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Home My WebLink About2007-11-13 WSB AGENDA.. WATER& SEWER BOARD AGENDA Tuesday, November 13, 2007 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE OCTOBER 9, 2007 MEETING. (ATT . 1) 2. WATER RIGHTS UPDATE FROM DAVID HILL DATED OCTOBER 9, 2007 . (ATT . 2) 3. TANK REPAIRS TO THE CLARKSON ST . 6-MILLION GALLON RESERVOIR. (ATT. 3) 4. LICENSE AGREEMENT AND ENCROACHMENT FOR SWEDISH MEDICAL CENTER STORM & SNITARY SEWER. (ATT . 4) 5. WATER BOARD CHRISTMAS PARTY -DEC. 11, 2007 AT 5:00 AT THE NORTHWOODS INN. 8109 BLAKELAND DR., LITTLETON, CO 80125 FROM ENGLEWOOD -TAKE SANTA FE SOUTH , CROSSING C-470, GO 1 BLOCK AND TURN RIGHT AT THE DIAMOND SHAMROCK STATION, GO Yi BLOCK. RESTAURANT ON THE RIGHT. · 6. OTHER. WATER AND SEWER BOARD MINUTES October 9, 2007 ATT. I The meeting was called to order at 5:03 p.m. Members present: Burns , Cassidy, Wiggins, Habenicht Members absent: Clark, Moore, Higday, Oakley Phone vote: Clark, Moore , Higday Also present: Stewart Fonda, Director of Utilities 1. MINUTES OF THE AUGUST 14, 2007 MEETING. The Englewood Water and Sewer Board approved the minutes of the meeting of August 14, 2007 meeting. Mr. Wiggins moved; Mr. Habenicht seconded: Ayes : Nays : Members absent: Phone vote: Motion carried. To approve the minutes from the August 14, 2007 meeting. Burns , Cassidy, Wiggins, Habenicht None Clark, Moore, Higday, Oakley Clark, Higday, Moore 2. FLOCCULATION SEDIMENTATION BASIN ACCESS MONORAIL & HOIST. The flocculation sedimentation (floe sed) basin is the beginning of the water treatment process removing solids and organics from the raw water prior to the filtering process. The existing floe sed basin is 21 feet deep without a safe method of accessing the bottom of the chamber for maintenance. Maintenance involves greasing shafts, cleaning and replacing bushings and sprockets, all which require transferring parts , materials and equipment that can weigh up to 100 lbs . Maintenance is currently being done using ladders and ropes , which is difficult because of the floculator panels located at the bottom of the chamber. The proposed monorail system with a hoist and baskets would provide improved access for maintenance on the existing flocculation and sedimentation basins and could handle at least 500 lbs . A bid opening was held on October 11 , 2007. CDM has reviewed the bids received and recommends CDM Constructors Inc . as the recommended low, acceptable bidder at $61 ,355.00. Mr. Burns moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Phone vote: Motion carried. To recommend Council approval of the bid for Flocculation Sedimentation Basin Access Monorail & Hoist to CDM Constructors, Inc. in the amount of $61 ,355 .00 . Burns, Cassidy, Wiggins, Habenicht None Clark, Moore, Higday, Oakley Clark, Higday, Moore 3. PERMIT-CITY DITCH CROSSING AGREEMENT WITH QWEST ON S. SANTA FE DR. The Utilities Department received a Permit for Crossing the City Ditch and a Temporary Construction Easement from Qwest for a telecommunications cable along Santa Fe. Qwest will be crossing the City Ditch with a single 1-1 /4" plastic duct pipe containing fiber cable in close proximity to the existing telecommunications cable. The crossing is at Wolhurst on the northwest comer of Santa Fe and C-4 70 in Littleton. The Temporary Construction Agreement allows for construction of the encased cable to cross the City Ditch within the permit parameters. The permit will allow the encased telecommunications cable to cross 18" to 24" beneath Englewood's 48" City Ditch pipe from Santa Fe Drive to the adjacent properties located west of Santa Fe Drive . Englewood's City Attorney and the Utilities Engineer have reviewed and approved the Permit -City Ditch Crossing Agreement and Temporary License Agreement. Mr. Wiggins moved ; Mr. Bums seconded: Ayes: Nays: Members absent: Phone vote: Motion carried. To recommend Council approval of the Permit -City Ditch Crossing Agreement and Temporary construction Easement for Qwest on s. Santa Fe Dr. Bums, Cassidy, Wiggins, Habenicht None Clark, Moore, Higday, Oakley Clark, Higday, Moore 4 . ENCROACHMENT PERMIT FOR 3501 S. TUFTS AVE. The Utilities Department discovered that a utility shed at 3501 W. Tufts Ave. was encroaching into Englewood 's drainage and utility easement. The shed encroaches approximately 8' x 16' into the existing easement. There is an existing easement agreement dated 1970 that was for drainage only and did not address the sewer main easement. The Encroachment Permit and Indemnity Agreement will address the sewer easement and allow an encroachment for the existing shed located at 3501 W. Tufts Ave. Mr. Habenicht moved ; Mr. Wiggins seconded : Ayes : Nays: Members absent: Phone vote : Motion carried . To approve the Encroachment Permit for the 8 ' x 16' shed in the City's sewer easement at 3501 W . Tufts Ave. Burns, Cassidy, Wiggins, Habenicht None Clark, Moore, Higday, Oakley Clark, Higday, Moore 5. JOINT DEFENSE AGREEMENT WITH AURORA AND NORTHERN COLO . WATER CONSERVANCY DISTRJCT. Englewood's water rights attorney, David Hill of Berg Hill Greenland and Ruscitti , submitted a Joint Defense and Confidentiality Agreement to allow Mr. Hill to work with the City of Aurora and the Northern Colorado Water Conservancy District (NCWCD) on the FRJCO/United litigation. This agreement would allow Englewood, Aurora and the NCWCD to exchange information and share costs and strategy during the FRJCO litigation. With this agreement Englewood does not compromise its water rights in any manner. The agreement grants permission for the parties to work together for this specific litigation only. The FRJCO litigation is a series of cases being filed by FRJCO, East Cherry Creek Valley, Henrylyn and Burlington Ditch and Reservoir and is the largest request in the history of Colorado for water rights changes on the South Platte River. The FRJCO participants have submitted applications trying to change water rights from agricultural to municipal use, alter augmentation plans and change points of diversion. Denver and FRJCO have a 1999 agreement that allows Denver to di v ert out of priority, which would injure Englewood 's water rights . Denver and FRJCO's agreement affects the Burlington call, which means Denver could divert out of priority. Downstream reservoirs would fill slower, affecting Englewood 's McLellan rights. Englewood has previously hired David Hill for the FRJCO litigation to represent Englewood rights and ensure that historical patterns of diversions are protected. Since the FRJCO litigation is requesting to change a great amount of water rights, Englewood wants to insure that the litigation is lawful and in accordance with past decrees. Mr. Bums moved; Mr. Cassidy seconded: Ayes: Nays: Members absent: Phone vote: Motion carried. To recommend Council approval of the Joint Defense Confidentiality Agreement for the FRJCO/United litigation that would allow Englewood, Aurora and the Northern Colo . Water Conservancy District to exchange information and share costs. Bums, Cassidy, Wiggins, Habenicht None Clark, Moore, Higday, Oakley Clark, Higday, Moore 6 . INTERCEPTOR SIPHON VAULT LID REPLACEMENT. Englewood Utilities acquired maintenance of the siphon located at 3120 S. Platte River drive East and 1200 W. Dartmouth Ave. from Southgate in April of2007. The inlet and outlet vault lids that cover the siphon were damaged by wear and are not functioning as designed. The existing lids are allowing sewer gas to vent to the atmosphere causing odor problems in these areas. A bid opening was held October 4, 2007. Tom Brennan, Utilities Engineer, reviewed the bids and recommends Walsh Construction as the lowest, acceptable bidder at $54,000. Mr. Bums moved; Mr. Wiggins seconded: Ayes: To recommend Council approval for construction of two interceptor siphon vault lid replacements to Walsh Construction in the amount of $54,000.00. Bums, Cassidy, Wiggins, Habenicht Nays: None Members absent: Clark, Moore, Higday, Oakley Phone vote : Clark, Higday, Moore Motion carried. 7. VACATION OF TWO UTILITY EASEMENTS AT US HWY. 285 AND SANTA FE (3400 S. PLATTE RNER DRNE). The Utilities Department submitted a vacation of two utility easements to be issued to the Colorado Department of Highways (CDOT) for two existing easements. One is 20' x 10' and the other is an additional triangular easement that is approximately 106' x 1 O', located at S . Santa Fe Drive and U.S. Highway 285. The City originally obtained these easements April 11, 1067 via a Bill of Sale from South Arapahoe Sanitation District. The sewer that existed in these easements was abandoned two years ago and the main relocated. Englewood's easements cross the future entrance of The Park at Sheridan. CDOT is the owner of the property in the easements. CDOT will retain ownership but the developer of The Park at Sheridan can landscape the area and use for access. The Utilities Engineer determined that Englewood's easements serve no purpose for the City and should be vacated for the proposed development. Mr. Habenicht moved; Mr. Cassidy seconded: Ayes: Nays: Members absent: Phone vote: Motion carried. To recommend Council approval of the vacation of two utility easements located at 3400 S. Platte River Drive. Bums, Cassidy, Wiggins, Habenicht None Clark, Moore, Higday, Oakley Clark, Higday, Moore ' . 8. WATER RIGHTS UPDATE. The Board received water rights updates dated August 10, 2007 and September 12, 2007 from David Hill, Englewood's Water Attorney. Stu discussed developments in the FRICO case. 9. ARTICLES. The Board received the following articles: "Vast tinderbox threatens Colorado's watersheds," from E-MainStream dated September 25, 2007. The article discusses how the wildfire season could ravage drinking water infrastructure and protecting watersheds. "Climate change requires a new law on the river," from E-MainStream dated September 25, 2007. The article discusses how record-low water levels at Lake Mead reflect the impact of climate changes on the Colorado River. There is a preliminary plan being discussed to establish long-term criteria to manage releases from Lake Mead, Lake Powell and the Colorado River. "Water parley makes history," from the Rocky Mountain News dated September 27, 2007. The article discusses the feasibility of a $4 billion, 227-mile pipeline being proposed to carry 300,000 acre feet of water annually from the Yampa River to the Front Range. "Sticker shock: $1 billion for water," from the Rocky Mountain News dated September 26, 2007. The article discusses south metro counties reviewing water supply options, including water-recycling plans and pipelines to transfer water from farming communities. "From conflict to oasis," from The Denver Post dated September 22, 2007. The article discusses the condemnation of the Kiewit gravel pit at C-470 and Platte Canyon Road for the South Platte Reservoir. 10. OLGA WOLOSYN 1953 -2007. It was with deep regret that Stu Fonda announced that Englewood's mayor and fellow Water Board member died of a brain aneurysm Thursday, September 27, 2007. A memorial service will be held Friday, September 28 at 10:00 a.m. at St. Louis Church in Englewood. The next Water and Sewer Board meeting will be Tuesday, November 13, 2007 at 5 :00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary Daniel L. Brotzman October 9, 2007 Page 2 FRICO , Burlington and Henrylyn have hugely over-diverted for many generations at the Burlington headgate, which is below Englewood and above Sand Creek. Those water rights are being changed from agricultural to municipal, for use by East Cherry Creek and United Water and Sanitation District. It is important that the over-diversions not be continued by the new municipal owners, or continued by the remaining agricultural users. The over-diversions injure Englewood in a number of ways . The extent of the injuries is still being analyzed by Englewood's engineers . The causes of the injuries, however, are clear enough. First, the over-diversions at the Burlington headgate cause senior downstream rights to be shorted , and then to call out upstream rights, including Englewood rights . The resulting calls can be relatively senior. Second , in order to provide water for their unlawfully expanded use, the Burlington rights place more prolonged calls which call out Englewood's junior rights. Third, the cases ask for additional points of diversion, both downstream and upstream from the present point. The new downstream point would be below the inflows from Sand Creek, Clear Creek and Metro Sewer, where there is far more water in the river than at the Burlington headgate. The new upstream headgate will be built so as to take more water than the present headgate. Unless constrained, the new head gates will allow the diversion of substantially more water during the direct flow season than was historically the case , thus exacerbating downstream calls from shorted seniors and potentially allowing more calls from the Burlington rights, to fill the new capacity. Thus far, the Applicants have objected to measurable constraints on the amounts taken at the new headgates. Fourth, the 1999 Agreement with Denver slows the filling of the FRICO, Burlington and Henrylyn reservoirs during the spring runoff period (and the winter-time hiatus when winter fill is reached), thus prolonging calls against Englewood rights during spring runoff and the winter hiatus. Fifth, the increase in Denver's gross diversions allowed by the 1999 Agreement cause increased depletions (i .e., unreplaced evaporation and other losses) perhaps in the neighborhood of250 acre feet, which again result in increased downstream call. Our efforts in the case during September were ~pread over a number of areas. First, Denver sent us interrogatories which essentially required a legal brief as an answer, as well as factual infonnation. The interrogatories had to be answered with great care, consultations with our engineers were required, and Joe Pershin (who signed the answers) had to be briefed on the various issues. Second, three new opposers have asked to become active in the case along with Englewood and Aurora . These include Public Service Company, Northern Colorado Water Conservancy District, Central Colorado Water Conservancy District and possibly Greeley. Joint defense agreements have been prepared and circulated so that information may confidentially be exchanged with the new parties, and meetings have been held with them to outline the issues and to try to assign engineering tasks. Unfortunately, as to one of the many issues, Aurora will no longer strongly participate, because it is on the "wrong side" of the issue with respect to some ditch company shares which it has recently purchased. Aurora will continue to participate on the other issues . Daniel L. Brotzman October 9, 2007 Page 3 Third , we prepared interrogatories to Denver and FRICO asking them to set forth the legal and factual issues for their positions. These inquiries had to be prepared with considerable care , to avoid possible evasive answers. Fourth, there were negotiations with the State Engineer's counsel toward settlement of the State Engineer's "Written Instructions" which could be read to validate the 1999 Agreement. The State Engineer's counsel appears willing to enter into an agreement which removes that possibility, but has been reluctant to agree to all the necessary language . Drafts are being passed back and forth. Fifth , we have done legal research on the unlawful expansions , in preparation for filing summary judgment motions . Sixth, we have had to engage in extensive negotiations with Denver over their costs to convert their diversion records to electronic form so they can be provided to our engineers. The records are being converted by Denver in any event, and at first Denver wanted Englewood to pay the costs which Denver had already undertaken. After considerable negotiations , Denver has agreed to provide the records for a very reasonable sum. Other matters at this time are minor, which is quite fortunate. The changes of senior rights from Brighton downstream are all in a relatively donnant period, which requires little work , and efforts on Englewood 's conditional rights have been minor. The remainder of the cases are described below. 1. General (#001): This matter is our general file for work not attributable to specific cases. In some instances, the work is not specific to a particular matter. In other instances , the time spent on any individual matter is not large enough to justify a separate bill, but the time on the group of matters is significant. This includes charges relate? to general calendaring, reviewing various daily incoming pleadings and correspondence, overall case management and other activities that are not case specific. It usually includes preparation of many statements of opposition. 2. Colorado Division of Wildlife (90CW123) (#215): Applicant seeks 75 acre-feet of storage in Chatfield Reservoir for fish , wildlife and maintenance of storage reserve. It also seeks augmentation and exchange rights for replacement of depletions the Chatfield Fish Unit. Englewood entered this case because of its location and because it relates to the fish hatchery. We prepared for and participated in a Referee status conference. 3. Town of Castle Rock (92CW144) (#296): This case involves new water rights at Denver's Strontia Springs Dam upstream from Englewood's Union Avenue Intake and extension of a decreed augmentation plan. Englewood needs to make sure the proper accounting and priority date are used in the new water rights and to monitor the augmentation plan. We reviewed a notice of change of firm affiliation and address for Ronni Sperling. COUNCIL COMMUNICATION Date Agenda Item December 3, 2007 It TT. 3 Subject License Agreement and Encroachment for Swedish Medical Center Storm Sewer and Sanitary Sewer INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance dated March 19, 2001 -Swedish City Ditch Encroachment Permit and Grant of City Ditch Crossing License Agreement for Overhang over City Ditch. Ordinance dated March 19, 2007 for a City Ditch License Agreement for curb, gutter and asphalt/concrete driveway over the City Ditch at Swedish Medical Center. RECOMMENDED ACTION The Water and Sewer Board, at their November 13, 2007 meeting, recommended Council approval, by Ordinance, of the City Ditch License Agreement and City Ditch Encroachment Permit for installing a storm sewer and sanitary sewer at the Swedish Medical Center. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Swedish Medical Center submitted a License Agreement and Encroachment Permit to install and realign a storm and sanitary sewer. The Encroachment Permit is to enable the contractor to encroach into the City Ditch right-of-way to realign and install the storm and sanitary sewer lines. The License Agreement will allow the installation. The location of the construction site is the area of the front entrance turn-around at Swedish Medical Center off East Hampden Ave. The Utilities Department is requiring that the City Ditch pipe be videotaped before and after construction to insure that the integrity of the pipe is maintained. 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. The City retains all rights to operate, maintain, install , repair, remove or relocated any of it's' facilities located within the City's right-of-way. FINANCIAL IMPACT None. LIST OF ATIACHMENTS Bill for Ordinance License -City Ditch Crossing Agreement City Ditch Encroachment Permit LICENSE -CITY DITCH CROSSING AGREEMENT THIS LICENSE AGREEMENT, made and entered into as of this day of ______ , _, by and between the CITY OF ENGLEWOOD, a municipal COl]JOration of the State of Colorado, herein referred to as "City", ancl IrA H:Elth::n= UC, d:a &B:lisl1 M3::lical center herein referJ:ed to as "Licensee". WITNESSETH: The City without any warranty of its ,title or interest whatsoever, hereby authorizes Licensee, its st1ccessor, assigns, to install a stcirm SS\er arrl sanitary ~ s:J::ViCB over t1le City's rights-of-way for the City Ditch, described as a parcel oflan,d situated in the_ SE O"e Q.mter, ot tre SE CY.e Q.Erter of Section 34 Township 4 s:uth . Range 68 vest-----· of the 6th ,p Jvl., County of Arapahoe, State of Colorado described as follows: Tl b d 'b d l . 4873 Eq. fret OL 0.112 Acre l 1e a ove-escn e paJ:ce contams ____________ _...._,1'""n.,.o.o..:re"'-"'o"'""r"""'e""'s=s. h ;· Any construction contemplated or performed unde1· this License shcll comply with and conform to standru·ds formulated by the Drrector of Utilities of the City and such consti·uction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commenceme.nt of the constT4ction of, or any repairs made to, Licensee's----- storm s:w=1:' arrl samtary ~ S2!l:V1CB . _________________________ so that the City may, in its discretion, :U1spect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said __ _ st:a:m SS\er arrl sanitary 93ta" s=i:vi.CB . the Licensee shall complete such construction, place and maintain permanent, visible marke1·s, of a type and at such locationsas designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all consti·uction deb1·is and restore the area to its previous condition as near as may be reasonable. In the event the planing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, install, repaxi, remove or i·elocate 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 easements and installations . In the event the storm~ ard s:mi.tary ~ serv.i.CB should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon xequest and at its sole e:xvense, relocate, rearrange, or remove its installations so as not to inte1·fere with any such use. 5 . Any repair or replacement of any City installation made necessary, in the opiflion of the City 's Di.rector of Utilities be ca use of the construction of the stoon ~ ard S3mtary 93iE't" :=ervjre or other appmtenant installation thereof, shall be made at the sole expense of the Licensee. G. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License .shall be subject to prior agn:iements, 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. 8. The Licensee shall contact and fuJly cooperate with the City's personnel and the consti·uction shall be completed without interference with any lawful, usual or ordinary flow of water tluotlgh the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights·of-way shall be backfilled and tamped to the original ground line in layers not to excee six (G) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 10. Licensee, by acceptance of this License, expr4essly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch lealcing through the ditch banks or pipeline at the point or points where the Licensee pel'forms any work in connection with tl1e crossing provided by this Ucense. The Licensee assumes all responsibility for maintenance of the installation. 11 . Licensee shall indemnify and save harmless the City, its offi.ce1·s and employees, against any and all claims, damagtes, acctions or causes of acti0,n and~nses to which it or they may be subjected by reason of said st.arm ~ ard samtary s:!rVl.ce . being within and across and tmder the premises of the City or by l'eason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repafr of said installation. 12. It is expressly agreed that in case of Licensee's b1·each of any of the within promises, the City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that e>..-tent shall terminate, but its obligation to indemnigy and save harmless the City, its officers and employees, shall not terminate in any event. In granting the above authorization, the City reserves the right to make ii.ill use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City. -2- In granting the above authmization, the City reserves the right to make full use of the prope1ty involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood Water and Sewer Board The undersigned officer of H:J\ Iffilth:re IIC, d:a SM:rli.S1 M:dical G:nter has read the foregoing License and agrees for an on behalf of said IIA H:Elth:re UC, d:a Sis'.liEh M::dical caiter that it will accept and will abide by all the terms ai1d conditions thereof. LICENSEE: By:-!...-L.1..44,..L.J,.~q_,;.~~~..=:.......:=::i.-c_p:.::___ Title: ~fESi deo 1t/C BO Address: So/ c. r/la;n;de11 Bue_ C!'.lj I e-Wo~ Ce2 KO!/~ Phone: 3c2~-?Rg:-(o;J-;')-}> Notary: ~An .&rtu My commission expires: r··. ~~ JR ENGINEERING A W~::;r:·h,< _._, ~·.···. ·; ·~ SWEDISH MEDICAL CENTER SANITARY SERVICE CROSSING LICENSE AGREEMENT EXHIBIT A DESCRIPTION PARCEL A: A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH , RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89°59 '58 "W A DISTANCE OF 1321.18 FEET. MONUMENTED BY AN AXLE IN RANGE BOX AT THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083 AT THE SOUTHWEST CORN ER. COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34; THENCE N69°58'44"E A DISTANCE OF 543 .33 FEET, TO THE POINT OF BEGINNING ON THE SOUTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461; THENCE N20°04'35"E A DISTANCE OF 20.11 FEET TO THE NORTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF -WAY BEING THE POINT OF TERMINUS. DESCRIPTION PARCEL B: A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34( TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89 °59'58"W A DISTANCE OF 1321.18 FEET. MONUMENTED BY AN AXLE IN RANGE BOX AT THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083 AT THE SOUTHWEST CORNER. COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34 ; THENCE N72°39'45"E A DISTANCE OF 622 .56 FEET, TO THE POINT OF BEGINNING ON THE NORTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 ; THENCE S24 °1 9'04"E A DISTANCE OF 7.66 FEET; THENCE S70°05'30"E A DISTANCE OF 22.51 FEET, TO THE POINT OF TERMINUS . 10/2 2/2007 JR Engineering, LLC X:l1530000.a lll 1531400\Word\Legals\1531400_ TCE02.doc Page 1of3 :(~ JR ENGINEERING r~ \!l/;~;;.~~~}-~::·1:: -;,-:~:: · DESCRIPTION STATEMENT I, JAMES D . RIHANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PARCEL DESCRIPTION AND ATIACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT . JAMES D . RIHANEK, PROFESSIONAL LAND SURVEYOR COLORADO NO . 23053 FOR AND ON BEHALF OF JR ENGINEERING , LLC 6020 GREENWOOD PLAZA BOULEVARD ENGLEWOOD, COLORADO 80111 10/22/2007 JR Engineeri ng , LLC X:I 1530000.alll 1531400\Word\Legals\ 1531400_ T CE02.doc Page 2 of 3 20' DITCH RIGHT-OF-WAY BOOK !328, --! PAGE 46! EXHIBIT A N89:59'58 "W !32!. !8' (BASIS OF BEARINGS) __l_ •t-___ ~ ____ = ~ _-_-s_:_u_=-~""-~t~4~E~4~ ~:;w_: ~:_ :68~-~}~-- ,. SW CORNER, SE!/4,SE!/4, SE CORNER SEC. 34, T. 4S, R. 68W. SE:C. 34, T. 4S, R. 68W. REBAR & CAP IN RA NGE: B OX AXLE IN RANGE: BOX LS 12083 LINE TABLE LINE BEAR ING LENGTH L1 N20"04'35"E 20.11 L2 S24"19'04"E 7.66 L3 S70"05"30"E 22.51 50 25 0 50 SCALE: 1" = 50' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE A TI ACHED PROPERTY DESCRIPTION. SANITARY SEWER CROSSING LICENSE AGREEMENT PROJECT NAME : SWEDISH MEDICA L CENTER PROJECT NO.: 15314.00 ~ JR ENGINEERING A Westrian Company DATE : 10/22/07 SHEET: 3 OF 3 0020 G'9Ell\\OOJ Plaza B\!1 • &tjewoo:j. CO 80tt1 lll-740-0093 ·Faic lll-721-009 ·www· · con TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of , by and between the City of Englewood, Colorado, a municipal corporation of the state of Colorado, acting by the through its Water and Sewer Board (Granter) and ID\ H:Blth::rE UC, d:a 9M:di.sh M:di.cal Gnter --------------------(Grantee). WHEREAS, The City of Englewood owns a right~~;f-way for the City Ditch, a carrier ditch (City Ditch ROW) which is located as described on Exhibit A. WHEREAS . H:A H:BltlrrE, II.C desires to install a sta:m ~ '--~-=------~-arrl Smitary ~ fervice within the City Ditch ROW pursuant to a license between the parties. NOW, THEREFORE, In consideration of the mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows: l. Temporarv Construction Easement. Englewood (as Grantor) hereby grants to ID\ ImltlrrE UC (as Grantee), its successors, assigns, contractors, and sub-contractors, a non-exclusive temporary construction easement through, over, under and across the City Ditch ROW for the installation of a storm ~ arrl sanitary ~ _93'.Vl! __ • ce ____________________ pursuant to a license agreement (the Project). 2. Tenn of Easement. The Project will begin no sooner than and will be completed no later than . Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Grantor and tills Temporary Easement will be deemed to have terminated upon such completion. 3. Access. Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: 1) normal working hours shall be consistent with CDOT construction hours, Monday through Friday and 2) the operation of equipment and heavy trucks will be permitted on the Englewood City Ditch ROW only during nonnal working hours. 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to restore the surface area of the City Ditch ROW to its original condition. 5. Indenmi:fication. Grantee, to the extent permitted by the laws and constitution of the State of Colorado, hereby agrees to be liable and hold harmless the City of Englewood, its employees, tenants, and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, including the cost of defending against such claims. 6. Liability. Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to N:ovember l of each year and that it will assume liabiJity for any damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Grantee's · construction activities . 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of $600,000.00 property coverage and $600,000.00 liability coverage. Grantee further agrees that all its employees, contractors and sub-contractors working on the Project shall be covered by adequate Workers Compensation insurance. 8. Assignment. This Temporary Construction Easement is assignable only with the written permission of Englewood, which permission wiJI not unreasonably withheld. conditioned or delayed. IN WITNESS WHEREOF, the parties hereto have executed this temporary construction Easement on the date and day first written above. --···· In granting the above authorization, the City reserves the right to make full use of the property invo1ved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF th.is instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chaim1an Englewood Water and Sewer Board The undersigned officer of ILA H:eith:re UC, cl:a 9ts:iish M:di.cal Cl:nter l1as read the foregoing License and agrees for an on behalf of said KA I-mlth:re IIC, d:a SM:rlish M:rlical cent.er that it will accept and will abide by all the terms and conditions thereof. LICENSEE: Swcrl.r~l/i Mecltca/ Cevt+e J-Notary: By: ~°12 ~ fn beuvJ Title: ft t'St '&'en i /r6 f c) ~sion expires: Address: 56 ( c r c/6n1p:/-e.t? J4oe -S 7-0 Y tn~lew <J<X'ir ea fD/13 Phone: 303 Z~ c0~=3 CI1Y DITCH ENCROACHMENT PERMIT TIIlS CITY DITCH ENCROACHMENT PERMIT, made and entered into as of this ____ day of , 2007, by and between the CITY OF ENGLEWOOD, a municipal cozporation of the State of Colorado, herein referred to as "City", HCA -HEAL 111 ONE LLC, dba SWEDISH MEDICAL CENIBR, a limited liability cozporation whose address is 501 East Hampden Avenue, Englewood, Colorado 80110, herein referred to as "Permitee" owner ofreal property located at 501 East Hampden Avenue, Englewood, Colorado 80110. WITNESSE11I: The City without any warranty of its title or interest whatsoever, hereby authorizes Permitee to encroach upon a parcel of land in the City's right-of-way for the City Ditch. more specifically described as A center line Alignment of Encroachrnant more or less, more particularly described in ''Exhibit A.' ' " attached hereto and incorporated by reference herein. 1. The City of Englewood, Colorado hereby grants to said owner of the above described property the right to encroach into the City Ditch Right-Of-Way to realign two storm water service connections for the proposed Swedish Medical Center expansion. 2. The Permitee is granted a permit to encroach into the City Ditch Right-of-Way as described herein subject to the provisions of th.is Encroachment Permit. In addition, Permitee is granted the following specjfic rights subject to all provisions contained in this Encroachment Permit; to wit: a. The proposed service connection and realignments as showµ on "Exhibit _A _ __," will not be removed by the City without prior notice to Permitee. b. The right to maintain and replrir the service connections along the centerline of this encroachment as described in the attached "Exhibit 1i. " 3. In granting this Encroachment Permit, the City reserves the right to make full use of the Encroachment Property as may be necessary or convenient in the operation of the City Ditch and the City retains all right to operate, maintain, install, repair, remove or relocate any of the City's facilities located within the City Ditch Right-Of-Way at any time and in such a manner as it deems necessary or convenient. 4. Subject to the provisions contained in Paragraphs l, 2 and 3, 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 Right-Of-Way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. .. ' 5. 6. 7. 8. 9. 10. The Permitee shall have the right to maintain and improve the Encroachment Property including, but not limited to, planting and trimming grass and/or bushes, fertilization and irrigation, and removal of trash and brush. Penni tee is not permitted to construct any permanent structures or encroach upon the Encroachment Property in a manner not permitted under this Encroachment Permit. Tue rights and privileges granted in this Permit shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Permitee's sole responsibility to determine the existence of said agreements, licenses or grants or conflicting uses or installations. Access to the parcel by City personnel must. be maintained by Permitee for inspection and maintenance. Upon abandonment of any right or privilege herein granted, including the destruction or removal of the service connections, the right of Permitee 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. Tue rights granted Permitee hereunder may not be assigned without the written consent of the City. The aforesaid property owner and their heirs and assigns understand and agree that: a. This permission is revocable at will and without cause by the City of Englewood without hearing and without notice other than Notice of Revocation. b. The property owner shall remove said service connections from the public Right-Of" Way within thirty (30) days after receivmg Notice of Revocation by personal service or certified mail. c. That said property owner is estopped to deny the right of the City of Englewood, Colorado, to revoke this Encroachment Perm.it or to deny the property rights of said City. d. That said property owner agrees to reimburse and indemnify the City of Englewood, Colorado, for all necessary expenses of whatever nature that may be incurred in revoking this Permit. removmg the service connections placed in the public Right" Of"Way, or any other expense as a result of granting the Encroachment Permit. e. That the said property owner shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Permit and Indemnity Agreement, and the City of Englewood shall be held harmless from any and all liabilities arising from this action. f. This Permit shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigns, and successors of the respective parties. -2- g . Property owner agrees to televise and record condition of City Ditch Pipeline after construction to insure that the integrity of the pipeline is still intact and to make repairs if damage is apparent. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. APPROVED: Stewart Fonda, Director ATTEST: Loucrishia A. Ellis, City Clerk STATE OF COLORADO COUNTY OF ARAPAHOE ) )ss. ) CITY OF ENGLEWOOD Acting through and by its Water and Sewer Board ·:BY------------ Chairman , Mayor HCA-HEALTH ONE LLC, dba SWEDISH MEDICAL CENTER The foregoing instrument was acknowledged before me this&_ day of Oe h/Jer 2007, by /Yla r t fYJ, Whl/-e as hes.,'clen f/C~O of HCA-Health One LLC, dba Swedish Medical Center. ' . ~'41. ... ..,,,.._f<!L~~J· -~ LEE M. BARR \, " NOT/~RY PUBLIC ·. L"_ 7,_ci o SThTEOF~O :. My Commission expires: _..::J..__-..f' _ _.._r____ ,_,,.""~~T~- Witness my hand and official seal. ~j1n~ 6aAA J ~CJAA-YPUBLIC -3- JR EI':TG_I~EERING A hc--:":·:·!;,n ;.. ;··n 1 ;~t ·Y SWEDISH MEDICAL CENTER SANITARY SERVICE CROSSING LICENSE AGREEMENT EXHIBIT A DESCRIPTION PARCEL A: A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 46 1 LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34 , TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE , STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SI XTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89°59 '58 "W A DISTANCE OF 1321 .18 FEET. MONUMENTED BY AN AXLE IN RANGE BO X AT THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083 AT THE SOUTHWEST CORNER. COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34 ; THENCE N69 °58'4 4"E A DISTANCE OF 543 .33 FEET , TO THE POINT OF BEGINNING ON THE SOUTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF -WAY DESCRIBED IN BOOK 1328 AT PAGE 461; THENCE N20°04'35"E A DISTANCE OF 20 .11 FEET TO THE NORTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY BEING THE POINT OF TERMINUS . DESCRIPTION PARCEL B: A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 34 , TOWNSHIP 4 SOUTH, RANGE 68 WEST , OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE , STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34 , TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89 °59 '58 "W A DISTANCE OF 1321.18 FEET. MONUMENTED BY AN AXLE IN RANGE BO X AT THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083 AT THE SOUTHWEST CORNER. COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34 ; THENCE N72°39'45"E A DISTANCE OF 622.56 FEET , TO THE POINT OF BEGINNING ON THE NORTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 ; THENCE S24 °19'04"E A DISTANCE OF 7.66 FEET; THENCE S70 °05 '30 "E A DISTANCE OF 22 .51 FEET , TO THE POINT OF TERMINUS . 10/221200 7 JR Engineering , LLC Page 1of3 X:I 1530000.all\ 1531 400\W ord \Legalsl1531400_ TC E02 .doc ~·~ JR ENGINEERING /\. 1.\J,.::ti ·!:~P (o:;r.;r1 n:· DESCRIPTION STATEMENT I, JAMES D. RIHANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO , DO HEREBY STATE THAT THE ABOVE PARCEL DESCRIPTION AND ATIACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE , AND ON THE BASIS OF MY KNOWLEDGE , INFORMATION AND BELIEF , IS CORRECT. JAMES D. RIHANEK , PROFESSIONAL LAND SURVEYOR COLORADO NO. 23053 FOR AND ON BEHALF OF JR ENGINEERING, LLC 6020 GREENWOOD PLAZA BOULEVARD ENGLEWOOD, COLORADO 80111 10/22/2007 JR Engineering, LLC X:\1530000.alll 1531400\Word \Lega ls\ 1531400_ TCE02.doc Page 2 of 3 . -· EXHIBIT A 20'DITCH rr~~ RI GHT-OF-WAY ----- BOOK 1328, --- ____ 1 PA<7£46' [ ,' ------, -= -:-------,_=:~/f'~'<tJ---------- e _ _ _ N89~'5!!_'W 1321.18' {B~IS~F BEARINGS) __ ~J_- t------------_sa_:: ~N~ ~~4~E~4~ s~cr:~: ~4~ R68W 1~ - .t' SW CORNER, S£1/4,5£1/4, 'SE CORNER / SEC 34, T. 4S., R. 68W SEC 34, T. 4S., R. 68W REBAR & CAP IN RANCE BOX AXLE IN RANCE BOX LS 12083 S2 " c j!! ·c :i <( O> 9 ~ ,__ 0 0 !::! N C! ~ :; g, ~ ci ~ ~ N 0 w L) 31 LINE TABLE ~ LINE BEARING LENGTH n ~ ~ L1 N20"04'35"E 20.11 L2 S24i9'04"E 7.66 u ;; L3 S70'05'30"E 22.51 ,, 50 25 0 v ~ 50 2> SCALE: 1" = 50' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUM ENTED SURVEY. IT IS INTENDED ON LY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION . SANITARY SEWER CROSSING LICENSE AGREEMENT PROJECT NAME : SWEDISH MEDICAL CENTER PROJECT NO .: 15314.DO ~ ]'R ENGINEERING A Westrlan Company DATE : 10/22/07 SHEET: 3 OF 3 62! G'etJJMl'.X'.l Aaza B\'C! ·~CO 001fl :m-74()-9l!l •Fax :m-7'2f-009 • www · · · can Date December 3 , 2007 INITIATED BY Utilities Department A T T.. 'f COUNCIL COMMUNICATION Agenda Item Subject Tank repairs to the Clarkson St. 6-Million-Gallon Reservoir STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the roof rehabilitation of the of the 6-million-gallon reservoir on August 21, 2000 in the amount of $77 ,325 .00 to ABCO Contracting. Council approved the bid award for the tank repairs of the two Clarkson Street 3-million-gallon reservoirs to RN Civil Construction in the amount of $201, 173.00 on November 4 , 2004. On September 19, 2005, Council approved the bid award for the tank repairs of the East Clarkson Street 6-million-gallon reservoirs to Premier Spec. Contractors in the amount of $261,285.00. RECOMMENDED ACTION At their November 13, 2007 meeting , the Water and Sewer Board recommended Council approval of the bid award for the Clarkson street 6 million gallon reservoir tank roof repair to in the amount of $ BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Clarkson 6 million gallon tank is a treated water reservoir that is 230 feet in diameter by 21 .5' deep. The tank has an 8-inch thick post tensioned concrete flat slab roof which is supported by a perimeter wall and concrete columns. Structural deterioration of the tank roof has occurred due to weather and age. · The repairs would involve removing and replacing four roof-supporting tendons on the concrete roof of the tank. Project includes concrete removal, surface preparation, steel surface preparation, patching and reinforcement. Cracks and joints will also be sealed. The City will empty the tank prior to construction. The tank is located in Greenwood Village on Sunset Ridge, south of Clarkson and Belleview. Requests for Bid were received from Roof and Valve Modifications. responses were received: COM reviewed the bids and recommends amount of$ FINANCIAL IMPACT vendors for the east Clarkson Street Reservoir $ be awarded the contract in the The original 2007 budgeted amount was $150,000 for two concrete roof repairs. The clearwell roof repair was $50,309.00 . A bid opening was held on acceptable bidder in the amount of$ LIST OF ATTACHMENTS Bid Tabulation Sheet and was the lowest,