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HomeMy WebLinkAbout2010-01-12 WSB AGENDA, WATER & SEWER BOARD AGENDA Tuesday, January 12, 2010 5:00 P.M. COMMUNITY DEVELOPMENT CONF. ROOM ENGLEWOOD CITY HALL 1. MINUTES OF THE JANUARY 12, 2010 MEETING. (ATT. 1) 2. GUEST -JOHN GALLAGHER FROM RED OAK CONSULTING - WATER& SEWER RATE CHANGES. (ATT. 2) 3. S. PLATTERNERIUNION AVE. BOAT CHUTE. (ATT. 3) 4. WORK TRUCK PURCHASE. (ATT 4) 5. ALLEN PLANT ULTRA VIOLET SYSTEM DESIGN . (ATT. 5) 6. CITY DITCH -HURON & OXFORD. (ATT. 6) 7. ARTICLE FROM YOUR HUB,"ENGLEWOOD WATER PLANT SPILL PROBED, STAFF LAUDED ." (ATT . 7). 8. JTAC LUNCH PRESENTATION -"CAN YOUR WATER UTILITY BE FINANCIALLY HEALTH IN STORMY TIMES?" (ATT. 8) 9 . WATER RIGHTS UPDATE DATED JANUARY 7, 2010. (ATT . 9) 10 . OTHER. WATER AND SEWER BOARD MINUTES January 12, 2010 The meeting was called to order at 5 :04 p.m . Members present: Members absent: Also present: Clark, Olson, Higday, Cassidy, Wiggins, Woodward, Mc Caslin, Habenicht Bums Stewart Fonda, Director of Utilities Bill McCormick, Operations Supt. Tom Brennan, Utilities Engineer 1. MINUTES OF THE DECEMBER 8, 2009 MEETING. The Englewood Water and Sewer Board received the minutes of the December 8, 2009 and phone vote of December 14, 2009 approving the minutes of the December 8, 2009 meeting. 2. EXECUTIVE SESSION FOR SECURITY REASONS PER CRS 24-6-402(b ). Mr. Clark moved; Mr. Higday seconded: Ayes: Nays: To have the Water and Sewer Board go into an Executive Session to discuss security measures pursuant to 24-402-4(b) C.R.S. Clark, Olson, Higday, Cassidy, Wiggins, Woodward, Mc Caslin, Habenicht None Members absent: Tom Bums Chairman Clark noted that an affirmative vote of 2/3rds of the quorum was received. Motion carried. The Board was in executive session until 5:55 p.m. Mr. Clark moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. Mr. Bums entered at 5 :50 p.m. To close the Water and Sewer Board Executive Session. Clark, Olson, Higday, Cassidy, Wiggins, Woodward, Mc Caslin, Habenicht None Tom Bums 3) LITTLETON/CITY DITCH BIKE PATH The Board received a list of concerns from Utilities Department, the Utilities Engineer and the City Attorney's office. Mr. Fonda discussed the following concerns and received the following directives from the Board : 1. Should the bike path be allowed along the open ditch ? Contamination concerns were discussed . The Board directed that the bike path not be constructed on ditch right-of-way where the ditch is open. If it is to be constructed on other property near the open City Ditch, it should be a substantial distance from the open ditch and a fence or barrier must be constructed where it is in close proximity to the open ditch. 2. To what degree would Englewood be willing to give up its ability to close the ditch, either temporarily or permanently, at its sole discretion? The Board directed that the City retain legal rights to close the trail for an y reason. 3. Should the use of the City Ditch right-of-way be minimized, even where piped? The Board directed that the use of the right-of-way for the bike path should be minimized. 4. Should Littleton recogni ze that the City Ditch will be piped and that Englewood will not allow historic designation ? Charlie Bloston, Director of Public Works for the City of Littleton, was present and noted that even though there are no existing plans to pursue historic designation , he could not vouch for the intentions of future Littleton City Councils . He also noted that there is an existing ordinance that states that the property owners must approve historic designation before the City of Littleton will pursue. The Board noted that the ultimate goal is to pipe the entire City Ditch and Englewood will not allow historic designation for the City Ditch along the proposed bike path. 5. What entity should Englewood deal with; City of Littleton, South Suburban Parks and Recreation, or both? The Board directed that Englewood deal with the City of Littleton directly and all matters regarding the City Ditch bike path in Littleton . 6. Should there be some consideration, such as weed cutting or maintenance , by Littleton for use of the right-of-way? The Board indicated that Littleton should offer something for use of the right-of-way. An example would be doing general maintenance and weed cutting. 7. Englewood's City Attorney will require a legal opinion that the right-of-way may legally be used for a bike path and will require that an entity step forward to defend this against neighbors. These rights may need to be acquired. The Board indicated that all legal issues must be addressed, and an intergovernmental agreement signed by all parties . 8. Englewood's City Attorney will require an entity to be responsible for construction, maintenance and usage of the right-of-way. The Board indicated that Englewood should deal with the City of Littleton on issues regarding construction, maintenance and usage of the right-of-way. 9. Englewood's City Attorney will require an entity to take responsibility for satisfying all requirements of other utilities crossing the City Ditch. The Board concurred with the City Attorney's requirements . Charlie Bloston with the City of Littleton expressed his concurrence with this condition . 10. Englewood will require an entity to actively patrol and control vandalism , dumping and contamination along the ditch? The Board directed that the City of Littleton must diligently patrol the ditch and control vandalism, dumping and contamination . 11. Stormwater from the path may not enter the City Ditch . The Board directed that stormwater from the bike path may not enter the City Ditch. 12. Intergovernmental Agreement. The Board directed that an acceptable intergovernmental agreement is required between all involved entities. The Board also directed that Englewood be involved with the design of the bike path in the proposed area of Littleton. Mr. Blosten expressed acceptance of the conditions discussed and noted that he will proceed submitting a grant application to Arapahoe County. Mr. Wiggins and Mr. Higday excused themselves at 6:30 p .m. 4. PIPING THE CITY DITCH AT HURON & OXFORD. Alisa Osemwengie and Norm an Henry of 4140 S. Huron St., Daniel & Barbara Fout of 4185 S . Huron St., David Prada of 780 W. Oxford Ave. and Kim Kurczewski of 4160 S. Huron St. appeared before the Board to discuss the piping of the City Ditch at Huron St. and Oxford Ave. Bill McCormick appeared before the Board to discuss the quotes and recommendations from contractors for repairing the ditch bank at west of Huron St. and south of Oxford Ave. The bank in this area is in failure and the house below and the road above are in danger. Mr. McCormick noted the original intent was to line that section of ditch, but the contractors said the bank was too steep for lining and recommended the most economical solution without a structural engineers design, would be to pipe the ditch. A structural engineers design is necessary on banks over 8' deep. This bank is 10.5' deep. Alisa Osemwengie, Barbara Fout and Kim Kurczewski petitioned the Board to not pipe the ditch. They noted the advantages of having an area for children to play, that supports wildlife while preserving an aesthetically pleasing feature adjacent to their yards. Mr. Prada owns the house below the City Ditch where the bank is in failure. He is concerned about the ditch bank failing and flooding his house and damaging others, especially during storms when the water is close to overflowing. He is asking the Board to pipe the ditch . The Fouts, Ms. Osemwengie and Mr. Henry appealed to the Board to have an independent engineer propos e other options that will allow the ditch to remain open. They requested that all present be given a copy of the quotes received, the engineers report and notice of any future projects on this section of the ditch. They wish to be notified of the final decision. Tom Brennan, the Utilities Engineer, noted the serious condition of the bank in this area and the need to make repairs before the ditch begins running again on April 1, 2010. Bill noted that the requested engin eer's report could surpass the cost of the original plan of piping the ditch . Linda Olson requested Utilities staff compare alternatives and get a preliminary study to forward to the citizens that petitioned the Board not pipe the City Ditch. The Board directed Utilities staff to have an independent engineer study the feasibility of leaving the ditch open, along with options and costs to do so. , 5. CITY DITCH LICENSE TO CHERRY HILLS VILLAGE FOR AN EXISTING 1 O" SEWER CROSSING. The City of Cherry Hills Vill age submitted a license agreement for crossing the City Ditch with an existing 1 O" san itary sewer main. The sanitary sewer main was installed prior to 1970 and is located approximately east of 3700 to 3800 S . Clarkson Street and south of Hampden. No licens e agreement could be found for the existing sanitary sewer main in this area. The recommended agreement will enable the C ity of Englewood and Cherry Hills Village to validate the location and address responsibility. Englewood's City Attorney and the Utilities Engineer have reviewed and approved the license agreement and construction easement. Mr. Bums moved ; Mr. Habenicht seconded : Ayes: Nays: Members absent: Motion carried . To recommend Council approval by ordinance of the License -City Ditch Crossing Agreement from Cherry Hills Village for a 1 O" sanitary sewer main crossing the City Ditch east of 3700 to 3800 S. Clarkson and south of Hampden. Bums, Clark, Olson, Cassidy, Woodward , McCaslin, Habenicht None Wiggins, Higday 6 . TRIHALOMETHANE & HALOCETIC ACID ANALYSES . The Board received the Total Trihalomethanes and Ha1oacetic Acids monitoring results for the most recent four quarters. These contaminants are formed when chlorine comes in contact with naturally occurring organic matter in source water. Concentrations above the maximum contaminant level are considered cancer-causing and are regulated by the Safe Drinking Water Act. The contaminants were substantially below the required standards . Because of the upgrade to the All en Filter Plant in 2000, Englewood is ahead of the regulatory curve. The improvements have resulted in lower contaminant levels. 7. GRANULATED ACTIVATED CARBON AGREEMENT . The Board, at their January 12, 2010 meeting, approved the bid from Calgon in the amount of $3,655.82 per filter, per month for a total of $548 ,373 over a thirty month period for the granular activated carbon media for the Allen Filter Plant. Stu noted that the Granulated Activated Carbon Agreement was approved by the City Attorney and will be forwarded to City Council. 8. S. PLATTE /UNION AVE. RIVER WALL MODIFICATIONS. Tom Brennan, Utilities Engineer outlined the proposed South Platte River modifications and Union Ave. to address safety issues . The proposed project is 250' north of the Union Avenue Bridge on the S. Platte River in Englewood, near the raw water intake and pump station. The Colorado Water Conservation Board was contacted by th e South Suburban Parks Foundation with concerns about public safety. The project will improve egress from the downstream pool , reduce eddy velocities, improve line-of-sight to the pool and site signage. Mayor Woodward asked if it would alter the kayak run . Tom noted it will make it safer. Englewood supports these improvements and recommends approving an access agreement, which will be presented to the Board, after City Attorney approval, at a later date. 9. WATER RIGHTS UPDATE DATED OCTOBER 9, 2009 FROM DAVID HILL. The Board received from David Hill, En glewood's Water Attorney, a water rights update dated November 9, 2009. Stu noted dev e lopments in water litigation cases in which Englewood is involved . The meeting adjourned at 7:15 p.m. The next Englewood Water and Sewer Board meeting will be held Tuesday, February 9, 2010 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Isl Cathy Burrage Recording Secretary A TTo 2 MEMO TO: Englewood Water and Sewer Board FROM: DATE : February 2 , 2010 RE: Water and Sewer Rate Changes The attached is a rate study from John Gallagher of Red Oak Consultants. At this time, this is for informational purposes only. Mr. Gallagher will be at the Feb. 9 , 2010 meeting to discuss the study. This rate study will be brought up again at the March meeting for further consideration. 6149004 City of Eng le wood Wate r and Sewer Conn e ction Fees February 2 0 10 Report Prepared By: . · .:.: RED ·. ·.. CONSU LT ING • • A DIVIS I ON or MALCOl1'1 Jl'lRMlr: Table of Contents Contents 1. Executive Summary 1-1 1.1. Introduction ................................................................................................................... 1-1 1.2. Assumptions .................................................................................................................. 1-1 1.3. Proposed Water Connection Fe es ................................................................................ 1-1 1.4. Proposed Sewer Collection Sys tem Connection Fees ................................................. 1-2 1.5. Proposed Wastewater Treatment Plant Connection Fees ........................................... 1-3 1.6 . Proposed Mixed Use Connectio n Fees ........................................................................ 1-3 2. Water Connection Fees 2-1 2.1 . Methodology .................................................................................................................. 2-1 2.2. Calculation Procedure ................................................................................................... 2-1 2 .3. Water System Value ............................................................................................. .' ....... 2-1 2 .4. System Capacity ............................................................ : .............................................. 2-2 2.5 . Fee Calculation ............................................................................................................. 2-3 3. Sewer Collection System Connection Fee 3-1 3.1. Methodology .................................................................................................................. 3-1 3.2. Calculation Procedure ................................................................................................... 3-1 3.3 . Sewer Collection System Value .................................................................................... 3-1 3.4. System Capacity ................................................................................ : .......................... 3-2 3.5. Fee Calculation ............................................................................................................. 3-3 4. Wastewater Treatment Plant Connection Fee 4-1 4 .1. Methodology .................................................................................................................. 4-1 4 .2. Calculation Procedure ................................................................................................... 4-1 4 .3. Wastewater Treatment Plant Valu e .............................................................................. 4-1 4.4. System Capacity ........................................................................................................... 4-2 4 .5. Fee Calculation ............................................................................................................. 4-3 5. Mixed Use Connection Fees 5-1 5.1. Background ................................................................................................................... 5-1 5.2. Proposed Fees .............................................................................................................. 5-1 : ; ;: RED)\ :·· CONSU LTING City of Englewood, Colo rado 2009 Water and Sewer Connectio n Fee Study 6149004 Table of Contents List of Tables Tab le 1-1 : Compa rison of Exi sting and Proposed Water Connection Fees ................................ 1-2 Table 1-2: Comparison of Existing and Proposed Sewer Collection System Connection Fees . 1-2 Table 1-3: Comparison of Existing and Proposed Wastewater Treatment Connection Fees ..... 1-3 Table 2-1 : Water System Value .................................................................................................... 2-2 Table 2-2 : Water Treatment Plant Cap ac ity ................................................................................. 2-3 Table 2-3 : Development of Water Con ne ctio n Fee per Capacity Un it ......................................... 2-3 Table 2-4: Proposed Water Connectio n Fees .............................................................................. 2-4 Table 3-1 : Sewer Collection System V alue .................................................................................. 3-2 Table 3-2: Sewer Collection System Ca pacity ............................................................................. 3-3 Table 3-3 : Development of Sewer Coll ect ion System Connection Fee per Capacity Un it. .......... 3-4 Table 3-4 : Proposed Sewer Collectio n System Connection Fees ............................................... 3-4 Table 4-1 : City Portion of Wastewate r Treatment Plant Value ..................................................... 4-2 Table 4-2 : Wastewater Treatment Plan t Capacity ........................................................................ 4-3 Table 4-3: Development of Wastewate r Treatment Plant Connection Fee per Capacity Unit.. .. 4-4 Table 4-4: Proposed Wastewater Treatment Plant Connection Fees .......................................... 4-4 Table 5-1 : Proposed Multifamily Mi xed Use Connection Fee ...................................................... 5-1 Table 5 -2 : Proposed Commercial Mixed Use Connection Fee .................................................... 5-2 Appendices A. Enter Title Here B. Enter Title Here C . Enter Title Here · ; • · RE ill ~, : ••• · CONSULTING Ci ty of Englewood , Col ora do 2009 Water an d Se wer Co nnection Fee Stud y 6149004 1. Executive Summary 1.1. Introduction The City of Englewood , Colorado (C ity) provides water and sewer service to 8,400 and 43,000 customer accounts , respectively . About 75% of sewer accounts are located outside the City . The City's water and sewer utilities are funded primarily from rates and connection fees. The connection fee is a one-time charge that allows new users to pay for their proportionate share of capacity in the City's water treatment plant and distribution system, sewer collection system, and wastewater treatment plant. The City authorized Red Oak Consulting to update the City 's water and sewer connection fees . This report summarizes study assumptions, procedures, findings and recommendations. 1.2. Assumptions This connection fee study is based on numerous assumptions. Changes in these assumptions could have a material effect on the study findings. Red Oak made the following assumptions in this study: • The buy-in methodology is the best method to calculate the connection fees • Capacity requirements of a 3/4 -inch meter represent the requirements of one capacity unit • Water and sewer mains smaller than 12 inches are contributed by developers • Replacement cost of water and sewer mains are based on estimated rehabilitation cost • Replacement cost of water and wastewater treatment plants are based on original cost trended to current cost using the 20-city Engineering News Record Construction Cost Index 1.3. Proposed Water Connection Fees • Red Oak calculated water connection fees using four standard valuation approaches : original cost, ori ginal cost less depreciation , replacement cost, and replacement cost less depreciation. • Table 1-1 compares existing and proposed inside City water connection fees. . .. . . . .. Existing fees have been in effect since 1982 . Proposed connection fees for each meter size are the product o f the connection fee per capacity unit (3 /4-inch meter) multiplied by the meter capacity ratio . RID '." CONSULTING City of Englewood , Colorado 2009 Water and Sewer Connection Fee Study 6149004 Meter Existing Size Fees 5/8" $ 1,000 3/4" 1,000 1" 1,800 1 Y:t 4,000 2" 7 ,200 3" 16,000 4" 28,800 6" 64,000 Table 1-1 Section 1 Executive Summary Compa ri son of Existing and Proposed Water Connection Fees AWWA Proposed Fees Meter Original Replacement Capacity Ori ginal Cost Less Replacement Cost Less Ratios Cost Depreciation Cost Depreciation 0 .66 $ 1,050 $ 750 $ 2,910 $ 2 ,2 10 1.00 1,570 1, 120 4 ,360 3,320 1.67 2,620 1,870 7,270 5,530 3.33 5,200 3,700 14,500 11, 100 5 .33 8,400 6,000 23,300 17,700 10.67 16,700 11,900 46,500 35,400 16 .67 26,200 18,700 72 ,700 55,300 40.00 62,800 44,800 174,400 132,800 1.4. Proposed Sewer Collection System Connection Fees • Red Oak calc ul ated sewer co ll ection system connection fees using four standard valuation approaches: orig inal cost, original cost less depreciation , replacement cost, and replacement cost les s depreciation . • Table 1-2 compares existing and proposed sewer collection system connection fees. Ex isting fees have be en in effect since 1982 . Meter Existing Size Fees 5/8" $ 500 3/4" 500 1" 833 1W' 1,677 2" 2,667 3" 5,333 4" 8,333 6" 16,667 Table 1-2 Comparison of Existing and Proposed Sewer Collection System Connection Fees AWWA Proposed Fees Meter Original Capacity Original Cost Less Rep lacement Ratios Cost Depreciation Cost 0 .66 $ 110 $ 50 $ 800 1.0 0 170 70 1,200 1.67 280 120 2 ,000 3 .33 600 200 4,000 5.33 900 400 6,400 10.67 1,800 700 12,800 16 .67 2,800 1,200 20 ,000 40 .00 6,800 2,8 00 48,000 · ;_ RED : •••• CONSULTING City of Englewood , Colorado 2009 Water and Sewer Co nnection Fee Study 6149004 Replacement Cost Less Depreciation $ 350 530 880 1,800 2,800 5,700 8,800 21,200 Section 1 Executive Summary 1.5. Proposed Wastewater Treatment Plant Connection Fees • Red Oak ca lculated wastewater treatment plant connection fees using four standard valuation approach es: original cost, original cost less depreciation , replacement cost, and replacement cost less depreciation. • Tab le 1-3 compares existing and proposed wastewater treatment plant connection fees. Existing fees have been in effect since 1982. Meter Existing Size Fees 5/8" $ 1,400 3/4" 1,400 1" 2,333 1 ;!:," 4,667 2" 7,467 3" 14,932 4" 23,332 6" 46,667 Table 1-3 Compariso n of Existing and Proposed Wastewate r Treatment Connection Fees AWWA Proposed Fees Meter Original Capacity Orig inal Cost Less Replacement Ratios Cost Depreciation Cost 0.66 $ 590 $ 490 $ 760 1 .00 890 730 1, 140 1.67 1,480 1,220 1,900 3 .33 3,000 2,400 . 3,800 5.33 4,700 3 ,900 6,100 10 .67 9,50 0 . 7 ,800 12,200 16.67 14,800 12,200 19,000 40 .00 35,600 29,200 45,600 1.6. Proposed Mixed Use Connection Fees Replacement Cost Less Depreciation $ 570 860 1,430 2,900 4,600 9,200 14,300 34,400 Red Oak developed connection fees for developments that include a mix of multifamily and commercial establishments . The proposed mixed use fees are co n sistent with the proposed meter size and single use connection fees using replacement cost less depreciation asset values . Section 5 shows the proposed mixed use connection fees . • : ·.• ~ RED ,, ,, CONSULTING City of Englewood , Colorado 2009 Water and Sewer Connectio n Fe e Study 6149004 2. Water Connection Fees 2.1. Methodo logy Connection fees are usually based on one of the following industry-standard evaluation methods: • Equity buy-in • Incremental cost • Hybrid The equity buy-in method bases connection fees on the value a nd capacity of existing facilities . This method is best suited for existing facilities with excess capacity . The incremental cost method bases connection fees on the value and capacity of future facilities. This method is best suited for utilities that have limited unutilized capacity in and have prepared detailed growth-related capital project plans. The hybrid method bases the connection fee on the combination of the value and capacity of existing and future facilities. This method is appropriate for utilities that have some unused capacity in existing facilities and capacity expansion planned in the near future. Red Oak used the equity buy-in method to calculate the water connection fees. This is considered an appropriate method to use for the City's water u tility since it has ample capacity in its existing facilities to serve future growth. 2.2. Calculation Procedure Red Oak calculated water connection fees using the following steps : • Identify water system assets • Estimate value of assets under four different valuation methods • Determine capacity requirements of one capacity unit • Detem1ine number of capacity units that can be served by existing facilities • Calculate connection fee per capacity unit 2.3. Water System Value Red Oak Consulting calculated the va lue of the City water system for each of the following standard valuation approaches: • ; REG>' ·. ••• . CONSULTING City of Englewood, Colorado 2009 Water and Sewer Connection Fee Study 6149004 • Original Cost • Original Cost Less Depreciation • Replacement Cost New • Replacement Cost Less Depreciation Section 2 Water Connection Fees Original cost values are historic costs of purchasing and installing assets. Original cost less depreciation values are the book value of the assets. Replacement cost values are present-day estimated costs to purchase and install existing assets . Replacement cost less depreciation takes into consideration physical depreciation and obsolescence of existing assets. Original cost and original cost less depreciation are values based on City asset records . Replacement cost values for water line assets are based on es t imates by line size. Replacement cost values for all other assets are based on original costs trended to present day value using the 20-City ENR-CCI. Table 2-1 compares water system asset values for the four valuation approaches. Table 2-1 Water System Value Original Cost Replacement Line Less Replacement Cost Less No. Fixed Asset Original Cost Depreciation Cost Depreciation 1 Treatment Plant $ 20,542,812 $ 15,300,384 $ 34,600,504 $ 24,284 ,849 2 Pumps and Storage 4,396,834 1,586,681 12,927,468 2,856,956 3 Mains 15,089, 114 7 ,995,125 4,626,418 2,451,356 4 General Plant 11,551,563 9 884 451 62,161,229 57,413,563 5 Total System Value $ 51,580,323 $ 34,766,641 $ 114,315,619 $ 87,006,724 2.4. System Capacity Red Oak assumed the capacity requirements of a 3/4-inch meter represent the capacity requirements of one capacity unit. The 3/4-inch meter is commonly used for new single family residential connectors and represents the majority of water meters in service. Capacity units for all other meter sizes are a product of the number of customers for each meter size and capacity ratios of the respective meter sizes. The City's water treatment plant peak day capacity is 28 million gallons per day (mgd) and is sufficient to serve the projected build-out population of the water service area. Red Oak assumes the number of capacity units that can be served by the water system is commensurate with treatment plant capacity . . . •• . . . , . REI'.>), I CONSULTING City of Englewood, Colorado 2009 Water and Sewer Connection Fee Study 6149004 Section 2 Water Connection Fees Red Oak estimated peak day demand per capacity unit using City billing data and peak day demand data. The peak day demand per capacity unit of 1,070 gallons per day (gpd) is the product of 483 gpd average day demand for a 3/4-inch meter and the water system's peak day to average day demand ratio of 2 .22. Table 2-2 shows the calculation of the number of capacity units o f the water treatment plant. System capacity of 26,200 is the quotient of peak day capacity of the water treatment plant and peak day demand of one capacity unit. Table 2-2 Water Treatment Plant Capac ity Line No. Description Calculation 1 Peak Day Capacity of Water Treatment Plant (GPO) 28,000,000 2 Peak Day Demand of One Capacity Unit (GPO) 1,070 3 Water System Capacity (Capacity Units) 26,200 2.5. Fee Calculation The proposed water connection fee for a capacity unit is the quotient of the total system value and the capacity units of the system . System value is the value of existing assets less developer contribution . Red Oak assumed water mains 12-inches and smaller were contributed by developers . Table 2-3 shows the water connection fee calculation for a capacity unit. Table 2-3 Development of Water Connection Fee per Capacity Unit Original Cost Replacement Line Less Rep lacement Cost Less No. Fixed Asset Original Cost Depreciation Cost Depreciation 1 2 3 4 5 Existing Assets $ 51,580,323 $ 34,766,641 $ 114,315,619 $ 87 ,006,724 Less Contributions (10,321,094) {5,468,740) (0) {O) System Value $ 41,259,229 $ 29 ,297,901 $ 114,315,619 $ 87,006,724 System Capacity Units 26,200 26,200 26,200 26,200 Connection Fee, per $ 1,570 $ 1,120 $ 4,360 $ 3,320 Capacity Unit Table 2-4 compares existing and propo se d water connection fees. Ex isting fees have been in effect since 1982. Proposed conn ec tion fees for each meter size are the product of the connection fee per capacity unit (3 /4-inch meter) and meter capacity ratio . • . . . .. RED , CONSULTING City of Englewood , Colorado 2009 Water and Sewer Connection Fee Study 6149004 Meter Existing Size Fees 5/8" $ 1,000 3/4" 1,000 1" 1,800 1W ' 4,000 2" 7 ,200 3" 16 ,000 4" 28 ,800 6" 64 ,000 Table 2-4 Section 2 Water Connection Fees Proposed Water Connection Fees AWWA Proposed Fees Meter Original Replacement Capacity Original Cost Less Replacement Cost Less Ratios Cost Depreciation Cost Depreciation 0 .66 $ 1,050 $ 750 $ 2,910 $ 2 ,210 1.00 1,570 1, 120 4 ,360 3,320 1.67 2,620 1,870 7,270 5,530 3 .33 5,200 3,700 14,500 11, 100 5.33 8,400 6,000 2 3,300 17,700 10 .67 16,700 11 ,900 46 ,500 35,400 16 .67 26 ,200 18,700 72 ,700 55 ,300 40 .00 62,800 44 ,800 174,400 132,800 Red Oak recommends the C ity annually review and adjust it s water connection fees to refl ect chang es in cost inflation , system capacity , and capacity unit service characteristics . . ; . RED \I ·. ••• '. CONSULTING City of Englewood , Colorado 2009 Water and Sewer Connection Fee Study 6149004 3. Sewer Collection System Connection Fee 3.1. Methodo logy Connection fees are usually based on one of the following industry-standard evaluation methods: • Equity buy-in • Incremental cost • Hybrid The equity buy-in method bases connection fees on the value and capacity of existing facilities. This method is best suited for existing facilities with excess capacity. The incremental cost method bases connection fees on the value and capacity of future facilities. This method is best suited for utilities that have limited unutilized capacity in and have prepared detailed growth-related capital project plans. The hybrid method bases the connection fee on the combination of the value and capacity of existing and future facilities. This method is appropriate for utilit ies that have some unused capacity in existing facilities and capacity expansion planned in the near future . Red Oak used the equity buy-in method to calculate the sewer collection system connection fees. This is considered an appropriate method to use since it has ample capacity in its existing facilities to serve future growth. 3.2. Calculation Procedure Red Oak calculated sewer collection system connection fees using the following steps: • Identify sewer collection system assets • Estimate value of assets under four different valuation methods • Determine capacity requirements of one capacity unit • Determine number of capacity units that can be served by existing facilities • Calculate connection fee per capac ity unit 3.3 . Sewer Collection System Value Red Oak calculated the value of the City sewer collection system for each of the following standard valuation approaches: . • . . . . . RED t CONSULTJNG City of Englewood , Colorado 2009 Water and Sewer Connection Fee Study 6149004 Section 3 Sewer Collection System Connection Fee • Original Cost • Original Cost Less Deprec iation • Replacement Cost New • Replacement Cost Less Depreciation Original cost values are the historic cos ts of purchasing and installing assets . Original cost less depreciation is book value o f assets. Replacement cost values are present-day estimated costs to purchase and install existing assets. Rep lacement cost less depreciation takes physical depreciation and obsolescence of existing assets into consideration. Original cost and original cost Jess depreciation values are based on City asset records. Replacement cost values for sewer collection main assets are based on estimates by main size. Replacement cost values for all other assets are based on original costs being trended to a present day value using the 20-City ENR-CCI. Table 3-1 compares sewer collection system asset values fo r the four valuation approa ches . Table 3-1 Sewer Collection System Va l ue Original Cost Replacement Line Less Replacement Cost Less No. Fixed Asset Original Cost Depreciation Cost Depreciation 1 Sewer Mains $ 5 ,078,528 $ 2,327,874 $ 27, 1 16,907 $ 9,234,583 2 General Plant 1,236,475 389,243 2,358,608 1,206,237 3 Total System Value $ 6,315,003 $ 2,717,117 $ 29,475,515 $ 13,009,236 3.4. System Capacity Red Oak assumed that the capacity requirements of a 3/4-inch meter represent the capacity requirements of one capacity unit. The 3/4-inch me ter is commonly used for new single family residential connectors and represents the majority of water meters in service . Capacity units for all other meter sizes are the produ ct of number of customers for each meter size multiplied by each meter size's respective capacity ratio. The existing collection system is sufficient to serve projected population at build-out without any additional expansions . Red Oak assumes the number of capacity units that can be served by the sewer 's collection system is commensurate w ith the wastewater treatment plant capacity to serve those ins ide city customers. The City owns 50 % (25 mgd) of the L ittleton/Englewood wastewater treatment plant capacity. The City 's collection system serves only inside City customers and requires about 25 % (6 .25 mgd) of the City 's treatment plant capacity. ·; · REil> i : ••• CONSULTING City of Englewood , Colorado 2009 Water and Sewer Connection Fee Study 6149004 Section 3 Sewer Collection System Connection Fee Red Oak estimated wastewater flow per capacity unit using City planning data from the 2003 Wastewater Treatment Plant U tility Plan and Site Application Report . Wastewater flow per capacity unit of 255 gpd is the product of 85 gallons per capita per day for a 3/4- inch meter and 3 persons per household . Table 3-2 shows the calculation of the number of capacity units that can be served by the sewer collection system. The system capacity of 24,500 is the qu otient of the capacity of the sewer collection system and the demand of one capacity unit. Table 3-2 Sewer Collection System Capacity Line No. Description Calculation 1 Capacity of Wastewate r Treatment Plant Serving City Sewer Collection System (gpd) 6,250,000 2 Wastewater Flow per Capacity Unit (gpd) 255 3 Sewer Collection System Capacity (Capacity Units) 24,500 3.5. Fee Calculation The proposed sewer collection system connection fee for a capacity unit is the quotient of the total system value and the capac ity units of the system. System value is the value of existing assets less developer contribution . Red Oak assumed sewer mains 12-inches and smaller were contributed by developers. Table 3-3 shows the sewer collection system connection fee calculation for a capacity unit. : ; . RED \\ · ... • · CONSULTING City of Englewood , Colorado 2009 Water and Sewer Connection Fee Study 6149004 Section 3 Sewer Collection System Connection Fee Table 3-3 Development of Sewer Collection System Connection Fee per Capacity Unit Original Cost Replacement Line Less Replacement Cost Less No. Fixed Asset Origina l Cos t Depreciation Cost Depreciation 1 Existing Assets $ 6,315,003 $ 2,717,117 $ 29,475,515 $ 13,009,236 2 Less Deve loper (2.250,594) (928.732) (0) (0) Contributions 3 Sys tem Value $ 4,064,409 $ 1,788,385 $ 29,475,515 $ 13 ,009,236 4 System Capacity 5 Units 24,500 24,500 24,500 24,500 Connection Fee, $170 $ 70 $ 1,200 $ 530 per Capacity Unit Table 3-4 compares existing and proposed sewer collection system connection fees . Existing fees have been in effect since 1982. Proposed connection fees for each meter size are the product of the connection fee per capacity unit (3 /4-inch meter) and meter capacity ratios. Table 3-4 Proposed Sewer Collection System Connection Fees AWWA Proposed Fees Meter Original Replacement Meter Existing Capacity Orig inal Cost Less Replacement Cost Less Size Fees Ratios Cost Depreciation Cost Depreciation 5/8" $ 500 0.66 $ 110 $ 50 $ 800 $ 350 3/4" 500 1.00 170 70 1,2 00 530 1" 833 1.67 280 120 2,000 880 1W' 1,677 3.33 600 200 4,000 1,800 2" 2,667 5.3 3 900 400 6,400 2,800 3" 5,333 10 .67 1,800 700 12,800 5,700 4" 8,333 16.67 2,800 1,200 20,000 8,800 6" 16,667 40.00 6,800 2 ,800 48,000 21,200 Red Oak recommends the City annually review and adjust its sewer collection system connection fees to reflect changes in cost inflation, system capacity, and capac ity unit service characteristics. • . . . . . . RED \ ~ CONSUL Tl NG City of Englewood , Co lorado 2009 Water and Sewer Connection Fee Study 6149004 4. Wastewater Treatment Plan t Connection Fee 4.1. Methodology Connection fees are usually based on one of the following industry-standard evaluation methods: • Equity buy-in • Incremental cost • Hybrid The equity buy-in method bases the connection fee on the value and capacity of existing facilities . This method is best suited for existing facilit ies with excess capacity. The incremental cost method bases connection fees on the value and capacity of future facilities. This method is best suited for utilities that have limited unutilized capacity in and have prepared detailed growth-related capital project plans. The hybrid method bases the connection fee on the combination of the value and capacity of existing and future facilities. This method is appropriate for utilities that have some unused capacity in existing facilities and capacity expansion planned in the near future. Red Oak used the eq~ity buy-in method to calculate the wastewater treatment plant connection fees. This is considered an appropriate method to use since there is ample capacity in existing facilities to serve future growth. 4.2. Calculation Proced ur e Red Oak calculated wastewater treatment plant connection fees using the following steps: • Identify wastewater treatment plant assets • Estimate value of assets under four different valuation methods • Determine capacity requirements of one capacity unit • Determine number of capacity units that can be served by existing facilities • Calculate connection fee per capacity unit 4.3. Wastewater Treatm e nt Pl ant Value Red Oak calculated the value of the City wastewater treatment p lant assets for each of the following standard valuation approaches: . •• $ "' REG I'.. CONSULTING City of Englewood , Colorado 2009 Water and Sewer Connection Fee Study 6149004 Section 4 Wastewater Treatment Plant Connection Fee • Original Cost • Original Cost Less Depreciation • Replacement Cost New • Replac ement Cost Less Depreciation Original cost values are the historic cos ts of purchasing and installing assets. Original cost less depreciation values are the book value of assets. Replacement cost values are the present-day estimated costs to purchase and install existing assets. Replacement cost less depreciation takes into consid eration physical depreciation and obsolescence of existing assets . Original cost and original cost less depr eciation values are based on City asset records . Replacement cost values are based on ori ginal costs trended to present day value using the 20-City ENR-CCI. The City owns 50 % of the Littleton/Englewood (LIE) wastewater treatment plant capacity. Table 4-1 compares the City portion of wastewater treatment plant asset values for the four valuation approaches. Table 4-1 City Portion of Wastewater Treatment Plant Value Original Cost Replacement Line Less Replacement Cost Less No. Fixed Asset Original Cost Depreciation Cost Depreciation 1 LIE WWTP $ 43,629,042 $ 19,745,680 $ 87,829,825 $ 32,658,581 2 LIE WWTP Expansion 56,500,000 56,500,000 56,500,000 56,500,000 3 Subtotal $ 100,129,042 $ 76,245,680 $ 144,329,825 $ 89,158,581 4 Less WWTP Replacement ($11,871,209) ($11,871,209) ($11 ,871,209) ($11,871,209) 5 Less Grants (9,209,268} (721,000} (28,902,051} (721,000} 6 Total Value $ 79,048,565 $ 63,653,471 $ 103,556,565 $ 76,566,372 4.4. System Capacity Red Oak assumed the capacity requirements of a 3/4-inch meter represent the capacity requirements of one capacity unit. The 3/4-inch meter is commonly used for new single family residential connectors and represents the majority of water meters in service. Capacity units for all other meter si zes are the product of number o f customers for each meter size and each meter size's respective capacity ratio. The wastewater treatment plant capacity is sufficient to serve projected population at build-out without any additional expansions. The City owns 50% (25 mgd) of the Littleton/Englewood wastewater treatment plant capacity. • • • .. RED CON ULTING City of Englewood, Col o rado 2009 Water and Sewe r Connection Fee Study 6149004 Section 4 Wastewater Treatment Plant Connection Fee Red Oak estimated wastewater flow per capacity unit using City planning data from the 2003 Wastewater Treatment Plant Utility Plan and Site Application Report. The wastewater flow per capacity unit of 255 gpd is the product of 85 gallons per capita per day for a 3/4-inch meter and 3 persons per household. Table 4-2 shows the calculation of the number of capacity units that can be served by the wastewater treatment plant. System capacity of 98,000 is the quotient of the capacity of the wastewater treatment plant and the demand of one capacity unit. Table 4-2 Wastewate r Treatment Plant Capacity Line No. Description Calculation 1 Capacity (City portion) of Wastewater Treatment Plant(gpd) 25,000,000 2 Wastewater Flow per Capacity Unit (gpd) 255 3 Wastewater Treatment Plant Capacity (Capacity Units) 98,000 4.5. Fee Calculation The proposed wastewater treatment plant connection fee for a capacity unit is the quotient of the total system value and capacity units of the system . Financing costs are included in the total system value an d are equal to the net present value of growth-related interest payments related to the 2004 CWRPDA loan. Table 4-3 shows the wastewater treatment plant connection fee calcu lation for a capacity unit. : ; . RED \ ._-.· CONSULTING City of Englewood , Co lorado 2009 Water and Sewer Connection Fee Study 6149004 Line No. 1 2 3 4 5 Section 4 Wastewater Treatment Plant Connection Fee Table 4-3 Development of Wastewater Treatment Plant Connection Fee per Capacity Unit Original Cost Replacement Less Replacement Cost Less Description Origina l Cost Depreciation Cost Depreciation Total WWTP Value $ 79,048,565 $ 63,653,471 $103,556,565 $76,566,372 NPV of Existing Debt Service 8,084,272 8,084,272 8 ,084,272 8,084,272 Interest Payments Total System Value $ 87 ,132,837 $ 71,737,743 $111 ,640,837 $ 84,650,644 Existing System Capacity -Capacity 98,000 98,000 98,000 98,000 Units Connection Fee, $ 890 $ 730 $ 1,140 $ 860 per Capacity Unit Table 4-4 compares existing and propo sed wastewater treatment p lant connection fees . Existing fees have been in effect since 1982 . Proposed connection fees for each meter size are the product of the connection fee per capacity unit (3 /4-inch meter) and the meter capacity ratio. Table 4-4 Prol?osed Wastewater Treatment Plant Connection Fees AWWA Proposed Fees Meter Original Replacement Meter Existing Capacity Original Cost Less Replacement Cost Less Size Fees Ratios Cost Depreciation Cost Depreciation 5/8" $ 1,400 0.66 $ 590 $ 490 $ 760 $ 570 3/4" 1,400 1.00 890 730 1, 140 860 1" 2 ,333 1.67 1,480 1,220 1,900 1,430 1 Y," 4,667 3.33 3,000 2,400 3,800 2,900 2" 7,467 5.33 4,700 3,900 6,100 4,600 3" 14,932 10 .67 9,500 7,800 12,200 9 ,200 4" 23,332 16.67 14,800 12,200 19,000 14,300 6" 46,667 40 .00 35,600 29,200 45,600 34,400 Red Oak recommends the City annuall y review and adjust its wastewater treatment plant connection fees to reflect changes in cost inflation, system capacity, and capacity unit service characteristics . ·; · REnn ., : . •• •• . CONSUL Tl NG City of Englewood . Colorado 2009 Water and Sewer Connection Fee Study 6149004 5. Mixed Use Connection Fees 5.1. Background Mixed use developments have multiple intended purposes within a single structure and typically include a combination of multifamily residentia l and commercial customers . Although the City presently has re lativ e ly few mixed use customers, growth in this type of development is likely . The City's current connection fee structure is based on meter size, which may not equitably assess new mixed use connectors for their capacity requirements. Red Oak has developed connection fees that reco gni ze the capacity requirements of mixed use customers served by a single conn ection. 5.2. Proposed Fees Proposed mixed use fees are consistent with the proposed meter size, single use connection fees using replacement c ost less depreciation asset values . The mixed use fees consist of two components: • Multifamily fee based on nu mber of dwelling units • Commercial fee based on the number of fixture units Table 5-1 shows proposed multifamily mixed use connection fees. T he fees consist of a minimum fee and three fee tiers that are based on the number of dwelling units. Dwelling Units Base Fee Unit Fee First 4 units Next 30 units Over 34 units . • . . . RED CONSULTING . . Table 5-1 Proposed Multifamily Mixed Use Connection Fee Sewer Wastewater Water Collection $ 2,920 $ 460 Per Unit Per Unit 400 70 350 50 220 40 City of Englewood, Co lorado 2009 Water and Sewe r Connection Fee Study 6149004 Treatment $ 760 Per Unit 100 80 70 Total $ 4,140 Per Unit 570 480 330 Section 5 Mixed Use Connection Fees • Table 5-2 shows the development of commercial mixed use connection fees. The fees consist of a minimum fee and four fee tiers that are ba sed on the number of fixture units . Fixture Units Base Fee Unit Fee First 25 fixture units Next 65 fixture units Next 160 fixture units Over 250 fixture units Table 5-2 Proposed Commercial Mixed Use Connection Fee Sewer Wastewater Water Collection Treatment $ 1,660 $ 265 $ 430 Per Unit Per Unit Per Unit 80 13 20 45 7 12 30 5 8 25 4 6 Total $ 2,355 Per Unit 113 64 43 35 Red Oak recomme nds the proposed mixed use connection fee be the greater of the following: • Sum of mixed use multifamily and commercial connection fees • Meter size based connection fee Tab le 5-3 shows examples of the proposed mixed use connection fee calculation for sma ll , medium, and large connectors . The mixed use connection fee is greater than the meter size based fee for the small an d larger customers . Table 5-3 Proposed Mixed Use Connection Fee Examples Mixed Use Meter Customer Size Small 3/4" Medium 1 1/2" Large 3" ; RED . ·.·.CON ULTING Multifamily Commercial Calculated Dwelling Fixture Mixed Use Units Units Fee 2 4 $ 8 ,087 16 40 18,320 120 500 74,170 City of Englewood , Co lorado 2009 Water and Se we r Connection Fee Study 6149004 Calculated Meter Size Fee $ 4 ,710 15 ,800 50,300 Proposed Mixed Use Fee $ 8,087 18,320 74 , 170 Date March 15 , 2010 INITIATED BY Utilities Department ATT., 3 COUNCIL COMMUNICATION Agenda It em Subject West Union Ave/Platte River Boat Chute Modifications STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Englewood Water and Sewer Board, at the ir February 9, 2010 meeting , recommended Council to approve the License Agreement from the Colo rado Water Conservatio n Board for river access to design and build the boat chute improveme nts on the South Platte R iver and Union Avenue . BACKGROUND, ANALYSIS, AND ALT E R NATIVES IDENTIFIED The proposed project is 250 ' north of the Union Avenue Bridge on the South Platte River in Englewood , near the raw water intake and pump stat ion. The Colorado Water Co nservation Board was contacted by the South Suburban Parks Foundation wi t h concerns about public safety. The project will improve egress from the downstream pool, reduce eddy velocities , improve lin e-of -sight to the pool and site signage . The Colorado Water Conservation Board owns the kayak bo at chutes , but Englewood supports these improvements and recommends approving an access and license agreement. The proposed Boat Chute Agreement allows t he Colorado Water Con s ervation Board to modify the intake structure by cutting an existing wall off to reduce the eddies in t he river flow . Englewood agreed to let them modify the intake structure per their engineer's recommend at ion , as part of their planned safety improvements. The Access Agreemen t allows the Colorado Water Conservation Board permission to cross Englewood's river pump station property to gain access for construction . FINANCIAL IMPACT N/A LIST OF ATTACHMENTS Ordinance GRANT OF ACCESS EASEMENT TIDS GRANT OF ACCESS EASEMENT ("Grant") is made this day of __________ , 2010 , by the CITY OF ENGLEWOOD ("Grantor'',) a Colorado municipal corporation, whose address is 1000 Englewood Parkway, Englewood, Colorado 80ll0, and the COLORADO WATER CONSERVATION BOARD, a division of the Department of Natural Resources of the State of Colorado ("Grantee"). THE PARTIES covenant and agree as follows: 1. Easement Property. The "Easement Property" shall mean the real property located at 2285 West Union A venue in the County of Arapahoe, State of Colorado, more particularly described on the attached legal description with drawing, Exhibit A. 2. Consideration. In consideration for this Grant, Grantee will pay $10 .00 and other valuable consideration the receipt of which is acknowledged . 3. Grant of Easement. Grantor hereby grants to Grantee , a temporary construction easement over, under, across and through the Easement Property for the purpose of access to structures or improvements of Grantee during the construction of the Union Avenue Boat Chutes safety improvements . 4. Access . Grantee shall have the right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. -- 6 . Warranty of Title. Grantor warrants and represents that Grantor has full right, title, and authority, and that this Grant is effective to grant and convey to Grantee the within described easement. 7. Security. At all times during the performance ofthis project, the Grantee shall be responsible for maintaining the security of the Grantor's property by securing the gates to the property. 1 IN WITNESS WHEREOF, the Parties hereto have executed this Grant of Access Easement the day and year first abov e written. ATTEST: Loucrishia A. Ellis, City Clerk STATE OF COLORADO ) ) SS. COUNTY OF ) GRANTOR: CITY OF ENGLEWOOD, COLORADO James K. Woodward, Mayor GRANTEE: COLORADO WAT ER CONSERVATION BOARD The foregoing instrument was acknowledged before me this ___ day of -------~ 201 0, by _____________ as ------------------of t he Colorado Water Conservation Board. Witness my hand and official seal. My Commission expires : Notary Public 2 -.......:::::. ...... ~ (2E --+-s:' ~ E: ~ 'Q \--.\.( ~~'.Zo­! ~ '! ~~ ~~\\f: ~\\}~ ~.· t.t-\~~~\.. ~.o\N , .· ~~.t ..... ' .,,,,, \ \ ' \. '\. '\ \. \ \, '},'lf'7'"' .~ :it 0 0 ~ (:Qij ~ 1/4 R68W R67W R66W R6&W T4SI 1971 1973 1975 l$77 2075 2073 2071 Rt>4W 1979 2-069 \ .. I ~ .. 1 2 ~\ Ji .. , ~. R63W 1981 ... ~- 26fP7 -·. . -. 010 !SJ; 4i7+-~ !il91 ~~ ... R62W R61W R60W R59W 1963 19.$5 IS.$7 1989 -·--·· .. ·- 2065 2063 206! 20§9 TOWNSHIP CODE MAP ~~".?ifK·iS"·~~~·.:::.:::.~-,~-. :._. ~~'"-. _ . 122 I '::;;.'-':: ozi ~ ~~.§W R51W 1991 I 19'93 I T4-S 2057 2055 T5.S . .. - 034 k j ,. I ~.f. ~· P.48€/il tr . '7.fi,i1 . I @ 035 D¥ER~~ Qlf.W:E WAREHOUSE !i1J.B1>1~1!1Al\IER ... i!il fl 11 II 11 ··~·~1""\ f'A"" . I ,.~ 1i7 : ·~ ® l~ II J~I 11 It:: . I (MCEJ. (;'- 214. x H I B I T A :,.9 <t, 146 :; Q.Z·8 · ·~.:r..,~z·o 001 OUr,t;AJ/S SUBDMSM>I €> 2 . 002 ": ·~ "1,®,..Jr i'S9!z;lil> ·~ .:> ~ a 20770~ QUARTER SECTION I AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF UNION A VENUE BOAT CHUTES SAFETY IMPROVEMENTS INCLUDING A PART OF THE CITY OF ENGLEWOOD'S WATER INTAKE STRUCTURE. This Agreement made this __ day of , 2010, by and between the Colorado Water Conservation Board, a division of the Department of Natural Resources of the State of Colorado (hereinafter called "Board") and the City of Englewood (hereinafter called "City") collectively known as "Parties". WHEREAS, the Board wishes to make certain improvements to the Union Avenue Boat Chutes area on the South Platte River at a location approximately two-hundred and fifty feet (250') north of the Union Avenue bridge across the South Platte River, near the City's raw water intake and pump station (hereinafter called "Project"). WHEREAS, the Board's proposed project is designed to improve safety to the public by, among other improvements, improving egress from the downstream pool, line of sight to the pool and reducing eddy velocities. WHEREAS , these improvements require a modification of the City's existing raw water intake structure. Now, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows : 1. SCOPE OF AGREEMENT . This Agreement defines Project along with the responsibilities and financial commitments of the Parties with respect to the project. 2. SCOPE OF THE PROJECT. The Project shall include all activities involved in the construction of the improvements to include the modification of the City's raw water intake as shown on Exhibit A, attached hereto and incorporated herein. 3 . PUBLIC NECESSITY. Parties agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience and welfare of the public. 4. COSTS. All design and construction costs shall be the responsibility of the Board. However, the City will grant a temporary construction and access easement across th e City's Union Avenue pump station property at no cost to the Board. 5. PROJECT. A. The design and construction of the Project shall be the responsibility of the Board. B. The City does not endorse or approve the final design of the project. C. The City has no objections to the design of the Project shown in Exhibit A as it , relates to the City's raw water intake facility. 1 D. Should the Project create a change in the operation of the City's raw water intake facility, at the request of the City, the Board agrees to make repairs to the Project to return the City's raw water intake facility to a condition substantially similar to its condition before the Project and acceptable to the City. 6. INSURANCE . The District shall require any contractor to provide adequate l iability insurance that includes the City and copies of said insurance shall be provided to the City before any construction within the City's Right-of-Ways . 7 . MAINTENANCE. The Parties agree that the Board shall own and be responsible for maintenance of the completed and accepted Project, except for ownership the lower wall for which the City will retain ownership and the Board shall maintain. 8. LIABILITY . The Board shall be responsible for any suits, demands, costs or actions of law resulting from the design, construction or maintenance of the Project. 9 . NOTICES. A. For the City shall be directed to: Director of Utilities 1000 Englewood Parkway Englewood, CO 80110 B. For the Board shall be directed to: Joe Busto Colorado Water Con servation Board 1313 Sherman Street -Room 721 Denver, CO 80203 C. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or mailed, and shall be considered received in the earlier of either the day on which such notice is actually received by the party to whom it is addressed or th e third day after such notice is mailed. 10. AMENDMENTS. This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 11. PRIOR AGREEMENTS. This Agreement does not abrogate on modify the rights and responsibilities of the parties under prior agreements regarding the boat chutes improvement at this location dated, May 1, 1983, May 1, 1986 and May 19, 1989 . The Board will maintain the responsibility and liability under those Agreements . 2 12. SEVERABILITY. If any clause or provision her ein contained shall be adjudged to be invalid or unenforceable by a court of competent juris4iction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisi ons shall be given full force and effect. 13. APPLICABLE LAWS. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any and all legal actions regarding the transaction covered herein shall lie in District Court in and for Arapahoe County, State of Colorado. 14. ASSIGNABILITY. No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 15. BINDING EFFECT. The provisions of this Agreement shall bind and shall inure to the benefit of PAR TIES hereto and to their respective successors and permitted assigns. 16. ENFORCEABILITY. PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific p erformance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 17 . TERM AND TERMINATION. It is anticipated that this Agreement shall remain in effect so long as the structures shown on Exhibit A remain. However, this Agreement may be terminated by either Party with six (6) months written notice . In no event shall the Board's responsibility for the design, construction and maintenance of the Project cease. 18. APPROPRIATIONS. Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or BOARD stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and/or BOARD. 19. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing cont ain ed in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PAR TIED that any person or party other than any one of PAR TIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 3 WHEREFORE, PAR TIES hereto hav e caused this instrument to be executed by properly authorized signatories as of the date and year first above written. CITY OF ENGLEWOOD, COLORADO James K. Woodward,Mayor ATTEST: Loucrishia A. Ellis, City Clerk COLORADO WATER CONSERVATION BOARD By: ___________ _ STATE OF COLORADO ) ) SS . COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of ____ _ 2010,by as ofthe Colorado Water Conservation Board. Witness my hand and official seal. 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"" RDIO~ ORGANIC SEDIMENTS FROM RIVER BOTrotltl /I---1RANS1"0N WALL F1IOM £,10S11NC COtD .KJ/NT C-z<OK ll.'1-5291.$# £LP•5282.50 L-2.J.6' DAM UN0£R ORNH """""' RIMQ...•5291 ... 5 t.E..•52?t.t5 l'N CtWH LINK CAlt ,~ ~ TRANSmON WALL AT £XJS11N<; {;RA/JC {:U:sx) TO £1..-5285.0. WRnCAJ. a.IT AT EL.-$285.0 m NEW TOP OF WALL. a.-5282.!ia L-25.55' ' -CCWCRl"TC l1£1HNC AREA .J'w ""'lfl SHOllUJt:R AIATC11 TO= CrJNCRETC ABANDON DOS11Nt; PICZOMCTCR IN Pl.At%: SC'E NOTC 2. T'YP. 2 GRADING/SITE PLAN Loughlin Whifewof. ~-=. · ·:=: SEE NOTE 7. 10' TRANSITION TO AIATCH = CCWCRETC OCSICH:RCW OCTAll.: IAH 0£CIC.:-- o ... n , Na.cweat '009 PR0£CT H\JM£1Cll OJ-40.06 Cli<a •lnQ Numb..-: Date April 5, 2010 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject Purchase of one Work Truck for the Utilities Dept. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water Board, at their February 9, 2010 meeting recommended Council approval, by motion, for the purchase of one Freightliner M2 106 work truck in the amount of $122, 108. plus $10,394. for options, for a total of $132,645.00 from Transwest Trucks in conjunction with the City of Boulder State bid. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The proposed work truck replacement for Un it #1315 is being used by the Utilities Department Distribution/Collection crew for water and sewer main cleaning and repairs. The purchase is being recommended to replace the ex ist ing ten year old unit according to the CERF replacement schedule. The base bid amount is $122,108. An additional option of $8,865.00 is being added for a 3,000 lb. telescopic crane and $1,529.00 for removal of the under deck compressor from the old truck and instal lation into the new truck. FINANCIAL IMPACT The vehicle will be purchased from Transwes t Trucks under the Colorado State bid in conjunction with Boulder Awa rd BID #5248-09. The base price for the truck is $122, 108.00 . The Utilities Department will pay an additional $8,865.00 for the telescopic crane and $1,529.00 for the under deck compressor removal and reinstallation for a total of $10,394.00. The base truck amount will be funded by the CERF Fund. The te lescopic crane and the compressor removal and installation are 2010 Budget items with the Utilities Department contributing $10,394.00 for the options from #40-1604-61401. LIST OF ATTACHMENTS Quotation Sheet SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHCICLES AW ARD# --=B-"-ou=l=d=er~A~w~ar_d~B~ID~#_52_4~8--0~9 ____ _ MANUFACTURER OF VEHICLE -~F-=-re=i=gh=t=lin=e=r ______ _ MODEL OF VEHICLE M2 106 -~~~~~~~~~~ AIR CONDITIONING YES AUTOMATIC TRANSMISSION YES POWER WINDOWS YES POWER DOOR LOCKS YES 4 WHEEL DRIVE YES FLEX FUEL OPTION YES CERF REPLACEMENT YES NEW ADDITION TO FLEET YES DEPARTMENT VEHICLE ASSIGNED TO 401604, Utilities Transmission NO NO NO NO NO NO NO NO COMMENTS: This unit has met both the years of servi ce and hours of use criteria for replacement. Total cost of this unit is $122,108.00. Utilities is contributing $8,865.00 for the purchase of a 3000lbs telescopic crane and 1,529.00 to facilitate the removal and installation of the under deck compressor from the existing truck. The current unit is a 2000 Chevrolet 8500 single axle truck, Unit 1315. :'S; .. llVll llVll •----.... -= II<. ....... -= ~ To: City of Englewood Pat White Prepared By: Brian Wiest Date: 02-01-2010 Options for service bodv Summit (Stellar) model 3315 telescopic crane o 11,500 ft-lbs o Hexagonal Boom Construction Summit Truck Equipment 970-397-7869 o Planetary winch 30ft/min with hydrau lic I mechanical brake o 20' corded hand held remote control o 3000lbs @ 3', ...... 1625lbs @ 7' ,,,,,, 1025lbs @ 11 ', ....... 750lbs@ 15' Summit provided crane .............................. $8865.00 **Includes installation Installation of customer supplied under deck compressor o Install shaft driven compressor o Plumb compressor through coo ler to P-4 compartment o Customer to do finale hook-up to customer supp lied air delivery components (FLR and air reels) Labor and misc parts for installation incl uded in quote ............. $1529.00 Thank you , Brian Wiest BimWet 970 -397-7869 mobile 866-739-5537 ext. 7504 bwiest@_sum_mitbQdks._co111 S .. llVllllVll•T -.--.. .:11< EllJIU•P-EN-.- . Date April 5, 2010 INITIATED BY AT Tc S COUNCIL COMMUNICATION Agenda Item Subject Allen Plant Ultraviolet System Design STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board , at their February 9, 2010 meeting , recommended Council approval, by motion, of the contract for engineering and construction management services to Camp, Dresser & McKee, Ramey Environmenta l Compliance and NEI (CDM/REC/NEI) for ultraviolet (UV) system design and softening feasibility study. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Long Term Two Enhanced Surface Water Treatment Rule was adopted by Congress on January 5, 2006. In this rule, the Environmental Protection Agency required that water systems meet additional cryptosporidium (crypto) removal requirements. Crypto is a chlorine-resistant pathogen. The system must be operational by October 1, 2013. The proposed UV system will exceed the minimum requirements of the L T2ESWTR mandate. UV operates with a band of light that disinfects water at a certain wave length in the ultraviolet light spectrum. Water at the Allen Filter Plant will be treated by the UV system after the filtration process and before chlorination, then pumped into the distribution system. Allen Plant personnel conducted an inves tigation of the types of treatment available to comply with EPA regulations and found UV the most effective and beneficial for the inactivation for crypto while being compatible with future potential regulation requirements. The UV process will reduce sodium hypochlorite (chlorine) use, is an extremely fast process to inactivate crypto, is proven technology, requires the smallest footprint and is the most cost effective. Utilities Department staff recommends awarding the contract for engineering and construction management services to CDM/REC/NEI. The proposal was very detai led and has conservative cost estimates . The proposal includes a 3 year, 4 month time line with an 8 month pilot test, 13 months of construction with additional inspections during critical periods. Construction is expected to take 13 months, with the pilot test beginning April, 2010 and w!ll run through April, 2011. COM is knowledgeable and the most qualified regarding the process. They have completed several other UV systems throughout the United States. COM is also familiar with the Allen Water Treatment Plant, having consulted on other water treatment plant projects. COM will be contracted to design modifications to the old clearwell, the clearwell roof, the UV system, the reactor system and the new power supply. COM will also investigate the feasibility of providing a 2-million gallon per day softening system to be used in the future for low river flow situations . It is not anticipated that this softening system will be built at this time. FINANCIAL IMPACT CDM's proposal is for $453,264.00 and includes a 3 year, 4 month time line, an 8 month pilot test , and 13 months of construction observation and management (once a week during the 13 month of construction) with additional inspections during c ritical periods. The COM Allen Treatment Facility UV Disinfection System Design quote is in the amount of $432,764 plus the additional Softening Fee amount of $20,500 for a total of $453,264. LIST OF ATTACHMENTS COM Proposal for Engineering Services in the Evaluation and Implementation of a UV Disinfection Facility l I f i. ·,_.. '· .. !~" Engineering Services in the Evaluatio.ri · and Implementation of a UV Disinfection FaciliMi and the Conceptual Design and Cost Estimate~ for a Softening Facili1y at the Allen WTP . .~ . ,1, J FEE ESTIMATE ,~: i The fee estimate for CDM'( profh~f .. ,,.., ........ ,..- services is based on constr~ctln~itn .,.:..~-·. ·;t~m}Y~tnin . the existing Chlorine Conta~t, ~~sJfi~~~:~~?gf~~ fcfr ' ·: Siting Alternative A. It inch.ides 41 montfls ofproject management support, c6nstructi9n 'rn.anagemen.t~ start- up assistance, and ten months 6( pilot testing support in addition to the preliminary and final design efforts . Table 5-1 presents a breakdown of the hours and cost for CDM labor, subconsultants, and other direct costs. Table 5-1 Fee Estimate of Engineering Services r----------------~ ' City of Englew ood • Allen Treatme nt Facility UV Disinfection System Design I Task 1 _.·Prolect Manaement 1.1 Budaet & Schedule Oevelooment 1.2 Buda et & · SOhedUle Tracklna · t, 1.3 M~thlv ln~~na & Pmk!d Status •• 1 1.4 Construction Man.,..ment 1.5:Coaldlllnte UV & s:..Stem Trelnln'o Tllik 2 •Eva! Ex Studies and WO • '" -.• • l.~ ·2.1 Evai Ex StudfeS .. fa Ooitmlza Olslnfectfon Strat""" Talk 3 • Selection of W Mnfrs 3.1 cOntact w Mnfrs for.§OUID . Info. ·. "' 3.2 Comlia~ UV Design Criteria ·.·• 3.3 Facllldated Oeslan Workshop 3.4 ldenUfv and Procure Pilot Units Task 4 Pilot Teslina 4.1 Define PilotTesting Requirements 4.2 Develop Pilot Test Protocols 4.3 Installation and Start-op Assistance 4.4 Analvze Pilot Plant Data & Support Task 5 -UV Facility De sign 5.1 Prepare UV Design Documents 5.2 Prepare Construction Plans & Specs Task 6 -Bid Package Preparation 6.1 Prepare Bid and Contract Documents , 6.2 Assist with Pre-bid and Addenda 6.3 Conduct Bid Openin!l and Review Total Cost: W Disinfection Facility at the Allen WTP Total COM Hours 32 $ 63 $ 147 $ 754 $ 28 $ 68 $ 24 $ 52 $ 28 $ 16 $ 40 $ 52 $ 44 $ 40 $ 72 $ 136 $ 148 $ 1,156 $ 248 $ 50 $ 44 $ 3,242 $ Total Costs COM Labor 4,860 9,450 14,490 $ 78,360 $ 3,880 7,200 4,200 7,880 $ 3,640 2,440 $ 6,380 $ 7,400 6,000 $ 4,600 $ 9,880 $ 17,960 $ 19 ,880 $ 131 ,700 $ 29,280 6,800 $ 5,480 381,760 $ COM Subconsultants 1,650 $ 5,984 $ 1,100 $ $ 7,590 $ 2,420 $ $ 2,200 $ 2,200 $ 1,100 $ 2,200 $ 2,981 $ 10,043 $ $ 1,034 $ $ 40,502 $ Other Direct Costs 842 '.~ $ 889 ~ $ I~. $ :.{,i % $ "' $ 140 I~ $ , .. 40 !': $ 47 if. $ \;: 100 'Fl· $ " 200 ,_ $ 200 ~ $ 363 J $ !il:' 867 j; $ 640 ~ $ 3 ,200 ~. $ Total Project Cost 4,860 9,450 16,982 85,233 3,880 7,200 4,200 9,303 3,780 10,070 8,847 7,500 8,400 7,000 11 ,343 21 ,027 23,501 144 ,943 2,200 ~ $ 31,480 350 '~ $ 8,184 100 ·~ $ 5,580 10,502 ~ $ ihe vesseis could be loca-tecT aiong the -weslside 'oi the treatment plant site between tlie WTP access road and S. Windermere Street as shown above The ion exchange equipment consists of two to th ree 1 O or 12 ft diameter pressure vessels and a salt storage and brine tank. The total area is approximately 500-600 sq ft. The ion exchange process operates as a pressurized system, so the pressure vessel can be located anywhere on site where there is space. For example forwarding pumps could pull water from the clearwell near the maintenance garage and return the water to the high service pump station wet well. Task 3 -Comparison of Softening Alternatives and Siting Options The advantages and disadvantages of the soften ing alternatives will be developed and discussed with the City during a facilitated evaluation workshop similar to that proposed for the UV Process and Siting Alternatives Evaluation. Criteria to be considered include power costs for pumping, chemical costs, residual disposal and space requirements. A preliminary comparison of these factors indicates that lime softening has the lowest operational cost, but also has the highest space requirements. The lime softening system is also expected to require significantly more labor to operate and maintain compared to the other alternatives. Task 4 -Conceptual Layout and Opinion of Capital and O&M Costs · CDM will use the preferred alternative selected during the workshop in Task 3 to develop a conceptua l site plan, process flow diagram, and design summary technica l memorandum for the selected alternative. The design summary will include an opinion of probable construction and O&M costs based on typical unit price costs for the unit processes plus allowances for contingencies and contractor overhead and profit. e UV Disinfection Facility at the Allen Wf P . ~;;;tit;;~;,: ~ ··: ~-"\Tt~%~~~s:;·~::-'.""~, .. " : >·. ·1'-.,_ FEE E'STIM'AlE ANO $CH'E.DULE · A summary of the est.imated l~bo-rh~urs and costs to complete Tasks 1-4 is summarized in the t~ble A-2 below. We have assumed that the work will be done in parallel with the preliminary UV evaluation, and meetings to discuss the softening alternatives and siting options can be coordinated with the UV workshops to reduce overall costs. No costs have been included for the final design of the selected alternative. Table A-2 Softening Fee Estimate Task Description Labor Extended Hours Costs I -Evaluate Project 24 $4,000 Benefits & Objectives I -Identify Softening Alternatives & 32 $6.000 Design Criteria 3 -Comparison of Softening Alternatives & 32 $5,000 Siting Options 4 -Conceptual Layout and Opinion of Capital so $5.500 and O&M Costs Total 120 $20,500 FEASIBILITY STUDY TEAM CDM's comprehensive knowledge of regulatory and water quality issues for safe drinking water enables us to help clients anticipate future conditions. Our project execution philosophy advocates cost and schedule consciousness while designing effective treatment strategies. The CDM team for the feasibility study is comprised of the best technical resources in the industry. As discussed earlier, Doug Brown has extensive experience in a wide variety of technologies including large microfiltration systems, ion exchange, conventional coagulation and filtration, reverse osmosis, activated carbon filters, and advanced oxidation. Mr. Brown will lead the study team. National experts Michael Zafer and Janice Skadsen, will bring their lime softening experience and technical understanding to successfully complete an optimized feasibility study for the softening alternatives. The organizational chart on the following page shows our proposed study team. Cathy Burrage From: Bill McCormick Sent: To: Wednesday, January 20 , 2010 11 :32 AM Gary Sears Cc: Subject: Leigh Ann Hoffhines; Stu Fonda; Cathy Burrage FW : City Ditch near Huron & Princeton Below is my response to Mr . Gillit's request abou t the Ci ty Ditch at S. Huron near W. Princeton . From: Bill McCormick Sent: Wednesday, January 20, 2010 9:24 AM To: Stu Fonda Cc: Cathy Burrage Subject: RE: City Ditch near Huron & Princeton On January 1 ih, 201 O residents of 4100 S. Huron met w ith the Englewood Water and Sewer to discuss an issue with the City Ditch that is open in this block . In December, I had several contractors meet w ith me on areas that needed bank improvements done this winter . The contractors observed the ditch at 4100 S . Huron and stated that the ditch was too steep and deep to do bank improvements withou t a structural engineer design . I then asked the contractors what other options there were and they stated that piping the ditch would not need a structural design. I asked them to give me a quote for piping . Just about that time, a resident in th e block came up to us and asked what we were doing . I explained that we were looking at the problems with the ditch . One of the contractors told her that the only options were piping this area. At that time she asked who she could address her concerns about the piping. I told her that she could voice her concerns to the W &S Board. Later in December we received a petition from several residents in the 4100 block stating that they did not want the Ditch piped . Arrangements were made for them to appear before the Water & Sewer Board in January. At the Board meeting several residents spoke why they wanted the ditch left open. There was also a resident on the downstream side of the Ditch that requested the Ditch be piped because of safety issues and possible flooding of his property. The Water and Sewer Board requested that we obtain a neutral engineer to investigate the site to determine if alternate options are available to fix the ditch without piping. They also requested that the engineer provide a preliminary cost estimate with these options . I am contacting a structural engineer on the Urban Drainage list of approved engineering firms . A meeting is scheduled with Muller Engineering on January 25 1 h . Hopefully we will have the estimate for our February meeting. If no repairs are made before spr ing , possible bank erosion could cause curb and gutter damage as well as street damage . Also there is the possibility of ditch leakage on the downstream side of the ditch which could cause property damage. Joan Weber our Risk Manager has visited the site and is having CIRSA give an opinion on liability issues . The steep embankment has a potential to trap children during storm water runoff events . From: Gary Sears Sent: Tuesday, January 19, 2010 4:25 PM To: Rick Gillit Cc: Stu Fonda; Bill McCormick; Leigh Ann Hoffhines Subject: RE: City Ditch near Huron & Prince Hi Rick , I know that this has been an issue for some time and I understand the Water Board addressed this issue at their meeting last week. I am asking Stu Fonda and Bill McCormick to put together a short term review of the issues associated with the City Ditch so that the Council can be aware of the Water Board's decision. Thanks for your note, we'll try to put this information together as soon as possible . Gary 1 From: Rick Gillit Sent: Tuesday, January 19, 2010 2:35 PM To: Gary Sears Subject: City Ditch near Huron & Prince Gary, I just received a call from a resident on S . Huron . He was telling me that the city is going to bury the city ditch between Prince & Oxford. Cou ld you please forward this to whoever is working on that project. I guess the residents do not want the ditch covered but would prefer to have it fixed so that the erosion would be fixed but that the ditch could be seen . I am hearing that the residents find it a quality of life issue that they like seeing the wate r th ere . Your help on this would be greatly appreci ated! Rick Gillit City Council Member -District #4 Office: 303-762-2300 Direct: (303) 246-4780 Email: rgillit@englewoodgov.org Personal Web Page -www.EnglewoodCitizen.com 1000 Englewood Parkway Englewood, CO 80110-2373 2 --~ --_...,. ____ ._. ____ " r--7--.. J1 u {3 ,, • I 2.S /10_ m w~rks ~der the hood of a GMC ill the service center last week ~t Alpine Buick Pontiac .rHub.com .do and .tmanu- >S and a another !ton, is. e aright lVe had 1yapar- ·' , ies that ie same >rtwiity .ade the ninated )ffering e in the tk that's ; before nmittee :ts it to pass the House and then move into the Sen- ate. · , '.'I don't get why," Rice said. "If the busi-· ness wasn't making money, they wouldn't be able to stay in .business." Y. et, he said, a manufacturer can revoke a franchise, puttirig peOP,le OUt of work -in one dealer's case 30 or.40 people. "Many people think Wall Street is out of touch with Main Street, and what we're say- ing is we .want to try to tilt.the playing field hack to the d~gree we can to the person oi;i Main Street," he added. · Rice said he'd like to hear from constitu- e~ts about the issue -from individual sto- ries of the impact of dealership closings or organizations that were supported by deal: erships. . Ivette Dominguez, owner of Alpine Buick Pontiac GMC in Littleton, said she's always had a gqod relationship with GM . "It's not that you need .to f!.gree with ev- erythiilg everybody says, but it's better to find a fyiend than make a foe today," she said. . · ' Tho~gh GM is discontinuing the Pontiac brand, Dominguez said she will increase in- ventory ofBuick and GMC models to try to boost new vehicle sales by about 30 per- cent. In the wake of thousands of d'ealership franchises revoked by General Motors and Chrysler, more than 20 percent of -those · franchisees have asked for arbitration in ap- peaJJng the dosing actions. The Associat- ed Press reported GM Chaimian and CEO Ed Whitacre Jr., felt that hundreds of deal- ers could win back their franchises during the he!lling process, which must. be com- pleted.by June 14 '• Informati'on provided by Hank:Held, se- nior vice president of the Burt Automotive Network, indicates some. manufacturers 'will fight arbitration by dealers for rein- 'statement. · · Constituents. who would like to contact Rice about the issue can e-mail him at jQe.riCe.house@state.co.us or call his . of- fice at 303-866-2953. . . / . Daniel Smith: 303-C)54-26ji or smit'fid@yourhub.com 7 ·Feds- jnvestigate ·Englewood water threat By Daniel Smith YourHub.com Quick action· by water . plant eniployees in Englewood .pre~ vented a potenyally hazardous substance from getting into the city's. drinking water distribu- tion system Christmas Eve: The unidentified contaminant -described as bei.rig like a petro- chemical or cleaning solvent __: . , was apparently dumped de],iber,- ately, and an official said the inci- dent is under investigation. hy the Environmental Protection Agency and Homeland Security. Englewµod utilities ·cµtector Stu Fonda saiq a plant employee on rounds about i .a.m. noticed the smell from . settling ponds and investigated. , Apparently, .the contaip.lnant was dumped into the South Platte River, Fonda faid estimat- ing it was "about ioo gallo~ ot more." "We're. not .really wanting to -·say mu.ch about it," he s~d, not-· ing the ongoing investigation, The water ~plant was ~hut down immediately, Fonda said. "It took us about six 'hours of deaning things so .that we could . get a treatment train on line, and then it took us several days after . .. that to get everything else cleaned up and flushed out," Fon- da said. . City manager Gary Sears told council members recently 'the work of utilities operations su- perintendent Bill McCormick and other water plant staff in de- tecting the.spill was admirable .. "They solved the issue before it actually had gotten to the plant," he said. · EPA regional spok~sperson Ri- chard Mylott said tl).e c_ontamina- tion was likely "a type of solvent or gasoline product that entered the plant's' · preliminary. treat- ment system through intakes from the South Platte River.'' He ~aid the source ls still being sought and the water distribu- tion syste~ was not affected. CI,) t ~ < ~' City of Englewo Utilities Department JTAC Luncheon Can Your Water Utility Be Financially Healthy In Stormy Times? City of Englewood Utilities Department Number of Water Accounts: Car washes Commercial Accounts School Accounts • Industrial Accounts Mobile Home Parks Multi-Family Accounts Municipal Accounts Single Family Residential Accounts Special Handling Total 9 1075 4 9 6 945 58 8702 1 10,810 {' Average Single Family Annual Water Use = 93, 100 Gallons {' City of Englewood Utilities Department Water Sales Rate Structure: Inside City First 400,000 $3.11 Over 400,000 $1.93 Minimum Water Charge: Meter Size Quarterly Charge Admin Fee Minimum Included Usage 5/8 " $8.03 None %" $9.16 None 1" $78.91 $9.97 $68.42 22,000 1.5" $149.82 $9.87 $139.95 45,000 2" $235.53 $11.61 $223.92 72,000 3" $435.52 $15.67 $419.85 135,000 4" $721.23 $21.48 $699.75 225,000 6" $1,375.40 $34.89 $1,340.50 450,000 {' City of Englewood Utilities Department Water Sales Rate Structure: Outside City First 400,000 $4.35 Over 400,000 $3.11 Minimum Water Charge: Meter Size Quarterly Charge Admin Fee Minimum Included Usage 518 " $8 .10 None 3,4" $8.69 None 1 " $106.42 $10.80 $95.72 22,000 1.5" $205.77 $9.98 $195.80 45,000 2" $325.08 $11.81 $313.27 72,000 3" $603.42 $16.03 $587.39 135,000 4" $997.21 $18.23 $978.98 225,000 6" $1,933.42 $37.52 $1,895.90 450,000 '' City of Englewood Utilities Department • Water 2007 2008 2009 Billed January $433,330.41 $483,418.44 $496,971.24 Revenues: February $422,082.88 $444,044 .64 $457,712.30 • *In 2009 March $192,551.82 $208,317.25 $214,625.20 there was a 7o/o rate April $393,782.81 $412,341.96 $424,605.50 increase. May $428,276.56 $428,954.42 $501,005.49 June $192,551.82 $242,353.43 $257,546 .03 July $393,782.81 $515,084.03 $501,963.21 August $544, 143.84 $629,201.36 $544,614.62 September $527,748.91 $645,088.30 $503,929.93 October $707,635.47 $782,368.55 $770,421.35 November $634,977.65 $667,891.93 $643,017.39 December $412 ,419. 16 $435,014.97 $462,045.74 Total $5,283,284.14 $5,894,079.28 $5,778,458.00 Percent Change 0% 12% -2%* {' City of Englewood Utilities Department • Financial Impact. • Billed water revenues for 2008 were $5,894,079. • With a 7°/o increase for 2009, actual water revenues were anticipated to be $6,354, 132. Billed water revenues are 2°/o lower than in 2008. • The overall revenue loss is 9°/o or about $570,000. {' City of Englewood Utilities Department • Percentage of Revenue from Base Charges vs. Volume Charges: * Unaudited, incomplete numbers 2007 2008 2009 Base Charges $232 ,931 .95 $263 ,292.00 $285 , 133.01 * Volume Charges $5,201,640.09 $5,635,353.25 $4,548, 104.86* Percentages 4.4°/o 4.6°/o 6.3°/o {' City of Englewood Utilities Department • Strategies. Englewood Utilities has its five year cash flow projection models set up in such a way that we can delay certain, non-critical capital projects until revenues allow for their accomplishment. Examples: • Routine water main replacement. • Routine ditch lining or piping. Englewood will package large capital projects and issue bonds to spread the costs to future customers who will use the facilities. • Englewood has passed multi-year rate increases. The last two multi-year increases were both 3 years in duration. The Water and ~ewer Board likes uniform increases as opposed to sudden large increases. {' City of Englewood Utilities Department • Lessons Learned. • Updating five year cash flow projections every year provides a useful tool to rapidly make decisions when revenues fall short. Budget numbers are viewed only as an authorization to spend. Division managers prepare the budget using the projected revenue requirements and manage their expenditures within that context. {' City of Englewood Utilities Department ~ Our Approach. • 1. Areas of Management -The Vicious Circle. A. Political B. Engineering C. Financial D. Legal. When engineering doesn 't work, it will destroy the other three. The other three often prevent the proper engineering. Often the political body is gone before the consequences are realized. All three of these must be in focus. {' City of Englewood Utilities Department • 2 . The Cash Flow. • The principle management tool is the 5 year cash flow which is in context of the long range capital program : 5 -50 years. It projects for each year income, expenses, bonding and year end balances as well as bond coverage. . {' City of Englewood Utilities Department Cash Flow: A. Shows the entire operation in one understandable summary. • B. Allows rapid calculation of options, i.e., adding this project or lowering salaries results in this much rate . vanance. • C. Can be used to foster engineering, financial and legal understanding to result in political acceptance because it shows consequences for various strategies. Allows the political body to join in strategic decision making on an informed basis . {' City of Englewood Utilities Department Cash Flow : • Our cash flow is computerized and tied to the budget line items. Managers budget in context of the cash flow . . ' {' City of Englewood Utilities Department 3 . For correct revenue reductions we may do all or part of: A. Lower fund balances. B . Postpone non-critical capital projects. C. Accept salary freezes with the rest of the City. • D. Analyze the cash flow with much lower increases in operation and maintenance costs . • BERG HILL GREENLEAF & RUSCITTI LLP -------·--------------- ATTORNEYS & COUNSELORS AT LAW 1712 Pearl Street • Boulder, Colorado 80302 Tel: 303.402.1600 • Fax: 303.402.1601 bhgrlaw.com David G. Hill Partner dgh@ bhgrlaw.com Daniel L. Brotzman, Esq. City of Englewood l 000 Englewood Parkway Englewood, CO 80110-0110 January 7, 2010 _. ,(} .. ' . -~\ ·. -·\ ,\ \"' J AM 1 ~ 20 10 ~) \ . Re : December Invoice Dear Dan: \--... '. ,,' / -" ·I '~~,· Enclosed please find our invoices for professional serv ices on water matters for November 24 , 2009 , through December 31 , 2009 , in the amount of $19 ,073.00 , with a total for the year of $424 ,255 .37 . The amount for this billing cycle on major cases is listed below : I Name I Amount I No. I FRICO/United 1999 Appeal $ 5,519.00 712 Chatfield Reservoir Reallocation Project 2 ,852 .00 720 FRICO/United Change and Main Burlington Appeal 1,899 .00 722 Stu Fonda has asked us to provide brief descriptions of th e reasons for Englewood 's involvement in all cases which appear on our bills each month , as w e ll as a brief summary of the work performed by this firm during the month. The following paragraphs contain these descriptions with respect to the matters reflected on the enclo sed invoices: Introduction. Please understand that this letter is a confidential attorney-client communication. Please keep it confidential. The largest bill for December was for the work on the appeal to the Supreme Court of the Water Court decision on the 1999 Agreement. The 1999 Agreement, between Denver on the one hand and the owners of the 1885 Burlington storage right, on the other hand, takes off the call from • Daniel L. Brotzman January 7 , 2010 Page 2 the 1885 right, which diverts at the Burlington headgate near the point where I-270 crosses the river. It enables Denver to divert an additional 7 ,400 acre feet of water, on average , above Englewood during the 1885 fill period. The rights on which Denver diverts the 7 ,400 acre feet were out of priority during the 1885 fill period, prior to the 1999 Agreement. Denver's new di versions injure Englewood 's rights , particularly those which allow Englewood to divert soft water at Chatfield. The appeal is set for oral argument at I 0:00 a.m. on January 21st. Preparation for the oral argument requires extensive review of the Water Court ruling, the transcript, numerous pretrial motions , and the various briefs. The next largest bill is for what has been entitled the Chatfield reallocation project. Denver has taken numerous steps to enable it to pump water out of Chatfield, leaving the Chatfield gates closed. When the gates are closed, the hardne ss level in the river at Englewood 's Union Avenue diversion point becomes so bad that Englewood must dilute the river water with water from Bear Creek or Chatfield Reservoir (if Englewood can get it). Denver has taken its various steps without obtaining 404 permits and complying with the environmental reviews associated with those permits . The analysis of Denver's 404 permit problems has been undertaken in an effort to get Denver to make reasonable provisions to relieve Eng lewood 's hardness problem . The negotiations with Denver appear to have stalled , and the next decision will be whether to call the 404 permit problems to the attention of the Corps of Engineers and the EPA. The third largest bill is for work whi ch has been designated as "Main Burlington Appeal." This is the appeal by FRICO , Burlington, Henrylyn, United and East Cherry Creek of the Water Court's ruling which vastly cut back the diversions which those parties could make at the Burlington Canal headgate. It also includes the appeal by Englewood, Denver and the foregoing parties of the Judge 's ruling curtailing diversions into the Burlington Canal by means of the Metro Pumps. There has been motion practice concerning the appea l and argument, the allowable length of the briefs , and which parties could file opening and reply br iefs on which subjects . There have also been repeated motions for delay in filing the trial transcr ip t w ith the Supreme Court, which were occasioned by time difficulties of the court reporter. We have now received the trial transcript, and our opening brief with respect to Metro Pumps is due in February, as is the opening brief of the Burlington parties named above. The remainder of the cases are described below. 1. General (#001): This matter is our general file for w o rk 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 charg e s related to general calendaring , reviewing various