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HomeMy WebLinkAboutresolution.council.078-19 RESOLUTION #78 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ARROWHEAD TRAILS INC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Construction of the Burlingame Loop Trail between the City of Aspen and Arrowhead Trails Inc a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Construction of the Burlingame Loop Trail between the City of Aspen and Arrowhead Trails Inc a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8"' day of July, 2019. Torre, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held July 8"', 2019. Linda Manning, City Clerk CITY OFASPEN CONTRACT FOR CONSTRUCTION THIS CONTRACT, made and entered into on JULY 9, 2019, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and ARROWHEAD TRAILS INC., hereinafter called the"Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, transportation and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications; Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- 08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed Sixty Seven Thousand Six Hundred Seventy Five ($67,675.00) Dollars or as shown on Exhibit «A» 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than December 31, 2019, subject to such delays as are permissible under the"Extension of Time for Completion" section of this Contract. 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used CC5-97 I.doc Page: I in connection with or arising out of the Project, and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit "A" are intended to supplement one another. In case of conflict, however, this Contract shall control both. S. Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon CC5-97 I.doc Page:2 Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of CC5-971.doc Pages 3 cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. CC5-97 Ldoc Page:4 15. Insurance. a. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. b. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 2. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. 3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no CC5-971.doc Page:5 owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. C. Except for any Contractor Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided to the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in frill force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect 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. CC5-97 Ldoc Page:6 e. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. f. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra work under Paragraph 8 above. If, however, the estimated cost of replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 17. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: City of Aspen Parks Department Ben Carlsen 130 South Galena Street Aspen, Colorado 81611 To Contractor: Arrowhead Trails Inc. Danna Lambert 11121 County Road 240 Salida, CO 81201 subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given, delivered or made by United States mail, shall be deemed to have been given the same day as transmitted by telecopier or delivered personally, one day after consignment to overnight courier service such as Federal Express, or two days after the deposit in the United States mail as registered or certified matter, addressed as above provided, with postage thereon fully prepaid. CC5-97 I.doc Page:7 18. Inspections; Warranties. (a) Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. (b) Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. (c) Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 19. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 20. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 21. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 22. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. CC5-97 Ldoc Paso:8 23. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 24. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while the defaulting party continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 25. Remedies Non-Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy. 26. Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 27. Attorneys' Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. 28. Severability. Any provision in this Contract which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 29. Nondiscrimination. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. CC5-971.doc Page:9 30. Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 31. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or to any solicitation or proposal therefor. C. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 32. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. 33. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101. a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly CC5-97I.doc Page 10 b. hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. C. By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. d. Contractor hereby certifies that: (i) Contractor shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Contractor shall not enter into a contract with a subcontractor that fails to confirm to the Contractor that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. CC5-97 I.doc Page: I I (iii) Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any new employees who are not eligible for employment in the United States; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Contractor shall: (1) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, CC5-971.doc Page: 12 C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. (ix) If Contractor operates as a sole proprietor, Contractor hereby swears or affirms under penalty of perjury that the Contractor (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 34. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. AT)`ESTED BY: CITY OF ASPEN, COLORADO i By: TitIc: APPROVED AS TO FORM: By: Ci ttorney CC5-971.doc Page: 13 ATTESTED BY: CONTRACTOR: �,��binlf•/L�i�� / ��/LS, �NC. Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. 0A,��D TRq��cS' 4T GO�P0� 2 SEAL 1994 ORAOO CCS-971.doc Page: 14 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF 0 ����,��� ) COUNTY OF �Lcgt� ) SS- On SS.On this _ day of 20 , before me appeared to me personally known, who, being by me first duly sworn, did say that s/he is �� of te'n V\-.0-D-LL �o � l and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. I P41 Notary Public Address My commission expires: )� I(()—z CHASTA DUNAWAY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184020945 MY Commission Expires 05-16-2022 CCj-971 doc Parc15 18. Inspections; Warranties. (a) Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. (b) Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. (c) Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). eity ti, sed-��gzr►eraf•-z�mtt�trn-iti-the-. - , it}:im 20. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 21. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 22. Successors and Assigns. Subject to paragraph 22, above, this Contract shall lie binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns.. Pag;c S CC5-971.doe Construction Services for Burlingame • •p Trail Project City of • - Parks and Open Space { , 1 �1..`•��yyv::plr�-,/1 + � •'rl y�. `•�I .y - I.. .• •.•I-i.'f. ' �•1 ` • f•+ ,. l• �7 e-'+: L.Y^�., s,"+C`. _. 'f`, .• �' 'fes .f:if �.•' e '` + _ .. +�• - .a, � � -FG `• ,. - ..ISR �'L,i r• �.� I ,+w.i. � � �1.. I t ;tia" �r�. t • .l ti-•'`.� � - 1 r�._ _;rte+ � a My.�, - Ie. •7 � •r_ , 1�•,. :� � r SECTION 1 Introduction Arrowhead Trails, Inc. A Colorado Woman Owned and Operated S-Corp Danna Lambert - Owner and Operator of Arrowhead Trails, Inc. , 1994-present President B.S. in Engineering Geology from Texas A&M University, 1985 Trail Master Planner, Equipment Operations, Crew Manager, Administartion Office 719-539-2817 Cell 719-221-9445 email: info@arrowheadtrails.com Lee Lambert - Vice-President of Arrowhead Trails, Inc. ,12 years with ATI, 25 years experience in the construction trades Trail Designer, Equipment Operator, Crew Leader Cell 719-221-9460 Steve McClung - Equipment Operator, Lead Dozer operator and mini-excavator, snowcat 24 years excavation experience, 24 years snowcat experience Cell 719-221-9160 MAIN OFFICE: Arrowhead Trails, Inc. 11121 County Road 240 Salida, CO 81201 719 - 539-2817 info@arrowheadtrails.com Insurance Requirements Insurances Arrowhead Trails, Inc. Carries -Commercial General Liability -Workman's Comp -Commercial Auto Insurance Arrowhead Trails, Inc. Does Not Carry -Professional Liability SECTION 2 Qualifications and Experience ARROWHEAD TRAILS, INC. STATEMENT OF QUALIFICATIONS Organizational Overview Arrowhead Trails, Inc (ATI) is a Women Owned and Operated Colorado based trail construction firm created in 1994 to assist agencies, organizations, and the private sector in planning and developing sustainable natural surface trail systems. A member of the Professional Trail Builders Association, Arrowhead Trails, Inc. is dedicated to developing shared use trail solutions that protect resources and mitigate user conflicts. Danna Lambert, President, Principal & Owner Qualifications Arrowhead Trail's slogan is "Imagine, Design, Build, Climb, Hike, Bike, Ride, Ski." Our company is a woman owned and operated S-Corp. Our commitment to protecting natural and cultural resources while providing quality recreational opportunities is the main reason we are so passionate about designing and developing sustainable trail systems. Our understanding of trail design and the difficulties to be encountered during the construction in variable environments is based on 25 years of trail construction experience. Our reputation is built on long-terrn partnerships, consistently exceeding our client's expectations, and our passion for trails. Our ultimate goal is to help natural resource managers develop trail systems that minimize visitor impacts to the natural systems of the area while still providing an intimate experience with nature for their trail users. We assist clients at all levels of trail system development and management whether it's an ADA accessible trail or an extreme downhill mountain bike trail, or any other type of specialty trail. We have purposefully tried to keep our qualifications as clear and concise as possible and would encourage all potential clients to view our website at www.arrowheadtrails.com for any additional company information, portfolios of our numerous projects and clients, and trail literature. Incorporated in 1994, Arrowhead Trails, Inc. has designed and built over 750 miles of sustainable, natural surface, multiple-use trails in Colorado, New Mexico, Kansas, and Wyoming. Our satisfied clients include: municipalities, counties, federal agencies (EPA, USFS, BLM), state parks, ski resorts, land trusts, youth corps, non-profit organizations, family ranches and farms, river authorities, water managers, and private landowners. 11-1-wN li(-ad frail. Inc. 1 1 121 CR 241) Salida, (1) 812111 719-539-2817 Arrowhead Trails, Inc. has been instrumental in developing trail design and construction standards in the State of Colorado. Colorado State Parks and the International Mountain Bicycling Association have incorporated our design and construction standards into their Trail Master Plans, literature, published books, trail care crew program, and trail solations. Numerous agencies have utilized these standards in their requests for bid proposals. Major Accomplishments 1994-2012: ➢ Designing and constructing over 600 miles of sustainable, natural surface trails in Colorado, New Mexico, Texas, Arizona, Idaho, Nevada and South Carolina, and Oklahoma. ➢ Developing and/or implementing over 20 Sustainable Trail Master Plans ➢ Training thousands of volunteers, non-profits, private trail companies, and government staff in "Sustainable Trail Design & Construction" (including US Forest Service, Colorado State Parks, International Mountain Bicycling Association, Colorado Youth Corps Association) ➢ Promoting mechanized technology like the SWECO 480 Trail Dozer and mini-excavators/loaders Managing Colorado's premier trail design and constriction company since 1994 ➢ Partnering with Colorado State Parks, Division of Parks &Natural Resources Developed and/or Implemented Trail Master Plans for the Following Colorado State Parks: Arkansas Headwaters Recreation Area Castlewood Canyon State Park Colorado River State Park Crawford State Park Eleven Mile State Park Highline State Park Jackson Lake State Park Mancos State Park Mueller State Park Ridgway State Park Rifle Falls State Park Sweitzer Lake Sylvan Lake State Park Vega State Park Lake Pueblo State Park Clicyenne Mountain State Park http://www.parks.state.co.us/Pages/HoniePage.aspx ArroNN heed Trails, Inc. 11121 CR 244) Salida, CO 81201 719-539-2817 SECTION 2 Similar Projects Valverde Commons, Taos, New Mexico P.O. Box 556 Taos, New Mexico, 87571, Kristsin Ulibarri, 575-776-2242 Constructed 1,250 linear feet of crusher fines trail for a common area path between homes and the shared common house. Trinchera Ranch, Fort Garland, CO 24492 Trinchera Ranch Road, Fort Garland, CO 81133, Craig Taggert (719) 680-9348 Constructed a 7,300 LF crusher fines trail for fishing access, hiking, and biking within this exclusively private resort. M. I l Morrison Natural History Museum, Morrison, Colorado 501 Highway 8, Morrison, CO 80465, Matthew Mossbrucker, 303-697-1873 Constructed 2,640 linear feet of crusher fines trail for an interpretive loop for museum visitors to learn about Dinasaur Ridge and surrounding fossil beds formations. or 26, ilk r•� � r may^ � r�: .. -� .:'1Ne •a _i ARROWHEAD TRAILS, INC. CRUSHER FINES TRAIL EXAMPLES -;Amww1 t' max... - •.�-- ft4lijL: Bobcat Ridge Natural Area, FC, CO Bobcat Ridge NA, Fort Collins, CO i i �i �••,. i t 4V -� Eagle Ranch, Eagle, CO BOEC, Breckenridge, CO - r Cheyenne Mountain State Park, CS, CO Buena Vista River Trail, BV, CO i '•� OIL • ��'.- IL t 4r - I or iq t "• •r 7. f. r �• -. 7��� �1'� 1 e- w t t � , r ►, ti fA .. � �'`,�� .. ; ,thy *.ttty,p�� I`s• . 1 w tia e:til�'R r i 1 � 1 1 ti .1 • 1 ►�r� TRAIL CROSS-SECTIONS Arrowhead Trails, Inc. Trail Horizontal Corridor (6 feet wide) Trail Vertical Corridor (8 feet high) Tread Width (48 Inches) Retaining Wall or Backs lope Bench ut Trail Trail Tread (outslope 3-5%) Surfac�d Trail / I l, \ �/ x 3/8" minus eotextile F bric crusher fines Trail Tread (Miraf 140NS) 5-8"thick (crowning 3%) Single itch Trail Trail Tread (crowning 3(1/.) Fill and Co pact with Ma rial From D tch Excavatiori 4Double itch Trail Trail Tread (crowning 3%) Fill and Compact with Material From Ditch Excavatio Center Line (flagged or staked) Drawinc Dcvelorcd by Arrowhead Trails,Inc. SECTION 2 Similar Projects Arrowhead Trails, Inc. has included the references above for similar projects completed, but would like the selection committee to review the Arrowhead Trails, Inc website and/or Facebook Page for additional photographs and projects. www.arrowheadtrails.com ATI has completed numerous trail projects in the Aspen area and throughout Colorado in our 25 years of trail construction: Tom Blake,Ajax and Ute Cemetery Trails, Barbee and Bendict Trails,Three Trees,Moore Open Space Trail, the reconstruction of the Hunter Creek and Post Office Bridges, as well as the Butterline, Burligame Gorge, and AB Trail in 2015. Arrowhead Trails, Inc. has constructed miles of crusher fines trails. In Morrison,ATI constructed a 48" wide crusher fines trail that was 0.5 mile long and climbed 100 feet of elevation with 17 switchback turns and six viewing platforms for interpretive tours. ATI also constructed nearly 1.5 miles of crusher fines trail for the Bobcat Ridge Natural Area for the City of Fort Collins. Recently, ATI installed a 0.25 mile crusher fines trail for Valverde Commons in Taos, New Mexico and 1.5 miles for the exclusive Trinchera Ranch in Fort Garland, CO. Left to Right: Rubber Track Carrier, RTC IHI Mini-Excavator, replaced with 2016 IHI Mini-Excavator, replaced with 2018 Gehl Articulated loader Sutter Trail Dozer F ' Yamaha 550 ATV Yamaha 550 ATV Cargo Trailer: Canycom Power Wheel Barrow Chainsaws, Cutters, Hand Tools Machine Maintenance Supplies l i f SECTION 3 Project Approach Arrowhead Trails, Inc. attended a non-mandatory walk-through of the Burlingame Loop Trail Project#2019-50284 on Thursday, June 6th, 2019, from 10:00AM to 11:00 AM. Arrowhead Trails, Inc. has specialized in natural surface trails since 1994, and constructed miles of crusher fine specific trails throughout the Rocky Mountain Region. The alignment proposed by the City of Aspen is within the parameters of other trails constructed by Arrowhead Trails, Inc,although there are several considerations that must be addressed for this project. The alignment is located on the perimeter of the Burlingame Subdivision that provides employee housing to City of Aspen employees. The following is a list of considerations and issues in which the contractor will have to determine the best construction methods and solutions during the building process. 1. The locations of the material, crusher fines, staging areas are at either end of the project. 2. The distance in transporting the material is long and will require significant time and resources and well as appropriate equipment to ensure a timely installation. 3. There are numerous irrigation controls,lines, and sprinkler heads to consider during the build. 4. The contractor will have to communicate with the property manager oon which controls,lines, and sprikler heads can be removed or which ones stay. 5. Many of the sprinkler heads may be aobsolete. Water should not be poured on the new trail and can affect the Maintenance Bond required by the project if damage from runoff is incurred. 6. Much of the excavation will be changed to hand digging in these areas to prevent damge to the system that will stay in place. 7. The irrigation system appears to be obsolete in areas were vegetation has taken hold. 8. There are areas were the grades of the crusher fines trail exceed recommended grades for crusher fines trails. These areas may experience more raveling of materials, or erosion during high volume rain events. These areas may need extra attention by providing rolling grade changes. These areas should not be included within the Maintenance Bond because the trail alignment is restricted in order to obtain the connection of the loop. 9. Other areas where there are tight alignments between sidewalks and fences may restrict access in excavations and material installation. 10. Equipment utilized on the project will be limited in tighly restricted areas and will increse the time required to complete the project. 11. The width of the expected trail, 3.5 feet, is a restriction based on equipment size generally used for crusher fines trail projects. Arrowhead Trails, Inc.'s equipment to construct the trail ranges from 39" to 48" in width. Our mini-excavators have expandable tracks and can be operated at a 39" track and blade width. Excavation around irrigation equipment must be done by hand and Arrowhead Trails, Inc. requests that all lines are well marked with paint by the property management in order to prevent and unecessary damage to lines that will not be removed and kept in place. Arrowhead Trails, Inc. will begin the Burlingame Loop Trail Project by inspecting all marked irrigation lines and call for a Utility locate using 811 and any other utility information available. Any alignment relocations can be addressed at this time. Since time is of the essence in trail construction, ATI,would most likely begin trail construction on the south terminus of the trail at the intersetion of Harmony Road and Paepke Road. This area is more open and will be the closest to the stockpile of materials. After walking the trail alignment,Arrowhead Trails, Inc. would like to propose the elimination or reduction of rock walls required to build the trail. Rock walls will be utilized along the trail only where necessary. These may include areas that need embankment or raise above obstacles. Such areas would include trail above retension ponds, on steeper sideslopes where excavation is limited, or around switchback turns. ATI provided a cost per linear foot of rock retainage to help with an added cost reduction factor in determining the constractor best suited to perform the installation of the trail. The 3.5 feet width does incorporate additional construction considerations for Arrowhead Trails, Inc's methodolgy of constrcuting the trail. Our main material transporting machine has tracks that are 48" in width. This is at the disturbance maximum width and may cause an issue with regards to the specifications provided. This transporting machine, is a one-of-a-kind peice of equipment that can transport enough material to install 20-25 linear feet at one mobilization. Our RTC, Rubber Track Carrier, is the most important piece of equipment for our crusher fines trail installtion processes. It eliminates excessive trips down the trail with materials, saves time, and reduces the amount and duration of machine noises in and around home dwellings. With this in mind, Arrowhead Trails, Inc. can attempt to narrow the desired tread by building an access trail first width our 39"wide mini-excavators. As the material is transported with the 48" wide RTC, a bathtub can be constructed to accept the crusher fines materials with the excavator. Excessive excavation will be reduced by utilizing excavated soils as the embankment for the crusher fines trail bathtub. Excess excavation material will be disperse to promote revegetation. Care will be taken to keep clean edges along the trail. Arrowhead Trails, Inc's product is well within the parameters of the desired product that the City of Aspen is requesting. ATI is asking that the City of Aspen consider the final product and the expertise Arrowhead Trails, inc. can bring to the project, altough the limits of disturbance may be wider than expected the final reclamation will address this issue. Silt fence and waddles will be used where ATI deems it necessay. Much of our work is kept clean with limited exposure to erosion. ATI will work in a linear construction method to keep exposed soil limited. Delivery of the materials is crucial. ATI will work with the transporter so that materials loads are dealt with in a timely manner and not over stocked in areas for long periods of time. This is an important component in keeping a clean and efficient work site. Arrowhead Trails, Inc. understands that the crusher fines materials will need to be installed, shaped, and compacted in a timely manner to obtain the best results. Also, stock piles will need to be kept small, especially during the construction of the northern most section of trail where the stockpile location is within a parking area for residents. In this location, a protective tarp or fabric will be used to underlay the materials delivered to protect the natural environment from disturbance. This method was used in the construction of the crusher fines trail on the east side of the ABC trail alignment Arrowhead Trails, Inc. constructed in 2015. Generally, installation of crusher fines needs to occur from the farthest point and work backwards towards the stockpile of materials. For this reason, the starting point will be the intersection of Harmony Road and Paepke Road until a terminus is reached somewhere near to stockpiles. Then, the installation will move to near the northern stockpile location, most likely to above the switchback turn areas. Installation will work back towards the southern stockpile location until the section docks with the previous section. A vibratory compactor will be utilized as materials are laid and shaped. No materials will be laid without compaction. Flagging tape will be installed to prevent the usage of nwely installed crusher fines until setting occurs. Then the tape will be removed when ATI deems the trails stable enough to use. Next the excavation and installtion of the trail alignment connecting to the park and Burlingame Gorge will begin and will also work backwards towrds the stockpile of materials. Because of the switchback turns required and the difficulty of negotiating these turns with a machine filled with crusher fines, a fall line access trail will need to be utilized in this area. This access trail is common with construction in and around turns. This access trail will be reclaimed after its use,but it is a neccessary companent to this project. The Rubber track carrier as well as our articulated loader, Gehl, have rubber tracks and wheels and are gentle on terrain. The areas can be seeded and strawed id necessary. Some areas may require the use of our Gehl, front end loader to distribute materials. This machine is 39" in width,but only carried enough material to install 4-6 linear feet of material at one delivery. This would be excessive trips and should only be used when the RTC cannot. Also, ATI owns a powered wheel barrow to reach small locations,but only carries enough material for 1-2 linear feet, making it the least desirable unit to deliver materials to the site. With all of these considerations, Arrowhead Trails, Inc. believe it can construct/install an appropriately built crusher fines trail for the community,inless time, and less disturbance than other contractors. We respect your consideration for the awarding of the project. SECTION 4 References United States Forest Service, San Carlos District, Pike San Isabel National Forests, Trail #1336 Rainbow TRail Reconstruction and Maintenance, Cost Share Agreements, 2011-2019. Contact Information: Jeffer Wingate (719) 742-3681, (719) 429-0589 103 E. Field Street, La Veta, CO 81055 Trinchera Ranch,Trail Design, Development, and Construction, 1.5 mile Crusher Fines Trail, 2.5 mile flow mountain bike trail. Contact Information: Craig Taggert (719) 680-9348 24492 Trinchera Ranch Road, Fort Garland, CO 81133 United States Air Force Academy and Farish Recreation Area Trails Management Plan all Maintenance Standards &Implementation,2004 - 2019. Contact Information: Brain Milbachler (719) 351-3730, Melissa Whittingslow (719) 338-5646 USAFA David Meguiar (719) 644-5700, Mirador NASCO U.S. Fish and Wildlife Service Natural Resources Manager 10CES/CEIEA 8120 Edgerton Drive, Suite 40 USAF Academy, CO 80840-2400 (719) 333-3308 City of Aspen Parks and Open Space, 1996-2016 Contact Information: Matt Kuhn, Trails Manager (970) 429-2035, (970) 274-2163, Austin Weiss, Open Space and Natural Resources Manager (970) 429-2023 City of Aspen Parks, Trails, and Open Space 585 Cemetery Lane Aspen, CO 81611 Morrison Natural History Museum, 0.5 mile Crusher Fines Trail ascending 100Ft in Elevation, Contact Information: Matthew Mossbrucker, 303-697-1873 Morrison Natural History Museum 501 Highway 8, Morrison, CO 80465 SECTION 5 Project Costs In Words Seventy nine thousand seven hundred fifty dollars Dollars $79,750.00 Proposed Payment Schedilayment upon completion of each individual project. 1. Burlingame Loop Trail, 3,400 LF Natural Surface Crusher Fines Trail 3,400 LF Crusher Fines Trail 3,400 LF x 3.5 LF = 11,900 SF x 0.5 Ft = 5,950 CF 5,950 CF - 27 CF/CYard= 220.4 CY 220.4 CY x 1.5 CY/Ton = 330.1 Tons 330.1 Tons - 14 Tons/Tandem Load = 23.6 Loads Needed 3,400 LF @ $15.00/LF = $51,000.00 100 LF Rock Embankment @ $35.00/LF = $3,500.00 Subtotal = $54,500.00 Mobilization 15% _ $ 8,175.00 Total = $62,675.00 If the City of Aspen does not want the landcape fabric underlayment, subtract $0.50/LF urlingame Loop Trail East Connection, 350 LF Natural Surface Crusher Fines Tr 350 LF Crus ines Trail, 350 LF x 3.6 LF = 1,260 SF x 0.5 Ft = 630 CF please remove this 630 CF - 27 CF/CYard= 23.3 CY `rom estimate. CY x 1.5 CY/Ton = 24.8 Tons 24.8 To _ 14 To andem Load = 1.8 Loads Needed 350 LF @ $15.00/LF = $ 5,250.00 150 LF Rock Emb ent @ $35.00/LF = 50.00 Subtotal = $10,50 . Mobil' ion 15% _ $ 1,050.00 al = $12,075.00 e City of Aspen does not want the landcape fabric underlayment, subtract$0.5 3. Irrigation and Reclamation Costs $ 5,000.00 TOTAL 1 &2 &3 = $79,750.00 TSurety Group OKIOMARINE 333 West Hampden,Suite 815 HCC Englewood,CO 80110 USA Tel:303-649-9163 Re: Arrowhead Trails, Inc. The present limits on bonding available to Arrowhead Trails, Inc. are $250,000 single and $250,000 aggregate. This letter is to advise you that we are favorably disposed to consider performance and/or payment bonds on behalf of Arrowhead Trails, Inc. as the need arises. As is customary, final approval of any bond is predicated on the most current financial and job information available to the underwriter at the time. Any arrangement for bonds required by a contract is subject to satisfactory review of all contract documents, warranty periods, bond forms, collateral security, underwriting and financial information for Arrowhead Trails, Inc. We assume no liability to you or third parties, if for any reason we do not execute such bonds. This letter is not an assumption of liability, nor is it a bid bond or a performance bond. It is issued only as a letter of recommendation requested from us by our client. Should you require further elaboration within the context of non-confidential information, please do not hesitate to contact us. American Contractors Indemnity Company is listed on the U.S. Treasury Department's Listing of Approved Sureties, and is A.M. Best Rated A++ with a financial size category of XV. 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