IGA; Boulder County; Boulder Canyon Trail Extention Project; Exp 12/31/2016 11/21/2016 Contract Tracking>Thank You
?n!6 NOV' 22 PN 5: 02
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Contract Routing Cover Sheet
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Routing Number 20161121-2469
Originating Dept Open Space/Mtn Parks
Contact Person Luke McKay Phone Number 13034137626
Project Manager/ Contract Luke McKay E-mail mckayl@bouldercolorado.gov
Administrator
Counter Parties Boulder County
Contract Title / Type Temporary License Agreement
Number
Description Temporary License Agreement between the city and Boulder County for the Boulder Canyon
Trail Extension project.
Special Instructions CM signature not required - see delegation # OSMP2016-001
Amount Expense Type
• Dept. Head Signature '0CtASY(rAi * edDY/Odc80t%h. iF �SfL(PaQ/�O'Q17 /
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• Purchasing
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• City Manager CM 5i'gr'StU'(e Y]/ff K'i��e'C� ���ii�riW F 05-pUe AdCJj(_ 00
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https:Y/work.bouldercolorado.gov/ContractTracking/servlet'Controller 111
TEMPORARY LICENSE AGREEMENT: BOULDER CANYON TRAIL EXTENSION
This TEMPORARY LICENSE AGREEMENT (the "License") is made as of the _�
day of h)noem be f . 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 State Highway 119 tunnel;
and
WHEREAS, the Parties are evaluating plans to extend the Trail further west along State
Highway 119 and Boulder Canyon Drive resulting in a 10-foot wide trail from the Trail's current
terminus; including a potential grade-separated connection to Fourmile Canyon Drive and the
County's Betasso Preserve, improving safety for cyclists, pedestrians and motor vehicles
traveling in Boulder Canyon, and
WHEREAS, the Parties have discussed access routes, schedules and protocols to limit
impacts to the Property defined in Paragraph 2, below, and adjacent City properties or rights of
way during the County's access and use; and
WHEREAS, the County and its contractors, consultants and agents are requesting access
to City owned parcels in order to conduct topographical, environmental and geotechnical surveys
(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 License.
2. The City hereby grants to the County and its contractors, consultants and agents temporary
access and use for the purposes of ingress and egress and to conduct topographical,
environmental and geotechnical surveys for the extension of the Trail, as shown on Exhibit
A attached to this License (the "Property").
3. The County and its contractors, consultants and agents 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 contractors, consultants and agents shall be responsible for any signage and
personnel necessary to protect the public during the Project.
4. The County and its contractors, consultants and agents 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 contractors, consultants and agents 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 contractors,
consultants and agents 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 License 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.
S. Neither parry is required to indemnify the other in connection with this License. However, each
party assumes responsibility for its actions and omissions in the performance or failure to
perform work under this License, 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. To the extent permitted by law, 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 and which are not governmental entities who are insured to the
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limits of the Colorado Governmental Immunity Act to procure and maintain in force during
the term of this License, at its own cost, the following minimum coverages:
a. Workers' Compensation and Employers' Liability
i. State of Colorado: Statutory
b. General Liability
i. General Aggregate Limit: $2,000,000
ii. Per Occurrence: $1,000,000
Coverage provided should be at 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;
W. 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 full 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 License is in addition to, and does not supersede,the terms and conditions of the IGA.
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12. If the City visits the Property and discovers noncompliance with the agreed upon terms of
this License or the IGA, the City can request a halt to operations. If operations are halted,
they may not resume until the City determines,in its reasonable discretion,that the County
and their contractor(s) are compliant with this License and the IGA.
13. The License shall expire on December 31, 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 License on the day and
year above first written.
BOULDER COUNTY, a body corporate and politic
Trans on Depar en
By:
George Gerstle, Di for
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
Acknowledged before me, a notary public, this day of-`) 1 LL i)) t t.2016, by
as
Witness my hand and official seal.
My commission expires: k l-
Notary Public
(SEAL)
MONICA ORTIZ
NOTARY PUBLIC
STATE OF COLORADO CITY OF BOULDER, a Colorado home rule City
NOTARY ID# 20114074268 Open S ce and Mountain Parks Department
MY COMMISSION.EXPIRES1112912019
By:
Tra' infre Ii
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