HomeMy WebLinkAbout2014-10-07 WSB AGENDAWATER & SEWER BOARD
AGENDA
TUESDAY, OCTOBER 7, 2014
COMMUNITY DEVELOPMENT CONFERENCE ROOM
1. MINUTES OF THE SEPTEMBER 9, 2014 MEETING. (ATT. 1)
GUEST:
DAVID HILL -BERG, HILL & GREENLEAF -ENGLEWOOD WATER
ATTORNEY WILL DISCUSS THE HISTORY OF ENGLEWOOD
WATER RIGHTS.
2. LICENSE AGREEMENT WITHS. SUBURBAN PARKS & REC. FOR THE
BIG DRY CREEK TRAIL. (ATT. 2)
3. McLELLAN RESERVOIR DEEP WELL REHAB. (ATT. 3)
4. SOUTHGATE SANITATION DISTRICT EXCLUSION SUPPLEMENT #171.
(ATT . 4)
5. CITY OF CHERRY HILLS VILLAGE CONNECTOR'S AGREEMENT.
(ATT. 5).
6. CITY OF CHERRY HILLS VILLAGE SUPPLEMENT #5 -HARRISON
OAKS. (A TT. 6)
7. ALLEN PLANT ALUM RESIDUALS REMOVAL AND DISPOSAL. (ATT. 7)
8. OTHER.
Pre sent:
Absent:
Also pre sent:
WATER & SEWER BOARD
MINUTES
SEPTEMBER 9, 2014
Wiggins, Penn , Ol son , Lay , Gillet, Oakley , Burn s, Moore , Habenicht ,
Waggoner
Lay , Waggoner
Stewart Fonda, Director of Utilities
Peter Nichol s, Water Attorney with Berg, Hill, Greenleaf, Rusciti
Patrick Haines, of Berg, Hill, Greenleaf & Ru sci ti
David Hill, of Berg, Hill, Greenleaf & Rusciti
Tom Brennan , Englewood Utilities Engineer
Dan Brotzman , Englewood City Attorney
The meeting w as called to order at 5:00 p.m.
1. MINUTES OF THE AUGUST 19, 2014 WATER BOARD MEETING.
The Board received the Minutes of the August 19, 2014 Water and Sewer Board meeting .
Motion: To approve the August 19, 2014 Water and Sewer Board meeting.
Moved: Bums Seconded : Oakley
Motion carried unanimously.
f1l Motion to call an Executive Session to discuss water rights:
Moved: Wiggins Seconded: Habenicht
Motion approved unanimously.
I -I
EXECUTIVE SESSION BEGAN AT 5:07 p.m.
David Hill, of Berg, Hill & Greenleaf appeared to discuss Englewood's water rights and
strategies. The Como Reservoir application was discussed. A memo from David Hill stated that
it would be expensive to continue to develop this right which would produce little water. The
Board agreed with this position and that Englewood should not expend funds to continue to
perfect this right.
Motion to end the Executive Session:
Burns, Habenicht
Motion approved unanimously.
EXECUTIVE SESSION ENDED AND THE REGULAR WATER BOARD SESSION
RESUMED AT 5:40 P.M.
~
2. SOUTH ARAPAHOE SANITATION DISTRICT SUPP. #38.
A request was made by the South Arapahoe Sanitation District representing the owner, Aspen
Academy Investment Fund, for inclusion of Supplement #38 consisting of a parcel totaling 4.047
acres into the South Arapahoe Sanitation District. Through an error, it was believed that this
parcel was in the Southgate Sanitation District, but was actually located in the South Arapahoe
Sanitation District. The Petition for Exclusion from Arapahoe County District Court with
Southgate Sanitation District was granted July 8, 2014, and was recorded on July 15, 2014.
The property is located on the corner of S. University Blvd. and E. Orchard Rd. It is zoned R-1.0
PUD, which is a residential classification, but has a special use permit that allows it to operate as
a school. There are no plans to change the zoning.
Motion:
Moved:
Motion carried.
To recommend Council approval of the South Arapahoe Sanitation
District Supplement #38.
Gillit Seconded: Habenicht
3. WATER ACCOUNT SUB-METERING.
The Board received information on sub-metering which could be used as a tool for water savings
in multi-family situations where a sole master meter has been installed. This allows the property
I -2
owners or management to allocate water charges in a more equitable manner instead of using an
average, per unit basis , therefore giving the individual units an incentive for water conservation.
Englewood's position is for this to be a self-policing water management tool for multi-unit
buildings and not intended to be mandatory.
4. RV SEWER CONNECTION ON A RESIDENTIAL YARD.
The Board received a memo from Dan Brotzman, City Attorney, noting that RV's connecting to
the sewer system i s currently prohibited by Englewood Municipal Code 12-2-4G(5) and 12-2-
5B(l )(v). A residence is allowed by municipal code to have sewer clean-outs , but it can't be
used to dispo se of RV waste.
The meeting adjourned at 6 :00 p.m.
The next Water and Sewer Board meeting will be Tuesday, October 14, 2014 at 5:00 in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
J-3
City and County of Denver
Board of Water Commissioners
Water Collection System
LEGEND
D South Platte Collection System
D Roberts Tunne l Collection System
D Moffat Collection System
Williams Fork Reservoir Watershed
-.._ Major Lake or Reservoir
10
E'S3 E+3
1:1,000,000
20
Miles
Continental Divide
Major Canal or Tunnel
--Major Stream or River
Town
40
Scale number is accurate when printed at 8 .5 x 11 inches in size .
This Geographic lnformalioo Systems (GlS) map is provided 'as is' with no d aim
by ltte Denver Water Board as to the con'lJleteness. usefliness or acruracy of its conl8flt.
Cl 2008 Denver Water
Aurora
Reservoir
s
R69W
,..~·· "~)' ~.
? _ .... ;
~r'\ ~ ! ,...
~·-·
D2 -Brown Ditch
--D3 ·City Ditch
06 -High Line Canal
---DB· Last Chance (Platte Canyon)
---D9 -McBroom Ditch
Job No.: 159 1
o.te: 1 OIMl5
o.-rt: l<RG
Chocked : JrW
City of Englewood
Water Rights
R68W R67W
D10 ·Nevada Ditch
--D11 -Olsen & Bell
•••••••••• D12 • Petersburg Ditch
---D12 -Union Avenue Intake
Local Ditches
Figure 2
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... ----'
NOT SHOWN:
D1 -Boreas Pass Ditch #2
04 -Dunbar #3 Dtich
D5 • Guiraud Ditch
D7 -J.D. Brown Ditch
602 Parle Point DrNe
Suite275
Golden, co !!0401
Phone: (303) 526-2600
mwi@martinandwood.com
Date
October 20 , 2014
COUNCIL COMMUNICATION
Agenda Item
STAFF SOURCE
Subject
License Agreement with South
Suburban Parks & Recreation
Division
INITIATED BY
Utilities Department Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended at their October 14, 2014 meeting Council
approval of the Ordinance for the license agreement and construction easement with South Suburban
Park and Recreation District for the Big Dry Creek Trail connection.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
License Agreement
South Suburban Parks and Recreation District has requested a license agreement to build a bike path
across the City Ditch right-of-way. The Big Dry Creek Trail connection is located at S. Windermere,
adjacent to Cornerstone Park. This section is part of South Suburban's master plan for a bike path
that spans the South Denver Metro area. The license agreement and construction easement is for the
portion that ends in Englewood and terminates at the Big Dry Creek bike path .
Construction Easement
Plans were submitted and approved for the construction of a bike path crossing the City Ditch . The
construction easement will expire once the bike path is completed. The license agreement will then
allow crossing access over Englewood's City Ditch. The construction easement location is the same
legal as noted in the license agreement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
License Agreement
Construction Easement
2 -I
EXH J BIT "A "
LEGAL D ESCRIPT ION
A TRAIL EASEMENT OVER AND ACROSS A PORTION OF THE ENGLEWOOD CITY DITCH LOCATED IN
THE SOUTHEAST QUARTER OF SECTION 9 , TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE s:i
PRINCIPAL MERIDIAN ; CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE , STATE OF COLORADO. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 .
HAVING AN ASSUMED BEARING OF NORTH 00 ''05'41 " EAST
COMMENCING AT THE SOUTH QUARTER OF SAID SECTION 9 .
THENCE NORTH 03 '37'06 " EAST A DISTANCE OF 743.96 FEET TO A POINT ON THE SOUTHERLY RIGHT·
OF-WAY OF THE ENGLEWOOD CITY DITCH . ALSO BEING THE POINT OF BEGINNING,
THENCE THE FOLLOWING SIX (6) COURSES;
1 . NORTH 13 ~10'20" EAST , A DISTANCE OF 56 54 FEET:
2 NORTH 25 '12'18'' EAST, A DISTANCE OF 41 .45 FEET:
3 NORTH 26 ~08'43" EAST. A DISTANCE OF 3.91 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 16.00 FEET . THE RADIUS POINT OF SAID
CURVE BEARS NORTH 65°02'04" WEST:
4 NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71 "14'36", AN ARC LENGTH
OF 19 .89 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING
A RADIUS OF 50 .00 FEET ;
5 NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39 °37'11", AN ARC
LENGTH OF 34 57 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 62 .00 FEET,
6 NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23 "13'41", AN ARC LENGTH
OF 25 14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID ENGLEWOOD CITY
DITCH :
THENCE NORTH 27"44'02" EAST , ALONG SAID NORTHERLY RIGHT-0-WAY , A DISTANCE OF 79 23 FEET
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 45 .00
FEET . THE RADIUS POINT OF SAID CURVE BEARS SOUTH 62 °15'36" WEST.
THENCE THE FOLLOWING FIVE {5) COURSES:
1 SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60 "56 '19". A N ARC LENGTH
OF 4 7 <86 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING
A RADIUS OF 174 00 FEET.
2 SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09Q30'10", A N ARC
LE N GTH OF 28 .86 FEET TO T HE B EGI NNIN G OF A COM POU N D CURVE CON CAVE EAS T ERLY
HAVING A RADIUS OF 42 00 FEET:
V :\54214·02 ·Ci ty Ditch Easemen t \L egals\Trail Easement.docx
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2 -2
3 SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32 00 '18", AN ARC LENGTH
OF 23 46 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 30 00 FEET ;
4 SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53 "'57'26". AN ARC
LENGTH OF 28 25 FEET ,
5 SOUTH 62 ~15 ·55 " EAST. A DISTANCE OF 13 .75 FEET TO A PO INT ON SAID SOUTHERLY RIGHT-
OF-W.A.Y OF ENGLEWOOD CITY DITCH ,
THENCE SOUTH 27"44 '02" WEST. ALONG SAID SOUTHERLY RIGHT-OF-WAY. A DISTANCE OF 132.43
FEET TO THE POINT OF BEGINNING
CONTAI NING AN AREA OF 0 .093 ACRES . t4 .052 SQUARE FEET ), MORE OR LESS .
EXHIBIT ATTACHED ANO MADE/, PART HEREOF ,,\\\\\)\i~;11 i:11 1111 1111111i1;,
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JAMES EL YNCH. PLS NO . 37933 ~J,,:.r!. •••••••••• ~-.J#'
FOR AND ON BEHALF OF AZTEC CONSULTANTS, ff4~1\t-'f l \ p..~\J~~~~~"
300 E MINERAL AVE ,, SUITE 1, LITTLETON , CO 80122 Z<ttim;11111111i\\\\\\\\
303-713-1898
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PARCEL CONTAINS
4,052 (SQ .FT.)
0.093 ACRES
MORE OR LESS
POINT OF.
BEGINNJN(J
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LIMITS /
/ ENCLWOOD ' /~!TY DITCH I
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SECTION 9
T. 5 S., R. 68 W.
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PARCEL NO . 2077 -09 -4-00-015
/ SOOK 1864, PA GE 517 I S6:tt5'58"E ~,,.r-13 75·
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CURVE TABLE
CURVE DELTA RAD IUS LENGTH
C1 7 1'14'36" 16.00' 19.89'
C2 39"37'11" 50.00' 34.57'
C3 23·13·4 r· 62.00 ' 25 .14'
C4 6 0 '56'19tt 45 .00' 47.86'
C5 9·30·10· 174.00' 28.86'
C6 32 '00'18# 42 .00' 2.3.46'
C7 5 3'57'26~ 30 .00 ' 28.25'
eotti_T OF COMMENCEM~.Nr
0 25 50 100 SOU TH ~ /4. S C:C 9
T5S . R'j8W . tiiH P 1;1 I I I !
1 inch = 50 ft.
NOTE: THIS DRAIMNG DOCS NOT REPRESENT A FJELD MONUl.IENT£0 SURVEY AND IS ONLY INTE NDED TO DEPICT THE ATIACHED LEGAL DESCRIPTION.
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EASEMEN T EXHIB IT
SE 1/4, SEC. 9. TSS, R68W, 6TH P.M .
COUNTY OF ARAPAHOE, COLORADO
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NOTE :
PVC PIPE SHA LL MEET THE REQU IREMENTS OF ASTM F79 4
(DUAL WALL CORRUGATED PIPE) OR ASTM F1803 (CLOSED
PRDFLE) 'MTH CELL CLASSlflCA TIDN 124~4. PIPE
STIFFNESS • 46, SMOOTH INSIDE WALL AN D GASKETED
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5369 5369
5368 53';8
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5364 5364
53';3 5363
5362 53';2
5361 -5361
5360 5360
5359 .PROVIDE .JRASH GRATE I 5359
ON UP-STREAM SIDE I I
5358 Of CUL V£RT. --I I 53S8
5357 -~~:~~TC~F~ I 55 LF CONC RETE HEADWALL,..-! S3
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5355 -r 0 -0 , 5355
5354 I L ::---:_--:----------------------5354
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WALL LAYOUT LINE---1
VARIES -RE. TRAIL PLANS. I
RE. HEADWALL ELEVATION
FOR FORMLINER REQ'S.
:~ TOP OF . TRA IL: 64. 5 2 PROPOSED T.RAJL _ _ :~
!iJ6& FlN ISHEO CRAOE 5368
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5J62 5382
5361 5361
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5359 5.359
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Of DITCH , TYP . EACH END Of CULVERT. OF DITCH, T'r'P . EACH ENO OF CULVERT.
0 CITY DITCH CROSSING -SECTION
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COUNCIL COMMUNICATION
Date Agenda Item
December 1 , 2014
Subject
Mclellan Deep Well
Rehabilitation
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On May 19 , 2003 Counc i l approved the contract for the rehabilitation of the Mclellan deep
well pump with Mclemore Pump in the amount of $63 ,885 .00 .
RECOMMENDED ACTION
The Englewood Water and Sewer Board , at their October 7 , 2014 meeting recommended
Council approval of a contract for the rehabilitation of the Mclellan deep well pump with
Colorado Pump Service & Supply Company in the amount of $56 ,044.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Prior to 2002 the Mclellan deep well was used intermittently, usually a few days every three to
four months . Since then it has been utilized to offset demands , to maintain the due diligence
requirements for Englewood 's water rights and for augumentation purposes.
The well is located on the south side of County Line Road near Dad Clark Gulch . The 20-year
old pump and cable are 950 ' underground and must be replaced. Because of the depth the
line must be TV'd to determine the condition of the casing and the need for replacement.
FINANCIAL IMPACT
Five bids were received:
Layne Christensen Co .
Applied Ingenuity, LLC
Hydro Resources Rojcky Mtn. Inc.
Colorado Water Well Pump Serv.
Colorado Pump Service & Supply Co .
$87,490 .00
$81 ,226.00
$73 , 177.00
$70 ,836 .00
$56 ,044.00
Staff recommends Colorado Pump Service & Supply Co . in the amount of $56 ,044 .00. as the
lowest acceptable bidder.
Th is was budgeted in the amount of $65 ,000 in the Power & Pumping Capital Fund #40-1602-
61301.
3 -J
LIST OF ATTACHMENTS
Resolution
Quotes bid sheet
City of Englewood Bid Tabulation Sheet Apparent low Bidder
Bid Opening Date: September 18, 2014 2:00 PM MDT
ITEM BID: ITB-14-015 Mclellan Deep Well LF-M2 Rehabilitation Project
Vendor Vendor Vendor Vendor Vendor
Layne Christensen Company Applied Ingenuity, LLC Colorado Water Well Pump Servi ce Colorado Pump Service & Supply Co . Hydro Resources Rocky Mountain Inc .
17800 E 22nd Ave 10301 E 107th Pl PO Box 8Sl PO Box 1443 · 13027 WCR 18, Unit C
Aurore, CO 80011 Brighton, CO 80601 Arvada , CO 80001 Castle Rock, CO 80104 Fort Lupton, CO 80621
(303) 929-2793 (303) 907-73S4 (303) 892-9053 (303) 688-6462 (303) 857-7540
Nathan Anderson -Account Manager Devin Ca ry -Project Manager All e n Hull -VP/Manage r Kerry Wood " President· M . John Taylor -Regional Manager
.
Bid Bond Y/N y y y y y
SOQ Y/N y y y y y
Receipt of Addendum
#1 Y/N y y y y y
..
Task n1 Project
Mobilization,
Administration,
Permits, etc. $4,130.00 $S ,122.00 $2 ,000 .00 $316.00 $2,756.00
Task #2 Removal of :
Pumping Equipment $4,150.00 $2 ,295.00 $2,730.00 ... .. $2,000 .00 $3,340.00
Task n3 Video
Inspection $900.00 $1,487 .00 $1,700.00 $1,034 .00 $1,875 .00
Task #4 Equipment
Evaluation/Repair ·,: .,
Quote $600.00 $70.00 $600.00 . $350.00 $100.00 fW')
Task #5 Install Pumping
Equipment Start up : M
Services and
Installation $5,900.00 $3,516.00 $3,500.00 ·. ·. $3,992.00 $6,426.00
Task #6 Records $500.00 $576.00 $Sl0.00 . .. ·· . $471.00 $0.00
SUBTOTAL $16,180.00 $13,066.00 $11 ,040.00 $8,163 .00 $14,497 .00
#7 150 HP Subme rsible
Motor $20,340 .00 $13,806 .00 $1 S,S35.00 $12,153 .00 $15,517 .00
#8 Submersible Pump .··· ..
Sized for 450 GMP a t
9SO' TOH $7,740.00 $21 ,034.00 $2,772 .00 $4,735 .00 $8,051.00
#9 High Pressure Ch e ck <:
. .....
Valve $2,530.00 $1,320.00 $989.00 $1,153 .00 $2,762 .00
#10 Submersible Pump
Cable with Ground $30,750.00 $24,000.00 $32 ,000.00 . $21,900.00 $23,850.00
#11 Drop Pipe
Replacement $9,950.00 $8 ,000.00 $8,500.00 $7,940.00 $8,500.00
:
SUBTOTAL $71,310.00 $68,160.00 $59,796 .00 . $47,881 .00 $58,680.00
..
TOTAL AMOUNT OF
BID $87,490.00 $81,226 .00 $70,836.00 . $56,044.00 $73,177 .00
Date
December, 2014
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
Southgate Supplement #171
-Exclusion
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their October 7, 2014 meeting, recommended Council
approval of a Bill for an Ordinance approving Southgate Supplement #171.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment to approximately 32,000 accounts outside
the City through contracts with numerous connector districts. The area is defined by the
natural drainage and extends south and east from Broadway to the Valley Highway and from
Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must
approve any additions of land to be served by the districts. These are usually in-fill situations
that are within what the City considers to be the area it has committed to serve . Adequate
capacity has been provided in the treatment plant to accommodate all such future inclusions.
Exclusion of this parcel of land will not decrease the tap allocation of the Southgate Sanitation
District.
A request was made by the Southgate Sanitation District representing the owner, Aspen
Academy Investment Fund , for exclusion of Supplement #171 consisting of a parcel totaling
4.047 acres out of the Southgate Sanitation District. The property is currently zoned R-1.0
PUD, which is a residential classification, but has a special use permit that allows it to operate
as a school.
Through an error , it was believed that this parcel was in the Southgate Sanitation District, but
was actually located in the South Arapahoe Sanitation District. The Petition for Exclusion
hearing from Arapaahoe County District Court with Southgate Sanitation District was granted
on July 8, 2014 and recorded on July 15, 2014. The property is located on the corner of S.
University Blvd. and E. Orchard Rd .
FINANCIAL IMPACT
None.
'-I -J
LIST OF ATTACHMENTS
Bill for Ordinance
Southgate Sanitation District Supplement #171
SGSUPP171
y -z
SUPPLEMENT NO. 171 TO CONNECTOR'S AGREEMENT
(EXCLUSION TO CONl\TECTOR'S AGREEMENT)
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD , acting by an through its duly authorized Mayor and City Clerk,
hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe
and Douglas Counties, Colorado, hereinafter called the "District,"
WITNESS ETH:
WHEREAS, on the _2nd day of __ June , 197 5 __ the City and
the District entered into an Agreement in which the City agreed to treat sewage
originating from the District's sanitary sewer system within the area served by the
District , which Agreement was renewed by the Connector's Agreement dated
____ .May 12, 1997 __ _
WHEREAS, said Connector's Agreement provides that the district may not decrease
service area without the written consent of the City;
NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein
set forth, the parties agree as follows:
1. The City hereby consents to the exclusion of certain area located in Arapahoe County,
Colorado, owned by __ Aspen Academy Investment Fund, 5859 S . University Blvd.,
Littleton, CO 80121 and more fully described on Exhibit A
attached hereto and incorporated herein by reference, out of the Southgate Sanitation
District. Accordingly, Exhibit A referred to in Paragraph 1 of the Connector 's
Agreement dated June 2, 1975_ and Amended May 12 ,
1997 , is hereby amended to exclude such area .
2. Each and every other provision of the said Connector's Agreement dated _June 2,
1975 and Amended __ May 12, 1997 , shall remain
unchanged.
IN WITNESS WHEREOF , the parties have set their hands and seals this
_____ day of , 20 __ _
ATTEST:
CITY CLERK
(SEAL)
ATTEST:
SECRETARY
(SEAL)
Supplement for Connectors Agr.doc
CITY OF ENGLEWOOD
MAYOR
SOUTH GA TE SANITATION DISTRICT
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
r-hJ:SOUTHGATE WATER & SANITATION
DISTS .
3722 E ORCHARD ROAD
CENTENNIAL , CO 80121
STATE OF COLORADO
COUNTY OF ARAPAHOE
) SS.
)
IN THE MATTER OF EXCLUSION OF
LANDS WITHIN THE SOUTHGATE
SANITATION DISTRICT
EXHIBIT A
Reception#: 04062773, 07/15/2014 at
02:22:01 PM , 1 OF 3 , N, Rec Fee $21.00
Arapahoe County CO Matt Crane , Clerk &
Recorder
BEFORE THE BOARD OF DIRECTORS
OF THE
SOUTHGATE SANITATION DISTRICT
THIS MATTER COMING ON TO BE HEARD ON July 8, 2014 by the Board of Directors of the So uthgate
Sa nitation District (District).
THE BOARD FINDS:
1. That a written Petition in compliance with Se ction 32-1-501(1), C.R.S. was fi led with the Board
of Directors pray ing for the exclus ion from the District of the follow ing legally described property,
known as the Aspen Academy property (Parce ls A-D), situated in the County of Arapahoe, Sta t e of
Colorado:
PARCEL A: A PARCEL OF LA.ND BEING IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5 SOUTH,
RANGE 68 WEST OF THE 6TH PRI NC IPAL MERIDIAN, MORE PARTICULA.RLY DESCR IBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF EAST ORCHARD
ROAD , BEING 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LI NE OF THE SAID SOUTHEAST
1/4, WITH THE WEST RIGHT OF WAY LINE OF SOUTH UNIVERSITY BOULEVARD BEI NG 45 FEET WEST
OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST 1/4; THENCE NORTHERLY ALONG SAID
WEST RIGHT OF WAY LINE A DISTA NC E OF 178.70 FEET; THENCE WESTERLY AND PARALLEL WITH
SAID SOUTH LINE ON AN INTERIOR ANGLE TO THE RIGHT OF 88 DEGREES 41 MINUTES 20
SECONDS A DISTANCE OF 163.70 FEET; THENCE SOUTHERLY AND PARALLEL WITH THE EAST LINE
OF THE SAID SOUTHEAST 1/4 ON AN INTER IOR ANGLE TO THE RIGHT OF 91DEGREES18 MINUTES
40 SECONDS A DISTANCE OF 178.70 FEET TO A POINT ON THE SAID NORTH RIGHT OF WAY LINE;
THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY LINE ON AN INTERIOR ANGLE TO THE
RIGHT OF 88 DEGREES 41 MINUTES 20 SECONDS A DISTANCE OF 163.70 FEET TO THE POINT OF
BEG INNING, COUNTY OF ARAPAHOE, STATE OF COLORADO.
PARCEL B: A PARCEL OF LA ND BEING IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5 SOUTH ,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
BEGINNING AT THE PO IN T ON THE NORTH RIGHT OF WAY LINE OF EAST ORCHARD ROAD, BEING 30
FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4, 208 .7 FEET WEST
OF AND PARALLEL TO THE EAST LINE OF THE SOUTHEAST 1/4; THE NCE NORTHERLY AND PARALLEL
TO THE SAID WEST RIGHT OF WAY LINE A DISTANCE OF 178.70 FEET; THENCE WESTERLY AND
PARALLEL WITH SAID SOUTH LINE ON AN INTERIOR ANGLE TO THE RIGHT OF 88 DEGREES 41
MINUTES 20 SECONDS A DISTANCE OF 206.70 FEET TO A POINT ON THE EASTERLY BOUNDARY
LINE OF THE PARCEL DESCRIBED IN BOOK 814 AT PAGE 585; THENCE SOUTHERLY ALONG SAID
EASTERLY BOUNDARY LINE AND PARALLEL WITH THE EAST LINE OF THE SAID SOUTHEAST 1/4, ON
AN INTERIOR ANGLE TO THE RIGHT OF 90 DEGREES 18 MINUTES 40 SECONDS A DISTANCE OF
EXHIBIT A '1 -s
178.70 FEET TO A POINT ON THE SAID NORTH RIGHT OF WAY LINE; THENCE EASTERLY ALONG SAID
NORTH RIGHT OF WAY LINE ON AN INTERIOR ANGLE TO THE RIGHT OF 88 DEGRE ES 41 MINUTES 20
SECONDS A DISTANCE OF 206.70 FEET TO THE PO IN T OF BEGINN IN G. COUNTY OF ARAPAHOE ,
STATE OF COLORADO.
PARCEL C: A PARCEL OF L!\ND BEI NG IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5 SOUTH,
RA NGE 68 WEST OF THE 6TH PRINCIPAL MERIDIA N, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEG INNING AT A PO IN T 500 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 14;
THENCE WEST 417.4 FEET TO THE NORTHEAST COR NER OF THE TRACT OF LA.ND DESCRIBED IN
DEED RECORDED MAY 31, 1952 IN BOOK 759 AT PAGE 176; THENCE SOUTH ALONG THE EAST LINE
OF SAID TRACT A DISTANCE OF 291.3 FEET; THENCE EAST 417.4 FEET, MORE OR LESS , TO THE
EAST LINE OF SAID SECTION 14; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 14 A
DISTANCE OF 291.3 FEET TO THE POINT OF BEGINN IN G;
EXCEPTING THEREFROM THAT PART OF SAID TRACT LY ING EAST OF THE WEST LINE OF THE PARCEL
CONVEYED TO THE DEPARTMENT OF HIGHWAYS IN BOOK 1655 AT PAGE 253, COUNTY OF
ARAPAHOE, STATE OF COLORADO.
PARCEL D: TRACT C, GREEN OAKS , COUNTY OF ARAPAHOE , STATE OF COLORADO .
2. That said Petition was signed by 100% of the fee owners of the respective real prop erty to be
excluded , and that the sa id signa tu re was acknowledged in the same manner as conveyan ces of
land are required to be ackn owled ged ; and that the Petit ion compl ies with all requ irements as
specified by law.
3 . Th at the Board fixed a hearing upon said Petition for Exclusion for Tuesday, July 8 , 2014 at
the Distr ic t offices located at 3722 East Orchard Road, Centennial , CO 80121 at 4:00 P.M.; a
Notice thereof, as requ i red by law, was published in the Littleton Independent, a newspa per of
gen eral c irc ulation in the Distric t.
4. That the cond itions fixed by the Board and requ ir ed by law for exclusi on s have been satisfied
and accepted.
5. That no wr itte n objections to t he grant ing of the Pet iti on were presen ted to the Board.
6. That the Board has heard all matters relat ive to the Pet ition at a publ ic meeting held at the
t ime and on the date set forth in Paragraph 3 above , and pursuant to Section 32-1-501(3 )(a), C.R.S.
finds:
6 .1 That such exclusion is in the best in terest of the property see ki ng exclusio n;
6.2 Exclusion is in the best interest of District and Arapahoe County;
6 .3 The cost and benefits to the property seeking exclus ion of the prov ision of the District
services is minimal because it is already develo ped land and currently included in the
boundaries of a separate san ita tion district;
2
'-1 -ii
6.4 The exclusion of the property will not have an adverse impact on serv ice by the District
to other properties within the District's boundar ies;
6.5 The South Arapahoe San itation District can provide ec on omical and reasonable serv ice
to the property on a comparable basis;
6 .6 There are no emp loyment or economic impacts arising from this exclusion;
6.7 Den ial of the petit ion would have a negative economic impact on the region,
surrounding area and state as a whole by continuation of double taxation on sa id property;
6.8 There is no add it ional cost to be levied on other properties within the District if th is
exclusion is granted .
WHEREFORE , IT IS ORDERED BY THE BOARD OF DIRECTORS OF THE SO UTHGATE SANI TATION
DISTRICT that.the Petition be granted and the property situated in t he County of Arapa h oe, State of
Co lorado , described above be and hereby is, excluded from the Southgate Sanitatio n District.
DATED: July 8 , 2014
SOUTHGATE SANITATION DISTRICT
Pre sid ent
(SEA L)
3
y .... 7
1"
IF THIS BAR IS NOT DIMENSION SHOWN ,
ADJUST SCALES ACCORDINGLY .
SOUTH ARAPAHOE SANITATION
DISTRICT ----------
KENN EDY/JENKS CONSULTANTS
LAKEWOOD , COLORADO
ASPEN ACADEMY
DATE
<n
:r
1446017'00 Exhlblts.dwg
SHEET
8/18/2014 1 OF1
Date
December 1, 2014
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
City of Cherry Hills Village
Sanitation District
Wastewater Connector's
Agreement
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved a standard sanitary sewer connector's agreement in January, 1988.
RECOMMENDED ACTION
At their October 7, 2014 meeting, the Englewood Water and Sewer Board recommended
Council approval of the City of Cherry Hills Village Sanitation District Wastewater Connector's
Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries
through the standard connector's agreement. The Littleton/Englewood Wastewater Treatment
Plant is able to receive and treat sewage transmitted by various districts. The attached
agreement addresses this service with the district that owns and maintains the sewer mains.
In the City of Cherry Hills Village Sanitation District there are 9,750 taps. The City of Cherry
Hills Village Sanitation District will continue to own the lines and will be responsible for capital
improvements in its system . The attached map shows the City of Cherry Hills Village
Sanitation District.
The City Attorney's office has reviewed and approved the City of Cherry Hills Village
Connector's Agreement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Resolution
City of Cherry Hills Village Sanitation District Wastewater Connector's Agreement
Map
s -}
RESOLUTION NO.
SERIES 2014
INTRODUCED BY:
SECONDED BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHERRY HILLS
VILLAGE AUTHORIZING THE MAYOR TO EXECUTE A WASTEWATER
CONNECTOR'S INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
ENGLEWOOD ON BEHALF OF THE CITY
WHEREAS, the City of Cherry Hills Village ("City") is authorized to enter into
intergovernmental agreements pursuant to C.R.S. § 29-1-201 et seq . and Article XIV, Section
18(2)(a) of the Colorado Constitution; and
WHEREAS, Section 13 .6 of the City's Home Rule Charter provides that the Council
may, by resolution or ordinance, enter into agreements with other governmental units for
services; and
WHEREAS, the City entered into that certain Wastewater Connector's Agreement with
the City of Englewood dated September 30, 1993 (the "Connector's Agreement"); and
WHEREAS, the City and Englewood amended the Connector's Agreement on
November 15, 1995 (the "1995 Modification") to enlarge the service area under the Connector's
Agreement to include the entire geographic area of the City of Cherry Hills Village as the same
now exists or may be amended from time to time, and as such service area is more particularly
described and set forth in the 1995 Modification; and
WHEREAS, the Connector's Agreement, as modified by the 1995 Modification, is set to
expire on September 30, 2014; and
WHEREAS, the City of Englewood owns and operates a sewage collection system,
including the Littleton/Englewood Wastewater Treatment Plant which is located at 2900 S.
Platte River Drive and is jointly owned with the City of Littleton; and
WHEREAS, Englewood's sewage collection is physically located so as to be able to
continue to receive and treat wastewater from the City of Cherry Hills Village; and
WHEREAS, the City Council desires to renew the Connector's Agreement with the City
of Englewood; and
WHEREAS, the City Council desires to authorize the Mayor to execute the Connector's
Agreement with Englewood once the same has been reviewed and approved by the City
Manager and the City Attorney .
Resolution_, Series 2014
Page I of2
5 -z
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CHERRY HILLS VILLAGE, COLORADO THAT:
Section 1. Execution of Connector's Agreement Authorized. The City Council
hereby (a) adopts the above recitat ions as findings of the City Council; (b) approves entering
into a Wastewater Connector's intergovernmental agreement with the City of Englewood; (c)
authorizes the City Manager and the City Attorney, in consultation with the Mayor, to make such
changes as may be needed to the Connector's Agreement to correct any nonmaterial errors or
language that do not increase the obligations of the City; and (d) authorizes the Mayor to
execute the Connector's Agreement on behalf of the City when in final form.
Section 2 . Effective Date. This Resolution shall be effective immediately.
Introduced, passed and adopted at the
regular meeting of the City Council this _day
of September, 2014, by a vote of_ Yes and_ No .
ATTEST:
Laura Smith, City Clerk
(SEAL)
Resolution_, Series 20 I 4
Page 2 of2
Douglas M. Tisdale, Mayor
Approved as to form:
Linda C. Michow, City Attorney
5 -3
WASTEWATER
CONNECTOR'S AGREEMENT
For CITY OF CHERRY HILLS
4/19 /2012
Revision
Sewer Contract No. ___ _
THIS AGREEMENT, made and entered into this day of
_________ , 20 __ to be effective as of , 20 _; by and
between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter
referred to as "City,'' acting by and through its duly elected, qualified and authorized Mayor and
City Clerk, and the CITY OF CHERRY HILLS, a municipal corporation and subdivision of the
State of Colorado, hereinafter called "Cherry Hills,'' acting by and through its authorized
Representative.
WITNESS ETH
WHEREAS, the City owns and operates a sewage system, including a sewage treatment plant
which is jointly owned and operated with the City of Littleton, so situated physically as to be
able to receive and treat the sewage from a designated area served by Cherry Hills and gathered
by the Cherry Hills' sanitary-sewage system; and
WHEREAS, it is the desire of Cherry Hills to utilize the facilities owned by the City for the
treatment of sewage and the City is willing to serve Cherry Hills for treatment of sewage under
certain conditions;
NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and
valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows:
I. The City hereby agrees under the conditions hereinafter set forth, to treat the sewage
originating from the Cherry Hills' sanitary sewer system within the area served by
Cherry Hills as approved by the City and as indicated in the description attached hereto,
incorporated herein and marked as "Exhibit A."
Cherry Hills specifically agrees to prevent sewage from any area other than that
described herein, from being discharged into Cherry Hills' sanitary sewage system
connected to the City's trunk line and to prevent connections to the system from or in
any area other than those described herein .
2 . In the operation of the Cherry Hills sanitary sewer system, Cherry Hills agrees that all
applicable Code provisions and rules and regulations of the City, including amendments
thereto during the term of the contract, shall be the minimum standards for the Cherry
Hills' system. Cherry Hills further agrees to abide by all applicable state and federal
laws, rules, regulations, or permits, including those of the Environmental Protection
Agency (the EPA) as they become effective or implemented or upon notice from the
City. Cherry Hills shall inform all users, contractors and subcontractors of such
standards, rules and regulations upon inquiry from such persons, and shall not furnish
any information inconsistent therewith. In this regard, it shall be the responsibility of
Cherry Hills to obtain the applicable requirements from the appropriate governing body .
1
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The City shall attempt to maintain and provide information on all requirements to Cherry
Hills; however, the City does not guarantee the accuracy or completeness of government
regulations other than the City's own regulations.
3. Regarding the provision of sewer service, the City's permitting requirements shall be
followed by Cherry Hills and its users. All sewer plans, specifications and methods of
work within Cherry Hills shall be submitted to the City in writing and approved by the
City prior to any construction or tap in Cherry Hills ' designated area. No permit shall be
final and no service shall be provided to property until construction is approved, in
writing by the City.
4. Cherry Hills shall be responsible for the proper maintenance of its sewer system and
shall rectify any problems or conditions which have been determined by Cherry Hills or
the City to be detrimental to the City's treatment process or system. Should the City
determine that any discharge enters the sewer system contrary to applicable laws,
ordinances, statutes, rules, regulations or permits, Cherry Hills agrees to proceed at once
to take whatever lawful means may be necessary to rectify any such problem or
condition .
5. The City shall have the right to allocate service under this Contract, and the City may
deny additional service for any utility-related reason, but in no event will the City
terminate or refuse any service without cause . The City shall have the right to disconnect
service to any area annexed to Cherry Hills when such annexation takes place without
prior written City approval.
Within one year of this agreement, Cherry Hills shall provide the City with an estimate
of the number of equivalent service taps needed for the next five (5) years under current
zoning and planned build out in the Cherry Hills area as shown on Exhibit A. Cherry
Hills shall continue to monitor zoning changes within its area to estimate its tap
requirements and provide the City with notice of tap requirement for the next five ( 5)
year period which time shall be given to the City on each anniversary date of this
Agreement in a form satisfactory to the City.
6. The City may impose and collect reasonable fees, tolls and charges, which shall be
uniform as to all outside-City users for the services provided by the City under this
Connector's Agreement.
The City shall bill Cherry Hills' users directly for all applicable City charges for services
rendered under this Agreement. Should any user not pay the City, the City shall bill
Cherry Hills and Cherry Hills shall pay the amount due to City within forty-five ( 45)
days of such billing. These charges are subject to adjustment by the City from time to
time. When such adjustment to these charges are made, the City shall give Cherry Hills
forty-five ( 45) days advance written notice.
The City may bill and collect "District Charges" imposed by Cherry Hills as an
additional item to be billed and collected by the City along with the City's Treatment
charge and other fees. The "District Charges " received by the City shall be remitted by
the City to Cherry Hills annually; less an amount equal to the City and Cherry Hills
charges which remain delinquent. Cherry Hills shall notify the City of any changes in
the Cherry Hills charges to be imposed and the remittance schedule before May 151 of
each year .
2
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7. Subject to the terms of the Taxpayer's Bill of Rights (TABOR), the term of this
Agreement is for a period of three (3) years from the date of execution and automatically
renewed for six (6) subsequent three (3) year periods unless either party gives a
minimum of six ( 6) months written notice, during which time Cherry Hills agrees that all
effluent produced from taps within Cherry Hills shall not be in violation of any federal ,
state or City laws, rules or regulations, or any other applicable governmental regulations
or the permits under which the City operates its sewage treatment system. The City
agrees , during the term hereof, to treat said effluent and to maintain adequate facilities
for treating the same .
8 . Cherry Hills agrees that it will maintain, at its own expense, all lines now owned and
operated by Cherry Hills, it being specifically agreed that the City assumes no
responsibility should any of Cherry Hills' lines become clogged, damaged, or require
maintenance . Cherry Hills shall, if it deems necessary, notify its users of Cherry Hills'
procedure to remedy service disruption.
9. The City is providing only sewage treatment service and, pursuant thereto; any permits
incidental to the use of the City's sewage lines shall be governed only by this individual
Contract with Cherry Hills and the City does not, by this Contract, offer treatment
service except in strict accordance with the terms hereof. This Contract does not offer,
and shall not be construed as offering, sewage treatment service to the public generally
or to any area outside the limits of Cherry Hills' service area described in Exhibit A.
10. This Contract may not be assigned, sold or transferred by Cherry Hills without the City's
written consent.
11. Should any federal law, rule, permit or regulation or should a decree or order of a court
render void or unenforceable any provision of this Contract, in whole or in part, the
remainder shall remain in full force and effect.
12. Cherry Hills shall enforce this Agreement and each of its terms and conditions within the
area described in "Exhibit A." Cherry Hills shall refuse to serve a user or potential user;
disconnect the service of any user pursuant to appropriate law; or take other appropriate
action in the event of:
a. Nonpayment of such user of any charge made by the City for services;
b. Any violation or noncompliance by such user with the terms of this Agreement;
c . Any violation or noncompliance by such user with the applicable laws , rules,
permits or regulations of the City, the United States government, including the
EPA, the State of Colorado, the Department of Health, or other law, rule, permit or
applicable regulation.
13 . Continued breach of this Agreement by Cherry Hills and/or its users shall be considered
cause for the City to terminate this Agreement. Should Cherry Hills fail to promptly
rectify a breach of any provisions identified herein, after notice thereof, the City may
take such steps and do such work as it deems necessary to enforce this Agreement,
including litigation and specifically a right to injunction or specific performance against
3
S-<t>
Cherry Hills or any of its users as is necessary to protect the City 's system and
operations . The prevailing party shall be entitled to expenses and costs of suit, including
attorney fees.
14. Should more than one district or City be connected to a sewer line, all districts or Cities
on the sewer line who are in breach of this Agreement shall be jointly and severally
liable for any such breach of this Agreement and each such district shall immediately,
after notice, rectify any problem or condition detrimental to the treatment process arising
within its legal boundaries . When more than one district is connected to a sewer line ,
and the City discovers any violation of the terms of this connector's agreement; the City
shall not be required to prove which district is at fault but shall make available to all such
affected districts and Cities all information developed or accumulated by the City
pertaining to such breach. Nothing contained herein shall preclude a claim for indemnity
or contribution by any District or City against another District or City connected to a
common sewer line . CRS-13-21-111.5, as amended shall govern the percentage of
liability of any district on a common sewer line in the event the City seeks to impose
liability based upon negligence or fault.
15. This Contract shall not be used as a legal defense or prohibition to the mandatory
consolidation of facilities by either party as may be required by the laws of the State of
Colorado of all existing sewer collection systems and facilities to a governmental entity
created to assume responsibility for sewer service in the area in which both the City and
State are a part under statutory or constitutional authority .
CITY OF ENGLEWOOD, COLORADO
, Mayor
ATTEST:
, City Clerk
CITY OF CHERRY HILLS VILLAGE
, Mayor
ATTEST:
, City Clerk
4
s-7
EXnI3IT ".Z\"
Geographic boundaries of the City of Cher~y Hills Village, County
of Arapahoe, State cf Colorado:
Commencing at t~e NW corner of the S 1/2 of the NW 1/4 of
the NW 1/4 of Section 2, Tcwnship 5 South, Ranse 68 West
of tte 6th Principal Meridian; thence East to_t.b.~ SW cor~er
of the NW l/ 4 cf the NE l/ 4: of the t\"W l/ 4, _, chence North to
the NW corner of th~ NE 1/4 cf the NE 1/~ of the NW 1/4 of
said Setion 2, thence East along__the North line of Section
2 to the NW cor~er of Section l~ Tow::ship 5 Sout~. Range
68 West, continuing East along the Nor:h line of said
Sectior. 1 to the NW ccrnP.r of Section 6, Townshin 5 South,
Range 6i West of the 6t~ Principal M~r:diar., continuing
East alcno the North line of said Sec:ion 6 to the NE
corner cf-the NW 1/4 of said Section 5, thence South along
the East line cf the NW 1/4: of said Sect~on 6 to the center
of Section 6, Township 5 South, Ra!lge 67 West, thence _East
along t~e North line of the SE 1/4 of said Sec~ion 6,
2,642.16 feet tc the NE corner of the SE 1/4 of said Section
5, thence Nortt along the East line of said Section 5, 10.88
feet to the ce~te= line of F.appy Canyon Road, thence South
44°35'35" East 3,708.45 feet to the North 1/4 corner of
Sccticn 8, Township 5 Scut~, Runge 67 Weat of the 6t~ Prin-
cioal Meridiar-, ther-ce South on the West line of the NE 1/4
of-Section 8, Township 5 South, Range 57 West tc the center
of said Section 8, continuing South alcng the West line of
tte SE 1/4 of said Section 8 to the s~ corner of the SE 1/4
of said Section 8, thence West to tte SE corr.e= of Section
7, Township 5 South, Rang~ 67 West of the .6th Principal
Meridian; continuing West along tte So~th line of said
Section 7 to tr.e SE corner cf Section 12, Township 5 South,
Range 68 West cf the 6th Principal Meridian, continuing West
alcng thG South line cf said Sec:ion 12 to the SE corner of
Section 11, Township 5 South, Range 68 West of the 6th
Principal Meridian, continu:ng West along the South line of
said Section 11 to the SW corne= of said Section 11, the~ce
Ncrth along the west line of said section 11 to the SW
corner of Section 2, Township 5 South, Range 68 West of the
6th Principal Me=idian, continuing North along the W~st
li~e of said section 2 to the point of beginning.
EXCLUDING TEE PROPERTY ON THE SOUTHEAST CCRNER OF
UNIVERSITY AND EAST HAMPDEN AVENUE KJ.~O~ AS THE BUELL
PROPERTY
Page 1 of 3
5 -8
LEGAL DESCR!PT!ON
OF T2E PROPERTY KNOWN AS
THE BUELL PROPERTY
A parcel of land lying in the Northwest one -quarter (NW 1/4) of
Section l, Township 5 Sc~th, Range 68 West of thG 6th Principal
Meridia~, City of Cherry Hills Village, County of Arapahoe, State
of Colorado, more particularly described as follows:
For the purpose of this descYiption the bearing are based on the
easterly line of said NW 1/4 to bear South 00°18'12 11 West.
Comrner.cing at the Northwest corner of said Section l;
Thence South 00°18'00" West along the westerly line of said
Section l a distance of 75.00 feet to a point;
Thence North 89°57'19" East parallel with and 75.00 feet
aoutI'.erly of the northerly line of said Section 1 a
distance of 87.00 feet to the POINT OF BEGINNING;
Thence continuing North 89°57'19" East along the southerly right
of way of East Hampden Avenue (US 285) as described in
Bock 1153 at Page 81 a distanc~ of 99Z.:5 feet to a point;
T~F-nce South 00°02'41" East continuing along said southerly right
of way line a distance of 5.00 feet to a point;
Thercce North 89°57'19" East continuing along said southerly right
cf way line a distance of 826.67 feet to a pointi
Thence South 00°19'28 11 West a distance of 2077.26 fe~t to a
point;
Thence North 89°13'30" West a distance of 1165.00 feet to a point
on the eas~erly line of The Reserve at C!:i 'erry Hills;
Thence Nc.rth 00°18'00" East along said easterly line a distance
of 1180.00 feet to the northeas~ corner of said Reserve;
Thence North 89°13'30" West a distance of 680.00 feet alcng the
northerly lir.e of said Reserve to a point on the easterly
right of way line of South University Avenue as described
in Book 1597 at Page 237;
Thenc~ North 00°18'00" East along said easterly right of way line
a dist~nce of 601.03 feet to a point;
Thence North 07°06'00" East continuing along said easterly right
of way line a distance of 100,70 feet to a point;
Thence North 00°18'00" East continuing along said easterly right
of way line a distance of 160.00 feet to a point;
Thence North 45°27'02" East continuing along said easterly right
of way line a dista~ce of 21.27 feet to the POINT OF
BEGINNING,
Containing 69.07 acres, mo~e or less.
Page 2 of 3
s-'1
LAFAYETTE
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ct> VILLAGE
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Page 3 of 3
5-/D
Memorandu1n
To:
From:
Subject:
Date:
Cathy:
CITY OF CHERRY HILLS V ILLAGE
SANITATION D ISTRICT
Cathy Burrage -City of Englewood
Kathy McKune
Harrison Oaks North
September 23, 2014
Attached is a completed Supplement to the Collilectors Agreement and Exhibit A, for
the property knovm as Harrison Oaks North.
CHV SD is requesting thattbis matter be included on Englewood's October 14, 2014,
Sewer & Water Board meeting Agenda. As we discussed, the CHVSD board meets on October 6,
2014 and I expect to get this document signed that evening. I will bring 4 executed copies to you
on October 7 , 2014.
o~ner:
Use of Property:
#of taps:
Zoning:
Harrison Oaks North, LLC
Residential
5-6 residential sites
R-2.5, 2.5 acre residential
Let me know if you need additional information. Thank yo u for your assistance in
this matter. Have a great day!
Kathy.
D:\CHVSD\Harrison Oaks -Belkview & Co!orado\Memo-Englc:wood 01 .wpd
s-11
COUNCIL COMMUNICATION
Date Agenda Item
December 1, 2014
Subject
Cherry Hills Village San.
District Sanitary Sewer
Supplement #5 for Harrison
Oaks North
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their October 7, 2014 meeting, recommended Council
approval of a Bill for an Ordinance approving the City of Cherry Hills Village Sanitation District
Sanitary Sewer Supplement #5 for Harrison Oaks North located at 4000 E. Belleview Ave.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment to a population of about 80,000 people
outside the City through contracts with numerous connector districts. The area is defined by
the natural drainage and extends approximately south and east from Broadway to the Valley
Highway and from Hampden to Lincoln Ave . excluding Highlands Ranch. By contract the City
of Englewood must approve any additions of land to be served by the districts. These are
usually in-fill situations that are within what the City considers to be the area it has committed
to serve. Adequate capacity has been provided in the treatment plant to accommodate all
such future inclusions. Annexation of this parcel of land will not increase the tap allocation of
the City of Cherry Hills Village Sanitation District.
A request was made by the City of Cherry Hills Village Sanitation District representing the
owner, Harrison Oaks North LLC, for inclusion into the City of Cherry Hills Village Sanitation
District. This application is for Tract 215 and Tract 216, along with portions of Tracts 214, 217
and 218 in South Denver Gardens, Arapahoe County. The site is on 16.269 acres and is
zoned R-2.5 residential. The site will be subdivided into 5 to 6 residential sites. The legal is
attached as Exhibit A . The property is located at 4000 E. Belleview Ave.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
Supplement No. 4 to Connector's Agreement
Cherry Hills Viii. Sewer Supp 4 .doc
~ -J
SUPPLEMENT NO. 5 TO COI\1NECTOR'S AGREEMENT ---
THIS AGREEtvffiNT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by an through its duly authorized Mayor and City Clerk,
hereinafter called the "C ity," and the City of Cherry Hills Village Sanitation District,
.Arapahoe and Douglas Counties, Colorado, hereinafter called the "District,"
WITNESS ETH:
'WHEREAS, on the 2nd day of June, 1975 the City and the District entered into an
Agreement in which the City agreed to treat sewage originating from the District's
sanitary sewer system within the area served by the District, which Agreement \Vas
renev.red by Connector's Agreement dated May 12 , 199 7.
Vv'HEREAS, said Connector's Agreement provides that the district may not enlarge its
service area without the v.'fitten consent of the City;
NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein
set forth, the parties agree as follows:
1. The City hereby consents to the inclusion of certain additional area located in
Arapahoe Cotmty, Colorado, O'wned by Harrison Oaks North LLC and more fully
described on Exhibit A attached hereto and incorporated herein by reference, into the
City of Cherry Hills Village Sanitation District. The City agrees that said additional area
may be served \\rith the sewer facilities of the district:, and that the City vvill treat the
se\vage discharged into the City's trunk line from said additional area, all in accordance
·with the Connector's Agreement dated June 2, 1975, and Amended May 12 , 1997.
Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated
June 2, 1975 and Amended May 12, 1997, is hereby amended to include such additional
area.
2. Each and every other provision of the said Connector's Agreement dated June 2, 1975
and Amended May 12, 1997 , shall remain unchanged.
IN '\''ITNESS WHEREOF, the parties have set their hands and seals this
-----day of . 2014.
~-2
ATTEST:
CITY CLERK
(SEAL)
ATTEST:
SECRETARY
(SEAL)
Supplement for C.onncctors Agr.doc
CITY OF ENGLE\VOOD
MAYOR
CITY OF CHERRY HILLS VILLAGE
SANITATION DISTRICT
ARAPAHOE COUNTY, COLORADO
(p -3
EXHIBIT A -LEGAL DESCRIPTION
CHERRY HILLS VILLAGE SANITATION DISTRICT INCLUSION
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING ALL OF AMENDED PLAT OF TRACT 215 AND TRACT 216 ,
SOUTH DENVER GARDENS RECORDED UNDER RECEPTION NO. 94-4907 , THAT
PORTION OF TRACTS 214, 217 , 218 AND THE EAST 48 FEET OF TRACT 213 LYING
NORTH OF THE HIGHLINE CANAL RIGHT-OF-WAY ALONG WITH ALL THAT PORTION OF
VACATED CHAMBERLIN AVENUE LYING NORTH OF THE HIGHLINE CANAL, SOUTH
DENVER GARDENS RECORDED IN PLA.T BOOK A2 AT PAGE 32B AND THE WEST HALF
OF VACATED COLORADO BOULEVARD VACATED IN BOOK 1620 AT PAGE 526 , LYING
NORTH OF THE HIGHLINE CANAL, ALL IN SECTION 13 , TOWNSHIP 5 SOUTH , RANGE 68
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE , STATE OF
COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN , ARAPAHOE
COUNTY, COLORADO , BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3"
ALUMINUM CAP IN A RANGE BOX STAMPED "COLO DEPT OF HIGHWAY 1991 PLS 27278"
AND AT THE EAST QUARTER CORNER BY A 2-1/2" ALUMINUM CAP IN A RANGE BOX
STAMPED "PLS 25379 2009", BEING ASSUMED TO BEAR S00 °15'42'W , A DISTANCE OF
2642.51 FEET.
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 5 SOUTH ,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE ON THE EAST LINE OF SAID SECTION 13, S00 °15'42'W A DISTANCE OF 75.00
FEET , TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST BELLEVIEW AVENUE AND
THE POINT OF BEGINNING ;
THENCE CONTINUING ON SAID EAST LINE , S00°15'42'W A DISTANCE OF 979 .13 FEET,
TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE HIGHLINE CANAL;
THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5)
COURSES :
1. N46°40'15'W A DISTANCE OF 36.98 FEET, TO A POINT OF CURVE;
2 . ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1030.37 FEET, A
CENTRAL ANGLE OF 07°19 '00" AND AN ARC LENGTH OF 131.58 FEET, TO A
POINT OF TANGENT;
3. N53°59'15'WA DISTANCE OF 228.50 FEET, TO A POINT OF CURVE ;
4. THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1030.37
FEET, A CENTRAL ANGLE OF 13 °14'00 " AND AN ARC LENGTH OF 237.98 FEET , TO
A POINT OF TANGENT ;
5. N67 °13'15'W A DISTANCE OF 554.48 FEET, TO A PO INT MONUMENTED BY A NO .
5 REBAR WITH NO CAP;
THENCE ON A LINE BEING PARALLEL WITH AND 48 .00 FEET WESTERLY OF THE
EASTERLY LINE OF TRACT 213 , SOUTH DENVER GARDENS , N00 °22 '37 "E A DISTANCE
OF 458 .30 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST BELLEVIEW
AVENUE MONUMENTED BY A NO . 4 REBAR WITH NO CAP ;
THENCE ON SAID SOUTHERLY RIGHT-OF-WAY LINE , S89 °29'48"E A DISTANCE OF
538 .93 FEET;
THENCE CONTINUING ON SAID SOUTHERLY RIGHT-OF-WAY LINE , S84°17'32 "E A
D ISTANCE OF 496 .06 FEET, TO THE PO INT OF BEGINNING .
CONTAINING A TOTAL CALCULAT ED AREA OF 708,679 SQUARE FEET OR 16.269
ACRES .
"
"
Cherry Hills Village Sanitation District
0 Manhole ... 4" ... 12"
Taps ''''"""''"' ... 6" ... 15"
N _.,.8'' -+18" A -~--II> 10" ~21''
0 100 200 400
Feet
Dlscfa lrner:
CHV Sanitation Olslrlcl makes no warranty as 10 !he accurancy of !his
map end assumes no regponslbifity or Uablllty to any user.
This map Is not a legal document. It Is Intended lo serve as a
graphical represenlallon only.
Harrison Oaks North
08 -06-2014
COUNCIL COMMUNICATION
Date Agenda Item
October 20 , 2014
Subject
Allen Plant Alum Res iduals
Removal and Disposal
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda , Di rector of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved on July 19 , 2004 the b id for the Allen Water Filtrat ion Plant residuals removal and
disposa l to Waste Management in the amount of $163 ,260.00 for disposal of one year of production.
Council approved on June 19 , 2006 the bid for Allen Water Filtration Plant residuals removal and
disposal to Waste Management , Inc . in the amount of $49 ,768.00 for disposal of approximately 800
cubic yards of production.
Counc il approved on February 19 , 2008 , the proposa l for the Allen Water Filtration Plant residuals
removal and disposal to All ied Waste in the amount of $108 ,775 for disposal of approx imately 2 ,000
cub ic yards of production .
Council approved on April 5, 2010 , the proposal for the Allen Water filtration Plan residua ls removal
and d isposal to E.T. Technologies, Inc . in the amount of $83 ,520 .00 for disposal of approximately
1,600 cubic yards of production.
Counc il approved on Ma rch 3 , 2014 , the proposal for the Alle n Water Filtration Plant residuals removal
and disposal to Secure On-S ite Services USA (formerly Next Generation Solutions , LLC) in the amount
of $174 ,635.06 . for disposal of 750 cub ic yards of production.
RECOMMENDED ACTION
The Englewood Water and Sewer Board , at their October 7, 2014 meeting , recommended Council
approval , by motion, of the proposal for the Allen Water filatration Plant residuals removal and disposal
to Secure On-Site Services USA in the amount of $232 ,846 .75 for disposal of 1000 cubic yard of
production.
BACKGROUND, ANALYSIS, AND ALTERNATI VES IDENTIFIED
Wh ile the drinking water produced at the Allen Water Treatment Plant meets all drinking water
standards , there are low levels of naturally occu rring radionuclides in the source water that are
removed through treatment and ultimately reside in the residuals generated at the plant. These
residuals are considered Technologically-Enhanced Naturally Occurring Radioactive Materials
(TENORM) and have additional d isposal considerations based on the Colorado Department of Public
Health and Environment (CDPHE) regulatory requirements.
7-/
Prior to 2012, CDPHE approved three landfills for disposal , with disposal costs ranging from $50 to $60
per cubic yard. In 2012, CDPHE denied two of the three landfills from accepting the residuals citing
CDPHE's Interim Policy and Guidance Pending Rulemaking for Control and Disposition of TENORM in
Colorado dated February 2007 . The only current means of residual disposal is for disposal at Clean
Harbors Deer Trail Facility. A bid received earlier this year was $232 .85 per cubic yard.
ARCADIS was hired to evaluate what would be required for the other two landfills for CDPHE to grant
approval for disposal. This effort only generated additional uncertainties as to the requirements that
would allow disposal in the other two landfills. In March 2014 the City disposed of 750 cubic yards ,
approximately one year's production at Clean Harbors to gain additional time as the Allen Plant 's
storage facility was approaching capacity.
With all the uncertainties, Utilities staff is recommending sending an additional 1000 cubic yards of
residuals to Clean Harbors . The current contract is still in force , with the vendor willing to honor his bid
price from March. It is expected that the price may increase when bids are received next year.
FINANCIAL IMPACT
Secure On-Site Services USA is the recommended acceptable bidder at $232,846.75 for one year's
production (1000 cubic yards). This expenditure was not budgeted, but funds are available from the
capital project, Repairs to the East and West 3 mg Water Storage Tank Roofs . The account, #40-
1603-61251 , had $1.6 million encumbered and the project came in at $1.2 million.
LIST OF ATTACHMENTS
Contract
7-2
,·
CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement , made and entered int o this 10th day of January, 2014 , by
and between the City of Englewood , a munic ipal corporat ion of the State of Colorado hereinafter
referred to as the "C ity ", and Secure On-Site Services USA LLC whose address is 555 17 th
Street, Suite 900 , Denver, CO 80202 , ("Contractor"), commencing on the 1 oth day of January,
2014 , and continuing for at least ten (10) days thereafter the City advertised that sealed
proposals would be received for furn ish ing all labor, tools , supplies , equipment , materials and
everything necessary and required for the following :
PROJECT: Allen Water Filtration Plant Residuals Removal & Disposal Service
WHEREAS , proposals pursuant to said advertisement have been received by the Mayor and
City Council and have been certified by the Director of Utilities to the Mayor and City Council
with a recommendation that a contract for work be awarded to the above named Contractor who
was the lowest reliable and respons ible bidder therefore , and
WHEREAS , pursuant to said re commendation , the Contract has been awarded to the above
named Contractor by the Mayor and City Council and said Contractor is now willing and able to
perform all of said work in accordance with said advertisement and his proposal.
NOW THEREFORE , in consideration of the compensation to be paid and the work to be
performed under this contract , the parties mutually agree as follows :
A. Contract Documents : It is agre ed by the parties hereto that the follo w ing list of
instruments , drawings and documents which are attached or incorporated by
reference const itute and shall be referred to either as the Contract Documents or the
Contract and all of said instruments, drawings , and documents taken together as a
whole constitute the Contract between the parties hereto and they are as fully a part
of this agreement as if they were set out verbatim and in full:
Invitation to Bid
Contract (this instrument)
Insurance
B. Scope of Work : The Contractor agrees to and shall furnish all labor, tools, supplies ,
equipment, materials and everything necessary for and required to do , perform and
complete all the work described , drawn, set forth , shown and included in sa id
Contract Documents.
C. Terms of Performance : The Contractor agrees to undertake the performance of the
work under this Contract within ten (10) d ays from being notified to commence work
by the Director of Utilities and agrees to fully complete said work by August 1. 2014,
plus such extension or extensions of time as may be granted by the Director of
Utilities in accordance with the provisions of the Contract Documents and
Specifications .
7 .. 3
.. '
D. Indemn ification : The city cannot and by this Agreement/Contract does not agree to
indemnify , ho ld harmless , exonerate or assume the defense of the Contractor or any
other person or ent it y, for any purpose . The Contractor shall defend , indemnify and
save harmless the City , its offi ce rs , agents and employees from any and all claims ,
demands , su it s, actions or proceed ings of any kind or nature includ ing Worker's
Compensation claims , in any way resulting from or arising out of this
Agreement/Contract: pro vide d , however, that the Contractor need not indemnify or save
harmless the City , its officers , agents and employees from damages resulting from the
sole negligence of the City 's officers , agents and Employees .
E. Termination of Award for Convenience : The City may terminate the award at any
time by giving written notice to the Contractor of such termination and specifying the
effective date of such termination, at least thirty (30 ) days before the effective date of
such termination . In that event all finished or unfinished service , reports , material (s)
prepared or furnished by the Contractor after the award shall , at the option of the City,
become its property. If the award is terminated by the City as provided herein , the
Contractor will be paid that amount which bears the same ratio to the total compensation
as the services actually performed or material furnished bear to the total
services /materials the successful firm agreed to perform under th is award , less
payments of compensation previously made. If the award is terminated due to the fault
of the Contractor the clause relating to termination of the award for cause shall apply .
F. Termination of Awa rd for Cause : If, through any cause , the Contractor shall fa il to fulfill
in a timely and proper manner its obligations or if the Contractor shall violate any of the
covenants , agreements or stipulations of the award , the City shall have the right to
terminate the award by giving written notice to the Contractor of such termination and
specify i ng the effective date of termination . In that event , all furnished or unfinished
services , at the option of the City, become its property , and the Contractor shall be
entitled to receive just, equitable .compensation for any satisfactory work documents ,
prepared completed or materials as furnished .
Notw ithstanding the above, the Contractor shall not be relieved of the
liability to the City for damages sustained by the City by virtue of breach of
the award by the Contractor and the City may w ithhold any payments to the
Contractor for the purpose of set off until such time as the exact amount of
damages due the City from the Contractor is determined.
G. Terms of Payment: The City agrees to pay the Contractor for the performance of all
the work required under this contract , and the Contractor agrees to accept as his full
and only compensation therefore , such sum or sums of money as may be proper in
accordance with the price or prices set forth in the Contractor's proposal attached and
made a part hereof, the total estimated cost thereof being one hundred seventy-
four thousand six hundred thirty-five dollars and 6/100 ($174,635 .06). A 10 %
retainage of the awarded project amount will be withheld until final inspect ion and
acceptance by the Project Manager.
7-L(
H. Appropriation of Funds : At present, $174,635.06 has been appropriated for the
project. Notwithstanding anything contained in this Agreement to the contrary, the
parties understand and ac knowledge that each party is subject to Article X, § 20 of
the Colorado Constitution ("TABOR "). The parties do not intend to violate the terms
and requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi-fiscal year direct or indirect debt
or obligation within the meaning of TABOR and , notwithstanding anything in this
Agreement/Contract to the contrary , all payment obligations of the City are expressly
dependent and conditioned upon the continuing availability of funds beyond the term
of the City's current fiscal period ending upon the next succeeding December 31 .
Financial obligat ions of the City payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations , and resolutions of the City and
applicable law . Upon the failure to appropriate such funds, this Agreement shall be
deemed terminated. The City shall immediately notify the Contractor or its assignee
of such occurrence in the event of such termination .
I. Assignment: Contractor shall not , at any time, assign any interest in this Agreement or
the other Contract Documents to any person or entity without the prior written consent
of the City specifically including , but without limitation , moneys that may become due
and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law). Any attempted
assignment which is not in compliance with the terms hereof shall be null and void.
Unless specifically stated to the contrary in any written consent to an Assignment, no
Assignment will release or discharge the Assignor from any duty or responsibility
under the Contract Documents .
J. Contract Binding : It is agreed that this Contract shall be binding on and inure to the
benefit of the parties hereto, their heirs , executors, administrators , assigns , and
successors .
VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING
OF ILLEGAL ALIENS
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this Contract. Contractor shall not contract
with a subcontractor that fails to certify to the Contractor that the subcontractor will not
knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-
17 .5-102(2)(a)(I) & (11).]
(b) Verification: Contractor will participate in either the E-Verify program or the Department
program, as defined in C.R.S. 8-17.5-101 (3 .3) and 8-17.5-101 (3.7) respectively , in order to
confirm the employment eligibility of all employees who are newly hired for employment to
perform work under this public contract. Contractor is prohibited from using the E-Verify
7-S
program or the Department program procedures to undertake pre-employment screening of job
app li cants while this contract is be ing performed .
(c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a
subcontractor performing work under this Contract knowingly employs or contracts with an
illegal alien , the Contractor shall :
(1) not ify the subcontractor and the City within three days that the Contractor has
actual knowledge that the subcontractor is employing or contract i ng w it h an il legal al ien ;
and
(2) terminate the sub-contract with the subcontractor if, w ithin three days of
receiving notice requ ired pursuant to this paragraph the subcontractor does not stop
employing or contracting with the illegal alien ; except that the Contractor shall not
term inate the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with the illegal alien.
(d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an
investigation by that the Department is undertaking pursuant to C.R.S . 8-17.5-102 (5).
(e) Damages for Breach of Contract: The City may terminate this contract for a breach of
contract, in whole or in part , due to Contractor's breach of any section of this paragraph or
provisions required pursuant to C .R.S . 8-17.5-102 . Contractor shall be liable for actual and
consequential damages to the City in addition to any other legal or equitable remedy the City
may be entitl ed to for a breach of this Contract under this Paragraph .
IN WITNESS WHEREOF , the parties hereto have executed this Contract the day and year first
written above .
.-J[CVi.1-£ CIJ-s1rf 5ffc.v;c('S US~~
Contractor (print compan y name )
sy !ffj;«q ftt1iri 13fu_ oate _1-+-/1~0,+--'/1¥_· __
Jsignature) b if:AJV Cr.1&1rs R Ht'A , llf qR tl GNv . 5 vc:.s·
(Print name and Title) /
STATEOF~)
() fu/I /l.1 /;11,f)~ SS .
COUNTYOF~
(). On t is / , 20 11, before me personally appeared_
~ ll14'~ of
~~<:.IL.:=---'-"'"'-'---1£.!c...L..><:'--"""o....!....lc..LJo<:~~~...___,""-=-=--· the corporation th at executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of sa id corporation for the uses and purposes therein mentioned , and on
oath stated that he was authorized to execute said instrument.
IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day
and year first above written .
My comm ission exp ires : I(. .. oil WI b
KERRY BUSH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964018041
MY COMMISSION EXPIRES NOVEMBER 8, 2016
7-7
•.
INSURANCE
Insurance Lim it s :
Th e C on tra ct or sha ll ca rry throughout the life of the contract the insurance listed below:
Und e r Section B
Public Liabil ity
Property Damage
Under Section C
Publ ic Liability
Property Damage
Pub lic Liability and Property Damage Insurance :
Minimum Limits
$1 ,000 ,000
$1 ,000 ,000
Minimum Limits
$1,000 ,000
$1 ,000 ,000
The Contractor shall maintain during th e life of this contract, Public Liability and Property Damage
Insurance acceptable to the City , covering the work contracted and all operations in conn ec tion
herewith , and whenever any of the work covered in the Contract is tc:i be sublet, Contractor's
Contingent or Protective Liab ili ty and Property Damage Insurance . Such insurance shall provide
limits not less than those called for in these Special Provisions .
Autom otive Liab i lity and Property Damage Insurance :
Whenever the work covered by the Contract shall involve the use of automotive equipment, the
Contractor shall mainta in during the life of the contract , Automotive Public Liability and Property
Damage Insurance . This insurance shall provide limits not less than those called for in these
Special Provisions to protect the Contractor from any and all claims aris ing from the use of the
following in the execution of the work included in the contract:
(I) Contractor's own automobile and trucks .
(2) Hired automobiles and trucks .
(3) Automobiles and trucks not owned by the Contractor.
Such insurance shall cover the use of automobiles and trucks both on and off the site of the
project.
Workers Compensation:
The Contractor shall comply with the Workers' Compensation Act of Colorado and shall provide
compensation insurance to protect the City from and against any and all Workers '
Compensation claims arising from performance of the work under this contract. Workers '
Compensation insurance must cover obligations imposed by applicable laws for any employee
engaged in the performance of work under this contract , as well as the Employers ' Liability
within the m inimum statutory limits .
Liability:
7-8
,
The Contractor shall indemnify and save harmless the City against any and all damages to
property or injuries to or death to any person or persons , including property and employees or
agents of the City , and shall defend , indemnify and save harmless the City from any and all claims ,
demands, suits , actions, or proceedings of any kind , or nature , including Workmen's Compensation
claims, of or by any whomsoever , in any way resulting from or arising out of the operation in
connection herewith , including operations of subcontractors and acts or omissions of employees or
agents of the Contractor or his sub-contractors . Insurance coverage specified herein and in the
Special Cond iti ons const itutes the minimum requirements and said requirements shall in no way
lessen or limit the liabil ity of the Contractor under the terms of the Contract. The Contractor shall
procure and maintain, at his own cost and expense , any additional kinds and amounts of insurance
that, in his own judgment, may be necessary for his proper protection in the prosecution of the
work. All Certificates of Insurance shall be provided to the City prior to the undertaking of any work
and prior to a Purchase Order being issued . The completed Certificate of Insurance shall be sent
to:
With an add itional copy sent to :
Purchas ing Divis ion
City of Englewood
1000 Englewood Parkway
Englewood , CO 80110
Management of Risk Administrator:
City of Englewood
1000 Englewood Parkway
Englewood , CO 80110
7-9
. i '
CONFIDENTIAL
COMMUNICATION
••
BERG HILL GREENLEAF & RUSCITTI LLP
ATTORNEYS & COUNSELORS AT LAW
1712 Pearl St~eet • Boulder, Colorado 80302
Tel: 303.402.1600 • Fax: 303.402.16~
David G. Hill
Partner
bh.,faw.oom # 7' ~
C ~ dgh@bhgdaw.rom
8£,o I< v~/' o~C'~ ~'1-1 <'011 <J
September 10, 20Cf'b~ G'.(~
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PRIVILEGED ATTORNEYCLIENT COMMUNf~ON
DO NOT DISCLOSE 0,/))1\1~
Daniel L. Brotzman, Esq.
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110-0110
Re: August Invoice
Dear Dan:
Enclosed please find om invoices for professional services on water matters for
August 1, 2014, through August 31, 2014, in the amount of $23,525.86, for a total for this year
of $294 ,958 .99.
The amount for this billing cycle on major cases of particular significance is listed below:
Name Amount No.
ACWW A (09CW283/11 CW285) Union Ave. Exchange $ 5,114.19 732
ECCV (11 CW280/1 OCW312) Storage in Barr Lake, etc. 3,071.00 752
Centennial Lake Augmentation Plan (14CW3011) 1,587.00 762
Stu Fonda has asked us to provide brief descriptions of the reasons for Englewood's
involvement in all cases which appear on our bills each month, as well 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 enclosed invoices:
Introduction. Please understand that this letter is a confidential attorney-client
communication. Please keep it confidential.
Daniel L. Brotzman
September 10 , 2014
Page 2
The largest bill for August is for work on ACWW A's proposed exchange of water
through the Union Avenue/Chatfield reach of the river, which is critical to Englewood's
diversions. ACWWA (Arapahoe County Water and Wastewater Authority) has been
aggressively buying agricultural rights and changing them to municipal use, so as to serve
southern and eastern portions of Arapahoe County. The agricultural rights are located
downstream on the South Platte, and ACWW A's problem is to move their resulting water far to
the south. In the case at issue, ACWW A proposes to release water to the river well downstream
and divert an equivalent amount upstream from Englewood. The potential for injury to
Englewood is obvious. Englewood's intervening rights must be protected. ACWW A tends to
push the limits of how much water it can claim. In the case at hand, lengthy negotiations with
ACWW A have ultimately eliminated potential injury to Englewood from ACWW A's proposed
decree. However, there are many other opposers in the case, and the changes to the decree
sought by other opposers create problems for Englewood. Negotiations are ongoing with the
other opposers . Final resolution, on a satisfactory basis, is expected soon.
The second largest bill is for the application of ECCV with respect to its storage rights in
Barr Lake, and its wells below Barr Lake. ECCV (East Cherry Creek Water and Sanitation
District), like ACWW A, is very aggressive about purchasing agricultural water rights, changing
them, and pushing the resultant water to the limits. In the particular case, ECCV seeks to use
seepage of its reusable water out of Barr Lake to replace diversions from its wells in Beebe
Draw. The resulting accounting complexities are huge. Englewood, Aurora and others have
spent major efforts to obtain proper accounting for the Burlington/Barr Lake/Henrylyn/Beebe
Draw system. That accounting was once a black hole. The water users in those systems
regularly seek to "shortcut" the required accounting, which is indeed complex. Constant efforts
are needed to keep the accounting in place. Settlement of this particular case seems close.
The third largest bill is for the ongoing efforts to obtain a decree for augmentation of
Centennial Lake . Centennial Lake was once a gravel pit, which is filled with groundwater
known as Pershin Spring. The owner of a gravel pit lake must replace the evaporation to the
river. The replacement is formally known as an "augmentation plan." For years, Englewood
accomplished the augmentation under an informal arrangement with the State Engineer. Such
informal arrangements are no longer allowed, and a formal Water Court decree for the
augmentation plan is necessary. Negotiations with other water users and the State Engineer
about the proposed plan have been ongoing, and it is hoped that settlement can be achieved soon.
The remainder of the cases is described below.
1. General (#001): This matter is our general file for work not attributable to
specific cases . In some instances, the work is not specific to a particular matter. In other
instances, the time spent on any individual matter is not large enough to justify a separate bill,
but the time on the group of matters is significant. This includes charges related to general
calendaring, reviewing various daily incoming pleadings and correspondence, overall case
management and other activities that are not case specific. It usually includes preparation of
many statements of opposition.