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HomeMy WebLinkAboutbocc.res.235.2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE CONTRACT BETWEEN ASPEN VILLAGE HOMEOWNERS ASSOCIATION AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY TO BUILD AND MAINTAIN A STAIRWAY ACCESS. Resolution No. jC3. -2002 RECITALS 1. Stairway access will be from the Roaring Fork Transit Authority Park& Ride Lot to the Aspen Village Subdivision as platted in the construction plan survey. 2. Pitkin County has procured a contractor to build the Access through the competitive bidding process. 3. The Aspen Village Home Owners Association (AVHOA)will maintain the stairway access as set forth in the Stairway Maintenance Agreement. 4. Construction costs for the stairway access will be shared between Pitkin County's State Highway 82 Use Tax ($22,750), the Roaring Fork Transit Authority ($12,000) and the Aspen Fire Protection District($15,000). NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the contract between the AVHOA and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY to build and maintain a stairway access is approved, and the chairman of the Board is hereby authorized and directed to execute the Stairway Maintenance Agreement.. As xrtaewcr A+s f,,r,yid�s i4" INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING ON THE b�DAY OF AI 2002. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE DAY OFr10.,,J,2002. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE J60L DAY OF 002. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE 30 DAY OF IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIII Page:5I of 63 11:aza SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 1 Resolution No.935 - -2002 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By. ; 1 JeAgtte Jones Date Patti Kay-Clap er, Chairperson DepGty Clerk&Recorder ✓ Date. "0' APPROVED AS TO FORM: MANAGER APPROVAL: John Ely Date Hilary Flager r Smith Date /0.30.02 Cqun>.Al6 ey li ��U (' a County RECOMMENDED FOR ADOPTION: Staff Person respoiisi e Date IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 page:2563 11:42A IIIIIIIIIIIIIIIIIIIIIII D 0.00 SILVIA DAVIS PITKIN COUNTY CO R 0.00 2 Vr ff/3�r STAIRWAY MAINTENANCE AGREEMENT BETWEEN THE ASPEN VILLAGE HOMEOWNERS ASSOCIATION AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO THIS AGREEMENT, made this 1st day of October, 2002, by and between and the ASPEN VILLAGE HOMEOWNERS ASSOCIATION (hereinafter referred to as "AVHOA") and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (hereinafter referred to as the "Pitkin County"), RECITALS WHEREAS, Pitkin County and AVHOA have agreed that a direct stairway access is needed from the Roaring Fork Transit Authority Park & Ride Lot to the Aspen Village Subdivision, and; WHEREAS, Pitkin County is the owner of real property located at the Aspen Village Subdivision more fully described in Exhibit A attached hereto and; WHEREAS, the Roaring Fork Transit Authority, the Aspen Fire Protection District and Pitkin County have agreed to a cost sharing arrangement for the construction of the stairway and; WHEREAS, Pitkin County will contract and supervise the building of the stairway for Aspen Village residents to access the RFTA bus stop located on State Highway 82 and; WHEREAS, the Aspen Village Homeowners Association has agreed to maintain the stairways on an annual basis; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties covenant and agree as follows: AGREEMENT 1. Pitkin County will procure a Contractor to build the stairway at the Aspen Village Subdivision to allow residents access to the Roaring Fork Transit Authority's Park& Ride Lot. 2. Pitkin County, the Roaring Fork Transit Authority and the Aspen Fire Protection District will share the construction costs of such stairway. 3. The County has determined that AVHOA is familiar with the needs and requirements for the maintenance of the stairway and the AVHOA has agreed to accept the maintenance responsibilities for the stairway as spelled out in further in this agreement. ,szazI IIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIII II 4 Z756f 1/2003 11.4 1 SILVIA DAVIS. PITKIN COUNTY CO 2ii R 0.00 D 0.00 4. The AVHOA agrees to conduct routine safety inspections on a regular basis and maintain the stairway as follows according to Pitkin County maintenance requirements: a. Winter maintenance standards include but are not limited to clearing the concrete sidewalk approaches from snow and ice on either end of the staircase, as well as snow & ice removal from the stairs. b. Summer maintenance standards include but are not limited to painting and weed removal. C. The stairway and surrounding area will be kept clear of garbage and will be maintained in such a manner that the original appearance is not altered. All routine maintenance shall be performed by the AVHOA at no additional cost to Pitkin County. d. AVHOA will install a light at the top of the stairway to ensure safety of its users and keep said light in working order. 5. Pitkin County will conduct periodic site inspections, to ensure maintenance is up to the standards as presented in this Agreement. Notification will be made to the AVHOA of any infractions for immediate remedy. Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of the AVHOA obligations as determined by Pitkin County in its sole discretion, upon written notice to the AVHOA. In the event the County has to hire a contractor to complete any of the maintenance work, the AVHOA will be invoiced for administration costs as well as the costs of the contractor. Pitkin County also reserves the right at its sole discretion to determine if the stairs are to remain open or closed due to unsatisfactory maintenance. 6. Any extra ordinary repairs or capital replacement are the sole responsibility of the AVHOA, including materials, labor and all costs associated with the project. 7. The term of this Agreement shall be from September 15, 2002 to September 15, 2003. This agreement shall automatically be extended on a year-to-year basis, unless terminated in writing by the mutual agreement of the parties. Any written notice required by this Agreement shall be deemed delivered on the happening of any of the following: (1) hand delivery to the person at the address below•, (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: a. To Pitkin County with copies to: 76 Service Center Road Pitkin County Attorney's Office Aspen, Colorado 81611 530 E. Main Street, #302 (970) 920-5374 Fax Aspen, Colorado 81611 (970) 920-5198 Fax b. To Aspen Village Homeowners Association 2 18242.1 477563 1111111111111111111111111111111111111111111111111111111 01Page; 4 of 7 /21/200311:42A SILVIP I VIS PITKIN COUNTY CO R 0.00 D 0.00 c/o Chris Hoofnagle 8. If performance under this Agreement extends beyond this initial term, nothing herein shall be construed as creating a continuing obligation of Pitkin County to allocate funds for stairway maintenance. 9. GOVERNMENTAL IMMUNITY - AVHOA agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. seq., 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 these Required Clause or the Agreement shall be construed or interpreted to require or provide for indemnification of the AVHOA 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. 10. INDEMNITY A. The AVHOA (including, by definition here and hereinafter, its officials, employees, agents and representatives, sub AVHOAs and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty,judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the AVHOA, and for any consequential liability alleged to accrue against the County on account of the AVHOA's acts, errors or omissions; provided, how- ever, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The AVHOA 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. 11. INSURANCE A. In whole or in part, AVHOA shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from AVHOA's acts, errors or omissions as relates to the maintenance. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: (1) Commercial General Liability -ISO 1998 Form or equivalent (County named additional insured) 18242.1 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 497563 7 01/21/2003 11.42A SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form(All risks)to include (place X by applicable provisions): X Premises/Operations Underground, Explosion & Collapse Hazard Products/Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County (through the County Representative) no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverages required herein, including a change to policy limits as set out in the then-current policy declarations page). C. In addition,these Certificates of Insurance shall contain the following clauses: (1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) 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. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." D. 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 Agreement or thereafter. E. The County reserves the right to request and receive a copy of any policy and any policy endorsement. 12. The undersigned representative of the AVHOA represents that he is an authorized 4 18242.1 IIIIII IIIII IIIIII IIIII IIIII IIIIII IIIII III IIIII IIII IIII Page: 6 of 7 4 1 7563 ff 01/21/2003 1.42A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 lVV representative of the AVHOA for the purposes of executing this Agreement, and that he has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties have made and executed this Agreement the day and year first above written. 2-- ris Hoof gl Pomresident Aspen Village eowners Association ( (� k 10-25-OL Patti Ka ap er Chai Pi n unty B of County Commissioners rian Pettet Pitkin County Public Works Director APPROVED AS TO FORM: John M. Ely Pitkin ou AtcY Hilary F t er Smith Pitkin Co ty Manager 563 18242.1 1111111111111111111111111111111111111111111111111111111111111 ®/2/2003 1I:42A 5 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 n STAIRWAY MAINTENANCE AGREEMENT BETWEEN THE ASPEN VILLAGE HOMEOWNERS ASSOCIATION AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO THIS AGREEMENT, made this 1st day of October, 2002, by and between and the ASPEN VILLAGE HOMEOWNERS ASSOCIATION (hereinafter referred to as "AVHOA") and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (hereinafter referred to as the "Pitkin County"), RECITALS WHEREAS, Pitkin County and AVHOA have agreed that a direct stairway access is needed from the Roaring Fork Transit Authority Park & Ride Lot to the Aspen Village Subdivision, and; WHEREAS, Pitkin County is the owner of real property located at the Aspen Village Subdivision more fully described in Exhibit A attached hereto and; WHEREAS, the Roaring Fork Transit Authority, the Aspen Fire Protection District and Pitkin County have agreed to a cost sharing arrangement for the construction of the stairway and; WHEREAS, Pitkin County will contract and supervise the building of the stairway for Aspen Village residents to access the RFTA bus stop located on State Highway 82 and; WHEREAS, the Aspen Village Homeowners Association has agreed to maintain the stairways on an annual basis; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties covenant and agree as follows: AGREEMENT 1. Pitkin County will procure a Contractor to build the stairway at the Aspen Village Subdivision to allow residents access to the Roaring Fork Transit Authority's Park& Ride Lot. 2. Pitkin County, the Roaring Fork Transit Authority and the Aspen Fire Protection District will share the construction costs of such stairway. 3. The County has determined that AVHOA is familiar with the needs and requirements for the maintenance of the stairway and the AVHOA has agreed to accept the maintenance responsibilities for the stairway as spelled out in further in this agreement. 18242.1 111111111111111111111111IIIIII 477564 1 1111111111111111 Page. 1 of 5 SILVIA OAVIS PITKIN COUNTY CO 01/21/2003 11:46A R 0.00 0 0.00 4. The AVHOA agrees to conduct routine safety inspections on a regular basis and maintain the stairway as follows according to Pitkin County maintenance requirements: a. Winter maintenance standards include but are not limited to clearing the concrete sidewalk approaches from snow and ice on either end of the staircase, as well as snow & ice removal from the stairs. b. Summer maintenance standards include but are not limited to painting and weed removal. C. The stairway and surrounding area will be kept clear of garbage and will be maintained in such a manner that the original appearance is not altered. All routine maintenance shall be performed by the AVHOA at no additional cost to Pitkin County. d. AVHOA will install a light at the top of the stairway to ensure safety of its users and keep said light in working order. 5. Pitkin County will conduct periodic site inspections, to ensure maintenance is up to the standards as presented in this Agreement. Notification will be made to the AVHOA of any infractions for immediate remedy. Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of the AVHOA obligations as determined by Pitkin County in its sole discretion, upon written notice to the AVHOA. In the event the County has to hire a contractor to complete any of the maintenance work, the AVHOA will be invoiced for administration costs as well as the costs of the contractor. Pitkin County also reserves the right at its sole discretion to determine if the stairs are to remain open or closed due to unsatisfactory maintenance. 6. Any extra ordinary repairs or capital replacement are the sole responsibility of the AVHOA, including materials, labor and all costs associated with the project. 7. The term of this Agreement shall be from September 15, 2002 to September 15, 2003. This agreement shall automatically be extended on a year-to-year basis, unless terminated in writing by the mutual agreement of the parties. Any written notice required by this Agreement shall be deemed delivered on the happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: a. To Pitkin County with copies to: 76 Service Center Road Pitkin County Attorney's Office Aspen, Colorado 81611 530 E. Main Street, #302 (970) 920-5374 Fax Aspen, Colorado 81611 (970) 920-5198 Fax b. To Aspen Village Homeowners Association 2 18242.1 IIII IIIII IIIIII IIIII IIIII IIIIII IIIII III IIIII IIII IIII Page:564 2 of 11:4ea III SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 c/o Chris Hoofnagle 8. If performance under this Agreement extends beyond this initial term, nothing herein shall be construed as creating a continuing obligation of Pitkin County to allocate funds for stairway maintenance. 9. GOVERNMENTAL IMMUNITY - AVHOA agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. seq., 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 these Required Clause or the Agreement shall be construed or interpreted to require or provide for indemnification of the AVHOA 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. 10. INDEMNITY A. The AVHOA (including, by definition here and hereinafter, its officials, employees, agents and representatives, sub AVHOAs and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty,judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the AVHOA, and for any consequential liability alleged to accrue against the County on account of the AVHOA's acts, errors or omissions; provided, how- ever, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The AVHOA 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. 11. INSURANCE A. In whole or in part, AVHOA shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from AVHOA's acts, errors or omissions as relates to the maintenance. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an are required: (1) Commercial General Liability -ISO 1998 Form or equivalent (County named additional insured) 18242.1 3 0 92 23 of 003 5 i:46A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 /� Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2 000,000.00 Comprehensive Form (All risks)to include (place X by applicable provisions): X Premises/Operations Underground,Explosion& Collapse Hazard Products/Completed Operations X Contractual Liability _X_ Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County (through the County Representative) no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverages required herein, including a change to policy limits as set out in the then-current policy declarations page). C. In addition, these Certificates of Insurance shall contain the following clauses: (1) The clause other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) 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. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." D. 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 Agreement or thereafter. E. The County reserves the right to request and receive a copy of any policy and any policy endorsement. 12. The undersigned representative of the AVHOA represents that he is an authorized 4 18242.1 IIIIIIIIIIIIIIIIIIIIIIIIIIIII 47564 Page: g I IIIIIIIIIIIIIIIIIIIIIIIIII 01/21/D200 Li 0011.46 � t SILVIA DAVIS PITKIN COUNTY CO R 0.00 representative of the AVHOA for the purposes of executing this Agreement, and that he has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties have made and executed this Agreement the day and year first above written. Chris oo agle resi nt Aspen Village ome ners Association Ak — f O—ZS--oL Patti Kay-Clap or Chair Pit ounty and of County Commissioners 3 4z- Brian Pettet Pitkin County Public Works Director APPROVED AS TO FORM: John M. El Pit ' unty Attome Hilary MePitkin C 18242.1 IIIIIIIIIIIIIIIIII If III IIIII IIIIII III Page: a9: 5 of 5 s SILVIP DAVIS PITKIN COUNT II IIIIIIIIIIIIIIII 01/21/2003 I1:v CO R 0.00 46R D 0.00 / 1