HomeMy WebLinkAbout2003-11-12 WSB AGENDAWATER& SEWER BOARD
AGENDA
Wednesday, November 12, 2003
COMMUNITY DEVELOPMENT CONFERENCE ROOM
1. MINUTES OF THE OCTOBER 14, 2003 MEETING. (ATI. 1)
2. LICENSE AGREEMENT & TEMP. CONSTRUCTION AGREEMENT
2890 S. CLARKSON ST. -DIANA BRAY. (ATI. 2)
3. LICENSE AGREEMENT-3594 S. BANNOCK ST. -COLLEEN BURKE
(ATI. 3)
4. AGREEMENT REGARDING DESIGN& CONSRUCITON OF DRAINAGE & FLOOD
CONTROL IMPROVEMENTS FOR MARCY GULCH AT CITY DITCH. (ATI. 4)
5. RECIRCULATION AGREEMENT-THE 2003 CITY DITCH/HIGH LINE CANAL
AGREEMENT. (ATI. 5)
6. PUMPING UNITS FOR WELLS UA-5 AND A-Ml. (ATI. 6)
7. LEITER TO SENATOR BENNIGHTHORSE CAMPBELL DATED OCTOBER 31,
2003. (ATI. 7).
8. WATER & SEWER BOARD CHRISTMAS DINNER-Dec. 9@ 5:00 P.M.
COUNTY LINE BARBEQUE -COUNTY LINE & BROADWAY.
9. OTHER.
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WATER AND SEWER BOARD
MINUTES
OCTOBER 14, 2003
ATT. I
The meeting was called to order at 5 :06 p.m.
Members present:
Members absent:
Also present:
Wolosyn, Clark, Moore, Higday, Cassidy,
Otis , Bradshaw, Habenicht
Kasson (long-term medical absence)
Stewart Fonda, Director of Utilities
John Bock, Utilities Admin. Mgr.
Randy Pierce, Field Services Coordinator
1. MINUTES OF THE SEPTEMBER 9, 2003 MEETING.
The Englewood Water and Sewer Board approved the minutes from the September 9,
2003 meeting.
Mr. Higday moved;
Mr. Otis seconded:
Ayes :
Nays :
Members absent:
Motion carried.
To approve the Minutes from the September
9, 2003 Englewood Water and Sewer Board
Meeting.
Wolosyn, Clark, Moore, Higday, Cassidy,
Otis , Bradshaw , Habenicht
None
Kasson
2. DRURY INN -GUEST: JOE PERELESS
Joe Pereless, attorney for Drury Inn, appeared before the Board to appeal the amount
requested from the City resulting from sewer readings that exceeded the agreed upon
amounts in the original Hotel Sewer Tap Agreement. Joe Pereless, Dan Brotzman and
Stu Fonda met before the meeting and tentatively reached a compromise, subject to Water
Board approval. An average was agreed upon for the two day time period in question and
an additional $42,000 was assessed for the tap fees. The sewer tap agreement and letter
of credit will be extended for an additional two years from May 2004 to May 2006. The
letter of credit will be reduced $42,000 to reflect the additional tap fees .
Mr. Higday moved;
Mr. Cassidy seconded:
Ayes :
Nays:
Members absent:
Motion carried.
To approve the amended Drury Inn Hotel
Sewer Tap Agreement, Letter of Credit and
the additional payment of $42,000 for tap
fees.
Wolosyn, Clark, Moore, Higday, Cassidy,
Otis, Bradshaw, Habenicht
None
Kasson
3 . 4020 S. ELATI ST. -GUEST: TOM & TRUDY HIGHBOLD.
Tom and Trudy Highbold appeared to present their case and challenge their high water
bill. The Highbolds appeared with a video camera, but permission to record was denied
by Chairman Gray Clark. John Bock and Randy Pierce of the Utilities Department
presented their data and findings. The Highbolds made arrangements for an audit and, if
no further leaks were found, the Board agreed to adjust the bill to reflect usages 590
gallons per day from April 10 to June 1 and 1066 gallons per day from June 1 to August
11 , 2003. The owners agree that, with the new meter, the new reading will be accurate
for the remainder of the bill, from August 11 to October 21.
..
4. RECORDS RETRIEVAL SYSTEM -TWINST AR INC.
John Bock appeared to discuss a proposed records retrieval system currently being used in
the City Clerk's office and Community Development. The Utilities Department is
running out of storage space for records the department is required, by mandate, to keep
for various periods of time. The department also does not have an existing program in
place for disaster recovery. A viable solution is to utilize the City's existing document
imaging system in conjunction with Twinstar, Inc. for file configuration training and
scanning the backlog. The State Archivist has approved this medium and the resulting
backup discs would be stored off site.
Twinstar has submitted a proposal for a total project cost, assuming all is done in a single
phase and exclusive of new personal computers, estimated at $50,228.00. The Board
requested a demonstration at a future meeting.
Mr. Higday moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried .
5. CLOUD SEEDING.
To approve the records retrieval system from
Twinstar, Inc. in the amount of $50,228.00.
Wolosyn, Clark, Moore, Higday, Cassidy,
Otis, Bradshaw, Habenicht
None
Kasson
Englewood participated in Denver's cloud seeding program in 2002-03. An independent
evaluation determined that there was a 14% increase snowfall as a result of the cloud
seeding effort. Utilizing the same participation percentages as last year, Denver is asking
for the same contribution, which would make Englewood's share $3,200 for the 2003-04
winter. '
Mr. Cassidy moved;
..
Mr. Higday seconded:
Ayes :
Nays:
Members absent:
Motion carried.
To approve participating in Denver's 2003-
04 winter cloud seeding program in the
amount of $3,200.
Wolosyn, Clark, Moore, Higday, Cassidy,
Otis, Bradshaw, Habenicht
None
Kasson
6. CITY DITCH RECIRCULATION AGREEMENT WITH DENVER WATER.
Denver submitted a City Ditch/Highline Canal Agreement to the Board. In 2002 Denver
Water Department decided not to continue operating the City Ditch north ofl-25 once the
TREX Project severed it. Because Englewood will no longer be delivering water to
Denver for use north of Harvard Gulch, Englewood and Denver have agreed to change to
arrangements set for the 1995 Agreement. This agreement would allow continued flows
of Denver's water in a portion of the City Ditch south from Harvard Gulch. Once the
final draft is approved , the agreement will be submitted for Board approval.
7. VULNERABILITY ASSESSMENT .
The Utilities Department is required by the Bioterrorism Preparedness and Response Act
of 2002 , Section 1433(a) to conduct a Vulnerability Assessment, certify and submit a
copy of the assessment to EPA and prepare or revise an emergency response plan that
incorporates the results of the Vulnerability Assessment. This is required for every
community water system serving a population greater than 3,300.
The Allen Filter Plant received six proposals. After careful evaluation, it was decided to
contract with CDM to prepare the assessment for $27,000. Utilities personnel thought
CDM was the firm that was most familiar with Englewood's facilities and has determined
CDM is experienced in completing this type of evaluation.
Mr. Higday moved;
Mr. Otis s@conded: To approve the CDM proposal for preparing
a vulnerability assessment to comply with
the Bioterrorism Preparedness Act for
$27,000 .
..
Ayes:
Nays:
Members absent:
Motion carried.
8. INFORMATIONAL ITEMS:
Wolosyn, Clark, Moore, Higday, Cassidy,
Otis, Bradshaw, Habenicht
None
Kasson
The Board received a copy of a letter Stu mailed to Senator Ben Nighthorse Campbell
dated September 24 , 2003 regarding the American Water Works Association Research
Foundation's concern about federal funding for drinking water security research.
The Board received a Denver Post article dated September 28 , 2003 , "Denver Water does
test for NDMA." The editorial from Steve Work, Director of Operations and
Maintenance with Denver Water, discusses the testing done by Denver Water in Chatfield
Reservoir for NDMA for the last two years. The results have all been negative .
9. SOUTH SUBURBAN INTERGOVERNMENTAL AGREEMENT.
The Board received a letter dated September 30, 2003 to David Hill regarding South
Suburban's participation in the Englewood Golf Course Well. South Suburban was given
the choice of tapping onto to Englewood's extended main in the area of the Englewood
water park or participating in the costs of Englewood 's golf course well in return for 20
acre feet of water. A meeting with all parties has been scheduled for October 16, with the
last date for South Suburban to accept Englewood's offer extended to October 31, 2003 .
10. SOUTH ENGLEWOOD STANDARD CONNECTOR'S AGREEMENT.
The South Englewood Sanitation District submitted a standard connector's agreement for
Board approval. The Englewood/Littleton treatment plant is able to receive and treat
sewage transmitted by various districts and the attached agreement addresses this service
with the district that owns and maintains the sewer mains.
In the South Englewood Sanitation District there are 4,594 taps encompassing
approximately 6 square miles. South Englewood will continue to own the lines and be
responsible for capital improvements.
•
Mr. Higday moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval of the
South Englewood Sanitation District's
Connector's Agreement.
Wolosyn, Clark, Moore, Higday, Cassidy,
Otis, Bradshaw, Habenicht
None
Kasson
11 . NITRATE AND NITRITE IN DRINKING WATER.
The Board received a fact sheet from the state of Ohio regarding nitrate and nitrites in
drinking water.
The meeting adjourned at 5:53 p.m.
The next Water and Sewer Board meeting will be Tuesday, November 12, 2003 in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
Date
November 17, 2003
INITIATED BY
Utilities Department
AT.T. 2
COUNCIL COMMUNICATION
Agenda Item Subject
License Agreement & Grant
of Temp. Construction
Easement for 2890 S.
-Clarkson St.
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their November 12, 2003 meeting, recommended
Council approval of the License Agreement and Temporary Construction Easement to
encroach into Englewood's Ditch easement at 2890 S . Clarkson St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Mr. and Mrs. Bray submitted a License Agreement and Temporary Construction Easement to
encroach into the Englewood's City Ditch easement for a remodeling addition for the
residence at 2890 S. Clarkson St. This encroachment will even out the boundaries of an
encroachment for a previous remodeling project.
Englewood will maintain the easement and the right to install, repair remove or relocate the
City Ditch at any time deemed necessary. The License Agreement and Temporary
Construction Easement will allow Mr. and Mrs . Bray to construct an addition to their residence
at 2890 S. Clarkson St. encroaching in an area where the City Ditch easement runs diagonally
across the property.
The Licensee expressly assumes full and strict liability for any and all damages of every nature
to person or property caused by the point or points where the Licensee performs any work in
connection with the encroachment provided by the Licensee . The City reserves the right to
make f ull use of the property necessary in the operation of the City Ditch, including the
conveyance of stormwater runoff.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
License Agreement
Bill for Ordinance
CITY DITCH LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
October, 2003, by the between the CITY OF ENGLEWOOD, a municipal corporation of the
State of Colorado , herein referred to as "City", and LEIGH BRAY and DIANA BRAY , herein
referred to as "Licensees";
WHEREAS, licensees have purchased a parcel of property shown on Exhibit A, which
parcel has a structure which currently encroaches upon the spans the Right-of-Way for the City
Ditch in this area; and
WHEREAS, such original structure was constructed without pennission or license from
the City for the then owner of the City Ditch: and
WHEREAS , the property owner has requested that the City allow the property owner to
reconstruct and repair the strucrure along with reinforcement of foundacions for the structure as
well as supporting elements fo r the City Ditch itself: and
WITNESS ETH : The City. with out ;:my wa rr anty of its ritle or interest wha tso ever ,
hereb y authorizes Licensee s to use a parcel of la nJ known as rhe Ciry Ditch Right-0f-Wa y
described and shown on the att:.iched .. Exhibit s··. Thi s lic ense permits the Licensees to use the
property for access for the existi ng house at 2890 South Cl ark son . Englew ood, Col orado.
1. Licensees shall make no permanent the struc ru res on the licensed premises other
than the repairs on the existing strucrure shown in .. Exhibit A.". Licensees agree
to take due ca re to pre vent damage to the Ditc h and associated vegetation and
installations and to repair at their sole expense. any damage to the City property
within thirt y (30) days of notification of said damage from the City.
2. Licensee understands :md agrees that one of th e purposes of the City Ditch is to
con vey storm water flows :md surface dra inag e and that the se crea te a substantial
risk of damage to an y strucrures or retaining wal ls loc ated within the Right of
Wa y. Licen see fu rther agrees that it shall in now way impede the City's uses of
the Ciry Ditch including irrigation and sto nn drainage.
3.
4.
s •.• •
In granting the above auth orizati on, the City reserves the right to make full use
of the property invo lved as ma y be necessary or convenient in the op eration of
the City Ditch .
The City shall ha ve the right to maintain. install. repair . remo ve or relocate any
of its facilities or installat io ns within the City. s property at an y time :md in such
manner as the City deems ne cessary or convenient. The Cit y reser. es the
exclusive right to control all easement s and installations .
The rights and pri vi leges granted in this License shall be subject to prior
agreements . licenses and/or grants , rec orded or unrecorded. and it shall be the
Licensee 's sole responsibilit y to determine the i:!xistence of said documents or
conflicting uses or installations.
6. No construction shall be allowed on this parcel without express wrinen
permission from the City. Any damage to City property shall be promptly
reported .
7. Upon abandonment of any right or pri vilege herein granted, the right of
Licensees to that extent shall terminate, but its obligation to indemnify and save
harmless the City, its officers and employees, shall not terminate in any event.
8. The rights and duties granted Licensees hereunder shall run with the lan d and
shall inure to their heirs and assigns.
9. All trenches and excavations within City property shall be backfilled in the
following manner: the trench or excavation shall be backfilled to the original
ground line using on ly suitab le soft earth material. The back fill material shall be
deposited in layers not to exceed eight (8) inches loose measure fo r the full width
of the trench. Layers shall be brought up uniformly compacted with mechanical
tampers capable of exerting a blow at least equivalent to 250 pounds per squa re
foot. to 90% of Standard Proctor. The moisture content of the material shall be
adjusted as required to secure the above density. The a~ount of wacer us ed shall
be suffici ent to obtain the maximum density specified. When moisture is in
excess of that necessary for proper co mpaction, the Licensee shall be req uir ed to
grade, mix or otherwise process wet material to proper moisture content or haul
in suitable material. Tamping equipment shal l be subject to the approva l of the
City .
IO .
11.
..
Licensee will use all reasonable means to pre vent any loss or damage to the City
or to others resulting from che construction. modification . replacement. repair ,
operation and maintenance of Licensee's installation. Any repair or replacement
of any of the City's installations on its property made necessary, in the opinion of
the City. because of the construction, modification. operation, maintenance.
repair or replacement of Licensee· s installation. shall be made only by the City
and at the sole expense of Licensee.
Licensee shall indemnify and save harmless the City, its officers. employees and
agents, against any and all claims, damages. including damages caused by sto rm
water flows and sur face drainage . act ion s or causes of action and expense to
which it or they may be subjected by reason of Licensee's installation bei ng
located within and across the property of the City or by reason of any wo rk done
or omission made by Licensee , its agents or employees, in co nnecti on with the
construction, operation, modification, replacement, maintenance , repair or
remo val of Licensee's installation . If the construction of all or any part of
Licensee's installation is to be performed by an independent contractor under
contract with the Licensee. the Licensee shall so notify the City and shall
incorporate the stipulations and conditions of this License into the co ntract
specifications. and if required by the City, cause said independent conrractor to
obtain , prior to commencement of the work. an insurance policy or policies in
amounts and with companies satisfactory to the City which will protect the City
from any loss or damage resulting from the work performed by the co ntractor.
12. All work authorized by this License shall be performed by the Licensee at no
expense to the City and, except as otherwise set forth herein, Licensee shall own
and maintain its installation thereafter.
IN WITNESS WHEREOF, this instrument has been executed as of the day and year first
above written.
CITY OF ENGLEWOOD , COLORADO
Beverly J. Bradshaw, Mayor
LICENSEES :
Lei g h Bray
STATE OF COLOR.ADO )
) SS .
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this day of ---____ , 2003 , by
WINESS my hand and seal.
Notary Public
My Commission expires :
Diana Bray
STA TE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this day of ---____ ,2003 , by .
WITNESS my hand and seal.
Notary Public
My Commission expires:
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T/-i E DEN VER MUNICIPAL WATER WORKS
RIGHTOFWAYFOR CITYIJITCH
rlf'OM E.J. S()N/Jcl(L/lv'
OR .. ,,.,,,.c/3 .
APP . . CV. ~NG. OR .• Ii T N2. 3 0 t;;
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GRANT OF TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT AGREEMENT is made this __ day of , 2003,
between the CITY OF ENGLEWOOD , (hereinafter referred to as "the City") and Leigh Bray and Diana Bray
the owners of 2890 South Clarkson, Englewood, Colorado .
WHEREAS , the Licensees own certain property adjacent to the City Ditch; and
WHEREAS. Licensees desire to make certain improvements in the area relating to their property and the
City agrees to give Licensees a Construction Easement for said improvements.
WITNESS. the City, without any warranty of its titl e or interest whatsoever. hereby grants the owners
the use of the property , hereinafter described. the City now ow ns for the following improvements :
Legal description :
Lot Bl ock ________________ subdi vis ion
also known as: 2890 South Clarkson , Englewood. Colorado.
Construction Improvements :
See Exhibit A.
NOW THEREFORE, it is agreed between the City and Owners that the Owners shall be granted a
construction easement to make the improvements de scribed in E."l:hibit . .\.
This . .\greement shall terminate upon completion of sa id improvements and appro val by the City
of Englewood .
IN WITNESS WHEREOF. the parties hereto have set their hands and seals of the date
first above written .
CITY OF E>iGLEWOOD. COLORADO
Seu Fonda. Director of Utilities
OWNERS:
Leigh Bra y
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this ___ da y of
----' 2003, by
WITNESS my hand and seal.
Notary Public
My Commission expires:
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By:------------
Diana Bray
STA TE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this day of ---_____ , 2003, by
WITNESS my hand and seal.
Norary Public
My Commission expires :
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BRAY · PHASE II
Date
November 17, 2003
INITIATED BY
Utilities Department
ATT. 3
COUNCIL COMMUNICATION
Agenda Item Subject
License Agreement for 3594
S. Bannock St.
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On May 19, 2003 City Council approved an Ordinance for a License Agreement to install a
gate across the City Ditch at 3594 S. Bannock St.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their November 12, 2003 meeting, recommended
Council approval by Ordinance of the License Agreement to maintain a portion of the City
Ditch adjacent to 3594 S. Bannock St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Ms. Colleen Burke submitted a License Agreement to maintain the City's easement along the
City Ditch, which is an enclosed drainage way adjacent to 3594 S. Bannock St. Ms. Burke and
her adjacent neighbor, Judy Harris, will be both applying for maintenance agreements on the
City Ditch property behind their homes.
Englewood will maintain the use of their easement and the right to install, repair remove or
relocate the City Ditch at any time deemed necessary. The License Agreement will allow Ms.
Burke to maintain the existing ditch easement for improved appearance and to minimize
maintenance and safety concerns.
The Licensee expressly assumes full and strict liability for any and all damages of every nature
to person or property caused by the point or points where the Licensee performs any work in
connection with the crossing provided by the Licensee . The City reserves the right to make
full use of the property necessary in the operation of the City Ditch.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
License Agreement
Bill for Ordinance
CITY DITCH CROSSING
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of thek I>-, day of
a Yc-6.&<, , 2003, by and between the CITY OF ENGLEWOOD, a municipal corporation
of Colorado, hereinafter referred to as "Englewood" or "City", and Patrick and Collene Burke ,
hereinafter referred to as "Licensee";
WITNESS ETH
The City , without any warranty of its title or interest whatsoever, hereby authorizes
Licensee to maintain a parcel of land in the City's rights-of-way for the City Ditch.
A parcel of and situate in the Nonhwest Quaner of Section 3, Township 5 South, Range
68 West of the 6 th P.NL, County of Arapahoe, State of Colorado , and lying within the following
described lines :
That portion of the City Ditch right-of-way beginning at the extended east lot line of Lots
26 and 27. Block 6. Skerritt's Addition, Third Filing (said lot line extended south to the
south City Ditch right-of-way line ) and extending southwesterly to a line perpendicular to
the center line of the City Ditch right-of-way and eight feet (8 ') southwest of ::i manhole
loc::ited nineteen feet ( 19 ') southeast of the northe:ist corner of Lot 28 Block 6. Skerritt ' s
Third Filing.
1. In gr::inting this License. the City reserves the right to make full use of the property
involved as may be necessary or convenient in the operation of the City and the City retains all
right to oper::ite , maim::iin. install , repair, remove or relocate an y of its facilities located within the
City 's property at any time and in such a manner :is it deems necessary or convenient . In the
event Licensee · s installations should interfere with the City 's use or operation of its property , at
any time hereafter. Licensee shall , upon request by the City and at Licensee's sole expense.
immediately relocate . rearrange or remove its installation so as not to interfere with any such City
use and to remove the installation of Licensee when necessary or convenient for the City , its
successors or assigns.
2, 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 City's rights-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 e:isements and installations.
3. 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 responsibility to
determine the existence of said documents or conflicting uses or installations.
4. 1'he Licensee shall have the right to maintain the above described parcel, including, but
not limited to, planting :ind trimming grass and/or bushes, fertilization and irrigation and
removal of trash and brush.
5. Access to the parcel by City personnel must be maintained by Licensee for inspection and
maintenance .
6. No construction shall be allowed on this parcel without express written permission from
the City.
7. 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 hannless the City, its officers and
employees, shall not terminate in any event.
8. The rights granted Licensee hereunder may not be assigned without the written consent
of the City.
9. Licensee shall comply with all applicable laws and ordinances and all rules, regulations
and requirements of any environmental standards and conditions of the premises. If, as a result of
Licensee's occupancy of the premises and its operation hereunder, any such law, ordinance, rule
or regulation is violated, Licensee shall protect, save harmless. defend and indemnify City from
and against any penalties, fines, costs and expenses , including legal fees and court costs incurred
by City, caused by, resulting from, or connected with such violation or violations.
In granting the above authorization, City reserves the right to make full use of the
property involved as may be necessary or convenient in the operation of the water works plant
and system under control of City .
IN WITNESS WHEREOF this instrument has been executed as of the day and year first
above written.
Approved:
Steward Fonda
CITY OF E~GLEWOOD , COLORADO
Acting through :ind by it
Water and Sewer Board
By ----
Chairman
LICENSEE :
QVl,t~.kb~
Englewood City Ditch
[South Bannock Street]
(----/-. --------
/
/ . -·collen / --·-. nurkf' / /(~_,-.359~4 / ~
City Ditch
// ;·
,/
/
/ ;'
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llr1rris /
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--5348 ' --
--5350 :~------------------
Jefferson Ave.
----··------· ·------------------
(
Legend
-Parcel Lines
--Streets
--Topographic Lines
--Fence/Concrete Wall
1:400 • Survey Property Pin/ Ditch Manhole
Date
November 17, 2003
INITIATED BY
Utilities Department
A IT. '-I
COUNCIL COMMUNICATION
Agenda Item Subject
Design and Construction of
Drainage & Flood Control
Improvements for Marcy
Gulch
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board , at their November 12 , 2003 meet ing , recommended
Council approval of the Agreement Regarding Design and Construction of Drainage and Flood
Control Improvements for Marcy Gulch at City Ditch.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A Master Plan of Dra inage for Marcy Gulch was originally prepared in 1985 for the Marcy
Gulch drainage basin in Highlands Ranch. Urban Drainage , Centennial Water and Sanitation
District and the C ity of Englewood now wish to proceed with design and construction of the
drainage and flood control improvements for this area . Erosion has exposed the pipe and the
coming spring runoff could cause Englewood 's existing siphon structure to fail. This would
create an emergency situation because water could not be delivered to either Highlands
Ranch or the Allen Filter Plant.
Englewood owns the spillway that to protects the pipe from Marcy Gulch runoff. Urban
Drainage and Flood Control is proposing to construct a new spillway, to replace the existing
City Ditch pipe with 48 " reinforced concrete pipe, and to construct a new inlet and outlet
structure . Enlarging this pipe to 48 " will allow the City Ditch to carry up to 59 cfs of raw water.
Urban Drainage is overseeing the project and ensuring flood control compliance.
FINANCIAL IMPACT
This agreement is for the engineering phase of the project , and Muller Engineering will design
the spillway structure . Centennial will pay for the design of the inlet and outlet structures and
enlargement of the C ity Ditch pipe to 48 " Englewood 's portion is $12,550 with Centennial
contributing $9 ,930 . Funds for construction of the project will be provided by an amendment
to this agreement at a future date . ..
LIST OF ATTACHMENTS
Agreement Regard ing Design and Construction of Dra inage and Flood Control Improvements
for Marcy Gulch at Englewood Ditch
Bill for Ordinance
AGREEMENT REGARDING
DESIGN AND CONSTRUCTION
OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
MARCY GULCH AT ENGLEWOOD DITCH
Agreement No. 03-10.09
THIS AGREEMENT, made this _____ day of ________ , 2003, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"),
CITY OF ENGLEWOOD (hereinafter called "CITY") and CENTENNIAL WATER AND SANITATION
DISTRICT (hereinafter called "WATER DISTRICT") collectively known as "PARTIES";
WITNESSETH:
WHEREAS , DISTRICT, in a policy statement previously adopted, (Resolution No. 14, Series of
1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have
heretofore enacted floodplain regulation measures; and
WHEREAS, a drainage master plan entitled "Master Plan of Drainage, for Marcy Gulch" was
prepared in 1985 for the Marcy Gulch drainage basin in Highlands Ranch (hereinafter called "PLAN");
and
WHEREAS, PARTIES now desire to proceed with design and construction of drainage and flood
control improvements for Marcy Gulch at the Englewood Ditch' (hereinafter called "PROJECT"); and
WHEREAS. DISTRICT has adopted at a public hearing a Five-Year Capital Improvement
Program (Resolution No . 80, Series of 2003) for drainage and flood control facilities in which PROJECT
was included in the 2003 calendar year; and
WHEREAS , DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year
2003 subsequent to public hearing (Resolution No. 68, Series of2003) which includes funds for
PROJECT; and
WHEREAS, DISTRJCT's Board of Directors has authorized DISTRICT financial participation for
PROJECT (Resolution No. 73, Series of2003); and
WHEREAS, the City Council of CITY, the Board ofDirectors of WATER DISTRICT and the
Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs
of the respective PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1. SCOPE OF AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT.
2. SCOPE OF PROJECT
A. Final Design. PROJECT shall include the final design of improvements in accordance with
the recommendations defined in PLAN. Specifically, the final design of facilities shall be at
\deslagreenmt\031009
the Englewood Ditch to include a drop structure and enlargement of the siphon, as shown on
Exhibit A.
B. Construction . PROJECT shall include construction by DISTRJCT of the drainage and flood
control improvements as set forth in the final design.
3. PUBLIC NECESSITY
PARTIES agree that the work performed pursuant to this Agreement is necessary for the health,
safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit
to the inhabitants of DISTRICT and the property therein.
4. PROJECT COSTS AND ALLOCATION OF COSTS
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and
be limited to the following:
1. Final design services;
2. Construction of improvements ;
3. Contingencies mutually agreeable to PARTIES .
B . It is understood that PROJECT costs as defined above are not to exceed 522 ,480 without
amendment to this Agreement.
PROJECT costs for the various elements of the effort are estimated as follows:
ITEM NvfOUNT
l. Final Design $22,480
2. Construction -0-*
3. Contingency -0-
Grand Total $22.480
* It is intended that funds for construction of PROJECT shall be amended to this Agreement
at a future date .
This break.down of costs is for estimating purposes only. Costs may vary between the
various elements of the effort without amendment to this Agreement provided the total
expenditures do not exceed the maximum contribution by all PARTIES plus accrued
interest.
C. Based on total PROJECT costs , the maximum percent and dollar contribution by each party
shall be :
Percentage Maximum
Share Contribution
DISTRICT 0% $ -0-
CITY 56% 12 ,550
WATER DISTRICT 44% 9,930
• TOTAL 100% $22 ,480
\deslagreemnt\031009 2
'•
5. MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resolution No . 11, Series of 1973 and Resolution No. 49, Series
of 1977), the cost sharing shall be after subtracting state, federal, or other sources of funding from
third parties. However, monies CITY and WATER DISTRICT may receive from federal funds,
the Federal Revenue Sharing Program, the Federal Community Development Program, or such
similar discretionary programs as approved by DISTRICT's Board of Directors may be considered
as and applied toward CITY's and WATER DISTRICT's share of improvement costs.
Payment of each party's full share (CITY -$12,550; WATER DISTRICT -$9,930; DISTRICT-$0)
shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of
request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a
special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein.
DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic
notification to CITY and WATER DISTRICT of any unpaid obligations. Any interest earned by
the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT
for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting
officers (Paragraph 13).
Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed, obligated, or disbursed. each party shall receive a share of
such monies , which shares shall be computed as were the original shares.
6. FINAL DESIGN
The contracting officers for PARTIES , as defined under Paragraph 13 of this Agreement, shall
select an engineer mutually agreeable to both PARTIES . DISTRICT shall contract with selected
engineer and shall supervise and coordinate the final design including right-of-way delineation
subject to approval of the contracting officer for CITY and WATER DISTRICT. Payment for final
design shall be made by DISTRICT as the work progresses from the PROJECT fund established as
set forth above .
Final design services shall consist of, but not be limited to , the following :
A. Preparation of a work plan schedule identifying the timing of major elements in the design;
B . Preparation of detailed construction plans and specifications;
C. Preparation of an estimate of probable construction costs of the work covered by the plans
and specifications;
D . Preparation of an appropriate construction schedule .
DISTRICT shall provide any written work product by the engineer to CITY and WATER
DISTRICT.
7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE
• CITY shall own the property either in fee or non-revocable easement and shall be responsible for
same. It is specifically understood that the right-of-way is being used for drainage and flood
control purposes. The properties upon which PROJECT is constructed shall not be used for any
ldes\agreenmt\031009 3
purpose that shall diminish or preclude its use for drainage and flood control purposes. CITY may
not dispose of or change the use of the properties without approval of DISTRICT. If, in the future,
CITY disposes of any portion of or all of the properties acquired upon which PROJECT is
constructed pursuant to this Agreement; changes the use of any portion or all of the properties upon
which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements
located on any portion of the properties upon which PROJECT is constructed pursuant to this
Agreement; and CITY has not obtained the written approval of DISTRICT prior to such action,
CITY shall take any and all action necessary to reverse said unauthorized activity and return the
properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the
ownership and condition they were in immediately prior to the unauthorized activity at CITY's sole
expense. In the event CITY breaches the terms and provisions of this Paragraph 7 and does not
voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against CITY
for specific performance of this portion of the Agreement.
8. MANAGEMENT OF CONSTRUCTION
A. Costs. Construction costs shall consist of those costs as incurred by the lowest acceptable
bidder(s) including derour costs, licenses and permits, utility relocations, and construction
related engineering services as defined in Paragraph 4 of this Agreement.
B. Construction Management and Pavme nt
1. DISTRICT, with the assistance of CITY and WATER DISTRICT, shall administer
and coordinate the construction-related work as provided herein.
2 . DISTRICT, with assistance and approval of CITY and WATER DISTRICT, shall
advertise for construction bids : conduct a bid opening; prepare construction contract
documents ; and award construction contract(s).
3. DISTRICT shall require the contracror to provide adequate liability insurance that
includes CITY and WATER DISTRICT. The contractor shall be required to
indemnify CITY and WATER DISTRICT. Copies of the insurance coverage shall be
provided to CITY and WATER DISTRICT.
4. DISTRICT, with assistance of CITY and WATER DISTRICT, shall coordinate field
surveying; staking; inspection: testing; acquisition of right-of-way; and engineering as
required to construct PROJECT. DISTRICT, with assistance of CITY and WATER
DISTRICT, shall assure that construction is performed in accordance with the
construction contract documents including approved plans and specifications and shall
accurately record the quantities and costs relative thereto. Copies of all inspection
reports shall be furnished to CITY and WATER DISTRICT on a weekly basis.
DISTRICT shall retain an engineer to perform all or a part of these duties.
5. DISTRICT, with approval of CITY and WATER DISTRICT, shall contract with and
provide the services of the design engineer for basic engineering construction services
to include addendum preparation; survey control points; explanatory sketches ;
\des\agreeamt\031009 4
revisions of contract plans; shop drawing review; as-built plans; weekly inspection of
work; and final inspection.
6. PARTIES shall have access to the site during construction at all times to observe the
progress of work and conformance to construction contract documents including plans
and specifications.
7. DISTRICT shall review and approve contractor billings and send them to CITY and
WATER DISTRICT for approval. DISTRICT shall remit payment to contractor
based on billings approved by PARTIES .
8. DISTRICT, with assistance and written concurrence by CITY and WATER
DISTRICT, shall prepare and issue all written change or work orders to the contract
docwnents.
9. PARTIES shall jointly conduct a final inspection and accept or reject the completed
PROJECT in accordance with the contract documents.
10 . DISTRICT shall provide CITY and WATER DISTRICT a set of mylar reproducible
"as-built" plans .
C. Construction Change Orders. In the event that it becomes necessary and advisable to change
the scope or detail of the work to be performed under the contract(s), such changes shall be
rejected or approved in writing by the contracting officers. No change orders shall be
approved that increase the costs beyond the funds available in the PROJECT fund, including
interest earned on those funds , unless and until the additional funds needed to pay for the
added costs are committed by all PARTIES.
9. MAINTENANCE
PAR TIES agree that CITY and WATER DI STRICT shall own and be responsible for maintenance
of the completed and accepted PROJECT . PARTIES further agree that DISTRICT, at CITY's and
WATER DISTRICT'S request, shall assist CITY and WATER DISTRICT with the maintenance of
all facilities constructed or modified by virtue of this Agreement to the extent possible depending
on availability of DISTRICT funds . Such maintenance assistance shall be limited to drainage and
flood control features of PROJECT. Maintenance assistance may include activities such as keeping
flow areas free and clear of debris and silt, keeping culverts free of debris and sediment, repairing
drainage and flood control strucrures such as drop structures and energy dissipaters, and clean-up
measures after periods of heavy runoff. The specific nature of the maintenance assistance shall be
set forth in a memorandum of understanding from DISTRICT to CITY and WATER DISTRICT,
upon acceptance ofDISTRICT's annual Maintenance Work Program.
DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times
for observation of flood control facility conditions and for maintenance when funds are available . •
\des\agreemnt\031009 5
10. FLOODPLAIN REGULATION
CITY and WATER DISTRICT agrees to regulate and control the floodplain of Marcy Gulch
within CITY and WATER DISTRICT in the manner prescribed by the National Flood Insurance
Program and prescribed regulations thereto as a minimum.
PARTIES understand and agree, however, that CITY and WATER DISTRICT cannot obligate
itself by contract to exercise its police powers. If CITY and WATER DISTRICT fails to regulate
the floodplain of Marcy Gulch within CITY and WATER DISTRICT in the manner prescribed by
the National Flood Insurance Program and prescribed regulations thereto as a minimum,
DISTRICT may exercise its power to do so and CITY and WATER DISTRICT shall cooperate
fully.
11. TERM OF AGREEMENT
The tenn of this Agreement shall commence upon final execution by all PARTIES and shall
terminate two years after the final payment is made to the construction contractor and the final
accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5
herein, except for Paragraph 10 . FLOODPLAIN REGULATION , Paragraph 7. OWNERSHIP OF
PROPERTY AND LIMITATION OF USE , and Paragraph 9. MAINTENANCE, which shall run in
perpetuity.
12. LIABILITY
Each party hereto shall be responsible for any suits, demands , costs or actions at law resulting from
its own acts or omissions and may insure against such possibilities as appropriate.
13. CONTRACTING OFFICERS AND NOTICES
A. The contracting officer for CITY shall be the City Mayor, l 000 Englewood Parkway,
Englewood , Colorado 80110 .
B. The contracting officer for WATER DISTRICT shall be the General Manager, Centennial
Water and Sanitation District, 62 Plaza Drive, Highlands Ranch , Colorado 80126.
C. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th
Avenue , Suite l 56B, Denver, Colorado 80211.
D . Any notices, demands or other communications required or permitted to be given by any
provision of this Agreement shall be given in writing, delivered personally or sent by
registered mail, postage prepaid and return receipt requested, addressed to PAR TIES at the
addresses set forth above or at such other address as either party may hereafter or from time
to time designate by written notice to the other party given when personally delivered or
mailed, and shall be considered received in the earlier of either the day on which such notice
is actually received by the party to whom it is addressed or the third day after such notice is
&nailed .
E. The contracting officers for PARTIES each agree to designate and assign a PROJECT
representative to act on the behalf of said PARTIES in all matters related to PROJECT
undertaken pursuant to this Agreement. Each representative shall coordinate all
\deslagreemnt\031009 6
PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be
responsible for providing all available PROJECT-related file information to the engineer
upon request by DISTRICT or CITY and WATER DISTRICT. Said representatives shall
have the authority for all approvals , authorizations, notices or concurrences required under
this Agreement or any amendments or addenda to this Agreement.
14 . AMENDMENTS
This Agreement contains all of the terms agreed upon by and among PARTIES . Any amendments
or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid
and binding.
15 . SEVERABILITY
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a
court of competent jurisdiction or by operation of any applicable law, such invalid or
unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all
other clauses or provisions shall be given full force and effect.
16. APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado . Venue for any and all legal actions regarding the transaction covered herein shall lie in
District Court in and for the C ity and County of Denver, State of Colorado.
17 . ASSIGNABILITY
No party to this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior wrinen consent of the nonassigning party or parties to this Agreement.
18. BINDING EFFECT
The provisions of th is Agreement shall bind and shall inure to th e benefit of PARTIES hereto and
to their respective successors and permitted as signs.
19. ENFORCEABlLITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity,
by decree of specific performa nc e or damages , or such other legal or equitable relief as may be
available subject to the provisions of the laws of the State of Colorado.
20 . TERMINATION OF AGREEMENT
This Agreement may be terminated upon thirty (30) day 's wrinen notice by any of PARTIES, but
only if there are no contingent, outstanding contracts . If there are contingent, outstanding
contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and
only upon the cancellation of all contingent, outstanding contracts . All costs associated with the
cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as
were th_rir contributions and subject to the maximum amount of each party's contribution as set
forth herein.
\deslagrcemnt\031009 7
21. PUBLIC RELATIONS
It shall be at CITY's and WATER DISTRICT's sole discretion to initiate and to carry out any
public relations program to inform the residents in PROJECT area as to the purpose of PROJECT
and what impact it may have on them. Technical and final design recommendations shall be
presented to the public by the selected design engineer. In any event DISTRICT shall have no
responsibility for a public relations program, but shall assist CITY and WATER DISTRICT as
needed and appropriate.
22. NO DISCRIMINATION IN EMPLOYMENT
In connection with the performance of work under this Agreement, PARTIES agree not to refuse to
hire, discharge , promote or demote, or to discriminate in matters of compensation against any
person otherwise qualified because of race , color, ancestry, creed, religion , national origin, gender,
age, military status, sexual orientation, marital status, or physical or mental disability and further
agree to insert the foregoing provision in all subcontracts hereunder.
23. APPROPRIATIONS
Notwithstanding any other term , condition , or provision herein , each and every obligation of CITY
and/or DrSTRICT stated in this Agreement is subject to the requirement of a prior appropriation of
funds therefore by the appropriate governing body of CITY and or WATER DISTRICT and/or
DISTRICT.
24. NO THIRD PARTY BENEFICIARIES
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person on such Agreement. It is the express intention of PARTIES that
any person or party other than any one of PARTIES receiving services or benefits under this
Agreement shall be deemed to be an incidental benefic iary onl y.
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 :
\des\agreemnc\031009 8
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
Title Executive Director
Date ____________ _
(SEAL)
ATIEST:
APPROVED AS TO FORM:
City Attorney
(SEAL )
ATTEST:
\deslagreemnt\03 l 009 9
CITY OF ENGLEWOOD
Title. ___________ _
Date ___________ _
CENTENNIAL WATER AND
SANITATION DISTRICT
By ____________ _
Title. ___________ _
Date ___________ _
AGREEMENT REGARDlNG
DESIGN AND CONSTRUCTION
OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
MARCY GULCH AT ENGLEWOOD DITCH
Agreement No. 03-10.09
Exhibit A
ATT. s
COUNCIL COMMUNICATION
Date
November 17, 2003
INITIATED BY
Utilities Department
Agenda Item Subject
City Ditch/Highline Canal
Agreement with Denver
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Original City Ditch/High Line Cana l Agreement on October 3, 1995.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their October 14, 2003 meeting, recommended
Council approval of the 2003 City Ditch/Highline Canal Agreement for the delivery of raw
water.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 2002 Denver Water Department decided to not continue operating the City Ditch north of 1-
25 once the TREX Project severed it. Because Englewood will no longer be delivering water
to Denver for use north of Harvard Gulch, Englewood and Denver have agreed to change the
compensation arrangements set for the 1995 Agreement. The City and County of Denver
submitted a City Ditch/Highline Canal Agreement to continue flows in a portion of the City
Ditch south from Harvard Gulch that would allow continued conveyance of water to locations
on the City Ditch.
This agreement would provide access for storm drainage intercepted by the City Ditch and
provide aesthetic benefits to the citizens of Englewood. Englewood will maintain their
easement and the right to install , repair remove or re locate the City Ditch at any time deemed
necessary.
FINANCIAL IMPACT
Denver has agreed to reimburse Englewood up to $257,000 for the construction of a pump-
back recirculation system for the open section of City Ditch between 350 E. Cornell and 2750
S. Clarkson. Englewood shall pay a proportionate share of the operation and maintenance
expenses on that portion of the City Ditch, including the High Line diversion to Mclellan
Reservoir. Englewood's share of these costs will be based on the ratio of the volume of water
diverted for Englewood at the High Line diversion dam.
LIST OF ATTACHMENTS
2003 City Ditch/High Line Canal Agreement
Bill for Ordinance
2003 CITY DITCH/HIGH LINE CANAL AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
_______ , 2003, by and between the City and County of Denver, acting by and
through its Board of Water Commissioners, a municipal corporation of the State of Colorado
("Denver"), and the City of Englewood, a municipal corporation of the State of Colorado
("Englewood").
RECITALS
By a document dated October 3, 1995, entitled CITY DITCH/HIGH LINE CA1'fAL
AGREEMENT, (the 1995 Agreement) Denver and Englewood agreed, among other things,
upon delivery of water through City Ditch and the High Line Canal. Denver and Englewood
now desire to amend the 1995 Agreement in its entirety, to read as follows:
A. Englewood and Denver wish to arrange for delivery of water to each of them from
a ditch owned by the other. Englewood desires deliveries from the High Line Canal, and Denver
desires deliveries from the City Ditch to its contract users, and desires to have a remaining right
to obtain certain deliveries from City Ditch for its own use.
B. The High Line Canal ("High Line") is owned and operated by Denver. A turnout
from the High Line is used by Englewood to supply water to \.-1cLellan Reservoir.
C. Englewood owns and operates the City Ditch from Chatfield Reservoir north to
Harvard Gulch blow-off. Denver owns the City Ditch from Harvard Gulch north to its terminus.
Englewood uses City Ditch to convey water for Englewood's use to McLellan Reservoir and
Allen Filter Plant , for storm drainage, and to supply various contract users who divert from City
Ditch south of Harvard Gulch. In the past, Denver has used deliveries from City Ditch to supply
water to parks and contract users below Harvard Gulch (i.e., north of Harvard Gulch). Denver
no longer desires to use that portion of City Ditch which lies south (upstream) from Harvard
Gulch to convey water to locations on City Ditch which are north (downstream) of Harvard
Gulch. However, Denver desires to retain certain rights to take that water which was previously
delivered to Denver at Harvard Gulch to existing and new locations south of Harvard Gulch.
D. Because Englewood will no longer be delivering water to Denver for use north of
Harvard Gulch, the parties have agreed to change the compensation arrangements set forth in the
1995 Agreement. If Denver chooses to take the water which was previously delivered to it at
Harvard Gulch, then Denver will pay for that water on the same basis as a contract user from
City Ditch, as more particularly set forth below .
E. The previous flows of water delivered to Denv er at Harvard Gulch have provided
flushing of intermittent storm drainage intercepted by the City Ditch, and have provided aesthetic
benefits to the citizens of Englewood. In order to assist Englewood in maintaining the use of
City Ditch for the flushing of intermittent storm drainage, and to maintain its aesthetic benefits,
Denver has agreed to make certain payments to Englewood towards the construction of a pump-
back system in a portion of City Ditch.
F. In addition, the parties have agreed to certain other changes to the 1995
Agreement, all as more particularly set forth below.
Therefore, the parties have agreed as follows:
I. HIGH LINE CANAL
1.1 Deliveries to Englewood. Whenever Denver is running water in the High Line at
least as far as the turnout to McLellan Reservoir, Denver shall divert at the High Line diversion
dam not less than 5 cubic feet per second (cfs) and up to 60 cfs of Englewood's water.
Englewood shall determine the amount of its water to be diverted, up to a maximum of 60 cfs.
Denver shall continue to operate the High Line for deliveries to contract users north of McLellan
Reservoir under the 1879 High Line priority.
1.2 Notice. To the extent practical, Denver shall attempt to provide Englewood with
advance notice of the time when Denver will begin running water through the High Line. When
Denver notifies Englewood that water is running in the High Line, Englewood shall give Denver
48 hours advance notice of the amount of its water to be diverted, including rate and duration of
flow. Denver shall make all reasonable and practical efforts to comply with Englewood's
directions concerning commencement time, rate and duration of flow. Denver has the right to
terminate diversions of Englewood's water, so long as all diversions of water into the High Line
are terminated at the same time.
1.3 Measurement and Ditch Loss. Englewood shall bear a ditch loss of 16 percent
(16%) of its water, diverted at the High Line diversion dam, as measured at the gage adjacent to
Platte Canyon Reservoir, for delivery to Mclellan Reservoir whenever water is being delivered
down ditch of the McLellan Reservoir turnout. The deliveries of Englewood's water will be
measured at the gage on Dad Clark Gulch between the High Line and McLellan Reservoir. For
example, if 60 cfs is diverted for Englewood at the diversion dam, 50.4 cfs shall be delivered
through the Dad Clark gage. If water is not being delivered down ditch of the Mclellan
Reservoir turnout, Englewood shall bear actual ditch losses sustained by the High Line from the
diversion dam to the McLellan Reservoir turnout. In the event that any improvements are made
to the High Line which decrease its seepage losses, the amount of ditch loss which Englewood
must bear shall be appropriately reduced .
1.4 Waiver bv Denver of Ditch Losses. Notwithstanding Paragraph 1.3, Denver shall,
to the extent legally permissible, waive the 16% carriage loss when Denver is carrying
Englewood's water in the High Line along with water diverted by the High Line 1879 priority;
provided that, Denver is not prohibited, for reasons beyond its control, from constructing the
improvements proposed in Paragraph 2.1.2. Englewood shall continue to bear the 16% carriage
loss whenever Denver is not diverting under the 1879 High Line priority (i.e., the Antero
Contract Run), or the actual loss whenever no water is being delivered down ditch of the
2
McLellan Reservoir turnout. Whenever the 16% carriage loss is waived, Denver's maximum
diversion and delivery rate for Englewood shall he reduced from 60 cfs to 50 cfs.
1.5 Water Quality. Denv er makes no warranty as to the quality of the water delivered
to Englewood, and Englewood will accept same "as is."
1.6 Maintenance Responsibility. Denver shall operate and maintain the High Line for
delivery of Englewood's water to McLellan Reservoir. Englewood shall pay a proportionate
share of operation and maintenance costs as described in Paragraph 1. 7. Englewood shall
maintain the present measuring flume at the McLellan Reservoir turnout, at Englewood's sole
expense.
1.6 . l Shut-off of Deliveries. Denver shall perform any maintenance work
requiring either a complete or partial shut-off of deliveries in the High Line with the utmost
expediency to minimize water losses. Except in emergency situations , Denver shall notify
Englewood of all complete or partial shutoff at least 48 hours in advance whenever water is
being delivered to McLellan Reservoir.
1.6 .2 Annual In s pection. Upon mutual agreement , representatives of
Englewood and Denver may perform annual joint inspections of the High Line to determine
maintenance work required to continue to deli v er the rates of flow set forth above . The
inspection of the High Line will be limited to the reach between the South Platte River diversion
dam and the Mclellan Reservo ir turnout. The annual inspection shall be made so that all
required maintenance work will be completed, to the extent practical , prior to April l.
1. 7 Englewood's Share of High Line Expenses. Englewood shall pay a proportional
share of the Board's annual High Line administration, operation and maintenance expenses
(including depreciation) on that portion of the canal from and including the High Line diversion
dam to Mclellan Reservoir (a distance of 16 miles , more or less ). Denver will not charge
Englewood for High Line capital costs , defined as the construction of new physical structures or
improvements to existing structures that will have a useful life of five years or more (except for
depreciation which shall be included in operation and maintenance expenses and calculated
under generall y accepted accounting procedures consistently applied). Englewood's proportional
share of those costs shall be based on the ratio of the volume of water diverted for Englewood at
the High Line diversion dam to the total amount of water diverted by the High Line from the
South Platte River.
1. 7 .1 Calculation. The computation of Englewood's share of costs shall be in
accordance with the following formula:
CE= (16 /63.6) x CH x (QE /QH).
• Where :
16 Length of the High Line in miles from the High Line diversion
dam to the turnout for Mclellan Reservoir on Dad Clark Gulch.
3
63.6 = Length of High Line in miles from High Line diversion dam to its
terminus at the Rocky Mountain Arsenal turnout. This distance may change in the future
depending on Denver's operations.
QH = Total annual High Line diversion, in acre-feet as measured at the
gage adjacent to Platte Canyon Reservoir.
QE = Total annual amount of Englewood water diverted or delivered
into the High Line, in acre-feet, as measured at the gage adjacent to Platte Canyon Reservoir.
CH = Denver's total annual costs for administration, operation and
maintenance of the High Line (based upon actual miles operated by Denver).
CE = Englewood's proportional share of annual High Line costs .
II. CITY DITCH
2.1 Deliveries to Denver.
2.1.1 Previous Deliverv to Denver at Harvard Gulch Shall Not Be Made. Under
the 1995 Agreement, during the period of April 1 through October 31 , inclusive, Englewood was
required to deliver to Denver through the City Ditch at Denver's request up to 13 cfs of water at
Harvard Gulch (measured at the Washington Park flume). Those deliveries shall no longer be
made.
2.1.2 Ootion to Take Former Deliveries at New Locations. Denver may require
Englewood to deliver, through the City Ditch, any portion of the 13 cfs formerly deliverable at
Harvard Gulch to any existing or future contract user 's delivery structure or structures south of
Harvard Gulch for irrigation of parks, open space, and golf courses of Denver or its customers.
Such deliveries shall be in addition to the deliveries which Englewood is already required to
make to existing contract users south of Harvard Gulch. Such deliveries shall be made only
during the period April 1 through October 31 . If Denver wishes to utilize new delivery
structures south of Harvard Gulch, Denver shall pay to Englewood the full cost of the
construction of the new delivery structures, whereupon delivery shall be made at the new
delivery structures. The cost of construction shall include any temporary improvements to the
City Ditch which are necessary to maintain the existing capacity of 25 cfs to the Allen Treatment
plant while construction of the improvements necessary for the delivery of all or part of Denver's
13 cfs to new locations is taking place. If a new delivery structure is to be built south of highway
C-470, it must be designed so that it would not conflict with an enlargement of the flume over
Marcy Gulch or an enlargement of the passageway under Highway C-470, and must be built
downstream from the stilling basin. Englewood shall perform the construction during periods
when no interruption of flow will be necessary.
Denver's option to require the delivery of 13 cfs shall be exercised by written
notice to Englewood, specifying the delivery locations. Deliveries from existing delivery
4
structures which do not require modification of City Ditch shall commence within twenty days
after delivery of notice, or at the commencement of the delivery season, whichever is later.
Deliveries which require modifications to City Ditch or the delivery structures shall be made as
soon as the modifications can be reasonably completed, or at the commencement of the delivery
season, whichever is later.
2.1.3 Interruption of Deliveries. In "emergency situations," Englewood may
temporarily reduce or eliminate the deliveries of 13 cfs to Denver pursuant to Paragraph 2.1.2 , so
as to increase the flow in City Ditch available for diversion into Englewood's Allen Filter plant.
An "emergency situation" is defined as a casualty, such as an accident, mechanical breakdown,
burst pipe, flood, presence of a harmful pollutant which is a threat to the health and safety of
Englewood's residents, earthquake, fire or windstorm , which causes Englewood to be unable to
make full use of its points of di v ersion from the South Platte River or Bear Creek, other than
City Ditch. In the event of an interruption due to an emergency situation, Englewood shall take
all reasonable and practical actions to enable it promptly to resume full deliveries to Denver.
2.1.4 Interruption for Maintenance. If Denver or other City Ditch contract users
are taking water under this agre ement , then Englewood shall perform an y maintenance work
requiring either a complete or partial shut-off of de liv eries in City Ditch with the utmost
expediency to minimize water losses . Englewood shall, except in emergenc y situations, notify
Denver of all complete or partial shutoff at least 48 hours in adv ance .
2 .1.5 W ater Qualitv . Englewood makes no warranty as to the quality of the
water delivered to Denver under this agreement , and Denv er will accept same "as is."
2 .2 Englewood's Operational Responsibilitv. Englewood shall continue to
operate and maintain City Ditch from the Chatfield Reservoir outlet works to the Harvard Gulch
blow-off; provided, howev er, that Englewood may terminate such operation and maintenance as
set forth below. Englewood shall provide water to meet Denver's delivery obligations to the
present and future contract users on City Ditch south of Harvard Gulch, but such deliveries shall
not be in excess of the contract rights to water which may be diverted under Denver's City Ditch
priori ties.
2.2 .1 Carriage Losses. Englewood shall maintain and operate City Ditch in
such a manner that carriage losses for deli very of water to existing contract users and Englewood
does not exceed one cfs . If Denver chooses to take deli v ery of its 13cfs south of Harvard Gulch,
as provided in Paragraph 2.1.2 , then the allowable carriage losses shall be reasonably increased.
Carriage losses shall be provided from water diverted on Denver's City Ditch priorities. If
improvements are made to City Ditch which materially reduce carriage losses, then Englewood
shall not divert the amount of the reduction from Denver 's City Ditch priorities.
2 .2.2 Englewood 's Right to Close Citv Ditch. At Englewood's election,
Englewood may close City Ditch at any point north of the point of diversion of the northernmost
then-existing contract user, or the point of diversion then being used by Denver pursuant to
Paragraph 2.1.2 , whichever is the more northerly. Provided, however, that Englewood shall give
written notice to Denver at least 90 days prior to any such closure. During that 90 day period,
5
Denver may give notice that it wishes to commence diversions under Paragraph 2.1.2 at a
particular location within the area to be closed, in which event City Ditch shall not be closed
southerly of the point where Denver wishes to make diversions, so long as Denver continues
regularly to make those diversions.
Furthermore, during the 90 day period Denver may advise Englewood that it
wishes to resume deliveries to Harvard Gulch, in which event the parties may, by mutual
agreement, recommence those deliveries. Englewood shall have no obligation to recommence
such deliveries. Englewood may require payments for such deliveries to be calculated in the
same manner as Denver's payments for deliveries from City Ditch were calculated under the
1995 Agreement.
2.2.3 Littleton Cemetery. Englewood accepts full responsibility for
performance of Denver's obligations under that certain agreement between Denver and the
Littleton Cemetery Association dated May 13, 1933, attached hereto and marked "Exhibit B", so
as to relieve Denver of any liability with respect thereto. Denver has assigned all its rights and
obligations under that agreement to Englewood.
2.2.4 Maintenance of Harvard Gulch Blowoff. Englewood shall maintain and
operate the Harvard Gulch blowoff at Englewood's expense. and may alter the blowoff structure
for the installation of measuring devices. Denver will provide access through its streets and
parks to facilitate such maintenance and the installation of measuring devices. Englewood will
repair and restore any streets or parks damaged thereby to Denver's reasonable specifications.
2.3 Denver's Operational Responsibilitv. Denver shall continue to operate and
maintain City Ditch north of the Harvard Gulch blowoff only to the extent Denver determines, at
Denver's sole expense. (Denver shall have no obligation to Englewood to operate or maintain
City Ditch north of the Harvard Gulch blowoff). Denver shall be solely responsible for
supplying all contract users who have rights to divert from City Ditch north of Harvard Gulch. If
such contract users are to be supplied from City Ditch, then such contract users shall be supplied
by water introduced into City Ditch north of Harvard Gulch, which shall not be carried through
any part of City Ditch south of Harvard Gulch, prior to its introduction into City Ditch.
Englewood shall have no responsibility for operation or maintenance of City Ditch north of the
Harvard Gulch blowoff.
2.4 Fees Charged to Contract Users and to Denver. Englewood will be responsible
for charging fees to existing and future contract users, including users who take delivery of water
pursuant to paragraph 2.1.2., who divert south of Harvard Gulch. Englewood's responsibility
shall include establishing fees, billing, and receiving and retaining payments. Englewood will
maintain normal business facilities and records for such collections, and annually advise Denver
of payment or non-payment.
• In the event that Denver or its future contract users choose to take water under Paragraph
2.1.2, then Denver or its designated user of water from the City Ditch by contract will be charged
a fee calculated on the same basis as an existing contract user entitled to water. Invoices shall be
payable in full 30 days from date of invoice. If delivery is made to Denver, then Englewood
6
shall have the right to enforce payment, together with statutory interest and attorneys fees
incurred on account of delinquent payments; but failure to pay by Denver shall not result in any
sort ofreversion of Denver's City Ditch rights.
Denver will set fees, bill, receive and retain payment from contract users who divert from
City Ditch north of Harvard Gulch.
2.5 Right of Reversion or Acquisition. Denver retains the right of reversion as to any
contractual right for which an annual service charge is not paid by May 21 of any year. Denver
also retains the right to acquire any contractual right in the City Ditch. Except as to those
contracts that take water north of Harvard Gulch, any such reversion or acquisition shall increase
the amount of water which Englewood may be obligated to deliver to Denver pursuant to
Paragraph 2.1.2; provided that, Denver pays for delivery of such water as provided in Paragraph
2.4; and provided further, Denver is responsible for any improvements to the City Ditch required
to convey such water north of the turnout of the contract users which Denver acquires by
purchase or reversion. If Denver acquires contract inches which now divert south of Allen Filter
Plant for delivery north of the filter plant, then Denver will make such improvements , if
necessary, to prevent the diminution of the existing capacity (25cfs) to the Allen Filter Plant.
2.6 Denver's Share of City Ditch Expenses. After 2001, Denver shall no longer pay a
share of the expenses of operating and maintaining City Ditch south of Harvard Gulch, except
pursuant to Paragraph 2.4.
2. 7 Water Rights. Englewood will divert on Denver's City Ditch priorities in order to
obtain the amount of water necessary for the deliveries to Denver and to the contract users other
than Englewood. Englewood will divert on its own contract rights for 3.21 cfs. Denver shall not
contest Englewood's claim of ownership by contract or otherwise to divert up to 3.21 cfs under
the senior priority of 30 cfs decreed to City.Ditch with an appropriation and priority date of
November 28, 1860, as evidenced by decree of the District Court of Douglas County,
adjudicating water rights in former Water District 8, entered on December 10, 1883. Englewood
has the reversionary right as the co-carrier only to its City Ditch contracts up to 3.21 cfs. Denver
does not warrant title to or the legal or physical availability of the 3.21 cfs claimed by
Englewood.
2 .8 Use of Impaired Capacity. To whatever extent the carrying capacity of the ditch
is impaired for reasons beyond the control of Englewood, then the delivery capacity below the
obstruction shall be allocated first to carriage of Englewood's 3.21 cfs. Englewood shall take all
reasonable and practical actions to enable it promptly to resume full deliveries.
2.9 Use of Citv Ditch Excess Capacity. If Englewood determines the City Ditch has
excess capacity, then Englewood will deliver Denver's remaining City Ditch entitlement beyond
the 13 cfs pursuant to paragraph 2 .1.2; provided that, such deliveries do not interfere with
Englewood's prior obligations or interfere with its (or its lessee's) present or future use of the
City Ditch. '
2.10 Storm Drainage into City Ditch. Water in excess of the needs of the users from
the City Ditch ("excess water") will be dumped as follows: All excess water introduced or
7
collected in City Ditch south of the turnout into Little Dry Creek will be dumped into Little Dry
Creek. Excess water introduced or collected in City Ditch north of the turnout into Little Dry
Creek will be dumped at the Harvard Gulch blow-off into the storm drainage system.
III. MISCELLANEOUS PROVISIONS
3.1 Calculation of the Amount of Expenses Incurred with Respect to High Line.
Denver's expenses hereunder shall consist of direct labor, materials, equipment, vehicles, and
overhead (administration, tools, benefits and leaves) necessary to perform the activities under
this Agreement. Denver shall keep reasonable and consistent records of its hours of direct labor
and supervision, material costs, fringe benefits and other payroll levies and equipment usage
upon which its costs are based and the methodology used to calculate such charges. Such
records shall be kept for at least three calendar years beyond the calendar year during which they
were incurred, and shall be available for inspection by Englewood during all reasonable business
hours. Denver's documents which show the method of calculation of costs shall be similarly
available for inspection.
3 .2 Denver's Citv Ditch Water Rights. Nothing herein shall be construed to affect
Denver's ownership of its City Ditch Water Rights (except as provided in Paragraph 2. 7).
3.3 Recirculation Svstem. Denver will reimburse Englewood up to $257 ,000, which
is the entire estimated cost for designing and constructing a recirculation system for the open
section of City Ditch between 350 East Cornell and 2 7 50 South Clarkson. Reimbursement for
construction will be made upon completion of the system and submission of Englewood's
standard In-house Work Cost Sheet. The labor rates shown on the Work Cost Sheet will be
increased by 32 percent to reflect employee benefits. A sum equal to 15 percent of total costs
(except for design and construction management) will be added for design and construction
management. Denver shall have the right to review all of Englewood's documentation
concerning design, construction and cost of the project. Englewood is solely responsible for
operation, maintenance and costs of the Recirculation System.
3.4 Previous Agreements. This Agreement supersedes the Agreement of February 6,
1970, and any amendments thereto, as well as the 1995 Agreement.
3.5 Colorado Law. This Agreement shall be construed under Colorado law .
3.6 Integration. This Agreement constitutes the entire agreement between the parties.
It supersedes any prior agreements or understandings between the parties.
3. 7 Successors. The rights of each party to receive deliveries shall be binding upon
the successor.
3 .8 • Pavment. Charges to Englewood with respect to the High Line Canal for
administration, operation and maintenance expenses incurred during each calendar year shall be
billed on or before March 1, of the succeeding year and payment shall be due within thirty (30)
days of receipt of billing.
8
3 .9 Charter Provisions. This Agreement is made under and conformable to provisions
of Article X of the Charter of the City and County of Denver and the provisions of the Charter of
the City of Englewood. Insofar as applicable, said Charter provisions are incorporated herein
and made a part hereof by this reference, and shall supersede any apparently conflicting
provisions otherwise contained in this Agreement.
3 .10 Term of Agreement. This Agreement shall be perpetual.
3 .11 Effective Date. This Agreement shall be effective as of ______ _
2003.
ATTEST:
Secretary
APPROVED:
Planning Division
APPROVED :
Legal Division
ATTEST :
City Clerk
CITY AND COUNTY OF DENVER
acting by and through its
BOARD OF WAT ER COMMISSIONERS
By: _______________ _
President
REGISTERED Ai'ID COUNTERSIGNED
Dennis J. Gallagher, Auditor
CITY OF ENGLEWOOD, COLORADO
By: -----------------
Mayor
9
..
Date
November 17, 2003
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
Pumping Units for Water
Wells UA-5 and A-M 1
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The original well at Mclellan Reservoir was constructed in 1992. On March 17, 2003 Council
approved the bid from Henkle Drilling to drill two additional wells, LA-5 and A-M1 -at the
Englewood Golf Course and the Mclellan Reservoir, respectively.
RECOMMENDED ACTION
The Water and Sewer Board, at their November 12, 2003 meeting, recommended Council
approval of the bid from Am West in the amount of $130, 177.00 for the pumping units for LA-5
and A-M1 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Two wells were drilled to supplement Englewood's surface water sources during drought
conditions. One was drilled into the Lower Arapahoe Aquifer (LA-5) (Englewood Golf Course)
and one was drilled into the Arapahoe Aquifer (A-M1) (Mclellan Reservoir). The golf course
well will supply raw water for the Allen Filter Plant and the Englewood Golf Course. The
Mclellan well will discharge raw water directly into Mclellan Reservoir.
The drilling was the first phase of t he project , to be followed by the purchase and installation of
the pumping unit, transformers, electrical controls, meter vaults and valving. The proposed
system will include all necessary equipment and labor for installing the pumping unit
equipment up to the discharge from the meter vaults. City staff will be installing the water
mains and inter-connects to the existing City facilities at the golf course well.
FINANCIAL IMPACT
Requests for Bid were sent to three vendors for the pumping units for Water Wells UA-5 and
A-M1.
A bid opening was held on October 30, 2003. The following responses were received:
Am West, Inc .
Layne Western
$138,449.00
$130, 177.00
FINANCIAL IMPACT
AmWest, Inc. is the recommended low, acceptable bidder at $138,449.00. The Utilities
Department budgeted $500,000 in the 2003 Budget for this project. Funds are available from
the Water Fund. Martin & Wood Engineers has reviewed and approved the recommended
acceptable bidder.
LIST OF ATTACHMENTS
Ordinance
Bids from Sun Valley and Lane Pump
. '
''
City of Englewood Bid Tabulation Sheet
Bid Opening Date: October 30, 2003 10:00 a.m.
ITEM BID: Water wells UA-5 & A-M1
Vendor
Layne Western
1780 E 22nd Ave
Aurora, Co 303-755-1281
Am West, Inc.
10301 E 107th Pl
Brighton, Co 303-289-3281
Sun Valley Electric Inc.
PObox382
Kiowa, Co 303-646-6339
Water well Water well
UA-5 lump A-M1 lump
sum sum
$ 63,307 .00 $ 75 ,142.00
$ 54,785.00 $ 75,392 .00
Total
$ 138,449.00
$ 130,177.00
$ -
Bid Bol)d Exceptions :
Yes Allen Bradley VFD and Air Conditioning
Ye s Allen Bradley VFD and Air Conditioning
" ..
il/04/2003 TUE 11:28 FAX 3035262624 Martin & Wood Water ~~~Englewood Utilities
City Of Englewood
Deep Wells UA-S and A-Ml
Bid Comparisons for Vaults and Pumpiag Eqaipment
November 2, 2003
Martin and Wood Water Consultants, Inc.
ProjectN~ 159.12
General:
Two bids received; Layne-Western and Am West
Layne-. Western Well UA-5 :
Layne-Western Well A-Ml:
AmWest Well UA-5
Am West Well A-Ml
Total Bid
Total Bid
$63,605
$75,142
$138,449
$54,785
$75,390
$130,175
AmWest is apparent low bidder; bid delta= $8,274
Both Bids were received prior to the time deadline.
Both Contractors provided the required bid bonds.
Both Contractors acknowledged receipt of Addendum No. 1
141002 /006
Am West included proof of licensing as required by the Project Manual; Layne-Western did not,
although it is known that they do hold a pump installation license. Neither Contractor provided the
synopsis of experience or Statement of Qualifications as required by the Project Manual.
Am.West noted the fullowing exceptions:
1. The meter flow line in both instaDations was reduced to 3"
2. The Project Manual indicated work must be substantially complete by the end of 2003;
Am.West. indicated that the lead time on vaults and VFD units would approach 4-5 weeks
and so could not guarantee substantial completion by the end of 2003.
3. Service transformer at A-Ml to be provided by others
Layne-Western noted the following exceptions:
1. No inclusion of''Excell costs"; it is unclear what this entails
,11 /04/2003 TUE 11:29 FAX 3035262624 Martin & Wood Water ~~~ Englewood Utilities ~UU3/UUD
Itemized Comparisons
WellUA-5
1. Pump/motor
2. DropPipe
3. Pump Intake setting
4. Check Valve
5. Pitless Unit
6. Airlines
7. PVC monitoring pipe
8. Motor Cable
9. Motor Shroud
10. Downhole Transducer
11. Pump Panel
12. Drive Unit
13. Vault
14. Hatch
15. Flow Line Size
16. Meter
Lavne-Westel'D
Goulds 10 Hp 55 ~ 460 V
55GS100
2"
not specified
2" steel
Baker 10"
2
PVC tube (siz.e not indicated)
10/3
4"
included; no manufucturer listed
460V 7-1/2 to 10 Hp
Allen Bradley VFD
6'xl2'x7'
3611x36 11 Aluminum Pedestrian
Rated CH-4 AL
4"
4" Danfoss w/integral dispJay
17. Other Vault Equipment air relief
Drain
Rossum tester
0-200 psi Pressure gage
Commercial vent Assembly
Zoeller M35 Electrical sump
Pump
Adjustable pipe supports
Couplings and flanges specified
Amwest
Grundfos w/15 Hp Hitachi 50
gpm,460V
2" A53B sch. 40 steel
515'
2" Flowmatic CI
Mass 211 w/10" Baker well seal
2
l 11 sch. 40 PVC
#8 A WG flat PVC jacket 3-wire
8"PVC.
Dynotek w/500 psi probe end
w/readout
NEMA 4 enclosure
AllenBradley20Hp 13361-
BFR200-AF EN ID2 L6-LA4
Includes AC Unit, output filtering
8'x6'x7'
Bellco Hatch, no further data
3"
Hydro-Flow Model 2200 Fixed
Insertion Vortex w/display; Spec
sheet included
"Includes check valve and
Pressure relief valve in addition
To the specified equipment"; no
further detail presented;
"Detailed drawings of piping
schematics for approval upon a
notice of award of contract"
.11 /04 /2003 TUE 11 :29 FAX 3035262624 Martin & Wood Water ~~~ Englewood Utilities la! 004 /006
WeBA-Ml
1. Pwnp/motor
2. DropPipe
3. Pump Intake setting
4. Check Valve
5. Pitless Unit
6. Airlines
7. PVC monitoring pipe
8. Motor Cable
9. Motor Shroud
10. Downhole Tramducer
11. Pump Panel
12. Drive Unit
13. Vauh
14. Hatch
15. Flow Line Siz.e
16. Meter
Layne-Westem
Goulds 10 Hp 55 gpm, 460 V
55GSIOO*
Note: the Layne-Western pump
Proposed for A-Ml appears to be
In error as it is the same size as
That specified for UA-5
3"
not specified
311 steel
Baker 10"
2
PVC tube (size not indicated)
10/3* (see comment about pump)
4"
included; no manufdcturer listed
460V 7-112 to 10 Hp*
Allen Bradley VFD
6'x12'x7'
36"x36" Aluminum Pedestrian
Rated CH-4 AL
4"
4" Danfoss wfmtegral display
17. Other Vault Equipment air relief
Drain
Rossum tester
0-200 psi Pressure gage
Conmercial vent Assembly
Zoeller M35 Electrical sump
Pump
Adjustable pipe supports
Couplings and flanges specified
Am west
Grundfos w/30 Hp Hitachi 120
gpm, 460V
3" A53B sch. 40 steel
738'
3" Flowmatic CI
Mass 2" w/1 O" Baker well
seal**
2
111 sch. 40 PVC
#4 A WG flat PVC jacket 3-wire
1" steel
Dynotek w/500 psi probe end
w/readout
NEMA 4 enclosure
Allen Bradley 40Hp 13361-
BX040200-AF EN HJ2 L6-LA4
Includes AC Unit, output filtering
8'x6'x7'
Bellco Hatch, no further data
3"
Hydro-Flow Model 2200 Fixed
Insertion Vortex w/display; Spec
sheet included
"Includes check valve and
Pressure relief valve in addition
To the specified equipment"; no
further detail presented;
"Detailed drawings of piping
schematics for approval upon a
notice of award of contract"
* It is assumed that Layne-Western indicated pump information for UA-5 unit by mistake (see a1so
cable and controller spec.
•• It is 8S§Wiled that the 2" p~ indicated is in error and should be 3"
"11 /04 /2003 TUE 11:29 FAX 3035262624 Martin & Wood Water ~~~ Englewood Utilities @005 /006
Additional Information:
Layne-Western includes detailed drawings of the proposed vaults. Am West includes detailed
spec sheets on the Allen Bradley VFD units and the fiow meters; additional data presented by Am West
includes complete pmnp curves and full pump specs and dimensions.
In terms of the equipment specified by each contractor, the pumps/motor combinations are both
quality equipment. It is assumed that the pipe and check valves would be more or less equivalent A
number of items in the Layne-Western bid did not have manufilcturer's specified so it is not poSSiole to
compare with the AmWest equipment . Both bidders would be unlizing the same VFD's as per the
Project Manual and some of the in-vault equipment such as the Rossum sand tester is available only from
one manufacturer and so would be equivalent. In summary, based on the information provided, and
noting that Am West has given considerably more detailed information on all but some of the in-vault
equipment, it is concluded that both bidders would be providing high quality equipment in general.
Other:
Am West provides options for Benshaw VFD's in place of Allen Bradley with indicated savings.
Am West provides an alternate that would utilize the existing vault for the A-Ml meter line with indicated
savings. Layne-Western offered no alternatives.
Conclusion and Recommendation:
Neither of the two bids received included all of the infurmation as required by the Project
ManuaJ, however, Am West provided the greatest amount of detail on the downhole equipment and the
controllers, but will submit vault detail only upon award of contract. Layne-Western provided the
greatest detail on the proposed vauhs, but had more limited detail on the downhole equipment and the
controllers. The information submitted by Layne-Western .for the AM-1 installation appears to have
errors in it regarding the pump/motor specified and the motor cable. Neither Contractor presented any
warranty information relating to the Jabor and larger components. Am West did provide information on
the manu&cturers ' warranty for the flowmeiers . Am West changed the meter line diameter to 3-inches
and it is assumed that this bas contnouted somewhat to the lower cost of their bid. Layne-Western
indicated in a follow-up phone call that their bid would also be slightly lower if they bad incorporated
smaller meter lines rather than the 4-inch that was called out in the Project Manual While noting this,
it is also noted that Layne-Western could also have proposed smaller diameter meter lines if they had
determined the 4-inch to be potentially problematic. Finally, we note the some of the infurmation
submitted by Am West, such as pump curves and equipment warranties, were not actually required at the
time of bid submittal. Rather, they are to be submitted by the successful bidder fullowing the award of
the Contract. Accordingly, we have not placed any significant weight on the inclusion or Jack thereof of
such information on the ultimate choice of contractor to be awarded this contract.
As a follow-up, I received an e-mail on November 3 from Mr. Mark Scharenbroich of Layne-Western
requesting again that Layne have an opportunity to revise their bid with respect to the meter line sizing.
.11 1 04 /2003 TUE 11 : 30 FAX 3035262624 Martin & Wood Water ->-+-+ Englewood Utilities !al 006 /006
Mark indicated that the change wouJd impact the price not only due to the smaller si7.e meter line but also
due to potentially being able to use a smaller vault If l..ayn&>-Western were allowed to re-submit a bid,
the only truly &ir way to proceed would be to have a second bid process for both contractors, as the bid
pricing is now known to both contractors. Discussions with Mr. Bill McCormick c.learly indicated that
a second bid proCC$ is not ieasible for the City in light of the ~ time mctor. Further, it was
discussed that Layne-Western, as did Am West, could have included either an exception for incorporation
of a smaller meter line or offered an alternate reflecting a smaller line and vault.
Based on the level of detail, the correctness of the information presented, the total project cost, and
overall responsiveness to the Project Manualrequiremeuts, it is concluded that the Am West bid provides
the most complete detail required at this point and otlCrs the City the best cost option for completing this
project. It is thus recommended that the Contract be awarded to AmWest.
Submitted November 4, 2003
by:-Phillippe L Martin, C.P.G
Vice PreSident
Martin and Wood Water Consultants, Inc.
ATI. 7
c T y 0 F
October 31, 2003
The Honorable Ben Nighthorse Campbell
380 Russell Senate Office Building
Washington, DC 204510
Att: Brian Feintech
Dear Senator Campbell:
E N G L E w 0 0
Thank you for taking the time on October 2 to meet with repre sentatives of the Awwa Research
foundation concerning the issue of drinking water securi ty, and more specifically, the research
needed to improve the protection of our water distribution systems. I hope that the briefing you
recei ved raised your awareness o f the security issues that are important to the water supp ly
community . It is absolutely essential that we start researching and developing technologies which
will ultimately provide the necessary protection to this vita l infrastructure .
My utility in Englewood is a parti cipant in the research subscription program managed by
AwwaRF that has already investe d nearly $5 million in drinking water security research. But the
challenge of developing the technology to protect our systems far exceeds the resources available
to the water supply community . That is the reason we approach the Department of Homeland
Security in late August to explore whether a research partnership might be possible . We received
little encouragement from the Department with respect to a partnership to further research this
critical need.
Because of the potential vulnerability of water sy stems , I am asking you to open the door to
working with the Department of Homeland Security. I re cognize that this Agency is
overwhelmed with its new responsibilities , but water system security is a vital national issue and
we are prepared to participate in a partnership effort. I ha ve attached a suggested draft
Congressional letter to Secretary Ridge. I ask that you give your most serious consideration to
adding your signature to this letter. A wwaRF will use th is expression of interest from the
Congress to invigorate discussions with officials at the Department of Homeland Security .
Success in this proposed partnership will help ensure that our drinking water supply is more
secure. I appreciate all of the help and encouragement that you are providing with regard to this
issue .
Sincerely,
~L--
Stewart H . Fonda
Director of Utilities
City of Englewood
1000 Englewood Park w ay Englewood, Colorado 8011 O Phone 303-76 2-2300
.............. : .... _,_l .............. ,.J ....... ·-
D
DRAFT -Suggested draft letter from the Members of Congress to Secretary Ridge
The Honorable Tom Ridge
Secretary
Department of Homeland Security
3801 Nebraska Avenue
Washington DC 20393
Dear Secretary Ridge:
We are writing to highlight an issue that has been brought to our nttention and to request your
department's consideration of a proposed approach to a solution. The problem is the potential
vulnerability of water supply systems to malevolent acts. While the industry has done a great
deal to improve the physical security of our system, more research is needed to develop ultimate
safeguards. There are few, if any, safeguards currently available for drinking water in the
distribution system. We have been surprised to learn how easy it would be for terrorists to
compromise the quality of the water in the distribution system and, in turn, create national
uncertainty over the safety of the water supply. Research is absolutely essential to develop
safeguards for this critical component of our infrastructure.
The water supply community, through its research organization, the Awwa Research Foundation
(AwwaRF), is evaluating many aspects of the security issue. The current agenda includes
research on decontamination, communications, vulnerability assessment, and early warning
systems. To date AwwaRF has invested nearly $5 million in this research, but the need far
exceeds the resources of the drinking water community.
We ask that you and your staff give your closest attention to representatives of AwwaRF and the
water supply community to a possible partnership in which the money invested by AwwaRF
would be leveraged by funds from the Department of Homeland Security in a cooperative
research effort. We know that you have many priorities and challenges, but we urge you to
consider the issue of the security of drinking water systems as a matter of serious concern. We
also ask that you explore whether a research partnership with AwwaRF and the water supply
community is a good way to address this issue. Thank you for your consideration .
Sincerely,
Senator Ben Nighthorse Campbeil
Users I j_manwaring I !tr re OHS I 0-20-03