HomeMy WebLinkAbout2006 Ordinance No. 032•
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ORDINANCE NO . .32--
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO . 34
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOV:.:.P.NMENTAL AGREEMENT
ENTITLED "EMERGENCY ACCESS AGREEMENT CITY OF ENGLEWOOD
WATER PIPELINE REPAIR JULY 28 , 2006 ", RELATED TO THE REPAIR OF A
BROKEN WATER PIPELINE BETWEEN THE CITY OF ENGLEWOOD ,
COLORADO AND THE DEPARTMENT OF NATURAL RESOURCES ,
COLORADO WATER CONSERVATION BOARD .
WHEREAS , an Englewood 16" water main pipeline has broken at the location of
the shoreli ne of the South Platte Ri ver just north of the West Dartmo uth Avenue
bridge on the cast bank ; and
WHEREAS , in order to repair th e broken water main a work area of
approximately ., 30 ' by 30 ' area as well as tho t .. J< that extends down from South
Platte River Dri ,·e which is owned by the Department of Natural Resources , Colorado
Water Con servation Board; and
WHEREAS , the passage of thi • Ordinance will authorize an intergovernmental
agreement for emergency access to repair the water main :
NOW , THEREFORE , BE IT ORDAINED BY THE CITY C.)UN CIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS :
~I. The intergovernmental agTccment entitled "Emergency Access
Agreement City of Englewood Water Pipeline Repair July 28 , 2006", between the
City of Englewood , Colorado and the Department of Natural Resources, Colorado
Water Conservation Board , attached as "Exhibil A", is hereby accepted ,nd approved
by the Englewood City Council.
~-The City Manager is authorized to execute and the City Clerk to atte st
and seal the Intergo vernmental AgTccment for and on behalf of th e City of Englewood ,
Colorado .
Introduced, read in full , and passed on fi rst reading on the 7th day of Augu st, 2006 .
Published as a Bill for an Ordinance on lhe I Ith day of August , 2006 .
Read by title and passed on final reading on the 21st day of August , 2006 .
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Published by title u Ordinance No£ <;cries of 2006, on the 25th day of
August, 2006.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, C
certify that the above and foregoing is a true coqr Aof the Ordi
reading and published by title as Ordinance No.~Series 2
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EMERGENCY ACCESS AGREEMENT
CITY OF ENGLEWOOD WATER PIPELINE REPAIR
Jul y 28, 2006
THIS ACCESS AGREEMENT is made and en1crcd into thi1 28'~ day of July, 2006 by and be1ween the STATE OF
COLORADO, acting by and through the Department ofNaturil Resources, Colorado Water Conservation Board whose address
is 13 I 3 Sherman Strcct, Denver, CO 80203, (hereinaftlCI', the ''Gnntor'1, an d tht City of Eng:lewood . (hcrein1f1er, the
"Grantee").
WHEREAS, the Gran tor is an agency of the State of Colorado created and controlled by Tit le 37 , Article 60, C.R.S., w"ic.h
funct ions for the welfare and benefit of the State of Colorado 11nd ill in h1bit11n ts ; an d
WHEREAS, the United States Army Corps of Engineers ("Corpt.") has conitructcd improvements lo the now of water in the
channel of the South Platte River in Aropahoe County, State of Colorado, with said impro vem ents known as the Chatfield
Downstrcnm Channel Improvement Projcci ("hnprovcmcnt Project"); and
WHEREAS , the p .mary purpose of the hl•j>rovcmcnt Project is to provide drainage, fl ood oon trol and water flow regulation ;
and
WHEREAS, the Corps and the Grantor entered in to two agreements which gave the Grantor the responsibility of acquiring
land, access , and rights-of-w. y for the Improvement Projl et and the duty of main taining and operating th e Improvement Project;
and
WHEREAS, the Grantar hu acquired ccna.in fee title interests, rights-of-way and acecsss within the Improvemen t rroject
right-of-way for the purposes of constructing and maintaining the Improvement Project; and
WHEREAS, the Grantee wishes to access and the Granter is willing 10 grant a temporary emergency non-ex cl usive access for
the repai r of a broken water pipeline ; an d
Wl'J1'1ESSETH:
That, for and in consideration of the general public interest and benefit that will acaue from Grantee's repair of the broken water
pipeline, and the keeping and the pcrionnance of the covcnantl and agreements hereinafter expressed, Granlor grants to Grantee
nonexclusive emergency access upon the following property (hereinafter, the "Property") located in the Coun ty of Arapahoe,
State of Colorado, to wit
The shoreline of the South Platte River just north of the W. Da:-tmouth Ave. bridge on the cast bank. Th e work area
will be approximatel y a 30'x 30' area as well as the bank that extends down from So. Platte River Drive. The access location is
within Englewood, (.olorado .
TO HAVE AND TO HOLD, subjcct to the covenants and agreements hereinafter expressed, for the purpose of using the Property
to repair a water pipeline for a period of twenty-five (25) days, to commence u~n o.ccution of this Access AgrecmcnL
GRANTOR AND GRANTEE MlJTUALLY EXPRESSLY COVENANT AN:> AGREE:
1. This access agrcc:mcnt is non -exclusive and the grant of 1cccs.1 is · ... bjcct to and subordinate to any and all prcvil1usly
granted ri ghts-of-way, licenses and conveyances, recorded nt '11rccordcd. It is Grantee's aolc rcsponsibilitt to
determine the existence of any rights, uses or installations ccn!h-ctiili, with Gr1ntc:c's use of the Property hcrr.undc::r.
Grantee agrees to not interfere with any use in the access are;.• i,y ,uy other J>')rty under a previous grant, whether
granted by Gr1ntor or previous owner. Grantee undc:ntands 1i.1d agrees that Granter makes no representations
concerning ownership of nor warrants title lo any of the Property . To tht extent that lhii grant of ac:ccss may encroach
on lands not owned or controlled by Granter, Grantee assumes 1\1 responsibility for any such cncroachmenL
2. During the 1cnn of the Access Agreement, the Grantor shall have the right to t'isposc of the Property or to use the same
for other purposes subJ i:1 10 the rights and privileges herein granted ,.., the Gr111tc:c. Gnmtor reserves the :ight to grtnl
additional access agm:mcnts to th ird parties, provided that said agreements do not materially intcrf~ with the aCCCSI
granted herein.
3. The tams and conditions of the access gnntod herein shall be in compliance with and subordinate to the tenns of the
September 7, 1977 and J,~uary 29, 1980 Agreements between the United States Anny Corps of Engineers and the
Colorado Water Conscrvat.Jn Board ("Agreements"), which arc incorpontcd herein by reference.
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T11c sianatorics aver tho! to their knowledge. no State cniplo)'cc has any personal or bcncfic1,ll interest whataoevcr i~
lhc Property ,
unlcu and until approved by the officials and officers nf the State of Colomdo as required by §24-82-202 C.R.S., u 1 If this ICCCSI is gl'nlcd pumant to §24•82-201 C.R.S., ;1 amended, this Acceu Apemcnt shall not be deemed vali s=•
1mcoded,or,uchwi1tan11u1hcym1ydcsign11e.., and approval by the Englewood City .
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Council. ·
The provisions hcn,of ahall inure to the benefit of and bind the succcaon; and wians of the respective parties hcrclo
and all covenants shall appl) to and run with the land unlC51 otherwise specifically noted .
The signatories aver tha1 they arc familiar with § I 8-8-301, C.R.S. ct seq ., (Bribery an d Corrupt lnf1ucnccs) and § 18-
8-40 I, C.R .S. ct. seq., (Abuac of Public Office), and that no violation of such provisiM s is present
Any notice required or pcnniltcd by this Access Agreement may be deli vered in person or sent by registered or certified
mail, return receipt requested, to the party 11 the address as hercinancr provided, and if sent by mail it shall be cffe.cti vc
when posted in the U.S . Mail Depository with sufficient postage attached thereto:
Grantor:
Joe Busic
Colorado Water Conservation Board
Flood Protection Section
1313 Sherman St=t, Rm nI
Denver, CO 80203
Cc: State Build ings and Real Estate Program1
Attn : Real Estate Spc:ci111ist
1313 Shcnns!l Street. Suite 319
Denv,r, CO 80203
Grantee:
BillMcConnic!c
City of Englewood
Englewrood,CO
(3 03) 762-2652
Gr.ntor reserves all rights to any and all metallic and non-metallic minc:nls , ores and metals of any kind and character,
including bu! nol limited to coal, asphallum, oil and gu in or under said access.
10. If any part of this Access Agreement is found , decrcod or held to be ·10id or unenforceable, the remainder of the
provisions of this Access Agreement shall not be affected thereby and shall ranain in full force and effect.
11 . This Access Agreement shall be goYCnled by the laws of the Stale of ColOl'ldo.
12 . The parties hereto understand and l!f'CC thal liability for claims for injuries to pcr10ns or property arising out of the
negligence of either party, its departr.lcnts. institutions, agcncib, enterprises, boards, officials, and employees is
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101 , ct seq. C.R.S. 1md
§24-30-150 I, ct seq. C.R.S. Any pro·,i.<i:i on of this Access Agreement. w}idhcr or not incorporated herein by reference.
shall be controlled. lim ited and othcrwi.c modified so as t.; fo~i! any lia bility of the Grantor and the Grantee to the
above cited laws .
GRANTEE <XPRESSLY COVENANTS :
I. Grantor shall have, during the CO'ltinuonce of this access , the right to dispose of the Property and to use the Property
for other purposes provided such use docs not materially interfere with the access granted herein. In the event Grantoc
aho\l, in the future, wish to 11,•anl Dddit ionn l acccs.'15 or rights-of-WIiy which encroach upon the 1cccu granted herein ,
Grantee expressly agrees and covenants it will consent to share the Property, provided the proposed additional a~
or righll-of-wny do not materially interfere witJ1 the purposes for which this access is granlcrl.
2. In the cvo1 t of termi nation , Grantee, at its CJ.pcnsc, sha ll, upon written request by Grentor, remove all improvcmeuts
constructed by Gr1ntee from the Pmpcrty within ninety {90) days of lamination and res tore the Property u nearly as is
practicable to the condition of the land existing immedin!cly prior to Grantee's fitll ut(!. Grantor shall dctcnnine in its
10le discretion whether the rcstonuior compliC¥ with thi, p1rag111ph . In the event thlll Grantee docs not remove lhe
improvements within such 90-day penod, Grantor d1all hevc the option to either I} remove the improvements and
restore the Property to its prior r.ondition and b;II the Grtntec for the cost of remova l t.nd restoration, or 2) consider
such itnprovcmcnts abando·1cd ,nd the improvements sha ll become the property or Grantor. Except u otherwise
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prov ided herein , tcnnin1tion of this Acccu Aarccment 1holl be by operation of law. If this Acccu Agreement i1 10
terminated, consideration paid shall be forfeited .
Grantce may not use this gnmt of accen for any purpose other than that which is specifically described herein . If the
Property is used by Grantee for any purpose other than stated herein , the acceu is 1u1omatically terminated , and all of
the righl, title and inlcrcst of Grantee (and Grantee's succcssort o·: auigna) in and lo the Propcrt)' become null and
void, and the Property shall abaolutcly revert to and revest in Granm r as fully and completely u if this instrument had
not been executed, without the ncccuity for suit or re-entry and Grantee 1hull remove improvements DI provided
above. No act or omission on the part of any beneficiary of this paragraph shall be a waiver of the Of)Cn1tion or
enforcement of the paragraph.
II shall be lhc sole responsibility or the Grantee to obllin nll ueccssary and applicable local, state ond federa l 1pprovols
and pennits for the purposes set forth herein . Grantee agrees to comply with all rules, regulations and po li cies
authoritat ively promulgated pcr1oining to the use of the acrcss lands, including but not liinitcd to local, state and
federal 1lood plain regulations. Noncompliance by the Grantee wilh this paragraph and/or any Stich pennit, rulcll
regu lation , or policy shall be grounds for immediate tcnnination of this Access Agreement by the Granter.
Gnmttc agrees to indemnify, defend and hold hannlcss the Granter against all liability, loss and expense and againll al
claims and actions based upon or arising out of injury or death to persons or damage to property, caused by any acts or
omissions of Grantee. its successors, assigns, agents or contractors or arising out of Grantee 's use of the Property. In~
the event that Grantee contracts for any work to be pcrfonncd on the Property, Grantee shall require its contraccon and
subcont~ctors, except the Corps, to indemnify, defend and hold hannless Granter, its employees and agents, and lhe \
Corps from any and all cl aims, damages and liabilities whatsoever for injury or death to persons or damage to property
arisi ng from the contractors' and/or subcontracton' actions or inactions. All contract.on; and aubcontracton shall be
required to abide by and foll ow the provisions of this Access Agreement, to the extent allowed
by law.
Grantee warrants th <ll. throughout the tcnn of this Access Agreement, Grantee shall maintain continual commercia l
general liability insurance covering its use of the access, with said insurance policy naming Granter as an additional
insured. Said policy shall provide coverage in the amounts established by the Colondo Governmental Immunity Act
(Article 10, Title 24, C.R.S .), both nnw and as hereafter amended .
Grantee agrees that all excavations or other temporary removal of soil as required for Grantee 's usr , ropcrty for
the purposes set forth herein shall be properly replaced, and Grantee shall seed, restore and rcve.,ctate the surface lo
substantially its condition existing prior to the di sturbance as reasonably possible. Grantee shall be responsible at all
times for the immediate repair or replacement of, or reimbursement for any damage to the Property due to Grantee's
use of the Property for the purposes set forth herein . Routes of ingress and egress for construction or for maintenance
arc to be limited to the minimum necessary locations, and all work. areas created must be oblitenucd, protected against
erosion, and restored to the fonncr condition of the land, as nearly as possible by Grantee. Prior to restoring the
property, Grantee shall submit a reclamation plan to Grantor for review and approval tn ensure Grantor's property shall
be restored as closely as possible to the original condition after construction of the project by the Grantee. Gnmtor
shall dctennine, in its sole discretion, whether Grantee's restoration complies with this paragraph . In the event Grantee
fails to pcrfonn the restorative or revegelative work required by this paragraph to the sole satisfaction of Grantor, and
after thirty (30) days prior written nuticc specifying with particularity the failure and indicating the remedial steps
needed m cure same, Granter 1thall be allowed to pcrfonn said work., and Gruntce shall pay with in thirty (30) days all
direct and indirccl costs incum:d by Grantor for restorative or rcvcgctotivc work including, hut not limilcd to,
regrading, filling, rcvcgctntion , ci~ion r.,;,1 il,.;;!, 1111d replacing of soil.
8. 11,e Grantee undcrston~ on d agree:, that ib: fac ilities arc subject lo dom oge nnd 10:n l loss without linbility nccruing to
the Gran tor os a n$Uh of flooding, as the result of maintenance 1111d opcmtion of the 01atficld Down stream Channel
lmprovcmn1t Project by the Granter, the Grantor 's dC!fignccs, or the Corp s.
9. 111c construction, storage 011d movement of vehicles, trucks and machinery shall be conducted at all times so as to
minim ize any disruption lo rcacational trail s and paths while maximiz.ing puhlic safety. Al all times during
constniction and maintenance activities, 11II of the recreation trails and paths sh all rcnain open, unless adequate detours
including signage and fencing arc provided by the Grantee.
IN WITNESS WHEREOF, the parties hereto have caused this Access Agreement 10 be executed the day and year fi111 above
written .
ORANTOR:
STATE OF CO\.ORAOO
Bill Owens. Governor
Aelin& by 1nd lhn>ush lhe
Ocp1rtmcnt of Natunl Rct0urcc11 rd ~'1I2Q
By: For the Executive Director
• COUNCIL COMMUNICATION
Date Apndaltem SubJect
August 7, 2006 11 ali Emergency Agreement for 16" Water Main
Replacement at Dartmouth & South Platte River.
INmATEDIY I STAFF SOURCE
Utilities Depar::nent Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Utilities Department recommends Council adopt a Bill for an Ordinance approving an
Emergency Access Agreement with the Department of Natural Resources, Colorado Water
Conservation Board for a City of Englewood Pipeline Repair.
• BACiCGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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Recently a small leak was discovered in the City of Englewood 's water line that is suspended under
the bridge at Dartmouth and South Platte River. Because of thE, exposed water main in this section,
it Is imperati ve that the main be repaired immediately .
To repair th is leak under the bridge, an agreement must be signed allowing a work area of
approximately 30' x 30 ' as well as bank access that extends down from South Platte River Drive,
both of wh ich are owned by the Department of Natural Resources, Colorado Water Conservation
Board . Englewood will grade the bank and trim trees on the South Platte River to enable a crew to
complete the repairs . Reseeding will be completed as needed .
FINANCIAL IMPACT
Due to the emergency nature of this unique water main break, a private contractor, CDM
Coostructors, Inc., which is certified for elevated bucket repairs , will be retained on a time and
mate ri al basis.
UST OF ATTACHMENTS
Bill for an Ordinance