to the fullest extent permitted by law, any claim or cause of action of any nature against WPA, its officers, directors, employees, agents or subconsultants which may arise out of, or in connection with, your use of the electronic files. C. WPA makes no representation regarding the accuracy or completeness of electronic files. Addenda information or revisions made.after the date indicated on the electronic files have not been incorporated and WPA assumes rio responsibility by virtue of this Agreement to'advise you of any subsequent amendments, revisions or addenda. These electronic files are not Contract Documents for Construction. Significant differences may exist between these electronic files and similar Contract Documents due to addenda, change orders or other revisions. WPA makes no representation regarding the accuracy or completeness of electronic files. In the event that a conflict arises between the signed and sealed Contract Documents prepared by WPA and/or its sub-consultants, and electronic files, the signed and sealed Contract Documents shall govern. You are responsible to determine if any conflict exists. By your use of these electronic files, you are not relieved ot your duty, if any, to fully comply with the Contract Documents, including without limitation the need to check, confirm and coordinate all dimensions and details, take field measurements, verify field conditions and coordinate your work with that of other contractors, if any, and to fully and properly supervise your subcontractors. D. Due to the potential that the information presented on the elect�onic files can be modified unintentionally or otherwise, WPA reserves the right to remove all indicia of its ownership, authorship and/or involvement from each electronic display. However, by doing so, WPA does not WPA statement of policy 9.2013 waive, modify or limit its ownership, authorship or rights for purposes of the copyright or intellectual property laws, rules, regulations or procedures. E. WPA will furnish the requested electronic files via e-mail to: Jodi Smith(Jodi.Smith@co.pitkin.co.us] F. A service fee of$500.00 per shall be paid prior to issuance of the electronic files, and cover costs to prepare files for transfer. G. No warranty, express or implied, including without limitation, the implied warranty of inerchantability and fitness for a particular purpose is made respecting this Agreement or the electronic files. H. Any purchase order number provided by you is for your accounting purposes only. Purchase order terms and conditions are void, are expressed disclaimed and are not a part of this agreement I. This is solely an agreement between Pitkin County and WPA. There are no third party beneficiaries to this agreement. However, you agree to impose the same limitations and conditions contained herein upon the use of the electronic files upon any of your subcontractors or consultants to which access is given to the electronic files provided under the terms of this Agreement. J. In the event of any litigation arising from or related to the terms of this Agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. K. The laws of Colorado shall govern this agreement. AUTHORIZED ACCEPTANCE: Willis Pember Architects, Inc [Pitkin County] 0 / By � /`-CN��YLW ey �""_ a��/�v�/`�"-" Title Pnncipal TiUe ��1��.CLs `--�^'�� Date 927.2013 � Date � �D �� WPA statement of policy 2012