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HomeMy WebLinkAboutbocc.ord.029.2002 I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII Pa 9 9483 10:43A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING A LICENSE AND USE AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE PEDESTRIAN BRIDGE OVER STATE HIGHWAY 82 AT WINGO JUNCTION ORDINANCE #�, SERIES OF 2002 1. Pitkin County has established an Open Space and Trails Program in 1990 which has developed a number of trails for public use. 2. In 1996 the Open Space Fund contributed $500,000 toward the purchase of the former Aspen Branch of the Denver and Rio Grande Right of Way for the purpose of establishing a valleywide trail from Aspen to Glenwood Springs. 3. The Open Space Department proposes to erect a pedestrian bridge over Highway 82 at Wingo Junction as part of the valleywide trail. 4. The former railroad right of way crosses the highway at an angle, and savings accrue by placing one side of the bridge slightly outside the former railroad right of way and within the state highway right of way to minimize the angle and length of the bridge, 5. An agreement with the Colorado Department of Transportation is needed to install and maintain the bridge within its right of way. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that the attached License and Use Agreement is approved and the Board Chair is authorized to sign the same on behalf of Pitkin County. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 7th DAY OF NOVEMBER, 2002. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 9th DAY OF NOVEMBER, 2002. APPROVED AT SECOND READING AND PUBLIC HEARING ON THE 20" DAY OF NOVEMBER, 2002. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 30th DAY OF NOVEMBER, 2002 1 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Je ette Jones Patti Kay-Clapper, thairperson Deputy Clerk Date: APPROVED AS TO FORM: John Ely Hilary, ith Coun�Afiorney Count anager r7' a Will,Director Open Space and Trails Program IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 03/04/2003 479483 9483 10:aaa SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 2 03 HA3 00021 P 5-7-op4 -oGo LICENSE AGREEMENT THIS CONTRACT, made this //4�6 day of 200%y and between the STATE OF COLORADO, DEPARTMENT OF TRANTION, hereinafter referred to as the "State", and the Pitkin County, 530 E. Main Street, 3`d Floor, Aspen, Colorado, 81611, hereinafter referred to as the "Local Agency", WHEREAS, required approval, clearance and coordination has been accomplished from and with the appropriate agencies; and WHEREAS, the State owns certain property as shown on the map attached as Exhibit A, hereinafter referred to as the "State's Right of Way" which is used for State Highway 82 (SH 82) right of way; and WHEREAS, the Local Agency has construction plans and specifications as shown on the engineer drawings as Exhibit B, hereinafter referred to as the "Construction Plans"; and WHEREAS, the Local Agency has planned and has requested permission for a project to construct a pedestrian overpass across SH 82, within the State's Right of Way, hereinafter the "Work" or "Pedestrian Bridge Project'; and WHEREAS, the State desires to allow the Local Agency to use.the State's Right of Way for construction and use the "Work", as described herein, subject to the terms and conditions of this contract; and WHEREAS, by this agreement, the parties wish to set the conditions for the use of the State's Right of Way for the Work; and WHEREAS, the Local Agency recognizes that the State must retain the superior right to use the State's Right of Way for highway purposes, and the Local Agency desires to agree to relinquish the use of such right of way without any cost or liability to the State, pursuant to the terms of this contract; and WHEREAS, this contract is executed by the State pursuant to the provision of sections 43-2-103 and 43-2-144, C.R.S., as amended; and WHEREAS, the Local Agency has executed this contract under the appropriate authority and the Resolution evidencing such authority is attached. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 479483 IIIIIIIIIIIIIIIIIII page: 3 03 11 SILVIA DAVIS PITKIN COUNTY CO 03/04 0 10:43P R 0.00 D 0.00 1 I� HOW, THEREFORE, it is hereby agreed that: A. The Local Agency shall be responsible for the preparation of the Plans and for the accuracy and completeness of the Plans. The Plans are made a part of this contract by this reference also know as exhibit A. B. The Local Agency shall be responsible for the construction of the" Work" in accordance with the Plans stamped by Colorado professional engineer and intends to retain an independent contractor (the "Contractor") to construct the Project. The Local Agency shall administer and provide technical direction to the Contractor concerning such construction, as provided herein. C. The Local Agency shall be solely responsible for all costs of the "Work". D. The Local Agency shall be solely responsible for any and all damage to the State's roadway, and/or associated facilities caused by the construction, operation, or maintenance of the "Work" within the State's Right of Way, except for damage caused by the State or its agents. Any such damage shall be repaired in accordance with the State's standards at the Local Agency's sole expense. E. The Local Agency shall be solely responsible and liable for any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred by the State as a result of the construction, operation, or maintenance of the "Work" within the State's Right-of-Way, unless caused by the negligence of the State or its agents. Nothing in this contract shall be construed as a waiver by the State or the Local Agency of the provisions and protections of the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as now enacted or hereafter amended. F. The State will provide liaison with the Local Agency through the State Region Transportation Director, Region 3, located at 222 South 61h Street, Room 317, Grand Junction, CO., 81501. Said liaison is responsible for coordinating the State's activities under this contract. G. The Local Agency will provide: 1. Preliminary engineering, design services and preparation of construction plans, and special provisions for the "Work" 2. Design worksheets used in design of the "Work". 3. Proof of contractor access to the site through the adjacent landowner's property, and agreement that- Local Agency and its contractors will keep the access provided to the Snowmass Canyon contractor clear at all times. IIIIII IIIII IIIIII IIIIII III IIIIIII(IIII III IIIII IIII IIII 03/04/2003 4 Page:9483 10:43A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 �! 2 IIJ 4. An Access Agreement allowing the Snowmass Canyon contractor to stage the construction field office complex in its current location until November 30, 2005. The Snowmass Canyon contractor will construct the temporary trail connection and the permanent trail connection (no later than November 30, 2005) as shown in the Construction Plans. H. The Local Agency will comply with the following: 1. The Local Agency will be responsible for the plans being accurate and complete. A Colorado registered professional engineer must stamp all plans. 2. Notwithstanding any review or consents given by the State for said plans or the performance by the State of the construction review services, the State will not be liable or responsible in any manner for the design details, or construction of the "Work". I. The Local Agency shall not start construction of the "Work" on State Right-of-Way, nor authorize the Contractor to start construction, until the State issues a written notice to proceed to the Local Agency. Such notice shall not be unreasonably withheld or unduly delayed. Notice to proceed shall not be issued until final Construction Plans and Specifications are received and approved by the State. In the event the State does not object to the construction contract within 30 business days after the date of mailing by the Local Agency, the construction contract shall be deemed accepted by the State. Such construction contract between the Local Agency and the Contractor shall contain provisions to protect the interests of the State, including, but not limited to: 1. The Local Agency shall procure from the Contractor certificates of insurance and shall deliver copies of the same directly to the state liaison. The types and limits of insurance shall be at a minimum as follows: a. Worker's Compensation Insurance in accordance with prevailing laws. b. Comprehensive general liability $600,000 combined single limit bodily injury and property damage, each occurrence; $2,000,000 annual aggregate. If said aggregate is reduced by claim payments or otherwise exhausted, the Contractor shall immediately purchase additional aggregate limits for the remainder of the Contract and furnish certificates of such insurance to the Local Agency and the State. G. Automobile liability $600,000 combined single limit bodily injury and property damage, each accident. I IIIIII I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 948 Page: 010 6:43R SVIR DAVIS PITKIN OUNTY CO R 0.I00 0.0 3 2. Policies a. and b. above shall name the Local Agency and the State as additional insured 3. The Contractor shall indemnify, save and hold harmless the State and the Local Agency, their employees and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. J. The State hereby grants a revocable license to the Local Agency to use a section of the State's Right of Way as described in Exhibit A, attached hereto and made a part hereof. The sole purpose of the license is for the construction and maintenance of the "Work" to allow for non-motorized traffic (as defined in paragraph A of this License) to enter State Right of Way, travel within State Right of Way as shown on the Plans, and then exit the State's Right of Way. K. The Local Agency recognizes that the State must retain the superior right to use the State's Right of Way for highway purposes and that the Local Agency's use of the State Right of Way, as described in Exhibit A, is at all times subordinate to and subject to any and all current and future roadway operations, maintenance and State highway needs and purposes, as determined by the State in its sole discretion. The Local Agency understands and agrees that this license is limited in scope, use, and time, as described herein. The license granted herein is a personal right of the Local Agency, and vests no property interest in the State Right of Way to the Local Agency. The Local Agency agrees that this license is revocable by the State at no expense to the State pursuant to the following provisions: 1. The State may revoke this license, and the Local Agency shall relinquish all use of the State Right of Way without any cost or liability to the State whenever the State, in its sole discretion, determines that the State Right of Way is required for any emergency state highway purpose. The State has the right, if it determines that an emergency situation exists, to terminate this license, to stop construction of the Pedestrian Bridge, or to close the Pedestrian Bridge, at any time to protect public safety, to facilitate transportation activities, or for other highway purposes. 2. In non-emergency situations, the State may revoke this license and, in that event, the Local Agency shall relinquish the use of the State Right of Way without any cost or liability to the State within 180 days after receipt of written notice from the State that such right-of-way is needed for current or future roadway operations, maintenance, or other State highway needs and purposes. I IIIIII IIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIII IIIIIIII 0479483 Page: 6 of 11 3//04 20033 10:43A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 4 �j L. The Work: 1 . Prior to the construction of the Work, the Local Agency shall schedule a pre- construction meeting including but not limited to Local Agency, construction personnel, Local Agency's engineer of record, CDOT representative and Traffic Control Supervisor. 2. The Local Agency's engineer of record shall have a representative on site during all major construction activities to ensure general conformance with plans and applicable Colorado Department of Transportation Standards and Specifications and design elements. 3. The Local Agency's will provide independent certified copies of all testing done on the Work. The testing will be done to the State's testing standards and to the State's testing schedules. 4. The State will review and inspect the construction of the Work within or . affecting State Right of Way to ensure that it meets Federal and State standards and the Plans. 5. Except for emergencies, or in the event an immediate threat to public safety exists, the State's Inspector will not have direct contact with the Contractor but will notify the Local Agency's Project Representative, as identified in the construction contract documents, of any State directions concerning proposed construction contract modifications, and will coordinate such modifications and its construction review services with the Local Agency. After consultation of the State's Inspector and the Local Agency's Project Representative, the State's directions will be implemented. In the event that the Local Agency project representative fails to concur in any State construction direction, then the matter will be referred to the State's Region 3 Traffic Engineer for resolution. 6. The State's Inspector may, in writing, suspend the construction of those portions of the Pedestrian Bridge Project within or affecting State Right of Way, wholly or in part due to the failure of the Local Agency or the Contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out provisions of this contract or the construction contract including construction modifications or directions required by the State; for such periods as the State's Inspector may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of the work or for any other condition or reason deemed to be in the public interest. The State shall notify the Local Agency and provide opportunity to correct such conditions prior to any suspension. The Local Agency shall include this provision in its contract with the Contractor. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 94 of il 80 03 10:43A IIIIII Y CO R 0.00 D 0.00 SILVIA VIR DAVIS PITKIN COUNT y� 5 h T The inspections done by State's Inspector may only be visual, and any inspection does not constitute an acceptance of the workmanship or materials used in the work done by the Local Agency's contractor on the Work. Inspection by State's Inspector does not confer any liability for the work of the Pedestrian Bridge Project on State's Inspector or State. a. The Local Agency shall provide construction engineering during the construction of all elements of the Pedestrian Bridge Project. Said construction engineering will include field and office engineering, land survey controls, inspection and material testing and control by qualified personnel. b. The Local Agency shall be responsible for the administration of and payment to its contractor of all costs incurred for project construction under the construction contract with the Contractor. M. Upon satisfactory completion of construction of the Pedestrian Bridge Project, the Local Agency will issue to the State a Certificate of Final Completion showing the date of final completion and certifying that the Pedestrian Bridge Project has been constructed according to the approved plans and specifications. Determination of satisfactory completion of the Pedestrian Bridge Project shall be made by the State in accordance with the following procedures: 1. Upon due notice from the Local Agency's project representative of presumptive completion of the Pedestrian Bridge Project, the State's Inspector will participate in an inspection of the Pedestrian Bridge Project with the Local Agency and the Contractor. 2. If construction of those portions of the Pedestrian Bridge Project, within or affecting State Right of Way is found to be completed to the satisfaction of the State's Inspector, that inspection shall constitute the final inspection and the State's Inspector will notify the Local Agency in writing of the State's acceptance of the Pedestrian Bridge Project as of the date of the final inspection. 3. If the inspection discloses any work, in whole or in part as being unsatisfactory, the State's Inspector will give the Local Agency written directions for correction of same, and the Local Agency shall direct its contractor to implement the State's directions subject to the provisions of paragraph L.4 of this contract. 4. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. In such event, the State's Inspector will notify the Local Agency in writing of the State's acceptance of the Cross Walk Project as of the date of the final inspection. 111111111 INIII IIIII 11111111111111110 g 948 of It 83 10:43A SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 6 5. Final acceptance by the State under this paragraph does not waive any State legal rights contained herein. N. The State shall not be precluded or estopped by acceptance of the Pedestrian Bridge Project work from showing at a later time that the Project work as constructed does not in fact conform to the approved as-built Plans. The State shall not be precluded or estopped by acceptance of the Pedestrian Bridge Project work from recovering from the Local Agency such damage as the State may sustain by reason of the Local Agency or the Contractor's failure to comply with the terms of this contract. Neither acceptance by the State of the Pedestrian Bridge Project work nor any possession of the constructed Pedestrian Bridge Project facilities by the State, shall operate as a waiver of any portion of this contract or of any power herein reserved, or of any right to damages. A waiver of any breach of this contract shall not be held to be a waiver of any other or subsequent breach. C. Within 60 days after Local Agency issuance and State acceptance of the Certificate of Final Completion, the Local Agency shall prepare and deliver to the State the final sets of plans and specifications (the "As-built" plans) for the Pedestrian Bridge Project, based upon field notes maintained by the Local Agency. A copy of said plans shall be made a part of this contract by reference. P. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. The State may make periodic inspections of the Pedestrian Bridge Project to verify that such improvements are being adequately maintained with respect to protection of the State's Right of Way. In the event that the Pedestrian Bridge Project is not maintained in an appropriate manner, as determined by the State, the State reserves the right to notify the Local Agency, and if such maintenance remains deficient for a period of thirty (30) days after such written notice, to perform maintenance actions deemed necessary by the State and to be reimbursed by the Local Agency for the costs of such maintenance actions. Additionally, if at any time the Pedestrian Bridge Project is determined to be obsolete, unnecessary, or a threat to the safety of the traveling public, the parties hereto shall immediately negotiate the most appropriate and mutually desirable course for removing The Pedestrian Bridge. The Local Agency shall be solely responsible for the cost of any such removal. Q. In the event the portion of State highway adjacent to or over the improvements constructed under the Pedestrian Bridge Pr^ject is widened, the Local Agency shall take all reasonable actions to provide the funding necessary for any required reconstruction of the cross walk. The State will provide the Local Agency the opportunity to review and comment on State plans for widening. I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III 11111 Jill 1111 4 g 9/20of 10:43A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 R. The State hereby reserves the right to revoke the use of State Right of Way by the Local Agency in the event the Pedestrian Bridge Project is not used as intended or if the Pedestrian Bridge Project is found to be detrimental to the highway or its structures. S. Notwithstanding any review and concurrence with the Pedestrian Bridge Project design plans or acceptance of the final constructed Pedestrian Bridge Project; the State shall not have any liability for the construction, maintenance, or use of the Pedestrian Bridge Project or for any act or omission by the Local Agency or the Contractor. T. The term of this contract, except for provisions regarding maintenance, shall continue through the completion and final acceptance of the Pedestrian Bridge Project by the Local Agency with concurrence from the State. The covenants with regard to maintenance of the improvements constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. U. As between the parties hereto, each of them shall be responsible for its own negligence, if any, and that of its servants and employees, consistent with the provisions of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seg. The State and the Local Agency of the respective rights and protections of either under said Act shall construe nothing in this Agreement as a waiver. V. This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns. W. The Local Agency represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the Local Agency and to bind the Local Agency to its terms. X. In additional to other obligations set forth in this Agreement, the Locals Agency's maintenance responsibility shall consist of: 1. Repair and/or replacement of lighting, landscaping, special signage, and painting which will include the structural repairs and maintenance of the Pedestrian Bridge. 2. Snow removal inherent to the appurtenances and peculiarities of the Pedestrian Bridge. No form of water shall hinder the use of the travel ways of State Highway 82. 3. The Local Agency shall be responsible for all maintenance the Pedestrian Bridge, including any areas that fall in CDOT Right-Of-Way at the Local Agency's expens^ 111111111111111111111111111111111111111111111111111111 a 9 94803f 10It:43A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 8 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO BILL OWENS, GOVERNOR ATTEST: By �n 1 , r �, ,.� 4 By ief CI /!? '.� `�c` "y Exec ve rector G DEPARTMENT OF TRANSPORTATION Pitkin County ATTEST: i� By By_ J4 IIIIII 03� 0 f 10143A IIIIIIIIIIIIIIIIIIIIIIIII 4�0 0.00 IIIIIIIIIIIIIIIIIIIIIIII COUNTY CO R 0.00 SILVIA DAVIS PITKIN 9 a 03 HA3 00021 LICENSE AGREEMENT THIS CONTRACT, made this 114:b day of 2061by and between the STATE OF COLORADO, DEPARTMENT OF TRANSPMTATION, hereinafter referred to as the "State", and the Pitkin County, 530 E. Main Street, 3`d Floor, Aspen, Colorado, 81611, hereinafter referred to as the "Local Agency", WHEREAS, required approval, clearance and coordination has been accomplished from and with the appropriate agencies; and WHEREAS, the State owns certain property as shown on the map attached as Exhibit A, hereinafter referred to as the "State's Right of Way" which is used for State Highway 82 (SH 82) right of way; and WHEREAS, the Local Agency has construction plans and specifications as shown on the engineer drawings as Exhibit B, hereinafter referred to as the "Construction Plans'; and WHEREAS, the Local Agency has planned and has requested permission for a project to construct a pedestrian overpass across SH 82, within the State's Right of Way, hereinafter the "Work" or "Pedestrian Bridge Project'; and WHEREAS, the State desires to allow the Local Agency to use the State's Right of Way for construction and use the "Work", as described herein, subject to the terms and conditions of this contract; and WHEREAS, by this agreement, the parties wish to set the conditions for the use of the State's Right of Way for the Work; and WHEREAS, the Local Agency recognizes that the State must retain the superior right to use the State's Right of Way for highway purposes, and the Local Agency desires to agree to relinquish the use of such right of way without any cost or liability to the State, pursuant to the terms of this contract; and WHEREAS, this contract is executed by the State pursuant to the provision of sections 43-2-103 and 43-2-144, C.R.S., as amended; and WHEREAS, the Local Agency has executed this contract under the appropriate authority and the Resolution evidencing such authority is attached. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 g : I of 9 SILVIfi DgVIS PITKIN COUNTY CO IIII 04/2003 10.48A R 0.00 D 0.00 1 NOW, THEREFORE, it is hereby agreed that: A. The Local Agency shall be responsible for the preparation of the Plans and for the accuracy and completeness of the Plans. The Plans are made a part of this contract by this reference also know as exhibit A. B. The Local Agency shall be responsible for the construction of the" Work" in accordance with the Plans stamped by Colorado professional engineer and intends to retain an independent contractor (the "Contractor")to construct the Project. The Local Agency shall administer and provide technical direction to the Contractor concerning such construction, as provided herein. C. The Local Agency shall be solely responsible for ail costs of the "Work". D. The Local Agency shall be solely responsible for any and all damage to the State's roadway, and/or associated facilities caused by the construction, operation, or maintenance of the "Work" within the State's Right of Way, except for damage caused by the State or its agents. Any such damage shall be repaired in accordance with the State's standards at the Local Agency's sole expense. E. The Local Agency shall be solely responsible and liable for any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred by the State as a result of the construction, operation, or maintenance of the "Work" within the State's Right-of-Way, unless caused by the negligence of the State or its agents. Nothing in this contract shall be construed as a waiver by the State or the Local Agency of the provisions and protections of the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as now enacted or hereafter amended. F. The State will provide liaison with the Local Agency through the State Region Transportation Director, Region 3, located at 222 South 6t' Street, Room 317, Grand Junction, CO., 81501. Said liaison is responsible for coordinating the State's activities under this contract. G. The Local Agency will provide: 1. Preliminary engineering, design services and preparation of construction plans, and special provisions for the "Work" 2. Design worksheets used in design of the "Work". 3. Proof of contractor access to the site through the adjacent landowner's property, and agreement that- Local Agency and its contractors will keep the access provided to the Snowmass Canyon contractor clear at all times. I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 479484 03/04/2003/ 10.asa SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 2 4. An Access Agreement allowing the Snowmass Canyon contractor to stage the construction field office complex in its current location until November 30, 2005. The Snowmass Canyon contractor will construct the temporary trail connection and the permanent trail connection (no later than November 30, 2005) as shown in the Construction Plans. H. The Local Agency will comply with the following: 1. The Local Agency will be responsible for the plans being accurate and complete. A Colorado registered professional engineer must stamp all plans. 2. Notwithstanding any review or consents given by the State for said plans or the performance by the State of the construction review services, the State will not be liable or responsible in any manner for the design details, or construction of the "Work". I. The Local Agency shall not start construction of the "Work" on State Right-of-Way, nor authorize the Contractor to start construction, until the State issues a written notice to proceed to the Local Agency. Such notice shall not be unreasonably withheld or unduly delayed. Notice to proceed shall not be issued until final Construction Plans and Specifications are received and approved by the State. In the event the State does not object to the construction contract within 30 business days after the date of mailing by the Local Agency, the construction contract shall be deemed accepted by the State. Such construction contract between the Local Agency and the Contractor shall contain provisions to protect the interests of the State, including, but not limited to: 1. The Local Agency shall procure from the Contractor certificates of insurance and shall deliver copies of the same directly to the state liaison. The types and limits of insurance shall be at a minimum as follows: a. Worker's Compensation Insurance in accordance with prevailing laws. b. Comprehensive general liability $600,000 combined single limit bodily injury and property damage, each occurrence; $2,000,000 annual aggregate. If said aggregate is reduced by claim payments or otherwise exhausted, the Contractor shall immediately purchase additional aggregate limits for the remainder of the Contract and furnish certificates of such insurance to the Local Agency and the State. c. Automobile liability $600,000 combined single limit bodily injury and property damage, each accident. IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 0 Page:484 e0:489 SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 3 2. Policies a. and b. above shall name the Local Agency and the State as additional insured 3. The Contractor shall indemnify, save and hold harmless the State and the Local Agency, their employees and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. J. The State hereby grants a revocable license to the Local Agency to use a section of the State's Right of Way as described in Exhibit A, attached hereto and made a part hereof. The sole purpose of the license is for the construction and maintenance of the 'Work" to allow for non-motorized traffic (as defined in paragraph A of this License)to enter State Right of Way, travel within State Right of Way as shown on the Plans, and then exit the State's Right of Way. K. The Local Agency recognizes that the State must retain the superior right to use the State's Right of Way for highway purposes and that the Local Agency's use of the State Right of Way, as described in Exhibit A, is at all times subordinate to and subject to any and all current and future roadway operations, maintenance and State highway needs and purposes, as determined by the State in its sole discretion. The Local Agency understands and agrees that this license is limited in scope, use, and time, as described herein. The license granted herein is a personal right of the Local Agency, and vests no property interest in the State Right of Way to the Local Agency. The Local Agency agrees that this license is revocable by the State at no expense to the State pursuant to the following provisions: 1. The State may revoke this license, and the Local Agency shall relinquish all use of the State Right of Way without any cost or liability to the State whenever the State, in its sole discretion, determines that the State Right of Way is required for any emergency state highway purpose. The State has the right, if it determines that an emergency situation exists, to terminate this license, to stop construction of the Pedestrian Bridge, or to close the Pedestrian Bridge, at any time to protect public safety, to facilitate transportation activities, or for other highway purposes. 2. In non-emergency situations, the State may revoke this license and, in that event, the Local Agency shall relinquish the use of the State Right of Way without any cost or liability to the State within 180 days after receipt of written notice from the State that such right-of-way is needed for current or future roadway operations, maintenance, or other State highway needs and purposes. IIIIII IIIII IIIIII IIIIII III(IIIIII IIIII III IIIII IIII IIII Page:484 10:48A SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 / 4 L. The Work: 1. Prior to the construction of the Work, the Local Agency shall schedule a pre- construction meeting including but not limited to Local Agency, construction personnel, Local Agency's engineer of record, CDOT representative and Traffic Control Supervisor. 2. The Local Agency's engineer of record shall have a representative on site during all major construction activities to ensure general conformance with plans and applicable Colorado Department of Transportation Standards and Specifications and design elements. 3. The Local Agency's will provide independent certified copies of all testing done on the Work. The testing will be done to the State's testing standards and to the State's testing schedules. 4. The State will review and inspect the construction of the Work within or . affecting State Right of Way to ensure that it meets Federal and State standards and the Plans. 5. Except for emergencies, or in the event an immediate threat to public safety exists, the State's Inspector will not have direct contact with the Contractor but will notify the Local Agency's Project Representative, as identified in the construction contract documents, of any State directions concerning proposed construction contract modifications, and will coordinate such modifications and its construction review services with the Local Agency. After consultation of the State's Inspector and the Local Agency's Project Representative, the State's directions will be implemented. In the event that the Local Agency project representative fails to concur in any State construction direction, then the matter will be referred to the State's Region 3 Traffic Engineer for resolution. 6. The State's Inspector may, in writing, suspend the construction of those portions of the Pedestrian Bridge Project within or affecting State Right of Way, wholly or in part due to the failure of the Local Agency or the Contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out provisions of this contract or the construction contract including construction modifications or directions required by the State; for such periods as the State's Inspector may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of the work or for any other condition or reason deemed to be in the public interest. The State shall notify the Local Agency and provide opportunity to correct such conditions prior to any suspension. The Local Agency shall include this provision in its contract with the Contractor. IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 03/04/2003 4 Page:9484 10.48A SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 5 �� 7. The inspections done by State's Inspector may only be visual, and any inspection does not constitute an acceptance of the workmanship or materials used in the work done by the Local Agency's contractor on the Work. Inspection by State's Inspector does not confer any liability for the work of the Pedestrian Bridge Project on State's Inspector or State. a. The Local Agency shall provide construction engineering during the construction of all elements of the Pedestrian Bridge Project. Said construction engineering will include field and office engineering, land survey controls, inspection and material testing and control by qualified personnel. b. The Local Agency shall be responsible for the administration of and payment to its contractor of all costs incurred for project construction under the construction contract with the Contractor. M. Upon satisfactory completion of construction of the Pedestrian Bridge Project, the Local Agency will issue to the State a Certificate of Final Completion showing the date of final completion and certifying that the Pedestrian Bridge Project has been constructed according to the approved plans and specifications. Determination of satisfactory completion of the Pedestrian Bridge Project shall be made by the State in accordance with the following procedures: 1. Upon due notice from the Local Agency's project representative of presumptive completion of the Pedestrian Bridge Project, the State's Inspector will participate in an inspection of the Pedestrian Bridge Project with the Local Agency and the Contractor. 2. If construction of those portions of the Pedestrian Bridge Project, within or affecting State Right of Way is found to be completed to the satisfaction of the State's Inspector, that inspection shall constitute the final inspection and the State's Inspector will notify the Local Agency in writing of the State's acceptance of the Pedestrian Bridge Project as of the date of the final inspection. 3. If the inspection discloses any work, in whole or in part as being unsatisfactory, the State's Inspector will give the Local Agency written directions for correction of same, and the Local Agency shall direct its contractor to implement the State's directions subject to the provisions of paragraph LA of this contract. 4. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. In such event, the State's Inspector will notify the Local Agency in writing of the State's acceptance of the Cross Walk Project as of the date of the final inspection. IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 03/04/2003 4 Page:9484 9 0.48A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 / 6 / � 5. Final acceptance by the State under this paragraph does not waive any State legal rights contained herein. N. The State shall not be precluded or estopped by acceptance of the Pedestrian Bridge Project work from showing at a later time that the Project work as constructed does not in fact conform to the approved as-built Plans. The State shall not be precluded or estopped by acceptance of the Pedestrian Bridge Project work from recovering from the Local Agency such damage as the State may sustain by reason of the Local Agency or the Contractor's failure to comply with the terms of this contract. Neither acceptance by the State of the Pedestrian Bridge Project work nor any possession of the constructed Pedestrian Bridge Project facilities by the State, shall operate as a waiver of any portion of this contract or of any power herein reserved, or of any right to damages. A waiver of any breach of this contract shall not be held to be a waiver of any other or subsequent breach. C. Within 60 days after Local Agency issuance and State acceptance of the Certificate of Final Completion, the Local Agency shall prepare and deliver to the State the final sets of plans and specifications (the "As-built" plans) for the Pedestrian Bridge Project, based upon field notes maintained by the Local Agency. A copy of said plans shall be made a part of this contract by reference. P. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. The State may make periodic inspections of the Pedestrian Bridge Project to verify that such improvements are being adequately maintained with respect to protection of the State's Right of Way. In the event that the Pedestrian Bridge Project is not maintained in an appropriate manner, as determined by the State, the State reserves the right to notify the Local Agency, and if such maintenance remains deficient for a period of thirty (30) days after such written notice, to perform maintenance actions deemed necessary by the State and to be reimbursed by the Local Agency for the costs of such maintenance actions. Additionally, if at any time the Pedestrian Bridge Project is determined to be obsolete, unnecessary, or a threat to the safety of the traveling public, the parties hereto shall immediately negotiate the most appropriate and mutually desirable course for removing The Pedestrian Bridge. The Local Agency shall be solely responsible for the cost of any such removal. Q. In the event the portion of State highway adjacent to or over the improvements constructed under the Pedestrian Bridge Pr^ject is widened, the Local Agency shall take all reasonable actions to provide the funding necessary for any required reconstruction of the cross walk. The State will provide the Local Agency the opportunity to review and comment on State plans for widening, r IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 0 9 9484 10:48A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 R. The State hereby reserves the right to revoke the use of State Right of Way by the Local Agency in the event the Pedestrian Bridge Project is not used as intended or if the Pedestrian Bridge Project is found to be detrimental to the highway or its structures. S. Notwithstanding any review and concurrence with the Pedestrian Bridge Project , design plans or acceptance of the final constructed Pedestrian Bridge Project; the State shall not have any liability for the construction, maintenance, or use of the Pedestrian Bridge Project or for any act or omission by the Local Agency or the Contractor. T. The term of this contract, except for provisions regarding maintenance, shall continue through the completion and final acceptance of the Pedestrian Bridge Project by the Local Agency with concurrence from the State. The covenants with regard to maintenance of the improvements constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. U. As between the parties hereto, each of them shall be responsible for its own negligence, if any, and that of its servants and employees, consistent with the provisions of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et sea. The State and the Local Agency of the respective rights and protections of either under said Act shall construe nothing in this Agreement as a waiver. V. This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns. W. The Local Agency represents and warrants that it has taken all actions that are . necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the Local Agency and to bind the Local Agency to its terms. X. In additional to other obligations set forth in this Agreement, the Locals Agency's maintenance responsibility shall consist of: 1. Repair and/or replacement of lighting, landscaping, special signage, and painting which will include the structural repairs and maintenance of the Pedestrian Bridge. 2. Snow removal inherent to the appurtenances and peculiarities of the Pedestrian Bridge. No form of water shall hinder the use of the travel ways of State Highway 82. 3. The Local Agency shall be responsible for all maintenance the Pedestrian Bridge, including any areas that fall in CDOT Right-Of-Way at the Local Agency's expense. IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII IIIII III IIIIIIIII IIII 479484 / 8a :asa SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 8 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO BILL OWENS, GOVERNOR ATTEST: By GJ. �".eO By ief CI c 14r ie>&t 6,J6� Exe ve rector DEP RT NT OF TRANSPORTATION Pitkin County ATTEST: By By ` Kam- Title +� SILVIA IIIIIIIIIIIIIIIIII111111111111111111111111111111111 47948of 9 4 03/0 94/2003 DAMS PITKIN COUNTY CO 03/0 10:48A R 0.00 D 0.00 9