HomeMy WebLinkAboutresolution.council.011-07
RESOLUTION NO.l.l
Series of 2007
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
WITH STARK ROOFING & SHEET METAL, INC FOR EMERGENCY ROOFING REPAIRS
TO THE TRUSCOTT 100 BUILDING IN THE AMOUNT OF $25,800.00.
WHEREAS, due to the accelerated deterioration of the flat section of the Truscott 100
building roof, it has been determined that it is in the best financial and safety interest of the
property, staff, and clients at Truscott 100, that the repairs to the aforementioned section of the roof,
which are budgeted for and scheduled to occur later in this year, to be move forward as soon as
possible. This company can respond immediately to recover the EPDM membrane with cover
board, mechanically attach a new TPQ reinforced membrane with hot air welded seams as well as
to flash all necessary walls, curbs, roof openings, and any needed new sheet metal flashing to effect
a complete repair for this problematic section of the Truscott 100 building roof.
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 the proposal for repairs at the
Truscott 100 Building as referenced above, and does hereby authorize the City Manager of the City
of Aspen to execute the Agreement on behalf of the City of Aspen.
Dated: ~L~ /f
'2007~~
- /tII('
H~ahn d, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of ~ed by the City Council of the City of Aspen,
Colorado, at a meeting held /:;;J... , 2007.
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY
OF ASPEN, Colorado, ("City") and _Stark Roofmg and Sheet Metal, Inc., ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree
as follows:
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.
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 March 2,2007. Upon request of the City, Professional 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.
Payment. In consideration of the work performed, City shall pay
Professional on a time and expense basis for all work performed. The hourly rates for work
performed by Professional shall not exceed those hourly rates set forth at Exhibit "B"
appended hereto. Except as otherwise mutually agreed to by the parties the payments made
to Professional shall not initially exceed $25,800. 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.
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
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 payor be liable for payment of any sums due which may be
due to any sub-contractor.
Termination. The Professional or the City may terminate this Agreement,
without specitying the reason therefore, by giving notice, in writing, addressed to the other
party, specifYing the effective date of the termination. No fees shall be earned after the
effective date of the termination. Upon any termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, reports or other
material prepared by the Professional pursuant to. this Agreement shall become the property
of the City. Notwithstanding the above, Professional shall not be relieved of any liability to
the City for damages sustained by the City by virtue of any breach of this Agreement by the
Professional, and the City may withhold any payments to the Professional for the purposes
of set-off until such time as the exact amount of damages due the City from the Professional
may be determined.
Covenant Against Contingent Fees. The Professional warrants that slhe 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 slhe 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.
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.
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 dantage, 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 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 dantage 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.
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 antounts, 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) Workers' 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 THOU-
SAND 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 Workers' 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
ONE MILLION 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 mmrmum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned,
hired and non-owned vehicles assigned to or used in performance of the Scope of
Work. The policy shall contain a severability of interests provision. If the
Professional has no owned automobiles, the requirements of this Section shall be
met by each employee of the Professional providing services to the City under this
contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION 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 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
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 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 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
24-10-101 et seq., c.R.S., as from time to time amended, or otherwise available to City, its
officers, or its employees.
City's Insurance. The parties hereto understand that the City is a member of
the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in
the CIRSA 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.
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.
Notice. Any written notices as called for herein may be hand delivered to
the respective persons and/or addresses listed below or mailed by certified mail return
receipt requested, to: .
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Street Address
City, State & Zip Code
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.
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.
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 duIy
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.
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.
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.
[SIGNATURES ON FOLLOWING PAGE]
--.-",' . - ~'~"------'~-~
ATTESTED BY:
CITY OF ASPEN, COLORADO:
~~-~
t2~ ""'''?__
Date: ~-? 19 7
By:
WITNESSED BY:
Date: /~r;,-6 7
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I\II.TT.Jnnu u\.my,..
and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
Public Contract for Services:
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Certification and Supplemental Conditions to Contract for Services _
Conformance with ~8-17.5.101. et sea.
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06- 1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens _
Public Contracts for Services." This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an illegal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The new law also
requires that all contracts for services include certain specific language as set forth in the statutes. This
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Applicabilitv. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated
herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in
Public Law 208, I04th Congress, as amended, and expanded in Public Law 156, 10gth Congress, as
amended, that is administered by the United States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a specific end product other than reports that are merely incidental to the
required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order
to verify that it does not employ illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following
terms and conditions:
I. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing
verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same
every three (3) calendar months thereafter, until Contractor is accepted or the public contract for
services has been completed, whichever is earlier. The requirements of this section shall not be
required or effective if the Federal Basic Pilot Program is discontinued. .
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or
contracting with the illegal alien; except that Contractor shall not terminate the Public
Contract for Services with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
6. Contractor 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.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract
for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual
and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.RS.
Public Contract for Services:
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01/25/2007 17:12 R<X 970 945 7574
STARK ROOFING
~ 0011001
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STARK ROOFING & SHEEr METAL,INC.
P.O. Box 7
6420 County Rd. 335. Unit E
NEW CAstLE, CO 81647
P~flNO.
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Pb!;lll5
4895
PH. (970) 984-9224
FAX (970) 984-0966
IPIROlPOSAlL
TO
ci t>, Of Aspen
Attn: t<~i
130 5, Galena
A~pen. Co. 81611
PI-lONE
DATI!
920-5139
JOB NAME I LOCATION
1/25/07
Flat Roof Over Offices
Aspen, Co,
We hereby $ubmiT $P~C'ificeticnlS and estimates for:
FUrnishm.t~rlal and labor to replace roof. Bid includes:
"Low slop existing roof'
membrane roof surface with cover board.
attach - new TPQ rainforced membrane with hot
JOB NUMBE"
Fax 920-5358
JOB PHON E
1) Recover EPOM
2) Mechanica!ly
seams.
3) Flasn 61. nBCeSg.ry walls. curbs and
4) Install new sheet met~l fleshings.
Low slope area bid:
air,
''""loed
foof operli ngs.
>
1... F:€mo'./~' old
2) tall 6'
YOlof dec k.
3) Repl:-ce
basis.
4) Inst,~ll n"~J ","'dl thick butt
interlacement felt on Qac
5) Install n~w sheet metal' nes as necessary.
5taep slope shake area $ 16,800.00
This bid ~.flects neceSsarY 11 . ges and insurances inclUding
wor k~r's CCmDIi:';'Js~'!t~ --;:'-':bwsi ness liabi 1..1 ty an r'operty damage _ Job site
clean c.:p a,'nd l~):\'" ill charges are ab,o included. .is bid will be honored
for 4.5 da.ys.':'.ft the above date if notice "f awa.rd is ceived within 30
days. A _gned c~py of the proposal must be in Our offic ithin the
spec' led time ~Q honor this bId. Roof ~QBi9n or problems w roof
ding or j~e d~rnmir,g are not the responsibility of stark Roofing's...
hSh~:Fke'al'ea'"
.nakes to wood dec~.
i~. and water membrane
25,800.00
..t eave""
30 lb. on remaInder 0
using
necessary
m..tetial
Payment 10 oe mads as loJlows:
Increment~l pay~ents. Balance due at job completion.
'1;VG:! :F'J'1DlPf0l&.!liI nereby to fumish n'lQforlaJ and labor - complete in aecordanc. wlrh rhe above 11'G1c11icatlons, 10r the BUm of:
COlla,.. II ).
Th~nk YOU;
All ma!ilrlall, guaranfgo([ ttI be as speoll' -d. All worli: to tic!' eunpl8tea III B prcr18$$ionlll
rn~nl'l8r olCCOrdlng:o 6Ulna;l/d ;>l"'le~C!'s, Any ..1t9~llon or al)...!atlon lram above BDeclllcl-
1101'18 lr'IVOlv)ng 8xtlill:'Ol"~ Will bo I'rllaClJltd onlY Upon wrht[U1 order!.. Dna WIll ~com. tlll
Cltlr.l cl\ar~ over aM above tho; /il)';lil'T'l;II(l. AU ~1"f!mtrl1e eon6npanl upon .:!ittllles, llcCldenta <:Ir
a&JaYS beyon:l our COlllrOl, Cwner tQ ctItry lift,!, IlJ"'l&~. end Cllner nlc8SSaIy i"lilUfvtce. aUf
wor~.1'6 81"9 'ully ClWl;!'od br IJ'lork6rs COrT'lOflnsmlon ll'lt)ul1ll1ca!l.
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Md e(lndl\iQn~ IifS sads1aC!or'{ .11"'(1 ,~re hirlt.by acceptlild. You al'$ Buthonzed
10 do fhe work as 9p("r:ilied P:1yf'nQnc will be made iil~ oU111ned above.
Sj9natun.
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