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HomeMy WebLinkAbout415529 INTERNATIONAL MOUNTAIN BIKING - CONTRACT - CONTRACT - 29890PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and International Mountain Bicycling Association, hereinafter referred to as "Professional'. W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of twelve (12) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "A", consisting of twelve (12) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence within five (5) days of signing, and shall continue in full force and effect until September 30, 2007, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Spring Canyon Community Park Mountain Bike Skills Area The Spring Canyon Community Park Mountain Bike Skills Area trail is designed to attempt to provide an active learning environment for mountain bikers looking to improve their bike handling skills in a recreational, controlled setting. Environmental Sustainability Strategies In order to provide a trail tread surface that will sustain itself over time with minimal maintenance, trail grades generally have to be kept below 10%. In the Skills Area, all trails have been designed to have grades either less than 10% or will be fortified with stone armoring techniques. A trail also needs to match its environment. The Skills Area trails have been designed to meld into and be enhanced by, a natural ponderosa pine canopy and native grass/shrub understory. While some constructed features in the area will protrude above the native vegetation to some extent, the vertical separation between Skills Area feature and the top of the native vegetation will be minimal after native shrubs and grasses have established and matured. To the casual park visitor viewing from afar, this area will look like a typical lower elevation pine forest next to a pond. Upon closer inspection, mountain bikers will curiously seem to be riding on top of the grasses and shrubs. Risk Management Strategies Mountain biking, like riding horses, climbing, skiing, trail running and any number of other outdoor activities, is inherently dangerous. A landscape, weather patterns, and personal decision making, especially when fatigued, are not always predictable. New mountain bikers, whether young or old, typically fall on their bike on at least a semi -regular basis. Most times, these falls happen when trying to negotiate a section of trail that contains technical challenges that a rider is not prepared for, either due to a lack of bike handling skills or due to a measure of surprise. The Skills Area has been designed to introduce riders to challenges they will encounter on trails in a controlled, non -surprising manner that is also fun and interesting, encouraging experiential education through recreation. While some of the technical trail features present in the Skills Area are not typical on natural surface trail systems, the skills required to negotiate these features (balance, looking ahead, focusing on the intended target rather than the obstacle, riding on a very narrow surface, etc.) parallel the skills needed on a more typical trail ride. There is still inherent risk in riding in the Skills Area and falls will likely be somewhat common. Certain design principles are vital to the success of the Skills Area. Educating visitors on the features that are present and the risk that is inherent, allowing riders' skills to progress incrementally through the park, and controlling rider access to different features are all necessary components to a successful Skills Area. From an educational standpoint it is prudent to control access to the Skills Area. Providing just one entrance and exit means that visitors have to pass by a kiosk explaining the Skills Area's existence, partners, risks, and responsibilities in using the facility. A kiosk should not only explain that the Area is potentially challenging, but that it has been designed to assist in building riding skills that will help new riders feel more confident when venturing out on trails further from home. Emergency contact information should be included on the kiosk, as should information on community partners and volunteer maintenance activities. A map of the Area that includes approximate skill levels for different features is also important to include on the kiosk. The Skills Area has been designed to allow riders to follow a skills progression. Closest to the entrance the beginner area (denoted in green on the Difficulty Levels sheet) has been created and in a very small space includes examples of most of the technical challenges that are present in the rest of the Area. This section will be designed to have less challenging versions of these features and signage directing visitors on how to negotiate different features. Moving away from the beginner's area, the technical features will become more difficult to negotiate (narrower, higher, etc.). This type of natural progression allows riders to move on to more challenging tests when they are confident and technically prepared, thereby minimizing their risk of injury. There will be a substantial number of riders that visit the Skills Area that improve their skills by constantly pushing their technical limits. The results of this motivation are typically falls. Therefore it is important to both create "filters" and "fall zones" and "optional lines" to further minimize risk when riders attempt to stretch their limits. Filters are high skill level, low consequence obstacles that demonstrate the increased difficulty of the upcoming features. Whether that filter is in the form of a turn that is difficult to negotiate or some type of challenging feature, it requires that a rider negotiate that feature prior to continuing on to other difficult features. It is especially important in these areas to create fall zones that provide a clear, obstruction -free landing area for a rider that has failed to negotiate the feature. In general, cleared fall zones will be created at the bottom of descents, on the outsides of corners, on either side of raised features, and around obstacles. In the beginner area it will be prudent to outline the paths of travel and add mulch everywhere else to further minimize risk of injury. Fall Zane Finally, in many areas, "optional lines" will be developed to provide an easier, alternate route around a technical feature. In the Skills Area, all optional lines will be created outside the main flow of the trail in order to serve as an advanced challenge for more technically adept riders, but will be somewhat difficult for lesser skilled riders to access. Malin Flow cif Trail Line Main Hoi ofTrail Project Description Green Trails- Introduction To Mountain Bike Skills From the entrance gate the most direct path into the Skills Area placed a visiting rider in the beginning skills area. The area will feature instructional signage for negotiating each type of feature. This area will feature less challenging features than the remainder of the Skills Area, but include facsimiles of each type of challenge that is present, including ladder bridges, log rides or teeter totters, rock gardens, short, steep ramps, and small drop offs. Riders can remain on the ladder bridge, access the area within the ladder bridge, or loop oft down a short hill toward some in -trail rocky challenges before coming back to the beginning of the circuit. The ladder bridges are designed to be three -feet wide and 16 inches off the ground, as in the photo above. This is a width that is typical in many natural surface trails and can accommodate passing of riders going opposite directions, but the height off the ground forces riders to look ahead to remain in control. The rock gardens present in the beginner's area will look much like the section on the front cover of the report, where challenge and consequence levels are not high, but the roughness of the tread challenges riders to retain momentum to negotiate the area. Logs or teeter totters will not be higher than 16 inches off the ground to making stepping off a bike and onto the ground relatively easy for even small riders. Blue Trails- Increasing The Challenge Level The intermediate skill level trails build on the skills developed or mastered within the green trails. Riders will have to negotiate narrower ladder bridges with more turns, drops/steps that have narrower landing areas, and features that require riders to retain balance for a longer period of time. Generally the riding surface will not be wider than 24 inches, heights on ladder bridges may reach over 36 inches. The blue loops are also a bit longer, allowing riders to begin to link together different features and develop a sense of "flow" (finding the right speed, body position, and bike maneuvering) on a trail with tread conditions that are changing. Red Trails- Taking Skills To The Next Level The advanced level trails (indicated in red, but best labeled as black diamond trails) ail represent optional technical challenges. Nowhere in the Skills Area design would a rider be forced into the highest skill level challenges. All features are optional routes accessible only from intermediate level challenges and none of these features fall within the natural path of travel. After riders have mastered moving from one challenge to another in a smooth manner, higher level challenges can be presented that require highly tuned senses of balance and bike handling. In general, the drops on these sections will be higher, the ladder bridges and log rides higher and narrower, and the rock features more demanding. Riders will have to negotiate features that are two to five feet off the ground, sometimes as narrow as four inches, and in many cases will be required to make their bikes leave the ground in order to negotiate a feature. Implementation Grading Timeframe: During grading of remainder of Spring Canyon Park Needs: The hill on the western portion of the Skills Area has been designed to create a flat area on top for parts of the green and blue loops along with some topography to route trails in somewhat a downhill then uphill direction back to the start of the loops. The mounds in the northeastern portion have been designed to provide give the impression of dropping into a canyon while providing separation between the different lines off the constructed wall. Good compaction is necessary during the grading. The area should not contain consistent slopes, but should rather retain a more natural topographic feel. Five cottonwood trees, with limbs left intact, should be stockpiled near the location of the log ride on the southern portion of the Skills Area. Blasted, dislodged, or screened rocks from other portions of the grading project can also be stockpiled in this location. In particular, rocks of softball to desk size will be very useful to construct the Skills Area and any rock that becomes available would be very much appreciated. It would be prudent to install the fence and gate immediately following the grading process. Construction Timeframe: One -month project Estimated Costs: (Refer to Revised Scope of Work (4/10/07) page 19 for not to exceed cost) $25,000 to $50,000 (depending on materials stockpiled during grading) IMBA Trail Solutions is available to construct, provide construction supervision, or if the project must go out to bid, Trail Solutions can provide a list of experienced, reputable contractors that build these types of areas. Most trail contractors work with a six to twelve month backlog, and construction should be planned accordingly. The success of the Skills Area will be dependent upon the local rider buy -in to the project, their willingness to provide maintenance assistance, and ability of the partnership to provide for skills development clinics to assist new riders. Because of this codependence, it will be vital to get local volunteers involved in the construction of the Skills Area. Certainly this will reduce construction costs, but is dependent on a contractor with the skills and experience to oversee and manage volunteer -led construction. Standard Professional Services Agreement- rev 09101 /06 16 Drop Olt r for Mcking stringen. Cleat landing Area. large Rocks or lags /� 1 enn bo caved to f; roate the. Drop. Clear "andiag Area. M I.og Pc'At supports Lumber Post Supports Ladder Bridcc Ltunber Stringer Decking Decking Log Cabin Supports The design includes approximately 500 feet of ladder bridges. These structures should be built with 44 uprights, 2x12 stringers set 9 or 12-inch centers, with 2x6 decking spaced one inch apart. Decking should not extend beyond two inches from supports. Cross or diagonal bracing of the decking should be installed to limit the amount of shear stress on fasteners. Quarter inch construction fabric will be installed over all dimensional lumber decking for traction. Entrances onto and exits from all features will be rock -armored to prevent compaction using one of the techniques below. Standard Professional Services Agreement- rev 09/01106 17 REUNIYr I 1 3 � t f _ a i £ 1 4e.f .4 y'f fi f% h .. V TSkyq Y T yE' r 14 STj%j ♦ 4� KI� �V�aj FypY.� >r � fF c t i I ! i 4 E �n �n Revised Scope of Work (4110/07) The City of Fort Collins has requested that the Scope of Work detailed in the general project description and design be revisited to assure a total cost less than $20,000. Trail Solutions proposes the following lump sum cost proposal for the project: Trail Construction Contractor(s) $12,000 Materials (lumber, fasteners, fill, machine rental, disposables) $8,000 Total: $20,000 In order to meet this request, the following changes from the aforementioned general project description and design are necessary: Size Reduction The original description anticipated approximately 500 feet of ladder bridges. The revised estimate will reduce the length of ladder bridge in the beginner and intermediate level riding areas to approximately 350 linear feet. Features will be similar to those described in this document and will be constructed of pressure -treated, dimensional lumber in accordance with the guidelines in "IMBA Trail Solutions: IMBA's Guide To Building Sweet Singletrack". The proposed dirt berms in the advanced riding area will not be constructed due to flood retention concerns. The proposed drops into the advanced riding area may or may not be constructed, depending on the suitability/height of the retaining wall. Depending on the availability of suitable fill dirt and the proximity and depth of underground lines, the dirt berms and tabletop rollers in the intermediate riding area may or may not be able to be constructed or may be constructed in alternate locations (outside the retention area), as determined by the contractor. Rock features may or may not be identical in location or size to those presented in the original plan. Features will be matched to the ability level of the trail section in which it is located (beginner area- not more than 12" above native surface, intermediate area- not more than 24" above native surface) and will be securely placed in the ground to withstand use over time. With the reduction in scope, the contractor will make changes to the design of the facility based on materials availability and inherent knowledge of creating a skills progression -oriented facility and will install effective high -skill, low -consequence "filters" between areas of increasing skills demand. Signage Trail Solutions will not be able to construct and install interpretive/educational/skill level signs around the facility due to the reduction in scope. Trail Solutions will provide the City with language suggestions for the kiosk and interpretive/educational/skill level signs and preferred placement of those signs for the City to come back at a later date and install this important risk management feature. Time Period IMBA Trail Solutions is able to undertake this project during the month of August, 2007 and barring inclement weather that does not allow for site work, the project can be completed prior to Labor Day weekend. Assistance IMBA Trail Solutions is currently working with the Diamond Peaks Mountain Bike Patrol and local riders to develop volunteer support of the construction of this project in an attempt to provide Standard Professional Services Agreement- rev 09/01106 19 Professional: City: With Copy to: International Mountain City of Fort Collins, Park City of Fort Collins, Purchasing Bicycling Association Planning PO Box 580 Scott Linnenburger Attn: Kathleen Benedict Fort Collins, CO 80522 PO Box 7578 PO Box 580 Boulder, CO, 80306 USA Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $N/A. 6. Compensation. in consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Twenty Thousand ($20,000) in accordance with the scope of services attached hereto as Exhibit "A", consisting of twelve (12) pages, and incorporated herein by this reference.. All such fees and costs shall not exceed Twenty Thousand ($20,000. Monthly partial payments enough labor to realize as much of the initial Scope as is possible. Standard Professional Services Agreement- rev 09/01 /06 20 ACOR ,,M CERTIFICATE OF LIABILITY INSURANCE s%is%2OO7" PRODUCER (641)842-2135 FAR: (641)828-2013 McKay insurance Agency, inc. YHOLDER. 106 East Main Street P O Box 151 Knoxville IA 50138 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED IMBA P.O. Box 7578 Boulder CO 80306-7578 INSURERA General Casualty Co of WI 24414 INSURER B: INSURERA INSURER D: INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. kTE LIMITS SHOWN MAY HAVE BEE q REDUCED BY PAID CLAIMS. INSR ADDT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 GTO RENTED PREM SES Ea occur enoe $ 100,000 A R COMMERCIAL GENERAL LIABILITY CLAIMS MADE OOCCUR 0240437 3/3/2007 3/3/2008 MED EXP (Any one arson $ PERSONAL $ ADV INJURY $ 1,000,000 GENERAL AG REGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 PRO- R POLICY JECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea eccideM) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN FAACC $ ANY AUTO $ AUTOONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OC URRENCE$ OCCUR ❑ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WCR LIMITSTATU- TOS OTH- ANY PROPRIETOR/PARTNEWEXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICEPJMEM13ER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS20CATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is an additionalinsured but only with respect to liability arising out of the operations of the above named insured. Project Duration: June 1 - August 31, 2007. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Collins EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 215 N. Mason Street 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 2nd Floor FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Fort Collins, CO 80522-0580 INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Shelly Vander ACORD 25 (2001708) p ACORD CORPORATION 1988 INCMG,�, moo. �o AAAQ ,CI ono , �, l based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Proiect Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be d SO-e, version d. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either parry should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non - defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in 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, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the 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 Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting 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 illegal alien; except that Contractor shall not terminate the contract 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. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- 102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY OF FORT COLLINS, COLORADO By: 0) J m s B. O'Neill II, CPPO, FNIGP Director bf45urchasing & Risk Management DATE: --ram International Mount in Bicycling Association By: < RLfIr UNNW—%K?Gfit- Title: )1uabit- 4 ?�OAW6 CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: w 4Mt&Bix - mlo-WAT 464wor*t (Corporate Seal) Corporate Secretary EXHIBIT A Spring Canyon Park Mountain Bike Skills Area Plan Submitted By: The International Mountain Bicycling Association Trail Solutions Program For: The Fort Collins Parks and Recreation Department November 2005 Summary The International Mountain Bicycling Association's (IMBA) Trail Solutions program contracted with BHA Design and the City of Fort Collins to design a mountain bikes skills development area within the Spring Canyon Community Park. The proposed skills area will be located on the northern portion of the property, adjacent to a regional greenway trail. The Parks Department's stated wishes are to provide a mountain biking -centered recreational amenity in a natural area of the park that appeals to rider skill levels between beginner and advanced intermediate. The facility was designed to maximize the environmental sustainability through: • Trail grades that do not exceed the maximum sustainable grade of the local soil conditions; • Designing the facility in a manner that allows for landscaping that mimics the surrounding, natural lands; • Planning for the fortification of landing areas. The area is designed to manage risk through: • Providing only one, signed entrance to the area at which there will be an explanatory kiosk; • Designing park features that can be negotiated by riders of different skill levels, with qualifier/filter structures between areas of different skill level and clear fall zones, and; • Designing progressively more difficult features further away from the entrance, requiring riders to negotiate a number of challenges before accessing features with a higher inherent risk. The plan provides for both a high quality riding experience where risk is managed and a natural looking venue that manages erosion will provide a great recreational amenity in a small area. Mountain bikers looking to improve their riding skills can access the Spring Canyon Mountain Bike Skills Area with a trip to Spring Canyon Community Park via car or the adjacent greenway trail.