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HomeMy WebLinkAboutresolution.council.013-93 RESOLUTION NO. /.~ Series of 1993 A RESOLUTION APPROVING A SERVICE CONTRACT BETWEEN UNIFILT CORPORATION AND THE CITY OF ASPEN, COLORADO, FOR THE REMOVAL AND REPLACEMENT OF FILTER MEDIA FOR THE WEST WATER PLANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a service contract between Unifilt Corporation and the City of Aspen, a tree and accurate copy of which is attached hereto as Exhibit "A,"' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that service contract between Unifilt Corporation and the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen 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 ~7~ day of ~ ~-~f', 1993. n S. Bennett, Mayor 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 held on the day hereinabove stated. Kathry~/S. Kodh, City Clerk'S- AGREEMENT FOR SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and The Unifilt Corporation ("Contractor"). ' For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Score of Work. Contractor 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. 2. .Completion. Contractor 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 al/work pursuant to this agreement shall be completed no later than ~pr~ 1 1 p. 1 993 . Upon request of the City, Contractor shall submit, for the City's approval, a sdhedule for the performance of Contractor'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 i submissions and for approvals of authorities the having jurisdiction over project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Contractor. 3. Payment. In conside.ration of the. w~k l~efformed, City shall pay Contractor Forty Thousand Eight Hunared Sixty ~ollar · .~Contra~u/ fashion, invoices for work performed. The City shail review such invoices and, if they are considered incorrect or untimely, the City shall review the matte~ with Contractor within ten days from receipt of the Contractor's billing, the City understanding of the disposition of the issue. Contractor's invoice shall be for the period ending the 25'th day of each month. The invoice should be received by the City's project engineer no later than the 1st of each month. 4. Non-Assignability. 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 Contractor of any of the responsibilities or obligations under this agreement. Contractor 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 shail, for this purpose be deemed to be an agent or employee of the Contractor to the extent of the subcontract. The City shall not be obligated to pay or be I/able for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Contractor 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, drawings, maps, models, photographs, reports or other material prepared by the Contractor shall become the property of the City. Notwithstanding the above, Contractor 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 Contractor, and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 6. _Covenant A~ainst Contingent Fees. The Contractor wan'ants that s/he has not been employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, 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. For a breach or violation of this contract without liability, or in its discretion to deduct from the contract price or consideration, or othemdse recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 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. Contractor 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 Contractor 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 Contractor. 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 Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this contract. Contractor 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 reqt/ired under unemployment insurance, social security and income tax law, with respect to Contractor and/or Contmctor!s employees engaged in the performance of the services agreed to herein. 8. Indemnification. Contractor 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, 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 Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of anyworkmen's compensataon' claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor 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 Contractor, 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 2 liability, claims, or demands. The Contractor also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, .or demands alleged are groundless, false, or fraudulent. 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 Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Contractor's Insurance. (a) Contractor 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 Contractor pursuant to Section 6 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor 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. Oo) Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor 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 Contractor 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 HUNDI~MD 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. (i5) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MU.LION 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 contracttial, independent contractors, prod.u?, 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 MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MIl.LION DOLLARS ($1,000,000.00) ago~regate with respect to each Contractor'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 Contractor has no owned automobiles, the requirements of this Section shall be met by each employee of the Contractor providing services to the City under this contract. (iv) Contractor Liability insurance with the minimum limits of ONE Mil .LION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) 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 Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or propen'y damage arising from completed operations. The Contractor 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 Contractor'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 certificate 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 Contractor 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 Contractor to City upon demand, or City may offset the cost of the premiums against monies due to Contractor 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 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise avai/able to City, its officers, or its employees. i0. ~. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the C1RSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Contractor reasonable notice of any changes in its membership or participation in CIRSA. 1 i. .Completeness of Aareement. 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 to the respective persons and/or addresses listed below or mai/ed by certified mail return receipt requested, to: City: Contractor: Amy Margerum, City Manager UNIFIL'I" CORPORATION City of Aspen P.O. Box 389 - 118 N. Main Street 130 South Galena S~eet Zelienople, Pennsylvania 16063 Aspen, Colorado 81611 Contact: Karen A. Dunbar, V.P. Phone: 1-800-223-2882 Fax: 1-412-452-1044 13. Non-Discrimination; penalty_. 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 agrees to meet of the requirements of City's municipal code, under this contract. Contractor 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 A~eement 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 COntractor to which the same may apply and, until complete performance by Contractor 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 Aareement by City. This agreement shall be binding upon all parties hereto and their respective heks, executors, administrators, successors, and assigns. Notwith~ standing anything to the contrm7 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 author/zed 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. .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. $ Co) 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 hereinafter written. Dated: ~ /~_.~ ~0 ATrlESTED BY: CITY OF ASPEN, COLORADO: Contractor: WITNESSED BY: UNIFILT CORPORATZON Elizab~h A. Spirk /~/ ~/Karen A. Dunbar Vice President APPROVED AS TO FORM BY: SCOPE OF woRK FILTER MEt}IA: The City of Aspen is requesting bids from Contractors to supply the equipment and labor necessary to remove the filter media from Aspen's West Water Filter Plant and assist in placing new media back into the filter bed. The West Filter ?lant was built in the mid 1960's and originally consisted of a sand filter plant. Subsequent to that construction, anthracite coal was added to the sand which convened the plant to a mi.~ed media filter system. The sand and anthracite is worn out and must be replaced. The City will be replacing the sand and gravel media with new mixed media material. Throughout the replacement process, the Water Plant will remain on line and operational. The Water Filter Plant consists of eight filter bays. It is the intent of the City to replace the media in all eight bays. It will be necessary to replace the media in one filter bay at a time while the remaining falter bays continue to remain in operation. The West Water Plant has four filter basins. Each basin has two filter bays. A filter bay measures 12' 4 1/2" x 18' 4" or 226.8 sq. ft. The depth of the existing filter media is approximately 48" - 60". The filter media consists of progressively layered rock, sand and anthracite. The bottom layer or support gravel is approximately 5' - 7" deep. The gravel is 1" - 3/4" in effective size. The next layer is approximately 4" - 6' thick and has an effective size of 3/8" - 3/16". The remaining filter media is Comprised of coarse sand, fine sand and fine anthracite coal. The Project will commence the middle of February. The entire project must be completed within an eight week time period. The City will provide three laborers to assist in the media removal and replacement. The contractor is to furnish all necessary equipment, labor and miscellaneous materials necessary to complete the project. The City will provide onsite location for the stockpiling of materials removed, and, an endloader/forklift to move the containers of media. From experience, the City has determined that one of the more effective ways to remove the filter media is with a Vactor-type track. If this process is utilized for the medial removal, the contractor shall provide no less than three (3) laborers to assist in that process. If another method of filter media removal is utilized, the firm bidding the project must show that the removal process being utilized will remove the filter media in the time allocated. 8 The filter media that will be placed back into the filter consists of the following (from bottom to top): A. Support Grovel Layer 1. Total thickness of 7 inches 3/4" to 1 1/2~ size gradation Layer 2. Total thickness of 4 inches 3/8~ to 3/4~ size gradation Layer 3. Total thickness of 4 inches 3/16~ to 3/8~ size gradation B. Stabilization Gravel Layer 4. Total thickness of 3 inches 1 to 2 mm size gradation C. Filter Media Layer 5. Total thickness of 3 inches (sand) 0.2 to 0.3 mm size gradation Layer 6. Total thickness of 9 inches (sand) 0.45 to 0.55 size gradation Layer 7. Total thickness of 18 inches (anthracite) 1.0 to 1.2 mm size gradation Media suppliers will provide technical assistance for all four filter basins (eight bays) during the media installation. Please note that filters will not be rebuilt at the same time, but rather, will be done one at a time for all filter beds. 9 AMENDMENT TO SCOPE OF WORK SUPPLY OF MATERIAL The City of Aspen is requesting a resubmittal of Bids for the removal and replacement of the filter media in the West Filter Plant. The filter media supplier that has been selected to provide the filter media to the City, packages the material in containers that weigh approximately 20004000 pounds per bag. This is a substantial change from the original Scope Of Work. Bids were initially requested for the replacement media to be supplied in 50 and 100 pound bags. The City had advised each of the bidders on the Project that the City would assist in the removal and replacement of the media, as well as supplying the necessary conveyors for moving the 100 lb. bags. The City was also to provide an endloader/forldift to unload and move the pallets of material. The City is not equipped to convey the filter media from the bulk containers to the filter beds during the replacement phase. The City will still provide an endloader or forklift to move the large containers and three (3) personnel to assist with the work. All other equipment, labor, and miscellaneous materials necessary to perform the required work shall be provided by the contractor. Attached is information on the containers that the filter media will be supplied in. Would your finn please review this information and provide the City with a new bid proposal reflecting the change in the work. The City also requests a detailed analysis/description of the method to be utilized by your firm in the placement of the new filter media. A portion of the filter media will be delivered in 100 pound bags. The Garnet portion, totalling 952 cubic feet or 61.80 tons, will be packaged in 100 lb. bags and palletized. 7