HomeMy WebLinkAbout2001-01-09 WSB AGENDA,
WATER & SEWER BOARD
AGENDA
January 9, 2001
PUBLIC WORKS CONF. ROOM
1. MINUTES OF OCTOBER 20, 2000 MEETING. (ATT. 1)
2. GUEST-BILL ARKIN -2791 S. LOGAN ST. RE: HIGH WATER BILL
(ATT. 2)
3. ASPEN GROVE -CROSSING AGREEMENT FOR GAS AND ELECTRIC.
(ATT. 3)
4. ITRON METER READING SYSTEM -JOHN BOCK, UTILITIES D EPT .
(ATT. 4)
5. PROFESSIONAL DESIGN SERVICES FOR 2 STORM SEWER PIPELINE
REHABILITATION PROJECTS. (ATT . 5)
6. AMERICAN CONSULTING ENGINEERS AW ARD -ALLEN FILTER
PLANT AND BI-CITY WASTEWATER TREATMENT PLANT. (ATT. 6)
7. STORMWATERBONDISSUE.
8. BI-CITY CONSTRUCTION.
9. OTHER.
WATER AND SEWER BOARD
MINUTES
OCTOBER 10, 2000
A TT. I
The meeting was called to order at 5:04 p.m.
Members present:
Members absent:
Wolosyn, Clark, Burns, Cassidy, Habenicht ,
Bradshaw
Kasson, Higday, Otis
1. MINUTES OF THE SEPTEMBER 19, 2000 MEETING.
The Englewood Water and Sewer Board Minutes from the September 19, 2000 meeting
were approved as amended.
Mr. Burns moved;
Ms . Wolosyn seconded:
Ayes :
Nays:
Members absent:
Motion carried.
2 . FIRE HYDRANT POLICY.
To approve the September 19, 2000
Englewood Water and Sewer Board Minutes
as amended.
Wolosyn , Clark, Burns, Cassidy, Habenicht ,
Bradshaw
None
Kasson, Higday, Otis
The Board received a memo from John Bock discussing the existing fire hydrant usage
policy necessary to prevent damages to fire hydrants and prevent lost water revenues.
Because of the Denver Water Board's new restrictive fire hydrant policy, some
contractors have started illegally drawing water from Englewood's hydrants.
Utilities Department staff is recommending changing the existing policy to require that
applicants be issued a sign that must be displayed on the hydrant while it is being used.
Also proposed is a bounty reward program where if a City employee or citizen observes a
hydrant being used illegally, Code Enforcement would be called and a ticket issued. If
there is a resulting conviction, the employee or citizen will receive $100. The damage
deposit will be increased from $300 to $600 to accurately refl~.c(J"I1aterial and repair
costs.
Robert Cassidy recommended publishing the policy in the Englewood Herald.
Mr. Cassidy moved;
Mr. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
Approving the Utilities' Department request
for changes to the existing fire hydrant
policy.
Wolosyn, Clark, Burns, Cassidy, Habenicht,
Bradshaw
None
Kasson, Higday, Otis
3. SOUTH SUBURBAN PARKING LOT REQUEST.
A request was made by South Suburban Parks and Recreation District asking Englewood
to donate land for a parking lot for the Highline Canal Trail. The Board received the
three options that South Suburban is considering. Englewood's property involves Option
#2 and would be west of the Highline Canal.
Ms. Bradshaw moved;
Ms. Wolosyn seconded:
Ayes:
, ...
To reject the South Sl!burban Park and
Recreation District's request for Englewood
property for a parking lot for the Highline
Canal Trail (Option #2).
Wolosyn, Clark, Burns, Cassidy, Habenicht,
Bradshaw
·.:;j. :,·
.i
Nays: None
Members absent: Kasson, Higday, Otis
Motion carried.
4 . THORNTON/FRICO LITIGATION UPDATE.
Stu updated the Board on the Thornton/Frico litigation. The trial will be resuming in
November. Stu reviewed preliminary agreements that are being discussed with Denver
and Frico.
5. BI-CITY PERMIT APPROVAL.
Dennis appeared to discuss the State Permit for the Bi-City Wastewater Treatment Plant
that was applied for several years ago. The Bi-City Plant has the capacity to treat 36 mgd,
but the existing permit only allows the plant to treat 32. Dennis noted that if a permit is
not granted a moratorium may be necessary and he wanted to apprise the Board of this
possibility. When Dennis d iscussed the necessity of the permit with the State, they
promised to have a draft prepared by December.
6. LICENSE AGREEMENT, CONSTRUCTION AGREEMENT AND QUIT
CLAIMS -ASPEN GROVE/NEWTON TRUST.
The Board received a reque st from Poag & McEwen Lifestyle Centers for a License
Agreement, Grant of Construction Easement and Quit Claim Deeds for an exchange of
real estate for the purpose of constructing a 60" RCP City Ditch pipe in the new
development to be called A spen Grove. This will be a retail development that will be
part of the Poag & McEwen chain. The development will be located at appro x imately
7100 S. Santa Fe Drive .
The Englewood Utilities Department is requiring the Poag & McEwin to install
approximately 600 lineal fe e t of 60" RCP that will attach to the 54" pipe prev iously
approved for the Newton Trust portion of the project. The quit Claim Deeds for the
exchange of real estate are to realign the right-of-way to allow for the newly installed City
Ditch to allow the owner maximum usage of the lot and accommodate a proposed
building.
In the Construction Agreement, Englewood agrees to permit Poag to install the 60" RCP
and at the same time store pipe, equipment and fill dirt on Englewood's right-o f-way.
Mr. Clark moved:
Mr. Cassidy seconded;
Ayes:
Nays:
Members absent:
Motion carried.
7. RATE INCREASES.
To recommend Council approval of the
License Agreement, Construction
Agreement and quit Claims for Exchange of
Real Estate for the City Ditch and Aspen
Grove/Newton Trust.
Wolosyn, Clark, Burns, Cassidy, Habenicht,
Bradshaw
Kasson, Higday, Otis
Stu reviewed the Utilities' fund status with the Board and the possibility of ra te hikes.
Stu noted that there could be rate hikes for the water, sewer and stormwater funds over
the next three years. The possible rate hikes will be discussed in future Water Board
meetings and a public meeting would be held.
The meeting adjourned at 6: 10 p.m.
The next meeting will be held November 14, 2000 at 5:00 p.m.
Respectfully submitted,
Cathy Burrage
Recording Secretary
AT~ 2
To : John Bock Manager of Administration
From : Randy Pierce Field Services Coordinator
Date November 7, 2000
Regarding: High Water Bill at 2791 S. Logan
I received a call yesterday 11 /6/00 regarding this account from Mr. Arkins the father of Ms . Jamie Arkin
who lives at this address.
He was concerned about the high usage and bill for this address and feels there was something wrong
with the reading or the meter.
Upon investigation, I found that we had read the meter for this account for regular billing on 9-11-00 . The
mete r reading system alerted me and I sent the meter reader out to confirm the reading on 9-21-00 .
On 10-10-00 Ms . Arkin called and wanted the meter read aga in and also wanted it tested for accuracy as
soon as possible . Mr. Sims was assigned to this and contacted Ms . Ackins and read and pulled the meter
to perfo rm a flow test for accuracy.
The meter was pulled and tested on 10-17-00 with a reading of 438. The meter was tested on the State
approved test tanks and found to be in good working order. The reading at the end of the test was 439 .
To date Mr. Arkin would like a new meter put into the property as he feels it is a bad meter and will over
bill again. Also , he feels there is no way that this consumption is correct. I told him the me ter was tested
at the factory and then was tested again before install on 9/99 and now again on 10/00 and all test were
within the range set by the AWWA. At this point he wants to go to the Water and Sewer Board for his
concern on this matter.
Flat rate to a metered account meter 9-29-99
12-08-99 Meter reading 23 consumption of 23 water bill of $ 41 .52
03-08-00 Meter read ing 52 consumption of 29 water bill of $ 51.18
05-25-00 Meter reading 88 consumption of 36 water bill of $ 62.45
09-21-00 Meter reading 379 consumption of 291 water bill of $473.00
10-10-00 Meter reading 437 consumption of 58 No bill reread for customer
10-17-00 Meter reading 438 consumption of 1 No bill read before meter testing @
shop.
,,~ \) .
• • Randy Pierce
To : John Bock
cc: Cathy Burrage
Subject: Update on 2791 S. Logan
11 /13/2000 11 :21 AM
To: John Bock Manager of Administration
From: Randy Pierce Field Services Coordinator
Date November 13, 2000 '
Regarding: " Update on Memo 11fl/OO " High Water Bill at 2791 S. Logan
To date a new meter and remote was installed on 11/9/00.
At that time our two Customer Representatives, Mr. Sims & Mr. Gomes, ask if there had been a leak
anywhere that would account for the high reading? Ms. Arkins said there was no leaks. They ask if they
could look around to see if anything was leaking, she told them, she would rather not have them look
around.
The grass seems to be green and well taken care of on this date. Mr. Arkins had mentioned that they had
let the grass die over the summer and did not water it.
An irrigation system for the lawn is present at the property and Ms. Arkins had said she drained it this year
for the winter.
At this point I feel we have tried everything we can do to discredit the meter reading for the Arkins but
have found nothing wrong with the meter and were not aloud to look for where the problem could have
been.
This summer was very hot and we had a number of very high readings inside and outside the City of
Englewood. On investigations of those customers that ask for help we found that the majority of the high
usage was from lawn irrigation systems. Most were set to everyday and a few twice a day during the hot
weather we had and they were not set back after the weather cooled off a bit. A few were toilets leaking
and were repaired with proof from the customer. None of the meters tested during the summer were found
wrong by state test tanks.
The test tanks were certified on Feb. 7, 2000 by the State if Colorado Measurement Standards Section
Metrology Laboratory with a pass certification number 00-093.
METlOO.PRINT UTILITY METER BOOK READ NUMBER INFO PRINT 15:32:28 06 NOV 2000
'
ACCOUNT NO 01004027914 2791 S LOGAN ST
READ NUMBER 0021243030
STATUS SIZE MAKE
ACTIVE 3/4" BADGER
LOCATION
NEC
DATE
09129199 12/08/99
03/08/00
05/25/00
09/21/00
READING CONSUMP
0
23
52
88 379
0
23
29
36 291
SER NO 1 SER NO 2 HI/LO DIALS HI CONS LO CONS WINTER CONS INSTR CODE 1
R9574332 M98418562 N 54 0 29
LOCATION CODE
CODE WATER CHG REMARKS TROUBLE CODE
CHUCK MERRY INSTALLED NEW METE
VERIFIED READING 50 VERIFIED READING
PAGE 1
INSTR CODE 2
TRANlOO . PRINT UTILITY ACCOUNT TRANSACTION PRINT 15:32:37 06 NOV 2000 PAGE 1
'
ACCOUNT NO 01004027914 2791 S LOGAN ST
LAST BILL DATE 10/01/00 LAST PAYMENT DATE 07/19/00 LAST PAYMENT AMOUNT 114 .39
WATER SEWER IBA STORM OTHER SAN SUR CHG CONCRETE TOTAL
LAST AMOUNT BILLED 473.00 27 .52 1. 70 22.72 524 .94
LAST AMOUNT PAID 62.45 27 .52 0.00 1. 70 0.00 0 .00 0.00 22.72 114.39
CURRENT BALANCE 473.00 27.52 0.00 1. 70 0.00 0 .00 0.00 22 . 72 524.94
TC DATE WATER SEWER IBA STORM OTHER SAN SURCHG CONCRETE TOTAL WATER DATES SEWER DATES
2 01-06-89 50.90 19.95 0 .00 70 .85 01/01/89 -03/31/89 01/01/89 -03/31/89
1 02-06-89 50.90 19.95 0.00 70.85
2 04-04 -89 50 .90 19.95 0 .00 70.85 04/01/89 -06/30/89 04/01/89 -06/30/89
1 05-05-89 50.90 19 .95 0.00 70.85 -
2 07-03 -89 50 .90 19.95 0 .00 70 .85 07/01/89 -09/30/89 07/01/89 -09/30/89
1 08-10-89 50.90 19.95 0.00 0.00 70.85 -
2 10-01-89 50.90 19 .95 70 .85 10/01/89 -12/31/89 10/01/89 -12/31/89
1 11-07-89 50.90 19.95 0 .00 0 .00 70 .85 -
2 01-04-90 66.17 19.95 86 .12 01/01/90 -03/31/90 01/01/90 -03/31/90
1 02-07-90 66.17 19.95 0.00 0.00 86 .12 -
2 04-01-90 66 .17 19.95 86.12 04/01/90 -06/30/90 04/01/90 -06/30/90
1 05-07-90 66.17 19.95 0.00 0.00 86.12
2 07-01-90 66 .17 19.95 86 .12 07/01/90 -09/30/90 07/01/90 -09/30/90
1 08-03-90 66.17 19.95 0 .00 0.00 86.12 -
2 10-03-90 66 .17 19 .95 86.12 10/01/90 -12/31/90 10/01/90 -12/31/90
1 11-08-90 66.17 19.95 0.00 0 .00 0.00 0.00 86 .12
2 01-04-91 66 .17 19 .95 86.12 01/01/91 -03/31/91 01/01/91 -03/31/91
1 02-06 -91 66.17 19.95 0 .00 0.00 0.00 0 .00 86 .12
2 04-03-91 66.17 19 .95 86 .12 04/01/91 -06/30/91 04/01/91 -06/30/91
1 05-07-91 66.17 19 .95 0.00 0.00 0.00 0.00 86 .12 -
2 07-05-91 66.17 19.95 86 .12 07/01/91 -09/30/91 07/01/91 -09/30/91
1 08-07-91 66.17 19.95 0.00 0 .00 0 .00 0.00 86.12
2 10-01-91 66.17 19.95 86.12 10/01/91 -12/31/91 10/01/91 -12/31/91
1 11-05-91 66.17 19.95 0 .00 0.00 0.00 0 .00 86 .12 -
2 01-02-92 66.17 19 .95 86.12 01/01/92 -03/31/92 01/01/92 -03/31/92
1 02-04-92 66.17 19.95 0 .00 0.00 0.00 0.00 86.12
2 04-01-92 66.17 19.95 86.12 04/01/92 -06/30/92 04/01/92 -06/30/92
1 05-05-92 66.17 19.95 0.00 0 .00 0.00 0.00 86.12 -
2 07-01-92 66 .17 19.95 86.12 07/01/92 -09/30/92 07/01/92 -09/30/92
1 08-05-92 66.17 19.95 0 .00 0.00 0 .00 0 .00 86 .12 -
2 10-01-92 66.17 19.95 86 .12 10/01/92 -12/31/92 10/01/92 -12/31/92
1 11 -06 -92 66.17 19.95 0.00 0.00 0.00 0.00 86 .12 --
2 01-06-93 66.17 19.95 86 .12 01/01/93 -03/31/93 01/01/93 -03/31/93
1 02-04-93 66.17 19.95 0 .00 0 .00 0.00 0 .00 86.12
2 04-01-93 66.17 19.95 86.12 04/01/93 -06/30/93 04/01/93 -06/30/93
1 05-05-93 66.17 19.95 0.00 0.00 0.00 0 .00 0.00 86.12
2 07-01-93 66.17 19.95 1. 70 87.82 07/01/93 -09/30/93 07/01/93 -09/30/93
1 08-03 -93 66.17 19.95 0.00 1. 70 0.00 0.00 0 .00 87.82 -
2 10-01-93 66.17 19 .95 1. 70 87.82 10/01/93 -12/31/93 10/01/93 -12/31/93
1 11-03-93 66.17 19 .95 0.00 1. 70 0.00 0.00 0.00 87.82
TRANlOO.PRINT UTILITY ACCOUNT TRANSACTION PRINT 15:32 :37 06 NOV 2000 PAGE 2
'
ACCOUNT NO 01004027914 2791 S LOGAN ST
TC DATE WATER SEWER IBA STORM OTHER SAN SURCHG CONCRETE TOTAL WATER DATES SEWER DATES
2 01 -03 -94 66.17 19.95 1. 70 87.82 01/01/94 -03/31/94 01/01/94 -03/31/94
1 02-03-94 66 .17 19 .95 0 .00 1. 70 0 .00 0.00 0.00 87 .82 -
2 04-01 -94 66 .17 19 .95 1. 70 87.82 04/01/94 -06/30/94 04/01/94 -06/30/94
1 05-03-94 66.17 19 .95 0.00 1. 70 0 .00 0 .00 0.00 87.82 --
2 07 -01-94 66.17 19.95 1. 70 87.82 07/01/94 -09/30/94 07/01/94 -09/30/94
1 08 -03-94 66.17 19 .95 0 .00 1. 70 0 .00 0 .00 0.00 87.82 -
2 10-01-94 66.17 19 .95 1. 70 87 .82 10/01/94 -12/31/94 10/01/94 -12/31/94
1 11 -04-94 66 .17 19 .95 0.00 1. 70 0 .00 0 .00 0 .00 87.82
2 01 -01 -95 66.17 19.95 1. 70 87.82 01/0 1/95 -03/31/95 01/01/95 -03/31/95
1 02 -03 -95 66.17 19.95 0.00 1. 70 0.00 0 .00 0 .00 87 .82
2 04 -01-95 66.17 19.95 1. 70 87.82 04/01/95 -06/30/95 04/01/95 -06/30/95
1 05 -03 -95 66 .17 19 .95 0 .00 1. 70 0 .00 0.00 0 .00 87 .82 --2 07 -01 -95 66.17 19.95 1. 70 87 .82 07/01/95 -09/30/95 07/01/95 -09/30/95
1 08 -03-95 66 .17 19 .95 0 .00 1. 70 0 .00 0 .00 0 .00 87 .82 -
2 10 -01 -95 66.17 19 .95 1. 70 87 .82 10/01/95 -12/31/95 10/01/95 -12/31/95
1 11 -01 -95 66.17 19 .95 0.00 1. 70 0 .00 0 .00 0.00 87 .82 -
2 01-01 -96 66 .17 19 .95 1. 70 87.82 01/01/96 -03/31/96 01/01/96 -03/31/96
1 02-02 -96 66.17 19.95 0.00 1. 70 0.00 0.00 0.00 87.82 -
2 04 -01-96 66.17 19 .95 1. 70 87 .82 04/01/96 -06/30/96 04/01/96 -06/30/96
1 05-02-96 66.17 19 .95 0 .00 1. 70 0 .00 0.00 0 .00 87 .82
2 07-01 -96 72 .13 19 .95 1. 70 93 .78 07/01/96 -09/30/96 07/01/96 -09/30/96
1 08 -07 -96 72.13 19 .95 0.00 1. 70 0.00 0.00 0.00 93 .78 -
2 10-01 -96 72 .13 19 .95 1. 70 93 .78 10/01/96 -12/31/96 10/01/96 -12/31/96
1 11 -05-96 72 .13 19.95 0.00 1. 70 0.00 0.00 0.00 93 .78 -
2 01-01 -97 78 .62 19 .95 1. 70 100.27 01/01/97 -03/31/97 01/01/97 -03/31/97
1 02-04-97 78 .62 19.95 0 .00 1. 70 0.00 0.00 0 .00 100 .27
2 04 -01-97 78 .62 19.95 1. 70 100 .27 04/01/97 -06/30/97 04/01/97 -06130197
1 05 -06-97 78 .62 19 .95 0 .00 1. 70 0.00 0 .00 0 .00 100 .27
2 07 -01-97 78.62 19.95 1. 70 100 .27 07/01/97 -09130197 07/01/97 -09130197
1 08 -05-97 78.62 19 .95 0 .00 1. 70 0 .00 0 .00 0 .00 0.00 100 .27
2 10-01 -97 78.62 19 .95 1. 70 18 .18 118 .45 10/01/97 -12/31/97 10/01/97 -12/3 1/97
1 11-04 -97 78.62 19.95 0.00 1. 70 0.00 0 .00 0 .00 18 .18 118.45
2 01 -01 -98 84.91 19 .95 1. 70 22 .72 129 .28 01/01/98 -03/31/98 01/01/98 -03/31/98
1 02-03-98 84 .91 19 .95 0 .00 1. 70 0 .00 0 .00 0.00 22.72 129 .28
2 04-01-98 84.91 19.95 1. 70 22 .72 129 .28 04/01/98 -06/30/98 04/01/98 -06/30/98
1 05-05-98 84.91 19.95 0 .00 1. 70 0.00 0 .00 0.00 22 .72 129 .28
2 07-01-98 84 .91 19 .95 1. 70 22.72 129 .28 07/01/98 -09/30/98 07/01/98 -09130198
1 07 -15-98 84.91 19.95 0.00 1. 70 0 .00 0 .00 0 .00 22.72 129.28 -
2 10-01-98 84.91 19.95 1. 70 22.72 129.28 10/01/98 -12/31/98 10/01/98 -12/31/98
1 11 -04-98 84.91 19.95 0.00 1. 70 0 .00 0.00 0 .00 0.00 106 . 56
8 12 -01 -98 5 .68 5 .68
1 12-07-98 0 .00 0 .00 0.00 0.00 0.00 0.00 0 .00 22.72 22. 72
2 01-01-99 91 .70 19.95 1. 70 22.72 136 . 07 01/01/99 -03/31/99 01/01/99 -03/31/99
1 02 -05-99 91.70 19.95 0.00 1. 70 0 .00 0 .00 0 .00 28 .40 141.75 -2 04-01-99 91. 70 19.95 1. 70 22 .72 136 .07 04/01/99 -06130199 04/01/99 -06/30/99
1 05-05-99 91.70 19.95 0.00 1. 70 0.00 0.00 0.00 22 .72 136. 07
2 07 -01-99 91 .70 19.95 1. 70 22.72 136 .07 07/01/99 -09130199 07/01/99 -09130199
1 07 -29 -99 91.70 19.95 0.00 1. 70 0.00 0 .00 0 .00 22.72 136 .07
2 10 -01 -99 91.70 19.95 1. 70 22 .72 136.07 10/01/99 -12/31/99 10/01/99 -12/31/99
TRANlOO . PRINT UTILITY ACCOUNT TRANSACTION PRINT 15:32:37 06 NOV 2000 PAGE 3
•
ACCOUNT NO 01004027914 2791 S LOGAN ST
TC DATE WATER SEWER IBA STORM OTHER SAN SURCHG CONCRETE TOTAL WATER DATES SEWER DATES
4 10-11 -99 -92.70 -1.79 -94.49
1 10 -14 -99 93.49 18 .16 0.00 1. 70 0 .00 0.00 0.00 22. 72 136 .07
1 10 -28-99 41.58 0.00 0.00 0.00 0.00 0 .00 0 .00 0.00 41.58
2 01-01-00 41.52 18.15 1. 70 22.72 84.09 09129199 -12/08/99 01/01/00 -03/31/00
2 04-01-00 51.18 18.15 1. 70 22.72 93.75 12/08/99 -03108100 04/01/00 -06130100
1 04-14-00 -43.37 36.30 0.00 3.40 0.00 0 .00 0.00 45.44 41. 77 -
2 07-01 -00 62.45 27.52 1. 70 22 .72 114.39 03108100 -05/25/00 07/01/00 -09130100
1 07-19-00 62 .45 27.52 0 .00 1. 70 0 .00 0 .00 0 .00 22.72 114 .39
2 10 -01 -00 473.00 27.52 1. 70 22.72 524.94 05/25/00 -09/21/00 10/01/00 -12/31/00
A TT. 3
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
--------, 2000, by and between the City of Englewood, a municipal corporation of the
State of Colorado , acting by and through its Water and Sewer Board [the "City"] and Aspen Grove
Lifestyle Center Properties , LLC , a Delaware Member-managed limited liability company, its
successors and assigns ["Licensee"].
WHEREAS , Licensee is the owner of certain real property located in Arapahoe County,
Colorado , which property lies in the south half of Section 29 , Township 5 South, Range 68 West of
the Sixth Principal Meridian, County of Arapahoe, State of Colorado [the "AGLC P P roperty"]; and
WHEREAS , In connection with the Licensee's de velopment of the AGLCP Property, the
parties desire to all o w the Licensee to install and maintain utility lines and utility conduit trenches
in that part of the Englewood City Ditch Right-of-Way depicted on Exhibit A attached hereto and
made a part hereof [the "Englewood City Ditch Right-of-Way"].
NOW, THEREFORE, In consideration of the premises and the mutual covenants of the
parties, more particularly hereinafter set forth , the adequacy and sufficiency of which are hereby
acknowledged, it is agreed as follows:
1. License Granted . The City, without any warranty of its title or interest whatsoever,
hereby authorizes Licensee , its successors , assigns , contractors , and sub-contractors , to install ,
construct , enlarge , repair, replac e, remove , and maintain underground utility lines and conduit
trenches , including but not limited to g as, water, electricity and telephone lines, and all
appurtenances related thereto [the "Licensed Uses"], within , through , over, under and across the
Englewood City Ditch Right-of-Way in those locations depicted on Exhibit B attached hereto and
made a part hereof [the "Licensed Areas"].
2 . Citv Approval ofUse. Any construction or use contemplated or performed under this
Licen se shall comply with and conform to standards formulated by the Director of Utilities of the
City of Englewood and uniformly applied to such crossing licenses, and such construction and use
shall be performed and completed according to plans approved by the City, which approval shall not
be unreasonably withheld , conditioned or delayed .
3. Citv N o tice. The Licen see 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 , the
Licensed Uses so that the City may, in its discretion, inspect such operations.
4 . Restoration. Within thirty (30) days following the date of commencement of
construction of the Licensed Uses , 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 , and shall clear the Licensed Areas of all construction debris and restore the area to its
p revious conditi on as near as may be reasonable. In the event the placing of the markers and the
-clearing and restoration of the Licensed Areas is not completed within the time specified , the City
-1-
F:\ WP7DOCS\2000\Rle st\AG-Gen eral\P&MAG -1 2 1800 -L ic enseAgreement (Uti 1Cros s)(3 ). wpd
13. Termination. 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, empl oyees and agents, subject to C.R.S. 24-10-101, shall not terminate in any event.
14. Assignment. Licensee may assign all of its rights and obligations pursuant to this
License to any entity which acquires title to the AGLCP Property. The foregoing notwithstanding,
this License is assignable only with the written permission of the City, which permission will not be
unreasonably withheld, conditioned or delayed.
In granting the above authorization, the City reserves the right to make full use of the
Englewood City Ditch Right-of-Way as may be necessary or convenient in the operation of the water
works system under the control of the City.
IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and
day first above written.
CITY:
CITY OF ENGLEWOOD
Acting through and by its
Water and Sewer Board
Chairman
LICENSEE:
F:I WP7DOCSl2000\Rlest\A G-Ge ne ra l\P&MAG -121 80 0-L icenseA greeme nt(UtilCross )(3) wpd
"' -.)-
APPROVED:
Stewart Fonda
Director of Utilities
Aspen Grove Lifestyle Center Properties , LLC
a Delaware Member-managed limited liability
company
By: Poag & McEwen Lifestyle Centers--
Littleton, LLC , its Mem5'
By /k 4 -hj J '[ .efp
Titl e : 5 f ( d :fq r~
I
13. Termination. 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, employees and agents, subject to C.R.S. 24-10-101, shall not terminate in any event.
14. Assignment. Licensee may assign all of its rights and obligations pursuant to this
License to any entity which acquires *le to the AGLCP Property. The foregoing notwithstanding,
this License is assignable only with the written permission of the City, which permission will not be
unreasonably withheld, conditioned or delayed.
In granting the above authorization, the City reserves the right to make full use of the
Englewood City Ditch Right-of-Way as may be necessary or convenient in the operation of the water
works system under the control of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
day first above written.
CITY:
CITY OF ENGLEWOOD
Acting through and by its
Water and Sewer Board
Chairman
LICENSEE:
F:I WP7DOCS\2000\Rlest\AG -Ge neral\P&MAG-121800-Licen seAg re e ment(Uti lCross )(3) wpd
-3 -
APPROVED:
Stewart Fonda
Director of Utilities
Aspen Grove Lifestyle Center Properties, LLC
a Delaware Member-managed limited liability
company
By: Poag & McEwen Lifestyle Centers--
Litt;eton, LLC, its Mem33'
. . 2-z / ) /r~
By. }/'LL·-~!'14 •IL L P
Title: S ft rf .J'!i ,-l.f
I
STATE OF Tennessee
COUNTY OF 5/1 e)b!j
,..........._.....L-~-day of ~em b ec ' 2000, before me personally appeared
--"'~~l-(,.l..loa......!..L..._J...-J.£~"'--known to me to be the Sec n of Poag & McEwen
Lifestyle Centers Litt on, LLC, a De laware limited liability comp , and acknowledged that
he,. executed the within and foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act of said limited liability company for the uses and purposes therein
mentioned, and on oath stated that~ was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written. 7 o----S ~
Notary Public
Address
My Commission Expires: n f~.)-(J'J'i_
Prepared by and Return to: Lisa A. Sammons
Bernstein Law Office
555 Perkins Extended, Suite 250
Memphis, Tenne ssee 38117
(901) 682-6658
-4-
F:I WP7DOCSl2000\Rlest\AG-General\P&MAG-I 2 1800-LicenseAgreement(Uti!Cross )(3 ). wpd
FS3
HANDHELD
COMPUTER
ltron's FS3 computer puts the power of
electronic and automatic meter reading
technology in the palm of your hand.
Used by hundreds of utilities throughout North
America, the FS3 is designed to provide the highest
level of hand held meter reading performance at the
most affordable price. The FS3's flexibility,
expandability, functionality and ease of use have
made it the solution of choice for utilities and meter
readers who demand superior performance from
their handheld computers day in and day out.
Encased in a die-cast magnes ium alloy, this 25 MHz
386 computer is compact and lightweight , yet
tough enough to function flawlessly in all kinds of
weather and meter reading environments.
Designed and tested to Military Standard 81 OE, the
FS3 is water -, dust-and shock-resistant, and
withstands a wide range of temperature varia ti on.
With the addition of he PCMCIA-format PN
(Portable Network) Card, the FS3 easily upgrades to
a proven Off-site Meter Reading (OMR) solution .
When combined with Itron ERT® meter modules,
this capability enables the FS3 to serve as a low-cost
entry point to AMR technology. This allows Itron
customers to cost-effectively automate high-cost-
to-read and difficult-to-access meters, while
establ ishing a migration path to more advanced
data collection technologies in the future.
The FS3's 240 X 64 pixel LCD display features both
te xt and graphics modes, as well as integral
backlighting for easy viewing in low light. The FS3
has separate alpha and numeric keypads comprising
56 keys in easy-to-use configuration.
The FS3 is fully programmable so that applications
can be created and customized as needed . And
because the FS3 uses the industry-standard MS -
DOS® Operating System, programs can be
de veloped using familiar programming languages
such as "C". The FS3 is also ful ly compatible with
ltron 's widely used meter reading software.
J
]
J
The 40W-l ERT pit module is the latest add ition to ltron 's
industry-leading line of AMR modules for the water market.
By supporting meter protocols from all major water meter
manufacturers, the 40W-l ERT is an open -arch itecture
solut ion t hat extends the operat ional and strategic benefits
of AMR technology to the pit-set water meter.
A radio device, 40W-l ERT pit module is used with ltron 's
Off-s ite Meter Reading (OMR ), Mobile AMR and Network
AMR systems. The device encodes accurate consumption
and tamper information from the meter. When the 40W-1
ERT module receives a radio frequency "wake-up" signal , it
then automatically transmits the data to a radio-equ i pped
haridheld computer, DataCommand ® or DataPac™
mobile AMR units, as well as Itron Fixed Network and
MicroNetwork™ da t a collection solutions.
The 40W-l module, which is attached t o the meter and
conta i ned entirely within the pit, features a ruggedized , low-
profile dome transmitter designed to provide reliable and
consistent meter reading performance. The module features
a tough d iecast alum i num and nylon housing with specially
coated electronics designed to protect the unit and deliver
super ior performance from the harsh pit environment.
The 40W-l ERT pit module can be installed easily on new or
ex isting w ater meter registers . The module is powered by a
long -l ife replaceable "A" cell lithium battery, and operates
unde r FCC Part 15 certification .
Itron prov ides applications and related hardware to support
automation and ma x imum efficiency in the installation
process for utilities and meter manufacturers. Itron also
prov ides easy-to-use file i nterfaces to support the upload
and dow nload of information to utility billing systems.
MV-RS > Meter Reading Software Solution
THE
NEED
ln today's competitive marketplace, utilities of all sizes are looking to take advantage of new meter reading
technologies -while still keeping an eye on the bottom line . Unfortunately, the exhaustive support required
by many systems can ca ncel out even the most valuable benefits. Worse still is the risk of locking into an
expensive technology that may quickly be headed for obsolescence. What's needed is a flexible, easy-to-use
software solution that is rich in functionality, yet doesn't require the resources of an entire IT department.
THE
SOLUTION
MV-RS, from Itron Inc ., is an affordable PC-based meter reading software solution that improves operations
today, while providing a dear migration path to advanced metering applications for the future. This simple,
yet powerful tool automates the meter reading process without requiring extensive, costly IT support. A util-
ity may choose one or any combination of several data collection options in the same MV-RS system, for the
ultim ate in flexibility. Reading methods can be easily added as automation requirements and technologies
change. MV-RS is designed for utilities of all sizes and service types -electric, gas, water or a combination
-and can be quickly installed, trained and implemented with a minimum of resources.
GRAPHICAL USER INTERFACE
UNATTENDED OPERATIONS
STAND-ALONE OR
NETWORK CONFIGURATION
MIGRATION PATH TO
AUTOMATIC METER READING
HANDHELD ROUTE
DATA MANAGEMENT
COMPRESSION FOR
IMPROVED TRANSFER SPEEDS
PROBING OF ELECTRIC,
GAS AND WATER METERS
OFF-SITE METER READING,
MOBILE AMR AND
MICRONETWORKN
COMPATIBILITY
UNATTENDED PROCESSING
When configured to operate in unattended mode, MV-RS automates all
system functions, including handheld communications, file downloads
and report generation. Unattended processing saves the utility money
by freeing up operators to accomplish more productive work, and by
allowing operations to continue around the clock, even when no one is
in the office . Tasks may be scheduled throughout the day to run auto-
matically at pre-assigned times.
FLEXIBLE CONFIGURATION
MV-RS is designed to take advantage of the processing capabilities of
local-and wide-area computer networks, but can also operate on a sin·
gle, stand-alone PC. Jn distributed processing mode , the MV-RS
software operates simultaneously on multiple networked PCs to form a
highly efficient multi-user and multi-tasking route management sys-
tem. The system's inherent flexibility and scalability allows utilities. to
add handhelds or PCs, or upgrade to a network, without requiring any
new software.
MAXIMUM PROBING FUNCTIONALITY
MV-RS leads the industry in proven, multi-vendor optical probing of
electric and gas electronic recorders, registers and meters. Jn addition,
the system supports universal and manufactu rer-specific probes to
read t ouch pads for hard-to-access water meters located in basements
or pit environments.
COMMUNICATIONS FLEXIBILITY
Jn addition to the PC celling the hendheld to download and upload
routes, a meter reader may request routes directly from the hendheld
while the hendheld is in its cradle. Users can also access the system to
schedule tasks, manage routes or run reports from anywhere on the
network, and distribute and level the processing among multiple PCs.
Handheld route data compression improves transfer speeds between
the handheld computers end workstations.
[
[
E
[
[
[
COUNCIL COMMUNICATION
Date Agenda Item
January 15, 2000
STAFF SOURCE
AT7: s
Subject
Resolution for Professional
Design Services for Two Storm
Sewer Pipeline Rehabilitation
Projects with Moser & Assoc.
INITIATED BY
Utilities Department Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The original Stormwater Fund was established in February, 1993 to provide system maintenance,
NPDES permitting, plan reviews and field locates but did not provide for major capital improvements
and rehabilitation.
RECOMMENDED ACTION
The Utilities staff recommends Counci l approval for professional design and bidding services for two
storm sewer pipeline rehabilitat ion proj ects with Moser & Associates in the amount of $49 ,830 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Utilities Department conducted an inventory study of the City's storm sewer system and found two
storm sewer pipelines in need of rehabilitation. Alternatives to rehabilitation were evaluated and a plan
was recommended. The Utilities Department is requesting approval for p rofessional services to
prepare a complete set of construction drawings and construction cost es t imates for two storm sewer
pipeline rehabilitation projects.
The f i rst storm sewer pipeline is located in the 1400 through the 2400 blocks of W. Da rtmouth . The
second storm sewer pipe line is located in the 100 through the 300 blocks of E. Hampden Ave. Both
locations have experienced degradation to a level that imminent maintenance or rehabilitation is
necessary. The W. Dartmouth pipe line needs immediate rehabilitation since there is no bottom to the
pipe. The E. Hampden Ave. pipeline also needs rehabilitation since pipe loss at the invert is extensive
enough to impair the structural integrity of the pipe.
FINANCIAL IMPACT
Funds are available from the Stormwater Enterprise Fund for the proposed contract amount of
$49 ,830.
LIST OF ATTACHMENTS
1 .~ Resolution
AGREEMENT
REGARDING ENGINEERING DESIGN SERVICES
FOR IMPROVEMENTS TO HAMPDEN AVE. AND DARTMOUTH A VE. STORM SEWERS
THIS AGREEMENT, made this day of , 20_, by and
between CITY OF ENGLEWOOD (hereinafter called "CITY") and MOSER & ASSOCIATES
ENGINEERING INC., a professional engineering corporation (hereinafter called "ENGINEER")
WHEREAS , the CITY desires to fund an engineering effort to provide the necessary plans and
specifications to construct improvements to the existing storm sewers within E. Hampden A venue and
W. Dartmouth Avenue (hereinafter called "PROJECT");
NOW, THEREFORE, in con sideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1. EMPLOYMENT OF ENGINEER
CITY shall engage ENGINEER and ENGINEER hereby agrees to perform the services
hereinafter set forth.
2. PROJECT LIMITS
PROJECT is defined more specifically as that area extending from approximately the 1400
to 2400 blocks of W . Dartmouth Ave and the 100 to 300 blocks of E . Hampden A venue .
3. SCOPE OF BASIC DESIGN SERVICES
ENGINEER shall provide Basic Design Services necessary for the completion of final
design drawings and specifications for the rehabilitation of the storm sewer within the
project. The Basic Design Services, including drawings, specifications, and all other related
work, shall be complete in technical sufficiency and detail so that contracts for construction
may be awarded with no substantial changes or delays and that construction can reasonably
proceed through completion in a timely fashion .
In addition, ENGINEER shall prepare a construction cost estimate, based upon approved
final plans and specifications and the most recent cost information available to ENGINEER.
The Basic Design Services shall include the following work items:
A. ENGINEER shall provide to CITY an up-to-date design schedule, Critical Path
Method, or approved substitute (bar graph) within ten ( 10) working days after receipt
of Notice to Proceed for review, evaluation and approval by CITY. It is the
responsibility of ENGINEER to update this schedule as changes are made.
B. ENGINEER shall meet initially and periodically (approximately every other week), as
required by or coordinated through the CITY to :
1. Insure services are in compliance with requirements of thi s Agreement;
\des\engineering design (7 /00)
2. Obtain data and general information as appropriate;
3. Obtain updated information, if and as available, relative to new and proposed
development plans in PROJECT area. A maximum of two meetings may be
held on-site to review and observe existing conditions with the CITY.
C. ENGINEER shall design improvements to the PROJECT Elements to be included in
the design shall include the following:
1. Rehabilitation of the E. Hampden Avenue storm sewer within the project
limits .
2 . Rehabilitation of the W. Dartmouth A venue storm sewer within the project
limits .
D . ENGINEER shall appropriately utilize CITY design standards and specifications and
the storm drainage criteria of the Urban Drainage and Flood Control District in such a
manner that a coordinated system is the end result of the design. Any storm sewer
pipelines incorporated in the design shall be designed using the UDINLET and
UDSEWER computer programs . The CITY shall advertise, award and monitor
construction . The CITY contract "Boiler Plate" shall be provided by CITY prior to
finalizing design. Any modifications to CITY contract "Boiler Plate" shall be made
in the special conditions.
E. ENGINEER shall utilize Exhibit A -Scope of Work as a guide for design so that a
coordinated system is the end result of the design. Any deviations from Exhbit A
must be approved by the CITY .
F. Where necessary and in the best interest of PROJECT, changes to Exhibit A may be
submitted by CITY for incorporation into final design. Such changes s hall be
complete to the extent that they may be transmitted to ENGINEER for final design
purposes. Such changes, when possible, shall be requested prior to ENGINEER's
initiation of the affected portions of the design. Additional costs to ENGINEER, if
any, to include the changes will be negotiated between PARTIES and made a part of
this Agreement by amendment as outlined in Paragraph 14 prior to beginning work on
said changes .
G. ENGINEER shall arrange for; supervise; coordinate; or prepare the special service items
described in Paragraph 4 which consist of Subsoil Investigation and Survey Control.
H. ENGINEER shall prepare final drawings on 22" x 34" vellum in a form compatible with
AutoCAD Version 14 as outlined in Paragraph 4 .C . Drawings shall be detailed to show
grading, structural work, mechanical work, and associated features. Drawings may be
hand or machine lettered in ink or pencil, subject to approval of sample by CITY.
Lettering shall be of a size and weight to allow reduction of drawings to one-half size
and to accommodate microfilming. Drawings shall include, but not be limited to, the
following:
\des\engineering design (7 /00) 2
1. Cover sheet which shall include project title, participating agency names,
signatures for approval, location map and vicinity maps, and sheet index;
2. Construction notes , paylines, and legends;
3. Minor Structural details, up to 4 engineering hours, including pertinent design
criteria;
4. Utility modification notes (does not include detail design and detail drawings
for modifications to water, sewer, electric, gas, cable television and telephone
utilities);
5. Logs of soil borings;
6. Standard drawings (manholes, inlets, curb/gutter/sidewalk).
7. Plan and Profile Sheets at a scale of horizontal: l" = 20'; vertical : 1" = 5'.
Included on this sheet: Adjacent property lines, subdivision names, lots and
blocks; area topography; utility locations obtained from data collected
(including size when known and owners); survey ties to known points
including pertinent 1.4 section corners within 1500 feet of storm sewer
centerline; bench marks (reference if not on drawings); bearings and distances
of storm sewer centerline and curve data; hydrologic and hydraulic data; right-
of-way widths; permanent and temporary easements; inlet locations; manhole
coordinates and other pertinent data.
I. ENGINEER shall prepare final specifications on 8 112" x 11" paper. The
specifications shall include as a minimum but not be limited to the following:
1. Title Sheet (cover);
2. Signature Sheet;
3. Bid, Invitation for Bids, Instructions to Bidders;
4. Bonds , Contract Forms and Certificates ;
5. General Contract Conditions;
6. Special Conditions;
7. Measurement and Payment;
8. Soils Report;
9. Detail and Technical Specifications.
CITY will furnish items 2, 3, 4 and 5.
J. ENGINEER shall consider during, and include in the design, maintenance
requirements for the facilities.
K . ENGINEER shall consider the existing utilities identified by the CITY and utility
owners, and include in the design the necessary utility protection and relo cations
needed as the result of the design. Detail design for modifications to electric; gas;
cable television; and telephone utilitie s, if require d , will be the re spo nsibility of the
respective utility owners. Additional costs to ENGINEER, if any, to include changes
\des\engineering design (7 /00) 3
to existing water lines or sanitary sewer lines will be negotiated between PARTIES
and made a part of this Agreement by amendment as outlined in Paragraph 14 prior to
beginning work on said changes.
L. A field review of the design shall be held with ENGINEER and CITY prior to
submittal of the plans and specifications. This meeting shall be a part of and included
in the meetings referenced in Paragraph 3.B.
M . ENGINEER shall prepare an opinion of probable construction costs for the final
design. At a minimum, ENGINEER shall use the current version of Urban Drainage
and Flood Control District's Bidtab computer program. Any estimates of cost
prepared by ENGINEER pursuant to this Agreement, represent ENGINEER's
judgment as a design professional and are supplied for the general guidance of CITY.
Since ENGINEER has no control over the cost of labor and material , or over
competitive bidding or marketing conditions, ENGINEER does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to CITY.
N. ENGINEER shall prepare and provide two (2) copies of a design report presenting, in
an orderly fashion, the following information: hydrolog ic data; hydraulic
calculations; design criteria; structural data and calculations; and other pertinent and
appropriate design information, calculations, and criteria used and/or developed
during the course of the design . This report shall be submitted within thirty (30) days
after acceptance of final plans and specifications.
0. ENGINEER shall submit a total of fifteen (15) copies of plans and drawings and
fifteen (15) copies of specifications and cost estimates, etc. to CITY for review and
approval. This submittal shall be supported by an oral briefing which may be given at
the time of the meeting outlined under Paragraph 3.N. Upon completion of review
and after revisions have been made, ENGINEER shall submit the original mylars of
the final design drawings , one set of reproducible sheets of the construction
specifications, and one copy of the final opinion of probable construction costs to
CITY.
4. SCOPE OF SPECIAL SERVICES
ENGINEER shall be responsible for providing special services which shall consist of the
following items:
A. Subso il Inve stigation. Subsoil investigation necessary for final design shall be
provided by a qualified geotechnical engineer, under subcontract to or employed by
ENGINEER. ENGINEER shall provide CITY two (2) copies each of the subsoil
investigation report.
The subsoil investigation will consist of the following described items of work:
1. Drill Seven (7) exploratory holes at various locations. The test borings will be
made to investigate the general subsurface profile, to obtain samples for
\des\engineering design (7 /00) 4
laboratory testing, and to estimate general ground water level and general depth
to bedrock.
2. Conduct a laboratory testing program to de termine the strength, compressibility
or swell characteristics, and classification of the materials.
3. Analyze the results of the field and laboratory investigation to develop design
recommendations concerning the embankment section, the suitability of the
on-site material for the embankment, backfill material and compaction
requirements, soil pressures for structures, foundation requirements for
embankments and structures, recommende d construction slopes for trenches,
and an assessment of whether an underdrain is necessary. The need for a pond
underdrain or de-watering system will be disc ussed in the report.
4. Recommendations concerning trench patchi ng or complete street resurfacing.
ENGINEER, with CITY assistance, will contact all property owners of record or
tenants on whose property fieldwork for the improvements will be necessary and
obtain ingress and egress for ENGINEER and ENGINEER's subconsultants.
B. Survey Control. ENGINEER shall be responsible for ob taining all base field control
layout and mapping necessary for final design. Survey control shall be provided by a
Professional Land Surveyor, under subcontract to or employed by ENGINEER. The
scope of work includes:
1. The project base control line will be establi shed along the entire length of
PROJECT for use in both the design and construction phases. This control line
shall be on the datum used in the preparation of PLAN and will be located s uch
that it can be easily re-established, will not be obli terated during construction ,
will be on the same datum as the backwater and earthwork calcu lation
programs, and can serve as the basis for all field surveying operations
necessary.
2. Base sheets for construction drawings will be prepared using the aerial
photography or ground survey at a scale of l "=50'. Manuscripts shall be
compiled digitally to comply with the National Map Accuracy Standards . One
hundred percent of all contours shall be wit h in one contour interval and ninety
percent of all contours shall be within one-half contour interval. Ninety
percent of all planimetric features shall be plotted to within 1140" as measured
at the map scale and the remainder ten percent shall be plotted to within 1/20".
Spot elevations obtained at time of compilation shall be read and shown to the
nearest 0.1-foot and shall be accurate to with in one-quarter of the contour
interval.
a. Printed manuscripts shall show:
\des\engineering des ign (7 /00) 5
1) All monuments with their identification numbers and horizontal
and vertical coordinates;
2) Alignment of each route requiring spot elevations;
3) Spot elevations whenever contour interval exceeds I-inch spacing;
4) Spot elevations at all intersections of the streets, roads, railroads
and highways;
5) Spot elevations at the centerline of all roads and railroads at all
bridges and major culverts; and
6) All physical features including: buildings, overhead utility lines,
fences, trees and shrub areas, paved and unpaved roads and
streets, railroads , bridges and culverts, paved areas, unpaved
parking and storage lots , street medians, sidewalks, irrigation
ditches, reservoirs, creeks, rivers, gulches, lakes , wetlands
recognizable on aerial photographs, surface drainageways,
recreational and maintenance trails, and all other discernible
features.
b. The digit al data base for the manuscripts being provided under this
Agreement shall be in a form that is compatible with AutoCAD
Version 14 and later versions .
3. All necessary detailed survey information for the final design will be obtained
and tied to the control line and will include all nece ss ary cross-sections in the
vicinity of structures. All vertical informatio n necessary to supplement the
topography will be portrayed through the us e of point elevations, cross-
sections, profiles, and other applicable methods. Easement and right-of-way
boundaries, con sis tent with and referenced to the set of right-of-way maps, will
also be shown on the base sheets. All neces sary horizontal information
including ties to various physical features which might affect the design and
proposed construction activities will be established by field survey.
4. ENGINEER, wi th CITY assistance, will contact all property owners of record
or tenants on whose property surveying for the improvements will be necessary
and obtain ingress and egress for ENGINEER and ENGINEER's
subconsultants.
5 . ENGINEER, with CITY assistance, will obtain field determined down-hole
data (p ipe sizes, pipe materials, invert elevations , manhole diameters) for
existing sanitary sewer manholes and existing storm sewer manholes and inlets.
C . Utility Investigations. CITY and ENGINEER, with the aid of "Utility Notification
Center of Colorado" at 303-534-6700, shall locate e xisting utilities in PROJECT area,
identified by the utility owners, prior to designing fac ilities in their vicinity.
\des\engineering design (7 /00) 6
ENGINEER is entitled to rely on the accuracy of the information provided by the
utility companies without independent review. Existing water lines, storm and
sanitary sewers, gas lines, buried power lines, and underground telephone conduits
and television cables in areas of proposed construction shown on available plans will
be field verified by excavation if necessary as determined by ENGINEER.
ENGINEER is not obligated to perform such servi ces in excess of eight (8) survey
crew hours, without amendment to this Agreement. CITY shall arrange for the
excavation. CITY and/or respective utility owners shall be responsible for all the
excavation work, including costs. CITY will assist ENGINEER in the coordination
with the utility owners. ENGINEER, with CITY assistance, shall contact utility
owners whose lines must be relocated to discuss solutions for the relocation. The
solution arrived at after these discussions will be shown or noted on the design
drawings. CITY will provide copies of the final drawings during the review period to
the utility owners for their comments. Additional costs to ENGINEER, if any, to
include the changes outside of the original scope of work will be negotiated between
PARTIES, and made a part of this Agreement prior to beginning work on said
changes.
5. COST OF SERVICES
The total cost for Basic Design Services and Special Services, as set forth in this
Agreement , shall be based on actual costs but shall not exceed fourty nine thousand eight
hundred and thirty Dollars ($49,830), as described in Exhbit B , unless a change in the scope
of work is approved in accordance with Paragraph 14 of this Agreement.
A . Basic Design Services. The estimated cost of Basic Design Services, as set forth in
Paragraph 3 of this Agreement, shall be based on actual costs but shall not exceed
thirty four thousand and ten Dollars ($34,510).
B. Special Services. The estimated cost of Special Services, as set forth in Paragraph 4
of this Agreement, shall be based on actual costs, but shall not exceed fifteen
thousand three hundred twenty Dollars ($15,320). The estimated cost for each
Special Services item is as follows:
l. Subsoil Investigation (4 .A)
2 . Survey Control (4.B)
3. Traffic Control Plan
TOTAL COST
6. BASIS OF PAYMENT
$3,600
$7,400
$4,320
$49,830
The basis of payment for the Basic Design Services as set forth in Paragraph 3 of this
Agreement shall be on an hourly rate basis that includes overhead and profit plus other out-
of-pocket costs in effect at the time work is performed . The basis of payment for Special
\des\engineering design (7 /00) 7
Services as set forth in Paragraph 4 of this Agreement shall be on an hourly-rate basis that
includes overhead and profit plus other out-of-pocket co sts. The above will be in
accordance with the General Schedule of Rates in effect at the time the work is performed
but in no case shall the total amount exceed that given in Paragraph 5. A copy of the current
General Schedule of Rates is attached as Exhibit C. Dire ct cost items and third party costs
shall be billed at actual cost.
7. METHOD OF PAYMENT
CITY shall make payment for services performed in connection with this Agreement as
listed below. If billings are received by the 1st of the month, payment will be by the 25th of
the same month. For all billings, ENGINEER shall keep work and cost records that will
permit easy comparison with work performed as specified in each billing.
A. Basic Design Services. Payment shall be made by CITY to ENGINEER on a monthly
basis upon submittal of a statement from ENGINEER referenced to schedule,
progress, tasks, individuals performing the work, h ours, rates and amounts specified
in this Agreement. Ten percent of monthly billings shall be retained. Retainage
amount shall be released to ENGINEER upon deli very and acceptance of final copies
of drawings, specifications, cost estimates, and de s ign data previously referenced in
this Agreement. Shou ld PROJECT schedule extend beyond the Time of Performan ce
specified in this Agreement, ENGINEER may request and CITY shall consider
release of all or a portion of the retainage amount previously withheld .
B. Special Services. Payment shall be made by CITY to ENGINEER on a monthly basis
upon submittal of a statement from ENGINEER referenced to schedule, progress,
tasks, individuals performing the work, hours, rates, and amounts specified in this
Agreement. There will be no retainage on Special Services payments.
8. PERSONNEL
A. ENGINEER represents that they will use, at the minimum, the following personnel or
subcontractors in performing the services under thi s Agreement:
NAME
Rick Moser
Rich Omrnert
Jay Vigil
James Kowalsky
Cindy Mystkowski
RESPONSIBILITY
Project Manager
Project Eng ineer
Professional Land Surveyor
Geotechnical Engineer
Traffic Specialist
Any change in the above personnel must have approval of CITY, which approval
shall not be unreasonably withheld.
B. All of the services required hereunder, except where spec ified, shall be performed by
ENGINEER's personnel or ENGINEER's subcontractors and all personnel engaged in
\des\engineering design (7 /00) 8
the services shall be fully qualified and shall be authorized under applicable state or
local law to perform such services.
C . None of the services covered by this Agreement, except where specified, shall be
subcontracted without the prior approval of CITY.
9 . TIME OF PERFORMANCE
The design shall be complete d by May 15 , 2001.
10. OWNERSHIP OF DATA
The ownership of data , maps, drawings, documents, special software and information
collected, acquired, developed, and documented under this Agreement shall be vested with
CITY. ENGINEER may reta in a record copy of all data , maps , drawings , document s,
special software and information. Should CITY see fit to make u se of data, maps, drawings,
documents , special so ftware or information as sembled under thi s Agreement for a u se not
included under the scope of this Agreement, CITY shall assume all liability for such use .
11. DURATION OF AGREEMENT
The duration of this Agreement shall be one year after acceptance of the plans and
specifications of all schedules .
12 . TERMINATION OF AGREEMENT
Thi s Agreement may be terminated by CITY and/or ENGINEER, upon seven (7) day s '
written notice . In the event of termination, ENGINEER shall be paid for services performed
to termination date as determined by CITY in conjunction with and upon approval of CITY .
This payment shall be full satisfaction of all obligations to ENGINEER under this
Agreement.
All pertinent data, notes, calculations , computer runs , diskettes and drawings shall be
surrendered by ENGINEER before payment is made.
13 . CHANGES IN AGREEMENT
CITY , may request changes in the scope of services of ENGINEER . Such changes,
including any increase or dec rease in the amount of ENGINEER's compensation and/or time
of performance , after mutual agreement by and among PARTIES , shall be incorporated in
written amendments to this Agreement.
14 . INSURANCE
During the performance of the work defined by this Agreement, ENGINEER, acting as an
independent contractor, shall be solely responsible for procuring and keeping in full force
and effect the insurance listed below:
In surance
A. Commercial General Liability
\des\engineering design (7 /00) 9
Minimum Limits
$1,000,000 each occurrence and in the aggregate
in combined single limit coverage for bodily
B.
c.
Professional Liability
Automobile Liability
D. Workers' Compensation
injury and property damage
$250,000 each claim and in the aggregate
$600,000 each occurrence in combined single
limit coverage for bodily injury and property
damage
1. Workers' Compensation statutory limits required by law
2. Employer's Liability statutory limits required by law
The limits of coverage listed above are as required by CffY. ENGINEER shall evaluate
individual needs regarding higher levels of insurance.
Except for Professional Liability insurance, each type of insurance procured by ENGINEER
shall provide coverage for all claims arising out of, or in connection with, any operations,
work, or services performed under this Agreement by ENGINEER, ENGINEER's
employees, subconsultants, subcontractors, agents, or representatives. ENGINEER's
Professional Liability insurance shall provide coverage for claims arising out of the
negligent acts, errors and omissions of ENGINEER in the performance of services under
this Agreement. ENGINEER may elect not to provide the above-specified coverage for the
subconsultants or subcontractors. In that event, ENGINEER shall require that the
subconsultants or subcontractors procure and maintain the same insurance coverage as set
forth above. Certificates of Insurance showing ENGINEER is carrying the above-described
insurance shall be provided to CffY at the time of execution of this Agreement. The costs
of insurance shall be considered a part of the overhead co sts of ENGINEER.
15. INDEMNIFICATION
Under this Agreement, ENGINEER shall indemnify and save CffY harmless from and
against claims, demands, liabilities, damages, suits, actio ns, or causes of action including
reasonable attorney's fees and costs which may be brought or asserted against any or all of
the above named on account of, by reason of, or caused by the negligent acts, errors, or
omissions in the performance of the work under this Agreement by ENGINEER,
ENGINEER's employees, subconsultants, subcontractors, agents, or representatives together
with any liability accrued by any or all of the above-named on account thereof.
16. ASSIGNABILITY
This Agreement is for the expert professional services of the personnel of ENGINEER, and
is not assignable, save and except with the consent of CITY, who may withhold consent at
their option with or without cause.
17. NO DISCRIMINATION IN EMPLOYMENT
In connection with the performance of work under this Agreement, ENGINEER agrees not
to refuse to hire, discharge, promote or demote, or to discriminate in matters of
compensation against any person otherwise qualified on the basis of race, color, ancestry,
\des\engineering design (7 /00) 10
creed, religion, national origin, gender, age, military status, sexual orientation, marital
status, or physical or mental disability and further agrees to insert the foregoing provision in
all subcontracts hereunder. ENGINEER shall provide a list of subcontractors and which of
those subcontractors are Disadvantaged Business Enterp ri ses (DBE) and the basis for
determining or defining the subcontractor as a DBE. The list shall be submitted prior to
final payment.
\des\engineering design (7 /00) 11
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized
signatories as of the date and year first above written.
(SEAL )
ATTEST :
(SEAL)
ATTEST:
\des \engineering design (7 /00) 12
ENGINEER
Title _____________ _
Date _____________ _
CITY
By ______________ _
Title _____________ _
Date _____________ _
AGREEMENT
REGARDING ENGINEERING DESIGN SERVICES
FOR IMPROVEMENTS TO HAMPDEN A VE. AND DARTMOUTH A VE STORM SEWERS
Exhibit A
SCOPE OF WORK
The City of Englewood Utilities Department requires design and contract document preparation for the rehabilitation of two storm sewer pipe
systems.
The first storm sewer pipe system is located in the 1400 through the 2400 blocks of W. Dartmouth Ave. The existing storm sewer pipe system
consists of 811 L.F. of 73 11 x 55 11 FSCSP A, 1084 L.F. of 48 11 FSCSP, 62 L.F. of 48" RCP and 1269 L.F. of 42 11 FCC SP . The entire system is
located within the right-of-wav of W. Dartmouth Ave. The second storm sewer pipe system is located in the 100 through 300 blocks of E.
Hampden Ave. The existing storm sewer pipe system consists of 700 L.F. of 66 11 FCCSP. The entire system is located within the right-of-wav
of E. Hampden Ave.
The Scope of Work includes the following:
W. Dartmouth Ave. System:
The design shall include hydrologic and hydraulic analysis to verify size and location of the storm sewer system to convey a two-year storm
event. The design plan shall be for removal and replacement of the existing system with RCP.
E. Hampden Ave. System:
The design shall include hydrologic, hydraulic, and alternative evaluation analysis to determine size, location, and method of rehabilitation of
the storm sewer pipe
Both system designs shall include the following:
-Prepare complete set of preliminary drawings for owner review and comment at 50% and 90 % completion points.
-Design rehabilitation/replacement of the storm sewer system.
-Prepare complete set of final drawings accompanied with the design calculation files.
-Prepare construction cost estimates and report.
-Prepare complete set of construction bidding documents, including printing sufficient copies for bidders .
-Prepare Invitation to Bid for construction project.
-Review bid documents.
Construction management service s will also be required. This work will include response to contra c tor requests for information.
AGREEM E NT
R E G A RDING E NGINEE RING D E SIGN SERVICE S
FOR IMPROVE M E NTS T O H A MPDE N A V E . A ND DARTMOUTH A V E STORM S E WERS
T .1sk'B>
IA."t n l~....,;..., Ph ~-..cro
C o ll ect e x i s tina i n form a ti on/confir m oioe d a maae
H vdro l oav and Hvdra ul ic A na l v s is W . Dartmo ut h Sv s t em
Hvdrol oav a nd H ydra u l i c An a l y s i s /Re h ab . Alt e r n a tiv es Hampd e n S vs .
Preoare lett e r reoort outlinina imorovement s a nd c o s t s
Co ordinati o n I
Su btota I lh rs l I
Subto t .1 1 (cost) I
1...,.rnllm'·"'"""' n .... r"lnn ............. .,. .... , ..... ~~ ,,.... ,,.\
Calc ul a te ore l iminarv hvdr auli cs of n e w s t orm s ewer svst e m
l nve s t io a t e e x i s tina utilit ie s and oos sible c onfli c t s wit h o i o e re h abilit ation
Co mp l e t e pre l. s t o r m s ewer p l an/profi l e s he e t s (1 "-20
Prepare d rainaa e and re h abi l itat ion det ai l s
Preoare con s t ru c t ion o h as i na o l an
Coo rdinat ion I I
50 % O es ian P l a n R evi e w M eetin a
Su btota I (hrs ) I I
Subtot .. 11 l c o s 'f\ I I
I I
J:in n l n ....... ~nl'I ~h i1~A l'lllll ~I r,.. 1~ ..... ·..,.t:"ln\
Addre ss co mme nt s o n 50% o l a n s
C omp l et e s t orm sew e r H G L c a l c s.
C omo l e t e fina l s t o rm s e we r p l a n/profil e s h eet s (1 .. =20
Preoa r e final drai naae det ail s heet s I
S torm S ewe r a n d Dra i naq e Quantity Tabulation s
Pre oare fi n a l co n s t r u c tion co s t e s t imate
Pre oare s o ec ifi cat i o n s
Co mp l e t e fin a l d esi a n report
C oo rd in a t ion
9 0 % O ssi an Pl a n R evi e w Mee t i na
Q u a lit y A ss uran c e
Subtot.•I lhr s l
Subtot .. 'll l c o ,;.t)
IRiclifit. ... -... nd rnnc:.t 1r tl on p ll..15""
P re p a r e invit a tion t o bid I
Revi ew bid d oc ument s I
R es pon se t o co n t r act o r 's reque s t for informatio n
S ubt o tal (111 s l
Subtoto l l cos.1)
TOTAL HOURS
SUBTOTAL FE E
SURVEYIN G Ni<rlll
G EOTE C HNI CAL INVESTIGATION /Groundl
TRAFFIC CO NTRO L PLAN (C a1te1 .Bur<1 essl
DIR ECT COSTS ICO PI E S . PRINTIN G. MIL EAG E!
I I
TOTAL F EE I I
E xhibit B
ESTMA TED COST OF WORK
--
MAN-HOUR AND FEE ESTIMATE
CITY OF ENGLEWOOD
STORM SEWER REHABILITATION
Mose r Enqinee rin<1
1$80!hrl 1$65/hrl 1$55/hrl
Po o l . Pro I. CAD ($3 5 /hr)
Mana<1e 1 E nr1ln e e1 T ech Adnlln To t a l
8 1 6 2 4
2 6 8
4 20 24
1 6 4 4 2 4
8 2 10
38 48 0 4 9 0
$3.040 $3 1 2 0 $0 $'140 $6 .300
2 1 2 1 4
4 8 1 2
6 4 0 2 4 70
4 24 8 36
2 6 8
8 4 4 16
4 4 8
3 0 98 3 2 4 164
$2.400 $6 .3 7 0 $1.760 $140 $10.670
2 8 4 1 4
2 1 6 18
4 4 0 2 4 68
4 20 8 3 2
2 6 4 1 2
2 8 10
6 1 6 4 26
16 4 2 4 2 6
8 4 1 2
4 4 8
8 8
5 8 1 26 42 8 2 34
$4.640 $8.19 0 $2 .310 $280 $1 5 .420
2 2 2 6
2 4 6
4 8 1 2
8 14 0 2 2 4
$640 $9 ·10 $0 $70 $1.620
1 3 4 286 74 18 5 12
$10.720 $°18.5 90 $4.07 0 $6 3 0 $34 .010
$7 .400
$3 .600
$4.320
$5 00
$4 9.8 3 0
Con1n1 e 11ts
Fie l d review and co ll ec t e x i s tina ma o o i na and reoo rt s
A ss ume 8 s h e et s r e auired
A ss ume tw o s heet s
U D SEWER (or a not he r soft w a r e proqr am) t o be u se d
Ass um e 8 s h eet s r ea uire d
A ss u me t wo s h e et s
C O O T s oe c ifi cat io n s u se d for s tand a rd orovi s i on s
C ity t o p r ovid e i n s p ection se rvi c e s and c hanae order app rova l
Fu ll s urvev
Includes traffi c co n t ro l
MAE
Project Manager
Project Engineer
CAD Technician
Adrninstrati ve
Carter Burgess
Project Manager
Project Engineer
Jr. Eng. Technician
Vigil Land Consultants
2-man Survey Crew
3-man Survey Crew
AutoCad Technician
Regi stered Land Survey o r
AGREEMENT
REGARDING ENGINEERING DESIGN SERVICES
FOR IMPROVEMENTS TO HAMPDEN A VE . AND DARTMOUTH A VE STORM SEWERS
$80/hr
$65/hr
$55/hr
$35/hr
$110/hr
$85/hr
$60/hr
$95/hr
$125/hr
$55/hr
$80/hr
Exhibit C
General Schedule of Rates
~
~ r-
~
'~ AMERICAN CONSULTING
ENGINEERS COUNCIL
of COLORADO
The AC EC/COLORADO Engineering Excellence Aw•rds Program
celebrates engineering achievements that demonstrate ingenuity
and include significant technical, economic or social advancements.
Each year,ACEC/CO member firms submit their entries for assessment
and judging by a diverse group of local business, media and industry
reptesentatNes. Entries cover categories ranging from research and studies
to structural systems, transportation, and special projects.
2 0 0 I
.: ~
ENGINEERING EXCELLENCE AWARDS
CATEGORIES AND WINNERS
.~ ~
GRANO CONCEPTOR AWARD
FOR ENGINEERING EXCELLENCE
Figg Bridge Engineers, Inc.
'';'· Sagadahoc Bridge. Bath & Woo lwich . Maine
Client: Maine Department of Transportation
c;:
:--:
~{.:~
,rt·
:' ... ,· ~ .
:,.,.~
~~\
';l:l
.. ~·"'
.~;:·
•.·.
EXCELLENCE AWARDS
Bulldlng/Technology Systems:
M-E Engineers, Inc .
Enron Field, Houston. Texas
Client: HOK Sport
Structural Systems:
MartinlM•rtln, Inc .
Daniel L. Ritchie Sports & Wellness Center
, ~~;J University of Denver, Denver. Colorado
·. r~t. :-.. Client: Davis Partnership, P.C.
1\1 Environmental:
URS Corporation '~
F. E. Warren A.F.B . Pe rmea ble Reactive Barrier
:~,. y
·':'; ;~~
'~J:•, -~,--
Cheyenne, Wyoming
Client: AFCEE COR
Water and Wastewater: ,,.
Brown •nd Caldwell
Littleton/Englewood Wastewater Treatment Plant-Phase I B
Englewood, Colorado
Client Littleton/Englewood Wastewater Treatment Plant
I
Transportation:
J. F. Sato and Associates
Team Harmony: Gateway to the Future
Fort Collins, Colorado
Clie~\,Colorado Department of Transportation
f ,.,"(::' .,
·"!' ',. HONOR AWARDS
Studies, Research and Consulting Engineer Services:
" Felsburg Holt & Ullevig
Getting Together on US BS, Northeast Colorado
Client Colorado Department of Transportation Region 4
Building/Technology Systems:
Be:.udin G~nze Consulting Engineers
Sundeck Restaurant, Aspen, Color•do
Client: Cottle Graybeal Yaw Architects
think . reach. make It happen .
I
I
I
I
MERIT AWARDS
Building/Technology Systems:
RNL Design
Omni lnterlocken Hotel. Broomfield, Colorado
Client: OMNI Hotels
The RMH Group, Inc .
Lucile Erwin Middle School CHW/lce Plant
Loveland , Colorado
Client: Thompson School District
Structural Systems:
BRW. Inc .
Speer Bridge over the South Platte River, Denver. Colorado
Client: City and County of Denver
Kumar and As sociates
Blue Valley Ranch Stressed Ribbon Bridge, Kremmling, Colorado
Client: Blue Valley Ranch
Wilson and Comp;my
RTD LRT Project Freight Rail Bridges, Denver, Colorado
Client: RTD
Environmental
Wright W•ter Engineers, Inc.
Pine Lake Re storation , Aspen, Colorado
Client: Roll International Corp
Water and Wastewater:
Camp Dresser and McKee , Inc.
Allen Water Treatment Plant Improvements. Englewood, Colorado
Client: City of Englewood, Colorado
Water Resources:
URS Corporation
Los Alamos: Ri sing from the Ashes. Los Al amos. New Mexico
Client: U. S. Army Corps of Engineers
Transportation:
HOR Engineering , Inc .
DIA Revenue Control System, Denver, Colorado
Client: Denver International Airport
Felsburg Holt & Ullevig
Haven on the Highway, Southern Colorado
Client Colorado Department of Transportation Region 2
OUTSTANDING AWARDS BOARD
GRAPHICS PRESENTATION
Wright Water Engineers. Inc.
Pine Lake Restoration Panel
SPECIAL THANKS TO OUR SPONSORS:
GOLD LEVEL:
DPIC
V•n Glider Insurance Corp.
PATRON LEVEL:
Alpha Graphics
RA + MCO Insurance Services
• A 77. 3
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
_______ , 2000, by and between the City of Englewood, a municipal corporation of the
State of Colorado, acting by and through its Water and Sewer Board (the "City"] and Aspen Grove
Lifestyle Center Properties, LLC, a Delaware Member-managed limited liability company, its
successors and assigns ("Licensee"].
WHEREAS, Licensee is the owner of certain real property located in Arapahoe County,
Colorado, which property lies in the south half of Section 29, Township 5 South, Range 68 West of
the Sixth Principal Meridian, County of Arapahoe, State of Colorado (the "AGLCP Property"]; and
WHEREAS, In connection with the Licensee's development of the AGLCP Property, the
parties desire to allow the Licensee to install and maintain utility lines and utility conduit trenches
in that part of the Englewood City Ditch Right-of-Way depicted on Exhibit A attached hereto and
made a part hereof [the "E nglewood City Ditch Right-of-Way''].
NO\-V, THEREFORE, In consideration of the premises and the mutual covenants of the
parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby
acknowledged, it is agreed as follows:
1. License Granted. The City, without any warranty of its title or interest whatsoever,
hereby authorizes Licensee, its successors , assigns, contractors, and sub-contractors, to install,
construct , enlarge, repair, replace, remove, and maintain underground utility lines and conduit
trenches, including but not limited to gas, water, electrici ty and telephone lines, and all
appurtenances related thereto [the "Licensed Uses"], within, through, over, under and across the
Englewood City Ditch Ri ght-of-Way in those locations depicted on Exhibit B attached hereto and
made a part hereof (the "Licensed Areas"].
2. Citv Approval ofUse. Any construction or use co n templated or performed under this
License shall comply with and conform to standards formulated by the Director of Utilities of the
City of Englewood and uniformly applied to such crossing licenses, and such construction and use
shall be performed and completed according to plans approved by the City, which approval shall not
be unreasonably withheld, conditioned or delayed.
3. Citv Notice. The Licensee shall notify the City's Director of Utilities at least three
(3) days prior to the time of commencement of the constrnctio n of, or any repairs made to, the
Licensed Uses so that the City may, in its discretion, inspect such operations.
4. Restoration. Within thirty (30) days following the date of commencement of
constrnction of the Licensed Uses, the Licensee shall complete such constrnction, place and maintain
permanent, visible markers, of a type and at such locations as designated by the City's Director of
Utilities, and shall clear the Licensed Areas of all constrnction debris and restore the area to its
previous condition as near as may be reasonable. In the event the placing of the markers and the
clearing and restoration of the Licensed Areas is not completed within the time specified, the City
-1-
F:\ WP7DOCS\2000\Rlestl.A,G-General\P&MAG-121800-LicenseAgreement(UtilCross )(3). wpd
•
may complete the work at the sole expense of the Licensee. 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 percent (90%) Standard Proctor Ma""<imum
Density.
5. Citv 's Ri!!hts. The City shall have the right to maintain, install, repair, remove or
relocate the City Ditch or any other of its facilities or installations within the Englewood 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 the Englewood City Ditch
Right-of-Way.
6. Repair or Replacement. Any repair or replacement of any City installation made
necessary, in the reasonable opinion of the City's Director of Utilities , because of the construction
of the Licensed Uses or other appurtenant installation thereof, shall be made at the sole expense of
the Licensee.
7. Incorporation into Contract. The stipulation and conditions of this License shall be
incorporated into contract specifications if the use herein authorized is to be done on a contract basis.
8. License Subject to Prior A2reements. 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 resp onsibility to determine the existence of said documents or conflicting
uses or installations.
9. No Interference of Public Services. Licensee shall contact and fully cooperate with
the City 's personnel and the construction of the Licensed Uses shall be comp leted without
interference by Licensee with any lawful, usual or ordinary flow of water through City Ditch.
Licensee assumes all liability for the presence of storm waters or surface waters in City Ditch arising
out of the Licensed Uses.
10. Licensee 's Liabilitv. Licensee. by acceptance of this License, expressly assumes full
and strict liability for any and all damages of every nature to persons or property caused by water
from City Ditch leaking through the Ditch banks or pipeline at the point or points where Licensee
performs work in connection with the crossing license provided hereby. Licensee assumes all
responsibility for maintenance of the installation of the Licensed Uses.
11. Indemnification. Subject to C .R.S. 24-10-101, et. seq., Licensee shall indemnify and
save harmless the City, its officers and emplo yees 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 Licensed Uses
being within and across the Englewood City Ditch Right-of-Way 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 Licensed Uses.
12. Remedies . It is expressly agreed that in case of Licensee's material breach of any of
the within promises, City may, at its option, have specific performance thereof, or sue for damages
resulting from such breach .
-2-
F:\WP700CS\2000\RlestlAG-General\P&MAG-121800-LicenseAgreemen1(U111Cross )(3 ). wp<l
13. Termination. 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, employees and agents, subject to C.R.S. 24-10-101, shall not terminate in any event.
14. Assignment. Licensee may assign all of its rights and obligations pursuant to this
License to any entity which acquires title to the AGLCP Property. The foregoing notwithstanding ,
this License is assignable only with the written permission of the City, which permission will not be
unreasonably withheld, conditioned or delayed.
In granting the above authorization, the City reserves the right to make full use of the
Englewood City Ditch Right-of-Way as may be necessary or convenient in the operation of the water
works system under the control of the City.
IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and
day first above written.
CITY:
CITY OF ENGLEWOOD
Acting through and by its
Water and Sewer Board
Chairman
LICENSEE:
F:I WP7DOCS\2000\Rlest\AG-General\P&MAG -12 I 800-LicenseAgreement(UtilCross X3 ). wpd
-3-
APPROVED :
Stewart Fonda
Director of Utilities
Aspen Grove Lifestyle Center Properties, LLC
a Delaware Member-managed limited liability
company
By: Poag & McEwen Lifestyle Centers--
Litt;eton, LLC , its Me/m~
By 7h:-i 4z1.J r ,,f~
Title : 5 f' { c( tq ,-~
/
STATE OF Tennessee.
COUNTY OF 5/1e)b-J
On this the ~day of /Jaem bee , 2000, before me personally appeared JOsb ()Ot b PtJ known to me to be the Sec.. of Poag & McEwen
Lifestyle Centers Litt on, LLC, a Delaware limited liability comp , and acknowledged that
he, executed the within and foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act of said limited liability company for the uses and purposes therein
mentioned, and on oath stated that ~was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written. / o---5 ~
Notary Public
Address
My Commission Expires: ~ /~ >4'.J '-/
Prepared by and Return to: Lisa A. Sammons
Bernstein Law Office
555 Perkins Extended, Suite 250
Memphis, Tennessee 38117
(901) 682-6658
-4-
F:I WP7DOCS\2000\Rlest\AG-General\P&MAG-I 2 l 800-L icenseAgreement(UtilC ross )(3 ). wpd
Date
October 16, 2000
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
License Agreement for gas &
electric for the City Ditch and
Aspen Grove
STAFF SOURCE
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
A Grant of Construction Easement , License Agreement and Qu it Claim Deeds for an
Exchange of Real Estate Agreement for the Englewood City Ditch to Aspen Grove for the
Poag & McEwen Lifestyle Centers was passed by Council on October 16, 2000.
RECOMMENDED ACTION
The Englewood Water and Sewer Boa rd recommended Council approval of the License
Agreement with Aspen Grove Lifestyle Center Properties at their January 9, 2001 meeting.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Aspen Grove Lifestyle Center Properties is requesting a License Agreement for the
purpose of construct ing telephone , water and electric lines across the City Ditch pipe in the
new development to be ca ll ed Aspen Grove. This will be a retail development that will be part
of the Poag & McEwen chain. The deve lopment will be located at approximately 7100 S.
Santa Fe Drive on the west side .
Easement 1 is for a utility conduit trenc h for power and telephone condu its. Easement 2 is for
a water main to service the area. Both are an approved distance beneath the Englewood's
existing piping City Ditch. Power, telephone and water are all located in S. Santa Fe Dr. and
these lines must cross Englewood's City Ditch to serve the Aspen Grove development
Prior to construction, Aspen Grove replaced the existing open C ity Ditch line with a 60"
enclosed reinforced concrete pipe to prevent seepage into the future development. Conduits
were laid prior to the City Ditch pipe installation to prevent disturbing the ditch after the pipe
was installed.
FINANCIAL IMPACT
None .
LIST OF ATTACHMENTS
Biii for Ordinance
License Agreement