HomeMy WebLinkAboutbocc.con.249.238/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 11836360.531000.10067
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department
County Representative Carly O'Connell County Representative
Phone (970) 379-4840
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 28,600.00
$ -
$ -
$ 28,600.00
Open Space & Trails
Contract to provide engineering services for the Deer Creek parcel catch basin project.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
No
Deer Creek Catch Basin Engineering Services
Roaring Fork Engineering
$ 28,600.00
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ 28,600.00
Sole Source
Services/Maintenance
3/15/2024
6/1/2024
New Contract
249.23
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
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:
DATE:
FROM:
Jon Peacock, County Manager
March 15, 2024
Carly O'Connell Planner and Landscape Architect
Proposed Contractor: Roaring Fork Engineering Product/Service: Civil Engineering Services
Estimate expenditure for the above Product/Service: $ 28,600.00
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:
In the spring of 2023, Open Space and Trails contracted Yeh and Associate to prepare a geohazard review
of the open space parcel, Deer Creek. Yeh and Associates was selected because they had prepared
previous reports for a prior owner and, therefore, had prior knowledge of the site. The prepared review
included recommended mitigation measures to reduce risk to the human dwellings on site. Yeh and
Associates provided recommendations for two civil engineers. Roaring Fork Engineering was selected to
prepare the contruction drawing necessary to obtain earthmoving permits and construct a catch basin to
divert debris flow because of their availability to complete these services by the spring of 2024. This
timing is key to a spring construction start date. Completion of the catch basin is a priority of Community
Development Staff in order to reduce risk to the two human dwellings that exist on site.
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
Mar-20-2024
Gary Tennenbaum
Pitkin County Open Space and Trails Director
Rich Englehart
Deputy County Manager
Apr-03-2024
Apr-03-2024
County Manager
Jon Peacock
Contract # 249.23 Revision: 2018-06-13 btf
Budget Line Item # 11836360.531000.10067
1
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made March 15, 2024 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 Roaring Fork Engineering, 592 Hwy 133, Carbondale, CO 81623 (hereinafter
called the “Contractor”) to perform the following work: Deer Creek Catch Basin Engineering
Services (“Project”).
I. Term of Contract: The term of this Contract is from March 15, 2024 to June 1, 2024.
II. Contractor’s Obligations. Contractor shall provide the engineering design services
described on the attached Contractor Proposal (“Attachment A”) according the
proposed schedule and budget outlined in Attachment A.
III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and
Schedule set out in Paragraph II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
Twenty-Eight Thousand Six Hundred dollars and Zero cents ($28,600.00) for all
services rendered. By contract or amendment, the County and Contractor may
reallocate the budget among project tasks if the total budget amount remains
unchanged. Contractor shall invoice for the project monthly based on hours worked,
with payment expected within thirty (30) days of invoice. Any payment by the County
may be offset by any amount the Contractor owes the County for any reason.
IV. County’s Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this
Contract shall be the property of the County. However, Contractor shall have the right
to utilize such documents in the course of its marketing, professional presentations, and
for other business purposes. Contractor assigns to County the copyrights to all work
prepared, developed, or created pursuant to this Contract, including the right to: 1)
reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have
right to use materials produced in the course of this Contract for marketing purposes
and professional presentations, articles, speeches and other business purposes.
Contract # 249.23 Revision: 2018-06-13 btf
Budget Line Item # 11836360.531000.10067
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V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through
a County Representative. Carly O'Connell, Planner & Landscape Architect will manage
the project as the County’s Representative. In the event that Carly O'Connell is not
available, Jessie Young, Planning and Outreach Manager shall assume the County
Representative’s duties. The services provided and products delivered by the
Contractor under this Contract will be subject to review by the County’s
Representatives, or a designee, for compliance with Contractor’s obligations prior to
final payment.
VI. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such notice
shall be given at least ten (10) days before the effective date of such termination. In
such event all finished or unfinished documents, data, studies and reports prepared by
the Contractor pursuant to this Contract shall become the County’s property. Contractor
shall be entitled to receive compensation in accordance with the Contract for any
satisfactory 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.
VII. Independent Contractor Status.
A. The parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required 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 income
taxes.
Contract # 249.23 Revision: 2018-06-13 btf
Budget Line Item # 11836360.531000.10067
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VIII. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in
writing by the County.
IX. Severability. In the event that any provision of this Contract shall be held to be invalid
or unenforceable, the remaining provisions of this Contract shall remain valid and
binding upon the parties hereto.
X. Integration and Modification.
A. 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.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor’s compensation, which are mutually
agreed upon between the County and the Contractor, shall be in writing and upon
execution shall become part of this Contract.
XI. 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.
Contract # 249.23 Revision: 2018-06-13 btf
Budget Line Item # 11836360.531000.10067
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XII. 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.
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 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 as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Contract # 249.23 Revision: 2018-06-13 btf
Budget Line Item # 11836360.531000.10067
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Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• 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 Project(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) Special Coverages (check as appropriate and insert amount):
a. ☐ Performance Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
f. ☐ Boiler and Machinery
g. ☐ Loss of Use Insurance
h. ☐ Pollution Liability
Contract # 249.23 Revision: 2018-06-13 btf
Budget Line Item # 11836360.531000.10067
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i. ☐ 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 emailed directly to Procurement@pitkincounty.com. 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 County’s Representative at least fifteen (15) days prior to a policy’s
expiration date except for any policy expiring on the expiration date of this
Contract or thereafter.
4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Contract.
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this 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.
Contract # 249.23 Revision: 2018-06-13 btf
Budget Line Item # 11836360.531000.10067
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XIV. Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this Contract for
a period of three (3) years after final payment under the Contract and the County shall
have the right within the three (3) year period to inspect and audit these books, records
and documents, upon demand, in a reasonable manner and at reasonable times, for the
purpose of determining, by accepted accounting and auditing standards, compliance
with all provisions of the Contract and applicable law.
XV. 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.
XVI. 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.
XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Contract, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or
any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further, nothing
in 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.
XVIII. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under
this Contract are subject to Pitkin County’s annual right to budget and appropriate the
sums necessary to provide the services set forth herein. No provisions of the Contract
shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond
the then current fiscal year of Pitkin County. No provision of the Contract shall be
construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or
statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin
County to make any payments beyond those appropriated for Pitkin County’s then
current fiscal year. No provisions of this Contract shall be construed to pledge or create
a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this
Contract restrict the future issuance of Pitkin County’s bonds or any obligations
payable from any class or source of Pitkin County’s money.
Contract # 249.23 Revision: 2018-06-13 btf
Budget Line Item # 11836360.531000.10067
8
XIX. Notice. Any notice required or permitted under this Agreement 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: Carly O'Connell 530 E Main St., Suite 202
Aspen, CO 81611 Email: carly.klein@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: Roaring Fork Engineering
592 Hwy 133 Carbondale, CO 81623 Phone: (970) 340-4130 Email: jordank@rfeng.biz
Contract # 249.23 Revision: 2018-06-13 btf
Budget Line Item # 11836360.531000.10067
9
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. ROARING FORK ENGINEERING ________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL:
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
MANAGER APPROVAL: ________________________________________________
!#COUNTY MANAGER#! Date
Apr-03-2024
Carly O'Connell
Planner and Landscape Architect
Apr-03-2024
President
Richard Goulding
Jon Peacock
Apr-03-2024
County Manager
Roaring Fork Engineering 592 Hwy 133 | Carbondale, CO 81623 www.rfeng.biz
November 20, 2023
Carly O’Connell, PLA, AICP
Planner & Landscape Architect
Pitkin County Open Space and Trails
RE: Civil Engineering Services – Deer Creek Catch Basin
At your request, Roaring Fork Engineering (RFE) is presenting this proposal and fee estimate to provide
Engineering services for the proposed site improvements at the Deer Creek Open Space location. This
proposal is based on documents provided to RFE. Fees for Engineering services will be billed monthly on
a time and materials (T&M) basis and will not exceed the proposed cost without prior approval. See the
attached rate sheet for hourly rates.
The following anticipated tasks, deliverables, schedule, and assumptions summarize the scope of work
and the services to be provided by RFE for this proposal.
TASKS AND DELIVERABLES
1. Engineering Design T&M Estimate: $25,000
a) Evaluation of previous geohazard reviews, debris flow mitigation designs, and existing site
conditions
b) Site layout showing proposed improvements and existing site conditions, including horizontal and
vertical control.
c) Design, cross sections, and specifications for a containment berm
d) Erosion control and maintenance for surface water diversions
e) Coordination with Pitkin County Open Space and Trails
Deliverables for Site Plan Application include:
i. Site Layout
ii. Berm design and section details
iii. Surface water diversion layout and details
iv. Stamped Drainage and Erosion Control Plans
SCHEDULE
RFE is prepared to begin the project upon the notice to proceed under the discussed schedule of January 1
to February 29, 2024. We anticipate the following key milestones for the project and are prepared to
provide deliverables based upon the associated turnaround times identified below.
Timeline Milestones:
• RFE will require a minimum of 30 working days for Engineering Design deliverables upon
receipt of the following documents:
o Survey deliverables.
o Any architect/landscape architect design documents that may be required.
Proposal valid for 90 days
ASSUMPTIONS
As further clarification to the proposed services, RFE’s fee was prepared based on the following
assumptions:
• Survey to be provided by others or as part of another contract if utilizing RFE’s survey
department. Any additional survey work requested by RFE to complete the design will be
performed by the surveyor. The survey must show existing site features related to the berm and
surface water diversion, utilities, including underground utilities such as water lines, sanitary
sewer service lines and OWTS locations, and dry utilities.
• Previous geohazard reports and mitigation reports will be made available to RFE:
o Geologic Hazard Evaluation under Project No. 26-062, dated April 6, 2006
o Debris Flow Hazard Investigation under Project No. 26-297, dated May 4, 2007
o Mitigation report under Project No. 211-047, dated March 25, 2011
• No stamped Engineering plans for Building Permit application is needed.
• No utility realignment or design is needed.
• Any previous debris flow study models will be provided to RFE (FLO-2D/RAS-Mapper)
The estimated T&M fee for Engineering services outlined above is $25,000. If this proposal is acceptable,
RFE will forward you a letter agreement for authorization to begin. Thank you for the opportunity to
provide our services. If you have any questions, please don’t hesitate to call me at (970) 340-4130.
Sincerely,
Jordan A. Kehoe, PE
Roaring Fork Engineering
592 Highway 133 • Carbondale, CO 81623 • 970.340.4130 • www.rfeng.biz
March 18, 2024
RE: Existing Conditions Survey, including topography and site features in the project area.
Carly O’Connell,
Thank you for the opportunity to provide a cost proposal for an Existing Conditions Survey, including
topography and site features in the designated project area.
At the request of Carly O’Connell at Pitkin County Open Space and Trails, Roaring Fork Engineering
(RFE) is presenting this proposal and fee estimate to provide Surveying services for the proposed Existing
Conditions Survey, including topography and site features (in the designated areas as shown on
information provided via email July of 2023) at 2553 Lower River Road in Pitkin County, Colorado. This
proposal is based on documents provided to RFE, and research done at our own expense.
The following anticipated tasks, deliverables, schedule, and assumptions summarize the scope of work
and the services to be provided by RFE for this proposal.
TASKS AND DELIVERABLES
Field total
Search/Locate Boundary Corners (for the purposes of this survey no boundary
corners will be set), topography in designated area, locate trees including trunk
and drip diameter in designated areas, Locate improvements within the
designated area.
$2,000
Office
Draft Existing Conditions Map. Prepare deliverable items (.pdf stamped copy of
Existing Conditions Map and .dwg file for design purposes)
$1,600
Total Estimated Cost
$3,600
SCHEDULE
- Field work will be completed within 10 working days of notice to proceed.
- Deliverables: If requested, RFE will provide signed and stamped paper copies, along with map
copies in AutoCAD Civil 3D and PDF formats. Converting drawing files to any other type of file
formats, prior AutoCAD versions, etc. may incur additional expense to client. Deliverables (.pdf
stamped copy of Existing Conditions Map, .dwg file for design purposes) will be completed
within 15 days of notice to proceed.
Deer Creek Catch Basin March 18, 2024
Page 2 of 9
Roaring Fork Engineering 592 Highway 133, Carbondale, CO 81623 (970) 340-4130
ASSUMPTIONS
- This survey will include underground utilities only if such utilities are marked on the ground at
the time of our fieldwork. Marking of underground utilities and payment for any such markings
will be the responsibility of the client, or additional costs may be incurred.
MISCELLANEOUS NOTES
- Although we do not anticipate any problems with this survey, RFE has no control over the
difficulty in finding records, conditions of terrain, density of vegetation, severity of weather, and
availability of reliable boundary control monuments.
- This estimate could require revision, should additional work be required beyond the scope of
work (such as excessive document/plat research, staking of additional intermediate points along
property lines, excessive map revisions as required by others, etc.).
- RFE makes every effort to contain costs and provide professional results for estimated amounts
presented to clients. RFE cannot and does not guarantee that the actual costs will not vary from
the estimates indicated above. However, due to numerous factors, we cannot always foresee all
the various additional survey requirements that arise from the various parties involved in such
work. RFE will notify the client at such time as it becomes apparent that additional costs will be
incurred.
- If you find this agreeable, please sign and return the attached Agreement for Professional
Services document via fax, scan/email, mail, etc.
Sincerely,
Kyle Tesky
Kyle Tesky, PLS
Roaring Fork Engineering
KyleT@rfeng.biz | (970) 340-4130 ext. 710
Deer Creek Catch Basin March 18, 2024
Page 3 of 9
Roaring Fork Engineering 592 Highway 133, Carbondale, CO 81623 (970) 340-4130
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this 18th day of March 2024, (“Effective Date”) by and between Roaring Fork
Engineering, Inc. (“RFE”) and ____________________________________ (“Client”) (collectively,
“Parties”), for surveying services under the Scope of Work as defined above. Client and RFE agree as
follows:
RECITALS
WHEREAS, Client desires to hire RFE to perform certain surveying services specified herein at 2553
Lower River Road, Pitkin County, Colorado (the “Premises”).
AGREEMENT
NOW, THEREFORE, in consideration of the covenants set-forth in this Agreement and for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
ARTICLE 1 – SERVICES OF RFE
1.01 Scope of Work. RFE shall provide, or cause to be provided, only those services explicitly
set forth herein in Exhibit A (the “Work”). The total undertaking to be accomplished for the Client pursuant
to this Agreement, including the Work and any additional any consultation, planning, design, testing and
any other services provided by RFE for the benefit of Client to the Premises, shall be known as the
“Project.”
ARTICLE 2 – CLIENT’S RESONSIBILITIES
2.01 General. Client shall pay all fees, commission, product charges and expenses billed
within thirty (30) days of receipt of an invoice from RFE. Client shall be responsible for all requirements
and instructions that it furnishes to RFE, and for the accuracy and completeness of any statements, reports,
data and other information furnished by Client to RFE pursuant to this Agreement. RFE may use and rely
upon such information in performing or furnishing services to Client. Client must request any material
changes to the Work, including any additional services requested of RFE, in writing, whether by email or
other means (“written change order”). Any written change order shall be considered a reasonable change
in scope under Section 3.02, which may result in an adjustment of the Time Schedule. Client shall give
prompt written notice to RFE whenever Client observes or otherwise becomes aware of: (a) any
development that affects the Work, Time Schedule or performance of the Work; and (b) any relevant
material defect or nonconformance with the Work, RFE’s performance or Client’s performance of
responsibilities.
ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES
3.01 Commencement. RFE shall be authorized to begin rendering services the latter of the
Effective Date or payment of any retainer required under section 4.03.
3.02 Time for Completion. RFE shall complete the Project within a reasonable time or in
accordance with the time schedule agreed to in writing between the Client and RFE, which, to the extent
any time schedule exists, must be included in Exhibit A (the “Time Schedule”). If Client authorizes changes
in the scope, extent or character of the Project or Work, through a written change order or otherwise, then
the Time Schedule shall be adjusted equitably. If through no fault of RFE such periods of time or dates are
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changed, or the orderly and continuous progress of the Work is impaired, or RFE’s services are delayed or
suspended, then the Time Schedule of the Project shall be adjusted equitably. RFE may make fee
adjustments for delays and interruptions not the fault of RFE. If RFE fails, through its own fault, to
complete the Project in accordance with the Time Schedule, or as duly adjusted, then Client shall be entitled,
as its sole remedy, to the recovery of direct damages, if any, resulting from such failure and, as such, Client
waives the right to consequential and incidental damages from such failure.
ARTICLE 4 – INVOICES AND PAYMENTS
4.01 Invoices. RFE shall prepare invoices in accordance with its standard invoicing practices
and endeavor to submit its invoices to Client on a monthly basis. Unless otherwise specified in Exhibit A,
RFE will invoice the Client for all fees, expenses, and costs incurred by RFE related to the Project. The
fees of RFE’s employees who work on the Project will be determined by the amount of time devoted to the
Project and the employee’s hourly rate. RFE’s hourly rates are established according to the employees’
levels of experience and ability, and those rates may be adjusted during the course of the Project. If Client
disputes any invoice billed to Client, Client must communicate that dispute to RFE in writing of the specific
basis for doing so within ten (10) days of the invoice date or thereby waives any dispute with an invoice.
If an invoice is disputed, Client may withhold only that portion so disputed. After a disputed item has been
settled, RFE shall include the disputed item on a subsequent invoice, or on a special invoice for the disputed
item only.
4.02 Payments. Payments may be made by check or money order to the address listed in
Section 7.06. Invoices are due and must be paid by Client within thirty (30) days of receipt. Any invoice
that is unpaid within thirty-five (35) days of receipt shall be considered late and subject to interest at a rate
of eighteen percent (18%) per annum.
4.04 Sales or Use Taxes. If after the Effective Date any governmental entity takes a legislative
action that imposes additional sales or use taxes on RFE’s services or compensation under this Agreement,
then RFE may invoice such additional sales or use taxes for reimbursement by Client. Client shall reimburse
RFE for the cost of such invoiced additional sales or use taxes; such reimbursement shall be in addition to
the compensation to which RFE is otherwise entitled.
ARTICLE 5 – RFE’S RESPONSIBILITIES
5.01 Standards of Performance. The standard of care for all professional engineering and
related services performed or furnished by RFE under this Agreement will be performed with the
professional skill and care ordinarily provided by engineers practicing under the same or similar
circumstances and professional license. RFE shall comply with applicable laws and regulations. RFE
makes no warranties, express or implied, under this Agreement or otherwise, in connection with any
services performed or furnished by RFE. RFE may retain such consultants or subcontractors as RFE deems
necessary to assist in the performance or furnishing of the services (“Consultants”), subject to reasonable,
timely, and substantive objections by Client. RFE shall not be required to sign any document, no matter by
whom requested, that would result in RFE having to certify, guarantee, or warrant the existence of
conditions whose existence RFE cannot ascertain. Client agrees not to make resolution of any dispute with
RFE or payment of any amount due to RFE in any way contingent upon RFE signing any such document.
RFE shall not at any time supervise, direct, control, or have authority over any Constructor’s work, nor
shall RFE have authority over or be responsible for the means, methods, techniques, sequences, or
procedures of construction selected or used by any Constructor, or the safety precautions and programs
incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws
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and Regulations applicable to that Constructor’s furnishing and performing of its work. RFE shall not be
responsible for the acts or omissions of any Constructor.
5.02 Opinions of Probable Cost. RFE’s opinions of probable cost in the proposal and included
in Exhibit A are made on the basis of RFE’s experience, qualifications and general familiarity of the
construction industry. However, because RFE has no control over the cost of labor, materials, equipment
or services furnished by others, or over contractors’ methods of determining prices, or over competitive
bidding or market conditions, RFE cannot and does not guarantee that proposals, bids or actual cost will
not vary from opinions of probable cost prepared by RFE. If Client requires greater assurance as to the
probable cost, then Client shall obtain an independent cost estimate. The services, if any, of RFE with
respect to “Total Project Costs” shall be limited to assisting the Client in tabulating the various categories
that comprise Total Project Costs. RFE assumes no responsibility for the accuracy of any opinions of Total
Project Costs. For purposes of this section, “Total Project Costs” means the total cost of planning, studying,
designing, constructing, testing, commissioning, and start-up of the Project, including construction Cost
and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for
contingencies, and the total costs of services of RFE or other design professionals and consultants, together
with such other Project-related costs that Client furnishes for inclusion, including but not limited to cost of
land, rights-of-way, compensation for damages to properties, Client’s costs for legal, accounting, insurance
counseling, and auditing services, interest and financing charges incurred in connection with the Project,
and the cost of other services to be provided by others to Client.
5.03 Construction Phase. RFE shall be responsible only for those “Construction Phase”
services expressly required of RFE in Exhibit A. With the exception of such expressly required services,
RFE shall have no design, administration, shop drawing review, or other obligations during construction
on the Premises, and Client assumes all responsibility for the application and interpretation of any
construction documents associated with such construction, review and response to contractor claims,
construction contract administration, processing of change orders and submittals, revisions to the
construction contract documents during construction, construction observation and review, review of
contractor’s payment applications, and all other necessary construction phase administrative, engineering,
and professional services. Client waives all claims against RFE that may be connected in any way to
construction phase administrative, engineering, or professional services except for those services that are
expressly required of RFE in Exhibit A.
5.04 Environmental Conditions. Client represents to RFE that, as of the Effective Date and
to the best of Client’s knowledge, no Constituents of Concern1, other than those disclosed in writing to
RFE, exist at or adjacent to the Site. If RFE encounters or learns of an undisclosed Constituent of Concern
at the Site, then RFE shall notify (1) Client and (2) appropriate governmental officials if RFE reasonably
concludes that doing so is required by applicable Laws or Regulations. It is acknowledged by both parties
that RFE’s scope of services does not include any services related to unknown or undisclosed Constituents
of Concern. If RFE or any other party encounters, uncovers, or reveals an undisclosed Constituent of
Concern, then Client shall promptly determine whether to retain a qualified expert to evaluate such
1 “Constituent of Concern” means adverse soil conditions, asbestos, petroleum, radioactive material, polychlorinated
biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever
that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation
Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”);
(d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.;
(f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, State, or local statute, law, rule, regulation,
ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct
concerning, any hazardous, toxic, or dangerous waste, substance, or material.
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condition or take any necessary corrective action. If investigative or remedial action, or other professional
services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial
action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of
Concern, then RFE may, at its option and without liability for consequential or any other damages, suspend
performance of services on the portion of the Project affected thereby until such portion of the Project is no
longer affected. If the presence at the Premises of undisclosed Constituents of Concern adversely affects
the performance of RFE’s services under this Agreement, then RFE shall have the option of (1) accepting
an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this
Agreement for cause on seven days’ notice. Client acknowledges that RFE is performing professional
services for Client and that RFE is not and shall not be required to become an "owner," “arranger,”
“operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be
encounter.
5.05 Insurance. RFE shall secure and maintain insurance, throughout the full period of this
Agreement, sufficient to protect itself adequately from claims made by its employees under any applicable
Worker’s Compensation Act and from claims of bodily injury, death or property damage as may arise. RFE
shall secure and maintain general liability insurance, and any other reasonable liability insurance to protect
Client’s interest in the Project, upon written request from the Client. RFE shall present certificates of
insurance to the Client at any point the Client reasonably requests proof of insurance be shown.
ARTICLE 6 – TERMINATION AND DISPUTE RESOLUTION
6.01 Termination
A. By either Party. The Parties’ obligations to perform under this Agreement may be
terminated by either party for the non-performing party’s substantial failure to
perform its obligations under this Agreement (“Defaulting Party”). The non-
defaulting party must provide the Defaulting Party at least thirty (30) days written
notice of termination. If the Defaulting Party fails to substantially cure its failure
of performance within thirty (30) days written notice, the Parties obligations to
provide further services under this Agreement are terminated, subject to any
provisions that survive termination.
B. By RFE: RFE may terminate this agreement (a) upon seven (7) days written notice
if Client demands that RFE furnish or perform services contrary to RFE’s
responsibilities as a licensed professional; (b) Upon seven (7) days written notice
if RFE’s services for the Project are delayed or suspended for more than ninety
(90) days for reasons beyond RFE’s control; or (c) upon seven (7) days written
notice if, in RFE’s sole and subjective discretion, such termination is necessary for
convenience. RFE shall have no liability to the Client on account of such
termination other than those obligations which survive termination.
C. Effective Date of Termination: The terminating party under Section 6.01(A) may
set the Effective Date of Termination at a time up to thirty (30) days later than
otherwise provided to allow RFE time to demobilize personnel and equipment
from the Project, to complete tasks whose value would be otherwise lost, to prepare
notes as to the status of completed and uncompleted tasks, and to assemble Project
materials in orderly files.
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D. Payments Upon Termination: In the event of any termination of this Agreement,
RFE will be entitled to invoice the Client and to receive full payment for all
services performed or furnished in accordance with this Agreement and all
expenses incurred for the Work through the effective date of termination. In the
event of termination by the Client, RFE shall also be entitled to invoice the Client
and receive payment of a reasonable amount for services and expenses directly
attributable to termination, both before and after the Effective Date of Termination,
such as reassignment of personnel, costs of terminating contracts with Consultants,
and other related close-out costs.
6.02 Dispute Resolution.
A. Initial Dispute Resolution: If a dispute arises out of or relates to this Agreement or
its breach, the parties shall endeavor to settle this dispute first through direct
discussion (telephonic or in person) between the parties. If the dispute is not settled
within seven (7) days of that discussion, either party may submit the dispute to
mediation in accordance with Section 6.02(B).
B. Mediation: Unless otherwise agreed to in writing by the parties, if the dispute
cannot be settled pursuant to Section 6.02(A), the parties shall endeavor to settle
the dispute by mediation under the Current Construction Industry Mediation Rules
of the American Arbitration Association before recourse to any other dispute
resolution process. The Parties will endeavor to conclude mediation within sixty
(60) days of delivery of the written request for mediation by either party. The
Parties shall equally split the costs of mediation (not including attorneys’ fees).
C. Arbitration: If a dispute between the Parties is not resolved pursuant to mediation,
the Parties shall then be empowered to submit the dispute to arbitration in the City
of Carbondale or Glenwood Springs, State of Colorado pursuant to the JAMS
Engineering and Construction Arbitration Rules & Procedures then in effect.
Either party may initiate arbitration under this Section 13.3 by providing the other
party with a written demand for arbitration, following the conclusion of mediation.
The costs of arbitration, including attorneys’ fees, will be awarded to the prevailing
party. By this paragraph, the Parties agree to submit their dispute to arbitration
and waive any right to judicial action.
D. Venue: Notwithstanding the foregoing, if the parties should mutually agree not to
pursue arbitration in writing, then in any judicial action, exclusive jurisdiction and
venue for any action arising out of this Agreement shall rest exclusively with the
County Court or District Court for Garfield County, Colorado.
E. Attorney Fees. The prevailing party in any dispute arising out of or relating to this
Agreement or its breach that is resolved by binding dispute resolution procedure
or in a court of law, shall be entitled to recover from the other party reasonable
attorneys’ fees, costs and expense in connection with such dispute resolution
process, but only that percentage of its claim that the party was awarded, to the
extent the amount awarded was less than the amount claimed. If both parties
prevail to some extent under this Agreement, the fee awards should be offsetting,
and any net award shall go to the party that prevailed to a greater extent.
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6.03 Governing Law. The laws of the State of Colorado shall govern the interpretation,
validity, and effect of this Agreement.
6.04 Limitation of Liability. Notwithstanding any other provision of this Agreement, and to
the fullest extent permitted by law, the total liability, in the aggregate, of RFE and RFE's officers, directors,
members, partners, agents, employees, and Consultants to Client and anyone claiming by, through, or under
Client for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any
way related to the Project or the Work from any cause or causes, including but not limited to the negligence,
professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty
express or implied, of RFE or RFE's officers, directors, members, partners, agents, employees, or
Consultants (hereafter "Client's Claims"), shall not exceed the total insurance proceeds paid on behalf of or
to RFE by RFE's insurers in settlement or satisfaction of Client's Claims under the terms and conditions of
RFE's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims
adjustment, defense, and appeal), up to the amount of insurance required under this Agreement.
ARTICLE 7 – GENERAL PROVISIONS
7.01 Use of Documents. All documents prepared by RFE for the Client during the course of
the Work (“Documents”) are instruments of service, and RFE shall retain a common and equal ownership
and property interest therein (including the copyright and the right of reuse at the discretion of the RFE)
with the Client, whether or not the Project is completed, but subject to the confidentiality provisions below.
Client maintains a common and equal interest in and may make and retain copies of Documents for
information and reference in connection with the use of the Documents on the Project. RFE agrees Client
possesses a limited license to use the Documents on the Project only, subject to receipt by RFE of full
payment due and owing for all then completed services relating to preparation of the Documents, and
subject to the following limitations: (1) Client acknowledges that such Documents are not intended or
represented to be suitable for use on the Project unless completed by RFE, or for use or reuse by Client or
others on extensions of the Project, on any other project, or for any other use or purpose, without written
verification or adaptation by an engineer; (2) any such use or reuse, or any modification of the Documents,
without written verification, completion, or adaptation by RFE, as appropriate for the specific purpose
intended, will be at Client’s sole risk and without liability or legal exposure to RFE or to its officers,
directors, members, partners, agents, employees, and consultants; (3) any use by Client shall not create any
rights in third parties. If RFE at Client’s request verifies the suitability of the Documents, completes them,
or adapts them for extensions of the Project or for any other purpose, then Client shall compensate RFE at
RFE’s standard rates or in an amount to be agreed upon by the Parties.
7.02 Successor, Assigns and Beneficiaries. Neither RFE nor Client may assign or transfer any
rights or interests in this Agreement without written consent of the other party, except to the extent that any
assignment or transfer is mandated by law. Unless specifically stated to the contrary in any written consent
to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under
this Agreement. Notwithstanding the foregoing, RFE is authorized to contract with subcontractors to
perform any portion of the Work, RFE deems necessary.
7.03 Entire Agreement. This Agreement constitutes the entire agreement between the Parties.
The Parties affirm and agree, represent and warrant that only the statements, representations and promises
expressly contained in this Agreement have been relied upon by the Parties and induced the Parties to enter
into this Agreement. No provision of this Agreement shall be changed or modified, nor shall this Agreement
be discharged, in whole or in part, except by an agreement in writing signed by the party against whom the
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change, modification or discharge is claimed or sought to be enforced. In the event any written change or
modification is made as aforesaid, the RFE’s rights and remedies under this Agreement, in accordance with
the requirements of this Agreement, shall in no way be prejudiced or impaired. The failure of RFE to insist
in any one or more instances upon a strict compliance with any provision of this Agreement, or to exercise
any option or right herein conferred, shall not be construed as a waiver or relinquishment of the right of the
RFE to require strict compliance with any/all such provisions thereafter, or any waiver of such option or
right of the Engineer thereafter to exercise any such option or right contained herein. Any wavier of any
of the conditions or provisions of this Agreement or any of the rights of the Parties hereunder will not be
effective or binding unless such waiver shall be in writing and signed by the party claimed to have given,
consented or suffered the waiver. The parties’ rights, liabilities, responsibilities and remedies with respect
to this Agreement, whether in contract, tort, negligence or otherwise, shall be exclusively those expressly
set forth in this Agreement.
7.04 Indemnification. RFE and Client agree to indemnify and hold the other harmless, and
their respective officers, employees, agents and representative from and against liability for all claims,
losses, damages and expenses, including reasonable attorney fees, claimed by third parties to the extent
such claims, losses, damages or expenses are caused by the indemnifying party’s negligent acts, errors or
omission. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence
of RFE and Client, they shall be borne by each party in proportion to their respective negligence or fault.
7.05 Notice. Any notice or communication required or permitted under this Contract shall be
sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth
in the opening paragraph or to such other address as one party may have furnished to the other in writing.
It is the intent of the parties to adopt electronic communication as a form of writing and specifically to
adopt new technology and to opt into laws and processes adopting such technology, including, by way of
example and not limitation, the Uniform Electronic Transactions Act.
7.06 Severability and Survival. The partial or complete invalidity of any one or more sections
of this Agreement shall not affect the validity or continuing force and effect of any other provision. If any
section of this Agreement is found to be invalid, it shall be given the fullest legal effect, allowed by law, to
match the original intent of the section. Article 6 and Article7 shall survive termination of this Agreement.
7.07 Captions. The titles given to the sections and articles of this Agreement are for ease of
reference only and shall not be relied upon or cited for any other purpose.
Wherefore, this agreement is entered in as of the Effective Date.
Client: RFE:
Signed: Signed: Kyle Tesky _____
Name: Name: Kyle Tesky
Title: Title: Survey Manager
Date Signed: Date Signed: 10/30/2023.
Certificate Of Completion
Envelope Id: F1DE100D5B884B81AB5F119AFBD46B8F Status: Completed
Subject: Roaring Fork Engineering | Pitkin County Contract 249.23 R2 for Review and Signature
Source Envelope:
Document Pages: 23 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 0 Pitkin County Procurement
AutoNav: Enabled
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Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 216.237.91.144
Record Tracking
Status: Original
3/18/2024 4:49:05 PM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Gary Tennenbaum
gary.tennenbaum@pitkincounty.com
Pitkin County Open Space and Trails Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 73.203.105.128
Sent: 3/19/2024 9:27:08 AM
Viewed: 3/20/2024 5:30:16 PM
Signed: 3/20/2024 5:30:26 PM
Electronic Record and Signature Disclosure:
Accepted: 3/20/2024 5:30:16 PM
ID: 2941972b-66dd-414e-8086-ffece9619916
Company Name: Pitkin County, Colorado
Carly O'Connell
carly.oconnell@pitkincounty.com
Planner and Landscape Architect
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Using IP Address: 73.34.181.184
Sent: 3/20/2024 5:30:28 PM
Resent: 4/3/2024 1:27:30 PM
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Signed: 4/3/2024 1:28:33 PM
Electronic Record and Signature Disclosure:
Accepted: 4/3/2024 1:27:49 PM
ID: f69a8b51-3d9f-4274-a626-5bb846f5a246
Company Name: Pitkin County, Colorado
Rich Englehart
Rich.Englehart@PitkinCounty.com
Deputy County Manager
Pitkin County
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(None)
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Using IP Address: 65.38.144.66
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Electronic Record and Signature Disclosure:
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Richard Goulding
RichardG@rfeng.biz
President
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Using IP Address: 64.98.239.252
Signed using mobile
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Signed: 4/3/2024 3:38:23 PM
Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted: 4/3/2024 3:37:17 PM
ID: 969a298b-6058-4416-b058-23291bcbbe7e
Company Name: Pitkin County, Colorado
Jon Peacock
jon.peacock@pitkincounty.com
County Manager
Pitkin County
Signing Group: County Manager Group
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(None)
Signature Adoption: Drawn on Device
Using IP Address: 65.38.144.66
Sent: 4/3/2024 3:38:25 PM
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Signed: 4/3/2024 4:46:42 PM
Electronic Record and Signature Disclosure:
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Kim Arensdorf
kim.arensdorf@pitkincounty.com
Administrative Specialist
Security Level: Email, Account Authentication
(None)Using IP Address: 65.38.144.66
Sent: 3/18/2024 4:57:16 PM
Viewed: 3/19/2024 9:03:14 AM
Electronic Record and Signature Disclosure:
Accepted: 3/19/2024 9:03:14 AM
ID: 3f78ebee-e7de-4ba3-b02b-b8c584e137f2
Company Name: Pitkin County, Colorado
Pitkin County Procurement
procurement@pitkincounty.com
Procurement Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Using IP Address: 216.237.91.144
Sent: 3/19/2024 9:03:15 AM
Viewed: 3/19/2024 9:27:08 AM
Electronic Record and Signature Disclosure:
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Pitkin County Procurement
procurement@pitkincounty.com
Procurement Specialist
Pitkin County
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(None)
Sent: 4/3/2024 4:46:45 PM
Resent: 4/3/2024 4:46:56 PM
Electronic Record and Signature Disclosure:
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Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
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(None)
Sent: 4/3/2024 4:46:46 PM
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Ted O'Brien
ted.obrien@pitkincounty.com
Resource and Trails Manager
Security Level: Email, Account Authentication
(None)
Sent: 4/3/2024 4:46:46 PM
Electronic Record and Signature Disclosure:
Accepted: 3/17/2024 5:13:02 PM
ID: eace5ad2-e67f-443a-9225-4a8d106925d4
Company Name: Pitkin County, Colorado
Kim Arensdorf
kim.arensdorf@pitkincounty.com
Administrative Specialist
Security Level: Email, Account Authentication
(None)
Sent: 4/3/2024 4:46:47 PM
Electronic Record and Signature Disclosure:
Accepted: 3/19/2024 9:03:14 AM
ID: 3f78ebee-e7de-4ba3-b02b-b8c584e137f2
Company Name: Pitkin County, Colorado
Jessie Young
jessie.young@pitkincounty.com
Planning/Outreach Manager - Open Space and
Trails
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Sent: 4/3/2024 4:46:48 PM
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Electronic Record and Signature Disclosure:
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ID: 1a8c9d87-cd4e-4c3c-8781-33a129293a1a
Company Name: Pitkin County, Colorado
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you, please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above, please let us know by clicking the 'I agree'
button below.
By checking the 'I Agree' box, I confirm that:
I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this
document. When you don't have a DocuSign account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Gary Tennenbaum, Carly O'Connell, Richard Goulding, Kim Arensdorf, Ted O'Brien, Kim Arensdorf, Jessie Young
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions, please
confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
available electronically to you by us. For such copies, as long as you are an authorized user of
the DocuSign system you will have the ability to download and print any documents we send to
you through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you may be charged a per-page
fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgments, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to Helpdesk@provelocity.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Helpdesk@provelocity.com and
in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature.
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.