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Home My WebLink Aboutbocc.res.154.1997 :�`• ..�.-- ' -----___ ._____ :�:::` .,,: , . _ ...::. .,.,.. ��;��,,�:. �:t-�,<=.;*;`;°�. p,??��< :�, _�t'• . ;�` �y�• AN INFORMA,L RESOLUTION OF THE BOARD OF COUNTX COMNIISSIONERS O� 'y`- . PITHIN COUNTY,COLORADO AUTHdRIZING THE CHAIIiPERSON TO SIGN AN ;•� �,, AMENDMENT TO THE CONSTRUCTION LICENSE AGREEMENT WITH THE ti� ROARING FORK CLUB FOR RECONSTRUCTION OF THE TRAIL IN ORAER TO y�`,' '.;• FACILITATE CONSTRUCTION OF A ROADWAY INTERSECTION ' � y `�� - RESOLUTION#97- ! RECITALS :�� •j S.r.::Y,.`'': A. RFC is the successor Cttantor pursuant to that certain Trails and Trails Facility Easement � ' Agreement dated May 10,1995,by and between the Arbaney Ranch Partnership,Ltd.and Fierman €� � ' A.and$eulah B.Arbaney as the original grantors,and the BOCC as Grantee,recorded in Book '` � � 780 at Page 653 of the Pitkin County Records(the"Trail Easement"). i ' . ._.: - I' ' B. The Trail Easement was acquired by funds of the Pitkin County Open Space and Trails program upon recommendation by the Pitkin Couniy Open Space and Trails Board of Trustees i� . ("Trails Boazd")to the BOCC. '.' iSY Y��. ' C. In 1996, RFC requested approval from the BOCC, through the Trails Board, for ��1� reconstruction of the Trail in order to facilitate construction of a roadway intersection, which A: � � reconstrucrion was recommended by the Trails Board to the BOCC subject to the conditions set j� � forth in the Construction License Agreement dated December 17, 1996(the"Agreement")and the � elimination of any other or further crossing of the BasalUOld Snowmass Trail(the"Trai!)by RFC � roads,driveways or other vehiculaz crossings. � ' � D. RFC now requests an amendment to snch Agrcement(this"Amendment"),in order to extend the license and to approve certain changes made by RFC to the trai!realignment previously � agreed to among the parties,which changes were made by RFC without prior approvai of the Trails Board or the BOCC. : �. s E. The Trails$oard has reviewed RFC's plans(including landscaping plans and design ' criteria for underpass walls)consisting of fully ettgineered designs and specifications,for a grade separated intersecrion and the realignment of the Trail,together with an anticipated time table For � w construction, and desires to recommend to the BOCC approval of this Amendment to the �; a Agreement approving the realignment of the Trail already implemented by TtFC, the proposed ; i; reconstruction and realignment of the Trail south of the grade separated crossing and underpass, � and the measures proposed by RFC for the mitigation of the impacts of the previous unapproved t Trail realignment;all of which aze io be completed at RFC's sole expense,subject to the conditions f • as set forth below. t NOW THEREFORE, be ii resolved that the Pitkin County Board of County Commissioners,of Pitkin County Colorado,hereby authorize the chairperson and the Pitkin County . Recorder to, respectively, execute and attest the attached Amended Construction License + " Agreement with the Roaring Fork Club for purposes of reconshvction of the Trail in order to I ` ��'- . � � I(Ilfil 1liil Ilili!Illli IIIIII!II 1111111 iii ilill llii Ilii "�� 408483 08/16/1997 11:03ii RESOLUTI DAtlIS SILVI ,�:;;� , 1 of 13 R 0.00 D 0.00 N 0.00 PI7KINC0 COLORiiDO /, . . . i . � t.;ri,;.��.'� . . . 1 w ; . . � t . , . . , .�.__ __.� T __ . _ _ ___ a�: . ._.__._. � - ,�.;t:;� . k " � ��,,.. � �r �4. Y Ff� t..,<. _ F ��:: . i� �•,�`'�'�'.: facilitate construction of a roadway intersection,and any and all documents necessary to complete ,%�,:` the transaction,subject to prior approva!of the form of such documents by the County Attorney's � Og'ice,and upon recommendation of approvai of the Contract by the Open Space and Trails Board `- `�ti of trustees,and upon the terms and conditions set forth in the contract. ' � �� i i',.''�, i , INTRODUCED,FIRST READ AND ADOPTED ON THE 13TH DAY OF AUGUST ,= •. �� 1997. �� ,. i�:.:'.'�.; � A ST: BOARD OF COUNTY COMMISSIO RS e';:''' ' , PITKIN COUNTY COLORADO :-.�.,��. � / �� .... . �� l, J ette 7ones Bill Tuite ` , puty Cterk Chairman , ' ; :� c J' DaYe: � / � � ! t��. : �t' F APP OVED AS TO FORM: i'� _ . !' 1 � 0��, �' Deb ah Quinn �,�b-9 7 S Konchan � �� County Attomey Co anager - R�� - \ . . .�' • ;+ . � i� �t : � ;. _ i !` `i� �ge ' � b t 1; _j �� S � ( 8 • [ i [ �{ 7 r . - � 211111(l1111!llltll IIlII Ilftllll(INlllf II( , �- �� f 4884l3 09/16/1997 11:03p ItESp�U7= !'II'I�'I I��I ,, 2 of 13 R 0.0e D 0.00 N 0.00 PITKINCO COLORppp ' i ' j' :/:. . . - ,.��yz� � �`` . • Y ',', . " ' " �: , ,I" + . • .k . �.._T�_.__.-�. . __. ,_. _ ....__ _ __ --------- �.y .. ., .�_ ., , __... 'r�/ t�� i.�'. � ( �� Y `•' n� �l, . ,�;�t,. ,:: � AMENDMENT TO CONSTRUCTION L.ICENSE AG�BMENT � �. �., THIS AME�JDMENT' TO CONSTRUCTION LICENSE AGREEMENT is made and ' `,..� entered into this��'day of August,1997,by and between ROARING FORK CLUB,L.P.("RFC") i .. � and the BOARD OF COiJNTY COMMISSIONERS OF PITKIN COIJNTY("BOCC"). ` { RECITALS "``" � . 0.:._r,.^''_ A. RFC is the successor Grantor pursuant to that certain Trails and Trails Facility Easement Agreement dated May 10,1995,by and between the Arbaney Ranch Partnership,Ltd.and Fierman � , ,,. A.and Beulah B.Arbaney as the original grantors,and the BOCC as Grantee,recorded in Book � . F 780 at Page 653 of the Pitkin Counry Records(the"Trail EasemenY'). _ B. The Trail Easement was acquired by funds of the Pitkin County Open Space and Trails '�:�` program upon recommendation by the Pitkin County Open Space and Trails Board of Trustees ("Trails Boazd")to the BOCC. t� ' C. In 1996, RFC requested approval from the BOCC, through the Trnils Board, for f�� reconstrucrion of the Trail in order to facilitate conshuction of a roadway intersection, which �; j reconstruction was recommended by the Trails Boazd to the BOCC subject to the condirions set t • � forth in the Construction License Agreement dated December 17, 1996(the"Agreement")and the �� elimination of any other or fiuther crossing of the BasaldOld Snowmass Trai((the"Trail)by RFC ' roads,driveways or other vehiculaz crossings. �... • ; D. RFC now requests an amendment to such Agreement(this"Amendment"),in order to � . � extend the license and to approve certain changes made by RFC to the trail realignment previously � .- agreed to among the parties,which changes were made by RFC without prior approval of the Trails • Boazd or the BOCC. `i � E. The Trails Boazd has reviewed RFC's plans(including landscaping plans and design t criteria for underpass walls}consisting of fiilly engineered designs and specifications as more fully ? described in paragraph 1 below(the"Plans"),for a grade sepazated intersection and the realignment � of the Trail,together with an anticipated time table for construction,and desires to recommend to ' � the BOCC approval of this Amendment to the Agreement appmving the realignment of the Trail � already implemented by RFC,the proposed reconsuvction and realignment of the Trail south of the igrade separated crossing and underpass,and the measures proposed by RFC for the mitigarion of the impacts of the previous unapproved Trail realignment; all of which are to be completed at , � RFC's sole expense,subject to the conditions as set forth below. NO W TE-IEREFORE,in consideration of the extension of this license and for other valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as ,, follows: ` . ., � �- i I I"�II"III"I'II II'I'I�I'I'I'I'III'II III"I"(III I"I 408453 09/16/1997 11:03p RESOLUTI DiiVIS SILVI 3 ef 13 R 0.00 D 0.00 N 0.00 PITKINCO COLORfiDO , . _ � � : . / _ ( . t 4 ' .. . � . i. � � �k� ��..__�.-__._^--. . ___ . .__ . . _ ' '.___-'_'..._ . - -� -�---� _ __.___ ..., _____..�...�__. :. �--- ----- ---- ' �:�,�;-�• y�'i l�'r�" y i.{;..;. ;1:�'�• :!. , .�' M1�; . �•i°•+ 1. rant of,�ended .ons �ction jcense. Subject to the recitals and conditions as set �� •`''_ F forth in this Amendment, the BOCC grants to RFC an amendment to the construction license described in the Agreement and an extension to such license,to enter onto its Trail Easement for , -`1� the limited purpose of realigning and reconstructing the Trail,as detailed in the Plans described � below. Tlvs license shall expire on October 30,1997,except as provide herein. .� ''� RFC is hereby authorized to reconstruct and realign the Trail (as described in the Trail Easement) in accordance with the foIlowing descnibed Plans (as supplemented by the other f:%<.�"' provisions of tius Amendment),copies of which shalt be either attached hereto as exhibits or kept � � on file in the offices of the Trails Board: the engineered plans stamped by Pat O'Connor, P.E., �?'� � pages 1-3 dated 6/3/97 as reviewed and signed by James F.Chazlier,President,Chatlier Associates, I_° Inc.;the AMCOR as-built drawings o€the trail underpass,page 1 of 1,dated 4/9/97;the engineered ' plan for ihe Ptexiglas rail section on the underpass page S1.IA, dated 6/23/97; the letter from ' Chazlier Associates, Inc., dated 6/20/97; the renderings by John Latch, landscape azchitect, - representing the river mck veneer for the Arbaney Ranch Road retaining walls(as supplemented by +..:�� . photographs of the Waterman Bridge abutments);and the landscape plans submitted to the Town of Basalt in accordance with the RFC PUD Application,pages Ll.l,L1.2,L4.1,L-9 and L-9.L ;;. • Witl�in 30 days following completion of sucfi reconshuction and reatignment to the � , • complete satisfacdon of the$OCC,after consultation with the Trails Board,RFC shall prepare and '�;) i submit to the BOCC a lega!description and survey of the affected portions of the Trail as well as �� all documents necessary to aznend the Trail Easement to reflect the reconstruction and granting to � i the BOCC an easement along the reconstructed alignment,which documents shall be executed and � recorded by the parties. " t 2. Term� of Recon�tru�jon and Mitigation. RFC agrees that ihe reconstruction of the ' � � � Trail,as authorized by this Amendment to the Agreement,shall be undertaken at its sole expense � � and shall be completed in accordance with the following conditions: . : � a. All terms,condilions and locations set forth in the Plans shall be adhered to _ z strictly, unless, after consultation with the Trails'$oazd and the BOCC, a written release or + i amendment to the Plans is entered into by the pazties prior to the commencement of any work or �' action which deviates&om the Plans. All construction shaIl be performed in accordance with the F' = Pitkin County Trails Design and Management Standards(the"Standards"),unless the parties agree , - � otherwise in writing. , � i ; b. Atl work performed under the Plans shall be discussed with the Trails Boazd's Project Manager, who shall be notified upon commencement of any construction acriviries, . c including,but not litnited to,construction of the temporaty detour trail,reconstruction of the Trail, , " placing of rock veneer upon the underpass,placing of the Plexiglas wails upon the underpass, � placement of hazard waming signs and stenciis; installation of boulder walls near the Trail, landscaping within the site distances at the north and south entrances to the underpass(as noted in the Plans), and painting of the interior of the underpass. The Project Manager shall be given � `' , ? N i � ��"��"��I��'��'��1��!�� 408433 09/16/3997 11:03R RESOLUTI DRYIS SILVI 4 of 13 R 0.00 D 0.00 N 0.00 PITKINCO COLORRDO . i. ;. / . . . ... . . - i . � � _. . t -� t � Y . � ��". '-��..-T- . ____ _ " .. . .. _._ �_..._"_..._ `♦'` $J� 1'_. } . ..�. __ �__ �_.� „W., .�... _. � .. �__��- — —— — — ' ,•. ;:�;.. �:;�;'f:. ��'�r��;` :} .a ,�„Y . . :•:.c� reasonable notice to allow inspection of such conshvction activities, and should the Project � -`''_ Manager reasonabIy.disapprove in writing any construction results as not conforming with this Amendment, the Plans or the Standards, RFC shall immediaEely take whatever measures are l ,�ti y necessary to correct the results. Any delay in completion resulting from necessary cotrective ;•�� •.�• measures shall be subject to the liquidated damages as set forth in paragraph 3 below. Following ' • completion of the re�onstruction of the Trail and the mitigation measures,the Project Manager shall � complete a"punch list"with a representative of the RFC identifying any mistakes or oversights made during the construction activities permitted by the Agreement and this Amendment,and RFC ' :�:�.'�-,��'. agrees it shail, at its expense, immediately correct any items noted on such punch list to the � satisfaction of the Pmject Manager. !'`;r%' c. As mitigation For the sharper entrances to the underpass than were originally ' agreed,RFC agrees to implement certain measures,including ihe painting and signage specified in ' the Plans. The parties agree,however,that the signs may be limited to two signs south of the _ underpass,one of which shall be placed 200'from the south entrance and the second of which sha11 '�?� be placed 50'from the south entrance,ail in accordance with the Plans;and one sign shalt be placed 50'from the north entrance which shall state"Slow""Tunnel Ahead"as described in the Standazds. The design of the signs sha11 be agreed to by the RFC and the Trails Board and may include a �+'. : wooden border around the sign design specified by the Standazds. The Trails Boazd's approval of S`�.: . the sign design shall not be unreasonably delayed or withheld. Sigas shall be ordered by RFC from ��;; a provider acceptable to the Trails Boazd. Any stencils proposed to be painted upon the Trail shall A - be approved by the Project Manager in advance. � : d. RFC shall place signs and vehicle barriers in the planned golf path which also � crosses the Trail,which signs shall direct golf carts off of the Trail and onto the entrance road to • prevent a second vehicular crossing of the Trail,and shall take whatever measures necessary to - , � prevent golf cart usage of the path in the future_ RFC shall perform all work necessary to construct : : � the portion of the golf path which is within the Trail Easement in accordance with the schedule set - forth on Exhibit B,including the moving of matetials by shovel on both sides of the Trail to create grades for the future intersection of the golf path and the Trail. Any work within the Trail � Easement not completed in accordance with the schedule set forth on Exhibit B,or any fiuther undisclosed or unanticipated impacts to the Trail as a result of such work,shall require a further : license ao eement from the BOCC. RFC shall not Qlace any additionai roads,driveways,or other vehicular crossings across the Trail. This representation and pmhibirion shall survive the expiration . `� of this license. � � � e. Landscaping using predominanlly native materials shall be placed along the Trail + (but not within the Trail Easement)between the Trail and any roads,in accordance with the Plans, and maintenance and irrigation of such native vegetation and landscaping shall be the responsibility ' of RFC. RFC agrees to place plantings in addition to those identifred on the Plans between[he � . i Trail and the RFC access road,however,with respect to any landscaping,RFC shall assure that no � landscaping which is installed shall be allowed to exceed two (2) feet in height within the site 11 . :: 3 1 �' 1 I I"III"II�"I�'I II'I'III'I�I�I'lII"I III"IiI'll�I"I 408463 09/16/1997 31:03R RESOLUTI DiiVIS SILYI S of 13 R 0.00 D 0.00 N 0.00 PITKINCQ COLORFiDO . � ,. / �.,� � -�. / _, a ,>-. �.j_,., . �':!ii�ia:�:�: ' . .�Ff(i '� . . � ; e.¢ � :-,• . , �..� .Q�.:. . _ . _. . . _." _._.._ . ` r,,,�.—.. _'__. ._.—'' —_' li, '�',1'y�tt- �. � � Y _�. ._ _ � � ti , : �,��i��': �,,,+�Y�i;, `7;*,} �+f�,'.:..,4;., ' ��<, ,�, »�:.,; distances noted in the Plans at the north and south entrances to the underpass, and this .;:�� represeniation shall survive the expiration of this]icense. - :;;�� '�: f. Boulder walls and rock retaining walls shall not exceed two (2)feet in height �;y�.`: .f. within the site distance areas noted on the Plans. To assure such limitations are met, RFC shall � • establish a string line during construction which is two(2}feet above grade along the site distance �' ` � areas noted in the Plans. �`�' �` g. The Trail will not be closed at any time during reconstruction and realignment, ' whether by the moving of material across or onto the Trail,the clriving of the Traii by vehicles used `"r�` by RFC,its employees,contractors,subcontractois,agents,licensees or invicees,the storing of any �-�.�:� � conshuction related materials or equipment,or oiherwise, The Trail will be rerouted at a location �'�`•:-: = x.., shown on the Plans and a temporary trail wiil be built in accordance with the Standards for soft ' • C '. surface trails. Construction of the temporuy hail will be completed and such temporary trail will +;. :: +.-;,` ' be in usabie condition,as detem�ined by and approved by the Traits Boazd's Project Manager or ;:: . fi �f. other designee,prior to temporary closure of the existing Trail for reconstruction. The temporary +` trail detour will be appropriately and adequately signed and fenced to alert h�ail users to stay on the if: temporary detour and to prevent the movement of rceks,conshvction debris or vehicles apon or F;.;' �� across the temporary�ai]detour. j �`'•;? . , h Advertisements will be placed in the local newspapers(at a minunum, in the ,�f Roaring Fork Sundav and the Vallev 7ouma1l and locai schools will be conYacted in an effort to � provide public notice regarding the construction schedule and detour, both for the reconshvcted • ' trail (if school is in session during any part of the construction period) and for the golf path u _ construction. � i. For safety purposes,RFC shall pmvide,during conshuction hours,a flagperson � � , on either side of the underpass duting any construction acGvity on the�ail or on the overhead roadway,as provided by t�te Pians. Further,scaffolding over and azound the hail shall be erected by RFC prior to commencing to place any of the river rock veneer upon the underpass walls,in order to protect trail users from falling debris and rocks. j. The reconstructed Trail shall not be deemed completed in accordance with the Agreement and this Amendment and no easement for the reconstructed trail shall be accepYed until the reconstructed Trail is inspected and approved by the BQCC after consutfation with the Trails Board. t[i 7� k. The Plexiglas walls to be added to Lhe underpass to prevent debris from faliing �'. off the underpass onto the trait may be removed by RFC during those times of yeaz when the I} • chance of snowfall does not exist. ��I ' �F.: . � ,' 4 , `°": � {I"i�l"�1�'�t'�I II'I'III�I'I�I'lll'�I III�'�I"III��'I 408453 09/16/1997 11:03R RESDLUTI DRVIS SILVI 6 ef 33 R 0.00 D 0.00 N@.00 PITKINCO COLORADO _ .. ; •;.�. � �;:_.±. � t . r _' � ;;%,�.1� , . � , . .�., �__..---� .—^— a�<.' _��__.�_..,�y.�� _ . ..� .�,. � ,. -.:. .: `—— --- ,.. ��L'4��'(a:. :.j��1,'b'��,.5��'� •;p^',r'-';i.-'... �...�'-t:i;,; �.:�.;.�;��iy. . .`;. l. RFC shall repair or replace, as necessary, the previously reconstructed Trail " (including the soft surface portion of the Trail)to conform with the Standazds,as detemuned by �- `• �.. and approved by the Project Manager. ' .`,; .�• m. RFC shall warrant the reconstructed Trail for a period of rivo(2)years from date �: � of acceptance by the BOCC;and this warranty shali survive the expiration of the Agreement and '•`�' this Amendment. -� 3. Time for Performance Liq�idated Damage� and Remedies. (a) Work under this �t,r r_ `� Amendment to the Agreement shall commence immediately after the effective date oF the Agreement as amended and all work required to be performed within the Trail Easement shall be w. � _. substantially compiete by October 30, 1997, and all other work shall be completed by the dates t.' . � indicated by the Construction Schedule attached as Euhibit"B"; (b)the Construction Schedule i. .: attached hereto as E�chibit"B"includes a time schedule with dates assigned for each phase of the `� reconstruction and realignment projeci; (c) the asphalt and soft surface trail repaving must be � `� , completed no later than sixty(60)days from the date of this Agreement and Amendment,and RFC � agrees to pay the sum of$500.00 per day as liquidated damages for each calendar day after the � ;� sixty day time period that the asphalt and soft surface repaving is not completed;(d)With respect to �`�-r all other scheduled deadlines,RFC agrees to pay$100.00 per day as liquidated damages for each ��• �•',�, calendar day beyond the scheduled deadline that the scheduled work is not complete; and (e) �! notwithstanding the foregoing,and in addition thereto,the County Attomey, in addition to other ;� • remedies provided by law,may institute an injunction,mandamus,abatement,or other appropriate ,I action or proceeding to prevent,enjoin, abate or remove any work not performed in accordance ;� with this Agreement and Amendment or which RFC fails to perform as required by this Agreement � and Amendment. . � 4. Pavment of Exn n� �. In satisfaction of the liquidated damages provisions contained in . the Agreement, RFC shall pay all out-of-pocket expenses of the Trails Board relative to the - negotiation of this Amendment, including, but not limited to expenses of 5chmueser, Gordon, Meyer Engineers,the Pitkin County Project Manager and the Pitkin County Attorney. In addition, the RFC shall contribute rivo tiines the difference between the amount of such out-of-pocket expenses and$4,500_00 to the Pitkin County Open Space&Trails program,which funds the Trails Boazd will use for construction or upkeep of hails in the Basalt, Colorado azea. The payments required by this paragraph shall be made to Pitkin County within five(5)days of the effective date ' of this Amendment. ' . i i. 5. Fntire AQreement. All other terms of the Agreement not amended herein shall remain in � effect. With the exception of the foregoing, this Agreement constitutes the entire agreement � , between the parties hereto, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties regarding the relocation of the existing Trail 1I, Easement. No supplement,modification or amendment to this Agreement shall be binding unless in writing and executed by the parties hereto. . �i�. 5 . s �� i'Y . ��'��I�"��"�"��'��'(��'�I��'��'I��'��'� '. 408453 @9/16/1997 11.03R RESOLUTI DiiVIS SILVI ',i 7 ef 13 R 0.00 D 0.00 N 0.00 PITKINCO COLORpDO „ / � ' ;_.� '. � � . .. . I • . _. r�t � . � . . . . . . _ _. .—._- . -�t � '��`7k. �„�----.- - -�—... . -- . . a_. ..��,..W.._.. .�._ .�.�__ _, . _ _ _.,_ . —e�.-y.�w _� ------ -. _ '�-- -- -- � ��i�` 1� t 3�' K �A t ki�r::��(+�:, � ;�.ilFl. 6. Governin�Law. This Agreement shall be govemed by and construed in accordance ' with the laws of the State of Colorado,and the parties hereby consent to the exclusive jurisdiction ,: ` of the Colorado State courts in the event of any controversy or suit arising hereunder. Venue shall J" -'� be in Pitkin County,Colorado. ��`;:;: 7. Ca°acitv. The pazties hereto represent and warrant that they have fuIl capacity and authority to execute this Agreement, and by their execution hereof, bind the partees to this A ement. � � Sre �s:�`:. i__`r'..' 8.Indemnification and Insurance. RFC agrees to hold hazmless,indemnify and defend the r.;>:: BOCC for al)damages to itself and/or third persons and all real and personal properry occasioned I;,�-;,, . during this Construction License Agreement and any amendments thereto. To fund this indemnity, F , in whole or in part,RFC shall secure and maintain for the term of its contractual relationship wittt ' , the County, such insurance policies, from companies licensed in the State of Colorado, as will - protect itself,the County(with the County named as additionally insured),and others as specific, � �"�` &om claims for bodily injuries,death,personal injury or propercy damage,which may be caused, ° arise oui of or result from the acts,errors or omissions of the company and its officers,employees, ' agents representatives and subcontractors. The minunum insurance requirement prescribed herein `;� shall not be deemed to in any way licnit the obligations of RFC hereunder. The following insurance ��i coverage,at or above the limits indicated and inc[uding such endorsements as they are listed below, '7? aze required: t' General Liability Insurance at a level of$1,OOQ000.00 � Comprehensive Form(All risks) � Premises/Operations � j Broad Form Bianket Contractual(Hold Harmless Coverage} � � � Independent Contractors and Subcontractors � � Broad Form Property Damage � ! Personal Injury,with Employment Exclusion Deleted i � , �? 9. Survival. Certain of the representarions and warranties set forth in this Amendment,as noted herein,shall survive the expiration of this license. . � , � -� � ! APPROVED AS TO FORM: MANAGER APPROVAL: � � � ��,c.---- Debbie uinn S Konch Assistant County Attomey Co Manager ,, 6 ! j' I illlll IIIlI iIIIN Ilill IIIIII III tlllill I(I IINI Itll IIII 408453 09/16/1997 11:03A RESOLUTI DFiVIS SILVI B of 13 R 0.00 D 0,00 N 0.00 PITKINCO COLORRDO _ �.. ., _____ _ __..,_ S � � , t _, r: �' � .; . • • .+�,t'�' , ' z �, -�---_-_.»_._..--_ — _ - - --_.�...__ .-;''�:.' • - � �zs`. � ,....,. "` -- n f �` r �"�: l�. y��'�l.�f i•'i .Y'i.��'�� '.�:�k;� RECOMMENDED FOR A.PPROVAL: ;' '= .. ; •� ;��;� .�. �i,� J Elten Hamilton,Chief Executive Officer :a.`;�•.�� n Space and Trails ' ='� .L , �:,`: ,. APPROVEB AS TO CONTENT: �/��, ,�,i�� 's.,.' . �.�:�.-- i,:::ti,Y"��"� . William E.L.fiales,Chair ' Open Space and Trails Board of Trustees '�':'^� ` i 4'.,. , �`:; : �, +�•r� :' BOARD OF COUNT�COMr�IISSIONERS: ST: �`�� r � � ,. , . � / . � ? Bill Tuife,Chatrperson �-/j�/J "` •`f 'i . . � '� ROARING FORK CLUB,L.P. �j • � By: SNOWMASS ROARING FORK LLC i ' � . By: � ��` , . J es W.Light,Manager ` i t � .. _ � - - � . • i` � � _ , t '; w+oMkonaacttrkagt.doc , .- � �. i � • I � f. , �_: f . ', �. ; _- ; � i Illlll Iilll Ililll Ililt Ililll Ii111111118111111II1i Illi � : 4084'33 09/16/1997 11:03A RESOLUTI DfiVIS SILYI � 9 of 13 R 0.00 D 0.00 N 0.08 PITKINCO COLORRDO '' ` �; r,..i. .:.. :______ _ .,.___.�_ __._.::...___... : ' _ r.. .._... , . r 7:v: i � . . �.. . ..�. �_._,�'.'.. . . � - � - . . ' - � t�::��`:.� �' � . . � , � 1; � ._'- � �"�y.. :��" . � , • . .' �-�u. " � ' . i �, i}:s Y...� i..�„��." ' __ ._ ._ ..�_ ,.. . �. '. _. ...__ . .__ __._ . .r �.. .._._"___.._ r; � �!::+ia. �"��.��,;.,_.;. 5.,' _ _.__,.�.�. - _ �_.� __ . . I IIIIII Illli tiilll(II(I Ilflll Ililllltil II(Ititll III Itl( �� F:;;: ' 408463 09/i6/1997 11:03p RESOLUTI DAVIS SILVI a!�.�, 4 ' 10 of 13 R 0.00 D 0.00 N 0.00 PITKINCO COLORRDO ��'"�j:::;:�•";�` + t iS*_ . EXHLSIT nAn �u, �¢`'Vk• ,�/- �� Chadier Associates,tnc • � 1S8]Ninth Street Suite 322,8oulder,CO 80302 :;�;s,.� .; /�7�'�/�� voice 303.4491903 • fax 303.449.7135 "' ' �'a " ' • "�� ,.-�, June Z0,1997 �..�. � - �,,` •. . ' • a:;-.:.. .- Ms.Cathy Kulzer . � . The Roaring Fork Club. •'. .. . :=�:Y. Post Office Box 1669 . • •k,:;'': Basalt,CO 91621. ' . _ . `k ;' . , _ . .7... _ : . .x�.. . • � re:' Basalt/Old Snowmass Bicycle and Pedestrian Trail-Underpass : � " '��` � 'i'.�`. a: � °-; :' Dear Ms.Kulzer. : . =�: _ ' ' . . �:. . At your request,I have reviewed your proposed design plans and drawings for the trail crossing under your �:�� access roadway enHtled'Basalt to Holland Hills Trail Relocation&Soulder Retaining Wall Construction ^ 'L Pian"and dated 6-16-97. I marked the plans I rnviewed with the notation,"Reviewed by James F.Charlier, Y '•' 6-20-97."You asked me to offer my comments on these pians'in writing and aiso to respond to some related . �` . �� design questions. . ' ;-; Sig]It Distance � • . : ' .T' � _. The sight distance requirements provided for in the Pitkin County'"Trails Desigri and Management • Handbook"(County Handbook)on pages 2-6 and 2-35 are met by the plans I reviewed. Both the requirement . for a line of sight 40'into the tunnel from at least 60'away and the requirement for an unobstructed view of, � the tunnel from 140'away are met. . - , � � A clear line of sight of at least 140 feet is provided from the south approach to the tunnel entrance. � However,care should be taken that no object(bush or rock)is placed to block this downhill iine of sight. Any obstruction over 2'above the surface alung the line of sight to the tunnel entrance could block some part � of the view oF a person or bicyclist at the tunnel entrance. The plans,as drawn,are fine. However,in construction,care should be taken to ensure the rip rap shown on the plans is placed as designed.Also,no �voody vegetation should be planted that would reduce this line of�sight. Trail Divider �! 1 '! The Open Space Board indicated an interest in my opinion of a"separation ot the upvalley and downvalley sides of the trail,incorporating grass pavers in the separation area"on the south approach to the tunnel. � E • I cannot recommend this as��afe�y imY mvemPnt. It seems to me it could offer some slight safety benefit by encouraging downhill bicyclists and skaters to stay in their lane as they approach the tunnel and by . � : perhaps reducing the potential for head-on collisions at this point. However,I a4so feel it could introduce some new safety issues,incinding the potential for crashes caused by the divider itself and the potential �` :i'." that some users might choose to traveLon the wrong side of the divider(in both directions). , This is a non-standard,untested design proposal,and while I applaud the creativity of the idea and the . I . � willingness to experiment,I am concemed that its use would expose the Open Space Department and the �.�` � Roaring Fork Club to unnecessary tort liability. , . � "" � . i�-�'� ' . �r . . . . J , , . y ' . -- . :;, � t . r.'��v:.: .. , � � ..:� � - . � � - ---_—__._ . �.'--^�---.. .— - -- --- _ _. _ _ . .a .:;�:- � � . ,, ___--- ; ��,�.�: i lillll illli iNlll Ilill INIII lll 11111l1 lll Illlll il!NII �'`�'='��:�':��` w;;.��,;, 408433 09/S6/1997 11:03p RESOLUTI DpVIS SILVI ++�� `1i4` ' Ms.Cathy Kulzer li of 13 R 0.00 D 0.00 N 0.00 PI7KINC0 COLORpDO .'�� June?A,1997 - . p.2 ' � , ,:; .� h`3 Recove Zone �' '��: :�' The current construction plans ca11 for a 4'wide soft surface trail along the paved trail on the west side on " the south approach.. I feel that,in addition tv iis intended function,this provides a valuable recovery zone , Eor trait users south of the tunnel. This width should be retained iF any further changes are made to!he design plans subsequent to my review. Y:�<� �'; � � ' � � . :i.'7_.�^. S� • � . . . . . � � . � � . � . . . \;. '� Since I prepared the initial evatuation of safety issues,i have had an opportunity to review the County Handbook. I believe you can do everything that shoufd be done for safety signing by working within the � standards in the County Handbook(which is basically a restatement of Part IX oE the Uniform Manual of - Traffic Control Devices--MUTCD). '�:�.` " , At about 2D0 feet(S to 6 seconds at 25 mph)south of the tunnel entrance(measured along the centerline.of the � trail)a sign should be provided using standard Wl-2(curve indicator arrow — 18"x 18")with a '� supplemental plaque(similar to standard W&10; 12"x 9"}stating,"Tunnel Ahead." These should be . �,;'� erected on a signpost as specified on pages 2-66 and 2-67 of ttie County Handbook.The same curve waming �y"'�. sign(standard W2-2)should be erected north nf the tunnel at about 100 feet(4-5 seconds at 15 mph)from the � � tunnel entrance. I do not feel the supplemental plaque is as important for the uphill traffic,but it could be .� . used here as well. . � . �� At about 150 feet(4 seconds'at 25 mph)south oE the tunnel entrance(measured along the cenEerline of the , � trail)a sign'should be provided using the"other waming signs"standard(page 2-70 of the County Handbook _ — 18"x 18")stating"Slow"and accompanied by a supplemental plaque(similar to standard WS-10; 12"x • 9")stating again,'Tunnel Ahead." These should be erected on a signpost as speciEied on pages 2-66 and 2-67 , of the County Handbook.The same warning sign("Siow")should be erected north oE the tunnel at about 50 , feet(2-3 seconds at 15 mph)(rom the tunnel entrance. Again,I do not feel tf�e supptemental ptaque is as . � ' important for the uphill traffic,but it could be used here as well. Finally,signs shoutd be provided near the entrances oE the tunnel(Erom both directions)which state"Do ' Not Cross Centerline"using the"other waming signs"standard(page 2-70 of the County Handbook -- 18"x ; 18"). This sign on the south approach should be placed on the west side of the trail(opposite normal placement)near the tunnei entrance. On the north approach the same placement shou(d be used{east side of 1 the trail opposite oF normal placement and near the tunnel entrance). The word length does not work well � with the diamond sign shape,but can be worked out. � These recommendations are consistent with the County Handbook and the MIITCD. � t i � pavement Markings in Tunne] I feel a wide(12"-18'"),yetlow centerline stripe and 6"white edge stripes should be painted through the tunnel to reinforce the tane separation and increase the perceptinn of a constriction. . Painting Inside of Tunnel Wliite ° At the Board meeting on June 5,I heard the Board direct you to paint the inside of the tunnel white. 1 agcee � �r��- � ' this would increase the lighting level inside the tunnel,but da not feel white paint woutd be absolutety ! necessary since the tunnel is short(less than 40')and oriented generally along a north-south axis. t � � � . . � . . � 4 --� r ..; � � _ ' .. ��` ' � ,�:. t .,,..---..—r.�_— — — __ —__ i � �� . �___ �. �__�.__�._� ��'� ., ,. .. ... . , . . �.r , �_, , �,. ,. . , , . --,-- � ,.. ...,- �ri.��. ;.. . :,;�,, . " . ,r,`'.�F i.,J..i . . .... . . .. r?:. . . v` .. .. --�f � . -:.:�.�i-kxz . -.w` . `',�, . , • . .. . . ' . , �'�.s� `4 k;i�:'v r. - � ��,�� . �_::�:,.�;;; � Ms.Cathy Kulzer ' 408483 09/18/1997 11:03p RESOLUTI DAVIS SIWI ,., June20,1997 12 of 13 R 0.@0 D 0.00 N 0.00 PITKINCO COLORRDO - P•3 : . "'�, G-g . '_�,::� . . . i . . ' . . ' � � � • . . � . . . . . . . . - F .. .• The County Handbook provides guidance on grades which are met by theplans I reviewed. On page 2-6 of `'•' the County Handbook it states;"Grades above 5°/,can be used for limited lengths of path(see table)." The ' i:.; ;; table referenced provides that grades of 5+to 6%should�be limited to no more than 700'in length and grades ��'=.` `'� _ of 6+to 7%should be limited to no more than 400'in length. Hoth of these timitations appear to be met by ' �:`;':; ' the destgn drawings(atthough not necessarily by the existing frail beyond the liaiits of the project).' fr:.-. � ,y�. _ . ' Fla�nan During Constcucflon . - . Although the County Handbook does not provide standards for maintenance of traffic during construction, there is one measure I feel you shoutd take. Ftagmen(flagpersons)should be piaced on either side oE the +.-..;;' � , tunnel during any construction activity on the trail or on the overhead roadway. 'Ihe Flagmen are only ?+ ! needed during the hours that construction activiry is actualiy underway. Also,care should be taken to ensure ! that obstacles(equipment,rocks,spoil)'are not left on the trail during construction peiiods when flagmen are � jnot present(e.g.,ovemight). . '. . � . . . . � - �: � � . � � I am available to aaswer any questions you may have. � - . �i . ; r � Sincerely. ' . '. .:.� � > . . . ' , _ E E _ ' � `i �mes F.Chartier . � `�' President ' �: . :+ ¢: '- S� cc: Ms.Jane Ellen Hamilton,CEO,Pitkin County Open Space and Trails � � ik �;. ci 1�� _ €. '.� iJ R1 . . i � � , � ; s f . �� ' ; . , i � � . F � I y �1 � . � .� � ;`�.-' � . . � ' . . � . . , ' , ' . , .. . � �. . . . . ' . '. * . , . i., ;'�'; . i I ' .,..._,.._...,_. .. , _ .. �" — . ! .;i ..__...:..., y._..:..._.:_ :.,......:�:_�...,...�,.�:�_-_�.. . _ ....._ . :..�_..::.. . ,....._,: _ _.,_.. .._ ._._'" " __' '_ .--_` . f . , . . . . :,`'�T' . , � 1 � _ _ . . . -� . t{� � � � �i. '. �, I . . i , . �;� �- - _ _�_.._ __ —_ - -- - -- _.--,---...�._ r�--'_ t'"�...,�,�xi:.., , :1T F� l )` I?R:',. .. .,` _� , AUG, 5, 1997 1:40Pnf ROARING FORK CLUB N0, 5903 P. 2/2 s��,� . � I ililll IIIiI IINII IIIII Iillll III 1111111 III 111111 NI llll j��l r.�'x�:��{:� . 4 0 8 4 5 3 0 9/1 6/1 9 9 7 1 1:0 3 i i R E S O L U T I D p V I S S I I Y I '��'::#4��4 i`; !g! 13 of 13 R 0.00 D 0.00 N 0.00 PITKINCO COLORi1D0 .�,''�w�� A �- ' ,�,Q:� y . MemorandLUn �-�....�.��.��..�.. ...� �� ..�. �,.. . �m s ��:,;.:' ;;:� :;� tik.,.. Date: 07/OZ/97-revised 8/05/97 �:.' �� • y;. . ; To: Open Space and Trails Board of Trustces �;, �: From:Cathy Kutzer ;�::`�` � '�:�' RE: Basait/Otd Snowmass Trail '.'�' . i'� i �;�s `,r . �II"� F.�I'. ! ' �.OnSTNGtIOn SC�ICC�111C: •,�� I �� ...w..a,.,,,. +" '.�`':j�.�.halt and soti trail 60 davs af er .'�+, . i :`�':�::,x.., - .� �,.' n ado ts a eemenr ;i; i � � ' :,4�;«�;,,y, :,.. monRFCProPccty present-FaII1997 ;I ' � �'J�:tr..r,� , "•�• �` �, � . E.�- t'v�of evcrgrecn uas along trail 9-30-97 ' �,.,:.�,.�»�.::. � •'� Boulder retaining wal[s 9-30-97 - - 5ading snd gcusing 9-IS-97 Remove fence,topsoil and seed with native gtxsses and wi(dIIower seed mix 9-30-97 . Masonry of Arbaney Ranch Road ieWiniag walls 4-30-97 I.andscape boulder retaiaing walls 9-30-97 Bioislands completa(to the poiat practical) 10.30-97 �' a i � Pcd�strian crossing wit6in 15'trail wsomont 10-30-97 '� (after school is in session) - F • Additional bushes Spring 1998 ,.�. i ••Landseaping is Aependent on westher conui[ioae. Fall and SpAng are better tima to plaut � � bu�he�and bio-icland fotlaga Oar droueht revdebce materlal,wcL so everp�cm tm.cs cen hc �:�? � plantcd[n July-Augurt with a good chance of aurvivabilic�If IYe not too do�. �i� o. , .� ` � '- �,;� .. . ,...._.... ,..... � :�. _ .' . ...�. __.._.... . ....... . _...._...._...._.'_ . _ .. .. , � . � ` ' ' '',' - .� � r ... � . �. i , . i � � . - ' ,'��c;..� � � , . _.._.___._._.._.._ �, "�,—�—,___ _r._. . . —.. _ _. .__. .. .. . �; u' ) .4 y. I: