HomeMy Public PortalAbout2012.01.17 Idaho Department of Parks and Recreation - Special Use Permit"
I d a h o D e p a r t m e n t o f P a r k s a n d R e c r e a t i o n
S P E C I A L U S E P E R M I T
P E R M I T T E E : C i t y o f M c C a l l
P A R K / P R O G R A M : P o n d e r o s a S t a t e P a r k
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T h i s P e r m i t , m a d e a n d e n t e r e d i n t o t h i s 1 7 ` h d a y o f J a n u a r y , 2 0 1 2 , b y a n d b e t w e e n t h e I d a h o
D e p a r t m e n t o f P a r k s a n d R e c r e a t i o n , 5 6 5 7 W a r m S p r i n g s A v e n u e , P . O . B o x 8 3 7 2 0 , B o i s e , I D
8 3 7 2 0 - 0 0 6 5 , h e r e a f t e r r e f e r r e d t o a s " D e p a r t m e n t " a n d C i t y o f M c C a l l w h o s e a d d r e s s
i s 2 . 1 ( p e m s , . f f # 4 - 4 ( S T . A e _ C . 4 . , h e r e a f t e r r e f e r r e d t o a s " P e r m i t t e e " .
W i t n e s s e t h :
B y t h i s P e r m i t , t h e D e p a r t m e n t a u t h o r i z e s P e r m i t t e e t o u s e , s u b j e c t t o c o n d i t i o n s s e t o u t b e l o w ,
t h e f o l l o w i n g d e s c r i b e d l a n d s a n d / o r i m p r o v e m e n t s :
C r o s s c o u n t r y s k i t r a i l s a n d S n o w s h o e t r a i l s .
T h i s P e r m i t i s i s s u e d b y t h e D e p a r t m e n t f o r t h e f o l l o w i n g d e s c r i b e d a c t i v i t i e s :
S k i a n d S n o w s h o e l e s s o n s a n d r e l a t e d a c t i v i t i e s .
T h i s P e r m i t i s i s s u e d w i t h t h e f o l l o w i n g s p e c i a l c o n d i t i o n s t o p r o t e c t n a t u r a l o r p a r k r e s o u r c e s , o r
t o s a f e g u a r d p u b l i c h e a l t h , s a f e t y o r w e l f a r e .
A l l p a r t i c i p a n t s m y f o l l o w a l l p a r k r u l e s r e l a t i n g t o u s e o f t r a i l s a n d p a y m e n t o f f e e s .
N o w a l k i n g o n t r a i l s . D o g s r e s t r i c t e d t o d e s i g n a t e d t r a i l s .
T h e t e r m o f t h e P e r m i t i s l i m i t e d t o a m a x i m u m o f 1 2 0 d a y s , a n d i s h e r e b y i s s u e d f o r 1 2 0 d a y s
f r o m t h e 2 0 t h d a y o f J a n u a r y , 2 0 1 2 t h r o u g h t h e 3 0 ��d a y o f A p r i l , 2 0 1 2 , i n c l u s i v e l y .
C o n d i t i o n s :
1 . U s e o f s a i d l a n d s a n d / o r i m p r o v e m e n t s b y P e r m i t t e e s h a l l b e o n l y f o r t h o s e p u r p o s e s h e r e i n
d e s c r i b e d .
2 . N o a l t e r a t i o n s , m o d i f i c a t i o n s , i m p r o v e m e n t s , c h a n g e s o r d a m a g e s o f a n y n a t u r e s h a l l b e
m a d e b y P e r m i t t e e o n o r t o a n y D e p a r t m e n t l a n d s , o r i m p r o v e m e n t s w i t h o u t s p e c i f i c w r i t t e n
a p p r o v a l b y t h e D e p a r t m e n t i n a d v a n c e . T h i s s h a l l i n c l u d e a l l n a t u r a l a n d h i s t o r i c f e a t u r e s .
3 . P e r m i t t e e s h a l l r e l e a s e w i t h o u t l i m i t a t i o n t h e I d a h o D e p a r t m e n t o f P a r k s a n d R e c r e a t i o n , t h e
S t a t e o f I d a h o a n d a l l o f i t s p o l i t i c a l s u b d i v i s i o n s f r o m a n y a n d a l l l i a b i l i t i e s , c l a i m s a n d
c a u s e s o f a c t i o n a r i s i n g f r o m a n y a c t i v i t i e s r e s u l t i n g f r o m t h i s a g r e e m e n t .
4 . P e r m i t t e e s h a l l i n d e m n i f y , d e f e n d a n d s a v e h a r m l e s s t h e s t a t e , i t s o f f i c e r s , a g e n t s a n d
e m p l o y e e s f r o m a n d a g a i n s t a n y a n d a l l l i a b i l i t y , c l a i m s , d a m a g e s , l o s s e s , e x p e n s e s , a c t i o n s ,
a t t o r n e y f e e s a n d s u i t s w h a t s o e v e r c a u s e d b y o r a r i s i n g o u t o f t h e u n d e r s i g n e d ' s a n d / o r
r e p r e s e n t a t i v e p a r t i e s ' p e r f o r m a n c e , a c t s o r o m i s s i o n s u n d e r t h i s A g r e e m e n t , a n d , i f
a p p l i c a b l e , f o r t h i s p u r p o s e t o c a r r y a t i t s o w n e x p e n s e t h e f o l l o w i n g a m o u n t s o f i n s u r a n c e :
$1,000,000 for injury to or death of any one person per occurrence.
$1,000,000 for injury to or death of more than one person per occurrence.
$1,000,000 for damage to property and products per occurrence.
Policy or policies of liability insurance shall include the following special endorsement:
"The Idaho Department of Parks and Recreation, their officers, employees and
agents, are hereby declared to be additional insured's under terms of this policy,
both as to activities of the state of Idaho, and Idaho Department of Parks and
Recreation and their officers, employees and agents as related to the activity
described herein. The state of Idaho is not liable for payment of any premiums or
assessments on this policy."
5. Permittee shall comply with Department rules, regulations and procedures governing IDPR
parks and programs, and all federal, state, county, and municipal laws, ordinances or
regulations that are applicable to the area or operation authorized herein.
6. Permittee shall pay to Department $4 per person/day and $5 per vehicle/day driven into
the park for the activities provided by permittee, unless person has valid state park
Nordic ski pass or McCall Area Pass and Annual State Park Vehicle Passport for use of
said lands and/or improvements and any other services agreed to herein. This payment is
nonrefundable.
7. Prior to any on -site occupancy, Permittee shall post a bond or cash deposit with Department
in the amount of $0 to assure that use of said lands and/or improvements will be as hereby
authorized and agreed to. Return of said bond or deposit is subject to compliance with terms
and conditions of this Permit.
8. Permittee shall keep said lands and/or improvements to standards of repair, orderliness,
sanitation and safety acceptable to Department. Prior to termination of this Permit, Permittee
shall clean and restore said lands and/or improvements either back to original condition or to
a condition satisfactory to Department.
9. Permittee agrees that public use of said lands and/or improvement will not be unreasonably
restricted.
10. Permittee shall comply with any special instructions received from the Park/Program
Manager in charge.
11. This Permit is subject to all other valid contracts, rights of way and easements in effect upon
said land and/or improvements.
12. No employee of Department may work for Permittee in any capacity or accept a gratuity of
any nature whatsoever.
13. A Special Use Permit not used for the purpose for which it was granted for a period of thirty
(30) days is presumed abandoned and shall automatically terminate. The Park/Program
Manager shall notify the Permittee in writing of the termination. The Permittee shall have
thirty (30) days from the date of the written notice to reply in writing to the Park/Program
Manager to show cause why the Special Use Permit should be reinstated. Within thirty (30)
days of receipt of the statement to show cause, the Park/Program Manager shall notify the
Permittee in writing as to the Park/Program Manager's decision concerning reinstatement.
14. Special Use Permits cannot be assigned without the approval of the Park/Program Manager.
To request approval of an assignment, the Permittee must contact the Park/Program Manager,
for approval and processing to include the issuance of a new Special Use Permit with
associated fees.
14. Should the land be needed for park development or recreation use, the Department reserves
the right to order the change of location or the removal of any structure(s) or facility(ies)
authorized by a Special Use Permit at any time. Any such change or removal will be made at
the sole expense of the Permittee, its successors or assigns. When a Special Use Permit is
terminated prior to its stated expiration date pursuant to this provision, the Permittee will
receive a pro-rata refund of compensation paid.
15. The Special Use Permit is not exclusive to the Permittee, and shall not prohibit the
Department from granting other Permits or franchise rights of like or other nature to other
public or private entities, nor shall it prevent the Department from using or constructing
roads and structures over or near the lands encompassed by the Special Use Permit, or affect
the Department's right to full supervision or control over any or all lands which are part of
the Special Use Permit.
16. The Permittee may voluntarily relinquish a Special Use Permit any time by contacting the
Park/Program Manager in writing.
17. The Department may cancel a Special Use Permit if the Permittee fails to comply with any or
all of its provisions, terms, conditions, or rules; or through willful or unreasonable neglect,
fails to heed or comply with notices given.
18. Upon termination, cancellation, expiration, or relinquishment, the Permittee shall have thirty
(30) days from the date of termination to remove any facilities and improvements constructed
by the Permittee, and shall restore the Permit site to the satisfaction of the Park/Program
Manager. Upon written request, and for good cause shown, the Department may allow a
reasonable additional time for the removal of improvements and facilities and the restoration
of the site.
In witness whereof, the parties have hereunto subscribed their names as of the date first above
written.
By l L ( Date / / 7 - 2A/2_
By Date
Immediate Supervisor
By Date
Permittee
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AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT
THIS AGREEMENT, is by and between The City of McCall (hereinafter, "OWNER") and Curtis Clean Sweep,
Inc., (hereinafter, "CONTRACTOR"):
NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out,
agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the OWNER or City and the Contractor
concerning the work to be performed are this Contract, pages one (1) through (4) and the following:
1. Bid Documents titled, 2012 STREET STRIPING
2. Standard General Conditions of the Construction Contract, 2010 ISPWC (Idaho Standards for Public
Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive).
3. Bid Proposal of the Contractor, dated May 15, 2012, to be physically attached to this Contract;
4. The following which may be delivered or issued on or after the Effective Date of the Agreement and are
not attached hereto:
a. Notice of Award
b. Notice to Proceed.
c. Written Amendments.
d. Work Change Directives.
e. Change Orders.
5. Change Orders, which may be delivered or issued after the effective date of this Agreement;
6. Addenda issued prior to opening of bids, to be physically attached to this contract;
There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change
order as provided in the General Conditions.
ARTICLE 2. WORK
The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents.
The Work is generally described as follows: 2012 STREET STRIPING.
ARTICLE 3. PROJECT ENGINEER, MCCALL CITY ENGINEER, MCCALL PUBLIC
WORKS DIRECTOR
1.01 The project has been designed by the City of McCall City Engineer (Project Engineer), assume all
duties and responsibilities, and have the rights and authority assigned to "Engineer" in the Contract
Documents in connection with the completion of the "Work" in accordance with the Contract
Documents and the General Conditions of the Idaho Standards for Public Works Construction
(ISPWC).
1.02 The McCall Public Works Director (Director) will be the Owner's representative. The Director will
serve as the approving agency for the project and serve a liaison between the Project Engineer and the
OWNER.
ARTICLE 4. CONTRACT TIME/SUBSTANTIAL COMPLETION
The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to
the date of completion. The project site will be available to the Contractor for project implementation on May 29,
2012, or when weather conditions permit, and only after approval of the Project Engineer.
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The work to be performed pursuant to this Contract shall be substantially complete on or before June 23, 2012 and
ready for final payment in accordance with Paragraph 14.07 of the ISPWC General Conditions on or before July 1,
2012, 2012. Work can be performed 5 days a week (Monday thru Friday) for a period of 12 hours (7:00 am to 7:00
PM) per day. Adjustment of the contract time can be made in accordance with the provisions of the Contract
Documents as directed by the Project Engineer, Public Works Director, or the OWNER.
ARTICLE 5. CONTRACT SUM
The OWNER or City shall pay the Contractor for completion of the Work in accordance with the Contract
Documents in current funds the amount of Twenty five thousand, nine hundred forty five dollars ($25,945.00).
Said Contract Sum shall be paid in accordance with the Contract Documents.
ARTICLE 6. INDEPENDENT CONTRACTOR
The parties warrant by their signature that no employer -employee relationship is established between the Contractor
and the OWNER by the terms of this contract. It is understood by the parties hereto that the Contractor is an
independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are
employees of the OWNER for purposes of tax, retirement system, or social security (FICA) withholding.
ARTICLE 7. SCOPE OF SERVICES
The Contractor shall perform all services required by the Contract Documents. A11 work shall be completed in
accordance with the specifications and plans established for this project.
ARTICLE 8. HOLD HARMLESS/INDEMNIFICATION
In addition to other rights granted the OWNER by the Contract Documents, the Contractor shall indemnify and save
harmless the Architect and the Owner, its officers and employees, from all suits, actions, or claims of any character
brought because of any injuries or damages received or sustained by any person, persons, or property on account of
the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in
safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or
omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts
recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or
recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree.
ARTICLE 9. CONFLICT OF INTEREST
The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the
project which would conflict in any manner or degree with the performance of its services hereunder. The
Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest.
Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose
such conflict to the Project Manager, Architect and the OWNER.
ARTICLE 10. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY
This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises,
or inducements made by either party, or agents of either party are valid or binding unless contained herein. This
contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The
Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder
other than as contemplated by the Contract Documents, without the prior written consent and express authorization
of the OWNER.
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ARTICLE 11. ADHERENCE TO LAW REQUIRED
All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be
adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material
and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance
on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and
his surety shall indemnify and save harmless the OWNER and the City of McCall and its employees, agents and
representatives against any claim or liability arising from or based on the violation of any such laws, codes,
ordinances, or regulations, whether by himself, his employees, or his subcontractors.
ARTICLE 12. LEGAL FEES
In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing
party is entitled to recover reasonable attorneys fees and other costs and expenses, whether the same are incurred
with or without suit.
ARTICLE 13. SPECIAL WARRANTY
The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or
inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social
activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or
negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null
and void.
ARTICLE 14. COMMUNICATIONS
Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the
parties at the following address:
Contractor: Curtis Clean Sweep, Inc
PO Box 44112
Boise, ID 83711
Owner:
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City of McCall
216 E. Park Street
McCall_, Idaho 83638
IN WITNESS WHEREOF, said Contractor and the OWNER or City have caused this Contract to be executed on the
day and year first above written.
Contractor: Gs' f / - C/ e__�/n Go
y:
ACKNOWLEDGMENT
ai ey, Mayor
ATTEST:
agner. CClerk
Approved As To Form:
William F. Nichols, City Attorney
On this 16 day of ArN , 2012, before me, a Notary Public of the State of Idaho,
personally appeared MA.� in his official capacity as V t C 2 VineC.X
known to me to be the person described in the above document and acknowledged to me he executed the same.
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