HomeMy WebLinkAboutbocc.con.291.2013 Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 291-2013
ORIGINATING DEPARTMENT: Open Space and Trails
PROCUREMENT OFFICER: Gary Tennenbaum PHONE#: 5355
PROJECT NAME: Upper Roaring Fork Valley Trails & Deadline Trail Design &Construction ,
CONTRACTOR: Progressive Trail Design
• DOLLAR AMOUNT: $92,000.00 LINE ITEM# 118.58.02533.86120(Aeadl i nc 6) sbk)
-,,c Cpper PP-fait-rvJl6@ 36,K)
CONTRACT EXECUTION'DATE: 11/18/2013 CONTRACT END DATE: 8/31/2014
AUTOMATIC RENEWAL: ❑ YES N NO TERM: less than 1 year
❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
N OVER $50,000(Requires Section Leader&County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ❑ Informal ❑ Formal N Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance ❑ Employment
❑ License/Use • ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
N Construction ❑ Quasi-Public(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 have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ N No Pages Missing ✓N All Other Blanks Filled In
✓ N If Page Left Intentionally Blank—Note on Page IN All Exhibits Attached
✓ N Page numbered consecutively ✓❑ All Legal Descriptions attached (if applicable)
✓ N All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached(if applicable)
✓ N All Dates Filled In IN Warranty (if applicable) ,I
✓ N Special Instructions for Finance Department: Progress Payments/Performance Bond @:1-ku K.
✓ N Authorized Procurement Officer's Name: Gary Tennenbaum
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
Contract#291-2013
Budget Line Item# 118.58.02533.86120 and 118.57.02534.82000
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: 12/9/13
FROM: Gary Tennenbaum
Proposed Contractor: Progressive Trail Designs Product/Service: Upper Roaring Fork Trails Plan
and Deadline Trail
Estimate expenditure for the above construction service: $ 92,000 _
• This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain: Progressive Trails Designs completed the construction of the Airline and Cozyline Trail. During that
construction they put the County in touch with the Walton Foundation to obtain grants to
construct the Deadline Trail and The Upper Roaring Fork Trails Plan. They secured a 50% match
on these projects which will be split with the City of Aspen and Town of Snowmass Village.
Since Progressive Trail Designs secured this funding and did an excellent job building the
Airline and Cozyline Trail we would like to use them to design and build the Deadline Trail and
facilitate the Upper Roaring Fork Valley Trails Plan.
The undersigned requests that Pitkin County waive of e rocurem- requirements and recognize this
transaction as a sole source exception to the Pitkin Co my ure , - Cede.
Departme t Head Date Section Head D6te
Approved G'' Denied Reason for Denial:
-1 ------ a/121 >(_? .
Jon Peacock, County Manager Date
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Contract#291-2013
Budget Line Item# 118.58.02533.86120 and 118.57.02534.82000
411 1TKIN
COFNTII
cJi - ENg
PITKIN COUNTY CONSTRUCTION CONTRACT
UPPER ROARING FORK VALLEY TRAILS PLAN AND DEADLINE TRAIL DESIGN'
AND CONSTRCUTION
THIS CONTRACT, made this 18 day of November 2013, by and between the Board
of County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and
Progressive Trail Designs (hereinafter called the "Contractor") to perform the following work:
Upper Roaring Fork Valley Trails Plan and Deadline Trail Design and Constrcution ("Project").
Term of Contract. The term of this contract is from November 18, 2013 to August 31,
2014.
II. Scope of Work and Work Schedule.
Upper Roaring Fork Trails Plan-See Attachment A
Cost $36,000
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Deadline Trail Design and Construction
Cost $56,000 Construct approximately 2.5 miles
1. Ce,rat.act 2.5 ...:L of 48" natural surface, non-motorized singletrack trail. The
County, Town of Snowmass Village, and City of Aspen are looking for a turnkey
product that is completely finished and meets the International Mountain Biking
Associations Trail Solutions standards.
2. Proposers shall exercise care to preserve the natural landscape, including trees and
shrubs, and prevent any unnecessary destruction, scarring, or defacing of the
natural surroundings. All cut vegetation shall be removed at least 10' from the
trail corridor and spread to not create piles over 3'. All unnecessary damage to
the surrounding landscape shall be repaired, replanted, or reseeded as directed by
the County.
3. The trail alignment will be designed by contractor with input from County, Town
of Snowmass Village, and City of Aspen staff and community input.
4. The trail will be mountain bike optimized with built berms on all turns and
provide optimum flow.
5. The finished platform will be ready to use, 4' or less in width, provide for water
drainage in a natural and sustainable manner, and all spoils spread to allow faster
revegetation and minimize visual impact.
6. All living trees over 6" DBH should be avoided if possible. The County will need
to approve all removals of trees over 6" DBH. Tree stumps in trail tread shall be
removed.
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7. Access to the site is available through the existing roads off of Highline Road
through the Snowmass Chapel Cemetery and off of Owl Creek Road on Jack
Rabbit Communications Road.
Complete all work by August 31, 2014.
III. Payment. The County agrees to pay, and the Contractor agrees to accept, in full payment
for the performance of this Contract, the total price not to exceed Ninety Six Thousand Dollars
($92,000) in accordance with this Contract, subject to increase or decrease in accordance with
the provisions of this Contract; but any payment by the County may be offset by any amount the
Contractor owes the County for any reason.
A. Payment Procedures.
1. Contractor shall submit applications for payment every 15 days for
work done to date.
2. Progress payments.
a. County shall make progress payments, within thirty (30) days of
County's approval of Contractor's pay request.
b. If Contractor is satisfactorily performing this Contract, progress
payments shall be in an amount equal to ninety percent (90%) of the calculated
value of any Project work completed, less the aggregate of payments previously
made until fifty percent (50%) of the Project work required by this Contract has
been performed. Thereafter, County shall pay all remaining progress payments
and maintain only existing retainage if, in the opinion of the Procurement Officer
and County, satisfactory progress is being made on the Project. If, in the opinion
of the Procurement Officer and County, satisfactory progress is not being made
on the Project, or if claims are filed under Section 38-26-107, Colorado Revised
Statutes, as amended, County may retain such additional amounts as County may
deem necessary to assure completion of the Project or to pay such claims and any
Procurement Officer's and attorney's fees reasonably incurred or to be incurred
by County in defending or handling such claims. The withheld percentage of the
Contract Price shall be retained until the Project is completed satisfactorily and
finally accepted by County.in accordance with the provisions of this Contract.
Progress payments shall not constitute final acceptance of the Project.
B. County shall make final payment, including release of retainage, to Contractor in
accordance with this Contract and Section 38-26-107, C.R.S. and Section 24-91-103, C.R.S., as
amended.
IV. Contractor's Obligations.
A. Supervision and Superintendence.
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1. The Contractor shall supervise and direct the Project competently and
efficiently devoting such attention thereto and applying such skills and expertise as may
be necessary to perform the Project in accordance with this Contract. The Contractor
shall be solely responsible for the means, methods, techniques, sequences and procedures
of construction. The Contractor shall be responsible to see that the finished Project
complies accurately with this Contract.
2. The Contractor shall appoint and identify to the County and Procurement
Officer, a competent on-site superintendent to be kept on the Project at all times during
its progress and who shall not be replaced without written notice to the County and the
Procurement Officer except under extraordinary circumstances. The superintendent will
be the Contractor's representative at the site and shall have authority to act on behalf of
the Contractor. All communications given to the superintendent shall be as binding as if
given to the Contractor.
B. Subcontractors, Suppliers and Others.
1. The Contractor shall not employ any subcontractor, supplier or other
person or organization (including those acceptable to the County and the Procurement
Officer, whether initially or as a substitute) against whom the County or the Procurement
Officer may have reasonable objection.
2. The identity of subcontractors, suppliers or other persons or organizations
including those who are to furnish the principal items of materials and equipment must be
submitted to the County in advance of any work performed or materials supplied under
this Contract for acceptance by the County and the Procurement Officer. No acceptance
by the County or the Procurement Officer of any such subcontractor, supplier or other
person or organization shall constitute a waiver of any right of the County or the
Procurement Officer to reject defective Project work.
3. The Contractor shall be fully responsible to the County and the
Procurement Officer for all acts and omissions of the subcontractors, suppliers and other
persons and organizations performing or furnishing any of the Project work under a direct
or indirect Contract with Contractor just as Contractor is responsible for Contractor's own
acts and omissions. Nothing in this Contract shall create any Contractual relationship
between the County or the Procurement Officer and any such subcontractor, supplier or
other person or organization, nor shall it create any obligation on the part of the County
or the Procurement Officer to pay or to see to the payment of any moneys due any such
subcontractor, supplier or other person or organization except as may otherwise be
required by laws and regulations.
•
4. All Project work performed for Contractor by a subcontractor will be
pursuant to an appropriate Contract between the Contractor and the subcontractor which
specifically binds the subcontractor to the applicable terms and conditions of this
Contract for the benefit of the County and the Procurement Officer.
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C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties
and assume all costs incident to their use in the performance of the Project or the incorporation in
the Project of any invention, design, process, product or device which is the subject of patent
rights or copyrights held by others. Contractor shall indemnify and hold harmless the County
and the Procurement Officer and anyone directly or indirectly employed by either of them from
and against all claims, damages, losses and expenses (including attorney's fees and court costs)
arising out of any infringement of patent rights or copyrights incidental to the use in the
performance of the Project or resulting from the product or device not specified in this Contract,
and shall defend all such claims in connection with any alleged infringement of such rights.
D. Permits. The County has secured all permits associated with this project. The
Contractor shall pay all charges of utilities for connections to the Project, and the County shall
pay all charges of such utility owners for capital costs related thereto such as plant investment
fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply
with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing
and performance of the Project including rules, regulations, and ordinances the County
promulgates at any time. Except where otherwise expressly required by applicable laws and
regulations, neither the County nor the Procurement Officer shall be responsible for monitoring
the Contractor's compliance with any Laws or Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax
may not apply to materials purchased by the County. The Contract price shall include all other
federal, state, and/or local direct or indirect taxes, which do apply. The Contract price shall include
the cost of compliance with all other Federal Laws and Regulations at no additional cost to the
County (except as provided in this Contract). The Contractor shall not be reimbursed separately for
any taxes, which may apply except as provided in this Contract, and the Contractor shall be
responsible for all taxes, which may apply. The County is tax exempt from Federal Excise Tax and
Colorado State or local sales or use taxes. The Contractor and its subcontractors shall apply to the
Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or
subcontractor's purchase of construction material or building materials is for use in a building,
structure, or other public work owned and used by the County.
G. Use of Premises.
1. The Contractor shall confine construction equipment, the storage of
materials and equipment and the operations of workers to the Project site and land and
areas permitted by this Contract, law, ordinances, and permits. The Contractor shall
assume full responsibility for any damage to any such land or area, or to the County or
occupant thereof or of any land or areas contiguous thereto, resulting from the
performance of the Project. Should any claim be made against the County or the
Procurement Officer by any such owner or occupant because of the performance of the
Project, Contractor shall promptly settle with such other party. The Contractor shall, to
the fullest extent permitted by Laws and Regulations, indemnify and hold the County
harmless from and against all claims, damages, losses and expenses (including, but not
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limited to, fees of engineers, architects, attorneys and other professionals and court costs)
arising directly, indirectly or consequentially out of any action, legal or equitable,
brought by any such other party against the County or the Procurement Officer to the
extent based on a claim arising out of the Contractor's performance of the Project.
2. During the progress of the Project, the Contractor shall keep the premises
free from accumulations of waste materials, rubbish and other debris resulting from the
Project. At the completion of the Project, the Contractor shall remove all waste
materials, rubbish and debris from and about the premises as well as all tools, appliances,
construction equipment and machinery, temporary structures, stumps or portions of trees,
and surplus materials, and shall leave the site clean and ready for occupancy by the
County. The Contractor shall restore to original condition all property not designated for
alteration by this Contract.
3. The Contractor shall not load or permit any. part of any structure to be
loaded in any manner that will endanger the structure, nor shall the Contractor subject
any part of the Project or adjacent property to stresses or pressures.that will endanger it.
H. .Safety and Protection.
1. The Contractor shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project. The
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
a. All employees in the Project area and other persons and
organizations who may be affected thereby;
b. All the Project materials and equipment to be incorporated therein,
•
whether in storage on or off the site; and
c. Other property at the site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, road-ways, structures, utilities and underground
facilities not designated for removal, relocation or replacement in the course of
construction.
The Contractor shall be required to assume sole and complete responsibility for
job site conditions during the course of construction of the Project, including the safety of
all persons who may enter on the job site for any reason and the security of all property
located on the job site. This requirement shall apply at all times during the courses of the
Contract and not only to normal Project work hours.
2. The Contractor shall at all times conduct the Project in such manner as
will incur the least practicable interference with traffic and existing utility systems. No
section of any road shall be closed to the public, nor any utility system put out of service
except after permission, has been granted by the Procurement Officer. Each item of the
Project shall be prosecuted to completion without delay and in no instance will the
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Contractor be permitted to transfer its forces from an uncompleted Project to a new
Project without prior written notification of the Contractor to the Procurement Officer.
Unless this Contract specifically provides for the closing to traffic of any local
road or highway while construction is in progress, such road or highway shall be kept
open to all traffic by the Contractor. The Contractor shall also provide and maintain in a
safe condition temporary approaches, crossings, or intersections with roads and
highways. The Contractor shall bear all expense of maintaining traffic over the section of
road affected by the Project to be done under this Contract, and of constructing and
maintaining such approaches, crossing, intersections and any necessary features without
direct compensation, except as otherwise provided.
The Contractor shall provide, erect and maintain all necessary barricades, signs,
danger signals and lights to protect the Project and the safety of the public. The
Contractor's responsibility for necessary barricades, signs, and lights shall not cease until
the Project has been accepted.
I. Shop Drawings and Samples.
1. After checking and verifying all field measurements and after complying
with applicable procedures specified in this Contract, the Contractor shall submit to the
Procurement Officer for review and approval in accordance with the approved schedule
of shop drawing submissions, three (3) copies (unless otherwise specified) of all shop
drawings, which will bear a stamp or specific written indication that the Contractor has
satisfied the Contractor's responsibilities under this Contract with respect to the review of
the submission. All submissions will be identified as the Procurement Officer may
require. The data shown on the shop drawings will be complete with respect to
quantities, dimensions, specified performance and design criteria, materials and similar
data to enable the Procurement Officer to review the information as required.
2. The Contractor shall also submit to the Procurement Officer for review
and approval with such promptness as to cause no delay in Project, all samples required
by this Contract. All samples will have been checked by and accompanied by a specific
written indication that the Contractor has satisfied the Contractor's responsibilities under
this Contract with respect to the review of the submission and will be identified clearly as
to material, supplier, pertinent data such as catalog numbers and the use for which
intended.
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3. Before submission of each shop drawing or sample, the Contractor shall
have determined and verified all quantities, dimensions, specified performance criteria,
installation requirements, materials, catalog numbers and similar data with respect
thereto; and reviewed or coordinated each shop drawing or sample with other shop
drawings and samples and with the requirements of the Project and this Contract.
4. At the time of each submission, the Contractor shall give the Procurement
Officer specific written notice of each variation that the shop drawings or samples may
have from the requirements of this Contract, and, in addition, shall cause a specific
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notation to be made on each shop drawing submitted to the Procurement Officer for
review and approval of each such variation.
5. Where a shop drawing or sample is required by the specifications, no
related Project work shall be commenced prior to the Procurement Officer's review and
approval of the shop drawing or samples.
6. The cost of furnishing all shop drawings and samples shall be borne by
Contractor.
V. • • • I.
A. Contractor shall fu ••sh a performance . d payment bond in the amo t of one
half of the total Contract value . all Contracts over :; 0,000, as required by C.R.S 38-26-105,
et seq. All Bonds shall be i• the form acceptabl: o the County. All Bonds sit ed by an agent
must be accompanied by . certified copy of th- .uthority to act.
B. If e surety on any Bo.: furnished by Contractor is declared bankrupt or
becomes insol -nt or its right to do b :mess is terminated in any ate or it ceases to meet the
requireme : of paragraph A of t ' Section, Contractor shall , ithin five (5) days thereafter
substitut• another Bond and Sur- both of which must be acc.•table to the County.
VI. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any
jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as
indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss,
damage, expense, cost or claims of any character or any nature arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor
will be responsible for primary loss investigation, defense and judgment costs where this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
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B. The Contractor further shall investigate, process, respond to, adjust, provide defense
for and defend, pay or settle all claims;demands, or lawsuits related hereto at its sole expense and
shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is
groundless, false or fraudulent.
VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may arise
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from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way
limit the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to protect
the Contractor from liabilities that might arise out of the performance of the work under this
Contract by the Contractor, its agents, representatives, employees, or subcontractors. The
Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/or broader coverages. The Contractor is not relieved of any liability or other •
obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types.
A. Coverage and Limits of Insurance:
Contractor shall provide coverage with limits of liability not less than those stated below. An
umbrella and/or excess liability policy may be used to meet the minimum liability requirements
provided that the coverage is written on a "following form" basis.
1. Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or
subcontractor is exempt under Colorado Workers' Compensation Act.,
AND when such contractor or subcontractor executes the appropriate
sole proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability—ISO 1 CG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage(Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
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• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal /Advertising Injury
• Products / Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed
under contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503
(1997 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form
2010 (2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and
non-owned vehicles used in the performance of this Contract.
Minimum Limits:
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
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n (1) Performance Bond $
❑ Labor and Material $
n Payment Bond $
❑ (2)Professional Errors and Omissions
❑ (3)Aircraft Liability
❑ (4) Owner's Protective
n (5) Builder's Risk
n (6) Boiler and Machinery
❑ (7) Loss of Use Insurance
❑ (8) Pollution Liability
n (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended, voided or
canceled except after thirty (30) days prior written notice has been given to the County,
except when cancellation is for non-payment of premium, then ten (10) days prior notice
may be given. Such notice shall be sent directly to (County Representative's Name &
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Address). If the insurance carrier will not provide the required notice, the
Consultant/Contractor and or its insurance broker shall notify the County of any
cancellation, or reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
Procurement Officer a certified statement as to claims pending against the required
coverages, reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
2. In addition, these Certificates of Insurance shall contain the following clauses:
a. The contractor's insurance shall be primary and non-contributory
with any insurance or self insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder
shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self insured retentions in the above-
described insurance policies shall be assumed by and be for the amount of,
and at the sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations at
which work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15)days prior to a policy's expiration date except
for any policy expiring on the expiration date of this contract or thereafter.
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.
VIII. Exemptions and Preferences.
A. All purchases of construction or building or any other materials for any Contract
shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin
County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall
be employed to perform the Project to the extent of not less than eighty percent (80%) of each
type or class of labor employed on such project; except for highway construction, which is
subject to C.R.S. § 43-2-208, which provides that all laborers shall be bona fide residents of
Colorado with a preference to residents of the County where the Project is performed.
IX. Protection and Restoration of Property and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
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1. The Contractor shall be responsible for the preservation of all public and
private property and shall carefully protect from disturbance or damage all land and
property, as well as any monuments and property marks until the Procurement Officer
' has witnessed or otherwise referenced their•location and shall not remove them until
directed.
2. The Contractor shall be responsible for all damage or injury to property of
any character, during the prosecution of the Project, resulting from any act, omission,
•
neglect, or misconduct in its manner or method of executing the Project, or at any time
due to defective Project work or materials, and said responsibility shall not be released
until the project shall have been completed and accepted.
3. When or where any direct or indirect damage or injury is done to public or
private property by or on account of any act, omission, neglect, or misconduct by the
Contractor in the execution of the Project, or in consequence of the non-execution thereof
by the Contractor, it shall restore, at its own expense, such property to a condition similar
or equal to that existing before such damage or injury was done, by repairing, rebuilding,
or otherwise restoring as may be directed, or it shall make good such damage or injury in
an acceptable manner.
4. Materials storage, equipment parking, vehicle parking and stockpiling
excavated materials shall be allowed only in those areas designated by the Procurement
Officer.
5. If the Contractor disturbs any of the landscape not called for removal, it
shall restore those areas as directed by the Procurement Officer at the Contractor's
expense.
B. Hazardous Materials
1. The County shall not be responsible for the cost of and the removal or
cleanup of Hazardous Materials found in any materials brought to the Project site, after
the Project site is turned over to the Contractor.
2. The Contractor shall provide the Procurement Officer with a written
certification each time materials or equipment is brought onto the Project site that such
materials or equipment do not contain Hazardous Materials.
X. County Work at the Protect Site.
A. The County may perform other work related to the Project at the site by the
County's own forces, have other work performed by utility owners or let other direct contracts
therefor which shall contain terms similar to these. The Contractor shall perform and coordinate
its activities with other contractors to avoid conflict and minimize disruptions.
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B. The Contractor shall afford each utility owner and other contractor who is a party
to such a direct contract (or the County if the County is performing the additional work with the
County's employees) proper and safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such work, and shall
properly connect and coordinate the work with theirs. The Contractor shall do all cutting, fitting
and patching of the Project that may be required to make its several parts come together properly
and integrate with such other work. The Contractor shall not endanger any work of others by
cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of Procurement Officer and the others whose work will be affected. The duties
and responsibilities of Contractor under this paragraph are for the benefit of such utility owners
and other contractors to the extent that there are comparable provisions for the benefit of the
Contractor in said direct contracts between the County and such utility owners and other
contractors.
C. If any part of the Contractor's Project depends for proper execution or results
upon the work of any such other contractor or utility owner (or the County), the Contractor shall
inspect and promptly report to the Procurement Officer in writing any delays, defects or
deficiencies in such work that render it unavailable or unsuitable for such proper execution and
results. The Contractor's failure to report such conditions will constitute an acceptance of the
other work as fit and proper for integration with the Contractor's Project except for latent or non-
apparent defects and deficiencies in the other work.
XI. Changes in the Project and Use of Change Orders.
A. The County may, from time to time, request changes in the scope of services of
the Contractor to be performed hereunder.
1. The Procurement Officer shall issue a notice informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price proposal and
adjusted schedule of work. The Contractor shall submit a priced proposal for performing
the proposed change in the Project within five (5) days of notice or such other time
acceptable to both parties. When the Contractor and the County reach agreement on the
adjustments to the Contract price and/or Contract time, and changes in the Project, such
adjustments shall be promptly recorded in an executed Change Order.
B. All Contractor initiated change requests shall be submitted to the County and the
•
Procurement Officer in a letter or written notice with the reference notation "Contractor Change
Request". If the Contractor: (i) receives any oral or written instructions, directives or
interpretations of Contract Documents, or determinations from the Procurement Officer or, (ii)
identifies what it believes are design errors or omissions in the Contract Drawings or
Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of
the Project; or, (v) becomes aware of any other matter or circumstance which it believes would
require a change in the Contract Price or Contract Time, the Contractor shall give the
Procurement Officer prompt written notice of such matters.
1. All Contractor change requests shall be dated, numbered sequentially, and
shall describe the action or event which the Contractor believes may require an extension
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in time, price or other modification. The Contractor shall also provide descriptions of
possible Contractor actions or solutions to minimize the cost of the Contractor change
request and, provide an estimate of the adjustment in the Contract price and/or Contract
time, which it believes is appropriate.
2. Contractor Time Requirements.
a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this
Contract, a Contractor change request shall be submitted before the
Contractor acts on them, but in no event more than ten (10) consecutive
calendar days after they were received or discovered.
b. With respect to any differing site conditions, a Contractor change
request shall be submitted before the conditions are disturbed, but in no
event more than ten (10) consecutive calendar days after the conditions are
first discovered.
c. With respect to delays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the delay, but in no
event more than ten (10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the Contractor
believes would require a change, including delays, a Contractor change
request shall be submitted as soon as the Contractor has knowledge of the
matter or circumstance, but in no event more than ten (10) consecutive
calendar days after the Contractor becomes aware of such circumstance or
matter.
3. Submittal Requirements and Waiver of Claims
a. If the Contractor does not submit a Contractor change request
within the time required above, any action by the Contractor related to
such order, direction, instruction, interpretation, determination, design
error or omission, or other matter, including delays or differing site
•
conditions, will not be considered by the County as a change to the Project
and the Contractor waives any claim for an adjustment on the Contract
price or the Contract time.
b. The Contractor shall, at the time a Contractor change request is
submitted provide the Procurement Officer with a complete and itemized
proposal of Contract price and time adjustments. The proposal shall also
contain a detailed explanation, citing all applicable provisions in this
Contract, which supports the Contractor change request. If the Contractor
does not submit its itemized proposal within the time described above or
within such extension, which the Procurement Officer, in his/her
discretion may have granted in writing, it waives any claim for an
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adjustment in the Contract price or Contract time arising out of the act or
event described in the Contract change request.
c. If a Contractor change request is denied by the Procurement
Officer, in whole or in part, any claim for an increase in the Contract price
or Contract time arising out of the act or event described in the Contractor
change request is waived unless the Contractor timely complied with the
provisions of paragraphs 2(a-d) of this Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Project Work.
A. Warranty.
1. The Contractor warrants and guarantees to the County that all Project work,
whether supplied, furnished, installed, provided, or performed by Contractor, a
subcontractor, or supplier, will be in accordance with this Contract and will not be defective
and that all Project work shall be performed in a skillful and workmanlike manner.
Additionally, the Contractor shall warrant that all equipment which is incorporated into the
Project or any subsystem shall be new, free from liens and defects in design, have clear title,
be free from faulty materials and workmanship, and shall conform in all aspects to the terms
of this Contract, to the drawings issued for manufacture by the Contractor, and shall be in
conformance with the those technical specifications provided in Section II (Scope of Work)
of this Contract and Contractor's Proposal. Except where longer periods of warranty are
indicated for certain items, Contractor warrants Project work, whether furnished, installed,
provided, performed or supplied by Contractor, a subcontractor or supplier, to be free from
faulty materials and workmanship and that each piece of equipment or any part thereof
incorporated into the Project or any subsystem shall conform to the aforementioned
warranty and guarantee provisions and be free from failure for a period of not less than I
year from date of Final Payment.
2. With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Project work performed and materials furnished under the
Contract, the Contractor shall:
a. Obtain all warranties that would be given in normal commercial
practice. To the extent that the subcontractor's, manufacturer's, or supplier's,
standard warranty exceeds the minimum County requirements as set forth in
this Section or elsewhere in this Contract, the subcontractor's,
manufacturer's, or supplier's standard warranty shall apply.
b. Require all warranties to be executed, in writing, for the benefit of
the County, if directed by the Procurement Officer;or
c. Enforce all warranties for the benefit of the County, if directed by the
Procurement Officer.
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d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Project. The Procurement Officer and the Procurement Officer's
representatives, other representatives of the County, testing agencies and governmental agencies
with jurisdictional interests shall have access to the Project, at any time for their observation,
inspecting and testing. Contractor shall provide proper and safe conditions for such access.
C. Tests and Inspections.
1. The Contractor shall cooperate with material testing persons and firms, and
for required inspections, and compliance and approval tests for the work performed by the
Contractor or its subcontractor.
2. If any laws, ordinances, rules, regulations, code or order of any public body
having jurisdiction requires any Project work (or part thereof) to specifically be inspected,
tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish the Procurement Officer the required certificates of
inspection, testing or approval. The Contractor shall also be responsible for and shall pay all
costs in connection with any inspection or re-testing required in connection with the
County's or the Procurement Officer's acceptance of a supplier of materials or equipment
proposed to be incorporated in the Project, or of materials or equipment submitted for
approval prior to the Contractor's purchase thereof for incorporation in the Project. The cost
of all inspections, testing, re-testing and approvals in addition to the above which are
required by this Contract shall be paid by the Contractor (unless otherwise specified). The
County will conduct and pay for the conformance tests on materials installed in-place, and
the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter.
3. All inspections, tests or approvals other than those required by laws,
ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be
performed by organizations acceptable to the Procurement Officer.
4. If any Project work (including the work of others) that is to be inspected,
tested or approved is covered without written concurrence of the Procurement Officer, it
must be uncovered for observation. Such uncovering and testing when required by the
Procurement Officer shall be at the Contractor's expense.
5. Neither observations by the Procurement Officer nor inspections, tests or
approvals by others shall relieve the Contractor from the Contractor's obligations to perform
the Project in accordance with this Contract.
D. Correction or Removal of Defective Work. If required by the Procurement Officer
or the County, the Contractor shall promptly, as directed, either correct all defective Project work,
whether or not fabricated, installed or completed, or, if the Project work has been rejected by the
Procurement Officer or the County, remove it from the site and replace it with non-defective Project
work. The Contractor shall bear all direct, indirect and consequential costs of such correction or
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removal (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) made necessary thereby.
E. Correction Period. If within two (2) years after the date of Final Payment or such
longer period of time as may be prescribed by laws or by the terms of any applicable special
guarantee required by the Contract Documents or by any specific provision of the Contract
Documents, any Project work is found to be defective, the Contractor shall promptly without cost to
County and in accordance with County's written instructions, either correct such defective Project
work, or, if it has been rejected by County, remove it from the site and replace it with non-defective
Project work. If the Contractor does not promptly(within seven (7) days from receipt)comply with
the terms of such instructions, or in an emergency where delay would cause serious risk of loss or
damage, the County may have the defective Project work corrected or the rejected Project work
removed and replaced, and all direct, indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to
other Project work, other property, or person, which occurred as a result of the defective Project
work.
F. County May Correct Defective Work. If the Contractor fails within ten (10)
consecutive calendar days after written notice of the Procurement Officer or the County to proceed
to correct and to correct defective Project work or to remove and replace rejected Project work as
required by the Procurement Officer or the County in accordance with paragraph D of this Section,
or if the Contractor fails to perform the Project work in accordance with the Contract Documents, or
if the Contractor fails to comply with any other provision of the Contract Documents,the County
may, after seven (7) days' written notice to the Contractor, correct and remedy any such deficiency.
In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to
the extent necessary to complete corrective and remedial action. The County may exclude the
Contractor from all or part of the site, take possession of all or part of the Project, and suspend the
Contractor's services related thereto, take possession of the Contractor's tools, appliances,
construction equipment and machinery at the site and incorporate in the Project all materials and
equipment stored at the site or for which the County has paid the Contractor but which are stored
elsewhere. The Contractor shall allow the County, the County's representatives, agents and
employees such access to the site as may be necessary to enable the County to exercise the rights
and remedies under this paragraph. All direct, indirect and consequential costs of the County in
exercising such rights and remedies will be charged against the Contractor, and a Change Order will
be issued by the County incorporating the necessary revisions in the Contract price. Such direct,
indirect and consequential costs will include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and replacement
of work of others destroyed or damaged by correction, removal or replacement of the Contractor's
defective Project work. The Contractor shall not be allowed an extension of the Contract time
because of any delay in performance of the Project work attributable to the exercise by the County
of the County's rights and remedies hereunder.
XIII. Liquidated Damages. It is the County's intent to complete this project no later than
August 31, 2014.
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•
A. Time for Completion. It is hereby understood and mutually agreed,by and between
the Contractor and the County, that the date of beginning Project work and the time of completion
as specified herein are essential conditions of the Contract. The Contractor agrees that said Project
shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion
within the time(s) specified. It is expressly understood and agreed, by and between the Contractor
and the County, that the time(s) for completion of the Project described herein are reasonable
time(s) for the completion of the Project, taking into consideration the average climatic conditions
prevailing in the locality of the Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the
essence in completing the Project, and that the Project Work Schedule and all dates set forth therein
and where in this Contract, an additional time is allowed for the completion of the Project, the new
time limit fixed by such extension shall be of the essence of the Contract.
•
C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. If any portion of the Project is not completed in accordance with any time extensions
granted by the County, the County will suffer damage, the extent of which will be impractical and
extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the
Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage
amounts specified in the Contract. This particular provision shall not be construed as a penalty
upon said Contractor for failing fully to complete said Project as agreed in the Proposal and this
Contract nor is it intended, but as Liquidated Damages to compensate the County for.all costs
incurred as a result of such breach of Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor expressly agrees to
pay the County as a reasonable estimate of just compensation for damages contemplated with the
clause, the amount set forth as liquidated damages for each consecutive calendar day that
completion is delayed in the construction of the Project.
E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party hereto
shall be rendered unable wholly or in part to carry out its obligations under this Contract then such
party shall give notice and full particulars of such Force Majeure in writing to the other party within
a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party
giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the liability then claimed, but for no longer period, and any such party shall remove
or overcome such inability with all reasonable dispatch. The term Force Majeure as employed
herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemy, orders of any kind of the Government of the United States or the State of Colorado or any
political subdivision, except the County, or any civil or military authority, insurrection, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts,
arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines, or canals, or other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall
be entirely within the discretion of the party having the difficulty, and that the above requirement
that any Force Majeure shall be remedied with all reasonable dispatch shall not require the
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settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when
such settlement is unfavorable to it in the judgment of the party having the difficulty.
F. Cumulative Remedy. The liquidated damages referred to herein are intended to be
and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at
law, in equity, by statute, or under Contract.
XIV. Termination of Contract.
A. The County may terminate this Contract upon the occurrence of any one or more of
the following events:
1. If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if
Contractor takes any equivalent or similar action by filing a petition or otherwise under any
other federal or state law in effect at such time relating to the bankruptcy or insolvency;
2. If a petition is filed against Contractor under any chapter of the Bankruptcy
Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any
such equivalent or similar relief against Contractor under any other federal or state law in
effect at the time relating to bankruptcy or insolvency;
3. If the Contractor makes a general assignment for the benefit of creditors;
4. If a trustee, receiver, custodian or agent of Contractor is appointed under
applicable law or under Contract, whose appointment or authority to take charge of property
of Contractor is for the purpose of enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit of Contractor's creditors;
5. If the Contractor persistently fails to perform the Project in accordance with
this Contract including but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the work schedule established in this
Contract;
•
6. If the Contractor disregards laws, ordinances, rules, regulations, or orders of
any public body having jurisdiction;
B. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the Contractor of such
termination and specifying the effective date thereof. Such notice shall be given at least ten (10)
days before the effective date of such termination. In such event all finished or unfinished
documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall
become the County's property. Contractor shall be entitled to receive compensation in
accordance with the Contract for any satisfactory Project work completed pursuant to the terms
of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not •
be relieved of liability to the County for damages sustained by the County by virtue of any
breach of the Contract by the Contractor.
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•
XV. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of
Pitkin County.
B. Contractor is not required do offer his services exclusively to Pitkin County under
this contract. Contractor may choose to work for other individuals or entities during the term of
this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract.
•
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W-9
Taxpayer Identification Number Request.
•
XVI. Computation of Tithe.
A. When any period of time is referred to in this Contract by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period falls on
a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation.
B. All times stated in this Contract are of the essence.
XVII. Records and Cost Pricing Data.
A. The Contractor shall maintain in a safe place at the site one record copy of all
Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive
Changes, Field Orders and written interpretations and clarifications in good order and annotated
and updated weekly to show all changes made during construction. These record documents
together with all approved samples will be available to the Procurement Officer for reference.
• Upon completion of the Project, these record documents and samples will be delivered to the
Procurement Officer for the County.
B. The Contractor shall maintain all data and records pertinent to the Project performed
under this Contract, in accordance with generally accepted accounting principles, and shall preserve
and make available all data and records until the expiration of three (3) years from the date of final
19
payment under this Contract, or for such longer period, if any, as is required by applicable statute or
by other articles of this Contract. The County shall have access to all such data and records for such
time period to inspect, audit and make copies thereof during normal business hours. The Contractor
covenants and agrees that it shall require that any subcontractor utilized in the performance of this
Contract permit the authorized representatives of the County to similarly inspect and audit all data
and records of said subcontractors relating to the performance of said subcontractors under this
Contract for the same time period.
C. If this Contract is completely or partially terminated, the records relating to the
Project terminated shall be made available for three (3) years after any resulting final termination
payment.
D. Records pertaining to appeals or to litigation or the settlement of claims arising
under or relating to the performance of this Contract shall be made available until disposition of
such appeals, litigation, or claims.
XVIII. Miscellaneous.
A. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in writing by
the County. -
B. Binding Arbitration. Any disputes arising out of this Contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of
this Contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County Contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailing party.
C. Severability. If any term, section, or other provision of this Contract shall, for any
reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term,
section, or other provision shall not affect any of the remaining provisions of this Contract, and
to this end, each term, section and provision of this Contract shall be severable.
D. Integration and Modification.. This Contract represents the entire and integrated
Contract between the County and the Contractor and supersedes all prior negotiations,
representations, or Contract, either written or oral. This Contract may be amended only by written
Contract signed by both the County and the Contractor.
E. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
•
F. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract including the arbitration described in this section, the substantially
prevailing party shall be entitled to its costs and reasonable attorney's fees.
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G. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive the monetary limitations or terms or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seg.,
C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its
officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to
require or provide for indemnification of the Contractor by the County for any injury to any person
or any property damage whatsoever which is caused by the negligence or other misconduct of the
County or its agent or employees.
H. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provisions of the Contract shall constitute a mandatory charge
or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
I. Notice. Any notice required by this Contract shall be deemed delivered through
either of the following: (1) hand delivery to the person at the address below or (2) by certified
first class mail, postage prepaid, return receipt requested addressed as follows:
1. To Pitkin County with copies to:
Gary Tennenbaum Pitkin County Attorney's Office
530 E Main St Ste 300 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Phone 970-920-5355 Fax: (970) 920-5198
Fax 970-920-5198
2. To Contractor:
Progressive Trail Designs
3589-3 N Shiloh Dr#222
Fayetteville, AR 72703 •
Phone 720-201-6490
J. Waiver. No waiver by either party of any right, term or condition of this Contract
shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver
of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the
same or of a different provision of this Contract.
XIX. Contractor's Representations.
A. In order to induce County to enter into this Contract, Contractor makes the
following representations:
1. Contractor has familiarized himself with the nature and extent of this
Contract, Project, locality, and with all local conditions and federal, state, and local laws,
21
ordinances, rules and regulations that in any manner may affect cost, progress, or
performance of Project.
2. Contractor has carefully studied the site and has performed all necessary
investigations, tests, and subsurface investigations to define the latent physical conditions
of the construction site affecting cost, progress, or performance of Project.
3. Contractor has made or caused to be made examinations, investigations,
and tests and studies of such reports and related data as it deems necessary for the
performance of Project at the Contract price, within the Contract time, and in accordance
with the other terms and conditions of this Contract; and no additional examinations,
investigations, tests, reports, or similar data are or will be required by Contractor for such
purposes.
4. Contractor has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and conditions of this
Contract.
5. Contractor has given Procurement Officer written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the written resolution
thereof by Procurement Officer is acceptable to Contractor.
6. By executing this Contract, the Contractor represents that it has visited the
site, familiarized itself with the local conditions under which the Project work is to be
performed (including weather conditions which can be expected), and correlated its
observations with the requirements of this Contract.
7. The undersigned representative of Contractor represents that it is an
authorized representative of Contractor for the purposes of executing this Contract and
that it has full and complete authority to enter into this Contract on behalf of Contractor.
XX. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall constitute an original, but all of which shall constitute one and the same document.
XXI. Public Contracts for Services and Public Contracts with Natural Persons. In conformance
with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as
amended
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract, through participation in
the E-Verify Program or the Department program established pursuant to CRS §8-17.5-
102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform
22
work under this contract or enter into a contract with a subcontractor that fails to certify lo
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor (a) shall not use E-Verify Program or Department
program procedures to undertake pre-employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within
three days if Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien for work under this contract, (c) shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor
and Employment. If Contractor participates in the Department program, Contractor shall deliver
to the contracting State agency, Institution of Higher Education or political subdivision a written,
notarized affirmation, affirming that Contractor has examined the legal work status of such
employee, and shall comply with all of the other requirements of the Department program. If
Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,
the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76:5-101. Contractor, if a
natural person eighteen(18) years of age or older, hereby swears and affirms under penalty of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced
one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract.
•
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out
herein above.
CONTRACTOR
Progressive Trail Designs
By: Clayton Woodruff- Director of Operations
Name, Title
�/ 12/2/2013
Signature Date
PITKIN COUNTY, COLORADO
DEPARTMENT APPROVAL:
(2 1101,3
Gary Tennenbaum, Assistant Director Date
COUNTY MANAGER APPROVAL:
ohn Pea .c , Cay Manager Date
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Upper Roaring Fork Trails Plan
Client: Piktin County, CO
Date: October 2013
Mission:
To create a comprehensive trails plan for the Upper Roaring Fork Valley that will improve,
enhance, and direct the future development of trails. The focus will be on soft-surface trails and
trail amenities that will provide trail experiences for a wide range of users, from easy to
challenging, that allow trail users to experience the beauty of the Roaring Fork Valley. It is also a
goal to achieve a fun and functional trail network for residents and visitors that provides
connectivity of existing trails with new trails, connectivity of business and recreation, and to
enhance the Upper Roaring Fork Valley as a premier outdoor recreation destination.
Process:
Create a Planning Team that consists of City of Aspen, Pitkin County, Town of Snowmass Village,
Aspen Skiing Company, RFMBA, USFS, BLM, PTD, IMBA, and other user groups. Create a
Stakeholder Team that consists of Colorado Parks and Wildlife, Wilderness Workshop, ACES,
Planning Depts. in local jurisdictions, etc. Undertake inventory and analysis as described
below. Utilize IMBA's Ride Center evaluation system as a design guide for planning a trail system
that could one day achieve Gold level status for the Aspen/Snowmass area. Issue draft plan to
Planning Team. Conduct User Group public meetings for feedback on the plan. Make revisions to
the plan before conducting Final Review meeting and complete any additional revisions needed
before Public Presentation meetings.
PTD Scope of Work:
1. Inventory
• Identify existing trail locations and conditions
• Identify specific areas of focus, primarily existing trail systems based on user groups.
• Identify natural systems (geology, hydrology, topography, climate, soils, vegetation,
wildlife,views)
• Identify circulation systems (highways, interchanges, arterials, connectors, bike paths,
bike lanes, sidewalks)
• Identify cultural and tourism attractions (arts,food and wine, history, and heritage)
• Identify land use and access easements that may influence planning
• Identify Positive Control Points (i.e. special terrain features, historic sites) and Negative
Control Points (i.e. inundated areas, gas lines)
PROGRESSIVE TRAIL DESIGN, LLC. 3589-3 N. SHILOH DR. #222 FAYETTEVILLE, AR 72703
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• Majority of the trails have already been inventoried, so this is more of effort to
consolidate existing data and trail plans.
• Timeframe: 1 week field, 1 week office
• Approximate Dates:
Field Work: May 18th-23rd, 2014.
Office Work: June 9th— 13th, 2014.
2. Site Analysis and Master plan
• Primary Areas of Focus:
o Hunter Creek-Smuggler Mountain Area -the whole area is approx. 4500ac. Our
focus will primarily be on the problem areas identified in the Hunter Creek
Smuggler Mountain Cooperative Plan Proposal; Proposed Recreation Projects.
o Buttermilk Ski Area - assess trails, look at connections to town and
opportunities for growth
o Sky Mountain Park—assess existing trails. Most are in good shape, so we are
guessing this will be more of a general assessment that looks at organization.
o Aspen-Snowmass Connections; Government Trail. Identify any beginner trail
opportunities off Owl Creek Trail or any other.
o Snowmass Village Area. Identify connections, green spaces, and pocket park
opportunities.
• Scope of Work within Primary Areas includes:
o Assess the trail conditions for segments identified by stakeholders and other
user groups.
o Identify any trail segments or areas that need repair due to poor alignment,
location or drainage issues. GPS these areas or segments and propose solutions.
The trail solutions or reroutes will be loosely marked with GPS points and
plotted on maps. Does not include flagging in final alignment.
o Organize trail system through proper connections and intersections
o Assess signage and propose solutions to any problems
o Determine user groups within specific areas and meet with them to discuss
ideas, solutions, and plans.
• Secondary Areas of Focus:
o Woody Creek Area
o Aspen Highlands
o Aspen Mountain
o Independence Pass
o Area Northeast of town of Woody Creek (?)
o Lincoln Creek Area
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o Maroon Lake Area
• Scope of Work within Secondary Areas includes:
o Analyze Maps and Plans of Areas with all relevant user groups and stakeholders.
o Broad on ground assessment. Assess area through defined roads.
o Make general recommendations and loose trail concept plans. No GPS field
work.
• Trail and Urban Design
o Identify opportunities for urban soft-surface trails, mountain bike parks&
gateway trails within Aspen and Snowmass Village. Create conceptual plans for
• established priority areas. Example:See PTD Document "BPS DB1.0r.pdf"
o Evaluate and comment on the existing urban trail network (greenways),
• specifically with respect to bicycle functionality and connectivity. The goal is to
establish an effective interconnected, continuous, and well-maintained urban
bicycle network that joins soft surface trails, parks, urban centers, businesses,
and other attractions.
o Evaluate and comment on existing signage and mapping
Note: we will utilize a number of existing plans that have already looked at some of these zones in
great detail (Smuggler-Hunter Coop Plan, Sky Mt. Master Plan, Roaring Fork Gorge management
plan, Snowmass ski area gravity trails plan, etc.) We'll account for WRNF land management
prescriptions & upcoming BLM RMP determinations.
• Timeframe: 2 weeks field, 12 weeks office
• Approximate Dates:
Field Work: May 25th, 2014—June 6th, 2014.
Office Work:June 2nd, 2014—June 27th, 2014.
Client Review:June 30th, 2014—July 3rd, 2014.
Revisions:July 7th, 2014—July 18th, 2014.
Client Review:July 21St, 2014—July 2Sth, 2014.
Design Package: August 4th, 2014—August 15th, 2014.
Revisions after Final Meeting:August 28th—September 4th, 2014.
3. Project Budgets
• Provide budgetary cost estimates for each project identified
• Timeframe: 1 week office
• Approximate Dates: August 4th—8th, 2014.
4. Meetings
• 4 On-site Meetings:
PROGRESSIVE TRAIL DESIGN, LLC. 3589-3 N. SHILOH DR. #222 FAYETTEVILLE, AR 72703
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o 1. Orientation Meeting(1 day)with PTD, IMBA, RFMBA and Stakeholders-goal
is to assess area and identify priorities, identify user groups, establish contacts,
establish goals, establish timeline. Approximate Dates: Dec. 16th, 2013.
o 2. User Group Meetings (2 days)— PTD/IMBA will meet with multiple user
• groups to explain plan and get ideas. Approximate Dates:Jan. 20th—21St, 2014
o 3. Final Review Meeting(1 day) - PTD & Stakeholders meet to discuss final
comments and make any changes. Approximate Dates: August 27th, 2014
o 4. Public Presentation (1 day)—Approximate Dates: September 5th, 2014.
• There will be numerous conference calls and meetings. However, in order to minimize
this, we would like to communicate almost solely through BASECAMP. Basecamp is a
project management software that holds all relevant information to a project in one
place ("the cloud") and can be accessed through desktop or mobile app. It is a very
simple medium in which contractor and client can communicate and share information
• • Timeframe: 2 weeks
5. Phasing Plan
• Prioritize key areas of importance
• Assess priority based on cost and timing
6. Deliverables
• Map of Master Plan Area (Snowmass/Aspen Area only)
• Blowup maps of areas or projects of interest (i.e. Urban trails and bike parks)
• Comprehensive document with results of all items mentioned above
• Timeframe: 12 weeks office
• Approximate Date for PDF/CD Deliverable: September 5th, 2014
7. Timeframe
• Total estimated time for completion is approximately 8-11 months. This factors in
review and comment periods and all other above outlined items
• We plan to conduct the bulk of the fieldwork in the spring of 2014 (some urban field
work can be done in 2013) and present the plan in the summer of 2014.
• See each task for approximate dates.
Other Notes:
• IMBA will be the only consultant on this project
• PTD will need land access permission from USFS, City, and Aspen Ski Co. for use of
motorized vehicles; Automobile, AN, and Motorcycle.
•
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Sincerely,
Nathan Woodruff(Woody)
President & Founder— Progressive Trail Design
woody @progressivetra ildesign.corn
479.966.0286
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