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2008-01-08 WSB AGENDA
WATER& SEWER BOARD AGENDA Tuesday, January 8, 2008 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE NOVEMBER 13 , 2007 MEETING. (ATT. 1) 2 . CO WARN MUTUAL AID ASSISTANCE AGREEMENT . (ATT. 2) 3. WATER RIGHTS UPDATE FROM DAVID HILL DATED NOVEMBER 12 , 2007 AND DECEMBER 11 , 2007. (ATT . 3) 4. CITY DITCH BETWEEN OXFORD AND PRINCETON. (ATT . 4) 5. LOW FLOW APPLIANCES. (ATT . 5) 6 . GRANULAR ACTIVATED CARBON LEASE AGREEMENT . (ATT. 6) 7. SOUTHGATE/S. ARAPAHOE AGREEMENT FOR REIMBURSEMENT. (ATT . 7) 8. 4 YARD DUMP TRUCK. (ATT . 8). 9 . OTHER WATER AND SEWER BOARD MINUTES November 13, 2007 A TT. I The meeting was called to order at 5:02 p.m. Members present: Members absent: Also present: Bums, Clark, Higday, Cassidy, Wiggins, Oakley Moore, Habenicht Stewart Fonda, Director of Utilities 1. MINUTES OF THE OCTOBER 9, 2007 MEETING. The Englewood Water and Sewer Board approved the minutes of the meeting of October 9, 2007 meeting. Mr. Higday moved; Mr. Bums seconded: Ayes: Nays: Members absent: Motion carried. To approve the minutes from the October 9, 2007 meeting. Bums, Clark, Higday, Cassidy, Wiggins, Oakley None Moore, Habenicht 2. 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. 3. LICENSE AGREEMENT AND ENCROACHMENT FOR SWEDISH MEDICAL CENTER STORM SEWER AND SANITARY SEWER. 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 at the front entrance tum-around at Swedish Medical Center off East Hampden A v e. 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. Mr. Bums moved ; Mr. Cassidy seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the License Agreement and Encroachment for Swedish Medical Center Storm Sewer and Sanitary Sewer. Bums, Clark, Higday, Cassidy, Wiggins , Oakley None Moore, Habenicht 4. TANK REPAIRS TO THE CLARKSON STREET 6-MILLION GALLON RESERVOIR. 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. Stu noted that since this project is sensitive to seasonal weather and time is of the essence. The bid opening will be November 21 and must be sent to Council on that day to make the December 3, 2007 meeting. The Board is recommending the project to Council provided the lowest, acceptable bid is $150,000 or under. Mr. Bums moved ; Mr. Cassidy seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the tank repairs to the Clarkson Street 6-million gallon reservoir roof, provided the lowest, acceptable bid is $150,000 or under. Bums, Clark, Higday, Cassidy, Wiggins, Oakley None Moore, Habenicht 5. CONFIDENTIALITY AGREEMENT WITH PARK COUNTY & S. PLATTE WATER CONSERVANCY DISTICT RE: SPORTSMEN'S RANCH. Englewood's water rights attorney, David Hill, submitted a Confidentiality Agreement to allow Mr. Hill to work with the County of Park, Upper South Platte Water Conservancy District, the Center of Colorado Water Conservancy District, the City of Thornton and the Centennial Water and Sanitation District. The Confidentiality Agreement would allow a joint effort to collect on judgments awarded against Park County Sportsmen's Ranch. The original litigation (Case #96-CW014) was an aggressive water rights application involving the Park County Sportsmen's Ranch and the City of Aurora. The initial trial took place in 2000 with judgment costs for litigation costs awarded to the objectors in 2003. Englewood's share awarded was $100,000. The applicants in the case had funded their case through loans so no payment was received, just a recorded interest in the ranch. This agreement would allow Englewood and the parties involved to exchange information and share costs and strategies. The Confidentiality Agreement would allow the objectors to share and exchange information and keep information confidential to determine whether to pursue the judgment further to collect our share. Other parties in this agreement have already signed a joint prosecution agreement. Englewood is waiting to determine if it should join the effort based on the results of the efforts of the other parties. The Confidentiality Agreement will allow Englewood to evaluate the efforts. Mr. Habenicht moved; Mr. Wiggins seconded: Ayes: Nays: Members absent: Motion carried. To approve the Confidentiality Agreement with Park County, the Upper South Platte Water Conservancy District, Center of Colorado Water Conservancy District, City of Thornton, City of Englewood and the Centennial Water & Sanitation District. Bums, Clark, Higday, Cassidy, Wiggins, Oakley None Moore, Habenicht 5. WATER BOARD CHRISTMAS PARTY. The Englewood Water and Sewer Board Christmas dinner will be held December 10, 2007 beginning at 5:00 p.m. at the Northwood's Inn. 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 Date January 22, 2007 INITIATED BY Utilities Department A TT. 2 COUNCIL COMMUNICATION Agenda Item Subject CoWarn Mutual Aid and Assistance Agreement STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their January 8, 2007 meeting, recommended Council approval of the Colorado's Water/Wastewater Agency Response Network (CoWarn) Mutual Aid and Assistance Agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Colorado Water and Wastewater Agency Response Network (CoWARN) is a network for municipal utilities departments to help other utilities departments during emergencies . CoWARN would provide a method for water and wastewater utilities that have sustained or anticipate damages to receive intrastate assistance in a timely manner. Participants can then receive or provide support in the form of personnel, equipment, materials and other services. CoWARN was established because in past disasters, it was discovered that municipal utilities operations are a specialized field with special requirements and the entity in need must be self- sufficient until the arrival of other government aid . CoWARN enables quick response time at local and state levels of government during natural and human caused events . FINANCIAL IMPACT The responding party would provide an itemized bill within 90 days to the requesting member for expenses incurred for providing assistance . The requesting member must pay the bill in full within 45 days following the billing. Any unpaid bills will accrue interest at the bank prime loan rate. LIST OF ATTACHMENTS Ordinance Agreement Colorado 1 s Water/Wastewater Agency Response Network (CoWARN) Mutual Aid and Assistance Agreem.ent This Agreement is made and entered into by public and private Water and . Wastewater Utilities that have, o)i' executing . thi.s Agreement,. manif¢sted their in tent to participate in Colorado's Water/Wa~~ewater AQ~flG}i Respense Network (CoWARN). This Agreement is authorized under Sections 24-32-2113 and 24-110-101, et seq., of .the Colorado Re.vl~E!d Statutes. ARTICLE I. PURPOSE Recogn iziri g that emergencies may require assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatory utilities established CoWARN. Through CoWARN, Members coordinate response activities and share resources c;luring emergencies. This Agreement sets forth the procedures and standards for the administration of CoWARN. ARTICLE II. DEFINITIONS A .. Emergency-A natural or manmade event that is, or is likely to be, beyond the control of the servii::es, personnel, equipment, and facilities of a Member. A shortage of untreated (raw) water, a decline in wel.1 yields, or inadequate capacity for treatment or delivery of treated water is not an Emergency. B. Member-Any public or private Water or Wastewater Utility that manifests intent to participate in CoWARN by executing this Agreement. C. Authorized Official-An employee of a Member that is authorized by the Member's governing board or management to request assistance or offer assistance under this Agreement. D. Requesting Member-A Member who requests ass istan ce under CoWARN. E. Responding Member-A Member that responds to a request for assistance under CoWARN. F. Period of Assistancfr-A specified period of time when a Responding Member assists a ReqLjesting Member. The period commences when personnel, equipment, or supplies depart from a Responding Member's facility and ends when the resources return to their facility (porta l to portal). All protections identified in the Agreement apply during this period. The specified Per io d of Assi stance may occur during response to or recovery from an Emergency, as previously defined. G. National Irn:ident Management System (NIMS)-A national, standardized approach to Incident mana~ement and response that sets uniform processes and procedures for emer-gency res.ponse ope~tiQ.ns : http://www. fema ,g.ovteit:rergency/Kirhs/index.shtm ARTICLE III. AD:MINISTRATION C:o\NARN . s..ha.11 be a,dministereo through R:egion<;il Committees arid a Statewide Committee. The purpose of a Regi0nal Committee is to provide local coordination of CoWARN before, during, and after ah Ernergerity. The statewide Committee will establish the regions pursuant to its Bylaws. Each Regional Cornmittee, under the ReViSed 11/26/07 leadership: of an , elected Chairperson, shaJI in~et ~t leaStr :<;inni.iaUy tQ aqqr--e.-s~· CqW,A,ft!N Js~w~~ and to revi~w 8m(Srgerte¥ 'W:eparedness and re~ponse procedl.tres. 1he :thaitp.~rsnn: 61: 'eaBh R¢~{e'naf Committee repres~tr~ his/her f{~gi0n~! tommitteei interest$ 0fl the $~t~wide: commlttee: rn <i.fJQitfpn to ' representing the interests. ~~~!¥ir~~~~~;r~e~~l¥~i - orsanraat!roms. w:rrcler the readetshif} of thee Cfl~TfPersqfl,. .the; St?t~i@~ t~rrrmj~¢.¢! rn~r:ri:hiers sh.aff plan :ans coorEll'fllat~ £m,e:rgen·oy p!annih{j and response ad:i\i.it[es for t.oWARN. , · ARTi:CbE ,IV •. REOUE~ F.(i)k ASSIS'rANCE A. 5?$::::~~~~~r~~i!e!S:rts:~~?==::,:t= shall maintain a· list of all Members in the. respective r€gion and th~it. tont~d ipf(,)rm~finn> The $.tC!te~r~.e C-otntnlttee Chairperson shall. 111aintarn a rn.ai:;Jer IJst of 'aJi Members of toWAR:N and their ct1ntart infprm(ltion,, Vl/hJth shall b~ availabl~ to M.e.rrib~r'-S <?t~;q;iwam.0.rg:, B. ~tt~:f~/~~;-1J;:;:~.1;0~eP!~f~~~~~;nM;:;~!~~q~es~~~e~~~~~~~~~;,. :~:~::!~1~~~~~f~ writing, Wfien ·mttcl¢ orally, the reqtiest fbr )J~rso.hne'l_,. ~qul13ntent~ an·d ~upj:)lies sb.alJi be ;-prepa:red in W'rTtirig,~ ~.s sq:q>Jl ~s· Pfiii¢;1~able~ Reqwests for 9.~$iStii!D'C¢ shal( b .~ Giretted tQ th~. A.IJ1'.hpri;z:€d Officials. C)f th~. pa.fticipaWf'if] Nl'emner-s. The' Reque5ting; 1~1e'tilfaer, shall pt:t>Vkle ttre,partiti~'8tirt;9 ~·Memh~ks witn the f0.lltivilng; in:formetton; · , 2 4. the name of the person or persons to be designated as supervisoty personnel; and 5. the estimated time when the assistance provided will arrive at the. location designated by the Authorized Official of the Requesting Member. D. Discretion of Responding Member's Aut.horfzed Offfcial: Execution of this Agreement does not create any duty to respond to . a request for assisrahce. Wher\ .. a. Member receives a r:eq\jest for assistance, 'the Authorized Offi(;ial sh9i1 have absolute d1$cr::et1b,h qs to the availability cif reS:6urces. An Authorized Offiei'al's dedsions on the availability of resources shall be final. AR.IlCLE V. RESRONDING MEMBER P·ERSONNEL ANO EQUlPMENT A. National Incident Mana.gement System (ivlf1S}: When providing assistance under this Agreement, the Requesting Member and Responding Member shall be organized and shall function under NIMS. B. Control: The personnel and equipment of the Responding Member shall remair\ at all times, under the direct supervision and control of the designated supervisory personnel of the Responding Member . In instances where only equipment is provided by the Respori'ding Member, the ownership of said equipment shall remain with the Responding Member, and said equipment shall be returned to the Responding Member immediately upori request. Representatives of the Requesting Member shall suggest work assignments ans sc;hedule.s for the personnel of the Responding Membef; however, the desigrrated supervisory 13ersonnel of the Responding Member shall have the exclusive responsibility and .authority for assigning work and establishing work schedules for the personnel of the Responding Member. The designated supervisory personnel shall maintain daily personnel time records and a log of equipment hours, be res~onsible for the operation and maintenance of the equipment furnished by the Responding Member, and report work progress to the Requesting Member. C. Food and Shelter: The Requesting Member shall supply reasonable food arid shelt.er for Responding Member personnel during the Period of Assist~n:te. If the Requesting Member fails to provide food and shelter for Responding Member personnel, the Responding Member's designated supervisor is authorized to secure the resources necessary to meet the needs of its personnel. The cost for such resources must not exceed t,he state per diem rates for that area. The Requesting Member remains re sponsible for reimbursing the Responding Memb.er for all costs associated with providing food and shelter, if the Requesting Member does rmt provide such reso1;1ttes. D. Communication: The Requesting Member shail provide Responding Member personnel with radio equipment as available, or radio frequency information, in order to facilitate communications with local responders and utility personnel. E. Status: Unless otherwise provided by law, the Responding Member's officers and employees retain the same privileges, immunities, rights, duties; and benefits as provided in their respective jurisdictions. F. Licenses and Permits·· Te the extent permitted' PY l~wj !4esponding M1;irnJ;>,er P~f?Onpel who hold license.s, certificates, or · p:ermim · -evidehdng prof.~'sibtii:d( m:ethanfoal_, or othet skills shall be aJl©Wed to carry out acti\titfos and t~sks r'¢1evant and related to their respective credentials during the ~pedfied Period of Assistance. Revised 11/26/07 3 @. Right to Withdraw: The: Roespo'nGfing Mernb'.ers Authofizetl Offreil:ll :retains the. right to ;. witl~mlraw· sorn~ 9r au of lts re;Sour-ce$. at flJlY t.lm~> N"0t16'e Of rnxention tp , wltbdraW .rnust be com·municate.d to. the Requesung . Member's Authorized O'ffidal as soan as p.ossible. · ~; Riqp/fJ.fTJf;f1L' The ResQonc;H11g Memb·i;rsha.llpe: retmJJt,n~$~d for tbe Ji.$.~r -O,f its equipm~nt ;d'.utlri:9 t be'f.Ye'niod of AssiS:taf:lce accordihg ti<? the $eMed.ule of Equtpm~nt ~~,te~ ~~~pJwh~q an~ pupJi$'h:~~ ~¥ th~\ B¢!E!~t~11 a:r~~~::::i:;"':1i!~~~~~tr~r1r~::::."~~-~ ~ re:~~:~~~,~~:~~:~1?~~=::=~:~~~=if~ :St!:~:~:::E;~E:;:!~~=4::t~~~~~:r=-: r.~;=~~i~--l:t&;:::~:::ts:~~ N@tbJn~i i;:ontained ner~jn w111 t(;).)J$\1t.ute> ~ waiv~r ;l)y ~my Membe.r ,of tne provisions of we, Coto:rado G·9verrime11f.alirnmunity Acrt; CJtS. ,§, ~~"i'Chl01 .. et se;q. . 4 ARTICLE VIII. SIGNATORIES In the event of a claim, demand, action, or proceeding of whatever kind or nature arising out of a specified Period of Assistance, those Members who receive and provide assistance shall be totally responsible for any liability, damages, or costs . Those Members whose involvement in the subject transaction or occurrence is limited. to execution of this Agreement shall have no liability or responsibility whatsoever for any Sl.Jch clqirn 1 action, demand y or other proceeding. ARTICLE IX~ NOTICE A Member that becomes aware of a daini or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Members of this Agre ement shall provide prompt and timely notice to . the Members that may be affected by the suit or claim. Each Member reserves the right to participate ih the defense of such claims or suits as necessary to protect its owh interests . ARTICLE X. EFFECTIVE DATE AND TERM This Agreement shall be effective after the Memb er exec utes the Agre ement and the applicable Regional Committee Chairperson receives the Agreement. This Agreem ent shall continue in force and remain binding on each and every Member until December 31st of 2027. Thi s Agreement may be renewed for a period of twenty years upon the signature of those Members w.ho wish t o participate. Any Member may terminate its participation in this Agreement pursuant to Article XI. ARTICLE XI. WITHDRAWAL A Member may withdraw from CoWARN by providing written notice of its intent to withdraw to the appliG,ible Regional Committee Chairperson. Withdrawal takes effect sixty (60) days after the Regional Committee Chairperson receives notice. A withdrawing Member also shall provide copies of the notice of withdrawal to the Statewide Chairperson and all Regional Members, Withdrawal of participation in CoWARN by a Member shali not affect the continued operation of this Agreement between and among the remaining Members. ARTICLE XII. MODIFICATION No provision of this Agreement may be modified, altered, or rescinded by indivldu(ll Members. Mocjifi~.ations to this Agreement may be due to programmatic operational changes to support the Agreement. Modifications require a simple majority vote of Members within each reg io n an d a unanimous agreement among the regions. The Statewide Committee Chairperson must provide writte n noti ce t o all Members of approved modifications to this Agreement. Approved modifications take effect sixty (60) days after t he date upon which notice is sent to the Members. ARTICLE XIII. PRIOR AGREEMENTS This Agreement s:upersedes all prior agreern¢nts between Members to the extent that such prior agre.ements are inconsist..ent with this Agreement. ARnCLEXIV. PROHIBmON ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES Revised 11/26/07 5 This' Agr€ement· is for the sole benefit ©f the M~mbet5:1 .alld no pers.qn or ef;l~W must bave any dghf;$~ l1nG~r tl'Hs Agr.eemetrt as a thlrd~party behenda-ry. AS~i~.flm¢J'its, of behefits and ·del:e~~tfohs· of aUties created bY fhis : Agre:e~rrr~nt qr~. ~rofo!f)J:t~d and !PB~ b.-~ wi~~oµt_ eff~,, · . ;.: . .,. . . ~ ~~~~:~o~r;::t~~=:~:~:a.=::11:e:~::~C:~:b~:::~~:i:rrt::~::::·:1':=i~~,~ execut;in9:~lii!i A:sreement en fh·is . d~v (l)f 2:Jl~, . · Authorized OffiCials: Name~-----------~~------Phone: _________ _ Daniel L. Brotzman November 12 , 2007 Page 2 A IT. 3 During October a great deal of work was put in on these cases , on a variety of tasks. At this point, the cases very roughly break down into five closely-related parts. First is the change of the FRI CO/Burlington shares to municipal use . This is the largest change of water rights to municipal use in Colorado history, and the rights have been unlawfully over-used to an enormous extent. Second is the impact of the 1999 Agreement, which purported to change the 1885 Burlington storage right so that it could not place an upstream call , relieved Denver of the obligation to exchange against that right, and relieved FRICO/Burlington of the obligation to pump Metro effluent into the Burlington Canal before they could call. Third is the new points of diversion, upstream and downstream, and additional storage reservoirs , for the various FRICO/Burlington/Henrylyn rights . There are no adequate measuring devices for the new diversion points, nor is adequate accounting proposed . Fourth is the augmentation plan for East Cherry Creek wells below Barr Lake , which will use FRI CO/Burlington rights as the replacement water. Fifth , the FRI CO/Burlington people are still not fully performing the accounting required by the settlement decree which we obtained in the fall of 2006. To begin with during October, we prepared an elaborate list of legal issues and engineering tasks , circulated it among our various co-counsel, and convened a meeting of all the co-counsel and engineers to allocate those tasks. The list was prepared in conjunction with our engineers and the various co-counsel , and took some time to prepare. The meeting was well attended and useful. Public Service Company decided to become active in the case , and we spent time explaining the case to Public Service 's counsel and engineer. The engineer will provide significant assistance and reduce the burden on Martin & Wood . We performed the following tasks which relate primarily to the change of the FRICO/Burlington shares to municipal use. We reviewed the Applicants' engineering report, and found it deficient in many respects . First, it seeks to guarantee an amount of municipal use which is based on the premise that all past diversions into Barr Lake were lawful. A large part of those diversions were in fact unlawful, so the report seeks a greatly expanded amount of municipal use. Second, it determines the available municipal consumptive use without consideration of irrigation water historically provided by wells or subirrigation, thus overstating historic consumptive use. Third, it attempts to model the requirements for maintenance of historic return flows. But the modeling report is disastrously inadequate . We are preparing motions on all of these issues, and have discussed them extensively with our engineers and co-counsel. Again on the change issue , the Applicant's engineering report grossly overstates the area lawfully irrigated by the 1885 Burlington rights . Along with our engineers, we have done extensive Daniel L. Brotzman November 12 , 2007 Page 3 historical analysis of the irrigated area , including review of deeds which showed the location of the original Burlington shareholders. Finally, a significant portion of the Burlington/FRI CO diversions have been provided by pumping effluent from Metro Sewer into the Burlington canal. In the past, calls were not placed unless full pumping was occurring. We seek a continuation of that regime ; i.e .. we do not want effluent to be bypassed which previously was pumped, ·and do not want calls to be placed even though there is no pumping . This issue closely relates to the 1999 Agreement. With respect to the 1999 Agreement, the following analyses and tasks have been performed. First, and very importantly, Denver has just asked us to meet and try to settle this issue. We will of course take them up on that. We do not have a meeting scheduled, but will try to schedule one before the end of November. (I will be on vacation for the middle portion ofNovember.) We will discuss this with you prior to the meeting. Second, it now appears that the State Engineer's administration of the agreement will enable Denver to divert into Marston Reservoir from Bear Creek, above Bear Creek Reservoir, during the filling period for the 1885 right, which used to be impossible because of the 1885 call (Marston has a 1911 priority). The diversions into Marston will reduce flows in Bear Creek and cut Englewood's ability to use its McBroom ditch augmentation plan, which supplies a lot of water to Centennial. Third , we had an extended controversy with Denver's counsel over obtaining Denver 's diversion records . Denver wanted an inordinate sum for copying. After we threatened to go to the Judge about it, we settled the issue for a relatively small and sensible sum. Fourth, we prepared interrogatories to FRI CO and Denver concerning the 1999 issues , and had them served. (This may have generated the suggestion from Denver that we meet.) Fifth, we drafted a summary judgment motion on the issue . We have not finalized it pending more engineering analysis . Finally, we have had extensive discussions with our engineers , the engineer for Public Service Company, and counsel for Public Service Company, about the impact of the agreement on the river and on Public Service and Englewood. With respect to the new points of diversion and storage, and the lack of adequate measuring devices, we had extensive discussions with our engineers and other engineers, ending in a decision that either Aurora 's engineers or Public Service 's engineers will do the work on these issues (except that Kate Griffin will handle accounting issues). The Applicants disclosed a model with respect to augmentation of the East Cherry Creek wells below Barr lake. Again, the modeling report is disastrously inadequate. An "emergency" early deposition will be necessary concerning the two bad modeling reports. We are engaged in discussion with co-counsel about who will prepare for that and conduct it. It is our present hope that counsel for Public Service will do this. Daniel L. Brotzman November 12, 2007 Page 4 With respect to the still-inadequate accounting, we reviewed the problems with out engineers and concluded, along with co-counsel, that it would be necessary to reopen last fall's case with respect to modeling issues , and have a hearing on them next April as part of the next-scheduled trial. We are hoping that Aurora 's counsel will prepare this motion. The over-diversions which have typically occurred on the FRJCO/Burlington/Henrylyn water rights have been huge , and stopping them presents numerous complex issues. The settlement decree last fall was a good start at reducing some of them , particularly if we can resolve the remaining accounting issues. The 1999 Agreement, which extends the fill time for the reservoirs which fill out of the Burlington system, takes more water out of the river, and threatens our McBroom augmentation plan, is an additional problem . I think we are making progress on all this , and I am encouraged by Denver's suggestion that we have a settlement meeting on the 1999 Agreement. 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. 2. Cooley Gravel Company (90CW020) (#289): This case seeks storage rights in Cooley North Lake and Cooley South Lakes Nos. 1 and 2 (gravel pits) along the South Platte River in Water District No . 2. Englewood is in this case to make sure that proper accounting and administration will be provided to prevent any abuse of the senior, direct flow rights by using them to fill these junior storage rights . We prepared for a Referee status conference. 3. Buffalo Park, et al. (94CW290) (#341): Applicants seek ground water rights, surface water rights, 'change of water rights and an augmentation plan, including exchange for the purpose of providing augmentation water to four subdivisions located in the Bear Creek/Turkey Creek water shed in the Evergreen area. Englewood entered this case to preserve return flows from Warrior Ditch. We have reached a stipulated settlement with applicant and will continue to monitor the case for compliance with that stipulation . We reviewed pleadings regarding reply brief by Co-Applicants- Appellants and oral argument setting. 4 . Ready Mixed Concrete Co. (90CW039) (#343): We have entered this case by motion to intervene at the request of the Referee of Water Division No. 1 because it is closely related to 90CW017 and 92CW016 (in which Englewood is already an Objector). We prepared for and participated in a Referee status conference. Daniel L. Brotzman December 11 , 2007 Page 2 First, in the interest of the budget, the bill has been reduced by $3 ,950.00 as follows: $950.00 for Geoff Williamson, $1 ,000 .00 for Pat Gabel , $1 ,000 for Jen Zimmerman, and $1,000 for Preston Johnson from standard hourly rates. The following time spent on deed research has been withheld from this bill: $8 ,352 for Angela Johnson and $5 ,692.50 for Jamie Ryan . Aurora has expressed a willingness to pay some of these charges, and I am therefore holding the bill for the paralegal time until we have finished negotiations with Aurora. Greeley has also expressed an interest in helping (see below). I hope this will be the largest bill on the FRI CO /United/East Cheny Creek matter which you will see for a while. The work which generated the large bill is primarily the factual research necessary to establish the very large and unlawful expansion of the 1885 Burlington right, which is being changed to municipal use . We of course hope to constrain the municipal right to the lawful use , prior to the expansion. The background is this . The 1885 right initially served only two small reservoirs , Barr and Oasis , and a short stretch of ditches. (There was both a storage right and a direct flow right.) Every indication is that the geographical area initially served was south of present highway 52 , which goes from Fort Lupton to Hudson , and essentially within the center of Beebe Draw. In 1909 FRICO bought a number of Burlington shares , and in addition entered into an agreement with the Burlington Company for the enlargement of Barr Lake and its feeder canal , the Burlington/O 'Brian Canal. FRI CO enlarged the lake and the feeder canal , and built new irrigation canals which extend some fifty miles north of Barr Lake (way north of highway 52), and which also encompass a much wider area, some of it outside of Beebe Draw. After that, the Burlington water was sent throughout the new FRICO system, greatly enlarging the area irrigated. Water Commissioner records show a concurrent substantial increase in diversions under the Burlington rights. If we can clearly prove the extent of the original use of the Burlington right, we should be able to constrain the municipal use to a much lower level than that which has been used by FRICO since the 1909 Agreement. In order to make that proof, our office and Martin and Wood have taken the original Burlington shareholder list and compared it to deeds taken in the names of those shareholders in the Beebe Draw area. The deeds show where the Burlington water was originally being used. Some of the deeds are found in the records of the old Arapahoe County (now mostly Denver), and those have been fully searched . Those records were kept in such a way that the search was extremely time consuming (unexpectedly so). The search has now progressed part way through the records of Adams County and Weld County, which are much easier to search. It should be completed soon. At this point, it is being conducted by relatively inexpensive contract employees of Martin and Wood. Daniel L. Brotzman December 11 , 2007 Page 3 I am advised that the search has been quite successful , in that it shows a pattern of use in the what we believe to be the original area, prior to the FRI CO expansion. But it was expensive indeed. It took a great deal of time spent by two paralegals, and some time of associates . The work must be completed and disclosed by early January, so it has been essential to press ahead. As noted , Aurora's counsel has indicated that Aurora would consider paying some of these costs. We have recently provided the numbers to Aurora, and asked that they pay $25,000, which is slightly less than half the cost of the total of our work and Joe Tom's work. There has not been time for Aurora to respond. Greeley has also expressed , verbally , a desire to participate. The Greeley communication was with Joe Tom Wood , who is following up on it. In addition to the foregoing work , we prepared drafts of summary judgment motions , prepared and filed answers to interrogatories, consulted extensively with other counsel , consulted with our engineers , analyzed the inadequacy of Applicants' modeling, and performed extensive legal research . 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. 2. Park County Sportsmen's Ranch (96CW014) (#364): The current billing is for review of correspondence regarding collection of the judgment for costs , pleadings regarding release of Ken Burke 's supersedeas bond and pleadings regarding setting of Judge's status conference . We will soon know ifthe Applicant can pay any of the costs. We discussed and corresponded regarding collection action against Park County Sportsmen to collect costs and an agreement regarding Englewood 's participation with other opposing counsel. 3. Centennial (2001CW101) (#494): This is an application for a diligence decree for Centennial 's conditional storage right in Chatfield Reservoir. Englewood entered this case to monitor the use capacity of the Chatfield Reservoir Outlet Manifold to deliver water through the Nevada and Last Chance Ditches. We participated in a Referee status conference. AT T. Lf Leigh Ann Hoffhines From: Leigh Ann Hoffhines Sent: Wednesday, December 05, 2007 9:36 AM To: Stu Fonda Cc: Sue Carlton-Smith; Gary Sears; Mike Flaherty; Bill McCormick; Leigh Ann Hoffhines; Dan Brotzman Subject: Council Requests We received the following Council Requests this week: 07-184 (Aid to Other Agencies Inquiry) Requested by: Mayor Pro Tern Moore Assigned to: City Manager's Office Inquiry regarding other municipalities' policies and processes for giving charitable donations (a la Aid to Other Agencies). 07-185 (Inquiry re: City Ditch Plans) Requested by: Council Member Mccaslin Assigned to: Utilities Bob Mccaslin received a letter from a homeowner regarding t he City Ditch between Oxford and Princeton along South Huron. (approximately 4000 to 4100 block) Homeowners have heard this section of the ditch will be filled in, and they are opposed to this happening. Bob wants to know what are the City's plans for this area and will drop off the letter he received tomorrow morning. Thanks ... LA Leigh Ann Hoffhines Communications Coordinator City of Englewood 1000 Englewood Parkway Englewood, CO 80110 303-762-2316 12/6/2007 A u,s·hn 06,ern 1rV0;j1'e Ip If (J 5"· l!-1~ i· on c · ~+ £h 1.k_t~~uvd -CJJ. yd II J I) . OXFDl(D rl /\ J 1 t' .,,, \J ~ ~ T .., I c. t ll . &f'!O r; & k A ·j -;" .q:-:-" n ~; ' ( ,,, .. --·-~-·- \ A T7. 5 To: Leigh Ann About : Council Request 07-187 \ Regarding request 07-187 , the Community Development Department would handle any environmental grants for residences or businesses. The only environmental rebate or assistance program they know to be currently available would be the Brownstone grants. Application is made through them. Also, we believe energy conservation programs (like peak demand programs) are available through Xcel Energy . Application is made directly to Xcel Energy. There are no energy savings programs in the city. The Englewood Water and Sewer Board has previously discussed the subject of rebates for water saving appliances and fixtures. Some of the issues considered were: . 1) Englewood has enough water to meet its present and future development needs. We currently have enough excess raw water to lease a significant quantity to Highlands Ranch. 2) Significant water conservation has been achieved without a rebate program. Englewood's reductions in water use exceeded most other cities when water restrictions were in place for the other cities. Englewood has not had any water restrictions. We believe our customers may conserve to avoid mandatory restrictions. Transferring customers from flat rate to meters has also had a significantly positive effect on water use reductions. 2) Funding for the programs would have to come out of water revenues. We would have to add staff and acquire the expertise to run the programs. Current employees do not have any expertise in this area 3) In Englewood's aging sanitary sewer system (circa 1920-40) higher flows are needed for the system to function properly. Many of the old sewer pipes are flat and the insides are rough and irregular. In some cases low flows allow the solids to settle out causing blockages. 4) New construction is presently required to install water saving fixtures. This item will be presented to the Water and Sewer Board at their meeting January 8, 2008 . John Date January 22, 2007 INITIATED BY Utilities Department ATT.<o COUNCIL COMMUNICATION Agenda Item Subject Granular Activated Carbon Lease Agreement STAFF SOURCE Stewart Fonda, Director of Utillties COUNCIL GOAL AND PREVIOUS COUNCIL ACTION . ; Council approved the GAC (Granular Activated Carbon) lease Agreement with American Commonwealth Management Services, Inc. (ACMS) at their October 19, 1998 meeting. Council approved a GAC lease Ag reement with American Water Resource at their February 22, 2005 meeting. RECOMMENDED ACTION The Water and Sewer Board, at their January 9, 2007 meeting, recommended Council approval of the GAC Lease Agreement in the amount of $2,450 per filter for three filters. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Seasonal algae events in the Allen Water Treatment Plant's raw water supplies lead to complaints of musty tastes and odors from Englewood customers. Carbon filters have been used successfully for effective taste and odor removal. The granular activated carbon removes the organic and inorganic material which causes the taste and odor problems. The GAC is leased since carbon requires periodic regeneration and possibly correct dispo~al according to Colorado law. The existing ACMS Lease Agreement has been providing these services but'has expired. ACMS is no longer in existence, but its affiliated company, A.A.E.T. (American Anglian Environmental Technologies, LLC) has taken over that line of business. The ACMS/A.A.E.T. GAC Lease Agreement, which began the fourth quarter of 1998, provides carbon for five filters, each requiring 2,700 cubic feet of GAC. The A.A.E.T. lease agreement provides for labor and equipment for the removal, regeneration and installation into the filters along with GAC testing every six months. Due to increased cost of fuel and increased costs for reactivation of the carbon, the parties wish to redo the lease agreement to provide for the increased expenses. The proposed increase over the existing cost is $400 per month for each filter, making replacement GAC for the five filters $2,450 per month, per filter. Total yearly cost will be $88,200. FINANCIAL IMPACT The American Water Resource/A.A. E.T. Lease Agreement will be for $2,450 per month , per filter effective March 1, 2005 for a thirty month period. LIST OF ATTACHMENTS Ordinance American Water Resources GAC Lease Agreement ~~American ~Water® Carbon Services Group December 12, 2007 Mr. William McCormick Superintendent of Water City of Englewood 1000 Englewood Parkway Englewood, CO 80110 RE: GAC Media Replacement Proposal -Fall 2007 Mr. McConnick: The purpose of this letter is to confirm our pricing for the exchange of filters 2 , 3 , and 4 for this fall/winter of 200712008. American Anglian Environmental Technologies (AAET, LP). known as American Carbon SeJVices (ACS) is our supplier of Activated Carbon and Reactivation Services, have in their inventory a sufficient amount of GAC media, previously used by the City, to exchange one (1) of the three (3) filters scheduled for exchange noted in this letter. The spent GAC media from these three (3) filters will be Custom reactivated, screened to an 8" x 20'" mesh, and placed either back into either filters 2,3 and 4 or p laced in ACS inventory for the Cities future needs. Our price to exchange the (3) filters with Custom Reactivated I Virgin GAC media blend will be $2,450.00 per tilter, effective November 27, 2007. The "terms and conditions of our current GAC Lease Agreement will not change and the term of the lease payments will stay at thirty (30) months. The increase in our price for these three (3) filters is a direct result of higher natural gas costs, diesel fuel prices , as well as the price we pay for virgin GAC used as makeup. ACS is sorry for this increase in our price but circumstances beyond our control forces 1his increase. I understand if you need to solicit other prices and I assure you that we will remain your supplier going forward. Please advise as to your course of action or when this work can commence and we will prep a schedule to complete these exchanges. A.AE.T., LP (known as ACS) appreciates the opportunity to be of service to you and the City of Englewood. If you have any questions please give me a call. ~~~~ James L. Fisher Managing Director Carbon Services Group Date January 15 , 2007 INITIATED BY Utilities Department AT T. 7 COUNCIL COMMUNICATION Agenda Item Subject Southgate/S. Arapahoe Agreement for Reimbursement STAFF SOURCE Stewart Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In May, 2006 Council approved the Agreement for Reimbursement of Southgate Property Owners. RECOMMENDED ACTION The Englewood Water and Sewer Board , at their January 8, 2008 meeting, recommended Council approval of the Agreement between the City of Englewood, South Arapahoe Sanitation District, Southgate Sanitation District and South Englewood Sanitation District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In the early 1990's a clerical error caused 5 accounts that were in Southgate and South Englewood Sanitation Districts to be coded as being in the South Arapahoe Sanitation district. As a result , Southgate and South Englewood Sanitation District's residents incurred the South Arapahoe Sanitation District's maintenance charges , which were higher than Southgate 's and South Englewood Sanitation District's charges . This situation was discovered when a homeowner observed that his property tax notice listed his residence in Southgate , but Englewood 's bill stated he was in the South Arapahoe Sanitation District. He called Englewood and brought it to the attention of the Utilities Department. A similar issue was brought to Council in June, 2006 when 84 such accounts were discovered. South Arapahoe performed an audit and found these last 5 accounts. Notices with instructions will be sent to the affected property residents on obtaining refunds . FINANCIAL IMPACT It is the goal of all involved parties to resolve this matter so the owner/residents of the properties are refunded the overcharge amounts and Southgate Sanitation District is reimbursed for its uncollected service charges. One year after the date of the publication of notice, any remaining unclaimed funds will be turned over the State of Colorado . The South Arapahoe Sanitation District has calculated the amount of the refunds due the owners of the properties , including interest rates based on rates earned by South Arapahoe during the time period. The City of Englewood and South Arapahoe have consulted their records and all concur with the amounts noted. LIST OF ATTACHMENTS Agreement Bill for Ordinance AGREEMENT THIS AGREEMENT entered into with an effective date of January 1, 2008, by and between the SOUTH ARAPAHOE SANITATION DISTRICT, a Colorado special district (hereinafter "SASD"), the CITY OF ENGLEWOOD, a Colorado municipal corporation (hereinafter the "City"), SOUTHGATE SANITATION DISTRICT, a Colorado special district (hereinafter "Southgate"), and SOUTH ENGLEWOOD SANITATION DIST~CT (hereinafter "South Englewood") (collectively, the "Parties"). WITNESSETH: WHEREAS, SASD and the City have an arrangement whereby the City bills and collects SASD annual customer service charges, and remits the collected amounts to SASD at specified times throughout the year; and WHEREAS, from the years 1999 through 2007, inclusive, service charges for SASD were inadvertently collected from the residential properties listed on the attached Exhibit A (the "Southgate Properties") which are not located within SASD's boundaries, and are in fact located within Southgate; and WHEREAS, from the years 1999 through 2007, inclusive, service charges for SASD were inadvertently collected from the residential properties listed on the attached Exhibit B (the "South Englewood Properties") whicl;i. are not located within SASD' s boundaries, and are in fact located within South Englewood; and WHEREAS, the City has a similar arrangement for the billing and collection of Southgate's and South Englewood's annual service charges, and bas not billed or collected the Southgate charges from the Southgate Properties, or the South Englewood charges from the South Englewood Properties; and WHEREAS, Southgate's and South Englewood's annual service charges are lower than SASD's service charge with the resul t that the owners of the Southgate Properties and South Englewood Properties have been overcharged for sewer services during the time above- referenced; and WHEREAS, the Parties wish to resolve this matter so that a) the owners of the Southgate Properties and South Englewood Properties are refunded the amounts overcharged, b) Southgate and South Englewood are reimbursed for their uncollected service charges from the Southgate Properties and South Englewood Properties; and WHEREAS, SASD has calculated the amount of the refund due the owners of each of the Southgate Properties and South Englewood Properties and to Southgate and South Englewood, and in total, including interest based upon the rates earned by SASD on the 1 overcharges during the times in question, which amounts are also included in the attached Exhibit A and Exhibit B respectively; and WHEREAS, the City, Southgate, and South Englewood have reviewed Exhibit A and Exhibit Band consulted their own records and agree that SASD's calculations are accurate and based upon appropriate assumptions and principles . NOW, THEREFORE, in consideration of the facts set forth above and the mutual covenants, terms, and conditions set forth below, the Parties to this Agreement agree as follows: 1. SASD to Pay Southgate: SASD will deliver a check to Southgate on or about December 20, 2007 , in the amount of seven and eight one-hundredths dollars ($7.08) in full and final settlement of all amounts due Southgate in connection with this matter. '; ., 2. SASD to Pay South Englewood: SASD will deliver a check to South Englewood on or about December 20, 2007, in the amount of two hundred seventy-nine and four one-hundredths dollars ($279.04) in full and final settlement of all amounts due South Englewood in connection with this matter. 3. SASD to Deposit Funds: SASD will deliver a check to the City on or about January 20, 2008, in the amount of three thousand eight hundred eighty-four and forty-two one hundredths dollars ($3,884.42), (the "Funds"), representing three thousand three hundred sixty- six and twenty-five one hundredths dollars ($3,366.25) as the total amount to be refunded to the owners of the Southgate Properties, including interest thereon through January 20, 2008, and five-hundred eighteen and seventeen one-hundredths dollars ($518.17) as the total amount to be refunded to the owners of the South Englewood Properties, including interest thereon through January 20, 2008 . The Funds will be paid in trust, to be disbursed by the City in accordance with the terms hereof. Hereinafter, when referring to both the Southgate Properties and the South Englewood Properties, the term "Properties" shall be used. 3. City to Implement Reimbursement: Subject to the terms and conditions set forth in this Agreement, the City shall, at its own sole cost and expense, implement and administer all aspects of the disbursement of the Funds to the owners of the Properties. Such implementation and administration shall include without limitation the following duties and tasks: a. Determination of the correct allocation of the refund due for each of the Properties among the current and former owners thereof. b. Individual, direct notification to all current and past owners of any of the Properties at the last known service and/or billing address of each owner within the time period set forth above that the Funds are available and the procedure and requirements to obtain reimbursement, including appropriate proof of ownership and the initial date of ownership. The City shall have no obligation to search for or otherwise determine the current mailing address of any former owner of any of the Properties. 2 c. Publication of such notice by any ·reasonable means. It is agreed that publication will be the only means of notification of former owners of any of the Properties, other than mailing to the last known address as above provided. d. Determination of an appropriate reimbursement protocol , including without limitation provision for obtaining a release of claims for the protection of the City and SASD prior to the issuance of any check or other disbursement of any Funds. Such protocol shall be submitted to and approved by SASD, Southgate, and South Englewood prior to implementation. e. Disbursement of Funds in accordance with the approved protocol. f. Maintenance of accounts showing the disposition of the Funds, and reporting the status of the accounts to SASD, Southgate,· and South Englewood no less often than monthly. g. Keeping SASD , Southgate, and South Englewood apprised of any issues and concerns that arise during the implementation of the reimbursement protocol, or in connection w ith the City's duties hereunder. 4 . Additional Interest: Immediately upon receipt of the Funds, the City shall deposit and hold the Funds in an interest-bearing account and a proportionate share of the interest earned thereon shall be added to the amount of each reimbursement check paid pursuant to this Agreement, as of the date of such check. 5. Termination of Reimbursement Program and Disposition of Undistributed Funds: The City shall bold the Funds and reimburse eligible parties pursuant to the approved reimbursement protocol until a date one year from the date of publication of notice as provided in subsection 3.c. above, after which time the City shall turn over any remaining funds to the State of Colorado in accordance with the provisions of the Unclaimed Property Act, C.R.S. § 38- 13-101 , et s eq. 6. Enforcement/RemediesN enue: The terms and conditions of this Agreement may be enforced through judicial action brought in a court of competent jurisdiction. Available remedies include specific performance, although the respective Parties each expressly waive any right to consequential, exemplary or punitive damages against the other Parties individually and collectively. The prevailing party to any judicial action brought shall be entitled to recover reasonable attorney's fees and court costs from the other party. Venue for any judicial action shall be exclusively in District Court for Arapahoe County, Colorado. 7. Settlement of Claims: Through the Parties' performance of the terms set forth herein, all claims any Party may have against any other Party with respect to the overcharge of the Properties and the failure to collect and remit Southgate's and South Englewood's sewer charge are hereby stipulated to be settled, and each Party agrees hereby to release, acquit, and forever discharge any and all such claims upon full and faithful performance of the terms of this Agreement. 3 8. Parties' Liabilities: Nothing in this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, sections 24-10-101 et seq., of the Colorado Revised Statutes. 9. Integration; Amendments : This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition , deletion or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent addition , deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory agreement executed by the Parties. 10 . Third-Party Beneficiary: It is the intent of the Parties that no third party beneficiary interest is created in this Agreement, and specifically that no former or current owner of an y of the Properties shall have standing to enforce this Agreement. 11. Financial Obligations: Notwithstaiiding the fact that the City's performance obligations will persist through more than one fiscal year, all of the costs except incidental bookkeeping and administrative costs are anticipated to be complete within 2008 . This Agreement is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of any Party. 12. No Personal Liability : No elected official, director, officer, agent or employee of any Party shall be charged personally or held contractually liable by or to any other party under any term or provision of this Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Agreement. 13. Paragraph Headings: The paragraph headings are inserted herein only as a matter of convenience and for reference and in no way are intended to be a part of this - Agreement or to define , limit or describe the scope or intent of this Agreement or the particular paragraphs hereof to which they refer. 14 . Legal Authority: The persons signing and executing this Agreement on behalf of each of the Parties , do hereby state and affirm that they have been fully authorized to execute this Agreement on behalf of the Party they represent, and to validly and legally bind the Party they represent , to all the terms , performances, and provisions herein set forth . 15. Counterparts : This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original , but all of which shall together constitute one and the same document. [The remainder of the page deliberately left blank. Signature block starts on next page.] 4 IN WITNESS WHEREOF, each of the Parties has executed this Agreement to be effective on the date above written. ATTEST: Gerry Chartrand Title: Secretary ATTEST: By:~~~~~~~~~~~ City Clerk ATTEST: ATTEST: 5 SOUTH ARAPAHOE SANITATION DISTRICT Steven Daldegan President, Board of Directors t., \ CITY OF ENGLEWOOD Mayor SOUTHGATE SANITATION DISTRICT President, Board of Directors SOUTH ENGLEWOOD SANITATION DISTRICT President, Board of Directors "EXHIBIT A'' SOUTH ARAPAHOE SAl'JITATION DIS TRICT Non-District Add.resses (Southgate) Charged by Englewood Average Interest Rates: · Less:, ·Paymei'lts ·.to Account House -s.t8%. · 5.18% 5 .. 01% 3.!Ho/o 1c30%1.TO-% ·1.76% 3.95% 6 :06% 4.86-% 5 .24% 5.29% 5 .1 -0% · 5.54% 3.80% Amgunt'due' be refundecf Number No. Suee~ ' 2008 2.001 ,2006, 2005 2004 2M3. 2002 2001 20.00 1999 199.8 1997 1996 19.95 1994. · to Sou\h9at~ to Homeg~r.;: 36896053737 .5753 E · Links. Cir '$ -s . S 123.oe s 108.45 s ]3;84 s 77.78 ·s s2:1s s 36:56 s 47:38 s 27.5S s. 27.59 s 27.59 s 21.97 s· 29 .57 ·s 29.57 ·S .54.s1 s ·~s.31 lnleresl Earnings.. 3,34 38,59 32.61 15.67 5.54 3.85 5.02 .9 .35 11 .. 38 .7.11 6.0:9 4.6.4 3.24 2.l7 .-0.49 , 1A9..09"' .·$ 3.34 $ 3S.S9 $155..69-'$124.12 s . ;r9.3B $ 81..63 $ 51,1'7 ~ 45.91 $ sa.76 $ 34,10 s 33.68 $ :1c2.23 $ .2s.2.1 $ a1.74 s 3.0~-06 ··s · · 54,Sl· s ·Tt7 ~o 36896053§33 5353 E .Links-'Cir '. $ • S -S 9CJ'.67 $ 84.91 S 73.84 S 1i1.92 S .69:60 '$ 54.5.3 $ 74;36 $ 30.W $ 27.59 '$ 49.72 S 32.78 '$ 41.78 .$ 41.78 ' S -· •• ,54:81 , ,$ •6'1'8:93 : lrtterestEamingi 3.74 43.1§ 37 . .SO 19.38 7.27 .. ·5.39 7.42 13:ss 16 ,64 10.43-9.43 7~27 4 .. 84 3.21 0 ;72 :"' '\~0~3.i. $ 3 .. 74. $ 4 .a.1s .$1Z!l;z7 $104.29 $ 81.t1' $ ~.31 S 77;02 '$ 68.41 $ '91' .• DO $ 4th6g-. $ 37Jl2 .$ 56.9.9 .$ 37c.62 . $ 44.99 $ 42.50 $" ·'54;8'.'!'i c$ :·&'6'!1;,;4tJ . 36896Q53930 5393 E unks cir' s -s -s 94.10 $ se.1 2 '$ ·au4 s a1:so. · s a1 .sa · s 51.06 s ss;92 s 38_.so s 43'.23 s 30 .26 s 31.os ·s 37.14 .s 34.az .s · ~:~1 s •111.~rr trit~rest Earnings a.a6 44,51 3!t86. 29.0:1 7.46 5.37 7.07 12.94 1>5.59 9.60 7:96 .5.97 .4.15 2.as o.59: -,, .· .:.. . 1-a.6~7i1 , ·s :us :t 44~J;1 -$132.9'6 uos.13 $ sa •. so.. $ 9.2.87 s . 8.a.95 s 64~6.o s $2.St $ 48 .. 50'. s s1.1a--$ 3~.23 $ 3s;21 's 39.82 s 35.41 .$/ :, '54.S't ·~ s · ,. 8.9U14 :1 36954052371 .5237 E Nitho.ls Or .S. -·S -$101.36 $ 84,91 $ .81.56 S 6.3.20 $ 52.15 .$· 45.92 $ {16.92 $ 43;2 3 $ 36.75 $ 36.75 $ 27.6.0 S .34:82 S 29,57 SY ·C:~.~1 $ .,,~9 ;93~1 3.53 40.75 35~t3 _11.19 .6 .s4 4.13 6.53 12.44 :rs.02 :s.01 7.48 s .. so 3 .s6 2.32 a.49 -> ·· · · ,, · ·:1to~ss'.:'. 'Interest Eamingsf$ 3;5;3 $ .4.0.75 .$13G.49 $102.70 S s .s..10 $ 61.93 s :58,68· •$' .58.36 .$ 81.94 $ 52~30 $ 44.23 .S 42 .. 25 $ 31.26 $ .37.14 . $ 30.06 '$" :,,._54:$1 $ ; .a20;911 . ·s 14.47 $167.1'0. $553.41 $439.24 $337.19 $.309.74 $2.81.82;. 5237.28 $314.21 $178.19 $166.12 S.tS.7.70 $1.29;30 5153;69 .$ ,38.Q3 :s . :2.:19.24 . c$ 3,;~.6.6~25 '1 Total due ·to S~uthgate I' 219.24 Southgate.interest · :; .. :72.40 : : l~; Amount due fr.om Southgate ·· .·· ·•·• (·284'.5$~L Net due to (from} Southgafli ;s .> 7.qe : ··, Other Refunds Due -Southgate 2 Page 1of1 11/1912007 AccQOflt .House 5.18% 5.18% Number No. Street. 2008 302010591'02 5910' s Ogden Ct $ Other Refunds. Ou.e -Sbdth Englewood "EXHIBITS" SOUTH ARAPAHOE SANITATION DISTRJCT Nc;in-Dislrict .Addresses {S.o:uth Englewood) Charged by Englewood. Average Inter.est Rates: 5.01% 3 .01 % 1.30% 1.10% 1..76% 3.95% 6.0E)% Les~:. 1· Payments te ·· 4.86%l Amount dw:Ho · · ·he refunded 2006 200.5 21 $ 84.68. $ 96.17 $f ?3.51 12. 'f2 ~ :9.4~ $88.43 $52.rs $28.66 $;39.4e $36.79 ($ z€i6~"Rl":l'r .is1:&&': ,.g~ 2 .33 2.46 3.78 3.51 o.89 I . -.·. . .ao.s11. $108.19· $168.2.S $~ 13:42 $90 .. 76 $54;.6'1; $3Z'.44 $42~99 $,~7.68 $ 26'6';19 '$ 5f8:fl -. $11DB ,19~ $1o8.29 $93. 13.42 $90~ 76 $ 54.61 $.3.2A4 .$.42.99 $.37Ji6 . $,; · . -l66;1 , $, ; 518.17.0 • South E.Ogiawoect1 ·· $: · · 266;79':1 · · South Engte:w.oocHn.terest · -•.·· · 12:as Total due to South Englewood ·$· · 279~04 Page 1of1 11/1.9/2007 A TT. 8 COUNCIL COMMUNICATION Date Agenda Item Subject January 22, 2008 Purchase of 4 Yard Dump Truck INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Council approval, by motion, of the purchase of one, new four-yard tandem dump truck from Transwest Trucks, Inc . in the amount of $77,000.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed four-yard tandem dump truck is used for hauling dirt and fill material for main construction and repair. It is also necessary for installing and repairing sections of the City Ditch. The new truck is a replacement for the existing truck #1306, according to CERF replacement schedule. Requests for Bid were sent to five vendors; five responded: Transwest Trucks, Inc . McCandless International MHC Kenworth Burt Chevrolet Colorado Mack FINANCIAL IMPACT $ 79,166.00 $ 82,821.00 $ 83,725.00 $ 85,791.00 $110,594.35 Transwest Trucks, Inc. is the recommended bidder at $77 ,000.00. The Tabulation Sheet bid is $79, 166.00. A change from a tandem axel to a one axle truck adjusted the bid to $77,000.00. It has been approved in the 2008 Budget for CERF replacement, under Sewer Acct. #411605. LIST OF ATTACHMENTS Bid Proposal Tabulation and Quotation sheet City of Englewood Bid Tabulation Sheet Bid Opening: 3/15/07 10:00 a.m. ITEM: IFB-07-105, 53,200 GVW Tandem Axle Dump Truck Ad den. I 300 Hp Parts Vendor Y/N Qty Dump Truck engine opt. Manual McCandless International Ron 303-365-5387 . 1 $ 81,631.00 $ 1,190.00 $ - 16704 E 32nd Ave Aurora, CO 80011 Ellen Equipment Co Tamie 303-364-1888 1 18000 E 22nd Aurora, CO 80011 Boyle Equipment Company Larry 303-287-1200 1 7550 Dahlia St Commerce City, CO 80022 MHC Kenworth Mike 720-941-0833 1 $ 83,125.00 $ 300.00 7007 Sandown Rd . Denver, CO 80216 Kais Brothers Gary 303-298-7370 1 5200 Colorado Blvd Commerce City, CO 80022 Colorado Mack Lou 303-388-6225 1 $ 110,088 .35 $ 225 .00 4850 Vasquez Blvd Denver, CO 80216 Transwest Trucks John 303-289-3161 1 $ 77,936.00 $ 800 .00 $ 200 .00 7626 Brighton Rd Commerce City, CO 80022 Burt Chevrolet John 303-789-6878 1 $ 83,612 .00 $ 1,999.00 $ - 5200 S Broadway 1 $ 84,577 .00 $ 1,999.00 $ - Englewood.CO 80110 1 $ 80,976 .00 $ 1,999.00 $ - --- Shop Service Operator Manual Manual (3) Total Bid Exceptions: N/C for manuals $ -$ -$ 82,821.00 International Model 7 400 58A 6x4 See bid documents $ - NOBID $ -NOBID Did not bid 300 hp options $ 300.00 $ -$ 83,725.00 Kenworth T300 See bid documents $ -NOBID Did not bid 300 hp options $ 247 .00 $ 34.00 $ 110,594.35 Mack cab & Chassis See bid documents $ 290 .00 $ 30.00 $ 79,166.00 Freightliner See bid documents See bid documents $ 180 .00 $ -$ 85,791.00 ChevC8500 $ 180.00 $ -$ 86,756.00 Alternate #1 with OJ Watson Bed $ 180.00 $ -$ 83,155.00 !Alternate ffL w1m Layton tsea (ERROK) Prepared for: Mike Moore State of Colorado and Political Subdivisons 4201 E Arkansas Denver, CO 80222 Phone : 303-757-9798 Prepared by: Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY, CO 80022 Phone : 303-301-7418 QUOTATION M~ 106 09NVENTl?NAL CHA~SIS SET BACK AXLE -TRUCK CUM ISC-285 285 HP @ 2000 RPM , 2200 GOV, 800 LB/FT @ 1300 RPM . AF-13 .3-3 13,300# FF1 71 .5 KPl/3 .74 DROP SINGLE FRONT AXLE 12 ,000# TAPERLEAF FRONT SUSPENSION ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION 106'1 BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 3950MM (156") WHEELBASE 11/32"X3-1/2"X10-15/16" STEEL FRAME RS-23-160 23 ,000# R-SERIES SINGLE REAR AXLE 23 ,000# FLAT LEAF REAR SPRING SUSPENSION WITH HELPER AND RADIUS ROD (8 . 73MMX277 .8MM/.344"X10.94") 120KSI 1600MM (63") REAR FRAME OVERHANG VEHICLE PRICE EXTENDED WARRANTY DEALER INSTALLED OPTIONS CUSTOMER PRICE BEFORE TAX T A)(ES AN,O FEES FEDERAL EXCISE TAX (FET) TAXES AND FEES OTHER CHARGES TRADE~IN TRADE-IN ALLOWANCE BALANCE DUE COMMENTS : TOTAL# OF UNITS (1) $ $ 10 Ft Ox Body Dump $ $ $ $ $ $ (LOCAL CURRENCY) $ PER UNIT 65 ,676 $ 0 $ 11 ,500 $ 77, 176 $ (176 .0) $ 0 $ 0 $ (0) $ 77,000 $ Projected delivery on _ / _ I _ provided the order is received before _ / _I_. APPROVAL: Please indicate your acceptance of this quotation by signing below: Customer: X. _________________ Date : __ I_ Application Version 6 .3 .310 Data Version PRL-72C .004 City of Englewood 08 Single ax le dump TOTAL 65,676 0 11,500 77,176 (176.0) 0 0 (0) 77,000 12/11/2007 1 :28 PM Page 12of12