HomeMy WebLinkAbout1997 Ordinance No. 008ORDINANCE NO . f
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO . 3
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "CITY OF ENGLEWOOD PROJECT AGREEMENT WITH RTD FOR
CITY DITCH PIPING" BETWEEN THE REGIONAL TRANSPORTATION
DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS , the Regional Transportation District will need to move a freight rail
track which crosses the City Ditch between Ridge Road and Mineral Avenue; and
WHEREAS , after the freight rail is moved, RTD will install two (2 ) light rail
tracks over the City Ditch; and
WHEREAS, in order for the RTD project to proceed, the City Ditch will need to have
a 54" reinforced concrete pipe Class V, installed pri or to the City Ditch opening on
approximately April 1, 1997 ; and
WHEREAS , included in the project will be jacking of approximately 60' of 54" RCP
under the east freight rail and the installation of approximately 50' of 54" RCP for the
Phase I Project which will enable the completion of the fr eight rail relocation prior to
the installation of the light rail tracks; and
WHEREAS , after the irrigation season in November, 1997 , the remainder of the
54" pipe and structures will be installed connecting the pipe to the South Santa Fe box
structure; and
WHEREAS , the 60' of jacking is necessary s ince the existing 4 each 36" steel pipes
are not conducive to future flow requirements of the City Ditch; and
WHEREAS, the existing pipes are over 60 years old and were not installed at the
identified proper grade and maintenance concerns may arise with this type of
structure; and
WHEREAS, the City of Englewood's share of Phase I will not exceed $50 ,000;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Intergovernmental Agreement between the Regional
Transportation District (RTD ) and the City of Englewood , Colorado, attache d hereto
as "Exhibit l ," is hereby accepted and approved by the Englewood City Council.
-1 -
10 b i
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the Intergovernmental Agreement for and on behalf of the City of Englewood,
Colorado .
Introduced, read in full , and passed on first reading on the 20th day of January,
1997 .
Published as a Bill for an Ordinance on the 23rd day of January, 1997.
Read by title and passed on final reading on the 3rd day of February, 1997 .
Published by title as Ordinance No.? , Series of 1997 , on the 6th day of
February, 1997 .
I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby
certify that the above and foregoing is a true copy SJ.f the Ordinance passed on final
readffig and published by title as Ordinance No.~~
Loucrishia A. Ellis
-2-
EXHIBIT 1
CITY OF ENGLEWOOD PROJECT AGREEMENT
WITH REGIONAL TRANSPORTATION DISTRICT
FOR CITY DITCH PIPING
Agreement, made this day of , 1 99 _, by and between the City of
Englewood, a home-rule municipality, hereinafter referred to as the "City", and the Regional
Transportation District, a political subdivision of the State of Colorado, hereinafter referred to
as the "RTD".
WITNESSETH:
WHEREAS, the Regional Transportation District will need to relocate a freight rail track
which crosses the City Ditch between Ridge Road and Mineral Avenue as a part of the
Southwest Corridor construction project; and
WHEREAS, after the freight rail track is relocated, RTD will install two light rail tracks
over the City Ditch; and
WHEREAS, in order for the Southwest Corridor construction to proceed, the City Ditch
will need to be enclosed in approximately 11 5 linear feet of 54-inch reinforced concrete pipe
{RCP), Class V, with temporary wingwalls for a connection at the existing west freight rail
track box culvert, shown on Attachment A, prior to the City Ditch opening on April 1, 1997,
as part of RTD's Advance Utilities-Phase 1 contract {the "Project"); and
WHEREAS, included in the Project to enclose City Ditch will be the jacking of
approximately 52 linear feet of 54-inch RCP under the existing east freight rail track; and
WHEREAS, after the irrigation season, beginning i n November 1997, the remainder of
the work to enclose City Ditch will be completed by installing associated transition structures
to connect City Ditch to the existing South Santa Fe box culvert; and
WHEREAS, the construction schedule outlined above is desired for completing the
remaining work after the Project; however, construction may proceed at other agreed-upon
dates so long as irrigation flow is maintained in City Ditch by RTD's contractor; and
WHEREAS, the 52 linear feet of jacked 54-inch RCP is necessary since the existing four
36-inch steel pipes are not conducive to future flow requirements of the City Ditch; and
WHEREAS, the existing pipes are over sixty years old and were not installed at the
identified proper grade and maintenance concerns may arise with this type of structure; and
WHEREAS, the City of Englewood will pay for the jacking of the 52 linear feet of 54-
inch RCP in the Project, in an amount not to exceed $50,000;
WHEREAS, funds have been budgeted and appropriated and sufficient unencumbered
funds are available for costs incurred as a result of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for
other good and valuable consideration , the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
SECTION ONE
PURPOSE
The purpose of this Agreement is to provide for the enclosing of City Ditch prior to
freight rail relocation and installation of RTD's light rail tracks over the City Ditch as a part of
the Southwest Corridor construction project . It is believed that the Project improvements are
beneficial to both the City and the light rail system and no effort is made here to quantify the
level of benefit to either party.
Project elements include:
SECTION TWO
THE PROJECT
a. Enclosing City Ditch in approximately 115 linear feet of 54-inch RCP, Class V,
with temporary wingwalls for a connection at the existing west freight rail track box culvert
as a part of RTD' s Advance Utilities-Phase 1 contract, shown on Attachment A, prior to the
City Ditch opening on April 1, 1 997.
b. Jacking of approximately 52 linear feet of 54-inch RCP under the existing east
freight rail track as a part of the work to enclose City Ditch.
c . Irrigation flow will be maintained i n City Ditch after the Project, from April 1,
·1997, to October 31, 1997, after which the remainder of the work to enclose City Ditch will
be completed by installing associated transition structures to connect City Ditch to the existing
South Santa Fe box culvert .
SECTION THREE
FUNDING
RTD will include the Project as defined in Section Two of this Agreement in its Advance
Utilities-Phase 1 contract . The City of Englewood will pay a maximum of Fifty Thousand
dollars($50,000.00) for the project upon presentation of final contractor bills and acceptance
of the work.
2
SECTION FOUR
RTD REQUIREMENTS
a. RTD or its agents will provide design document review, design, inspection,
testing and engineering services for the Project.
b. RTD or its agents will obtain permits and approvals for the Project and will be
responsible for public agency coordination, if any. All costs associated with these activities
will be paid by RTD .
c . RTD will construct the Project, or portions thereof, or cause it to be constructed
in accordance with appropriate local, state, federal laws, and railroad specifications.
d. RTD or its contractor will permit and will require subcontractors to permit the
City to i nspect all data and records with regard to the Project. The City also may require RTD
to furnish at any time prior to closeout of the Project, audit reports prepared according to
generally accepted accounting principles .
SECTION FIVE
DESIGN APPROVAL
All plans and specifications for construction of the Project shall be reviewed by the City
before any construction work is implemented. The City shall have fourteen ( 14) calendar days
to comment on plans and specifications submitted.
Any change of design made after City review and concurrence, and all change orders
which directly impact the Project shall be submitted to City prior to being implemented. The
City shall have not more than 3 working days to submit its comments on such changes. The
City has assigned Bill McCormick as a liaison person who shall be contacted regarding any
proposed changes and shall have the authority to authorize any changes in writing following
his review.
SECTION SIX
RIGHT OF INSPECTION
The City shall have the right to have an inspector present on site at any time during
construction, provided that this person complies with all RTD safety requirements, and to have
a representative at any construction or other meetings.
SECTION SEVEN
RECORDS
RTD shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred and other performance hereunder and make such
3
materials available for inspection at all reasonable times during the construction period and
three years from the date of acceptance of the Project by the City. On request, copies of such
records shall be furnished to the City for the City's permanent records.
SECTION EIGHT
FINAL INSPECTION
RTD shall obtain City's inspection and written concurrence in the acceptance of the
completed Project or portion thereof.
SECTION NINE
AS-BUILT DRAWINGS
RTD shall provide to the City a complete set of as-built drawings for the Project upon
acceptance of the Project by the City.
SECTION TEN
MAINTENANCE OF PROJECT
The City shall maintain the City Ditch and appurtenant improvements.
SECTION ELEVEN
ACCESS AGREEMENT AND MAINTENANCE OF TRANSPORTATION CROSSING
The City and RTD shall execute a License Agreement in the form shown on Attachment
B, granting RTD access to build its light rail line over City Ditch. RTD shall maintain the two
light rail tracks over the City Ditch in accord with the terms of the License Agreement.
SECTION TWELVE
HOLD HARMLESS
RTD shall ensure that any contractors it retains for any work on the Project retain
Comprehensive General Liability Insurance as specified on Attachment C, for work performed
on the Project.
RTD, within its legal ability to do so, and without in any way or manner intending to
waive or waiving the defenses or limitations on damages provided for under and pursuant to
the Colorado Governmental Immunity Act (Sec. 24-10-101 , et seq. C.R.S .), the Colorado
Constitution, or under the common law or the laws of the United States or the State of
Colorado, shall indemnify and save harmless the City against any and all damages which are
recovered under the Colorado Governmental Immunity Act and reduced to final judgment in
a court of competent jurisdiction by reason of any negligent act or omission by RTD, its
agents, officers, or employees, in connection with the performance of this Agreement.
4
SECTION THIRTEEN
PROHIBITED INTERESTS
No officer, member, or employee of the RTD, and no members of its governing body,
and no other public official or employee of the governing body of the locality or localities within
the district during his or her tenure or for one year thereafter, shall have any interest, direct
or indirect, in this Agreement, or the proceeds thereof.
SECTION FOURTEEN
MISCELLANEOUS
1. Notices. Any notice to be given hereunder shall be deemed given when sent by
registered or certified mail to the addresses below:
John Claflin, Director
Development and Engineering
Regional Transportation District
1 600 Blake St.
Denver, CO 80202
Charles R. Esterly, Director
Public Works Department
City of Englewood
3400 S. Elati St.
Englewood, CO 80110
2. Severability. Should any provision of this Agreement be declared invalid by any court
of competent jurisdiction, the remaining provisions hereof shall remain in full force and
effect regardless of such declaration.
3. Agreement Binding. This agreement shall inure to the benefit of and be binding upon
the successors and assigns of the parties thereto.
4 . Laws to Apply. The Project shall be carried out in accordance with the laws of the
State of Colorado and all applicable Federal laws and regulations, and all local laws,
ordinances and regulations.
5. Amendment. This Agreement may not be amended except in wntrng by mutual
agreement of the parties, nor may rights be waived except by an instrument in. writing
signed by the party charged with such waiver.
6. Terms of Agreement. The terms of this Agreement will continue through the
completion of the Project.
5
IN WITNESS WHEREOF , the parties have duly executed this Agreement, effective the
day and date first above written.
APPROVED AS TO LEGAL FORM REGIONAL TRANSPORTATION DISTRICT
Legal Counsel Clarence W. Marsella, General Manager
ATTEST: CITY OF ENGLEWOOD:
Loucrishia A. Ell is, City Clerk Thomas J. Burns, Mayor
6
N
..
:' ~: .· ..
j . _; /,.'
-:·
. :i J:
';-~?ft .I
.( /"! Z· I ;1 j ·· ':' .! ; ..: .
f '· ~ ··' .... t ·l --~'-.· ,: '
.;f (Jf!/
,.:'! 1/i .. 1
Ai'/ f!;f/.
if1't/ )'.{t/J /
'i
EXIST. 10'X4 ' CBC-
WI TH WIN GWALLS
!
I
!
ATTACHMENT A
'.
j __
, r· PREC-.a.S T \°PI PE
'.. (L801t SECT I
' IJYP. I
.~.~~·:--.:.~/~\~: :.~~ ~._ R~~'.-'.~} .1!~;r 54 -~ ·'Tz-7"C •~;§;!'.fRt:_;-;.. =--'<.::;;.,·.
, .. -~. ·~·:-::hfl.~J/#f~;-~~-.,.c;;~,·~1 1 '.' •
;.: <;~I
i 11. ;C.r"
,'-
a: a
w u..
'<:{ ,_
.:<!
'.'S(_ -vi •.
V)
\
·-j -
, .. ,,,.,.,,;..c ... · ·-~~--.-.-, .. •i l , I ( iffi':'~··~,._.:"2 X6 ~t.S ··•· -~t'!>.~ ... -~ .·.'·(',': j j \(,:\\\:~>:<:~?";:.;.::=f RIP*AP
,\ . -· " ...... 1( i ; 1 ii'': :1 " .• is"A1ioON t
'--. :/· · ... · ,: ;-,-' ;,"·.'._:, -~·tx1s1::-4-l6" ' .... . :, ! I '} \·-.y, j }TEE (PJPES I
. tONS TRU91 T~~' -. .'o, ._ i 1 (: \ \'° .. 1· • ..' If f.1 .1.RR TIE wlNCVALl /·. JxcAv~TC\l.f..l~x TO /O~PTH /
ITYP. ~OR .-21 -'/ : ; lir I)'>& e··t~IL~·'·TO
' · -. •: ; bRr'c.)E1\'{:."ir1rn.i¢l. 2
I. ·I... "1's1RUC ;T . 8ACO'lIT.·<'!THEN ,1 1:: .: ;sA¢Kf1LL t r9 APP,~Q~· . , ... I I ;_ 1 ELEV • .5lSo,pl TH /.llNCL.
: . "' §( §•~xr 1tL :'. ... .'::';Ji/
. ' ' i .•. ,I 1J ',,,
\ .·:·~i?) ~;-!j l;::;:;:i~?::~t-jJ/
\ .0'.~1'& 1:! :1 ~ I;;. : .. !/ .------:./ ... ~· / • ''"'.l ,'1 111 =:i • , ;. I .r-··"" •. :/,.: ·~*n •,::, ··-'-' --~; iii/ Ir ___ ./ . ./
~8Lr ·~/ 68 tr 5•:_'.'.~P ·-? / . 5 ,-RCP
NOTES:
• .,,..,
... ,.0) ~ ...... ..... "'
'"'',•,:.lo' ..., .. .., '' ,,.., ·~ .... "'
PIPE LAYOUT
SCALE ' I. • 20'
t. STOCKPILE TOPSOIL ANO REUSE FOR flNISHEO CR•OE. CR•OE TO PROVIOE
,. MINIMUM COVER AT PIPES ANO roR ORAINACE TO NORTH.
2 -NEW PIPES ANO HEAOWALL ARE COOROINATEO WITH CONTROL LINE.
J . H(AOWALL OETAILS· SEE COOT STANOARO ORAWINC M-601-10.
•• •B•NOON EXISTING Jo" STEEL PIPES BY PU...,INC ruLL WITH fLOWflLL
160 -I OOPSI l ANO PLUCCINC ENOS.
e ..._.._,_...,
Coll4'911'"Cluo(IJ1~
534·6700
o-.~1--
1 ... c...~
.. I -... -·····-· :.~':-·_ -:-::-. .:::::·. -:~_:;::t·::-. __ ·-. __ L_==L:_Ht_ _____ :::L:=._ 1 ----=i=~
-~~~----·-· -. -~~--.
--!--. r-·-_:_ --.~~-.. I ~~.~~.!~~-.-~[-----~-~--·-!~-~-~
.1---m ,--• 1 ··1 -• :,·J·~-~· · 1 -·----r-.·~ --.<11 :. t
...... . . 1 ~ .. :-.'.··.:·-; . ,~ --
.. --L ~_:___-_1
·5)80
SllO
·-·1
-···•
··EX
-E~ _: __ ~~IN
1· ~--
I--+--...,
I
1 -
r --
·1
i
j
·'
f . ··:--·--,--. .
l~hQ)
llllfl°""' 1•.t.ll'Y'VlhllOl t t U.tlli<l
1 ... 1111•\llllf.ll•Mf
DlWU , tD.DUOOto:lOI
l)O)lfl, .. t1'0
~& ~ 5ourh"1V.ea-c ,_,_, __ ,,..,.,,_
L 53'0
:;;r_:~~;~-;:I mo
RIPRAP DETAIL
NTS
. ·I -
·I
1-=
SOUTHWEST CORRIDOR
ENGLEWOOD CITY DITCH
UT I LIT'
DITCH PLAN AN
5310
OAAn<: ru~1
~~·
"'
.~·
Regional Transportation District
General Counsel
November 27, I 996
Daniel Brotzman, Esq .
· Englewood City Attorney
3400 South Elati
Englewood, CO 80110
1600 Blake Street
Denver, Colorado 80202-1399
303/628-9000
Re: Southwest Corridor Railroad Right-of-Way
DRGWRR Permits 11364, 28706 ,21178,2890
and proposed license agreement for City Ditch
Dear Mf. Brotzman:
.>:.•.
• · •• :,"'!:'""::-•••.·.:u ·.;; ··.·:•w ···~·"!-:•·,.·······~._.--.-.. .._...;.~._.;::.:.-.
ATTACHMENT B
The purpose of this letter is memorialize my understanding of our conversation regarding the
agreement that RTD has requested regarding City Ditch, and modifications the City has requested
to DRGWRR permits in the corridor which have been assigned to RTD .
Based on our previous conversation, I understand that the City is willing to waive the requirement
at paragraph 4 in its proposed License Agreement that RTD relocate, rearrange, or remove its
installations so as not to interfere with City use, provided RTD makes similar waivers in the
licenses it holds. RTD also requests that the City's right in paragraph 4 regarding removal, repair
or relocation of its facilities or installations be modified to state that the City shall make every
effort to do so without interference with rail operations, and that only in the event of an
emergency constituting a threat to the health and safety of the public would tracks be cut,
removed or damaged . RTD is willing to make a similar commitment that any work on its tracks
will be done making every effort to avoid interference with City water or sewer service, and
service will be cut off only in the event of an emergency constituting a threat to the health and
safety of the public. My suggestion is that all licenses contain the following provision :
The parties· acknowledge that this license is to effectuate the provision of services
necessary and beneficial to the public. The parties will make every effort to effect repairs,
maintenance or modification of the property of licensor or licensee without affecting
provision of services to the public, and shall disrupt or halt services provided by licensor
or licensee only in the event of any emergency constituting a threat to public health and
safety .
Paragraph 4 is proposed to read as follows :
The City shall have the right to maintain, install, repair, remove or relocate the City Ditch
and its appurtenances within the City Ditch right-of-way, at any time and in such manner
as the City deems necessary or convenient. The City reserves the exclusive right to control
all easements and installations over City Ditch.
Paragraph 11 should also be prefaced by the phrase, "Subject to C.R.S. 24-10-101 , et seq.,';
Any changes or modification R TD makes to the license Agreements will apply only to the
portions of the corridor for which R TD holds agreements by assignment. R TD has no assignment
of agreements from the Burlington Northern Santa Fe ("BNSF'). The City will be subject to
existing rru.1road requirements regarding cancellation of licenses for the sections of pipe which
cross the BNSF side of the corridor. RTD has no power to change BNSF licenses.
To effectuate the change in the licenses held by RTD, the following changes should be made:
License No . 11364: Paragraph 8, delete everything after "as hereinabove provided." This will
leave termination for breach or abandonment, but not by unilateral decision of licensor. If the City
feels disuse for one year may not be considered abandonment and requires a longer period, let me
know.
License No.28706: This license contains provisions for termination only in the event of disuse
or breach and does not appear to require modification unless the City requests a longer term
under the nonuse provision.
License No. 21178 : Paragraph 9, delete everything after "as hereinabove provided ."
License No. 20113: Paragraph 9, delete everything after "full force and effect."
It is also my understanding that City of Englewood engineers have requested written approval
from the railroads of design changes to City Ditch before plans are approved. Attached is a utility
coordination agreement from the BNSF delegating limited authority to RTD to coordinate with
utilities . This agreement pertains to all utilities in the corridor, without specific reference to City
Ditch. Nthough we understand that the City is claiming rights senior to the railroad, RTD must
have approval of aU plans for utility modification before BNSF will allow work to proceed. Final
plans will have to be approved, per paragraph 7. A similar agreement is being negotiated with
the Southern Pacific, formerly DRGWRR. Written design approval will not have been received
from the railroads at the time of execution of the license agreement, but will have been received
before RTD can start any work in the corridor.
I have attached copies of the license agreements held by RTD showing the proposed
modifications. Please let me know if you need anything else. My understanding is that you must
bring this to your city Council next week, and I will be happy to offer any assistance that I can.
Thank you for your help.
cc: Andy Leong
Margie Newman
Ahmad Faze!
aria L. Lien
f\ssociate General Counsel
-. -----------------·------------------· ·---------... .--.-·-.--~-..-: ....... -_
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the
day of , 19
~~~~~--~~~~~ by and between the CITY OF ENGLEWOOD, a municipal
corporation of Colorado, hereinafter referred to as "City"
and
---, hereinafter referred to as "Licensee,"
WITNESSETH: The City without any warranty of its title
or interest whatsoever, hereby authorizes Licensee, its
successor, assigns, to install a
over the
City's rights-of-way for the City Ditch, described as a
parcel of land situated in the of
Section , Township
Range of the
P.M., County of Arapahoe, State of Colorado and lying within
the following described lines:
The above-described parcel contains
acres, more or less.
1. Any construction contemplated or performed under this
License shall comply with and conform to standards
formulated by the Director of Utilities of the City and such
construction shall be performed and completed according to
the plans, consisting of one sheet, a copy of which is
attached hereto and made a part hereof.
2. The Licensee shall notify the City's Director of
Utilities at least three (3) days prior to the time of
commencement of the construction of, or any repairs made to,
Licensee's
so that the City may, in its discretion,
inspect such operations.
3. Within thirty (30) days from the date of the
commencement of construction of said
the Licensee
shall complete such construction, place and maintain
permanent, visible markers, of a type and at such locations
as designated by the City's Director of Utilities, referring
to the centerline of the installation and shall clear the
crossing area of all construction debris and restore the
area to its previous condition as near as may be reasonable.
In the event the placing of the centerline markers and the
clearing and restoration of the crossing area is not
completed within the time specified, the City may complete
the work at the sole expense of the Licensee.
4. The City shall have the right to maintain, install,
repair, remove or relocate the City Ditch or any other of
its facililties or installations within the City's rights-
of-way, at any time and in such manner as the 9ity deems
necessary or convenient. The City reserves the exclusive
right to control all easements and insta l lations. In the
event the should interfere
with any future use of the City's rights-of-way by the City,
the Licensee shall, upon request and at its sole expense,
relocate, rearrange, or remove its installations so as not
to interfere with any such use.
5. Any repair or replacement of any City installation made
necessary, in the opinion of the City's Director of
Utilities because of the construction of the
or other appurtenant installation thereof, shall be made at
the sole expense of the Licensee.
6. The stipulation and conditions of this License shall be
incorporated into contract specifications if the
construction herein authorized is to be done a contract
basis.
7. The rights and privileges granted in this License shall
be subject to prior agreements, licenses and/or grants,
recorded or unrecorded, and it shall be the Licensee's sole
responsibililty to determine the existence of said documents
or conflicting uses or installations.
8. The Licensee shall contact and fully cooperate with the
City's personnel and the construction shall be completed
without interference with any lawful, usual or ordinary flow
of water through the City Ditch. Licensee shall assume all
risks incident to the possible presence of such waters, or
of storm waters, or of surface waters in the City Ditch.
9. All trenches or holes within the City's rights-of-way
shall be backfilled and tamped to the original ground line
in layers not to exceed six (6) inches loose measure to a
compaction of ninety per cent (90%) Standard Proctor Maximum
Density.
10. Licensee, by acceptance of this license, expressly
assumes full and strict liability for any and all damages of
every nature to person or property caused by water from the
ditch leaking through the ditch banks or pipeline at the
point or points where the Licensee performs any work in
connection with the crossing provided by this license. The
Licensee assumes all responsibility for maintenance of the
installation.
11. Licensee shall indemnify and save harmless the City, its
officers asnd employees, against any and all claims,
damages, actions or causes of action and expenses to which
it or they may be subjected by reason of said
being within and across and under the premises of the City
or by reason of any work done or omission made by Licensee,
its agents or employees, in connection with the
construction, replacement, maintenance or repair of said
installation.
12. It is expressly agreed that in case of Licensee's breach
of any of the within promises, the City may, at its option,
have specific performance thereof, or sue for damages
resulting from such breach.
13. Upon abandonment of any right or privilege herein
granted, the right of Licensee to that extent shall
terminate, but its obligation to indemnify and save harmless
the City, its officers and employees, shall not terminate in
any event.
In granting the above authorization, the City reserves the
right to make full use of the property involved as may be
necessary or convenient in the operation of the water works
plant and system under the control of the City.
IN WITNESS WHEREOF, this instrument has been executed
as of the day and year first above written.
ATTEST: CITY OF ENGLEWOOD,
City Clerk Mayor
APPROVED AS TO FORM: LICENSEE:
LICAGOVR •
·.
ATTACHMENT C
ADDENDA:
The undersigned Bidder acknowledges receipt of the following addenda:
··-·-
Addendum No. Date 11-/iJ?r... Addendum No. Date .
Addendum No. L. Date tzf,> !? (o Addendum No. Date --
Addendum No. Date Addendum No. Date
Failure to acknowledge receipt of all addenda may cause the Bid to be rejected as non-
responsive.
CONTRACTOR'S LIABILITY INSURANCE:
A. The Contractor agrees to obtain and keep in force during the terin of this Contract the
coverage described below relating to the Work, WITH THE RTD NAMED AS AN
ADDmONAL INSURED, Such insurance shall be carried with companies satisfactory to
the RTD and licensed to do business in the State of Colorado, and certifies evidencing
such coverage shall be furnished to the RTD prior to commencing any Work under this
Contract Three copies of each certificate evidencing such coverage shall be mailed to the
RTD. The certificates must show the Contract Number and give a brief description of the
Work to be performed. These certificates shall contain a provision that coverages afforded
under policies will not be canceled or permitted to lapse unless at least thirty (30) days
prior written notice has been given to the RTD. The RTD reserves the right to examine the
Contractor's original insurance policies. The Contractor shall notify its insurance
companies of any Contract changes.
8 . The insurance coverage which Contractor shall obtain and keep in force is as follows:
(1) Worker's compensation and employer's liability coverage and limits as required
under Colorado law, applicable to the work which shall cover the Contractor and
all of the Contractor's employees engaged in the work.
(2) Comprehensive general liability insurance coverage with limits not less than One
Million and No/100 Dollars ($1,000,000.00) per occurrence for Bodily Injury and
Five Hundred Thousand and No/100 Dollars ($500,000.00) per occurrence for
Property Damage ; or One Million and No/100 Dollars ($1,000,000 .00) Combined
Single Limits, with coverage extended to those items listed below:
a .
b.
C.
d.
Contractual Liability coverage, covering the Contractor's indemnification
obligation contained in Section A TC4.10 "Hold Harmless ."
Premises -Opifrations
Completed operations for a two-year minimum period commencing with
issuance of a final certificate of payment.
Broad Form Property Damage coverage .
11
•
,
Date
January 20, 1997
COUNCIL COMMUNICATION
Agenda Item
10 a i
Subject
RTD Intergovernmental
Agreement with RTD for City
Ditch Piping
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
Council approval, by ordinance, of the Intergovernmental Agreement with RTD regarding the
piping of the City Ditch.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Regional Transportation District will need to move a freight rail track that crosses the City
Ditch between Ridge Road and Mineral Ave. After the freight rail is moved, RTD will install
two light rail tracks over the City Ditch.
~
In order for this project to proceed, the City Ditch will need to have a 54" reinforced concrete
pipe Class V installed prior to the ditch opening on April 1, 1997. Included in the project will
be jacking of approximately 60' of 54" RCP under the east freight rail and installation of
approximately 50' of 54" RCP for the Phase I Project. This will enable RTD to complete the
freight rail relocation prior to the installation of the light rail tracks.
After the irrigation season in November, 1997, the remainder of the 54" pipe and structures
will be installed connecting the pipe to the S. Santa Fe box structure. The 60' of jacking is
necessary since the existing 4 each 36" steel pipes are not conducive to future flow
requirements of the City Ditch. The existing pipes are over 60 years old and were not
installed at the identified proper grade. Maintenance concerns also may arise with the
existing structure.
FINANCIAL IMPACT
Englewood's share of Phase I will not exceed $50,000.
LIST OF ATTACHMENTS
Ordinance
Intergovernmental Agreement with RTD
RTD Project Plan
Railroad approvals