HomeMy WebLinkAboutresolution.council.054-97
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RESOLUTION NO. 5!/
Series of 1997
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND KOPF & KOPF ELECTRICAL ENGINEERING,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Professional
Services Agreement between the City of Aspen, Colorado and Kopf & Kopf
Electrical Engineering, a copy of which contract is annexed hereto and made a part
thereof,
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that Professional
Services Agreement between the City of Aspen, Colorado, and Kopf & Kopf
electrical Engineering, a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager of the City of Aspen to execute saidl
contract on behalf of the City of Aspen.
Dated:
n /f
,1997.
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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 A'l"'n, Colorndo, "a IDeoting held ~ lye
1997,
..._........ 'B7~,0~3.....,1,'3'37 12:36. . FROM Kopf', ~".,..K;.oPf'. l:p.e.c~..E':l~r'." .. ,19 ~205119 P.B2
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JUL e:o '97 11:iQ2AM CITY OF ASPEN
AGT!F.lO'.Mtl.NT mT! 1>RnJltl~STnNAL SJ<RVTr.RC::
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pThis ~ made ami.entered on the da~ here~r stated. between the CITY Of
ASPEN, Colorado, ("City") and Kepf & Kopf Electrical E:ngi"eerq, Colorado ("Profession"
.&1").
For and. m f:.Onsideration of the mnfll"1.covtmlUltS CCllIt"ined herem. the parties agree as
follows:
SCOlll'l of W Qrk. Professional shall perform in a competent and professiol>>J1
manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference
incorporated herein. profes.slonal agrees IJ01: to undertake any work for Holy Cross EJe4;;triClll
AlISQciation, Inc. during ~ perioli of tbis Agreement without the express written consem. of the
CitY.
Cn~"rinn, Professional &ball 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 professioDal skill and care and the orderly progress of. thI
. Work in a timely manner. The parties anticipa.u: that all work pursuant to this agreement shall be
completed. no later than December 31, 199'7. Upon request of the City, Professional shall submit,
for the' ~'s approval, a. schI:dule for the perfollllllDCO of Professional's services which shall be
a<1justed as required as the project proceeds. atui which shall include allowances for periods of
time required by the City's project ~ for review and approval of submissions and felt
approvals' of authorities having jurisc1ittion over the project. This schedule, when approved. by
the City. &ball not, e~eept for reasonable cause. be exceeded by the Professional.
Payment, In consideration of the work performed. City shall pay Professional
Fifty Five ~and Dollars ($55,000.00), Professional sball submit, in timely fashion, invoices
for woa performed. The City shall review such involcesand, if they are considered incorrect or
untltllely. the City shall review the matter with ProfClssional within ten days from receipt of the
Professional's bil.lin8. the City undersf,aIJding of the disposition of the issue. Professional's.
invoice shall be for the period e"tll"lg the 25th da.y of each month. The invoice Ihauld' be
received by the City's project engineer no later than the 1st of each month. '
, Nnn.,h~igJ1'1bi!,ity. Bot.h parties xecogmze that this contract is one for personal.
services and canDOt be transferred, assigDed, or sublet by either party without prior wribn
COlll!cnt of the ot11cr, Sub-Contracting. if authorized. sl1al1 not relieve the Professional of a~ of
the responsibilities or obligations umler this aarcement. Ptofessionalshall be and remain solely
raspensible to the City for the acts, el.Tors, omissions or neglect of any subcontraCtors officers,
agentS and employees. each of whom shall, for this puIllose be decm~ to be an. agent or
employee of the Professional to the extent oC the subcontract. The City shall not be obligated, to
payor be liable for payment of any sums <1ue which may be due to any sub-eontractor.
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. 07'03'1~97 12=37
FROM Kopf & Kopf Elec.
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JUL 121:3 . S'i' 11 : eE'F1M CITY OF' FISPEN
. . 1'P.nT1in~tion., The Professional or the City may terminate this Agrl!Ul)'l1ent, without'
specifying the reason therefor, by giving notice, in 'writing, a<ldressed to the other party,
spl;Cifylxlg the effective date of the termination. No fees shall be eamed after the effective date of
the 'teImination. Upon any term;..~tlnll., all flnl.herl or lI..fini.\1ed documents, data, studies,
surveys; dLawqs, maps, models, photographli, n:porta or other material prepared by the
ProfesliioIlll1 sball beCome the property of the City. NotWitbsu....lng the above, Professional shall
not be rolicvo:l. of any liability to the City for damages sustained by the City by virtue of any
breach of this .Agree:lnent 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.
Cnv...,ant AIlAin~t Cont;nrent Fees. The Professional warrants that s/he haS lIOt
been employed or retained any compllIlY or person, other tban a bona fide ~loyee working for
tb.e Professional, to solicit or secure this collll'iCt. that slhe has not paid or agreed to pay any
company or person, o1:hIlr than a bona fide employee, any fee, commission, percentage,
brokerage fee, gifts or an)" other consideration comillgent upon. or resulting from the award or
m~ of this contract, For a breach or violation of this coIll:ract without liability, or in its
discretion to deduct from the comra~ price or COIlSidc:ration, or otherwise recover. the full
, amount of such fee, conunission, percentage, brokerage fee, gift or contingent fee.
1nd<:p"lIdent ~nntrDCIOT ~tuA. It is expre$sly acknOwledged and unw:ntooc1 b~'
the parties that nothiDg contained in this ~~ shall result in, or be collSttued as establishing
an lmlployme:n1 relationship, Professionat.l~ be, and shall perform as. an independent
CoIlttactor who agrees to use his or her best jeffons to provide tbe said SeMces on behalf of the
City. No agent, employee, or servant of PIlofessional sball, be, or Sbsll, 'be deemed to be, the
employ,ee, agent or servaIll of.the city. Cityl is Interested only in the results obtained under this
conttact. The manner and means of ~tlng the w~k are Ill1der the sole comol of
Professional. None of the j)enefit'll provided ~ City to its C/l1ployees including, but not limited
to. workers' compensation lnsurllIlce aIIli UIISJ'llployment insuram:e, are available from City to the
employeeS '. agents or servants of Professional. Professional shall bl' solely and eDlilely
responSible for its acts and for the acts qf Professional's agents. employees, servants and
sulx:ontractorsduring the perfonnance of ~ conttaCt. Professional shall i!Jdf'mnify. City against
all liability and loss in connection with, and sball asswne full responsibility for payment of all ,
fe4eral. state and local taxes or contributions imposed or requirecl under UllCmplo}'lIll:Ilt
msufMce. social security and income taX law, with Ie$pCCt to Professional81Jdlor Profesllonal's
employees engaged in the perronnance of the services agreed to herein.
tntlL'!lTlninl'.JItion. Profe8sional agrees to jfttl_i~ and hold baxmless the City, its
officers. employees, ~s,.and seIf-insuram:e pool, from and against all liability, claims', and
delnaDds, on account of iD,jury, loss, or damage, including without limitation claims arising from
bodily injury, personal iIgury, sickmlss, dise!lOP., death. property loss or damage, or 'In! ~
losS of any Jdn(l whatsoever, whicb arise out of or are in allY manner cmmcc:T.ed WIth r:blS '
contract, if such !I:liury, loss, or damage is caased in whole or in part by, or is claimed to"be
caused iU whOle or in pan by, the act, omission, etTor. professional error, mistake. negligem:e,
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, 'JUL' 03 '97 l1:lEAM CITI Or FI5PEN
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or o,ther fault of the Professional, any .subcomractor of the ProfessioMl, or any officer,
emp~oyee, representative, or qOlll: of the ProfessioDal or of any subcontractor of the
Profc:ssional, or which arises out of my workmen's campeDSation claim of ani employee of the
Professional or of any employee of any subcoDlractor of tile Professional. The Professional
agrees to investigate, haIJdIe, respolld to, and to provide defeme for and ckfcJlli agaiJlSt any such
liability, claims or demands at tile sole eltpcllH of the Professional, or at tbe option of the City.
agrees to pt;y !h;: City or l'llimbuIse the City for the defense costs inl:urrcld by the City in
connection with, any such liability, claims, or demaIIds. ~ Professiooal also agrees to bear all
other c.osts andexpenscs related 1hereto. includini court cqsrs and attorney fees, whetl1er or not
any such liability. claims, or demaDds alleged are sroUlldless, false, or fraudulent. If it is
determined by the final juclament of a court at complltl:Dt jurisdiction that such injury, loss, or
damage was' caused in whole Dr in part by the act, omlPion. or other flwlt of the City, its
officers, or its employees, the City shall n:imburse the Professional for the portion of the
judgment attributable to such act, omission. Of other fault of the City. irs offic:ers. or emploY,ees.
Prllfel:~io!lll.l's Tn~\JI'lI~. (I) Professional Igxeos to procure aDd m..inf1lin, at itS
own expense, a policy or policies of inS\Ilm:e sufficient to insure against allliablllty, clalmi,
(l('mRnds, and oth,er obligations assumed by the Professional pursuant to Section 8 above. Sqclll.
insurance shall be in addition to a1lY othet insurance requiIemcnts imposed by tbis C:OlUIact or by
law. The Professional shall not be nllievOll of any liability, cla~, demands, or other obligations
assumed puriUllllt tD Section 6 above by reason of its failure to procure or maintain insurance, or
by reason of its failure to proc:w:e or ft1"int..in insurance in suffic:ient amounts, duration, or typer,.
(b) Profess,ional shall procure and maintain. and shall CAuae lIlY subcontractor of the
Professional to proc~e and maintain. the TT1ini""'I~ insurance coverages listed below. Such
coverages sball be procured ami D''tlnt..ined with forms and insur~e acceptable to the City', All
coverages shall be contiwously m..intSlined to cover all liability. claims, delIlBJlds, and othl:i
obliga~ions assumed by the Professional pumuant to Sec:tiClJ1 g above. In the case of lIlY clai.m,'
made polley, ~ IJeCessary retl'OacUve dates ami extended reporting periods shall be procured to
mAi]1to.if!. such c:ontinv.ous coverage.
(i) Wor/rJM1l '$ Compensfllion insurance to cover obligations imPose\'!. by
applicable laws for any employee engaged in the perfo1'D1llDCe of work under this contract, aud
Employus' Liability insurance with I1Jinimum limits of FIVE HUNDRED THOUS./\ND
DOLLARS ($500,000.00) for each aa:ident, FIVE HUNDRED THOUSAND DOLLARS
($SOO.OOO,oo) disease . policy limit, and PN'B HUNDRED THOUSAND DOLLARS
($500,000,00) disease - each employee. EvideIK:e of qualified self-iDsuIed status may be
substituted for the Workmen's COmpeDSation requiwnents of this paragfl\Ph.
(ii) . CO/TlJ1lSrclal GeneralLitJbility insurance with ~n;ni1Jm combined. single
limits of ONE MIWON DOLLARS ($1,000,000.00) each occurrence: and ONE,
MIWON OOLI.ARS ($1,000,000.00) aggregate. The policy shall be appUcable to all
premises and operations. The policy shalllDc1ude coverage for bodily injury, broad fOM
property damage (incl\ll1ing completed operations), personal ~ury (including coverl\ie
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for coD.ttac~ and =nployce acta)., blanket contraclUal, independo~ contracr.ou,
products, and completed opetations. The policy sbai1 contain a severability of interests
provision.
(ill) Comptehe1l8ive AulfJf1lObtle Liability insurllIlCe with fUlnimum combined
single limits for bodily h\jury and property damage of not less than ONB' MILUON
DOllARS ($1,000,000,00) each ~ and ONE I MlLLION DOllARS
($1,000,000.00) aggregate with respect to each ProfessiODa!~ oWllSd, hired and nail-
owned vehicles assigned to or used in perfo~ of.the pe of Work. Tho policy
shall comain a severability of in1:crests provision. If the Pc fessional' has no owned
automobiles, the req~~nts of this Section shall be met llY ~ eu1ployee of the
Professional providing services to the City UlJder this contract. '
,(c) The policy or policies required above shaI1 be endorsed to include' the City and the
City's officers and employees 1I5 additioual iDSureds, livery policy required above . shall be
P!imary insurance, and any insurance carried by the Cit)j. 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 providGd by Professional. No additional insured endorsement to the polley
required above shall contain any exclusion for bodily h\iury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible lQSses
under any' policy required above.
(d) Tlu; certificate of iDsurm:e provided. by the City shall be completed by the
Professional's iIlsurance agent as evidence tllat polides providiDg the required coverages, condi,-
tions, an4 minimum limits are in:filll f~ and eftect, and shall be reViewed an4 approved by the
City prior tocozzimencement of the comrac:t, No other fonn of certificate shall be used. The
certificate shall identify this conUact and shaI1 provide that the coverages afforded UDder the
policies shall not be canceled, terminated or materially cbanged UDtil at least thirtY (30) days
prior written notice has been given to the City.
(e) Pailure on the part of the Professional to procure or maintain policies providing the
required coverages. conditioDS, and Jrliniml1'l1limits shall,constitute a material breach'ofcol1ttact
upon which City may immediately teIminate this contract, or at its disc:.retl.OD. City may procure
or renew any such polley or any exte.Dded reponing period thereto and may pay any and aliI
premiums in. co!lIleCtion therewith, and all monies so paid by City shall be repaid by PIofessioDill
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 polic:y and; llD,y
endorsement thereto.
(g) The parties hereto understand and. agree tba.t c;:ity is ,relying on, and does not waive
or intend: to waive by any provision of this contract, the monetary ,limitations (presently
5150,000.00 per persOD and $600.000 per occw:renc:e) or any other rights, i:mImu1ities, and
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~~/93/1997 12=39
FROM Kopf &....Kopf: 5~ec. ~n9.r,.. .,.. ...TC!"I.~fB5119..
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JUL 03 'S7 11:11l5AM erTY OF' ASPEN
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p~otections'pro~ by the.Colorado Governm'll1ta1 Jmnn'1llty Act, Soction 24-10-101 et seq.,
C,R.S" as from time to time axnended, or otherwise available to City, its officers, or its
e!11Ployees .
City's TnmlrllnC~, The partieS hereto undersw,d that the City is a member of the
Colorado Intagovernm"l:)t.., :Risk Sbariag ~ (CIRSA) and as such participates in the
CIRSA Property/CasualtyPool. Copies of the CIRSA polieies and manual are kept at the City of
~n Finance D~artment fi:Dd are available to Professional for ~pection during normal
busll'l/lSs hours, CIty makes no representations whatsoever with respect to speoific covetages
offered.by CIRSA. City shall provide Professional reasoI!a~le notice of any changes in its
memberShip or participation in CIRSA, ,
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, , Completen",,! of AIV"'='qpt', II is explQsly qreedtllAt ~ agreement contains
the ~ lUldertaldDg of the parties relevant to the subjllCt ~ thereof and tht:nl Bre no'verbal
or written representations, agreements, wamnties or promis~ pertaining to the project matter
thereof not expressly incorporated in tbis writiDg,
Notice. Any written notices as called for herein may be band delivered to thi:
respective persons and/or addresses listed below 01 mailec1by certifie4 mail return receipt
.requested, to: '.
City:
Amy Margerum, City Manager
City of Aspen.
130 South Galena Street
Aspen, Colorado 81611
Professional:
Kept & Kept Electri<:al Engineers
Clemons M, Kepf
6811 117 Rd.,
G1enwood Sprinp, CO 81601
Non-Dilr:riminlltion' penll~. No cliscrimiDation because of'race, color, creed,
sex, marital status, aft'ectional or sexual orientaQon, family responsibilily, national origin,
lIIICllIltr)t, handicap, or religion shall be made in the emp~ofpersons to perform ServiCClI
under this contract, Professional agrees to meet all of tl1e requirements of City' s nmnic:ipal code,
Section 13-98, pertairJing to non-discrinUnation in employment.
W,jYl"J'. The waiver by the City of 8.ny term, covenant" or condition hereof shall
DOt operate as a waiver of' any subsequent breach of the same or I!IY DttIIl1' term. No term,
covenant, or condition of this Agrt''''"'P.Dt can be waived except by The written consent of the
City, and forbeara1= or in4ulgence by the City in any regard whatsoever Shall DOt constitute Ii
waiver of any term, covenant, or condidon to be ~.ro.tne4.by Profc5sional to which the same
may apply aucl"until completa perf01'Il:lBnCl by Professioull of said term, covenant orcolldition,
the City shall be entitled to invoke any remedy available to it J1D.der this Agreement or by law
despite any such forbearance or indulpnce, .
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8~/83/ 19?7 120 48. . FROM Kep( ;:~e;:J~:: ;'~:":'.~~~~:':,,<<;:~:;~:::~;~{:85119 . " :. ~.8:, . ..
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JlIL 03 '97 11 : 06FlM CITY OF f1SPEN P. 7
..' 'P.YP"lltinn nf ~ment Il.Y CiW. This lllJW''UeDt shall be binding UpOIlaIl parties
~1O and their respective heirs, e~IS, administrators, S\K:CeSSors, 8Jld assignS. NotV.ith-
standi'1g anything to the conttuy C01l1>l;mo.d herein, this agreement shall not be binding. upon the
City unleSs duly executed by the Mayor of the City of Aspen (or II dply authcrizsd officialln his
ab5ence) following a Motion or Resolution of the Council of the City of Aspen authormng the
Mayor (or a duly authorized official in his absence) to execute the same.
Gene",,1 Terms,
(a) It is agreed that IK:ithet this agreement nor any. of its ler1D8, provisionS,
comlitiOllS, representations or coveDalltS can be modifiel1, changed, termin.WI or 9m....tf..-d;
waived, superseded or extended except by appropriate written instrument fully executed by tl1ie
partiss.
(b) If any of the provisions of this agrec:D1C!it shall be he1c1 invalid, illegal or
. \l1le1\forceable it sball not afi'ect or impair the validity. legality or enfo:ceability of any 'other
proyision.
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(c) The parties acknowledge and. UDdersilllld that there are no coDditiQIlS or.
limitations to this undersranning except those as contained heJ'ein at the time of the executioll
hereof and that after execution no altefation, change or modification shall be made except upon a .
writiug signed by the parties.
(d) This agreP.lTlP.JW shall be governed by !he laws of the Slate. 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 tbree copies each of which sball be deemed an
original on the date hereiDafter wp,tten.
D~red;
ATTESTED BY:
CITY OF ASPEN, COLORADO:
~,J~ By
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. .JUL. 03 '97"'11'-06r:iI'i"C:ITY QF'-A5PEN '..-.' .....
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PRO~SIONALy, 7'>1. I i _ / '" . \ 'b
f!rl"i~*lGf-f "'~e~t~."..( ~~#~re.C~ '~
By: ~/71-L4H.o 7J(tZ..A ~ -'1/3/9?
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APPROVED'AS TO FORM BY:
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, JUL ~a '97 11'67AM CITY OF ASPEN - -....
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Exhibit "A"
Profeseional agrees to provide; I
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1. PIeliminar)r 1I1ectrio distribution. system designs .IlCUSllaty to integrate areas of
the City of Aspen owrently served by the Holy Cross Electric Association (HCEA).
2. Collt estimates for the above designs U5lng the revenue mllltiple. new replacement, .
and not book acquistion methods.
3, Review of design.s ,produced by RCEA for eJecttic system modifications
necessary to provide HCM with the continued ability to provide elec1ricity to their
clistomers outside oftbe City of A$peZ1.
4, Cost ostimates of possible franchise QonCllssions. including texes, delivery
feeders, alternate supplies, stores and warehousing, system. losses, Wheeling, eto,
.
5. Research of existing atld proposed HCEA facilitios.
6. Attendance at negotiating SiSSiOIlS with HCM and all meetings with ER.G and.
City of Aspen staff, and City Council work sessions and public meetings.
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