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Home My WebLink About2007-03-13 WSB AGENDAWATER & SEWER BOARD AGENDA Tuesday, March 13, 2007 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE FEBRUARY 13, 2007 MEETING. (ATT. 1) 2. RESOLUTION CONCERNING GIFTS TO BOARD MEMBERS. (ATT. 2) 3. LICENSE AGREEMENT FOR SWEDISH HOSPITAL CURB & GUTTER. (ATT. 3) 4. McLELLAN RESERVOIR FENCING. (ATT . 4) 5. BIG DRY CREEK INTERCEPTOR FINANCES. (ATT. 5) 6. CITY DITCH AGREEMENTS -3596 S. BANNOCK ST. (ATT. 6) 7. METER PURCHASE. (ATT. 7) 8. UPDATE FROM DAVID HILL DATED 2-12-07. (ATT. 9) 9. OTHER. WATER AND SEWER BOARD MEETING February 13, 2007 A TT. I The meeting was called to order at 5:03 p .m . Members present: Members absent: Also present: Burns, Clark, Moore, Higday, Cassidy, Wiggins, Wolosyn, Habenicht Higday, Oakley Stewart Fonda, Director of Utilities Bill McCormick, Operations Supt. Joe Pershin, Water Production Administrator 1. MINUTES OF THE JANUARY 23, 2007 MEETING. The Englewood Water and Sewer Board approved the minutes of the meeting of January 23, 2007. Mr. Wiggins moved; Ms. Wolosyn seconded: Ayes: Nays: Members absent: Members abstained: Motion carried. To approve the minutes from the January 23, 2007 meeting. Clark, Moore, Higday, Cassidy, Wiggins, Oakley, Wolosyn, Habenicht None None Burns 2. PLATTE RIVER PROGRAM -ENDANGERED SPECIES ACT. Joe Pershin appeared to discuss the South Platte Water Related Activities Program (SPWRAP), which is an agreement with the Department of the Interior to improve the habitat of the interior least tern, whooping crane, pallid sturgeon and the piping plover - all endangered species . SPWRAP would improve the habitat by providing more water in the critical area along the Platte River in Nebraska. Englewood, along with other water users along the Platte River, would be the principals in the SPWRAP agreement. The agreement would provide compliance with the Endangered Species Act to participating entities. The Department of the Interior is funding half of the program, and through the Corps of Engineers, issues 404 Permits for users along the Platte River. These permits are mandatory for projects in or along the Platte River.· Englewood's portion of the assessment for the program for 2007 is $29,189.52, with an annual assessment for 13 years. Future assessment amount will be computed on treated water use and number of participants with the SPWRAP Program. Mr. Cassidy noted that he looked up SPWRAP's Articles of Incorporation and questioned the relationship of SP WRAP to the 404 Permits and the assessment. Discussion ensued. Mayor W olosyn wished to remind the Board that the original purpose of the SPWRAP agreement is to preserve the above mentioned endangered species in the South Platte Basin. Chairman Clark requested that the Board be notified of the assessed rate upon the anniversary date . Mr. Fonda noted that participation in the program may be cancelled at anytime. Mr. Burns moved; Ms. Wolosyn seconded: Ayes: Nays: Members absent: To recommend Council approval of Englewood's participation in the South Platte Water Related Activities Program (SPWRAP) in the amount of $29,189.52 for the first year of a 13-year program. Clark, Moore, Higday, Wiggins, Oakley, Wolosyn, Habenicht Cassidy None Motion carried. 3. NATURALLY OCCURRING URANIUM IN SURFACE WATER. Bill McCormick appeared to review the report from Timothy Cox of URS Corporation, "Urban Development and its Influence on Naturally Occurring Uranium in Surface Water and Groundwater." The City of Englewood's water treatment plant has an intake on the South Platte River, and treatment residuals have contained higher than expected levels of uranium. The elevated levels are due to increased uranium within the influent water. Joe Pershin, Englewood's Water Production Administrator, collected water samples from the S. Platte River and tributaries. The sampling revealed that water collected from Big Dry Creek had uranium above background levels. URS reviewed local geology and found sources of naturally occurring uranium in the Dawson Formation, which forms ridges within the watershed. Because of residential and commercial development, irrigation drainage has eroded the sediment lines of the streambeds. Irrigation water flowing through uranium-rich soils and streambeds provides the likely source of uranium in groundwater and eventually to Big Dry Creek, eventually being consolidated in Englewood's alum sludge . 4. INFORMATIONAL ITEMS. a. Article from the Denver Post dated January 24, 2007, "Water-Quality bill clears panel." The article discusses approval of a proposal to strengthen state water-quality law allowing water-court judges to consider environmental effects before approving transfers of large amounts of water out of rivers. b. Article from the Colorado Public Works Journal dated December 2006, "A new level of water efficiency." The article discusses the City of Aurora taking steps to create a sustainable water supply. Aurora is participating in the Prairie Waters Project as a strategy for the most cost-effective way to meet future supply demands. c. Article from CDM News, "Managing digital data." The article is about the Littleton/Englewood Wastewater Treatment Plant's Phase I GIS implementation. d. Article from Colorado Business, "Thirst for solutions." The article discusses the finite water supply in Colorado and its limits, specifically regarding the South Metro area. e. Water right review from David Hill, Englewood's Water Attorney discussed water rights issues . The next Water and Sewer Board will be March 13, 2007 in the Community Development Conference Room at 5:00 p.m. Respectfully submitted, Cathy Burrage Recording Secretary ATT. 2 MEMORANDUM TO: Board and Commission Secretary-Cathy Burrage FROM: Jeanne Kelly, Records Management Clerk DATE: January 11, 2007 SUBJECT: Resolution No. 86, Series of 2006 Attached is a copy of Resolution No. 86 concerning ethics, receiving gifts and gratuities applying to Board and Commission Members as well as others. Please distribute a copy of this Resolution to each member of your Board and Commissions for their information regarding the Policy. RESOLUTION NO . _Xf2_ SERIES OF 2006 A RESOLUTION CONCERNING ETHICS , RECEIVING GIFTS AND GRATUITIES APPLYING TO THE ENGLEWOOD CITY COUNCIL , BOARD AND COMMISSION MEMBERS AND ALL CITY EMPLOYEES . WHEREAS , Ballot Question 41 , of the November 2006 Election proposed an Amendment concerning ethics in government to the Colorado Constitution; and WHEREAS , Section 7, of the proposed Article XXIX allows Home Rule Municipalities to adopt their own ethical rules ; and WHEREAS , the City has had an effective Administrative Policy concerning gifts for decades ; and WHEREAS , the Englewood City Council desires Englewood 's Policy to directly apply to them as well as Board and Commission Members and City employees ; NOW, TIIEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section 1. The following Policy concerning ethics , receiving gifts and gratuities shall apply to the Englewood City , Board and Commission Members and all City employees . POLICY City Council , Board and Commission Members and City Employees will not solicit or accept any personal gift, gratuity, favor, entertainment, loan or any other item of monetary value from any organization, business firm or person who has or is seeking to obtain business with the City or from any organization, business firm or individual whose interests may be affected by the City Council, Board and Commission Members and City employee 's performance or non-performance of official duties . If a City Council Member , a Board or Commission Member, or a City employee receives any gift or gratuity or other thing of value under this section which practically cannot be returned, it will immediately be turned over to the City and become City property . Acceptance of nominal gifts in keeping with special occasions , such as marriage , retirement or illness , food and refreshments in the ordinary course of business meetings ; unsolicited advertising or promotional material , e.g., pens , notepads , calendars , etc . or social courtesies which promote good public relations is permitted. Contributions may be ma.de for flower funds or special gifts for co-workers. Participation in such activities , including contributions for nominal gifts to supervisors , must be voluntary on the part of each City Council Member, Board and Commission Member or City employee . Supervisor's will not borrow money or accept favors from subordinates. Supervisors must avoid placing themselves in a position that could interfere with, or create the impression of interfering with , the objective evaluation and direction of their City employees . City Council, Board and Commission Members, or City employees should avoid relationships that might be construed as evidence of favoritism, coercion, unfair advantage or collusion. This policy does not preclude receipt of awards or expenses paid for papers , talks , demonstrations , or appearances made by City employees with the approval of the City Manager, or on their own time for which they are not prohibited by this policy. A City Council Member should notify the other Members of Council of the foregoing . Receipt of capital items should be received by the City Council as provided for ill Section 80 of the City Charter . AMENDED , ADOPTED AND APPROVED this 4th of December, 2006 . I , Loucrisbia A. Ellis, City Clerk for ~City of Englewoo · above is a true copy of Resolution No.~, Series of200 . COUNCIL COMMUNICATION Date Agenda Item March 19 , 2007 AT7. 3 Subject License Agreement for Swedish Hospital Curb , Gutter and Asphalt/Concrete Driveway INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 1 O dated March 19, 2001 -Swedish City Ditch Encroachment Permit and Grant of City Ditch Crossing License Agreement for Overhang over City Ditch . RECOMMENDED ACTION The Water and Sewer Board, at their March 13 , 2007 meeting, recommended Council approval by Ordinance of the City Ditch License Agreement for curb , gutter and asphalt/concrete driveway over the City Pitch at the Swedish Medical Center. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Swedish Hospital submitted a License Agreement to install curb , gutter and an asphalt/concrete driveway at 501 E. Hampden Ave., in the existing drivearound located on the south side of the hospital facing Hampden. Swedish Hospital will be enlarging the footprint of the existing overhang addition by extending it southward , while maintaining the required distance from the City Ditch . Swedish is expanding their facilities to update the environment and physical plant of their hospital and construct more patient-focused facilities . The existing overhang is approximately 21 ' above the City Ditch easement and does not interfere with City Ditch operations and repairs. The existing encroachment permit is for the supporting column necessary for construction that requires 16 square feet within the City Ditch right-of-way. The proposed curb, gutter and driveway will also encroach in the City Ditch easement; therefore a license agreement is mandatory. 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 ATTACHMENTS Bill for Ordinance License -City Ditch Crossing Agreement City Ditch Encroachment Permit LI f!f,;NSE -CITY DITCH CRORflING AGREEMENT THIS LICENSE AGREEMENT, made and entered into as of this day of ------• 2007, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein refeued to as ''City", and HCA Healthone LLC dba Swedish Medical Center herein referred to as ''Licensee". WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee , its successor, assigns, to install a CUrb and Gutter and Asphalt/Concrete Drive over the City's rights-of-way for the City Ditch, described as a parcel of land situated in the _ SE one quarter, of the SE one quarter of Section 34 , Township 4 South Range 68 West of the 6tb P .M., County of Arapahoe , State of Colorado described as follows: The above-described parcel contains 4873 Sq. Ft. or O. 112 Acre; more or less. 1. Any construction contemplated or pedormed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and cow.pleted according to the plans, consisting of one sheet, a copy <>f which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Dil'ector of Utilities at ieast three (3) days prior to the time of comznencement of the consti·uction of, or any repairs made to, Licensee's ----- Curb and Gutter and Drive ---------------------~-so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said __ _ Curb and Gutter and Drive the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such loca.tionsas designated by the City's Director of Utilities, referring to the centerline of the installation and shall cleu the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the 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, repari, 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 o:r convenient. The City reserves the exclusive right to control all easements and installations. In the event the Curb and Gutter c:md Drjye sho11ld interfere with ally future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to inte1·fere with any such use. 5 . Any repair or replacement of any City installation made necessary, Jn the ~inion of the City's Director of Utilities because of the construction of the Curb an Gutt r and Drive or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 6. •rhe stipulation and conditions of this Licenae shall be incorporated into contract specifications if the construction herein authorized ia to be done on a contract basis. 7. The rights .and privileges granted in this Lice~e ~ball be subject to prior agreements, licenses and/or grants, recorded or unrecorded, arid 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 fully cooperate with the City's pe:i.·sonnel and the con.struction shall be completed without interference with any lawful, usual or ordinary flow of water through the Citsf Ditch. Licensee shall assume all risks incident to the possible presence of such waters, Ol' 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 (6) inches loose measure to a compaction of ninety percent (90%) Standar.d Proctor Maximum Density. 10. Licensee, by acceptance of this License, expr4esely assumes full and strict liability for any and all damages of every natm·e to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point Ol' points where the Licensee performs any work in connection with the crossing provided by this License. The Licensee assumes all responsibility for maintenance of the installation. 11. Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damagtes, acct.ions o:r causes of action and expenses to which it or they n:iay be subjected by reason of said Curb and Gutter and Drive being within and across and under the premises of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. It is expressly agreed tha.t in case of Licensee's breach of any of the within promises, the City may, at its option, have specific performance thereof, or sue for dato.ages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnigy and save ha?mless the City, its officers and employees, shall not tetminate in any event. In gl'anting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City. Jn granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrwnent has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chainnan Englewood Water and Sewer Board . . Center The undersigned officer of HCA Heal thone LLC, dba SWedish Medical has read the foregoing License and agrees for an on behalf of said HCA Healthone LLC, dba Swedish Medical Center that it will accept and will abide by all the tenns and conditions thereof. LICENSEE: . B~ Notary: c_~'rri,fuv My commission expires: [.,.r.~,f"""1i<l~fi<l:~··•~ia!.<'~-'M;,(..,,J'.r£&/,"-], LEE M. SARR . b NOT ARY PUB LI C : STATE OF CO!.OR/\DO '.; ;c-~~~A~~<t.>£~,~~"'.tr:;...,.~~~~·~ ·SJ··, ··--·r:· ; • ·_7, . --· J ,R ENGINEERING ~ \!:..::1 \ -;C ~.i:~.i.l: ~ EXHIBIT PROPERTY DESCRIPTION -TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER A NO ACROSS A PORTION OF THE SOUTHEAST QUARTER OF SECTION 34 , TOWNSHIP 4 SOU T H , RANGE 68 WEST OF THE SIXTH PRINCIPA L MERIDIAN ; COUNTY OF ARAPAHOE , STAT E OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34 , TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN , BEING ASSUMED TO BEAR N89 °59 '58 'W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34 ; THENCE N77 °32 '06'W, A DISTANCE OF 690 .36 FEET T O A POINT ON THE EASTERLY BOUNDARY OF A RIGHT-OF-WAY AGREEMENT RECORDED IN BOOK 1328 AT PAGE 461 IN THE CLERK AND RECORDERS OFFICE OF ARAPAHOE COUNTY , SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE S63 6 51 '25"W , A DISTANCE OF 2 0.00 FEET TO THE WESTERLY BOUNDARY OF SAID RIGHT- OF-WA Y AGREEMENT ; THENCE ALONG THE WESTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1. N26 °08 '35 "W , A DISTANCE OF 20 .25 FEET; 2 . N75 °51 '04 "W , A DISTANCE OF 214 .28 FEET ; THENCE N14 °08'56 "E , A DISTANCE 20 .00 FEET TO THE EASTERLY BOUNDARY OF SAID RIGHT-OF - WAY AGREEMENT ; THENCE ALONG THE EASTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1. S75 °51 '04 "E, A DISTANCE OF 223 .54 FEET ; 2. S26 °0B '35 "E, A DISTANCE OF 29.5 1 FEET TO THE TRUE POINT OF BEGINNING . CONTAINING AN AREA OF 4 ,873 SQUARE FEET OR 0 .1 12 ACRES MORE OR LESS . PROPERTY DESCRIPTION STATEMENT I , RICHARD L. HARVANEK , A PROFESSIONAL LANO SURVEYOR IN THE STATE OF COLORADO , DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHE EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE , AND ON THE BASIS OF Y KNOWLEDGE , INFORMATION AND BELIEF , ARE CORRECT . ~ Z I /fl [c 1111/. Is"'~ ~ ······· /'~ ~ i:f ~.··~\)lHA-?>.(o\ § ~ .. ~'f' -?. ·.<""'~ ,,<-»u ~.o o:= RICHARD L. HARVANEK , PROFESSIONAL LAND SURVEYOR \~~.~~3r~;/.~~;(J ~)!I COLORADO No . 30099 ?,~ · /fJ?, V /.·:· ~ $ FOR AND ON BEHALF OF JR ENGINEERING , LLC ')J/, .;yA· · · · ·~~·s~':.# 6020 GREENWOOD PLAZA BOULEVARD ij111111,,,,,~111~1 ~111 111111111'~ ENGLEWOOD , COLORADO 80111 2/1 6/2 007 EXHIBIT A SE 1/4 SEC. 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, 6TH P.M. COUNTY OF ARAPAHOE, STATE OF COLORADO 50 25 0 50 SCALE: 1" = 50' N89'59'58"W (BASIS OF BEARINGS) --so-..,...u-TH-LIN-E, sET/4 SE 1/4, SECTION 34, T.4s.:-R.68W-.----- TEMPORARY EASEMENT CONTAINS 4,873 SQUARE FEET OR 0.112 ACRES MORE OR LESS LINE TABLE LINE BEARING LENGTH L1 S63'51'25"W 20.00 L2 N26.08'35"W 20.25 L3 N14.08'56"E 20.00 L4 s2s·oa·3s"E 29.51 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATIACHED DECRIPTlON. TEMPORARY CONSTRUCTION EASEMENT SWEDISH MEDICAL CENTER JOB NO. 15314.00 FEBRURARY 14, 2007 SHEET 2 OF 2 ~ J·R ENGINEERING AW.-co_.,, iJ 0 ---------------------------------------------------------------------------Q :J Parcel name: TCE 1u ,. _, North : 5140.16910 East : 4307.94425 c Line Course: N 26-08-35 w Length: 20 .25 ,..., L: North: 5158.34745 East : 4299.02182 0 Line Course: N 75-51-04 w Length: 214. 28 r L-' North: 5210.72659 East 4091.24226 [1 Line Course: N 14-08-56 E Length: 20.00 0 North: 5230.11987 East 4096 .13111 [] Line Course: s 75-51-04 E Length: 223.54 0 North: 5175.47719 East 4312.88975 0 Line Course: s 26-08-35 E Length: 29.51 0 North: 5148.98616 East 4325.89227 D Line Course: s 63-51-25 w Length: 20.00 0 North: 5140.17388 East 4307.93833 D 0 Perimeter: 527.58 Area: 4,876 SF 0.112 ACD D Mapcheck Closure -(Uses Error Closure: 0.00761 Error North: 0.004789 Precision 1: 69,327.20 listed courses , radii, and deltas)D Course: N 50-59-49 WO East : -0.005914 D 0 TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of , 2007 by and between the City of Englewood, Colorado, a mwiicipal corporation of the state of Colorado, acting by the through its Water and Sewer Board (Grantor) and HCA Healthone LLC, dba Swedish Medical Center ------~-----~-----(Grantee). " WHEREAS, The City of Englewood owns a right-of-way for the City Ditch. a canier ditch (City Ditch ROW) which is located as described .on Exhibit A. WHEREAS, HCA Heal thone LLC desires to install a Curb and Gutter ..an .... ·~-=d....cAs=.c:P::.!'ha""l,,_,t:.L./=Co=n=cr::=-x.et....,P-_D_r_j ~ .... :e _________ 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: 1. Temporarv Construction Easement. Englewood (as Granter) hereby grants to HCA Healthone LLC (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 curb and gutter and asphalt/ concrete drive --------~~~~--~-~---~~~~----~Pursuant to a license agreement (the Project). 2. Term of Easement. The Project will begin no sooner than <Ojo~1 and will be completed no later than \/cfl . Completion of the Project will be deemed to have occUITed upon inspection and approval of the Project by Granter and this Temporary Easement will be deemed to have tenninated 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: I) nonnal 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 normal working hours. 4. Restoration. Upon completion of the Project, Grantee will perfonn such restoration and regrading as is necessary or prudent to restore the surface area of the City Ditch ROW to its original condition. S. Indemnification. Grantee, to the extent permitted by the laws and constitution of the St.ate of Colorado, hereby agrees to be liable and hold hannless 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 November l of each year and that it will assume liability 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 pennission will not unreasonably withheld, conditioned or delayed. IN WITNESS WHEREOF, the parties hereto have executed this temporary · construction Easement on the date and day firs .t written above. In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or 9onvenient in the operation of the water works plant and system Wider 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 IQ\ lfflltlpl? UC, d:B Sfitish M:rljral o;nter has read the foregoing License and agrees for an on behalf of said HCA Healthone LLC, dba Swedish Medical Center that it will accept and will abide by all the terms and conditions thereof. LICENSEE: Notary: ~~.~ My commission expires: Title: ~re,21 1 Jevtt:/C f: O 5~ z~o9 Address: St..Qed l.~ n11 eel lca.L C-e t1 '1e> r ~eil e. VV'lf'cl~r'\.. ~ue Pn5/eu1ew>&l Co Wil_? Phone: O\o) ?&gr W~A7 ~ JR ENGINEERING ": \rfo~H;, C• r -.· .' EXHIBIT PROPERTY DESCRIPTION -TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHEAST 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 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34 , TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN , BEING ASSUMED TO BEAR N89 °59 '58'W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34 ; THENCE N77°32'06"W, A DISTANCE OF 690 .36 FEET TO A' POINT ON THE EASTERLY BOUNDARY OF A RIGHT-OF-WAY AGREEMENT RECORDED IN BOOK 1328 AT PAGE 461 IN THE CLERK AND RECORDERS OFFICE OF ARAPAHOE COUNTY , SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE S63 °51 '25"W , A DISTANCE OF 20.00 FEET TO THE WESTERLY BOUNDARY OF SAID RIGHT- OF-WA Y AGREEMENT ; THENCE ALONG THE WESTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1. N26°08'35'W, A DISTANCE OF 20 .25 FEET ; 2. N75°51 '04 "W , A DISTANCE OF 214 .28 FEET ; THENCE N14°08'56"E, A DISTANCE 20 .00 FEET TO THE EASTERLY BOUNDARY OF SAID RIGHT-OF- WAY AGREEMENT ; THENCE ALONG THE EASTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1 . S75°51 '04"E, A DISTANCE OF 223 .54 FEET ; 2 . S26°08 '35"E , A DISTANCE OF 29 .51 FEET TO THE TRUE POINT OF BEGINNING . CONTAINING AN AREA OF 4 ,873 SQUARE FEET OR 0.112 ACRES MORE OR LESS . PROPERTY DESCRIPTION STATEMENT I , RICHARD L. HARVANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COL RADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED E IBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE , AND ON THE BASIS OF MY NOWLEDGE , INFORMATION AND BELIEF, ARE CORRECT . RICHARD L. HARVANEK , PROFESSIONAL LAND SURVEYOR COLORADO No . 30099 FOR AND ON BEHALF OF JR ENGINEERING , LLC 6020 GREENWOOD PLAZA BOULEVARD ENGLEWOOD , COLORADO 80111 2/1612007 EXHIBIT A SE 1/4 SEC. 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, 6TH P.M . COUNTY OF ARAPAHOE, STAlE OF COLORADO 50 25 0 50 SCALE : 1" = 50' \~......_\ --· j ~-N89"59'58"W (BASIS OF BEARINGS) ---------SO-U-TH-LIN-E, SE 1/4 SE 1/4, SEC110N 34, T.4S .-;-R.68W-. ----- TEMPORARY EASEMENT CONTAINS 4,873 SQUARE FEET OR 0.112 ACRES MORE OR LESS LINE TABLE LINE BEARING LENGTH L1 S63"51'25"W 20.00 L2 N26"08'35"W 20.25 L3 N14"08'56"E 20.00 L4 S26"08'35"E 29.51 NOlE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INlENDED ONLY TO DEPICT THE ATTACHED DECRIPTION . lEMPORARY CONSTRUCTION EASEMENT SWEDISH MEDICAL CENlER JOB NO. 15314.00 FEBRUR/o.RY 14, 2007 SHEET 2 OF 2 ~ JR ENGINEERING AWootrllnComplny a:m~-"~ ~. iJ iJ ---------------------------------------------------------------------------~ :=-J Parcel name: TCE llJ !~ North: 5140 .16910 East : 4307.94425 0 Line Course: N 26-08-35 w Length: 20.25 iJ North: 5158.34745 East : 4299.02182 D Line Course: N 75-51-04 w Length: 214.28 c North: 5210. 72659 East 4091.24226 0 Line Course: N 14-08-56 E Length: 20.00 0 North: 5230.11987 East 4096.13111 0 Line Course: s 75-51-04 E Length: 223.54 0 North: 5175.47719 East 4312.88975 0 Line Course: s 26-08-35 E Length: 29.51 0 North: 5148 .98616 East 4325.89227 0 Line Course: s 63-51-25 w Length: 20.00 0 North: 5140.17388 East 4307 .93833 0 [! Perimeter: 527.58 Area: 4, 87 6 SF 0 .112 ACO 0 Mapcheck Closure -(Uses Error Closure: 0.00761 Error North: 0.004789 Precision 1: 69,327.20 listed courses, radii, and deltas)D Course: N 50-59-49 WO East : -0.005914 0 D A TT. 't COUNCIL COMMUNICATION Date Agenda Item Subject March 19, 2007 Mclellan Reservoir Fencing INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has approved fencing portions of Mclellan Reservoir beginning in 2001 . This is the last portion to be fenced. · RECOMMENDED ACTION Water Board recommended, at their March 13, 2007 meeting, Council approval by motion of the bid for the Mclellan Reservoir Fencing. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mclellan Reservoir, because it is an important Englewood water source, is closed to the public and posted. Even with such prominent posting, trespassing incidents are becoming more frequent and are expected to increase with increasing development. To deter trespassers and protect water quality, it is proposed that 1,400 lineal feet of 8-foot chain link fencing be installed. The fencing will be galvanized-finished steel, color-coated brown, to match the existing fence to aesthetically blend in with the surrounding area and existing fencing. The fence installation will involve two sections along County Line Road and one section at the bottom of the spillway, equaling 1,400 lineal feet of fence and one gate at the bottom of the spillway. These sections will complete the six-year fencing project. FINANCIAL IMPACT A bid opening was held on February 15, 2007 and eight bids were received: DesignScapes Colorado Southwest Construction Supply Ideal Fencing Champion Fence Steelock Fence Town & Country Fence Front Range Fence $37,272.50 $34,716.00 $32,914.55 $30,667.40 $29,778.00 $27,963.00 $25,734.40 The lowest bid from Front Range Fence was not considered acceptable due to failure to comply with bidding instructions. Front Range did not provide a bid bond , gave us one bid copy rather than the required three and did not provide the required illegal alien documentation. The lowest, acceptable bidder is Town and Country Fence for the amount of $27 ,963.00 . The Utilities Department budgeted $30,000 in the 2007 Budget for this project. LIST OF ATTACHMENTS Bid Tabulation Sheet City of Englewood Bid Tabulation Sheet Bid Opening Date: February 15, 2007 10:00 a.m. ITEM BID: IFB-07-101 Mclellan Reservoir Fencing Extended Bid Add Chain Link chair link Vendor Bond Y/N price per Ft. (1365 ft.) Steelock Fence y y $ 21.20 $ 28,938.00 Adam 303-295-1915 2690 E 78th Street Denver, CO 80229 Ideal Fencing y y $ 23.75 $ 32,418.75 Randy 303-962-8100 57951dea1Dr -. Erie, CO 80516 Westwood Fence LLC $ -$ - Dusty 303-478-2468 PO Box866 Strasburg, CO 80136 Town & Country Fence Co y y $ 20.20 $ 27,573.00 Travis 970-834-9022 104 Rowe Ave Pierce, CO 80650 DesignScapes Colorado y y $ 26.50 $ 36,172.50 Michael 303-721-9003 15440 E Freemont Ave Centennial, CO 80112 Front Range Fence N ' y $ 18.56 $ 25,334.40 James 303-803-6206 15507 E 18th Ave Aurora, CO 80010 Price per ft. barbed wire $ 8.00 $ 3.75 $ - $ 3.00 $ 10.00 $ - -A.JO I l-C. l!fq 11 L ;:; (../ rA. . .1 f)o c v1i-1 15' ,,(../ T.$ Extended barbed wire (55ft.) $ 440.00 $ 206.25 $ - $ 165.00 $ 550.00 $ - -;2EtPv1lli= 3 1__,.,t.:Jf-'1rs· ~ic 1311) ~ or-..lt. v se:-AJT I -[;>1 o /..J()r IE 1:/lfi!/.fJ APr'1€ .s .... ,uiJ @10 /?.;(u..;tj 4ft. Gate Total Bid Exceptions: $ 400.00 $ 29,778.00 See bid documents Take pcards $ 289.55 $ 32,914.55 See bid documents Take pcards $ -$ -NOBID $ 225.00 $ 27,963.00 Bid Bond given In the form of a check #105904 $1399.00 See bid documents Take pcards $ 550.00 $ 37,272.50 See bid documents Take pcards $ 400.00 $ 25,734.40 Price not extended Take pcards plus ree See bid documents 'No a10,a0No ~: . IFB-07-101McLellan FencingTAB1.xls Extended Extended Bid Add Chain Link chair link Price per ft. barbed wire Vendor Bond YIN Price per Ft. (1365 ft.) barbed wire (55ft.) 4ft. Gate Total Bid Exceptions: Champion Fence • :l\j .:··· y $ 21.78 $ 29,729.70 $ 9.14 $ 502.70 $ 435.00 $ 30,667.40 Extented error -Total Bid stated as Chad 303-467-1910 $30,621.00 5800 W 60th Ave tJl.O B,ID ·:BOND,,No ,Poar<i~ '· Arvada, CO 80003 See Bid Documents Greater Western Fence $ -$ -$ -$ -$ -$ - Rick 303-469-8261 NOBID 15283 Quivas St. Broomfield, CO 80020 M & M Services $ -$ -$ -$ -$ -$ - Jim 720-641-8511 NOBID 10050 Wadsworth Blvd. Westminster, CO 80021 Southwest Construction Supply y y $ 25.00 $ 34,125.00 $ 1.00 $ 55.00 $ 536.00 $ 34,716.00 See Bid Documents Mike 303-595-8575 Take pcards 2827 W 9th Ave Denver, CO 80204 Concrete Construction Specialies $ -$ -$ -$ -$ -$ - Tom 720-733-8895 NOBID PO Box893 CastleRock, CO 80104 Foothills Fence $ -$ -$ -$ -$ -$ - Kerry 303-674-1010 NOBID PO Box 139 Conifer, CO 80433 IFB-07-101 Mclellan FencingTAB1 .xis Date March 19, 2007 INITIATED BY Utilities Department ATT. S COUNCIL COMMUNICATION Agenda Item Subject Big Dry Creek Interceptor Finances STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Big Dry Creek Basin Interceptor Agreement between the City of Englewood, Southgate Sanitation District, South Arapahoe Sanitation District and the South Englewood Sanitation District No. 1 was approved by Council as Ordinance No. 30, Series 1990 . Resolution passed October 18, 2004 establishing maintenance fees for Big Dry Creek Basin Interceptor. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their March 13, 2007 meeting, recommended Council approval of the Big Dry Creek Interceptor finance changes for a repair, maintenance and rehabilitation program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Big Dry Creek Basin Interceptor is a major trunk line serving the Southgate, South Arapahoe, South Englewood and part of the City of Englewood Sanitation Districts for sanitary sewer transport. The interceptor begins at Clarkson and Orchard, runs northwesterly along Big Dry Creek to Santa Fe Drive, and then north to the Littleton/Englewood Wastewater Treatment Plant. In 1990 the City of Englewood entered into the Interceptor Basin Agreement (IBA) with Southgate Sanitation District, along with other connecting sanitation districts. At the time of the agreement, eight capital construction projects were anticipated. Line and advanced tap fees for capital construction, along with a small charge for repair and maintenance, were established. After completion of three capital projects, Southgate Sanitation District reassessed the condition of the interceptor and determined that it has capacity adequate to meet the existing and future demands and that no further capital projects are needed. FINANCIAL IMPACT Southgate has proposed terminating the Advanced Tap Fee collection, disbursement of unused tap fee/capital revenues to the participating districts and establishing a repair, maintenance and rehabilitation schedule. It is expected that the maintenance fee will change from $.45 per year to approximately $9.00 per year. Southgate will provide a $1.8 million loan to the maintenance program that will be repaid from future maintenance revenues. LIST OF ATTACHMENTS Resolution Letter from Southgate dated February 16, 2007 Southgate Water & Sani tation Districts 3722 East Orchard Road Centennial, Colorado 80121 Telephone (303) 779-0261 FAX (303) 779-0220 Mr. Stu Fonda City of Englewood 1000 Englewood Parkway Englewood , CO 80110 RE: Big Dry Creek Interceptor Finances Dear Stu : February 16 , 2007 In summary of previous correspondence and conversations , I offer the following : Agreement In August, 1990 the City of Englewood , South Arapahoe San itation , South Englewood Sanitation No . 1 and Southgate San itation , (Parties), entered an agreement relative to ownership , reservation of capac ity , operation , capacity development projects , and funding for the Big Dry Creek Interceptor. Through the agreement there was: 1) finding of insufficient capacity to serve ultimate projected flows , 2) commitment to resolve disputes , provide for the orderly and timely enlargement of the system , and provide effective maintenance/repair/operation , 3) identification of eight capacity related construction projects that would be needed in the future , 4) provision for project management and a source of funding for such projects , and 5) provision for ongoing operation , maintenance , replacement and repa ir of the Interceptor. The agreement provided that: 6) the eight capacity related projects would be funded by Base and Advance Line Charges collected upon new tap sales , 9) the funds would be held by Englewood until disbursed solely for the purposes of construction of the eight capacity related projects , 10) the funds would be used for no other purpose wha tever, 11) afte r all capacity related Proj ects have been completed , or presumably found to be unnecessary by the appropriate Owner, the funds would be used exclusively to refund to the Parties any and all Advance Line Charges which they have previously paid , and then to refund Base Line Charges , and 12) the Base Line Charges are to be collected until all Advance Line Charges have been repaid . The agreement further provides that: 13) each owner shall be responsible for operating , maintaining , repairing and replacing when necessary that segment of the Interceptor owned by it, and 14) actual costs of operat ion , maintenance repair and replacement of the Interceptor shall be charged to and collected directly from all customers served by the Interceptor. Such costs have been covered , to date, through a small service charge on the annual customer bills. Capital Project Status Since 1990 capacity related projects #6 and #8 , and the majority of project #7 have been completed . BDCI -Page 3 February 16 , 2007 Master Planning and Capacity Analysis Since 1990 there has been monitoring of the flows in the interceptor and master plan updates in 1998 and in 2004 . The master plan work included: flow metering, rain fall measurement, infiltration and inflow analysis, current and future land use investigation , survey of the Interceptor, video inspection of the interceptor, sewer model calibration, and future flow modeling. The model projected flows associated with build-out land use together with the affects of a 50 year storm event. it was determined that the capacity needs of the interceptor have been met. Copies of the 2004 master plan results were made available to the Parties to the agreement. Rehabilitation and Replacement In 2005 there was critical review of the Big Dry Creek Interceptor video. It was determined that over the next 25 years : i) several sections will need no rehabilitation or replacement, ii) several sections warrant immediate rehabilitation, replacement or realignment, (for system sustainability, nQt for capacity), iii) the remaining sections will need rehabilitation in progressive fashion, (again for system sustainability, not capacity), and iv) the estimated cost for such work is $10,606 ,080. Specific Proposals Pursuant to the above, it was (and is) proposed that: A) the Advance Line Charges be discontinued , B) there be immediate refund, to the Parties to the agreement, of the monies held in the "Project Fund", C) there be continued collection of Base Line Charges to be progressively refunded to the Parties as directed by the agreement, and D) there be an immediate Increase in the Big Dry Creek Customer Service Charge as directed by the agreement for "replacements" (rehabilitation and replacement) per the attached schedule . It was, and is, further proposed, to facilitate the timely pursuit of the identified rehabilitation and replacement projects, that Southgate, (without reliance on Section 4 . 7 of the agreement and in the manner of Section 4.9 of the agreement), advance as a loan to the "Operations and Maintenance Fund" of the Joint Venture, (from its portion of the Line Charge refund), the amount of $1,800,000 ; to be repaid from future Big Dry Creek Customer Service Charges per the attached schedule. The capital capacity needs of the Interceptor have been met. The Interceptor continues to deteriorate. The Basin Interceptor Agreement is specific about how capital capacity dollars and "replacements" are to be handled. It is imperative that the BDCI fiscal proposals (above) be implemented to allow replacements to be pursued in order to prevent failure or operational liability on the interceptor. Yours Truly, BDCI Rehabl!ltatlon and Replacement 12130/05 as Rev ised 12128/06 :lervice chlrg&l1 k winter water • S0.005-434 Generatea per year • $15,000 CuslOmer Impact Residential -Low • S0 .45 Residential -High • $1 .66 Commercl1I -Low • $0 .45 Commercial -Hiah • 138.18 ~eivlce charge/1 k winter water • '3enera1es per year. O&M• Rehab-~ustomer Impact Relliclential -Low • Rellidential -High • Commerci•l • Low • Commercial -H"'h • ·wzuwm: SGSD Loan : Service Chg -Rehab: lnterast Eamlngs• Subtotal Revenue RahabfRtplace 2ll.O.liiJ PMd!y_1 V-11 t9VR-18 Subtotal $957,000 V-5toV-11 Subtotal $997 ,200 V..OtoV-3R Subtotal $406,800 WR-2toV..O Subtotal $383,000 W-20toWR-18 Subtotal $589,600 Z-59 to Z-25 subtotal $738,800 Eri2rit)'_2 Z-12 toW-20 subtotal $1 ,805,800 Z-14 to Z-12 Subtotal $599,000 Z-25 to Z-14 Subtotal $1 ,115,600 flimiia WR-18 to WR-2 Subtotal $3,228 ,750 ~ VR-18 to VR-1 & Vault Subtotal $4 ,1 78 V-3RtoV-5 SUbtotal $1 ,371 Tunnel to Z-59 Subtotal 11._W e.;:i $0 .159123 $15,000 $424,243 $13.18 $48.81 $13 .18 $1118.02 Iacgat Yf:la ~· 2018 2011 2006 2006 2011 2006 2021 2018 2025 2030 2030 2030 2030 Rehebliation SUbtotal $10 ,608 ,08~ SGSO Repay:-~ p::=: $0 .108406 $0 .159123 $0.189881 $0.220599 $0.251334 $0.282074 $0.312812 $15 ,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $284,243 $424,243 $509 ,092 $593,940 $678,789 $783,637 $848,486 r&r • 87% of 7127105 r&r • 7127/05 r&r• 120%ar7/27/05 r&r • 140% or 7127/05 r&r • 160% or 7127/05 r&r • 180% 017/27/05 r&r • 200% of 7127/05 $8.83 $13 .18 $16 $18 $21 $24 $26 $32 .57 $48.81 $58 $68 $78 $87 $97 $8 .83 $13 .18 $16 $18 $21 $24 $26 •754.68 1 1 118.02 $1342 $1 565 $1 789 S2 012 $2238 ,..,, ,..~ •v•u •u W10 ,u •• •u•" •u• m1n ·m•u >U u• . " ., _., " ., 144 .... , . , .. · <1a1 51 707 ,_.. $1 ""'' R~· 57 1::1'7 OC"l&<'ll-."'-"1"1 $1 ,800,000 $0 $0 so $0 so so $0 $0 $0 $0 so so $0 $0 $284,243 \ $284,243 I $424 ,243 \ $424,243 $509,092 $509,092 $593,940 $593,940 $678,789 $678,789 $783,837 $783,637 $848,486 $848,486 $848,486 S2 ill.ll2 lliJ.J!8 ~ ~ ~ .l.12.i2.ll 132.W ~ ~ liZ.lli W.MO ~ ~ llli.ZM S2 084 243 $302 615 $449 351 S461 223 <558 359 S574 046 Ml06 860 Ml24 245 •121 087 <748 679 <855 876 <805 717 $914 911 <943 on •972 230 $1 ,304,293 $1 ,225 ,813 $421 ,038 $375,705 $724,769 $762,588 $874,522 - $1 ,559,331 $1,950,582 $2 ,178 ,815 S2 l.1.1.Q..15§ l.1.1.Q..15§ l.1.1.Q..15§ ~ l.1.1.Q..15§ l.1.1.Q..15§ l.1.1.Q..15§ l.1.1.Q..15§ SJ.1Jl.W ~ ~ ~ iltQJ.56 ~ Subtotal l=Ynlllnse $13 249 830 ls1 559331 $110156 $110156 $110156 $110156 $2060738 1110156 •110156 •110156 •110156 •2288971 •110156 $110156 •110156 •110156 UR ehah Ra ance tFndl : • int.rNt ~ • 3.5% on eegnq fl.Ilda 8Vllillble .. lnl\.rlon fllctor • 3.5'4/yr ftom 2005 b ... ·"''l:.C: ., .-,,1 31 ' -lnltlel loon of $1 ,800,000 pg 3.75% -...(S1nlght lne), 24 peym-~ 2007 -.. >1 8" •H .. ,,u s1-•• ., '"' " •••a C'> 7n7:,617 C'll "''" •. ,U,ft """ """ '"·' . '" "' 'I:? ""aq 91~ 53 4-,a 'l•n .. "' .. "'"""'1 ~ 4u " .< <K . $0 so so so so so $0 so $0 so $848,486 $848,486 $848,486 $848,488 $848,486 $848,486 $848,488 $848,486 $848,488 $848,486 lliliJ.li ~ ~ ~ ll8..1..16l1 ~ ~ 112U9B ~ ~ s1002402 s939 483 $968 509 <998 552 11 029 646 S984 134 $1014724 S1046384 $1 079152 $1113066 $2 ,689,940 $2,219 ,808 $7,830,327 $9 ,869 $3 ,240 $2 796 $2 ,689,940 $2 ,219,808 $7,646,232 ~ ~ l.1.1.Q..15§ ~ 1lli.ti2 lliO.J.52 111Q.lli l.1.1.Q..15§ iltQJ.56 ~ •2 800 096 s110 156 •110156 •110156 •2 329 964 •110156 S110156 S110156 S110156 S7 756 394 •o a• ,,.. ' .,. -~ " " .. .K .. ,.u " ,, <K . ,, COUNCIL COMMUNICATION Date Agenda Item March 19, 2007 A -rT. lo Subject Various City Ditch Agreements 3596 S. Bannock St. INITIATED BY Utilities Department STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On May 19, 2003 City Council approved Ordinance #42 for a License Agreement to install a gate across City property at 3596 S. Bannock St., an adjacent property. On July 19, 2004 City Council approved Ordinance #43 for the owner to maintain the surface of a portion of the City Ditch at 3596 S. Bannock. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their July 19, 2004 meeting, recommended Council approval by Ordinance for two permanent encroachment agreements, a City Ditch crossing agreement and a City Ditch right-of-way use agreement for 3596 S. Bannock Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Housing Authority has come to own 3596 S. Bannock through a rehab loan foreclosure. The Housing Authority currently has the house for sale. When 0 & E Report (Owner and Encumbrances) was ordered to prepare for the sale, the issue of various encroachments and license agreements was reviewed by the City Attorney's office . The City Attorney's office recommended that the license agreements, crossing agreement and right-of- way use agreement be completed before the sale to a new owner. Attached are the following documents to be executed concurrently: The Permanent Encroachment Agreement. An Encroachment Agreement is needed for the corner of the house and for the patio. The proposed encroachment is for existing structures with removal of the structures terminating the agreement. City Ditch Crossing Agreement #1: A crossing agreement is needed for the existing sewer service line to cross the City Ditch. Removal of the sewer service would terminate the agreement. City Ditch Right-of-Way Agreement #2. This agreement is for an existing chain link fence. The approved agreement would be executed with the new owner, with the requirement that successive owners apply for a new agreement with the City. 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 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 License. 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 Bill for Ordinance Permanent Encroachment Agreement (house) Two City Ditch Crossing Agreements (fence & sanitary sewer) h/3596 & 98 S. Bannock ORDINANCE NO. SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER _____ _ AN ORDINANCE AUTHORIZING A "CITY DITCH CROSSING LICENSE AGREEMENT" FOR A FENCE; A "CITY DITCH CROSSING LICENSE AGREEMENT" FOR A RESIDENTIAL SANITARY SEWER LINE; AND AN "ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT" TO THE CITY OF ENGLEWOOD-REHABILITATION FUND FOR THE LOCATION OF 3596 SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO . ·"' WHEREAS , the Englewood City Council approved Ordinance No. 42, Series of 2003 authorizing a License Agreement to install a gate across the City Ditch at 3594 South Bannock Street, an adjacent property; and WHEREAS , the Englewood City Council passed Ordinance No. 43 , Series of2004 authorizing the owner to maintain a portion of the City Ditch at 3 5 96 South Bannock Street; and WHEREAS, the proposed "Encroachment Permit And Indemnity Agreement" grants to the City of Englewood Rehabilitation Fund permission to encroach upon the City's property for the sole purpose of maintaining the existing comer of the house and concrete patio, said encroachments consisting of approximately one hundred and ten square feet and the passage of this proposed ordinance authorizes the "License-City Ditch Crossing Agreement" for such encroachment and are for the existing structures with removal of the structures the "Encroachment Permit And Indemnity Agreement" terminates ; and WHEREAS , the proposed "City Ditch Crossing License Agreement" grants to the City of Englewood Rehabilitation Fund to allow for the installation and maintenance of a chain link fence with the requirement that successive owners apply for a new Right-of-Way Use Agreement with the City of Englewood; and WHEREAS, the proposed "City Ditch Crossing License Agreement" grants to the City of Englewood Rehabilitation Fund, its successor for assigns a license to construct and maintain a residential sanitary sewer line for 3596 South Bannock Street, which is needed for the existing sewer service line crossing the City Ditch and the removal of the existing sewer service terminates this Agreement; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the "City Ditch Crossing Agreement" for a fence; a "City Ditch Crossing License Agreement" for a residential sanitary sewer line; and an "Encroachment Permit and Indemnity Agreement" to the City of Englewood Rehabilitation Fund for the location of 3596 South Bannock Street, Englewood, Colorado at the March 13 , 2007, meeting; -1- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The "City Ditch Crossing Agreement" for the installation and maintenance of a chain link fence, with the requirement that successive owners apply for a new Right- of-Way Use Agreement with the City of Englewood, attached hereto as "Attachment 1," is hereby accepted and approved by the Englewood City Council. Section 2. The "City Ditch Crossing License Agreement" to construct and maintain a residential sanitary sewer line for 3596 South Bannock Street, attached hereto as "Attachment 2" is hereby accepted and approved by the Englewood City Council. Section 3. The "Encroachment Permit and Indemnity Agreement" permission to encroach upon the City's property for the sole purpose of maintaining the existing corner of the house and concrete patio, said encroachments consisting of approximately one hundred and ten square feet, for the existing structures and upon removal of the structures the "Encroachment Permit And Indemnity Agreement'' terminates, attached hereto as "Attachment 3" is hereby accepted and approved by the Englewood City Council. Section 4. The Mayor is authorized to execute and the City Clerk to attest and seal the "City Ditch Crossing License Agreement" and the "City Ditch Crossing License Agreement" and the "Encroachment Permit and Indemnity Agreement" for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 19th day of March, 2007. Published as a Bill for an Ordinance on the 23rd day of March, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of March, 2007. Loucrishia A. Ellis -2- CITY DITCH CROSSING LICENSE AGREEMENT Attachment 1 THIS LICENSE AGREEMENT, made and entered into as of the day of ______ , 200_, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "Englewood" or "City", and THE CITY OF ENGLEWOOD-REHABILITATION FUND, hereinafter referred to as "Licensee"; WITNESS ETH The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor or assigns to INSTALL AND MAINTAIN A FENCE over the City's Right-of-Way for the City Ditch. The City of Englewood, County of Arapahoe, State of Colorado, described on Exhibit A, attached hereto and made a part hereof, under the following terms and conditions : ·' 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans approved by the City. 2. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's Fence so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said Fence, Licensee shall complete such construction, place and maintain permanent, visible markers of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation, shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable . In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, City may complete the work at the sole expense of Licensee . 4. City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its faciliti es or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations. 5. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 6 . 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 Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations . 7. Licensee shall contact and fully cooperate with City's personnel, and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch 8. All trenches or holes within City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six ( 6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 9. To extent allowed by law Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said sewer line being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the con'struction, replacement, maintenance or repair of said installation. 10. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 11. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless City, its officers and employees , shall not terminate in any event. 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. Attest: Loucrishia A. Ellis , City Clerk CITY OF ENGLEWOOD, COLORADO Olga Wolosyn, Mayor LICENSEE: THE CITY OF ENGLEWOOD- REHABILITATION FUND Bob Simpson, Director LOTS 28 & 29, BLOCK 6, BEING A PART OF THE NE 1/4, Cl T Y OF ENGLEWOOD, SK ERRITTS ADDITION TO SEC 3 . TOWNSHIP 5 SOL COUNTY OF ARAPAHOE, SHE:ET 1 OF 1 -------------------- ~-o Cl w 0 0 .,.; N g§ §5 LOT 1 Ul/1 ----w <( ~~~ ·oo:--LOT2 ---~ - <D .. g ~ Lor J ;:f------ 0>' N <D • N P-~ p 0 8 FND TAG 1/26958 z ~ 0.24'WEST AND 0.36' I ~ Z LOT 17 SOUTH OF PLATTED 8 __ _ POSITIOJL_ _ a:: l/1 ill j LOT 18 SKERRIT'r'S <( ::< w ~~ --ADDITJON TO-:; -~ 'Ji LOT 19 ENGl.EWOOD, 0 oi 'l1llRD FIUNG, a:: ~ ---BLOCK 6, I i ~I-LOT 2~ B~ 4:_!~5 -<D I I~ ~~T ~l ---- ,, ,. tO . 0 I l<"T '.:'.1 L TIO ,ow ::: z ~------ I ~ ~I LOT 23 ---- o 8 LOf :l4 600 '~ ~------ 18-'°" ;I::::--·"----- o N 89'59'31" E S 7) /QO' "' _J _, < l()U'l~~ g rwT-27 --·:,9'S~-· 58 .2 2· s0 · _ 0 g LOT 28 ~ I 11 1 3 00 ~ ~~<b' ~~1 I I "' oLOT 2~ ~ 'l:'<S ~ ''" s-/ I I N "' ~ LOT 4 I 0 Q'/ 1 1-s 8959'3~· 1• & ___ _J I :::i 790 1.::;.-~ I -i Sl ~0 J:...f2 ° LOT 5 I I ") /----_J 33 a· 0 / LOT 6 I j 0WU1£ ;----1 I -HEfGSTS--I i ill-IGLEW'OOD LOT ~ I I / ~K ~ PG 43 LOT ~ I I FND TAG #26958 0.47 'WEST ANO 0 .67' SOUTH OF PLATTED POSITI ON N 83'06'57" W 15 .00' N 73'25'54" W 16 .66 ' / WEST JEFFERSON AVENUE (60' R.0 .W.) .!':! 89'37'02" £ - 642.00' 50 (" 1 5 0 f J ~ ' cED. . -ra~ .. ft d 50 N 1/4 COR . SEC . 3 FOUND 3 1/4" ALU~ COLO . DEPT . OF TRt 27278, 1994 IN RA f\ 100 SCALE : I " "' 50' Q. CLEANOUT ~ GAS METER (9 SANITARY MANHOLE LEGEND • CONCRETE FENCE, AS NOTED SET PLASTIC CAP ON #5 REBAR RMC 25645 @ s ·1ot<M l)l<AIN 0 ~~~t~.~~ ;::s~i~ I i~ SECTION CORNER. AS NOTE') RMC 25645 LOT 27 I I ~ I ~ RE~INING WALL LOT 29 I ~ I. t:~'.'.:" ;'/, !_ ~ -_®_ - LOT 30/. -,/ I ~ " I / 1" = 20' , I" / ~ sr: COR., NE 1/4, NW 1/4, SEC . .3 , T5S, R68W , 6TH PM F')l:ND 3 1/4" ALUM . MONUMENT - STAMPt:D COLO . DEPT . OF n;\NSPORTATION PLS 27278, 1 :194 IN RANGE BOX ~-------- ROCKY MOUNTAIN CO NSUL TANTS , INC =t Ii CIVIL AND ENVIRONMENTAL ENGIN[ER •-~G-•~P-tA-NN-IN_G _ __,_ ___ 83-01-E.-=P:...:re:....:nli Dote : 12 /19/02 Job N" 45 17 .001.00 5, Greenwood Vi llo qe, CC (30J) 74 FAX (303) 74 CITY DITCH CROSSING LICENSE AGREEMENT Attachment 2 TIIlS LICENSE AGREEMENT, made and entered into as of the day of _____ __, 200 __, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "Englewood" or "City", and THE CITY OF ENGLEWOOD-REHABILITATION FUND, hereinafter referred to as "Licensee"; WITNESS ETH The City, without any warranty of its title or interest whatsoever, hereby grants to Licensee, its successor or assigns a license to construct and maintain a Residential Sanitary Sewer Line for 3596 South Bannock Street, Englewood, Colorado, over the City's Right-of-Way for the City Ditch. City of Englewood, County of Arapahoe, State of Colorado, as shown on "Exhibit A", attached hereto and made a part hereof, under the following terms and conditions : 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans approved by the City. 2 . Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to , Licensee's Residential Sewer Line so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said sewer line, Licensee shall complete such construction, place and maintain permanent, visible markers of a type and at such locations as designated by the City's Director of Utilities , referring to the centerline of the installation, shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable . In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, City may complete the work at the sole expense of Licensee. 4. City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations. 5. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction or repair herein authorized is to be done on a contract basis . 6 . 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 Licensee 's sole responsibility to determine the existence of said documents or conflicting uses or installations . 7 . Licensee shall contact and fully cooperate with City's personnel, and the construction shall be complet ed without interference with any lawful, usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch 8. All trenches or holes within City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six ( 6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 9 . To the extent allowed by law Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said sewer line being within and across and under the premises of the City or by reason of any work done or by omissioµ. made by Licensee, its agents or employees, in connection with the coristruction, replacement, maintenance or repair of said installation. 10 . It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 11. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless City, its officers and employees, shall not terminate in any event. In granting the above authorization, City reserves the right to make full use of the property involved as may be necessary or conv enient 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. Attest: Loucrishia A. Ellis, City Clerk CITY OF ENGLEWOOD, COLORADO Olga Wolosyn, Mayor LICENSEE: THE CITY OF ENGLEWOOD- REHABILITATION FUND Bob Simpson, Director LEGAL DESCRIPTION -SANITARY SEWER SERVICE LINE LOCATION A SANITARY SEWER SERVICE LINE LOCATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 3, WHENCE THE SOUTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER BEARS SOUTH 00°00'29" EAST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE SOUTH 39°27'04" WEST A DISTANCE OF 918.56 FEET TO THE MOST EASTERLY CORNER COMMON TO LOTS 27 AND 28, BLOCK 6 OF SKERRITT'S ADDITION TO ENGLEWOOD, THIRD FILING AS RECORDED IN TIIE ARAPAHOE COUNTY CLERK AND RECORDERS OFFICE IN BOOK 4 AT PAGE-'45 AND A POINT ON THE WESTERLY LINE OF THE CITY DITCH; THENCE SOUTH 31°13 '32" WEST, ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 28, A DISTANCE OF 13.61 FEET TO A POINT ON THE CENTERLINE OF SAID SANITARY SEWER SERVICE LINE AND 11IE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE THE FOLLOWING FIVE (5) COURSES: 1. NORTH 89°37'58" EAST A DISTANCE OF 1.2.63 FEET; 2. THENCE NORTH 56°14'53" EAST A DISTANCE OF 19 .38 FEET; 3. THENCE NORTH 73°48'53" EAST 15.50 FEET; 4. THENCE NORTH 87°07' 18" EAST A DISTANCE OF 30. 78 FEET; 5 . THENCE NORTH 29°12'52" EAST A DISTANCE OF 13.24 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID CITY DITCH AND THE POINT OF TERMINUS. I, JOIIN R. WEST, JR., A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY 1HAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISON AND CHECKING . / e x H I B I T A 1" -30' LOT 25 LOT 26 LOT 27 s 31"13'32" 13.61' TRUE POINT OF BEGINNING 1-w w ~ (/) ~ () 0 z z <( a:i (/) LOT 28 LOT 29 LOT 30 LINE TABLE EXHIBIT SKERRITT'S ADDITION TO ENGLEWOOD, THIRD FILING BLOCK 6 BK 4, PG 45 N 1/4, COR. SEC. 3, T5S, R68W, 6TH P.M. FND 3-1/4" ALUM. MON. STAMPED CDOT, PLS 27278, 1994, IN RANGE BOX POINT OF COMMENCEMENT LOT 4 LOT 5 LOT 6 >-w _J _J <( ENGLEWOOD HEIGHTS BK 1, PG 43 LOT 7 RF ARING I FNGTH I") () w (/) "<t" ......___ 3: z "<t" ......___ ..- w z w ........... I 0 w I-O::'. LI... :::> 0 (/) <( w w z 2 :::::i .......... f-0 (/) N <( L.() w L.() t"1 .- (f) 0 w z O:'.'. en <( N w 0 m p 0 LI... 0 0 (/) (f) (f) <( Q) Attachment 3 ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT TIDS AGREEMENT, made this day of March, 200_, between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, the owner of a certain parcel of real property legally described in "Exhibit A", attached hereto and the CITY OF ENGLEWOOD-REHABILITATION FUND. and commonly known as: 3596 South Bannock Street The City of Englewood, Colorado, pursuant to 11-3-4 EMC, hereby grants to the City of Englewood-Rehabilitation Fund permission to encroach upon the City's property for the sole purpose of maintaining the existing comer of tl,ie house and concrete patio, attached as "Exhibit A", with said encroachment consistirig of approximately one hundred and ten square feet (110'). The aforesaid property owner and their heirs and assigns understand and agree that: 1. They will construct no other permanent structure, nor any plantings which will interfere with the City's full use and enjoyment of its property. 2. This permission is a revocable license and is revocable at will and without cause by the City of Englewood, Colorado without hearing and without notice other than Notice of Revocation. 3. That the Property Owner shall remove any structure including existing structure and patio after receiving Notice of Revocation by personal service or certified mail. 4. That the Property Owner is estopped to deny the right of the City of Englewood, Colorado, to revoke this Encroachment Permit or to deny the property rights of said City. 5. That the Property Owner(s) agree to reimburse and indemnify the City of Englewood, Colorado to the extent allowed by law, for all necessary expenses of whatever nature that may be incurred in revoking this Permit, removing any structure(s) or any other expense as a result of granting the Encroachment Permit. 6. That the property owners 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. 7. That the Property Owner shall pay all reasonable expenses of preparing and recording this Agreement. 8. That this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigns, and successors of the respective parties. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above . CITY OF ENGLEWOOD, COLORADO a municipal corporation By: _______________ _ ATTEST: Olga Wolosyn, Mayor By: ______________ _ Loucrishia A. Ellis, City Clerk STATE OF COUNTY OF ARAPAHOE THE CITY OF ENGLEWOOD- REHABILIT ATION FUND PROPERTY OWNER By: ______________ _ ) ) SS . ) Bob Simpson, Director The foregoing instrument was acknowledged before me this __ day of _______ , 200 _, Robert Simpson as the Director of the City of Englewood- Rehabilitation Fund. Notary Public My Commission expires: ____ _ LOTS 28 & 29, BLOCK 6, BEING A PART OF THE NE 1/4, CITY OF ENGLEWOOD, SKERR IT TS ADD I TION TO SEC 3. TOWNSHIP 5 SOl COUN TY OF ARAPAHOE, SHE:ET 1 OF 1 ------------·o 0 ll-i ~-+'-N-'--~-~~~-.. ,--..a Ow g§ ~ LOT 1 UV! ----W«: !:::,~~ 0 :-" LOT.2_ ___ ......,.;,.,, _ 0 lO ,,,:p ci ~ LOT J no ~=f _____ _ Ol. N lO • N p. ~p 0 g FND TAG #26958 z ~ D.24'WEST AND D.36 ' I ~ Z LO~r 17 SOUTH OF PLATTED 8 ·-_ ~TIO..!:!_ _ a:: Vl Ol ~ LOT 18 S.KERRITT'S <i :::E w ~I: -· -ADDIT10N TO -::i: • -'a -;I, LOT 19 ENGLEWOOD, oi TIIIR11 FILlN G, & ~ ---BLOCK 6, I i ~~LOT 2~B~ 4:_!~5 lO I ·g ~ LOT :ll ~~~•r '21 ___ _ ·L ~b,~ow . z~--___ _ I I i ~, L~T :£3 ---- I p g LO{ :<!4 ~-:~~~--~Lor» ---- IB ~ I~ 0 I~ "' j <( "' ,,;;. FND TAG #26958 D.47'WEST AND 0 .67 ' SOUTH OF PLA TTEO POSITION N 83"06'57" W 15.00' N 7 3'25'54" W 16.66' WEST JEFFERSON AVENUE (60' R.0 .W.) _ !:!. 39 ·37'02" I 642 .00' 50 Q0 CLEANOUT ~ GAS METER ?') )J t -1:D- /11 '\ c 0 SCALE : 1" LEGJ:ND :---~ :--.... '·· · .. 50 50 ' N 1/4 COR . SEC. 3 FOUND J 1/4" ALUt COLO. DEPT. OF TR 1 27278, 1994 IN RAt 100 CONCRETE FENCE, AS NOTED ~ SANITARY MANHOLE e SET PLASTIC CAP ON #5 REBAR RMC 25645 :Jt.T C11\A.3S IAG ii-.i CON C. 5.0' JFFSET RMC 2564 5 1@ SIUKM Ot<A IN 0 I~ SECTION CORNER , AS NOTE') LOT 27 S': COR., NE '/4, NW 1/4, SEC . 3, T5S, R68W, 6TH PM F"ll:NO 3 1/4" ALUM . MONUMENT STAMPi::D COLO. DEPT . OF nr,NSPOR TA TION PLS 27278, H94 IN RANCE BO X ~-~~~~--- ROCKY MOUl•HAIN CONSULTANTS, INC =t I CIVIL AND ENVIRONM(NlAL ENC IN[(Rl~-:;::C-•-;;;PlAC:'.N:-::'.N;;:;IN~G ----'---:::--:BJ°"'O !c-:=--E. ...:::P:...=rer Dole: 12 :_/1_9/_0_2 ___ Job N·• 4517 .001.00 Gr eenwood Village, { (JOJ) 7 FAX (JOJ) 7 Date March 19, 2007 INITIATED BY Utilities Department ATT. 7 COUNCIL COMMUNICATION Agenda Item Subject Large Water Meter Installation STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On July 18, 2005 Council approved the purchase of water meters and yokes from National Meter & Automation in the amount of $151,465 for a three year large meter replacement program. $41, 165 was used in 2005 and $69,460 in 2006. Council also approved a bid from National Metering Service in the amount of $35,660 plus for valve work to install the large commercial meters . RECOMMENDED ACTION The Water and Sewer Board, at their March 13, 2007 meeting, recommended Council approval by motion of the bid for National Metering Services, Inc. for labor and parts, per unit, to change out the remaining large meters , per the attached "Bid Proposal for Large Meter Changeout Program for 2007" in the approximate amount of $5,000.00 for meter valving and $23 ,850 for meters purchased through National Meter & Automation ($15, 175.00 for meters and $8,675.00 for labor). It is the goal of the Utilities Department to complete changing out the large meters in 2007 to provide more accurate figures for the Distribution Modeling Project, mandated by the State. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department is in the process of updating existing meters to incorporate electronic transmitter systems (ERT), which are compatible with our billing system and will make meter reading more efficient and safe. This will reduce needed manpower for meter reading and decrease on-the-job injuries . Many commercial meters in Englewood are over 15 years old and as large meters age, they become inefficient and slow down, causing a loss in revenue. AWWA standards recommend that larger meters be tested every three years and replaced every ten years. The large meter replacement program is replacing the larger meters (1-1/2" to 6 "), with the first phase completed in 2005 and the second phase in 2006. Badger meters are being used to maintain consistency with existing meters and as meters are pulled, they will be tested for accuracy and determine loss. By having National Metering Service provide labor for replacing these larger meters, installation can be completed in a short amount of time and begin more accurate readings on the larger water users. The new meters will have test plugs that will allow periodic accuracy testing, meeting AWWA testing specifications . Denver has instituted this large meter replacement program and found that the majority of their initial costs were recovered the first year. National Meter & Automation, providing the meters, is located in Centenn ial and is the only Badger water meter distributor in Colorado. National Metering Services, providing the meter installation portion, is located in Kearney, New Jersey and completed a job in 2005 in Broomfield. Upon checking, Broomfield provided excellent references. National Metering successfully completed the 2005 and 2006 large meter replacement programs for Englewood . FINANCIAL IMPACT For the meter portion, bids were in received in 2005 at the beginning of the metering project. National Meter and Automation has agreed to honor the 2005 prices, with a bid for the large meters and parts in the amount of $15 , 175.00. For the installation portion, the bid is approximately $8 ,675.00 from National Metering Service , using the same prices as in their 2005 bid. Because of possible valve replacement that may be necessary once the crew is on the job, there are variables in the labor amount which does not include the valves. It is anticipated that 60 valves will need to be exchanged during the Q- 3 phase. At a cost of $175.00 to $375 .00 per valve , they will be replaced on a case-by-case basis. It is estimated that an additional $5 ,000.00 will be needed for meter valve installations , making the final bid approximately $28 ,850.00 . This bid includes National 's testing of each old meter for accuracy as they are pulled . This will be done either in the field or at National's field office . A total of $151,465 . was approved for the three year program ($41, 165.00 was used in 2005, $69,400 was used in 2006.) Funds were budgeted for the meters and installation in the 2007 Budget. LIST OF ATTACHMENTS Proposal Tabulation Sheets Memorandum dated February 22, 2007 Item n Quanityn 1 10 2 3 3 5 4 9 5 2 6 3 7 1 8 9 10 11 12 .. Large Meter Changeout for 2007 Material n Unit Pricen Cost 1 .5" Meters w ith Pit ERT $385 .00 $3 ,850 .00 1.5" Meters with Remote ERT $375.00 $1 ,125.00 1.5" Meters $250.00 $1 ,250.00 2" Meters with Pit ERT $505 .00 $4 ,545.00 2" Meters w ith Remote ERT $495.00 $990.00 3" Meters with Pit ERT $930 .00 $2 ,790 .00 Compound Remote ERT $625.00 $625.00 $15 ,175 .00 Valving If ~equired At Time Of Installation Material Curbstop 1.5" Curbstop 2" Curbstop 3" Curbstop 4" Additional Labor Per Hour As Needed To Install Meter Labor Unit Price n Cost n Total Cost $175 .00 $1,750 .00 $5,600 .00 $265 .00 $795 .00 $1 ,920.00 $265 .00 $1 ,325 .00 $2 ,575 .00 $175 .00 $1 ,575 .00 $6 ,120.00 $265.00 $530.00 $1 ,520.00 $900.00 $2,700.00 $5,490.00 $0.00 $0.00 $625 .00 $8 ,675.oo l ~;:1.$2~Jaso:.ooj Labor Unit Price $175 .00 $225 .00 $375 .00 $375.00 $75 .00 I Est imated Total Labor ] l ;.;::.;$5!000.-00) !Total Material/Labor 11 $28,850.00I National Meter & Automation, Inc. 9800 E Easter Ave, Suite 130 Centennial, CO 80112 Phone: (303)-339-9100 Fax: (303) 649-1017 To: City of Englewood Mr. Randy Pierce -Field Services Coordinator Dear Mr. Pierce: February 22, 2007 This letter will serve to confirm that National Meter & Automation will hold firm the pricing offered to the City of Englewood in calendar year 2006 thru December 31, 2007. This pricing is offered for Badger Meter's for Large Diameter meters, sizes 3" -6" both with and without Itron ER T's. Thank you for your consideration in this matter. Frank Milliron Vice-President National Meter & Automation, Inc . ·:.-~~ ( .;-f ' -· -., -)"I · .... ~ .?.. . ,,~ -· ~-- National Meter & Automation, Inc . 9800 E Easter Ave, Suite 130 Centennial, CO 80112 Phone : (303) 339-9100 Fax: (303) 649-1017 City of Englewood Water Department Attn: Randy Pierce Dear Randy: Per your request please find the following pricing. 11/2" Model 120 Meter Body Only: $250 .00 ea Model 120 RTR & Pit ERT: $135.00 ea Model 120 RTR & Remote ERT: $125.00 ea 2" Model 170 Meter Body Only: $370.00 ea Model 170 RTR & Pit ERT: $135 .00 ea Model 170 RTR & Remote ERT: $125 .00 ea 3" Turbo 450 Meter Body Only: $775 .00 ea 3" Turbo RTR & Pit ERT: $155 .00 ea 3" Turbo RTR & Remote ERT: $140.00 ea 4" Turbo 1000 Meter Body Only: $1 ,595.00 ea 4" Turbo RTR & Pit ERT : $155.00 ea 4" Turbo RTR & Remote ERT: $140.00 ea 6" Turbo 2000 Meter Body Only: $3,025.00 6" Turbo RTR & Remote ERT: $140.00 ea Thank you for your interest. Noel Frakes President National Meter & Automation, Inc. February 22 , 2007 BID PROPOSAL FOR LARGE METER UPGRADE PROGRAM National Metering Services, Inc. Box 491, 163 Schuyler A venue Kearny, New Je rsey 07032 2007 Please price on a per meter installation basis (including labor), keep in mind that all appropriate plumbing between the inlet and outlet vales must be replaced. Englewood Utilities provides only the vales, meter, nuts, bolts and gaskets. Meter installation Item Description Price per Unit 1. 1-1/2" Meter with pit erts $ 175.00 2. 1-1/2' Meter with remote erts $ 265.00 3. 2" Meter with pit erts $ 175.00 4. 2" Meter with remote erts $ 265.00 5. 3" Meter with pit erts $ 900.00 6. 3" Meter with remote erts $900.00 7. 4" Meter with pit erts $1200.00 8. 4" Meter with remote erts $1200.00 9. Property Line Valve/Curb Stop for 1 112" $ 175.00 10. Property Line Valve/Curb Stop for 2" $ 225.00 11. Property Line Valve/Curb Stop for 3" $ 375.00 12. Property Line Valve/Curb Stop for 4" $ 375.00 13. Additional plumbing work or alterations required per mechanic. $ 75.00 hr. MEMORANDUM To: Stu Fonda From: John Bock, Utilities Manager of Administration~ Date: February 26 , 2007 Subject: Conversion of Flat Rate Customers to Meters A -r7. 8 We still have upwards of 3000 flat rate cu stomers. Many of these are older folks on fixed incomes. Here is a plan for getting them on to meters. 1. This plan would be offered to only singles or couples. Families of three or more wouldn 't really work for this idea. 2. The resident would have the meter installed without paying anything up front. 3. The resident would continue to see their normal , Flat Rate bill. It wouldn't change. 4. Each quarter, we would read the meter, and compare the flat rate charge against what the water bill would be if the meter w as being used to calculate the bill. Any flat rate money above what the meter bill would be is used to pay for the meter. 5. If the metered bill is higher than the flat rate bill , the customer pays that. They will be warned of such in the agreement. 6. This program will cover the cost of the m eter and, if need be, the cost of installation. 7. If the property changes hands while under this program, all remaining costs immediately become due and payable. 8. The account will have a "Forced Read " notifying everyone that it is participating in the program. 9 . The application of flat rate money to the cost of the meter will only happen when the normal , quarterly bill is paid in full . No transfer of money will happen on delinquent accounts. 10 . The cost of the meter and/or installation must be paid off in 24 months. At that time, any unpaid balance will be added to the water bill. Daniel L. Brotzman February 12, 2007 Page 2 A 17. 't Our major efforts during January were confined to Englewood's Centennial Lake and Park wells, and the FRICO/United/East Cherry Creek cases. Centennial Lake is a minor but troublesome issue, about which the Water Commissioner is very concerned. We hope to resolve the matter without Water Court action, although the Water Commissioner has initially insisted upon it. There are two problems with Centennial Lake. The first is that it is a former gravel pit, part of which was excavated after 1980 . That part of a gravel pit which was excavated after 1980 is subject to an obligation to replace the increased evaporation which results from creation of an exposed water surface. A substitute supply plan which covers the evaporation loss may be obtained from the State Engineer. Such a plan was obtained in 2000 and has been carefully followed since then (i .e., Englewood has released water to the river to cover evaporation, in the amount required by the substitute supply plan). In 2002 the statutes relating to substitute supp ly plans for wells were changed to prohibit substitute supply plans unless there was an application filed in Water Court seeking a decree for an augmentation plan. However, the statute allowing substitute supply plans for gravel pit augmentation was left unchanged. Unfortunately , the Water Commissioner, who is new, thinks Englewood must have an application filed for a Water Court decree in order to continue with our substitute supply plan for the gravel pit. We are attempting to convince the Water Commissioner (and probably the Division Engineer) that Englewood does not need a Water Court application or decree for replacement of gravel pit evaporation. We have sent him the applicable statute and an explanatory letter. We are seeking a meeting with the Water Commissioner, and probably Jim Hall , the Division Engineer, to resolve the issue . Again, Englewood has not "harmed the river"; we have made our replacements. The object is to avoid an unnecessary expedition to the Water Court. The second problem with Centennial Lake is that the Parks Department (some time ago) put a pump in the lake and uses water from the lake to irrigate a park area. Again, some time ago a substitute supply plan was obtained to cover depletions from that pumping, and Englewood has been following it. Unfortunately, under the 2002 statute , a substitute supply plan for that pumping cannot be allowed unless there is a pending Water Court application, and there is none. However, it appears to us that the pumping can be covered by an undecreed exchange from the river up the outlet stream from Centennial Lake to the pump. An exchange does not require a decree, and this one would be very simple indeed. It wo uld involve only the release to the river, of the amount of water being pumped, from one of Englewood's many decrees. The released water Daniel L. Brotzman February 12 , 2007 Page 3 would satisfy the particular calling right in the full amount of the pumping, so there would indeed be an exchange. The exchange concept is dependent on the existence of a stream from Centennial Lake to the river. I am advised by Joe Tom Wood's staff that such a stream exists. The Water Commissioner wants to put off a decision on the matter until spring when the snow is gone and he can observe the flow from the lake to the river. At that time, we will probably set up a meeting between Joe Tom Wood 's people, someone from our offi ce , the Water Commissioner, and probably the Division Engineer. Again, the object is to avoid filing in the Water Court. The FRICO/United/East Cherry Creek cases ar e in a temporary lull . Our activities have consisted 1) of attempting to force the Applicants to use an adequate area/capacity curve for Barr Lake , and 2) analyzing and outlining the work which must be done well in advance of the next trial , which is set for April of 2008 . It appears , at present, that the Applicants will accept an adequate curve. (Nothing is ever easy in these cases.) The application for a decree for an augmentation plan for the park wells now appears likely to settle . The opponents were Denver, Thornton and FRICO. Denver and Thornton have settled , at least verbally. FRICO has been stubborn (as you might expect); but at this point they apparently will settle if their engineer determines that our accounting is adequate (which it is). In order to get the parties to pay attention and settle , we had to send out extensive interrogatories and set depositions of their people. It appears that rather than answer or appear for depositions, they will settle . As I have noted before , every senior ditch in the Brighton to Platteville stretch is now subject to a change case from agricultural to municipal use. Those ditches have rights which are senior to Englewood 's core direct flow rights. Englewood cannot allow the municipalities to take more than the lawful use . We are carefully monitoring the case s and attempting to settle on the basis of adequate engineering and adequate decrees. Thus far , none of them has erupted into a potential trial , but many are in their earliest stages. 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 related 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.