HomeMy WebLinkAboutbocc.con.158.2014 Rev. 08-30-11 j(s
111111, COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 158-2014
ORIGINATING DEPARTMENT: Engineering
PROCUREMENT OFFICER: Gerald Fielding PHONE #: -9205206
PROJECT NAME: Lenado Bridge Inspection CONTRACTOR: Alfred Benesch & Company
DOLLAR AMOUNT: $1,560.00 LINE ITEM# 110.54.96600.82000
CONTRACT EXECUTION DATE: 3/12/2014 CONTRACT END DATE: 7/31/2014
AUTOMATIC RENEWAL: ❑ YES ®NO TERM:
El 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 El Outside Agency/State Bid
El Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
® Services/Maintenance ❑ Employment
❑ License/Use El Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
El Construction ❑ Quasi-Public (e.g.-AVH)
El Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Other(e.g. revenue) El Change Order/Contract Amendment
(C/O: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ Z No Pages Missing ✓® All Other Blanks Filled In
✓ ® If Page Left Intentionally Blank—Note on Page ✓® All Exhibits Attached
✓ ® Page numbered consecutively ✓® All Legal Descriptions attached (f applicable)
✓ ® All Original Signatures Affixed ✓®Notice of Award/Notice to Proceed Attached (if applicable)
✓ ® All Dates Filled In IN Warranty(if applicable)
✓ ® Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name: Gerald
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
•
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COUNT
Qri \7 --- Contract: I 140-0,20/y 1
PITKIN COUNTY STANDARD FORM OF AGREEMENT
AGREEMENT made as of 1zT) day of Ifvlarch 1201 I"1I ,BETWEEN the Board of County
&
COMMISSIONERS OF PITKIN COUNTY(the BOCC") and (Alfred Benesch Company I--.1
(herein after called the "Contractor"to provide services for:
Board of County Commissioners of Pitkin County Contract Amount:$ 11,560 _I
C/O 16 Or vice a / goer I
Address %ow co fall , Project Minor Structure Inspection fora Bridge located near
e j Name: Lenado in Pitkin County
Phone 7�J 9 )Q - £ C1 ' .._.._........._.......- —_ i
r
----- Scope of services detail attach as exhibit below
And the Professional(Contractor Info): Exhibits as appended and made a pail of this Agreement:
i efer to Exhibit A for defined Scope and
Name Services
Alfred Benesch&Company Exhibit A
Address 7979 E.Tufts Avenue,Suite 800
Phone Denver,Colorado 80237
abrown @benesch.com This agreement will terminate on Jul 31,2014 and will require
E-mail ---"--I e� f��\^J
— ----- --------
a documentation in succeeding years4o be effective.`.\ \
The purpose of this agreement is to summarize the pertinent terms of Pitkin County's arrangeraetit with you. The County's
obligation under the Workers' Compensation Statute requires Pitkin County and you to formalize the terms of this
engagement in a notarized writing.
It is mutually agreed that the County does not have an exclusive right to your services and it is contemplated that you
may provide similar work to other businesses, governments and non-profit organizations. You acknowledge that the
work performed'for Pitkin County will be that of an independent contractor and that no employee-employer relationship
is created. You have full control over how the services are performed and it is expected that work will be conducted in
accordance with industry standards by applying professional judgment. The County will provide, if necessary,
documents and information to complete the work described in the scope of work. The County representative signing this
letter is available to you to discuss any details related to this agreement. You acknowledge and agree that you shall not
be entitled to workers' compensation benefits in connection with this project and that you shall be responsible for
the payment of all state and federal income taxes.
You shall obtain,and maintain continuously for the term of this arrangement, at your own expense,occurrence form
Commercial General Liability with limits of $1,000,000 Each Occurrence, $1,000,000 I General Aggregate and
i --T--
I.51;000,000._._..__ � Products/Completed Operations Aggregate including an endorsement naming the County as an additional
insured (for ongoing operations andy completed operations) and/or other insurance to indemnify the County for the
activities and services of this of this.arrangement:.You.are not relieved of any liability or other obligations assumed
pursuant to this arrangement by reason of your failure to obtain or maintain insurance or by reason of your failure to
pcocute oranaigtaitlASttmn.Ge in sufficient amounts,durations, or types.
'1 53432 NI A2el.iat,i l' : .,
AgreSahtfOr$I'M.)4 1010`l to e�.101 r, 11
Page 1 Fl....,. .._�1•_._ ......�.._,......._......�...,. I
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EXHIBIT A
benesch
engineers • scientists • planners
CONSULTING SERVICES AGREEMENT
CLIENT Pitkin County Project Name Pitkin County Minor Bridge Inspection,
Address Pitkin County Single Minor Structure,Near Lenado
530 E.Main,3"'Floor
76 Service Center Road,Aspen,CO 81611 Project Location Pitkin County,CO near Lenado
Telephone .970-920-5206 ..
Client Contact GR Fielding,P.E. Consultant PM Andrew Brown
Client Job No. Consultant Job No.
This AGREEMENT is made by and between Pitkin County, hereinafter called "CLIENT," and Alfred Benesch &
Company, hereinafter called "CONSULTANT', for professional consulting services as specified herein.
CONSULTANT agrees to provide CLIENT with requested consulting services more specifically described as
follows(or shown in Attachment A):
Send a qualified.Team Leader and Technician to field visit the bridge,measure and detail enough information to produce an
inspection report and to perform a standard timber bridge load rating based on a HS20 design vehical. Inspection report will
be performed in May*2014 in coniunction with qualifying bridges;report will be similar.to that of qualifying bridges. .
The GENERAL CONDITIONS and the following Attachments are hereby made a part of the AGREEMENT:
Attachment A: Scope of Services and Fee Estimate
Attachment B: Schedule of Unit Billing Rates
_ Attachment C:
or
❑ Exhibit A:Work Authorizations specifying Method of Payment, Scope,and Fee
By signing this AGREEMENT, CLIENT acknowledges that it has read and fully understands this AGREEMENT
and all attachments thereto. CLIENT further agrees to pay CONSULTANT for services described herein upon
receipt of invoice by CLIENT for the CONSULTANT's estimated fee as described below:
BY LUMP SUM: $1560.
BY TIME AND MATERIALS:$_.
_ BY OTHER PAYMENT METHOD(See Attachment ):$
AS SHOW N'ON'SERIALLY NUMBERED WORK AUTHORIZATIONS USING EXHIBIT A
IN WITNESS WHEREOF,the parties hereto have made and executed t i GREEMENT:
I C E T A _ ED BENS9CH�&�C1M Y
BY: % t1I100 BY:
AUTHORIZ r REPRESENTATIVE AUTHORIZED REPRESENTATIVE
DATE: 57 - .20(q DATE:2/12 ,2014
TITLE: COM446. e'er TITLE: Senior Vice President
BENESCH OFFICE:Denver
ADDRESS:7979 E. Tufts Ave., Suite 800
Denver, CO 80237
PLEASE SIGN AND RETURN ONE COPY TO ALFRED BENESCH&COMPANY(ADDRESS ABOVE).
Std S Client Agree
September 2010
3
benesch
engineers •.scientists.planners
2.4.5 The billing rates specified in 4.3 Successors and Assigns
ATTACHWRT B for subsequent years shall be adjusted 4.3.1 CLIENT and CONSULTANT each binds
annually in accordance with CONSUL-TANT's costs of itself anti its partners, successors, executors,
doing business, subject to CLIENT's review and administrators, assigns, and legal representatives to the
concurrence. r other party to this AGREEMENT and to the partners,
successors, executors, administrators, assigns, and legal
representatives of such other party, In respect to all
SECTION III-Term of Agreement covenants, agreements, and obligations of this
AGREEMENT.
3.1 Term 4.3.2 Neither CONSULTANT nor CLIENT shall
C-ONSUL fANT's obligations to perform under this assign or transfer any rights under or interest in(including,
AGREEMENT shall extend from the date of execution until but without limitation, moneys that may become due or
terminated by either party. money's that are due) this AGREEMENT without the
3.2 Abandonment of W written consent of the other party, except as stated in
CLIENT Abandonment men the Work or lute right to abandon any work paragraph 4.3.1 and except to the extent that.the effect of
9 Y this limitation may be restricted by law. Unless
requested hereunder or to change the general scope of specifically stated to the contrary in any written consent to
the work at any time, and such action on its part shall in an assignment, no assignment will release or discharge
no event be deemed a breach of contract. the assignor from any duty or responsibility under this
AGREEMENT; Nothing contained in this paragraph shall
3.3 Termination of AGREEMENT prevent CONSULTANT from employing such independent
This AGREEMENT may be terminated for convenience on consultants, associates, and subconsultants as it may
thirty (30) days' written notice or for cause if either party deem appropriate to assist in the performance of services
fails substantially to perform through no fault of the other hereunder.
and does not commence and make a continuing effort to 4.3.3 Nothing herein shall be construed to give
effect correction of such non-performance within seven(7) any rights or benefits hereunder to any one other than
days of written notice. CLIENT and CONSULTANT'except as otherwise provided
3.4 Payment for Work Upon Abandonment or herein.
AGREEMENT Termination 4.4 Compliance with Law
If CLIENT abandons requested work or terminates this 4.4.1 CONSULTANT shall comply With, and
AGREEMENT, CONSULTANT shall be paid on the basis cause its subconsultants to comply with, applicable
of work completed to the date of abandonment or effective Federal, state, and local laws, orders, rules, and
date of termination. CONSULTANT shall 'perform no regulations relating to the performance of the services
activities other than reasonable wrap-up activities after CONSULTANT is to perform under this AGREEMENT.
receipt of notice of abandonment or termination. Payment 4.4.2 Neither the CONSULTANT nor the
for the work shall be as established under Section II. CONSUL I ANT'S agents or employees shall discriminate
against any employee or applicant for employment to be
SECTION IV-General Considerations employed in the performance of this AGREEMENT With
respect to hiring,tenure,terms,conditions,or privileges of
4.1.Assignment and Responsibility for Personnel employment, because of race, color, religion, sex, or
4.1.1 The assignment of personnel and all national origin.
phases 6Tthe undertaking Of the services which 4.5 Ownership and Reuse of Documents
CONSULTANT shall provide hereunder shall be subject to 4.5.1 All drawings, specifications, test reports,
the oversight and general guidance of CLIENT. and other materials and work products winch have been
4.1.2 While upon the premises of CLIENT or
property der its control, all employees. agents, and prepared or famished by CLIENT prior C to this
of CONSULTANT- shallzbe' subject to AGREEMENT shall remain CLIENTS property. CLIENT
CLIENTS rules and regulations respecting its property shall make available to CONSULTANT copies of these
and the conduct of its employees thereon. thetservi as necessary for the CONSULTANT to perform
4.1.3 However, it is understood and agreed that the services requested hereunder.
in the pen ante of the work and obligations hereunder, ? All drawings, specifications, test reports,
CONSULTANT shall be and remain an independent and other materials- and work products, including
Consultant and that the employees, agents or computer aided drawings, designs,and other data filed on
subconsultants of CONSULTANT shall not be considered electronic media which will be prepared or furnished by
employees of or subject to the direction and control of CONSULTANT (arid CONS L nsulta independent
CLIENT. CONSULTANT shall be responsible for the professional associates and sof service under this
supervision and performance of all subconsultants which AGREEMENT,are instruments of service in respect to the
are to'perfoim hereunder. Project and CONSULTANT shall retain an ownership and
property Interest therein whether or not the Project is
4.2 Insurance completed. CLIENT may make and retain copies for
4.2.1 CONSULTANT shall famish CLIENT a .information and reference in connection with the use and
certificate of insurance upon request showing amounts the occupancy of the Project by CLIENT and others;
and types of insurance carried by CONSULTANT, which however, such documents are not intended or
certificate shall contain a commitment by the Insurance represented to be suitable for reuse:by CLIENT or others
Company that during the time any work is being on extensions of the Project or on any other project.
performed by CONSULTANT under this AGREEMENT it Further, CONSULTANT makes no les with as to the
will give CLIENT ten (10) days' advance notice of compatibility of computer data files wth computer
cancellation or change in the insurance coverage shown software and software releases other than that used by
on such certificates. CONSULTANT in performing services herein, and the
condition or availability of the computer data after an
acceptance period of thirty (30) days from delivery to
Std S Client Agree
September 2010 .
benesch
engineers•scientists•planners
such equipment which cannot reasonably be 5.3 No Special or Consequential Damages
decontaminated and is delivered to CLIENT pursuant to CLIENT and CONSULTANT agree that to the fullest
this AGREEMENT. extent permitted by law CONSULTANT shall not be liable
to CLIENT for any special, indirect, or consequential
4.12 Discovery of Unanticipated Pollutant and damages whatsoever, whether caused by
Hazardous Substance Risks CONSULTANT's negligence, errors, omissions, strict
4.12.1 If CONSULTANT, while performing the liability, breach of contract, breach of warranty, or other
services, discovers pollutants and/or hazardous cause or causes.
substances that pose unanticipated risks, it is hereby
agreed that the scope of services, schedule, and the 5,4 Indemnification
estimated cost of CONSULTANTs services will be To the fullest extent permitted by law, CLIENT agrees to
reconsidered and that this AGREEMENT shall defend, indemnify, and hold CONSULTANT, its agents,
immediately become subject to renegotiation or subconsultants, and employees harmless from and
termination. against any and all claims, damages, losses and
4.12.2 In the event that the AGREEMENT is expenses, defense costs including attorneys' fees, and
terminated because of the discovery of pollutants and/or court arbitration costs and other liabilities arising out of or
hazardous substances posing unanticipated risks, it is resulting from wholly or in part, the performance of
agreed that CONSULTANT shall be paid for its total CONSULTANT's services hereunder, including the
charges for labor performed and reimbursable charges transport of disposal of hazardous samples or
incurred to the date of termination of this AGREEMENT, contaminated equipment by CONSULTANT on behalf of
including, if necessary, any additional labor or CLIENT, or the presence, release, or threatened release
reimbursable charges Incurred in demobilizing. of asbestos, hazardous substances, or pollutants on or
4.12.3 CLIENT also agrees that the discovery of from the project property; provided that CLIENT shall not
unanticipated pollutants and/or hazardous substances indemnify CONSULTANT against liability for damages or
may make it necessary for CONSULTANT to take expenses to the extent caused by the negligence of
immediate measures to protect health and safety. CONSULTANT,its agents,subcontractors,or employees.
CONSULTANT agrees to notify CLIENT as soon as
practically possible should unanticipated pollutants and/or 5.5 No Third Party Beneficiaries
hazardous substances be suspected or encountered. CLIENT and CONSULTANT expressly agree that
CLIENT authorizes CONSULTANT to take measures that AGREEMENT does not confer upon any third party an
in CONSULTANT's sole judgment are justified to preserve rights as beneficiary to this AGREEMENT.
and protect the health and safety of CONSULTANTS CONSULTANT accepts no responsibility for damages, if
personnel and the public. CLIENT agrees to compensate any, suffered by any third party as the result of a third
CONSULTANT for the additional cost of taking such party's use of the work product, including reliance,
additional precautionary measures to protect employees' decisions,or any other action taken based upon it.
and the public's health and safety. This section is not
intended to impose upon CONSULTANT any duties or CLIENT agrees that CONSULTANT's services and work
obligations other than those imposed by law. products are for the exclusive present use of CLIENT.
CLIENT agrees that CONSULTANTs compliance with any
SECTION V-Professional Responsibility request by CLIENT to address or otherwise release any
portion of the work product to a third party shall not
5.1 Performance of Services modify,rescind,waive,or otherwise alter provisions of this
CONSULTANT will strive to perform services under this AGREEMENT nor does it create or confer any third party
P beneficiary rights on any third party.
AGREEMENT in a manner consistent with that level of
care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under SECTION VI-Governing Law
similar conditions. No other representation, express or
implied, and no warranty or guarantee is included or This AGREEMENT is to be governed by the laws of the
intended in this AGREEMENT, or in any report, opinion, State of Illinois.
document,or otherwise.
5.2 Limitation of Liability
CLIENT and CONSULTANT agree to allocate certain of
the risks so that, to the fullest extent permitted by law,
CONSULTANTS total liability to CLIENT is limited to
$50,000 or CONSULTANTs fee,whichever is greater,this
being the CLIENTS sole and exclusive remedy for any
and all injuries, damages, claims, losses, expenses, or
claim expenses (including attorney's fees) arising out of
this AGREEMENT from any cause or causes. Such
causes include, but are not limited to, CONSULTANT's
negligence, errors, omissions, strict liability, breach of
contract,or breach of warranty. CLIENT understands that
dollar limits higher than that indicated above are available.
If CLIENT wishes to discuss these other limits and their
impact on CONSULTANT's fee, CLIENT should contact
CONSULTANT prior to executing this AGREEMENT.
f
Std S Client Agree
September 2010 7