HomeMy WebLinkAboutresolution.council.053-23RESOLUTION #053
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND CHALMERS & KUBECK 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
Operation, Maintenance, and Repair of Ruedi & Maroon Creek Hydroelectric
facilities, between the City of Aspen and Chalmers & Kubeck, 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
Operation, Maintenance and Repair of the Ruedi & Maroon Creek Hydroelectric
facilities, between the City of Aspen and Chalmers & Kubeck, 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 11' day of April, 2023.
7MW�
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, April 11, 2023.
L •
Nicole H nning, City Clerk
C H A L M E R S & K U B E C K
3 /2 2 /2 0 2 3
C i t y o f A s p e n P r o p o s a l c a n d k .c o m
H Y D R O
D I V I S I O N
C i t y o f A s p e n
4 2 7 R i o G r a n d e P l a c e
A s p e n , C O 8 1 6 1 1
P r e p a r e d F o r :
C i t y o f A s p e n U t i l i t i e s
DocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
C hal mers & Ku b e ck i s a l ea d e r in m a n uf a c t u r in g maintenan c e a n d
repai r wi t h a h a r d-e a r ne d re putat ion for q u a li t y , s ervi ces an d
com pl e t e cus t o mer sa t isfacti o n . O ur stat e-of-the-art, th r ee-ac r e
faci li t y is a n auth ori ze d repai r s c e n te r wit h ISO 9 00 1 :2 015
reg ist ra t ion for com pl et e q u ality assu ra n c e.
O u r H yd r o Di vi si on now al lows u s to ful ly e nter an ind u s try that w e
h a ve s erviced for man y ye ar s. Our n ewl y a c qui red t e a m brin gs
ext en s ive e xperi en ce i n fi el d d isas s e mb ly, f iel d i n stal lati o n, uni t
mai ntenan ce, sh op r e p air, ful l Kap lan a nd F r a nc is r eh a bilit a t ion,
t echn ic al direc tion , p r o jec t mana gem e n t, and c ra ft lab o r s u pp ort.
C o mb in ed wit h Ch a lme r s & Kub eck ’s ex t e nsi ve machi ni n g
cap a bilit ie s, m a kes ou r Hyd ro Divi s ion a o ne -stop-sh o p fo r
cust omers un li ke an y competi t o r in t he i n dust ry.
A B O U T C &K
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
An nual m a in t en a nc e pl a n s/s e r vi c es
C a vi tati o n r e pai r
Bore bui ld u p
R o cke r a r m sk im c u tti ng
Bl a de build u p, tri m mi ng , a nd s te m m a ch in ing
S h a f t build u p an d mac hi nin g
Bearin g r ep a ir/r eb a bbi ti n g
D ischa rge r in g rep a ir
Full K a pla n and F r a nc is r eh a bi li t a t ion
Non-R o t a tin g C o m po ne nts
R o t a tin g C o m po ne nts
Bearin g H ous ings
Kap lan Runn er I n te r nal s
ND E /ND T
S t a t ic b a lan ci ng
D yn a m ic ba lanci n g
Bl a st/pai nti n g
Oi l p r e s s u r e t e s t in g
R u nout t est ing
Li ne bori n g
Nati o nwi d e Cre w M o b il iz a t ion
D isas s e mb ly, Reass emb ly & Ins p e ctio n
H yd r o po w e r generati o n i s o ne o f the ol d e s t f o r m s o f r en ew a ble energ y, wi th man y t u r bi n e s
f r om t h e e a r ly 1 9 00s st il l i n operati o n today. At C hal m ers & K u be ck, we se e t he demand s o f thi s
in d ustry and o f f er s ol uti on s tha t y ou r op e rat ion can r el y o n f o r a steady fl o w o f en ergy at your
hy dro power pl ant.
H yd r o P o w e r F iel d Ser v ic e s
We o f f er l ar g e-s cal e s e r vi c es li ke re a s se m bl y a n d un it refurbi shme nt. W e offe r o u r r e a s s e m b ly
s e r vi c es f or Kap lan t hre e - t o f ive -bl a d e u ni t s, Fr anci s , S -Turbi ne, B ulb turbi ne , a nd P e lton. Ou r
r efurb ish ment c a p abi li ties ex t e n d to com pl e t e u n it s a s wel l as vari o u s c o m p o ne nts.
H YD R O P OWER FI E LD R E PAI R SERVI CES I NC LU DE:
I f y o u 'r e loo king fo r m o r e s u pport w ith en gi ne e r ing desi g n s, we c a n re v erse-e ng in eer
c omp on en t s to up date exi sti n g pri n t s an d c r ea t e n e w o ne s . We al s o o f fer tec hni c a l d ire c t ion,
pro j ect man a geme nt, and c r a f t lab o r s u pp ort f or a r a n g e of p r o jec t s. Pl u s, y ou ca n turn t o o u r
t e a m f o r ins p e ct io n serv ice s to co nfi rm t he in t e gri t y o f your syst ems ove r ti me.
OU R T E A M I S Q U A L IF IED T O PER F OR M TH E FO L LOWI N G I NSPEC T IONS
The C &K Hydro D ivi s ion u nder stan d s th e compl e xit ie s of y o u r powe r g en eratio n an d of f ers
t r u sted s oluti o n s fo r k eepi ng y o u r s y s te m s e f fic ie nt a n d fun ct io nal . W it h o ur stat e-of-the-art,
t hre e -a cre fac il it y an d IS O 9 001:2 015 ce r t ifi ca t ion, we c an d eliver a wi de r ange o f se r vi c es w ith
c omp le te qual it y as s u r a nc e . O u r se r vi c es incl u de :
SERVICE S T O MAK E Y OU R H Y DR O SYS TEMS L AST
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
Emergency Industrial Maintenance •Field Service
Gear Boxes •Hydro Turbine Services • Machining
&Manufacturing •Nuclear Repair (NR)• Pumps
Turbines &Compressors •Valve &Actuation
Welding & Fabrication • Thermal Spray & Grinding
Main Office & Plant: 610-494-4300 Fax: 610-485-1484
Valve Division: 610-494-7030 Fax: 610-497-9777
Chalmers &
Kubeck, Inc.
Setting the Industry Standard Since 1950
www.CandK.com
150 Commerce Drive, P.O. Box 2447, Aston, PA 19014-0447
3/22/2023
City of Aspen
427 Rio Grande Place
Aspen CO, 81611
Attn: City of Aspen Utilities
Subject: Ruedi/Maroon Creek Annual Operation/Maintenance Proposal
City of Aspen Utilities,
For over 73 years, Chalmers & Kubeck has been a leader in manufacturing maintenance and repair with a hard-
earned reputation for quality, services, and complete customer satisfaction Our state-of-the-art, three-acre facility
is an authorized repair center with ISO 9001:2015 registration for complete quality assurance.
Our Hydro Division now allows us to fully enter an industry that we have serviced for many years Our newly
acquired team brings extensive experience in field disassembly, field installation, unit maintenance, shop repair,
full Kaplan and Francis rehabilitation, technical direction, project management, and craft labor support.
Combined with Chalmers & Kubeck extensive machining capabilities, our Hydro Division is a one-stop shop for
overhauls, inspections, and maintenance agreements.
In this proposal, we describe the scope of work that we can provide on a weekly/monthly/annual basis to ensure
that all parties can best serve the needs of the City of Aspen’s Hydro plants in the immediate future and long
term.
DocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
W E E K L Y
O P E R A T I O N S
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
WEEKLY OPERATIONS
Scope
• High Country Hydro (HCH) will be subcontracted by Chalmers & Kubeck to perform weekly operations of the
Ruedi Plant The duration of this agreement is one (1) year, and can be terminated at anytime by C&K
o A member of HCH will be on site at least three (3) times per week during normal operation hours
o During an alert/on-call event, a representative from HCH will be onsite within four (4) hours
• At least one on-site monthly visit by a senior member of our technical team to conduct an inspection
• Creation of form documents to properly catalog all critical readings and data points needed to create a baseline
to be used for long term planning
o An example of readings and documentation that will be taken include but are not limited to:
Fluid Levels
Panel KW
Generator Volts
Line KV
Field Volts
Field Amps
Generator Amps
RTD readings
Pump PSI
Manifold PSI
Oil Temperatures
Generator Bearing Temperatures
Current weather conditions
Flow meters
General powerhouse conditions
• Initial safety Audit conducted by certified third party
o The goal of the assessment would be to limit and minimize any hydro related safety concerns
• Creation and maintenance of a live document tracking all historical data
• Inventory existing/create a list of recommended spare parts and work with COA to procure
• Locate and document technical manuals/specs for existing equipment
• Security systems will be monitored for continued assurance of safe and secure facility
Training
• Hydro 101 training for up to five (5) employees, to understand the fundamentals of Hydro, unit parameters,
common problems, and how to record & monitor the necessary readings and troubleshooting
o Training will be on Turbines, Generators, and associated auxiliaries
• Introduction to vendors who will provide detail on their specialty (Generator, Bearings, seals, bushings,
lubricants)
Communication
• Phone conferences biweekly for the first three (3) months, and monthly thereafter calls to discuss:
o Data trends/New technologies
SCADA upgrades, transformer upgrades, safety planning,
o Observed issues with the Unit
o Upcoming outages
o Oil Levels
o Heat Fluctuations
• Monthly calls will include a dedicated agenda action item where we discuss Ruedi Hydro capital improvement
planning and prioritization
• 24-48 hour on-site response time by a technical advisor if an emergency event should occur
o The purpose of the visit will be to assess the situation, define the issue, and set forth a plan for
correction High Country Hydro and the City of Aspen will be involved in all communications regrading
emergency situations
DocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
A N N U A L
M A I N T E N A N C E
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
ANNUAL MAINTENANCE
Generator
• Inspection
o Air Gap readings
o Bearings
o Bolting Hardware
o Braking System and Pads
o Brush Rigging
o Stator core ventilation ducts for obstructions
o Stator core for damage, ie, rounded edges, over-heating
o Terminal box components (main and neutral leads)
o Winding for cleanliness and contamination
o Windings for signs of dusting, greasing, cracking, failed blocking
• Testing
o Insulation resistance and polarization index of each phase
o Winding resistance of each phase
o RTD insulation resistance and functionality testing
• Alignment
Governor
• Run unit, observe, & check governor operation
• Drain & replace the UG8 oil
o A program and procedure will be developed which will detail filtering and testing all hydraulic oil
operations Replacement will occur every 3-5 years
• Disassemble clean & inspect Distributing Valve
• Clean & inspect all linkages
• Calibrate and tune governor
• Run unit & check governor operation
HPU
• Replace filters
o A program and procedure will be developed which will detail filtering and testing all hydraulic oil
operations Replacement will occur every 3-5 years
• Inspect for leaks
Runner
• Install Draft Tube Platform
• Inspection
o Turbine Runner
Cavitation/Wear
Buckets
NDE if necessary
o Nozzles/Deflectors Plates
o Spear Tips/Nozzle Holder
o Spear Rod Actuators
o Deflector Actuator Linkage
o Servomotor/Linkage
o Draft Tube
o Seals Housings
o Ball Valve and Penstock
• Assist with startup activities
Reporting
• A full inspection report will be provided for the City of Aspen upon completion
• A safety Audit will occur in year one of this contract
Maroon Creek
• C&K will dedicate 2-3 days during the Ruedi outage to perform an inspection on the Maroon Creek facility
• Generator testing will take place at the Maroon Cree Hydroelectric facility
DocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
P R I C I N G
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
PRICING
Weekly Operations
As it relates to our team leading technical supervision, training services, data maintenance and
conference calls for the City of Aspen, we have prepared the following contractual payment terms. Please
note that this pay structure reflects a focus on training the City of Aspen’s team during the first quarter of
year one, which allows for more self-sufficiency in plant operations moving forward into the life of
the partnership.
Month Contract
Month Pricing Notes
Apr 2023 1 $ 28,948.49 The first few months of the contract will be heavy on planning, admin services, and some
training. C&K will arrange for industry experts to spend at least one day with the COA
teaching the fundamentals of their respective fields. This will at a minimum include
Turbines and Hydro Safety. Future Training could include Generators, Bearings, Seals,
Excitation, and Controls. C&K will arrange for travel, documentation, and supplies to
effectively deliver on-site training for COA employees. This time will also include
Monthly Site Visits, operations data maintenance, monthly phone calls, and HCH
Weekly Operations.
May 2023 2 $ 21,615.13
Jun 2023 3 $ 14,281.82
Jul 2023 4 $ 14,281.82
Aug 2023 5 $ 14,281.82
Sep 2023 6 $ 14,281.82
Oct 2023 7 $ 55,000.00 Annual Maintenance tentative for this month, (THIS IS AN ESTIMATE ONLY)
Nov 2023 8 $ 14,281.82 Monthly Site Visits, operations data maintenance, monthly phone calls, and
HCH Weekly Operations
Dec 2023 9 $ 14,281.82 Monthly Site Visits, operations data maintenance, monthly phone calls, and
HCH Weekly Operations
Jan 2024 10 $ 14,281.82 Monthly Site Visits, operations data maintenance, monthly phone calls, and
HCH Weekly Operations
Feb 2024 11 $ 14,281.82 Monthly Site Visits, operations data maintenance, monthly phone calls, and
HCH Weekly Operations
Mar 2024 12 $ 14,281.82 Monthly Site Visits, operations data maintenance, monthly phone calls, and
HCH Weekly Operations
Year One Total $ 234,100.00
Apr 2024 13 $ 47,968.75 Additional trainings, monthly site visits, operations data maintenance, monthly
phone calls
May 2024 14 $ 17,656.25 Additional trainings, monthly site visits, operations data maintenance, monthly
phone calls
Jun 2024 15 $ 2,500.00 Monthly site visits, operations data maintenance, monthly phone calls
Jul 2024 16 $ 2,500.00 Monthly site visits, operations data maintenance, monthly phone calls
Aug 2024 17 $ 2,500.00 Monthly site visits, operations data maintenance, monthly phone calls
Sep 2024 18 $ 2,500.00 Monthly site visits, operations data maintenance, monthly phone calls
Oct 2024 19 $ 55,000.00 Annual Maintenance tentative for this month, (THIS IS AN ESTIMATE ONLY)
Nov 2024 20 $ 2,500.00 Monthly site visits, operations data maintenance, monthly phone calls
Dec 2024 21 $ 2,500.00 Monthly site visits, operations data maintenance, monthly phone calls
Jan 2025 22 $ 2,500.00 Monthly site visits, operations data maintenance, monthly phone calls
Feb 2025 23 $ 2,500.00 Monthly site visits, operations data maintenance, monthly phone calls
Mar 2025 24 $ 2,500.00 Monthly site visits, operations data maintenance, monthly phone calls
Year Two Total $ 143,125.00
DocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
Annual Maintenance
As it relates to our team providing a full service inspection for the City of Aspen, C&K Hydro will utilize
our published hourly rates attached to the end of this proposal. The amount of time and manpower will
be determined throughout the year as we plan the outage with the City of Aspen.
Emergency Visits
In the case of an emergency visit, time will be tracked and billed according to the published rate sheet
Third party vendor coordination will be billed at cost plus 15%.
Estimating and Procedure Development
As it relates to our team providing project management and estimating services for the City of Aspen,
C&K Hydro will utilize our published hourly rates attached to the end of this proposal.
Parts Sourcing
The sourcing and fabrication of parts will be billed at cost plus 15%.
Future Contract Terms
The terms of this proposal will hold true for two (2) years, at which point C&K and the City of Aspen will
renegotiate terms for the following year.
DocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
Emergency Industrial Maintenance •Field Service
Gear Boxes •Hydro Turbine Services • Machining
&Manufacturing •Nuclear Repair (NR)• Pumps
Turbines &Compressors •Valve &Actuation
Welding & Fabrication • Thermal Spray & Grinding
Main Office & Plant: 610-494-4300 Fax: 610-485-1484
Valve Division: 610-494-7030 Fax: 610-497-9777
Chalmers &
Kubeck, Inc.
Setting the Industry Standard Since 1950
www.CandK.com
150 Commerce Drive, P.O. Box 2447, Aston, PA 19014-0447
EXHIBIT A
2023 Hydro Service Rates (Non-Union/Prevailing Wage)
Classification Straight Time Overtime Premium Time Travel Time
Mechanic / Millwright $ 95.50 $ 129.75 $ 173.00 $ 95.50
Welder $ 98.75 $ 140.65 $ 187.50 $ 98.75
Supervisor/Foreman $ 122.75 $ 154.00 $ 205.50 $ 122.75
Technical Consultant $ 182.50 $ 234.75 $ 313.00 $ 182.50
Site Management / Superintendent $ 195.00 $ 262.50 $ 350.00 $ 195.00
QA, Testing & Safety (CQC, SSHO) $ 110.00 $ 165.00 $ 220.00 $ 110.00
Turbine Tool Module (Conex or Trailer) $2,650.00 Per week, plus shipping charges
“Travel time” will be charged at Straight time
Minimum daily charge is eight (8) hours at the applicable rates, plus travel and living expenses
“Stand-by” will be charged at straight time for a minimum of eight (8) hours per day.
All travel, living expenses and any purchases of supplies or materials for the project will be at cost, plus 15%
Definition of Time
Straight Time - Eight (8) hour day, Monday through Friday
Overtime Hours - in excess of eight (8) hours, but less than twelve (12) hours, Monday through Friday and all-day Saturday
Premium Time - All hours worked on Sunday, over twelve (12) hours any weekday and Holidays
Stand-by Time -Defined as time, Monday through Friday, during which C&K Hydro’s personnel are available for work, but are not
actively working because of circumstances beyond C&K Hydro’s control or per Purchaser’s instructions.
Payment
Net 30, unless otherwise agreed
Permits & Taxes
The Purchaser shall, at his own expense, secure any work permits, labor permits, tax exemption certificates, or any other
authorization which may be required to permit C&K Hydro personnel to perform the requested services
Rates for services do not include sales, privilege, use, turnover, excise or other similar taxes. The Purchaser shall reimburse
the amount of any such taxes, which C&K Hydro shall be required to pay because of the furnishing of services, to C&K Hydro
* These rates do not represent Union Rates or Prevailing Wage Rates.
** Actual shipping charges will be invoiced as cost plus 15%, upon delivery.
*** Neither Chalmers & Kubeck nor its personnel shall be responsible for any acts, omissions or workmanship by employees, contractors, subcontractors, or agents of
the Purchaser
DocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
T I M E L I N E
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
Timeline
Time Frame Action Item Weekly
Operations
First 30 day
The City of Aspen provides all drawings, specs, manuals, and
previous reporting in a digital format for C&K Hydro to review
High Country
Hydro continues
operations while
C&K reviews all
historical data,
develop check
sheets, and tracks
historical data
High Country Hydro continues operations while C&K reviews all
historical data, develop check sheets, and become familiar with
the plant This will continue for 12 months
Months 2-4
C&K Hydro provide training modules on Turbines, and Hydro
Power 101 for up to five (5) City of Aspen employees
C&K Hydro conducts an in-person Hydro safety assessment of
the plant with a third party safety auditor
C&K Hydro provides check sheets, and explanations for all
relevant data collection points in the plant
C&K Hydro conducts at least two site visits, completed by a
Senior technical team member
Biweekly calls are conducted for the first three months of data
collection by at least two members of the C&K Hydro team
C&K Hydro will coordinate more trainings to include basics of
Hydro Generators, Governors, Bearings, and Controls during the
during the remainder of the contract
Months 5-9
Regular weekly operations continue throughout this remainder of
this period
City of Aspen and C&K Hydro would work together to develop an
agreed upon work plan for the annual maintenance
Monthly calls are conducted for the first three months of data
collection by at least two members of the C&K Hydro team
Months 10-12 Regular weekly operations continue throughout this remainder of
this period
Months 13-24
City of Aspen and C&K Hydro would work together to develop
an agreed upon work plan for the second annual maintenance COA will take
over all weekly
operations C&K
will assist during
emergencies Monthly calls are conducted for the first three months of data
collection by at least two members of the C&K Hydro team
DocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
S T A N D A R D
C L A R I F I C A T I O N S
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
STANDARD CLARIFICATIONS
• Bonding – not included in our price
• Commissioning - we will support, not prepare procedure, or direct activities
• Contractors Licenses – C&K is not licensed in the State of Colorado
• Covid-19 – For purposes of this bid, Covid-19 is considered a Force-Majeure Event along with any other
diseases, epidemic and pandemic events and the like If either of the aforementioned events occur, C&K
reserves its right for additional time
• Crane – (overhead or mobile) support, forklifts, etc by others
• Dewater/re-water - by others
• Lifting Devices – our proposal is based on the use of any special lifting devices/tooling provided to the
owner by the OEM supplier of the Turbine/Generator equipment
• Manuals – to be provided by customer
• Mobilization/Demobilization – cost plus 15%
• Oils and fluids – by others
• Original Equipment Manufacturer – work-scope is based on the drawings/design provided by the
customer Changes from the original OEM design will be handled as a differing site condition and may
result in additional charges
• Performance Guarantees – not included
• Pricing – The pricing included for the annual maintenance is an estimate only; the actual price will reflect
actual duration on site based on the rate sheet
• Retainage - not included
• Sales tax – not included
• Schedule - based on 6-10’s In addition, the schedule and pricing provided in this work scope are
contingent on the unimpeded availability of crane support for the duration of the schedule
• Standard tools and rigging - required to perform typical hydro-turbine/generator installation are included,
unless as noted otherwise
• Temporary Facilities – not included
• Warranty – one year warranty on workmanship included
• Work Environment Note - site conditions (dry, dust-free, roof on powerhouse, etc…) must be suitable for
installation of turbine and generator components upon initial mobilization and throughout unit
disassembly/assembly
If you have any questions regarding this proposal, please feel free to contact anyone on the C&K Hydro team.
DocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
O U R
E X P E R I E N C E
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
T E A M E X P E R I E N C EC&K H Y D R O
Our t e am wa s c o nt ra ct e d to p e rfor m a full insp e cti o n and
ov e rhaul of a n 8 .3 MW Horizon tal Voest Alpine f o u r-blad e K aplan.
The r e habi litati on inc lud ed a n ove rhaul o f all in terna l
compon ent s inc lu di ng new b u shings, pi st o n r i n gs , se al de si gn,
an d the m ac hi ni ng of the ser vo cy lind er.
I D A H O F A L L S -K A P L A N O V E R H A U L
I D A H O F A L L S , I D - 2 0 2 2
Ou r tea m was contracted to per form a fu ll ins pection and
overh aul of a 5.2MW thr ee-bl ade Horizon ta l Kaplan Runn e r. T h e
r eha bi litation inc lud ed r e pair in g se ver e ca vitat io n da ma ge o n th e
R u nner an d D is charge Ring a s well as W ic k et Ga te repai r. Th e
Ka pl an refur bi shm ent includ e d the repla cement of al l bush in gs,
se als, an d minim al ma chining o n wor n ma ting s u rfaces
T O W N S E N D -K A P L A N O V E R H A U L
B E A V E R F A L L S , P A - 2 0 2 2
C &K H ydro Di vision w as contracted to per f o rm mac hi ni ng
s erv i ces on th e U6 Inner Hea dcover and Operati ng Ri ng , which
in cl udes c av ita tion repai r, line b o ring , a nd cleanup. T he Packi ng
Box r e f u rbish men t inc lud es spray w e l di ng and ma chining of
we aring surfa ces.
L A Y D A M U 6 -M A C H I N I N G
C L A N T O N , A L - O N G O I N G
C &K H ydro Di vision w as contracted to perf o rm the prelim in ar y
powerh o u se si te w ork, a s well as the insta lla tion of a n e w
H o rizonta l Francis Turbine, Gen e ra tor, and two ne w V alv e s. C&K
H ydr o was also ta sked to p rov id e t he pr oject a nd s ite
ma nagement.
R A N C H O -F R A N C I S I N S T A L L A T I O N
S A N D I E G O , C A - O N G O I N G
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
Ou r tea m was contracted to per form a fu ll ins pection and
overh aul o f a 2 .8 M W Hor iz o nt al five -blade "S " Ka pl an Turb in e . Th e
r ef u rbish men t includ e d br u shless exc ita tion c o nversion a nd
G ener at or cl ean in g. T he Ka pl an refur bi shment includ e d n e w
b u shing s, piston r in gs, s eals, links, pi ns, a nd l ight mach in in g on
the Stub Sh aft .
L O W L I N E -C O M P L E T E O V E R H A U L
T W I N F A L L S , I D - 2 0 2 0
Ou r tea m was contracted to per form a fu ll ins pection and
overh aul of a 2.5MW four-b l ade Hor iz o nt al Kaplan R u nner . Th e
r eha bi litation includ e d th e repla cement o f b u shing s, li nks, a nd
p in s. Th e r ocker a rms and bla de s tems rec e i ved min ima l
machining clean up. The un it a ls o rece ived static bal an ci ng , an d a
full a l ignment d u ring r ei nst allation.
S N O W D E N U 5 - R O T A T I N G P A R T S
C I T Y O F B E D F O R D , V A - 2 0 2 0
Our te am wa s co ntracte d to p erfor m a com pl ete ov e rhaul of
th ree s epa ra te 3MW ve rt ical Lef fe l Turbines . The o ver haul
i n cluded t he dem o liti on and rep l ace men t o f t he ex is ting
pens toc k fixed w heel ga te, repla cem ent of th e existing U1
Gene ra tor ex ci tat ion system , and r eplacem e nt a nd m o di fic ati o ns
of t he U1 D ra ft Tub e d e w at ering s ystem. Th e F ra ncis runn ers were
mach in e d for c av ita tion da mage be fore b ei ng re in stal l e d.
W I L L I A M S F O R K -F R A N C I S R E H A B
P A R S H A L L , C O 2 0 1 9
Our tea m wa s con tr ac ted to perfor m an insp ecti o n of t h e
Br o ad wat e r fa cil ity, which l e d to t he c o ord in ated rem o va l and f u l l
rehabili tation of th e unit Stator , Rotor , an d B e ar in gs . The St at or
and Rotor wer e elec tr i cally t e st e d, clea ned, baked, a nd pa in ted .
B R O A D W A T E R -G E N E R A T O R R E H A B
T O T S O N , M T - 2 0 2 1
T E A M E X P E R I E N C EC&K H Y D R O
C&K ha s partner ed wit h various Hyd ro Tur bi ne OEM's to
co mp lete machin in g and r eha bi litation fo r o ver 2 0 Years.
O T H E R H Y D R O E X P E R I E N C E
C i t y o f A s p e n P r o p o s a l c a n d k .c o mDocuSign Envelope ID: C0B855A4-3FCB-41C3-9526-E7E99DC4E94A
DocuSign Envelope ID: 3359DFFC-5EFB-4923-AAB9-32617F5255B3
1m
CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2023-174
AGREEMENT made this 11 day of April, in the year 2023.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Chalmers & Kubeck
c/o Aaron Kraft
150 Commerce Drive, O.O. Box 2447
Aston, PA 19014-0447
Phone: 610-494-4300
For the Following Project:
Contract Amount:
Total: $377,225
For 2 year contract as indicated in
Exhibit A/B
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
Ci1y Council Approval:
Date: April 11, 2023
Resolution No.:
City of Aspen Ruedi and Maroon Creek Hydroelectric Facilities Annual Operation and
Maintenance
Exhibits appended and made a part of this Agreement:
Exhibit A/B: Scope of Work & Fee Schedule
The City and Professional agree as set forth below.
Agreement Professional Services Page 0
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1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated
herein.
Engineering — C&K will not be responsible for any engineering or design associated with this
agreement
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 April
I I. 2425.
;he peFfer-mance of PFefess }
by the PrAssiefial.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis r „ all wedE pert _:ned During Annual Maintenance and emergency events. All other
payments on set monthly scale. The hourly rates for work performed by Professional shall not exceed
those hourly rates set forth at Exhibit A 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 shall review such
invoices and, if they are considered incorrect or untimely, the City shall review the matter with
Professional within ten days from receipt of the Professional's bill.
4.
.
whem Shall, feF this paFpase be deemed to be an agent of empleyee of the Ppefessiona! to the exteRt
t- 1:.,1.1., F _ ........_..--4 -X' -.._- a.--
whleh may be due to any sub eentr-aetar. C&K assigning the work to High Country Hydro for weekly
operations
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 dale 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
Agreement Professional Services Page 1
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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. Independent 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 employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the 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 from City to the employees, agents or servants of 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 respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
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, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
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
act, omission, or other fault of the City, its officers, 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.
Agreement Professional Services Page 2
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(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
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
Lprocured to maintain such continuous coverage.
*See Vendor COI document*
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability 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 include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
L� single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrencefflod-01'r.R- -14-4-r OA.7 -00, A
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.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(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
Agreement Professional Services Page 3
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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 full 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 certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material 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 Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) 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
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. Citv'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
Agreement Professional Services Page 4
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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 term. 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
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of 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 contained 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.
16. Worker Without Authorization prohibited — CRS 8-17.5-101 & 24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a "worker without
authorization" which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Professional who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effortt by a Professional or a subprofessional
not involving the delivery of a specific end product other than reports that are merely incidental
to the required performance.
Agreement Professional Services Page 5
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5. "Worker without authorization" means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Professional certifies and represents that at this time:
1. Professional shall confirm the employment eligibility of all employees who are newly hired
for employment to perform work under the public contract for services; and
2. Professional has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
Professional hereby confirms that:
1. Professional shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Professional shall not enter into a contract with a subprofessional that fails to certify to the
Professional that the subprofessional shall not knowingly employ or contract with a worker
without authorization to perform work under the Public Contract for Services.
3. Professional has confirmed the employment eligibility of all employees who are newly hired
for employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Professional shall not use the either the e-verify program or the department program
procedures to undertake pre -employment screening of job applicants while the Public Contract
for Services is being performed.
If Professional obtains actual knowledge that a subprofessional performing work under the
Public Contract for Services knowingly employs or contracts with a worker without
authorization, Professional shall:
1. Notify such subprofessional and the Owner within three days that Professional has actual
knowledge that the subprofessional is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subprofessional if within three days of receiving the notice
required pursuant to this section the subprofessional does not stop employing or contracting with
the worker without authorization; except that Professional shall not terminate the Public Contract
for Services with the subprofessional if during such three days the subprofessional provides
information to establish that the subprofessional has not knowingly employed or contracted with
a worker without authorization.
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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If Professional violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising
out of Professional's violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this agreement nor any of its terms, 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 parties.
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.
17. Warranties Against Contingent Fees Gratuities. Kickbacks and Conflicts of Interest.
(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
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 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 Availabili . Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
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19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, 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 parties.
(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 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.
21. 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.
22. 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
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
23. Attorne 's 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.
Agreement Professional Services Page 8
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24. Waiver of Presumption. This 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 for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
25. Certification Regarding Debarment. Suspension, Ineligibility,IneligibiliLy, 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 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.
26. 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. In addition, Professional understands that no 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.
27. 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.
CITY OF A „"ORADO:
ncac�axssyturs...
[Signature]
By:
Diane Foster
[Name]
Title: Assistant City Manager
Date: 4/12/2023 1 12:55:53 PM MDT
Approve as to Form:
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ts K. ')tV.
sz_rneanaF��san
City Attorney
PROFESSIONAL:
[Signature]
By: Ken Hostler
[Name]
Title: Director of Hydro
Date: 4/3/23
Agreement Professional Services Page 9
DocuSign Envelope ID: 3359DFFC-5EFB-4923-AAB9-32617F5255B3
Agreement Professional Services Page 10
DocuSign Envelope ID: 3359DFFC-5EFB-4923-AAB9-32617F5255B3
EXHIBIT AB: PROFESSIONAL SERVICES AGREEMENT & FEE SCHEDULE
attached
Agreement Professional Services Page 11