HomeMy WebLinkAboutbocc.con.176.2013 Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 176-2013
ORIGINATING DEPARTMENT: Engineering
PROCUREMENT OFFICER: QR. Pielding PHONE#: -9205206
PROJECT NAME: WE-Cycle Agreement CONTRACTOR: WGCycle
DOLLAR AMOUNT: $200,000.00 LINE ITEM# N/A
CONTRACT EXECUTION DATE: 5/28/2013 CONTRACT END DATE: 12/31/2016
AUTOMATIC RENEWAL: � YGS ❑ NO TERM: 3 Years
❑ BOCC AGENDA ITEM (Grants, IGA) � STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
� OVER $SQ000 (Requires Section Leader& County Manager's Signature)
✓ CHECK PROCiJREMENT TYPE:
❑ None ❑ Infonnal ❑ Formal � Sole Soorce ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Fonn) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE: I'� �� �
� Services/I�4aintenance ❑ Employment
� License/Use ❑ Intergovernmental Agrecment(Resolution Required)
� Lease � Non-Profit
❑ Construction ❑ Quasi-Poblic(e.g.-AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance &Resolution Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10%or$25K whichever is the lesser must havc County Manager signature) �
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ � No Pages Missing ✓� All Other Blanks Filled In
✓ � If Page Lefr Intentionally Blank—Note on Page ✓� All Exhibits Attached
✓ � Page numbered consecutively ✓� All Legal Descriptions attached (fapplicable)
✓ � All Original Signatures Affxed ✓❑Notice of Award/Notice to Proceed Attached (if applicable)
✓ � All Dates Filled In ✓❑ Warranty(if applicable)
✓ � Special Instructions for Finance Department: $will be paid to city,as they handled procurment and
grant '
✓ � Authorized Procurement Officer's Name: G.R. Fielding
BY CHECHING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHEU DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPUANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
Contract#�176-2013 Rev 8.25.11 jnn
Budget Line I[em#001.51.94540.85870
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: 5/28/2013
FROM: G.R. Fielding
Proposed Conh•actor: WE-C c1�Citv of Aspen Product/Service: Bike Share in the Aspen UGI3
Estimate expenditure Par the above construction servicc: $ 24,666
This form is required, and is to aid you, in docwnenting your Sole Source request. Complete all portions of
this form. This purchase is dearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain:
The Board of County Commissioners (BOCC) has directed staff to use Congestion Mitigation Air
Quality grant money and Air Quality Mitigation money (as local match) to aid WE-Cycle to procure
equipment to be uses with a bike share program. Minutes from BOCC work sessions dated 7/5/2011,
]0/4/20ll, 12/6/2011, and 4/6/2013 may be referenced for such direction. The $24,666 will be paid as
part of the local match for the grant, We-Cycle will pay the remainder of funds required for the local
match on this fund. The City of Aspen has handled the procurement.
The undersigned requcsts that Pitkin County waive other pr ure ent requirements and recognize this
transaction as a sole source exception to the Pitkin County r rement Code.
�t'" S/�'/i3 � 2' /3
Coun�neer Date blic or s Director Date
Approved_�Denied Reason for Denial:
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Jon Peacock, ounty Manager V Date �
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EQUIPMENT RENTAL AND LOCTION LICENSE AGREEMENT
THIS EQUIPMENT RENTAL AND LICENSE AGREEMENT (this
"AgreemenY') is entered into this 28 day of May, 2013 (the "Effective Date"), by and
belween WE-cycle, a Colorado nonprofit corporation ("Operator") and the Pitkin
County,Colorado,Board of County Commissioners (the "County").
i RECITALS
A. Operator is a Colorado nonprofit corporation operating a bicycle sharing
program intended to promote the use of bicycles within the"Urban Gro�vth Boundary" of
Pitkin County, as such term is used and defned in the County's official codes and
publications, and the City of Aspen as an alternative to motorized vehicular
transportation (the "Program"). Bike sharing rypically involves a number of bicycles
made available for�sHared�use as a means of increasing mobility options and reducing
traffic congestion and air�pollution. Bike share programs are often consid"ered:a.part�.of
the `9ast mile" solution for transit, meaning that a bicycle can provide transit users with
the link between their station/stop and their final destination. The same can hold true for
the link between bike sharing and car sharing, trail use, carpooling and other alternative
transportation modes. Recognizing this link and the opportunity for increased bicycle
mode share and thus decreased PM-10 pollution, the Colorado Department Of
Transportation approved the use of CMAQ funding for the purchase of bike share system
components to be owned by the City of Aspeo and Pitkin County and operated by WE-
cycle.
B. The Couniy has purchased certain bicycle sharing stations and related
equipment described on Exhibit A attached hereto (the "Stations") to be used specifically
for the Program, and Operator desires to lease such Stations from ihe Coun[y for use wi[h
the Program, all in accordance with the terms and conditions of this Agreement. Exhibit
A also includes a breakdown of the costs for specific components included in the
Stations.
C. The County also desires to license, pursuant to revocable right-of-way
permits, certain real property owned by the County described on Exhibit B attached
hereto (collectively, the "Locations") to Operator far the installation of Stations,
operation and maintenance, all in accordance with the terms and conditions of this
Agreement.
NOW, THEREFORE, for good and valuable consideration, [he receipt and
sufficiency of which is hereby acknowledged,Operator and the County agree as follows:
AGREEMENT
1. CMAQ Grant. The parties understand and agree tha[ the County has
received $165,580.00 through a federal grant known as the Congestion Mitigation Air
Quality (the "CMAQ Grant"). The County agrees that all monies received from the
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CMAQ Gran[ have been, or �vill be, used to purchase the Stations for the Program.
Operator understands that the CMAQ Grant funds will be directly, or indirecdy, used to
purchase the Stations and, therefore, Operator shall use commercially reasonable effoRs
[o comply with any requirements of the CMAQ Grant; provided, however, the County
shall provide written notice to Operator of any such requirements.
2. Additional Funding; Local Match. In accordance to the CMAQ Grant,
the County shall fund the purchase of the Stations with an additional $24,666.00 (from
the Counry's Air Quality Impact Fund) (collectively, the "Additional Funds"). The
Operator shall contribute to the Counry the amount of$9,745.00 (the "Contribution") to
fund a shortfall of County funds necessary to realize the local match of the CMAQ Grant
and fund the purchase of Stations by the County.
3. Leases for Stations. The County hereby leases the Stations to Operator
for use with the Program during the period commencing �.y o�� , 2013 until
�ic.i*jjfr �/ , 2016 (the "Term"). During the Term, Operator shall have the
exclusive use of the Stations and shall control, direct and manage [he use, operation,
maintenance and repair of the Stations. Operator shall have the right to offer sponsorship
opportunities to third par[ies, and the Stations may be used in connection with such
sponsorship opportunities, including use for display of sponsors ]ogo and/or similaz
advertising and marketing uses set forth on Exhibit C attached hereto, in the sole and
absolute discretion of Operator. In consideration of Opera[or's use of the Stations,
Operator shall pay the County the amount of $10.00 per year during the Term. Upon
expiration of the Term,the Stations shall remain the exclusive property of the County.
4. Location Licenses. The County shall grant to Operator a revocable right-
of-way permit in the form attached hereto as Exhibit D for each of the Locations, such
that Operator may use such Locations for the purpose of installing, operating and
maintaining Stations (collectively, the "Licenses"). The County u�derstands and agrees
that the Licenses shall permit Operator to operate the Program from the Locations and
use the Stations within the Locations for sponsorship opportunities. In consideration of
the Licenses, Operator shall pay the County the amount of $10.00 per year during the
Term.
5. Operation of Program. Operator shall establish and operate a paid
bicycle share program within the borders of the Urban Growth Boundary. The Program is
intended to provide residents and visitors a flexible and independent means of
transportation wi[hin the City of Aspen and the County, and the Program shall be
operated i� accordance with such intentio�. Operator shall submit an annual report to the
County reflecting the usage and business performance of the Program, including up-to-
date expenditures and revenues and a pro-forma reflecting two-years of anticipated
expenditures and revenues. Operator shall m�in[�in reasonable books and records for the
Program during the Term and for a period of 3 years thereafter. The County shall have
the righ[ to inspect Operator's books and records for the Program in any reasonable
manner and at any reasonable time for the purpose of determining compliance with the
terms of this Agreement and applicable laws.
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6. Construction and Maintenance of Stations. Operator shall construct
and maintain the Stations i❑ a safe manner, all in accordance with applicable
manufacturer instructions, and all such construction and maintenance work shall be
performed in a workmanlike manner.
7. Insurance and Indemnification. Operator shall maintain property and
I liabiliry insurance coverage in accordance with the requirements set forth on Exhibit E
attached hereto. Operator agrees to indemnify, defend and hold harmless the County
from and against any and all claims, demunds,judgments, liabilities and expenses arising
i� connection with the use of the Stations and/or any injuries arising in con�ection with
use of the Locations.
8. Termination. Notwithstanding anything to the co�trary contained herein,
in the event the Counry determines, in its sole but reasonable discretion, that (i) the
operation of the Program poses an unreasonable risk of danger to the Program's
parlicipants or the public; (ii) Operator is in material default under the terms of this
Agreement; or (iii) Operator has materially ftiiled to comply with terms of the CMAQ
Grant , the County shall have the right to terminate this Agreement upon written notice to
Operator; provided, however, Operator shall have at least ten (10) business days to
correct any such safety issues or defaults to the reasonable satisfaction of the County.
9. Notices. Any notice to be given to any party pursuant to any provision of
this Agreement shall be in writing and shall be (i) hand delivered to such party, or (ii)
sent by FedEx or other nationally-recognized overnight courier service to [he address of
such party set forth below (fee prepaid and marked for next business day delivery), and,
if hand delivered,shall be deemed received when delivered,and if sent by FedEx or other
nationally-recognized overnight courier service, shall be deemed received one business
day after having been deposited with FedEx or other nationally-recognized overnight
courier service if designated for next day delivery addressed as follows:
If to Operator: WE-cycic
PO Box 360
Aspcn, CO 81612
Attn: Mirte Mallory
�mail: mirte ,wc-cvcic.org
With copy to: Genshaft Cramer LLP
420 E. Main St.,Suite 200
Aspen,CO 81611
Attn: Ben Genshaft,Esq.
Email: bgenshaft@�enshaftcramer.com
If to the Countv: Pitkin County
76 Service Center Road
Aspen,CO 81611
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Attn: GR Fielding
Email: gerald.fielding Qco.pitkin.co.us
With Copy to: Pitki� County
530 E. Main Stree[,#302
Aspen,CO 81611
Attn: John Ely,County Attorney
Email: john.ely@co.pitkio.co.us
Any party may,by notice given as provided above,change its address for future notices.
10. Independent Contractor Status. Thc partics to this contract intcnd that
thc rclationship betwecn thcm contemplatcd by this Agrecment is that of indcpendcnt
contractor. Operator, and any agent, employee, or scrvant of Operator shall not be
dcemed to be an cmploycc, agcnt, or servant of Pitkin County. Operator is not rcquired
to offer his scrvices exdusivcly to Pitkin County undcr this Agrcement. Operator may
choose to work for other individuals or entities during thc term of this Agrecmcnt,
provided that the basic scrviccs and deliverable products rcquired under this Agrccmcnt
are submitted in the manncr and on the terms dcfincd under this Agrccment. Operator
warrants that all work produccd will conform to all applicablc industry standard of carc,
skill and diligcncc in the performancc of Operator's obligations under this Agrcemcnt.
Operator shall not attcmpt to oversec or supervisc thc work or actions of any Pitkin
Counry employec, servant or agcnt in the course of completing work under this
Agrcement. Operator is not cntitled to any Workers' Compensation benefits through
Pitkin Counry and is re;ponsiblc for payment oP any fcderal, state, FICA and other
income taxes.
ll. Miscellaneous.
A. If any clause or provision of this Agreement shall be held to be
invalid in whole or in part, then the remaining clauses and provisions,or portions thereoP,
shall nevertheless be and remain in full force and effect.
B. No amendment, alteration, modification of or addition ro this
Agreement shall be valid or binding unless expressed in writing and signed by the parties
to be bound thereby.
C. The captions of each section are added as a matter of convenience
only and shall be considered of no effect in the construction of any provision of this
Agreement.
D. This Agrcement shall bc govcrncd by and intcrprcted in
accordance with the laws of the State of Colorado. Vcnue is agrecd to be exdusivcly in
thc courts of Pitkin County, Colorado.
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E. This Agreement shall be binding upon, and shall inure to the
bcnefit of, Operator, thc Counry, and thcir respcctivc succcssors and assigns.
F. Each of the parties hereby represents and warrants to the other
party that they have thc express authority and power to enter into this Agreement and to
grant the cascmcnts sct forth hcrcin. Further, the parties represent and warrant to the
othcr party that the individuals executing this Agreement on behalf of said party have the
unqualificd authorization and authority to cxccutc this Agrccmcnt and bind said party to
thc cxpress tcrn�s hcrcof.
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G. If eithcr .party �institutes legal proceedings with respect to this
Agrccment against the othcr;party,•the substantially prevailing party shall be entided to
court costs and reasonable attorneys' fees i�carrcd by such party or parties in connection
with such Icgal procecdings. Thc substantially prevailing party shall be determined, at
thc conclusion of any appeals, if any, by the entity beforc whom thc dispute was brought,
bascd upon an asscssmcnt of which party's major argumenfs or positions taken in the suit
or proceeding coutd fairly bc said to have prevailed over the other party's major
argumcnts or positions on major disputed issues, in thc final decision of the court or any
appcllatc court.
H. This Agreement, including all exhibits hereto, is intended as the
complete integration of all understandings behvee� the parties related to those matters set
forth herein.
I. All purchascs of construction or building.or any other materials in
conncction with this Agrccmcnt shall not include Federal Excise Taxes or Colorado State
or local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbcrs 98-02624 and 84-78000-SK.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day
and year set forth below.
OPERATOR:
WE-cycle,a Colorado nonprofit
corporation
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B y:'�'�11'��.,�7�-��
Name: Mir[e Mallory
Title: WE-cycle,Executive Director 5/28/13
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THE COUNTY:
Pitkin County,Colorado
MANAGER ROVAL: SEC PPROVAL: �
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Jon Peac <,County Manager Date ria Pettet, Public Works Director Date
REC MMENDED FOR APPROVAL:
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Gerald Fi mg,County Engineer Date '
e :
IF A NON-STANDARD/ADDITIONAL LANGUAGE IS ADDED:
7 (' �3 — �--�
John Ely,Coun t ney ate Kris Je� kes,Risk Management Date
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EXHIBIT A
Description of Stations
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Units Description
8 Kiosk pillar, solar
8 Dual tcchnical platform
63 Black Docking Point Cable
124 Black docking points
13 Ycllow cablc
4] Purple cablc
20 Tcrminator plug
Full description of components is available through the manufaclurer, Public Bike System
Company. Thc following is an abbrcviatcd version:
STATION
• Fully sclf-sufficient that scamlcssly iotegrates with all componcnts.
• Modular and portablc dcsigncd to fit small town surroundings.
• Uses solar power and wireless communications, eliminating dcpendence on telecom
cabling and clectrically grid conncctivity.
• Station-wide electrical requirements are powered by a constant supply from two batteries.
This cnsures that lack of sun for a certain period of time would not affect the PBSC
System and not compromise the contiimity of operations.
• Station is comprised of a teclmical platform on which docking points and a tcrmina] are
mounted. Because of the modularity of dic system, each station can casily be expanded to
mec�demand at any momen[,bu[ prepara[ory analyses carricd ou[join[ly by a
municipality and thc Public Bikc Systcm Company typicalty dictatc optimal station
configuration.
• Includcs:
• A wireless terminal where uscrs, subscribcrs and occasional ridcrs may carry out a
widc range of transactions.
• A variable number of docking poin[s where bicycles are securcd when not in use.
• All components are seamlessly integrated into the technical platform and easily
intercmmectcd("Plug and Play") without thc need for costly cxcavatio�� or prcparatory
work.
• As knowledge is gained regarding patterns of use,the stations may be relocated and
resizcd to accommodate fewer or morc bicycles within specific urban areas. At the same
timc, they may be reconfigured in a wide range of geometrics (L-shaped, U-shaped,
circular, ctc.)using a variable numbcr of docking poin[s.
TERMINAL
Station componcnt communications arc linked between the bicycles, the docking points and the
PBSC Con[rol Ccntec It is also the place where non-subscribers and occasional users such as
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tourists are ablc to sccurc a temporary membership so thcy too may usc thc bicycics. Tcrminal
can be set up to providc a widc range of additional scrviccs.
DOCKING POINT
• This is thc modulc where bicycles are parkcd and lockcd whcn no[ in use.
• Also whcre subscribcrs can check in and check out a bicycic by simply inserting a PBSC-
kcy or smar[card in thc reader. This unique fcature allows multiple users to pick up and
return bicycics concurrendy.
• Systcm cnablcs multiple users to simultancously sccurc or rcturn a bicycle during rush
hours and at busy locations.
• Docking points fcature all the characteristics needed to make the system adaptable to
changing nccds:
➢ Uniform "Plug ai�d Play"modules enablc an casy fit into the technical platform.
➢ Madc from aluminum—resistant to corrosion.
➢ Easy lo rcmove, replace and repair.
➢ Virtually no downtime.
➢ Simple and casy-to-use interface.
➢ Front-cnd protector that also serves as a� anti-dicft mcchanism.
➢ Breakdowns may be reported directly from the bike docking point.
TECHNICAL PLATFORM
This is thc physical support onto which docking points and tcrminals arc mounted. As such, it is
the base and hub for all clectro��ic communications betwccn a docking point and the terminal. Its
uniquc modular dcsign makes the station truly flexible:
➢ The same base is used to mount the termi�al or docking point.
➢ Its"Drop and Go"design makes the station completcly portable. This makes the
PBSCSystem capable of accommodating specia] cvents, such as festivals and other events, in
a matter of days.
➢ Uniform modulcs enable"Plug and Play"expansions of the system.
➢ No construction, cxcavation, or site preparation is necded; no damage is done to the area
wherc pavements arc placcd. In turn,this means thc stations aro easy to install, maintain,
relocatc or evcn rcmove.
HIGH-1'ECH COMMUNICATION FEATURES
The PBSC Systcm uscs a variety of communication tcchnobgics throughout
• Bicycles signal thcir presencc in a secured docking point via an RFID chip embedded
within thc bicycle.
• Thc docking points are all daisy-chained to each other and to the tcrminal using RS485
cablc.
• A large numbcr of docking points can casily bc connceted to the terminal and linked to
the central system by a GPRS link.
• The Key/Smar[card are an ItFID-embedded.
The County understands and agrees that all additional componcnts and services associated with a
bike sharing systcm,not listed herein, shall be owned and maintained by WE-cycle in accordance
with manufacturer standards.
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TECHNICAI. DRAWING OF STATION COMPONENTS
IIB.11 395� II.0) I]80
IJ0.ro1 1160,31 1301 61 H54.11
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1838.31
voar
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11191.51
I11.]S 16.95
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EXHIBIT B
Locations
2013
• Smuggler Mountain Parking Lot �
Potential Future Locations
• Pitkin County AirpordSardy Field
• Aspe� Airport Business Center
• Buttermilk Ski Area
• East Aspen
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EXHIBIT C
Sponsorship Opportunities
PRESENTING SPONSOR:
Company brand
on all bikes in system, � ;y,� ' „
both side panels % � '
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MAP SPONSOR: , ;�- �` �� ;:
Company message �
one side of system ;� �;. ° . . _;
maps s �; � ��!.
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°"' � _ ,�'� BIKE SPONSOR: HANDLEBAR SPONSOR:
* : Company brand Company brand/message on
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EXHIBIT D
Form of Revocable Right of Way Permit
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EXHIBIT E
Insurance Requirements
Contractor shall providc covcragc with limits of liability not Icss than thosc statcd bclow.
An umbrella and/or excess liability policy may be used to meet thc minimum liability
requiremcnts provided that the coverage is written on a "following form"basis.
1. Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waivcr of subrogation against thc County.
b. This requirement shall not apply whcn a contractor or
subcontractor is cxcmpt undcr Colorado Workcrs' Compcnsation Act.,
AND when such contractor or subcontractor cxccutcs thc appropriatc
solc proprietor waiver form.
Minimum Limits:
Coverage A (Workcrs' Compcnsation) Statutory
Covcragc B (Employcrs Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability—iS0 I CG 0001 form or cquivalcnt
(With Coun[y named addilional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggrcgate $ 2,000,000
EachOccurrenceLimit $ 1,000,000
PersonaUAdvertising Injury $ 1,000,000
Covcrage to include:
• Premises and Operations
• Explosions, Collapse and Undcrground Hazards
• Personal/Advertising Injury
• Products/ Completed Operations
• Liability assumed under an Insurcd Contract (including defense costs assumed under
contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregatc Limit, 1S0 CG
2503 (1997 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO
Form 2010 (2004 Fdition or equivalent)
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• Additional lnsured—Owncrs, Lcssees or Contractors Endorscment, ISO
CG 2037 (2004 Edition or cquivalent)
• The policy shall bc cndorscd to include thc following additional insurcd
language on the Additional Insured �ndorsemenfs specified above:
"County, its subsidiary, parcnt, associated and/or affiliatcd cntitics,
succcssors, or assigns, its clected officials, trustees, employees, agcnts, and
volunteers named as an additional insurcd with respect to liability and
dcfcnsc of suits arising out of thc activitics performed by, or on bchalf of
the Contractor, including complcted operations".
3. Auto Liability: Bodily injury and property damage for any owncd,
I hired, and non- owned vehicles uscd in thc performance of this Contract.
Minimum Limits:
Bodil ln'u /Pro crt Dama�e Each Accident 1 000 000
Y J rY P Y b � ) $ , ,
4. Special Coveragcs (check as appropriate and i�asert amou�rl):
❑(1)Perfonnancc Bond $
❑Labor and Matcrial $
❑Paymcnt Bond $
❑ (2)Professional Errors and Omissions
❑(3)Aircraft Liability
❑(4)Owner's Protcctivc
- ❑(5)Builder's Risk
❑(6)Boiler and Machincry
❑ (7)Loss of Usc]nsurancc
❑(8) Pollution Liability
❑(9) Crime, including Gmployee Dishoncsty Coverage, or Fidclity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurancc provisions of this
Contract shall providc thc requircd coverage and shall not bc suspcndcd, voided
or canceled except afrcr thirty (30) days prior writtcn notice has bcen given to the
County, except when cancellation is for non-payment of premium, then ten (10)
days prior noticc may bc given. Such noticc shall bc scnt dircctly to (Counry
Rcprescntativc's Name & Address). lf the insurance carrier will not providc thc
required notice, the Consultant/Contractor and or its insurancc broker shall notify
the County of any cauccllation, or rcduction in coverage or limits of a�y insurance
within seven (7) days of reccipt of insurers' notification to that cffect.
Simultaneously with thc Ccrtificatcs of Insurancc, the Contractor shall filc with the
Procurcment Officer a certified statcment as to claims pending against thc rcquired
coverages, reservcs cstablished on account of such claims, defense costs cxpended
and amounts remaining on policy limits.
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2. In addition, these Certificates of Insurance shall contain thc
following clauscs:
a. The contractor's insurancc shall bc primary and non-
contributory with any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies
hcrcwidcr shall have no recourse against thc County oP Pitkin for payment of
any premiums or for assessments under any forni of pplicy.
c. Any and all deductibles or sclf insured retentions in the
abovc-dcscribed insurance policies shall bc assumcd by and be for the
amount of and at the sole expense of tl�e Contractor.
d. Location of operations shall bc: "all operations and locations
at which work for the referenced Project is being dona"
3. Ccrtificates oPlnsurance for all rencwal policics shall be delivered to
thc County's Rcpresentative at least fifreen (15) days prior to a policy's expiration
datc cxccpt for any policy expiring on the expiration datc of this contract or there-
after.
4. The County reserves the right to request and receive a copy of any policy and any
policy endorsement at any time during the term of this contract. .
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