IGA; Boulder County; temporary construction easement; Exp 6/30/2016 81?12016 C ontr act Tracking>Thank You
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Routing Number 20160602-1839
10rlginating Dept Open Space/Mtn Parks
Contact Person Luke McKay Phone Number 303-413-7626
Project Manager/ Contract Luke McKay E-mail mckayl@bouldercolorado.gov ;
Administrator
Counter
l Counter Parties Boulder County
Contract Tltle / Type Temporary Construction Easement
Number
Description Temporary Construction Easement granted by the City to the County in order for the County to
drill a geotech boring on City Open Space for the design of support structures for the Boulder
3 - Canyon Trail Extension bridge over Boulder Creek--a joint project between the City and the
County.
?Special Instructions Please expedite and return to Luke McKay by Thursday,June 9th. The County would like to
1 Ibegin work next week.
Amount Expense Type
Dept. Head Signature
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TEMPORARY CONSTRUCTION EASEMENT: BOULDER CANYON TRAIL
EXTENSION
This TEMPORARY CONSTRUCTION EASEMENT (the"Easement") is made as of the
day of 2016,by and between the City of Boulder, Colorado, a Colorado
home rule city(the"City"),and the County of Boulder, a body corporate and politic(the"County")
(collectively"the Parties").
RECITALS
WHEREAS, the Parties entered into an Intergovernmental Agreement for Design and
Construction of the Boulder Canyon Trail(the "IGA") dated March 31, 2015 to extend the
Boulder Canyon Trail (the "Trail") from its existing terminus to the SH 119 tunnel; and
WHEREAS, some segments of the Trail will be located on City owned parcels; and
WHEREAS, the Parties have discussed access routes, the location of the geotech boring,
schedules and protocols to limit impacts to the Property and adjacent City properties or rights of
way during the County's access and use; and
WHEREAS, the County and its contractor(s)have started designing and constructing the
Trail and are requesting access to a City owned parcel in order to drill a geotech boring for the
design of support structures for the Trail's bike and pedestrian bridge over Boulder Creek(the
"Project");
NOW,THEREFORE, in consideration of the promises and obligations set forth below, the
Parties agree to the following:
TERMS AND CONDITIONS
1. The Recitals set forth above are incorporated herein and made a part of this Easement.
2. The City agrees to provide the County and its contractor(s) temporary access and use for
the purposes of ingress and egress and to drill a geotech boring for the design of the Trail's
bike and pedestrian bridge, as shown on Exhibit A attached to this Easement (the
"Property").
3. The County and its contactor(s) shall take all necessary precautions during the Project and
coordinate with the City as to not disrupt the City and the public's access and use of the
Property and adjacent City properties or rights of way. The County and its contractor(s)
shall be responsible for any signage and personnel necessary to protect the public during
the Project.
4. The County and its contractor(s) shall not store, use, manufacture, generate, transport,
discharge or dispose of any hazardous or toxic substance,material or waste on the Property.
5. The County shall require its contractor(s) to exercise due care and best management
practices in accordance with all applicable federal, state and local laws to minimize the
disturbance of the Property and shall pay for or repair any damages resulting from the
failure to exercise due care as requested by the City. This shall include taking all necessary
precautions to avoid any unnecessary damage to both the Property and adjacent City
properties or rights of way, including but not limited to damage to any vegetation, soil,
surface water, fences, roads and trails. The County and its contractor(s) shall not enter the
Property with equipment or vehicles when the ground is muddy or when such equipment
will damage the Property and any other City property or right of way.
6. Upon completion of the Project, the County shall restore all of the impacted Property and
any other City property or right of way impacted by this Easement to a level comparable
to its original condition. The County agrees to take Pre- and Post-Project photographs of
the Property and provide those photographs to the City. The Parties will do a Post-Project
site visit to evaluate any restoration or repair needs.
7. Before entering the Property, the County shall notify the City of the expected time of its
entry and of the expected duration of the Project. Whenever notice to the City is required
to be given hereunder, it shall be provided to Kelly Wasserbach, Engineering and Project
Management Supervisor, (720) 564-2064, wasserbachk@bouldercolorado.gov.
8. Neither party is required to indemnify the other in connection with this Easement.However,each
party assumes responsibility for its actions and omissions in the performance or failure to
perform work under this Easement, as well as the actions and omissions of its agents and
employees. Neither party waives or intends to waive the limitations on liability which are
provided to the Parties, their officers, and employees under the Colorado Governmental
Immunity Act, Section. 24-10-101 et. seq., C.R.S.
9. The County agrees to cause its contractors, consultants or agents performing any of the
work related to the Project to indemnify and hold the City harmless from and against all
losses, claims, demands, liabilities, injuries, damages and expenses, including, without
limitation, attorneys' fees and court costs the City may suffer or incur which may arise
from negligent or wrongful performance of the contractors, consultants or agents while
completing the Project.
10. The County agrees to cause its contractors, consultants or agents performing any of the
work related to the Project to procure and maintain in force during the term of this
Easement, at its own cost, the following minimum coverages:
a. Workers' Compensation and Employers' Liability
i. State of Colorado: Statutory
b. General Liability
2
i. General Aggregate Limit: $2,000,000
ii. Per Occurrence: $1,000,000
Coverage provided should beat least as broad as found in Insurance Services Office(ISO)
form CG0001.
c. Automobile Liability Limits
i. Bodily Injury&Property Damage
Combined Single Limit: $1,000,000
Coverage provided should be at least as broad as found in ISO form CA0001 (BAP)
including coverage for owned, non-owned and hired autos.
d. Insurance shall:
i. Provide primary coverage;
ii. Include the City and its officials and employees as additional insureds
as their interest may appear (except for Worker's Compensation and
Professional Liability). Additional insured endorsement should be at
least as broad as ISO form CG2010 for General Liability coverage and
similar forms for auto liability;
iii. Include a waiver of subrogation for General Liability coverage;
iv. Issue from a company licensed to do business in Colorado having an
AM Best rating of at least A-VI; and
V. Be procured and maintained in fall force and effect for the duration of
the Project.
e. Certificates of Insurance evidencing the coverages described herein shall be
forwarded to the Engineering and Project Management Supervisor. Certificate
Holder shall be: City of Boulder, 1777 Broadway, Boulder, CO 80306.
f. Within seven days after receiving insurer's notice of cancellation or reduction in
coverage, the County, and its contractors, consultants, and agents, or its insurance
broker(s), shall notify the City. In either such case, the County, and its contractors,
consultants, and agents, shall promptly obtain and submit proof of substitute
insurance complying with the City's insurance requirements.
11. The Easement is in addition to, and does not supersede, the terms and conditions of the
IGA.
12. If the City visits the Property and discovers noncompliance with the agreed upon terms of
this Easement or the IGA,the City can request a halt to operations. If operations are halted,
they may not resume until the City determines that the County and their contractor(s) are
compliant with this Easement and the IGA.
3
13. The Easement shall expire on June 30, 2016, or at the Project's completion, whichever
occurs earlier.The County shall notify the City once the Project is completed in accordance
with Paragraph 7 hereunder.
IN WITNESS WHEREOF,the Parties have set their hands to this Easement on the day and
year above first written.
BOULDER40 NTY, a body corporate and politic
By: _
Title:
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
Acknowledged before me,a notary public,this day of OLLLUI`^2016, by
as
Witness my hand and official seal.
My commission expires:
Notary Public �—
(SEAL)
MONICA ORTIZ
NOTARY PUBLIC
STATE OF COLORADO
= NOTARY ID#20114074268 CITY OF BOULDER, a Colorado home rule City
'y^OM AISSION EXPIRS81112912019
Jane. Br tigam, City Manage
ATTEST;
Cit -
APPROVED AS TO FORM:
City ttomey's Office (-0_c3- l to
4
TEMPORARY CONSTRUCTION EASEMENT
BOULDER CANYON TRAIL EXTENSION
EXHIBIT A
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SCHNELL Ilb
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Legend
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Perennial Stream _ -
-- Ephemeral Btreaml Intermittent Stream
e—e Aqueduct 6 F1001esIB
OSMP Land
OS P Ownership t
OSMP Joint Ownership
OSMP Conservation Easement
OSMP Joint Conservator,Easement
OGeotech Boring Location(Ira"Property^)
Hiking Trail
o MUIt W se Trail,Paved PaN
•-•• Clint,mg Access
•••• Gliding Access
Feet Prepared by Luke McKay
City of Boulder OSMP
49 0 15 30 60 90 120 May 20,2016