HomeMy WebLinkAboutresolution.council.066-21 RESOLUTION # 066
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND STUTSMAN-GERBAZ EARTHMOVING INC. AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
on-call excavation services for the electric department between the City of Aspen
and Stutsman-Gerbaz Earthmoving Inc., a true and accurate copy of which is
attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
on-call excavation services for the electric department between the City of Aspen
and Stutsman-Gerbaz Earthmoving Inc., a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 13th day of July, 2021.
7ZW
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, July 13th, 2021.
UXit�-
Nicole HeNiing, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT CITYOFASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.:2021-l 62
AGREEMENT made as 01'June 30"'2021.
BETNVEEN the City:
Contact Amount:
The City o['Aspcn
C/O Justin Forcn)an
130 SOuth Galena Street Total:Shall not exceed $80,00 per one year
Aspen, Colorado 81611 contract
Phone: (970) 920-5083
If this Agreement requires the City to pay an
And the Professional' amount of money in excess of
$50,000.00 it shall not be deemed valid
SttttSmdt)-GCI'baL Inc. until it has been approved by the City
c/o Shay Sttttsmatl Council of the City of Aspen.
30376 State Highway 82 City Council Ap Rrt wal:
Snowmass, CO 81654
Phone: 970-379-0040 Date:
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ReSOIUIIon No.:
For the Following Project:
On Call (AS Needed) Excavation Services for City Electrical Department
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Exhibits appended and made a part of this Agreement: k
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Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
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The City and Professional agree as set forth below. p
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I. Scope of Work. Professional shall perlorm In a competent and professional manlier the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
6-22-2022. Upon request of the City, Professional shall submit, for (lie City's approval, a schedule
for the performance of Professional's services which shall be adjusted as required as the project
proceeds, and which shall include allowances for periods of time required by (lie City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause,
be exceeded by the Professional.
3. Payment. hi consideration of the work performed, City shall pay Professional on a time and a
expense basis for all work performed. The hourly rates for work performed by Professional shall not j
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City r.
shall review such invoices and, if they are considered incorrect or untimely, the City shall review j
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each t
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums clue which may be clue to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of
this Agreement by the Professional, and the City may withhold any payments to the Professional
for the purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
7. hidependent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
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employment relationship. Professional shall be, and shall perlorm as, an independent Contractor
who agrees to use his or her best eflorts to provide (lie said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance
and unemployment insurance, are available fi-om City to the employees, agents or setvants of I
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with F
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein. !
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8. indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, oil
account of injury, loss, or damage, including without limitation claims arising from bodily ►nilay,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
Whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate,handle,respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of
a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by
the let, omission, or other fault of the City, its ofTicers, or its employees, the City shall reimburse
the Professional for the portion of the judgment attributable to such act, omission, or other fault of
the City, its officers,or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration,or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
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coverages shall be procured and maintaincd with 1,61-ills-Ind insurance acceptable to the City.
All coverages shall be continuously inaintained to cover all liability, claims, demands, and
other obligations assured by the Professional pursuant to Section S above. In the case of
any claims-made policy, the necessary retroactive elates and extended reporting periods shall
be procured to maintain such continuous coverage.
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(i) IVorkers' Compensation insurance to covet' obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liabililj, insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) liar each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and TWO MILLION DOLLARS
($2,000,000.00) disease - each employee. Evidence of qualified self-insured status
may be substituted for the Workers' Compensation requirements of this paragraph.
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(ii) Commercial General Liabilil), insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. 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.
(iii) Comprehensive AnIolnobile Liabililj, insurance with minimum combined i
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS i
($2,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
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(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising
from completed operations. The Professional shall be solely responsible for any deductible
losses under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in fiill force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The
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certificate shall identify this contract and shall provide that the coverages afforded Linder the
policies shall not be canceled, terminated or materially changed until at least thirty (30) days
prior written Notice has been given to (lie City.
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(c) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and llliilinitiill limits shall constitute a inaterlal breach of
contract upon which City may immediately terminate this contract, or at its discretion City
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 City shall be repaid
by PCOfCSSiOnal to City Upon demand, or City dray offset the Cost of the premiums against
illonies due to Professional from City.
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(1) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive'or
intend to waive by any provision of this contract, the monetary limitations (presently i
$350,000.00 per person and $990,000 per occurrence) or any other rights, ininlunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as fi-onl time to time amended, or otherwise available to City, its officers, or its l
employees. s
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term,covenant,or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other terns.No term,covenant,or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term,covenant,
or condition to be performed by Professional to which the same may apply and, until complete
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performance by Professional of said term, covenant or condition, the City shell be entitled to involve
any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
15. Execution oi'Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the Contrary coIltained herein, this Agreement shall not be binding Upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
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16. Illegal Aliens--- CRS 8-17.5-101 & 24-76.5-101
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a Purpose During the 2006 Colorado legislative session the Legislature gassed
House Bills 06-1343 (subsequently amended by FIB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. Tile following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program !
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
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(i) Professional shall not knowingly erliploy or contract new employees
\-vthout conlirnling the employment eligibility ofall such employees hired 1101-
employment in the United States under the Public Contract for Services.
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(ii) Professional shall not enter into a contract with a subcontractor that Tails to 1
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
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(iii) Professional has verified or has attelllpted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ ally new
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employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such l
application within five (5) days of the (late of the Public Contract. Professional f
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until t
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Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) "Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply, with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection'8-17.5-102 (5), C.R.S.
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(vii) If Profcssional violates any provision of the Public Contract iOr Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation oi�Subsection
8-17.5-102, C.R.S.
(viii) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 ef seg., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. I
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the 3
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any 1
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
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aVallable. if this Agreement conlenlplates the City Utilizing state of Icdel'ilI IUn(Is 10 nice[ its
obligations Herein, this Agreement shall be contingent upon the availabili lily of those funds for
payment pursuant to the terms of this Agreement.
19. General 'berms.
(a) It is agreed that neither this Agreement nor any of"its terns, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
pal-ties. t
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other.
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a 3
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writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County,
Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the grounds that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
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because of any breach hereof or because of any of' the terms, covenants.. agreements or
conditions lierein contained.
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22 Attorneys Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
23. Waiver of Presumption. '['his Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise fur or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. in the event x
that Professional or any lower tier participant was unable to certify to the statement, an
explanation was attached to the Bid and was determined by the City to be satisfactory to the City.
25. integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. hi addition, Professional understands that no t
City official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
26. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
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CITY Ol \ti�'��Tgd eD L.OK�\DU: PROI-T S1ONAL:
[ G.0 hf _
IS90511Ell ECOHC... I5 �YUt�fCl
Sara Ott
By: Sara
[Nama] INatel
"Title: City Manager Title: (�FU
7/15/2021 17:26:27 AM PDT
Datc: Date: J,2/apV-�o �4
Approved as to form:
tty Attorney's Office
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EXHIBIT A PROI'Y'SSIONAI, SERVICES AGRI;EIvII;Nf
The project will include but is not limited to: locates, Communicating with citizens,
businesses, permitting entities regarding the impact of the work, securing or assisting
staff with obtaining required permitting and bonding, securing the dig area, removing
surface treatments, digging up damaged primary/secondary or street light circuit electric
lines, traffic control, backfill after repair is completed; replace surface materials including
but not limited to: landscape materials, topsoil, roadbase, native ground cover, concrete
or asphalt.
1.1.0 Project Description, Background, Scope
The City of Aspen Electric department seeks proposals from qualified contractors to z
provide excavation services on an as-needed basis to assist staff with primary cable
faults and street light circuit repairs. During electric fault response trained and licensed,
City staff require additional resources to complete a timely repair. Additional expertise
and equipment associated with utility excavation, roadway repair, and traffic control is a
critical addition to City crews. A quick, skillfully executed repair by staff and an on-call 1
contractor minimizes life and property risks as well as the possibility of an extended
impact to the public.
The City proposes utilizing contract services to reduce risk, augment staff, and provide
the most efficient and timely settlement of electric faults repairs. This type of resolution
ensures the highest level of service to our customers and community.
Historically, services are needed for approximately six repairs annually. Individual
repairs vary depending on size, scope, and season. Work may take place during i
business hours, after hours, nights, weekends and holidays. Response to service must
be available 24/7, 365 days per year. Staff require an immediate response from an on-
call contractor with a mobilization time not exceeding 30 mins. I
For example: contractor will be responsible for getting locates in the digging area; cone
off and secure the area; communicate with citizens and/or business owners regarding
the impact of the work that will take place; remove asphalt or concrete in the dig area;
dig out damaged electric lines; backfill according to City standards; take any materials
to the landfill; and replace asphalt or concrete that has been removed and obtain any
required emergency permits.
In addition to the items described above, contractor must have the ability to lift the
weight of a transformer (up to 8,000 lbs.) to place in locations with a loader where there
might be construction or uneven surfaces that City's crane truck cannot access. This
can be achieved with items such as a material handling arm or appropriate rigging.
Please confirm in proposal this can proposed and any associated extra hourly rate(s)
required.
Contracts may be renewable for three (3) additional one (1) year terms at the option of
the City and Contractor. The fair and reasonable prices as negotiated shall be used in
determining the cost of each project performed and the sum of all projects performed in
a one-year contract term shall not exceed $80,000 per contract.
Agreement Professional Services Page 11 t
DocuSign Envelope ID:4D49C295-D440-4C78-A8EF-01788EB7192D
The City makes no guarantee as to the rnirlirTtum amount Of work that will be awarded to
each Consultant.
i
Sec.tron.3 R Ispon;_e,tinte and Locations
Located at 30376 State highway,12,Snnrrmass,CO our respons^_,time is less than 25 minutes in most
situations assr.nning all reCIUC5t5 are Ill emergency status. Cllts?raturs also live in Aspen and nearby
SIIffOI[Itdill; dfea5 thUS aII0lVillt;fur ease of mnbilizatiun aml(IUiCIt reSpOrgP times. Fhere are no
chang[lg in respollgv times for weekend,aftor liomr of holidays. Response limes are less than 10
minutes for eniergenq situations as we have many resources to utilim within the 31)minute
[equirNmrsrtt.
Operator ir[rollnalinn N iven in tine chart below:
Oiler torName City Residence .ReslaonseTime
Jeff Shelwill Aspen,CO 5lninutr.s I
i
Wayne Iviccoy Aspen,CO 5minutes
Shay Stutsman Basalt,CO 15 minutes
lake Kinney Carbondale,CO minutes
Rafa Madrigal Carbondale,CO 25 minutes
Ryan Bovee New Castle,CO 45 minutes
Gabe Flores Jr. New Castle,CO 45 minutes
Gabe Flores Sr. New Castle,CO A5 minutes i
Federico Murillo ;Silt,CO 55 minutes
Riga Lopez ;Rifle,CO i55 minutes
Jesus Lopez ;Rifle,CO ,55 minutes
Martin Rodriguez Sr. ;Rifle,CO i55 minutes
in addition to the response times,Stutsman-Gerbaz has the ability to lift the weight of a transformer(up
to 8,000 lbs.)to place in locations with equipment where there ought be construction or uneven
surfaces. The company has material handling arms and proper rigging that can perform the necessary
work as required and has been successful setting transformers for the City of Aspen. For example,(lie
City of Aspen Offices Project required Slutsman•Gerbaz,Inc.to set two 8,000 r Ibs transformers because
the area was too tight for the City of Aspen Electric's Crane Truck which was accomplished in a very
successful manner.
r
Agreement Professional Services Page 12
DocuSign Envelope ID:4D49C295-D440-4C78-A8EF-01788EB7192D
EXI 11111'T' R PROFF'SSIONAI, SER\/ICES AGREHN/lI;NT
FCC Schedule
Section11 _ FeeScheclule
ree Schedule/Price I is( [or 2021 is given beloom. Malerials prices me suhj;'rt In chance. !
Stu sman-Gerbaz Earthillo .ping 111C.
Cnc:;n:asc CO 01G5-1
Prier Lt.t
tvc nl mr'nt Trucking ,
T iclC��'lilli .. .. a 120W 111R ' L d'I,r�orCturn! ��hi'It c�I�D01 rlilt_- 'r
Mini > l(L'Vc nn,_er I
I
CAT._D Track Load_r. . .. , lc, .7 itlllt ra rl f
�, r i
t/l1
CAT 9G71Tfnnl:Ll n x'nr. .. S NO CO VIiR bda,or Ttuck.. .... .. . I IO Ou;fliR
CAT C45Rub---Tug Laalrr......, a 130co!/lilt Fri_I I'ic!iop.......................... ! : 90.0I7!rill;
CAT 24 Rubber Tire Loads—... S 1.56 CO I111R P:n.,J Pickup... ..... ......... ... $rr �,.00,11 IR d,
du wr)Rubhrr 1 ue LoiJ r.. ... 3 IC CO 1/1IR
CAT•130 nackhon................ .' v 00 C0 111-Ift
CAT 301 GxCAbSEIC!. S 1 IO.CO VI' Small I Misc.Eguipmont ;ILeb-r koi,nrradodl
CAT^/J2 Ecca ator.. ........ . ...i $ 12000 1111R • jWa_k Behind Corrpaclor..........,' L 6n0,Cn
CAT S C�ca.ator..................! S 130.00 I11IR \rntnrg Jark Camtaicicr.........i S 150.00
CAT-349 Cxcavalor. ............1 $ 2W.W!1HR ; iFlat Plalc Compactor........ . S 160-00 ro.-,
CAT2.06 C 1R it 611r I la_mmer ................ ......i S '11QOo In, H
'CAT 3.141315 E_x_cs_yalor........... o
I g 1CO.CO 411R I [Light Plant............................... S 2C0 00 0:q p
__. a .IJack R ,.h Spli me ....... ... .. .. ..� S 200.00 CAT 3 ,
CATT325,a29 Ex o'r-t r........... $ t�.OD U11R ; IConim aor...........................i S no 00 Mai
"CAT 335 I xcn wor S 2c4 03 11iR •• IDerio Saw I S 120 00;mk,
CAT 140 Road Grader £ 200.00 IIHR ; iiha,Machine 1 S 1,5CU CO I;o ,
...... nzzl
£ 1GD o0 I1I+Ii ( / . 5 250
CAT DG D czer
CAT CP-CS 3r3 Corrp rt� 5 125 00�IFR i its X tt Tlenclr tics( l $ MOM
GPS for Equipment i 125,00 f ikR I ill X 12'Tronch dox............... i
'Hammer ror.3W&325 5 210.00 t11-113 I iG X 16 Trench Box 1,CO.10 Co )o;,,
"Ihmmor for311 A ............. £ 140 OD 11tR I iSedding f3ox .... o Z4OXO roe, g
05.1)t)IIHR I IScraoner............. ; 3 C+5 C4 1 H R
Ilammerfor A3...- _ P. _................. .... — -- — y
" '' £ 70 00(1HR 12 Pin S 2JJ CO ,uat
Sr <e f'la a for 398 ....� 5 00.00 I1HR 1 14"P1Krtp• S LOD.CO
"Shake PiLilo J 110 00 IIHR G"PLrnp. ......., .. . ..... $l'o co m�!
'Ccmae'ien 4 Jl efl. 5 10n tl0 11HR i
S xeeFrr fcr Skidsteer .............I S mod In iR
LaborSupervisIon �_ I 1 Materials _
Later ..... ..... .... .. S 65.00 IIHR Topsoil..... ........ Cell jNO
Pipe Filler............ rt 5 CS 60 IM 1 112'Rcick .. 5 15 t)5 1Tan
S up-eriaion S 120.CO!1)IR 314 Rock ....15 15.05 /Ton e
To6I.,tntlarRoti r/GPI Laycut.. S 150.00 MR ; !3/4 Road na e , ...... 1155.95 !Tan
P,iecfsarr Jl+loidor.. S 13U 00 AMR 1 1PIu-Truck time frcm 1,'d I
Operalor1atcrer awairno add 5 32.50 dR { ldoisture condition 314, Road 1305e1 CO 00 1Load
NOTE i
Prices fcr othormaloriats Lrca request Cont."ct Ua'.e SILtsman(970}923.2734.Ccml cf malellals are Subject
10 charge Ndhoul MUM.
Transport 4Velgl;t h9nx• 3,ton h,1Ak i � - I _ .___.,• �.__ ._....._ � -
'Heaay Transport 6Voi6f t Max: Rion ml x i
Agreement Professional Services Page 13