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HomeMy WebLinkAboutresolution.council.003-99 RESOLUTION #~ (Series of 1999) A RESOLUTION APPROVING A CONTRACT BETWEEN THE' CITY OF ASPEN, COLORADO, AND AJAX ELECTRIC, INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING LIGHTING REMODEL OF THE YELLOW BRICK SCHOOL AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Ajax Electric, inc. a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the city of Aspen hereby approves that contract between the City of Aspen, Colorado, and Ajax Electric, Inc. regarding the lighting remodel at the Yellow Brick school, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manger of the City of Aspen to execute said contract on behalf of the City of Aspen. John S. Bennett,/M. ayor I, Kathryn S. Koch, 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 // ,1999. Kathryn S~o~ch, City Cle~( AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Ajax Electric~, Inc. ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 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 here'm. 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 p q r shall submit, for the 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 the 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. Pament. In consideration of the work performed, City shall pay Professional an amount not to exceed Twenty*Six Thousand Ninety Dollars ($26,090.00) for all material. and labor in accordance with Professionals Proposal. 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 ieceipt of the Professional's bill. 4. Non-Assi~nability. Both parties recognize that this contract 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 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 due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate 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, Ps 1-971 .doc Page I drawings, maps, models, photographs, reports or bther 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. 6. Covenant A~alnst Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or persort, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 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 indenmify City against all liability and toss 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 ih any manner connected with this contract, if 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 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 PS 1-971 .doc Page 2 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. (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 procured to maintain such continuous coverage. (i) Workmen'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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE ME,LION DOII .ARS ($i,000,000.00) each occurrence and ONE MIII .ION DOLLARS ($1,000,000.00) 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 Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MII J.ION DOLLARS ($1,000,000.00) each occurrence and ONE MII J .ION DOLLARS ($1,000,00- 0.00) 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 PS 1-971 .doc Page 3 requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (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 by the City shall be completed by the Pmfessional's insurance agent as evidence that policies providing the required coverages, condi- tions, 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, temainated 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 $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-i0-I01 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 (C1RSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance 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. PS 1-97 1 .doc Page 4 11. Coml31eteness 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 heroin may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mall return receipt requested, to: City: Professional: Amy Margemm, City Manager Ajax Electric, Inc. City of Aspen P.O. box 819~ 130 South Galena Street Aspen, CO 81612 Aspen, ColOrado 81611 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 13-98, 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. Notwith- standing 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 officiai 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. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, tenninated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. PS 1-971 .doc Page 5 (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. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date bereinafter written. [SIGNATURES ON FOLLOWING PAGE] ATTESTED BY: CITY OF ASPEN, COLORADO: Date: ~1-971.doc Page 6 PROFESSIONAL: WITNESSED BY: AJAX ELECTRICAL, INC. By: CL~ Date: I /q /ct cl PSI -971 .doc Page 7 EXHIBIT "A" to Professional Services Agreement Scope of Work To be completed prior to execution of Agreement) PS1-971.doc Page 8 PROPOSAL AJAX ELECTRIC~ INC. P.O. BOX 8193 ASPEN, CO 81612 (970) 925-WIRE SUBMITTED TO: PHONE: 920-5140 DATE: 12/8/98 CITY CLERK CITY OF ASPEN JOB NAME: YELLOW BRICK SCHOOL 130 SO. GALENA ST. ASPEN, CO 81611 JOB LOCATION: 215 N. GARMISCH STREET ASPEN, CO 81611 ARCHITECT: DATE OF PLANS: We hereby submit specifications and estimates for: The lighting remodel of the Yellow Brick School as per the specifications provided. The pdce includes widng And in.~talling: New fixtures, lamps, ballasts, tube guards, motion sensors, exit lights and emergency ligh!s as specified by Rising Sun Enterprises. Also included is the removal of (2) stairwell lights and the relocation of the light at the bottom of the stairwell. The price includes labor, material, freight and disposal fees for hazardous wastes. Tax on material is excluded, as is an electrical permit fee. This proposal is predicated on us having reasonable access to the work area. We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: TWENTY-SIX THOUSAND NINETY dollars ($26,090.00) ea~m.ttob~madeasroilows: 50% DEPOSIT, BALANCE UPON COMPLETION Ajax Electric signature: (~Lt~-// Page 1 PROPOSAL SignatUre~ ~ Signature: Page 2 INVITATIO,V TO BID The City of Aspen, Colorado invites potential bidders to submit proposals regarding the "Yellow Brick Zighang Remodel': Bid packets may be obtained from the Office of the City Clerk beginning November 16, at 8:00 A.M. A recommended pre bid meeting and walk through will be held at the Yellow Brick School located at 215 N. Garmisch St. beginning at 9:00 A.M. on December I, 1998. Sealed proposals shall be submitted to the City of Clerk's office no later than 5:00 P.M. on December 8, 1998. For further information regarding this invitation to bid, please contact Tim Anderson at 920-5 t 40. The YELLOW BRICK SCHOOL LIGHTING REMODEL 1 August 1998 Prepared for: Tim Anderson RECREATION DIRECTOR & Joani Matranga CORE Prepared by: Chris Myers SENIOR LIGHTING CONSULTANT Yellow Brick School Lighting Remodel First Floor NOTE: Old ballasts must be disposed in accordance with Pitkin County and EPA hazardous waste disposal regulations. For disposal information call loani at CORE ~44-9808. The ceiling in the hallway is being replaced. Lighting retrofit must be coordinated with the ceiling replacement. 1) Ceiling ~uorescents-Hall: Replace existing 26 ~uorescent strip fixtures with new suspended (pendant) T-8 fluorescent fix;,ares. All recessed glass fixtures inside hallways are to be eliminated (the recessed glass fixtures in the airlocks and around the outside are to remain). This also includes the stairwell to the basement. Suspend appro~nately I 0-12 inches from ce'd.ing to bottom of fixture. Lay-outs ~ be provided at walk through inspection. FINELITE Series #2 4' long for two T-8 Imps with electronic ballast and fully adjustable aircraft cables (120V) S2-4-2T8-SC-120-FA Quantity: 20 with Osram FO32/835 or GE FO32/SPX35 Imps Quantity: 40 ('NO SUBSTITUTIONS) FINELITE Series #2 8' long for two T-3 Imps with electronic ballast and fully adjustable aircraft cables (120V) S2-8-2TS-SC-120-FA Quantity: 6 with Osrara FO32/835 or GE FO32/SPX35 Imps Quantity: 12 (NO SUBSTITUTIONS) 2) Emergency lighting circuit: Add emergency fighting circuit in ma~ level consisting of 5 fix'tures spread throughout the two main halls. OPTION 1: Provide emergency power packs in five of the 4' FINELITE fixtures. This option requires that an always hot wire is available for these fixtures. Since this is a remodel, the existence of this uncertain and may be impossible if this wire is not present. Add Bg0 or B100 Bodine emergency power pack from FINF;r,UI'E manufacturer when ordering fixtures. Also could be ordered separately and installed in the field from ATLITE, Model #FP650 OK OPTION 2: Provide wall or ce~t~ng mounted, self-contained emergency lights. This will likely require providing a new, always hot circuit in the halls. ELCO EETOL Self-contained 2-Hght DUALLITE EZ-2F Self-contained 2-light 3) Matching Fluorescent lamp and ballast up~rade: In classrooms - Kelamp and reballast all vintage up/down fluorescents. All fixtures are to be equipped with T8 lamps and electronic ballasts. All lamps mus, be also equipped with T- 8 lamp tube guards to skield lamp from possible breakage. See sample h~tallation in Patrick's Office at the Yellow Brick. In classrooms: l~lamp and reballast all wraparound fluorescent fixtures. All fixtures are to be equipped with T8 lamps and electronic ballasts. As these fixtures are lensed, the new lamps do not need tubeguards. Where two 4' fixtures are butted up against each other, a 4-1amp ballast is specified for rewiring to replace two 2-1amp ballasts, Ballasts: Osram Sylvania Quicktronic 2-1amp T-8 electror~c, instant-start, parallel wired 120V Quantity: 56 4- lamp T-8 electronic, instant-start, parallel wired 120V Quantity: 75 Lamps: Osram FO32/835 or GE FO32/SPX35 lamps Quantity: 410 Tubeguards: T8 tube guards Quantity: 272 In Waldorf Office eliminate one 4 f~ fixture if possible~ counts assume fixture is eliminated. 4) Classroom Bathrooms and small office bathroom Coy CORE): Replace light switch with motion sensor. New sensor fits fight into existing switch box (no major rewifing is necessa~). Set sensor for 10 minute duration. Specification: WATTSTOPPERWA-100-WH Quantity: 9 (NO SUBSTITUTIONS) 5) Classroom Bathroom vanity fixtures: Replace. Specification: NULITE Aspen UD-132 T8 electronic with FO32/835 T8 lamp Fixture and lamp quantity: 4 6) Airlock entries and exterior recessed: Relamp round recessed glass fixtures with dual t3 watt compact fluorescent. The specified replacement unit screws into top of fixture and is equipped with an edison base socket. This socket is screwed into the existing light bulb socket for power. Use glass lenses from eliminated round glass fixture in inside hallways to replace glass in exterior fixtures. Specification: WESTERFmI,D 140-2 Quad 13 with Edison pigtail and Panasonic instant start 13 watt Quad lamp # FQ 13 E27V2. Fixture and Imp quantity: 5 (airlocks) + 8 (exterior) (NO SI.rBSITIISTIONS) 7) COKE office & office hallway: a. Kelamp square recessed glass fixtures with dual 13-watt compact fluorescents. The specified replacement unit screws into top of fixture and is equipped with an edison base socket. This socket is screwed into the existing light bulb socket for power. Specification: WESTERFIIELD 140-2 Quad 13 with Edison pigtail and Panasonic instant start 13 watt Quad lamp # FQ 13 E27V2. Fixture and lamp quantity: 6 (NO SUBSTITUTIONS) b. Replace 4 existing fluorescent fixtures on ceiling with T-8 ~uorescent wraparounds. Specification: NULITE WAP 232 Electronic with FO32/835 Imps. Fixture quantity: 4 Lamp quantity: 8 8) Common bathrooms: Replace ceiling fixtures in main area over stalls with wraparound T8 electronic fluorescent fixtures. Replace ce'~ting fixture in entry with plastic compact fluorescent dome fixture. In small office bathroom, replace ceiling fixture with a compact fluorescent fixture. Specification: NULITE WAP 232 Electronic with F032/835 Imps. Fixture quantity: 4 Lamp quantity: 8 Specification: WESTEKFIELD 1100 dual PL-13 or equivalent Fixture quantity: '3 Lamp quantity: 6 9) Kitchen: Relamp and reballast all wraparound fluorescents fixtures. Each fixture is to be equipped with only two lamps instead of the existing four. All fixtures are to be equipped with T8 lamps and electronic ballasts. Ballasts: Osram Sylvania Quicktronic 2-1amp T-8 electronic, instant-start, parallel wired 120V Quantity: 4. Lamps: Osram'F032/835 or GE FO32/SPX35 lamps Quantity: 8 Keplace light switch with motion sensor. New sensor fits right into existing switch box (no major rewiring is necessa~). Set sensor for 15 minute duration. Specification: Wattstopper WA-100-WH Quantity: 1 ('NO SUBSTITUTIONS) I0) Laundry: Relamp and reballast the vintage up/down ~uorescent. It is to be equipped with T8 lamps and electronic ballasts. All tubes must be also equipped with T-8 lamp tube guards to shield lamp from possible breakage. Ballasts: Osram Sylvania Quick'tronic 4-1amp T-8 electronic, instant-start, parallel wired 120V Lamps: Osram FO32/835 or GE FO32/SPX35 lamps Quantity: 4 Tubeguards: T8 tube guards Quantity: 4 Replace light. switch with motion sensor. New sensor fits right into existing switch box (no major rewiring is necessary). Set sensor for 15 minute duration. Specification: Wattstopper WA-100-WH Quantity: 1 (NO SUBSTITUTIONS) 11) Display cabinet in front entry: Keep fixtures but replace bulbs with , compact ~uorescent screw-in bulbs. Specification: LUMATECH Reflect-A-Star 4.5" bronze reflector 13-watt with clear lense (#11324) Quantity: 4 (NO SITBSTIT~TIONS) 12) Miscellaneous- Reballast and relamp existing vintage fixtures, as needed in other various rooms. Specification: New electronic ballasts with 2 lamps for each fixlure, installed as per previous instructions. Quantity -2 ballasts. 13)Exits: Replace all exit signs with I.F.I~ si~.~ with battery back-up. Exit sing on both floors are covered in this part of the specification- replace exits on both floors. Specification: ASTRALITE 3000 Series Quantity: 12 (4) Ceilins mount, single-sided (1) Ceillns mount, double-sided (7) Wall-mount, single-sided