HomeMy WebLinkAboutbocc.con.290.192017-11-13 btf
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 12332150.531000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form.
Contact Information:
Department
County Representative John Ely County Representative
Phone (970) 920-5193
Provide a brief description of the contract:
Contract Value Summary:
$ 30,870.00
$ -
$ -
$ 30,870.00
290.19
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
No
Healthy Rivers Whitewater Park Streamside Improvements
RiverRestoration.org, LLC
$ -
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ -
Sole Source
Construction
10/9/2019
10/8/2020
New Contract
NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage
Attorney
Oversight of streamside improvements at the Healthy Rivers and Streams whitewater park
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
New Contract Total
Rev 2018-10-10 btf
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract
with coversheet to clerk’s office for archiving.
1
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: October 10, 2019
FROM: John Ely, County Attorney
Proposed Contractor: RiverRestoration.org, LLC
Product/Service: Whitewater Park Streamside Improvements
Estimate expenditure for the above Product/Service: $ 31,000.00
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:
RiverRestoration has been a great partner to Pitkin County and the Healthy Rivers and Streams team in
designing and assisting during the installation of the Basalt Whitewater Park. Because of this partnership,
they are uniquely qualified to further assist the County in designing, managing, and installing additional
streamside improvements. Their involvement is in the best interest of the County both in terms of
knowledge retention and time-savings due to the existing wealth of knowledge held by the
RiverRestoration team.
Rev 2018-10-10 btf
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract
with coversheet to clerk’s office for archiving.
2
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
Department Head Section Head
!#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date
County Manager
Reason for Denial:
______________________________________________
!#COUNTY MANAGER SOLE#! Date
County Manager
Jon Peacock
Oct-17-2019
Contract # 290.19 Rev. 2018-10-10 btf
Budget Line Item # 12332150.531000
1
PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT, made October 9, 2019 by and between the Board of County Commissioners
of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
“County”) and RiverRestoration.org, LLC, P.O. Box 248, Carbondale, CO 81623 (hereinafter
called the “Contractor”) to perform the following work: Healthy Rivers Whitewater Park
Streamside Improvements (“Project”).
I. Term of Contract: The term of this Contract is from October 9, 2019 to October 8, 2020.
At the expiration of the initial term, the contract may be extended for an additional term of
one (1) year by the express written consent of both parties.
II. Scope of Work and Work Schedule:
A. Scope of Work: Contractor shall furnish all materials, equipment, labor,
managerial oversight, and any other necessary items required to successfully
complete the work as defined in the attached documents
B. All work performed under this Contract shall be done according to the following
work schedule:
1) Work shall be performed in accordance with any and all Federal,
State, and/or Local laws, ordinances, statutes, and/or regulations
2) Work schedule must be communicated and agreeable to Project
Lead prior to commencement.
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 of Thirty-Thousand Eight-Hundred
Seventy dollars and Zero cents ($30,870.00) 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 monthly for work
done to date.
2) Progress payments for Contracts exceeding one hundred fifty
thousand dollars ($150,000.00)
a. County shall make progress payments, within thirty (30) days of
County’s approval of Contractor’s pay request.
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Budget Line Item # 12332150.531000
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b. In accordance to amend Section 2 Colorado Revised Statutes
(C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty
thousand dollars ($150,000.00) and if the Contractor is satisfactorily
performing this Contract, progress payments shall be in an amount
equal to ninety-five percent (95%) of the calculated value of
completed Project work. If, in the opinion of the Project Lead and
County, satisfactory progress is not being made on the Project, or if
claims are filed under Section C.R.S. § 38-26-107, 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 Project Lead’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.
3) County shall make final payment, including release of retainage, to
Contractor in accordance with this Contract and Section C.R.S. § 38-26-
107, as amended.
IV. Contractor Obligations:
A. Supervision and Superintendence
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 compiles
accurately with this Contract.
2) The Contractor shall appoint and identify to the County and Project
Lead, 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 Project Lead 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 Project Lead, whether initially or as a substitute) against whom the
County or the Project Lead may have reasonable objection.
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Budget Line Item # 12332150.531000
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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 Project Lead. No acceptance by the County or the Project
Lead of any such subcontractor, supplier or other person or organization
shall constitute a waiver of any right of the County or the Project Lead to
reject defective Project work.
3) The Contractor shall be fully responsible to the County and the
Project Lead 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 Project Lead and any such subcontractor, supplier or other person or
organization, nor shall it create any obligation on the part of the County or
the Project Lead 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
Project Lead.
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 Project Lead 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. Unless otherwise provided in this Contract, the Contractor shall obtain
and pay for all construction permits and licenses. The County shall assist the
Contractor, when necessary, in obtaining such permits and licenses. The Contractor
shall pay all governmental charges and inspection fees necessary for the
prosecution of the 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.
Contract # 290.19 Rev. 2018-10-10 btf
Budget Line Item # 12332150.531000
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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 Project Lead
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 Project Lead 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 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 Project Lead 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
Contract # 290.19 Rev. 2018-10-10 btf
Budget Line Item # 12332150.531000
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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.
2) 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 course of the Contract and
not only to normal Project work hours.
3) 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
Project Lead. Each item of the Project shall be prosecuted to completion
without delay and in no instance will the Contractor be permitted to transfer
its forces from an uncompleted Project to a new Project without prior
written notification of the Contractor to the Project Lead.
a. 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
Contract # 290.19 Rev. 2018-10-10 btf
Budget Line Item # 12332150.531000
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under this Contract, and of constructing and maintaining such
approaches, crossing, intersections and any necessary features
without direct compensation, except as otherwise provided.
b. 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 Project Lead 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 Project Lead
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 Project Lead to review the
information as required.
2) The Contractor shall also submit to the Project Lead 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.
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 Project
Lead 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 notation to be made on each shop drawing submitted
to the Project Lead 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 Project Lead’s
review and approval of the shop drawing or samples.
Contract # 290.19 Rev. 2018-10-10 btf
Budget Line Item # 12332150.531000
7
6) The cost of furnishing all shop drawings and samples shall be borne
by Contractor.
V. Performance and Payment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of one half
of the total Contract value for all Contracts over fifty thousand dollars ($50,000.00),
as required by C.R.S. § 38-26-105, et seq. all Bonds shall be in the form acceptable
to the County. All Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state or it ceases to meet
the requirements of paragraph A of this Section, Contractor shall within five (5)
days thereafter substitute another Bond and Surety, both of which must be
acceptable 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.
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 from or in connection with the performance of the work hereunder by the Contractor,
its agents, representatives, employees or subcontractors.
Contract # 290.19 Rev. 2018-10-10 btf
Budget Line Item # 12332150.531000
8
The insurance requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract. The policies shall include,
or be endorsed to include, the following provision: On insurance policies where the
County is named as an additional insured, the County shall be an additional insured to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by 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.
Commercial General Liability Completed Operations coverage must be kept in effect for
up to three (3) years after completion of the project.
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 1CG 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
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Budget Line Item # 12332150.531000
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Medical Payments (Any One Person) $ 5,000
Coverage to include:
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: Statutory
Coverage Bodily/Property Damage (Each Accident)
$ 1,000,000
4) Contractors Pollution Liability: The County requires this coverage
whenever work at issue under this Contract involves potential pollution risk
to the environment or losses caused by pollution conditions (including
asbestos) that may arise from the operations of the Contractor described in
the Contractor’s scope of services. Policy shall cover the Contractor’s
completed operations. Contractors Pollution Liability coverage (including
Completed Operations) must be kept in effect for up to three (3) years after
completion of the project.
Coverage shall apply to sudden and gradual pollution conditions resulting
from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written
on a claims-made basis, the Contractor warrants that any retroactive date
applicable to coverage under the polic y precedes the effective date of this
Contract; and that continuous coverage will be maintained or an extended
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Budget Line Item # 12332150.531000
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discovery period will be exercised for a period of three (3) years beginning
from the time that work under this Contract is completed.
a. The policy shall be endorsed to include the following as Additional
Insureds: “Pitkin 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”.
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
5) Professional Liability: The Contractor shall maintain Professional
Liability covering wrongful acts, errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or in the course of
operations under this Contract resulting from professional services provided
by the Contractor as part of the Contract. Contractors Professional Liability
(Errors and Omissions) policy must be kept in effect during the project and
for up to three (3) years after completion of the project.
The policy/coverages shall be amended to include the following:
a. Coverage shall apply for three (3) years after project is complete.
b. Policy is to be on a primary basis; if other professional coverage is
carried.
Per Loss $ 1,000,000
Aggregate $ 2,000,000
6) Builders Risk Insurance or Installation Floater – Completed Value
Basis
Unless otherwise provided, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, Builders' Risk Insurance in the
amount of the initial Contract Sum, plus value of subsequent modifications,
change orders, and cost of material supplied or installed by others,
comprising total value of the entire Project at the site on a replacement cost
basis without optional deductibles.
a. Policy must provide coverage from the time any covered property
becomes the responsibility of the Contractor, and continue without
interruption during construction, renovation, or installation,
including any time during which the covered property is being
transported to the construction installation site, or awaiting
installation, whether on or off site.
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Budget Line Item # 12332150.531000
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b. Such Builders' Risk Insurance shall be maintained, unless otherwise
provided in the Contract Documents or otherwise agreed in writing
by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other
than the County’s has insurable interest in the property to be
covered, whichever is later.
c. The Builders' Risk insurance shall include interests of the County
and if applicable, affiliated or associate entities, the General
Contractor, subcontractors and sub-tier contractors in the Project.
d. The Builders' Risk Coverage shall be written on a Special Covered
Cause of Loss form and shall include theft, vandalism, malicious
mischief, collapse, false-work, temporary buildings, transit, debris
removal including demolition, increased cost of construction,
architect’s fees and expenses, flood (including water damage),
earthquake, and if applicable, all below and above ground structures,
piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and
excavation, backfilling, filling, and grading.
e. The Builders’ Risk shall include a Beneficial Occupancy
Clause. The policy shall specifically permit occupancy of the
building during construction. Contractor shall take reasonable steps
to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses
within the Builder’s Risk Policy. The Builder’s Risk Policy shall
remain in force until acceptance of the project by the County.
f. Equipment Breakdown Coverage (a.k.a. Boiler & Machiner y) shall
be included as required by the Contract Documents or by law, which
shall specifically cover insured equipment during installation and
testing (including cold and hot testing).
g. The deductible shall not exceed $25,000 and shall be the
responsibility of the Contractor except for losses that involve all
Acts of God such as flood, earthquake, windstorm, tsunami,
volcano, etc.
7) Special Coverages (check as appropriate and insert amount):
a. ☐ Performance Bond $
i. ☐ Labor and Material $
ii. ☐ Payment Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Boiler and Machinery
f. ☐ Loss of Use Insurance
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Budget Line Item # 12332150.531000
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g. ☐ 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 Pitkin County Procurement 530 E Main Street, Suite
#304, Aspen, CO 81611. 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 Project Lead 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 Procurement Department at procurement@pitkincounty.com, 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.
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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.
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 Project Lead 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 Project Lead.
5) If the Contractor disturbs any of the landscape not called for
removal, it shall restore those areas as directed by the Project Lead 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 Project Lead 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 Project Site.
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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.
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 Project Lead 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 Project Lead 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 Project Lead 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
Project Lead 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
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Project Lead 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 Project Lead 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 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 Project Lead with a complete and itemized
proposal of Contract price and time adjustments. The proposal shall
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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 Project Lead,
in his/her discretion may have granted in writing, it waives any
claim for an 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 Project Lead, 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 One (1) year
from date of Final Payment. Landscaping replacement shall be warranted for
two (2) growing seasons.
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,
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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 Project Lead; or
c. Enforce all warranties for the benefit of the County, if directed by the
Project Lead.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Project. The Project Lead and the Project Lead’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
Project Lead 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 Project Lead’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 Project
Lead.
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
Project Lead, it must be uncovered for observation. Such uncovering and
testing when required by the Project Lead shall be at the Contractor's expense.
5) Neither observations by the Project Lead 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 Project Lead 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
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been rejected by the Project Lead 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 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 Project Lead 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 Project Lead 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
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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
October 8, 2020. Liquidated damages of Zero dollars and Zero cents ($0.00) per calendar
day shall be paid if project is not completed by that deadline.
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
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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 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
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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.
XV. Independent Contract 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 to 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 i ncome
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 Time.
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 Project Lead for reference. Upon completion of the Project, these
record documents and samples will be delivered to the Project Lead 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
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shall preserve and make available all data and records until the expiration of three (3)
years from the date of final 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. Any use of subcontractors by the Contractor for performance of this Contract must
be accepted in writing by the County.
B. 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.
C. 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.
D. 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.
E. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its
costs and reasonable attorney’s fees.
F. 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, C.R.S., § 24-10-101, et seq., 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.
G. 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
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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.
H. Notice. Any notice required or permitted under this Contract shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below
and by one of the following methods 1) hand-delivery or 2) registered or certified
mail, postage pre-paid to the mailing addresses set forth below. Each party by notice
sent under this paragraph may change the address to which future notices should be
sent. Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall
be construed to preclude personal service of any notice in the manner prescribed
for personal service of a summons or other legal process.
To Pitkin County:
John Ely
530 E Main Street
Aspen, CO 81611
Email: John.Ely@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Email: Attorney@pitkincounty.com
To Contractor:
RiverRestoration.org, LLC
P.O. Box 248
Carbondale, CO 81623
Phone: (970) 947-9568
Email:
Jason.Carey@RiverRestoration.org
I. 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 mak es 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, 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.
Contract # 290.19 Rev. 2018-10-10 btf
Budget Line Item # 12332150.531000
24
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 Project Lead written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the
written resolution thereof by Project Lead 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, et seq., as amended and C.R.S.
§§ 24-76.5-101, et seq., as amended:
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[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 established under Pub. L. 104-208 or the State verification program established
pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract
with an illegal alien to perform work under this Contract or enter into a contract with a
Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. Contractor (i)
shall not use E-Verify Program or State program procedures to undertake pre-employment
screening of job applicants while this Contract is being performed, (ii) shall notify the
Subcontractor and the contracting State agency within 3 days if Contractor has actual
Contract # 290.19 Rev. 2018-10-10 btf
Budget Line Item # 12332150.531000
25
knowledge that a Subcontractor is employing or contracting with an illegal alien for work
under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice, and
(iv) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and
Employment. If Contractor participates in the State 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 State program.
If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et
seq., C.R.S., 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. §§24-76.5-101, et seq., C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United
States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et
seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103,
C.R.S. prior to the Effective Date of this Contract.
Contract # 290.19 Rev. 2018-10-10 btf
Budget Line Item # 12332150.531000
26
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
RIVERRESTORATION.ORG, LLC
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
_________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
SECTION APPROVAL:
________________________________________________
!#SECTION LEADER#! Date
Managing Member
Jason Carey
Oct-16-2019
Jon Peacock
County Manager
Oct-17-2019
RiverRestoration
Professional Services Agreement
This is an agreement made as of this 17th_day of ___September, 2019__,between:
Pitkin County (Client) and RiverRestoration.org ,LLC (RiverRestoration) a Colorado Limited Liability
Company.
Client hereby retains RiverRestoration to perform services in connection with:_Health Rivers Whitewater
Park (Project) as described in Attachments A and B dated _September 17, 2019_.RiverRestoration agrees to
perform the services in consideration of the compensation described in Attachment A and in accordance with
the terms described in the attached Standard Terms and Conditions.
This Agreement consists of this document together with Attachment A -Project Requirements and the attached
Standard Terms and Conditions,12/31/2018. This agreement between the Client and RiverRestoration.org
supersedes all prior written and oral understandings pertaining to the Project. This agreement may only be
amended, supplemented, modified or canceled by a duly-executed written instrument.
In executing this Agreement, the undersigned also acknowledge their authority to bind the parties to all terms
and conditions.
In witness whereof, the parties hereto have made and executed this Agreement as of the day and year first
written.
CLIENT ADDRESS:
Pitkin County Attorneys Office
530 E. Main Street
Suite 301
Aspen, CO 81611
970-920-5190
RiverRestoration.org ,LLC
P.O. Box 248
818 Industry Place
Carbondale, CO 81623
970-947-9568
By:By:
John Ely, Pitkin County Attorney Jason Carey,Managing Member
RiverRestoration.org , LLC page 1 Standard Terms and Conditions 12/31/2018
RiverRestoration
Standard Terms & Conditions
Services:RiverRestoration will perform services for the Project as set forth in Attachment A and in accordance with these Terms &
Conditions.RiverRestoration has developed any Project scope of service, schedule, and compensation based on available information
and various assumptions. The Client acknowledges that adjustments to the scope of services,schedule or compensation may be
necessary based on the actual circumstances encountered by RiverRestoration in performing their services.
Authorized Representatives:The officer assigned to the Project by RiverRestoration is the only authorized representative to make
decisions or commitments on behalf of RiverRestoration. The Client shall designate a representative with similar authority.
Project Requirements:The Client shall confirm the objectives, requirements, constraints, and criteria for the
Project at its inception. If the Client has established design standards, they shall be furnished to RiverRestoration at Project inception.
RiverRestoration will review the Client design standards and may recommend alternate standards considering the standard of care
provision.
Right of Entry:The Client shall obtain all necessary approvals for RiverRestoration, its agents and subconsultants to access the
Project site(s).
Period of Service:RiverRestoration shall perform the services for the Project in a timely manner consistent with sound professional
practice.RiverRestoration will strive to perform its services according to any Project schedule set forth in Attachment A.
RiverRestoration shall be entitled to an extension of time for any delay beyond RiverRestoration control.
Compensation:In consideration of the services performed by RiverRestoration, the Client shall pay RiverRestoration in the manner
set forth in Attachment A. The parties acknowledge that terms of compensation are based on an orderly and continuous progress of the
Project. Compensation shall be equitably adjusted for delays or extensions of time beyond the control of RiverRestoration.
Payment Definitions:The following definitions shall apply to methods of payment:
Lump Sum is defined as a fixed price amount for the scope of services described.
Standard Rates is defined as individual time incurred multiplied by standard billing rates for that individual. Standard Rates
may increase by 4 percent on January 1 and every year thereafter.
Subcontracted Services are defined as Project related services provided by other parties to RiverRestoration. Subcontracted
Services may include an additional 12 percent charge.
Reimbursable Expenses are defined as actual expenses incurred in connection with the Project.
Payment Terms:RiverRestoration shall submit monthly invoices for services performed and Client shall pay the full invoice amount
within 30 days of the invoice date. Invoices will be considered correct if not questioned in writing within 10 days of the in voice date.
RiverRestoration shall be entitled to a 2% per month administrative charge in the event of payment delay. Client payment to
RiverRestoration is not contingent on arrangement of project financing. Invoice payment delayed beyond 60 days shall give
RiverRestoration the right to stop work until payments are current. Non-payment beyond 90 days shall be just cause for termination
by RiverRestoration.
Additional Services:The Client and RiverRestoration acknowledge that services are limited to those identified in Attachment A and
that additional services may be necessary for the Project or requested by the Client to address issues that may not be known at Project
initiation or address circumstances that were not specified in Attachment A.RiverRestoration's scope of services shall not be
increased or reduced without RiverRestoration's written consent. If scope is increased,RiverRestoration's fee shall be increased
accordingly.
Independent Consultant:RiverRestoration shall serve as an independent consultant for services provided under this agreement.
RiverRestoration shall retain control over the means and methods used in performing their services and may retain subconsultants to
perform certain services as determined by RiverRestoration. In the event of a dispute, Client agrees to make claim against
RiverRestoration.org LLC as a limited liability company only and not against any individual, employee, owner, officer, director or
agent of RiverRestoration.
RiverRestoration.org , LLC page 2 Standard Terms and Conditions 12/31/2018
Standard of Care:Services provided by RiverRestoration will be performed with the care and skill ordinarily exercised by members
of the profession,practicing the same specialty,under similar circumstances.RiverRestoration will not be liable for the cost of any
omission that adds value to the Project.
Compliance with Laws:RiverRestoration shall perform its services consistent with sound professional practice and endeavor to
conform to all laws, regulations, codes, and standards applicable at the time the work is performed. In the event that standards of
practice or applicable rules are known to change during the Project,RiverRestoration shall be entitled to additional compensation
where additional services are needed to conform to the standard of practice or applicable rules.
Permits and Approvals:If included in the scope of service,RiverRestoration will assist the Client in preparing applications and
supporting documents, as for the Client to seek permits and approvals from agencies having jurisdiction over the Project.
RiverRestoration has no preview over any permits and does not warrant or guarantee regulatory approvals.The Client agrees to pay
any application or review fees.
Ownership of Documents:Documents prepared by RiverRestoration for the Project are instruments of service and shall remain the
property of RiverRestoration except as stated below. Record documents of service shall be based on the sealed and signed copy.
RiverRestoration may furnish working or draft documents electronically that are for limited purposes of the specific Project and may
be protected otherwise under the Uniform Trade Secrets Act.RiverRestoration assigns to Client the copyrights to all Record
documents created pursuant to this contract, including the right to: 1) reproduce the work; 2) distribute copies to the public; 3) perform
the works publicly; and 4) to display the work publicly for the limited purposes which it is intended.RiverRestoration shall not be
held liable for the mis-use of documents for any purpose other than those limited purposes authorized herein.
Insurance:RiverRestoration will maintain the following insurance coverage limits during the period of service. The Client may
request additional coverages, or limits or to be named as additional insured on the Commercial General Liability policy provided that
the Client pays associated fees. The Client shall make arrangement for Builder’s Risk, Protective Liability, Pollution Prevention and
other specific insurance coverage required or obtained for the Project in amounts appropriate to the Project value and risks.
RiverRestoration shall be named insured on those policies.The Client shall obtain the counsel of others in setting insurance limits for
construction contracts.
Workers Compensation: As required by applicable state statute.
Commercial General Liability: $1,000,000 per occurrence (bodily injury including death and property damage) $2,000,000
aggregate.
Professional Liability: $1,000,000 each claim and in the aggregate.
Automobile Liability:Required minimums per state statutes.
Indemnification:RiverRestoration shall indemnify the Client from any reasonable damages caused by a proven negligent act, error,
or omission of RiverRestoration in the performance of services under the Project. If such damage results in part by the negli gence of
another party,RiverRestoration shall be liable only to the extent of their proportional negligence. The Project may include
modifications to public waters. The Client acknowledges the inherent risks associated with public waters and that not all of those
inherent risks can be foreseen or mitigated by RiverRestoration.
Limitation of Liability:In recognition of the relative risks and benefits of the project to both the Client and RiverRestoration the
risks have been allocated.Provided RiverRestoration has in place the insurance coverages required above, Client agrees to limit the
liability of RiverRestoration for all claims related to the Project to the available and applicable insurance proceeds.
Third Party Claims:The Client will compensate RiverRestoration for services performed in defense of any third party claim unless
the claim resulted from the negligent act, error or omission of RiverRestoration.
Legal Expense:In the event that either party takes legal action against the other that is not prosecuted, is dismissed, or if the decision
is rendered for the other party, the party taking legal action agrees to pay the other their attorney fees, court costs, and defense
expenses within 30 days of the court action.
Lien Rights:RiverRestoration may file a lien against the Client's property in the event that the Client does not make payment within
the time prescribed in this agreement. The Client agrees that services by RiverRestoration are considered property improvements and
the Client waives the right to any legal defense to the contrary.
RiverRestoration.org , LLC page 3 Standard Terms and Conditions 12/31/2018
Consequential Damages:Neither the Client nor RiverRestoration shall be liable to the other for incidental, indirect or consequential
damages regardless of the nature or fault. This mutual wavier of damages includes, but is not limited to, claims for loss of use,
income, profit, financing, business, reputation, or claims for delay damages or damages due to either party's performance under this
agreement.
Environmental Matters:The Client warrants they have disclosed all potential hazardous materials that may be encountered on the
Project. In the event unknown hazardous materials are encountered,RiverRestoration shall be entitled to additional compensation for
appropriate actions to protect the health and safety of its personnel, and for additional services required to comply with applicable
laws. The Client shall indemnify RiverRestoration from any claim related to hazardous materials encountered on the Project..
Cost Opinions:RiverRestoration shall prepare cost opinions for the Project based on historical information that represents the
judgment of a qualified professional. The Client and RiverRestoration acknowledge that actual costs may vary from the cost opinions
prepared and that RiverRestoration is not providing price quotes or guarantees related to the Project cost.
Independent Counsel:The Client agrees to obtain independent legal, real-estate,financial and other related counsel for the Project
and acknowledges that RiverRestoration does not furnish these services.
Contingency Fund:The Client acknowledges the potential for changes in the work during construction and the
Client agrees to include a contingency fund in the Project budget appropriate to the potential risks and uncertainties associated with
the Project.RiverRestoration may offer advice concerning the value of the contingency fund; however,RiverRestoration shall not be
liable for additional costs that the Client may incur beyond the contingency fund they set aside.
Contractor Selection:RiverRestoration may make recommendations concerning award of construction contracts and products.
Client acknowledges that the work is specialized, and Contractor Selection should not be performed solely on low bid.The Client
acknowledges that the final selection of construction contractors and products is their sole responsibility.
Shop Drawing Review; Equipment:If included in the scope of service,RiverRestoration shall review shop-drawing submittals from
the contractor solely for their conformance with the design intent of and performance criteria specified for the Project.
RiverRestoration shall not be liable for the performance of or consequential damages caused by any equipment furnished by the
contractor under the Project.
Construction Review:If included in the scope of service,RiverRestoration shall make limited and intermittent observations of the
progress and content of the work to determine if the work is proceeding in general ac cordance with the Contract Documents. This
construction review is intended to observe, document, and report information concerning the construction process. Observation of
work at the Project site shall not make RiverRestoration responsible for the work performed by another party, the means, methods,
techniques, sequences, or procedures selected by another party, nor the safety precautions or programs of another party.
Rejection of Work:RiverRestoration may recommend that the Client reject work by construction contractors that does not conform
to the requirements of the Project.Client has the sole responsibility to reject or accept work.
Safety:RiverRestoration shall be responsible solely for the safety precautions or programs of its employees and no other party.
Right to Rely:The Client and RiverRestoration acknowledge that RiverRestoration will rely on information furnished by other
parties in performing its services under the Project RiverRestoration may be furnished reports or information by on behalf of the
Client, and RiverRestoration shall be entitled to rely upon the accuracy,timeliness,and completeness of such reports and information.
RiverRestoration shall not be liable for any damages that may be incurred by the Client in the use of th ird-party information.
Construction Record Drawings:If included in the scope of service,RiverRestoration will deliver drawings to the Client
incorporating information furnished by construction contractors.To the extent that construction record drawings are based on
information provided by others,RiverRestoration cannot and does not warrant their accuracy.
Force Majeure:Neither party will hold the other responsible for damages or delay caused by Acts of God, acts of war, strikes,
accidents, or other events beyond the other's control.
Dispute Resolution:The Client and RiverRestoration agree that any claim or dispute arising out of their respective obligations under
this Agreement shall be subject to voluntary mediation as a pre-condition to the initiation of legal proceedings. Resolution of all
RiverRestoration.org , LLC page 4 Standard Terms and Conditions 12/31/2018
disagreements shall be diligently pursued within 45 days of either party's written notice using a mutually acceptable form of mediated
dispute resolution prior to exercising their rights under law.RiverRestoration shall continue to perform services for the Project and the
Client shall pay for such services during the dispute resolution process a written notice to suspend work is issued.The statute of
limitations accrues on the date of the relied upon Record Document. The statute of repose expires 5 years after the date of the Record
Document.
Suspension of Work:The Client or RiverRestoration may suspend services performed by RiverRestoration without cause upon
fourteen (14) days written notice.RiverRestoration shall submit an invoice for services performed up to the effective date of the work
suspension and the Client shall pay RiverRestoration all outstanding invoices within fourteen (14) days.RiverRestoration shall have
no liability to the Client for delay or damage caused to the Client because of such suspension of services.
Termination:The Client or RiverRestoration may terminate services on the Project upon fourteen (14) days written notice for any
cause.RiverRestoration shall submit an invoice for services performed up to the effective date of termination and the Client shall pay
RiverRestoration all outstanding invoices within fourteen (14) days. The Client may withhold an amount for services that may be in
dispute provided that the Client furnishes a written notice of the basis for their dispute and the amount withheld represents a
reasonable value.
Governing Law:The terms of agreement shall be governed by the laws of Colorado provided that nothing contained herein shall be
interpreted in such a manner as to render it unenforceable under the laws of the state in which the Project resides.
Assignment:Neither party shall assign its rights, interests or obligations under the Project without the express written consent of the
other party.
Waiver of Rights:The failure of either party to enforce any provision of these terms and conditions shall not constitute a waiver of
such provision nor diminish the right of either party to the remedies of such provision.
Warranty:RiverRestoration warrants that they will deliver products under the Project within the standard of care.RiverRestoration
provides no other expressed or implied warranty.
Severability:Any provision of these terms later held to be unenforceable or to violate any law shall be deemed void and all remaining
provisions shall continue in force. In such event, the Client and RiverRestoration will work in good faith to replace an invalid
provision with one that is valid and as close to the original meaning as possible.
Unilateral Changes:If Client makes any unilateral modifications to this Agreement,they shall not become part of this Agreement
and shall not be enforceable unless and until initialed by an authorized representative of RiverRestoration.
Survival:All provisions of these terms that allocate responsibility or liability between the Client and RiverRestoration shall survive
the completion or termination of services for the Project.
Standard Terms & Conditions Rev 12/31/2018
RiverRestoration.org , LLC
Professional Services Agreement
Attachment A -Project Requirements
Client Pitkin County
Project Description Healthy Rivers Whitewater Park
Scope of Services See Attachment B –Scope of Services
Services Available for
Additional Fee
Services Not Being
Provided
Professional Land Survey, Professional Landscape Architecture, Structural
Engineering, Geotechnical Engineering, Mechanical Engineering, Electrical
Engineering, Architecture, public involvement,fundraising
Special Assumptions
Project Schedule To be determined by Project’s primary consultant, Blue Green
Method of Compensation Standard Rates, Subcontracted Services and Reimbursable Expenses
Standard Rates See Attachment C -Standard Rates and Opinion of Service Effort
Supplemental Terms and
Conditions
Attachment B v2 –9-17-19
Scope of Services –Healthy Rivers Whitewater Park Project
Page |B 1
Introduction
RiverRestoration will contract with Pitkin County to perform the services described in detail below.
The scope of services and opinion of service efforts were developed assuming a Time and Materials
reporting and payment format.RiverRestoration will work with the project’s primary consultant,
landscape architecture firm Blue Green,and other consultants, including a civil engineer, structural
engineer, geotechnical engineer and traffic engineer to develop and permit the project as described
in the conceptual level drawings provided by Blue Green.RiverRestoration will work with Blue
Green to develop a project schedule for the services described below that fits in with the overall
project schedule, managed by Blue Green.
RiverRestoration will be responsible for the design and construction document preparation of the
following assigned project elements:
Fishman’s Park boat ramp rebuild which is defined as from the edge of pavement on Two
Rivers Road to the west end of the boat ramp in the Roaring Fork River, including any
footers. Will also include boulder placement in the Roaring Fork River for flow velocity and
direction management.
Invasive species vegetation management area, which is defined as from the Fishman’s Park
boat ramp to 500 feet upstream and in between Two River Road the centerline of the
Roaring Fork River.
As part of the design of these assigned project elements, RiverRestoration will need survey,
structural engineering and geotechnical engineering services. The County will need to contract with a
consultant to provide these services.Other project elements will be developed and produced by
other project team members as part of separate contracts.
RiverRestoration will perform hydraulic modeling for the project. This modeling effort will include:
A one-dimensional flood impact evaluation of the boat ramp (by RiverRestoration), and
proposed boardwalk/pedestrian bridge/other amenities provided by the project team’s
landscape architect/civil engineer.
Two-dimensional hydraulic model of boat ramp for layout and configuration of the
structure.
RiverRestoration will be responsible for preparing permit applications with the USACE and the
Pitkin County floodplain administrator for the complete project, including proposed project
elements assigned to other project team members such as the landscape architect and the civil
engineering consultants.
Key services that are not included in this scope of services:structural, geotechnical and traffic
engineering; landscape architecture; overall management of the project and deliverables, and
construction support services.
RiverRestoration appreciates being included on the project team. We look forward to getting started
on this exciting project.
Attachment B v2 –9-17-19
Scope of Services –Healthy Rivers Whitewater Park Project
Page |B 2
Task 1 -Project Management and Coordination
The purpose of this task is to provide management and coordination for the project .This task
includes the following work activities:
Submit monthly progress reports with invoice. Monthly progress reports will reflect
hourly/percent complete progress for each activity and identify budget status and tasks
performed to date during the billing period.
Attend Project Kickoff Meeting in person with Pitkin County, Blue Green and other project
team members.
General coordination with Pitkin County, Blue Green and other project team members.
Deliverables:
Monthly status reports and invoices
Assumptions:
Project kickoff meeting and general coordination will be organized Blue Green or other
consultant team members.
Task 2 –Site Survey
This purpose of this task is to review the project base map created by others and provide comments:
This task includes the following work activities:
Review base map and provide comments.
Deliverables:
Base Map review comments.
Assumptions:
Site survey will be performed by others for this project. RiverRestoration assumes that the
following critical activities will be performed by others in a timely manner for
RiverRestoration to complete the scoped tasks:
o Parcel boundary identification,
o Water rights
o Full topographic survey and bathymetric survey of the Fisherman’s park boat ramp
(including trees);
o Wetland delineation, flagging and survey;and ordinary high water delineation,
flagging, and survey.
o Cross section survey for the floodplain analysis.
RiverRestoration assumes that the data listed above will be provided in AutoCAD Civil 3D
format, including points, linework and Civil 3D surfaces.
The scope does not include Professional Land Surveying (PLS), Land, Easements, Rights -
Of-Way and Disposal Areas (LERDs) or water rights.
Task 3 –Hydrologic and Hydraulic Analysis
This purpose of this task is to perform the hydrologic and hydraulic analysis of the project reach,
including existing conditions and proposed concepts. This task includes the following work
activities:
Attachment B v2 –9-17-19
Scope of Services –Healthy Rivers Whitewater Park Project
Page |B 3
Review existing hydrologic studies and determine design flows for the floodplain analysis
and the hydraulic design of the Fisherman’s Park boat ramp rebuild.
Develop a 1D model of the existing project reach in HEC-RAS program. Model will be used
as baseline for floodplain impact analysis.
Develop a 1D model of proposed conditions in HEC-RAS for floodplain impact analysis.
o Proposed model will include project proposed improvements located within the 100 -
year floodplain, including bridge abutments, boardwalks locations and other
proposed project bankside improvements (type, size and location provided by
others).
Develop 2D model of proposed conditions in SRH-2D for detailed design of the proposed
boat ramp rebuild.
Perform sediment transport/stability calculations for the boat ramp footer depths and
configuration.
Document hydraulic design in a short technical memorandum.
Update models, analysis and technical memorandum as part of the 100% design process.
Deliverables:
Draft and final hydraulics technical memorandum.
Electronic copies of the SRH-2D and HEC-RAS files for the County’s files.
Assumptions:
Configuration of bridge abutments, boardwalks and other planned bankside improvements
will be provided by landscape architect/civil engineering members of the project team in
georeferenced AutoCAD format for hydraulic analysis.
For the flood plain analysis, up to two (2)iterations of the proposed project design will be
evaluated.
Current Roaring Fork River,Eagle/Pitkin County Effective FIS model will be used as
starting point for HEC-RAS modeling.
Morphology of the channel will no significantly alter from existing condition.
The design selected by the County and stakeholder group will be able to achieve a “no-rise”
condition. A CLOMR/LOMR or FEMA coordination is not included herein and would
require additional scope and fees.
Task 4 –Preliminary Plans and Engineer's Opinion of Cost–The purpose of this task is to
create a preliminary construction plan set and construction cost opinion of the assigned project
elements.The preliminary design and supporting documents may be used for the permitting
application and the County and stakeholder group fundraising efforts. This task includes the
following work activities:
Develop preliminary design for assigned project elements (see definition in introduction
paragraph of this document).
Create a preliminary planset that includes the assigned project elements to a 60%design
level.
Develop preliminary opinion of probable cost for assigned project elements.
Attachment B v2 –9-17-19
Scope of Services –Healthy Rivers Whitewater Park Project
Page |B 4
Attend 60% Design Review meeting with County, Bluegreen and other project stakeholders .
Deliverables:
Preliminary Plan Set in PDF format.
Preliminary Opinion of Cost in PDF format.
Response to County and stakeholder review of 60% design comments.
Assumptions:
RiverRestoration will use 30%concepts provided by Blue Green and approved by Pitkin
County as the basis for the preliminary design of the boat ramp rebuild and vegetation
management.
RiverRestoration will provide plan sheets and cost opinion of assigned project elements to
Blue Green for incorporation into the overall 60% planset.
The scope does not include structural engineering, geotechnical engineering, traffic
engineering or landscape architecture.The services will be required for the complete design
of the assigned project elements. County will need to contract with a consultant to provide
these services.
County staff or other project team members will handle logistics for the stakeholder review
meeting.
Task 5 –Stakeholder and Public Meetings
The purpose of this task it to attend stakeholder and public meetings.Activities associated with this
task include:
Prepare for and attend one (1) stakeholder meeting.
Prepare for and attend one (1) public meeting.
Deliverables:
Notes from stakeholder and public meetings.
Assumptions:
Other Project Team member or Stakeholder group will handle logistics for the public and
stakeholder meetings, including advertisements, invitations, booking venue and
refreshments.
RiverRestoration will only be responsible for preparing for and presenting assigned project
elements at stakeholder and public meetings.
Task 6 –Approvals
The purpose of this subtask is to prepare technical documentation to support permit applications
for the project as it relates to impacts to waters of the United States and impacts to the floodplain.
This sub-task includes the following work activities:
Coordinate with federal,state and local agencies as the project progresses to identify project
constraints and work windows associated with permitting the project.
Complete a Nationwide Permit Pre-Construction Notification (PCN) cover letter and form
and submit to the Grand Junction regional office of the US Army Corps of Engineers
Attachment B v2 –9-17-19
Scope of Services –Healthy Rivers Whitewater Park Project
Page |B 5
Perform a floodplain impact analysis of the proposed project with a 1D HEC-RAS hydraulic
model.
Draft a no-rise certification letter and submit to Pitkin County floodplain administrator.
Deliverables:
Summaries of meetings and phone discussions with agencies in email format.
PCN cover letter and form.
Copy of updated 1D HEC-RAS model used for analysis.
Copy of No-rise Certification letter submitted to Pitkin County.
Assumptions:
A cultural resource study will not be required for this project.
A wetland delineation and wetland delineation report are required for this project and these
services will be performed by others and are not included herein.
Design selected by the County will qualify for a Nationwide Programmatic (NWP)Permit,
either NWP 36 or NWP 42.Individual consultation and a Biological Assessment will not be
required. If the project cannot qualify for a Nationwide Permit, additional scope and fees
will be required.
Pitkin County will compile and submit a final application and pay any fees associated with
permit submittals and/or reviews.
Task 7 –Final Plans, Specifications, and Engineer’s Opinion of Cost
The purpose of this subtask is to develop Final design plans and engineer’s opinion of costs for the
purpose of providing a set of plans and specifications that Pitkin County staff will use to bid and
construct the project. This sub-task includes the following work activities:
Develop Final Design Plans for the assign project elements: Fisherman’s Park boat ramp
rebuild and vegetation management area upstream of the boat ramp. Plans will build upon
the 60% Design Plans.
Develop Final Engineers Opinion of Cost for assigned project elements.
Develop Construction Specifications for the assign project elements construction.
Meet with County staff,project team and stakeholders to review Final Plans and Engineer’s
Opinion of Cost.
Deliverables:
Final design plans of the assigned project elements in PDF format.
AutoCAD files of xrefs, Civil 3D files and sheet files.
Final Engineer’s Opinion of Cost for assigned project elements.
Final Construction Specifications for assigned project elements.
Assumptions:
RiverRestoration is only responsible for technical specifications related to the assigned
project elements.
RiverRestoration will provide plan sheets, specifications and cost opinion of assigned project
elements to Blue Green for incorporation into the overall Final design planset.
Attachment B v2 –9-17-19
Scope of Services –Healthy Rivers Whitewater Park Project
Page |B 6
County staff or other project team members will handle logistics for the stakeholder review
meeting.
The scope does not include structural engineering, geotechnical engineering, traffic
engineering or landscape architecture. The services will be required for the complete design
of the assigned project elements. County will need to cont ract with a consultant to provide
these services.
Task 8 –Bid Services
The purpose of this subtask is to support Pitkin County in the bidding and contract award process .
This sub-task includes the following work activities:
Attend pre-bid meeting.
Respond to contractor questions related to assigned project elements:Fisherman’s Park boat
ramp rebuild and vegetation management area upstream of the boat ramp.
Issue clarifications/addenda related to assigned project elements. Assume one (1) ad denda
will be required.
Assist in evaluation of bidders and provide County staff with recommendation.
Deliverables:
Responses to contractor questions.
Clarifications / addenda.
Assumptions:
RiverRestoration will not be responsible for assembling or advertising bid package or
organizing/managing responses to contractor questions.
Scope and fees do not include Construction Support services.
Attachment C
RiverRestoration Standard Rates, Opinion of Service Effort and Reimbursable Expenses
Client: Pitkin County
Project: Healthy Rivers Whitewater Park v2
Task Description
Principal
Engineer
(RRO)
Engineer II
PE/PM (RRO)Engineer I PE
Engineer EIT
I
Watershed
Scientist
Travel Time
(RRO)
Total
Hours
Total Budget
by Task
1.0 Project Management and Coordination 9 1 10 $1,375
2.0 Site Survey 2 2 $294
3.0 Hydrologic and Hydraulic Analysis 1 14 16 18 49 $6,110
4.0 Preliminary Plans and Engineer's Opinion of Cost 4 16 44 9 1 74 $8,500
5.0 Stakeholder and Pubic Meetings 4 2 6 $691
6.0 Approvals 18 28 46 $5,390
7.0 Final Plans, Specifications, and Engineer's Opinion of Cost 2 22 2 30 2 1 59 $7,082
8.0 Bid Services 6 2 1 9 $1,130
Total Hours 7 91 18 122 11 6 255
Standard Rates $176.00 $147.00 $132.00 $98.00 $120.00 $51.50
Total Labor Cost $1,232 $13,377 $2,376 $11,956 $1,320 $309 $30,570
Reimbursable Expenses $300
Consultant Total $30,870
September 17, 2019
Certificate Of Completion
Envelope Id: 03F9048A992A4410B8A29D8DCC4ED808 Status: Completed
Subject: RiverRestoration.org, LLC | Pitkin County Contract 290.19 for Review and Signature
Source Envelope:
Document Pages: 42 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 65.38.144.66
Record Tracking
Status: Original
10/10/2019 9:02:17 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Jason Carey
jason.carey@riverrestoration.org
Managing Member
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 67.223.174.122
Sent: 10/16/2019 7:56:25 AM
Viewed: 10/16/2019 8:19:19 AM
Signed: 10/16/2019 8:20:31 AM
Electronic Record and Signature Disclosure:
Accepted: 10/16/2019 8:19:19 AM
ID: 0e592483-3c0a-40f9-8362-25733823be75
Company Name: Pitkin County, Colorado
Jon Peacock
Jon.Peacock@PitkinCounty.com
County Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.209.14.4
Signed using mobile
Sent: 10/16/2019 8:20:34 AM
Viewed: 10/17/2019 9:51:17 AM
Signed: 10/17/2019 9:52:03 AM
Electronic Record and Signature Disclosure:
Accepted: 6/12/2019 9:29:00 AM
ID: 917e30ed-8186-40bf-b2f9-0336f129484c
Company Name: Pitkin County, Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Lisa MacDonald
Lisa.MacDonald@PitkinCounty.com
Paralegal
Security Level: Email, Account Authentication
(None)
Using IP Address: 65.38.144.66
Sent: 10/10/2019 9:41:18 AM
Viewed: 10/11/2019 3:24:30 PM
Electronic Record and Signature Disclosure:
Certified Delivery Events Status Timestamp
Accepted: 6/18/2019 2:36:14 PM
ID: c9cf2965-5bcd-4be1-b389-5014dec0bde2
Company Name: Pitkin County, Colorado
Michael Scurlock
michael.scurlock@riverrestoration.org
Security Level: Email, Account Authentication
(None)Using IP Address: 67.223.174.122
Sent: 10/11/2019 3:24:31 PM
Viewed: 10/16/2019 7:56:25 AM
Electronic Record and Signature Disclosure:
Accepted: 10/16/2019 7:56:25 AM
ID: 18dd19b3-cee8-4063-a3ad-d440a3e4bc33
Company Name: Pitkin County, Colorado
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 10/17/2019 9:52:07 AM
Resent: 10/17/2019 9:52:13 AM
Viewed: 10/25/2019 3:52:25 PM
Electronic Record and Signature Disclosure:
Accepted: 6/21/2019 11:35:47 AM
ID: f4b0c7d5-e378-4bad-8806-08d16f6ff44c
Company Name: Pitkin County, Colorado
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/17/2019 9:52:07 AM
Certified Delivered Security Checked 10/17/2019 9:52:07 AM
Completed Security Checked 10/17/2019 9:52:07 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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available to me by Pitkin County during the course of my relationship with you.
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Pitkin County may not require all document signers to be authorized users of the Pitkin County
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Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 6/11/2019 12:14:06 PM
Parties agreed to: Jason Carey, Jon Peacock, Lisa MacDonald, Michael Scurlock, Pitkin County Procurement
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