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Home My WebLink About2015-01-13 WSB AGENDAI WATER & SEWER BOARD AGENDA TUESDAY, JANUARY 13, 2015 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE OCTOBER 7, 2014 MEETING & PHONE VOTE. (ATT. 1) 2. GUEST: ERIC BENNETT-2740 S. DELAWARE ST. -TAP FEES FOR A DUPLEX. (A TT. 2) 3. GAC CONTRACT. (ATT. 3) 4. INFORMATIONAL ITEMS: (ATT. 4) DENVER POST ARTICLE, "A WATRELINE IN THE SAND" ARTICLE FROM NOVEMBER 9, 2014 DENVER POST ARTICLE, "A TALL RETHINK OF WATER" DATED NOVEMBER 23, 2014. (ATT. 6). 5. OTHER. '' '' WATER & SEWER BOARD MINUTES OCTOBER 7 , 2014 Present: Wiggins , Penn , Olson , Lay , Gillet , Oakley, Habenicht , Waggoner Absent: Burn s , Moore Al so present: Stewart Fonda , Director of Utilities John Bock, Manager of Administration Mr. Yates, Englewood Councilperson The meeting was called to order at 5:00 p .m. ~ 1. MINUTES OF THE SEPTEMBER 9, 2014 WATER BOARD MEETING . The Board received the minute s of the September 9 , 2014 Water and Sewer Board meeting . Motion : Moved: Motion carried. ~ To approve the August 19, 2014 Water and Sewer Board meeting minutes as written. Waggoner Seconded: Habenicht GUESTS : DA YID HILL AND PETER NICHOLS OF BERG , HILL & GREENLEAF AND JOE TOM WOOD OF MARTIN & WOOD APPEARED TO DISCUSS THE HISTORY AND USAGE OF ENGLEWOOD 'S WATER RIGHTS. Dan Brotzman , Englewood City Attorney noted that David Hill is working on an inventory of water rights. I -J • I 0 2. LICENSE AGREEMENT WITH SOUTH SUBURBAN PARKS & REC. FOR THE BIG DRY CREEK TRAIL. South Suburban Parks and Recreation District has requested a license agreement to build a bike path across the City Ditch right-of-way at the Big Dry Creek Trail connection at S. Windermere and Cornerstone Park. This is part of South Suburban ' s master plan for a bike path that spans the South Denver metro area. The construction easement will expire once the bike path is completed. The license agreement will then allow crossing access over Englewood's City Ditch. Motion: Moved: To recommend Council approval of the ordinance for the license agreement and construction easement with South Suburban Parks and Recreations District for the Big Dry Creek Trail connection. Waggoner Seconded: Lay Motion carried. 0 3. McLELLAN DEEP WELL REHABILITATION. The McLellan deep well is used to offset demands, to maintain due diligence requirements for Englewood's water rights and for augmentation 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. Five bids were received. Staff recommends Colorado Pump Service & Supply Co. in the amount of $56,044 as the lowest acceptable bidder. Motion: Moved: Recommend 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 . Habenicht Seconded: Waggoner Motion carried. ~ 4. SOUTHGATE SUPP. #171. 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 I -2. . ' 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 operation as a school. The property is located on the corner of S. University Blvd. and E. Orchard Rd. Through an error, it was believed that this parcel was in the Southgate Sanitation District. It is, however, located in the South Arapahoe Sanitation District. The Petition for Exclusion from Arapahoe County District Court with Southgate Sanitation District was granted on July 8, 2014 and recorded on July 15, 2014. Motion: Moved: To recommend Council approval of Southgate Sanitation District Supplement #171. Waggoner Seconded: Lay Motion carried. lg) 5. CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT WASTEWATER CONNECTOR 'S AGREEMENT. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by various districts. 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 City Attorney's office has reviewed and approved the City of Cherry Hills Village Sanitation District Connector 's Agreement. Motion: Moved: To recommend Council approval of the City of Cherry Hills Village Sanitation District Connector's Agreement. Penn Seconded: Wiggins Motion carried . r?l1 6. CHERRY HILLS VILLAGE SAN. DISTRICT SANITARY SEWER SUPPLEMENT #5. 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. 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 property is located at 4000 E. Belleview Ave. I -3 . \ Motion: Moved: Recommend 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. Waggoner Seconded: Habenicht Motion carried. I?] 7. ALLEN PLANT ALUM RESIDUALS REMOVAL AND DISPOSAL. Tom Brennan discussed. There are low levels of naturally occurring radionuclides in Englewood's source water that are removed through treatment and ultimately reside in the residuals generated at the plant. The residuals are considered Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM) and have additional disposal considerations based on the Colorado Department of Public Health and Environment regulatory requirements. The only current means of residual disposal is for disposal at Clean Harbors Deer Trail Facility. Utilities staff is recommending sending an additional 1000 cubic yards of residuals to Clean Harbors. The current contract with Secure On-Site Services USA is still in force, with the vendor willirig to honor his bid price from March. It is expected that the price may increase when bids are received next year. Motion: To recommend disposal of 1000 cubic yards of material by Secure On-site Services USA at a price of $232,007 .10 in accordance with the current contract that is in effect. Moved: Waggoner Seconded: Habenicht Motion carried. The meeting adjourned at 6:35 p.m. The next Water and Sewer Board meeting will be Tuesday, November 11, 2014 at 5:00 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary I -Y .. . . WATER AND SEWER BOARD PHONE VOTE October 9, 2014 A phone vote was taken from the members of the Englewood Water and Sewer Board for the October 9, 2014 . Motion: Mr. Haben icht moved : Mr. Penn seconded : Ayes : Members abstained : Members not reached : Nays: Motion carried. To recommend approval of the October 7, 2014 Water and Sewer Board m i nutes . Lay, Gillit, Wiggins, Habenicht, Burns , Wiggins , Olson, Oakley Moore, Burns None None The next meeting will be held November 11, 2014 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary I -s- MEMORANDUM TO: -John Bock, U/Manager of Administration Stu Fonda, Director of Utilities Tom Brennan, U/Engineer FROM: Nancy Reid, Deputy City Attorney .&J.- January 5, 2015 DATE: REGARDING: Requirements for the water and sewer connections for a property that has been subdivided but sold to two parties and has a common or party wall agreement. The Englewood Municipal Code Sections 12-1B-7(a) and 12-2-4(A) are very clear. They require separate water and sewer for separate properties. The Englewood Municipal Code uses the term premises which states: "more than one premise to a service connection is prohibited; each premises or property or building(s) situated on a premises or property in a manner which would allow the premises to be subdivided and the building(s) sold separately shall be served by separate service connection directly to the nearest main without crossing other adjoining premises or properties. With separate curb stops involving only one account when water is turned on or shut off. ... " Regarding a sewer connection 12-2-4(A) EMC states in a similar fashion: "Buildings to have separate connections. Each premises, property or building(s) situated on a premises or property in a manner which would allow the premises of property to be subdivided and the building( s) sold separately shall be served by separate service connection directly to the nearest main without crossing other adjoining premises or properties and no connection shall be made by extending the service from one property, premises, or building to another property premises or building ." The existence of a Party Wall Agreement does not change the Englewood Municipal Code. A Party Wall Agreement is a contract which describes how two separate owners of two separate properties will deal with a common party wall and is a contractual obligation between the two which would have no affect on the City' Municipal Code Requirements . The requirement in the ordinance eliminates the issues involved when one of the customers on a single connection does not pay its bill. There are exceptions to these two requirements also found in 12-l(B)-7(a) and 12-2-4(A) EMC, which state that exceptions to this requirement may only be granted by the City Manager or designee with the concurrence of the Water Sewer Board upon review of: 1. A written request of the property owner. 2 . In which the property owner illustrates with both written and graphic descriptions why the exception should be granted. This review must be made for both the water and the sewer tap. 2 -1 If the owner wishes to pursue this request, he should make a request of the Water Sewer Board at a regular meeting. The Board can then review the request and make a recommendation to the City Manager or designee to grant or deny the requested variance from the Code requirements. If the recommendation is to grant the variance from the requirements of the Code, the recommendation should also include a determination as to which parcel/address will be associated with, receive, and be responsible for the water, sewer, concrete utility and storm water utility bills for both properties because those other utility bills are set by parcel/address based on the location for the water bill. A notarized copy of the recommendation, with the reasons for and the final decision by the City Manager or designee should be recorded at the County against both parcels. This property is currently one parcel. The owner is investigating the requirements for a lot split with the Community Development Department. NNR:ss 2.. -2 From: 2 7 40 S Delaware St LLC Eric Bennett, Manager 503 SYorkSt. Denver, CO 80209 December 5, 2014 To: City of Englewood Water and Sewer Board 1000 Englewood Parkway Englewood, CO 80110 Subject: 2 7 40 S Delaware St. Water /Sewer Tap Exception Dear City of Englewood Water and Sewer Board: During the negotiations of 2740 S Delaware St LLC purchasing the property located at 27 40 S Delaware St in Englewood I contacted the Utilities Manager of Administration, John Bock. I asked him about the water and sewer tap fees that would be due if I were to build two units on the property and sell them off. He informed me I could use the existing tap from the current single family home and not pay any additional tap fees. He noted that I needed to have a party wall agreement filed with city and the owners needed to be aware that only one bill would be sent. Both Jim Veryser and Bob Kunselman were copied on the e-mail and I didn't receive any other statements until my ORT recently. I relied on this information in the negations on price for this property and I had not budgeted any extra money for tap fees due to the information I received from Mr. Bock. Now it seems there is some back tracking and that I would not be allowed to only have one water and sewer line. I have consulted my attorney and he informed me that there is a legal way to be able to sell both units with one water and sewer tap with a party wall agreement. I would like to request that I not be required to pay the additional water and sewer tap fees because of the documentation I had already received from the City of Englewood Water manager. I will file the party wall agreement with the City as previously stated. I will attach that e-mail to this document for your review. Thanks in advance for your time. Sincerely, 2740 S Delaware St LLC Eric Bennett, Manager 1.. -3 12/5/20 14 Gmail -Water/Sewer T ap Fees Water/Sewer Tap Fees 7 messages Eric Bennett <eric@ajaxcolorado .com> To : jbock@englewoodgov.org John , Eric Bennett <eric .bennett18@gmail.com> Tue , May 13 , 2014 at 12 :01 PM I am purchasing the single family home located a 2740 S Delaware St Englewood 80110 . It currently has water and sewer taps . I would be building a new duplex . So two units total. I can form the party wall agreement to split those fees if that saves me the tap fee . Let me know if you have questions . Than ks , Eric Benne tt Aj ax Real Estate eric@aj axcoiorado com Ce ll: 7206630443 John Bock <jbock@englewoodgov.org > To : "eric .bennett18@gmail.com" <eric.bennett18@gmail.com> From: John Bock Sent: Tuesday, May 13, 2014 1:58 PM To: 'Eric Bennett' Cc: Jim Veryser; Bob Kunselman Subject: RE: Water/Sewer Tap Fees Hi Eric , Tue , May 13 , 2014 at 2:02 PM As we spoke on the phone , if the duplex has a condominium association or common wall/shared wall agreement , you can use one water and one sewer tap and pay no additional water or sewer tap fees. Bear in mind the City will read one meter and send only one bill to be divided by the two owners. It is not uncommon to see duplexes w ith 5 people living on one side and one on the other which generates bill payment disputes . Also , the agreement will have to be recorded at the County and the Utilities Department w ill also want a copy to attach to the account. If you choose to run separate water and sewer services to each side , you will rece ive credit for one side and there will be tap fees fo r the other side : $4360+ for water and $2635 for sewer . John Bock Englewood Utilities Manager of Administration 3037622643 jbock@e nglewoodgov. org FAX 3037836894 https://mai l .googl e .co m/ma il /u/O /?ui =2&i k=Occ93e55bd & vi ew=pt&q=j bock%40e ng le woodgov .org&qs=true&searc h=q uery &th= I 45f 6bef36c6f2e4 &sim l= I 4 5f6be f3 ... I /3 2 -'-I Cathy Burrage From: Sent: To: Subject: Attachments: Cathy, Eric Bennett <er ic.bennettl8@gma il.com> Wednesday, December 17, 2014 12:20 PM Cathy Burrage Fwd: Party Wall Agreement Party Wall Agreement vl (5496243_1).DOC Here is what the party wall agreement would look like. It would have to be modified once I have addresses, location of water line, etc to fill in the blanks in the agreement. Let me know if you or the board has any questions. Thanks and have a great Holiday! Eric Bennett ----------Forwarded message ---------- From: Brown , Robert L. <RBROWN @s herm anhoward.com> Date: Wed, Dec 17 , 2014 at 12:01 PM Subject: Party Wall Agreement To : "Eric Bennett (eric.bennettl8 @12:mail.com)" <eric.benn e tt18 @Q:mail.com> Eric- As you move forward with the project and utilitie s, fences, and other physical objects are located, the Agreement will need modification . Please call with any que st ion s or comments. Bob Robert L. Brown -Member 633 Seventeenth Street, Suite 3000, Denver, Colorado 80202 ---ifeGt.;-.3 9&.-2B~659~~93~.~29~8-0~.~9~4:l:!------------------------------~ rbrown@shermanhoward.com I www.shermanhoward.com 1 2 -s- DRAFT#l 12.17.14 PARTY WALL AND EASEMENT AGREEMENT This Party Wall and Easement Agreement (this "A greement") is made on _______ , 2015, by ("Declarant"). ARTICLE ONE STATEMENTS OF PURPOSE AND DECLARATION 1.1 Owner. Declarant is the owner of the property located in Englewood, Colorado , more particularly described on Exhibit A , attached hereto and by this reference incorporated herein (the "Pro perty"). 1.2 Party 'Vall. Declarant intends to construct two (2) residences (together, the "Residences ," and individually, the "Residence") on the Property. Each Residence will share a party wall with the immediately adjacent Residence (the "Party 'Vall"), which Party Wall is located on the boundary line for the two Residences ' lots (the "Lots"). 1.3 Common Water Tap. The Residences will share a common water and sewer tap and water and sewer line. 1.4 Utility Lines. Various utility lines, including without limitation water, sewer, electricity, telephone, cab le television and other utility lines servicing the Residences on the Lots do , or may , cross over, under or upon the other Lot. 1.5 Common Roof. The roof of the Residences (the "Roof') forms an uninterrupted roofline and will be of a single material and color. 1.6 Designation of Rights and Responsibilities. Declarant de si re s to sell and tran sfer the Lots and Residences to individual and separate owners (the "Lot Owners"), and Declarant desires to settle various issues relating to the ownership, use and maintenance of the Paity Wall and other matters that may arise between the Lot Owners relating to their common boundary and to further provide for the sharing of expenses relating to the use and maintenance of the common water and sewer lines, the payment of water charges relating to the Residences, and to allow for a perpetual and reciprocal easement to permit the full use and enjoyment of all utilities . 1.7 Separate Ownership. Each Lot Owner owns its Lot and Residence and all improvements thereon and appurtenances thereto as a separate and distinct parcel and interest in property. There is no common interest property owned by two or more owners of the two separate Lots . The Party Wall is owned by the respective Lot Own er from the boundary line of such Lot Owner's Lot. The Roof of each Residence is owned by the Lot Owner of such Residence. The re spective utility impro vements are owned by the Lot Owner on whose Lot such utility improvements are located or by the Lot Owner that is exclusively served thereby. 1.8 Not a Common Interest Community. This is not a common interest community. There is no common property of the Lot Owners. The Property is not subject to the Colorado Commo_E Interest Owners_h_.ip_A_c_t. ________________ _ BUS _RE/014632 .00 1/5496243.1 2.. -(&, ARTICLE TWO PARTY WALL DECLARATION 2.1 General Law. To the extent not inconsistent with this Agreement, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Wall. 2.2 Easement. The Lot Owner of each Residence shall have a perpetual easement in and to that part of the adjacent Re sidence upon which the Paity Wall is located for any purpose reasonably necessary for the maintenance, repair or inspection of the Party Wall. In addition, as utility lines and other installations serving a Residence may lie within a Party Wall, this easement shall be reserved also for the purpose of maintaining, repairing, inspecting or replacing such installations that serve a Residence bounded by a Party Wall. 2.3 Weather Proofing. Notwithstanding any other provision of this Article Two, a Lot Owner who by his negligent or willful act causes the Party Wall to be exposed to the elements or excessive heat or cold shall bear the whole cost of furnishing the necessary protection against such elements or heat or cold, and of repairing the Party Wall from damage caused by such exposure. 2.4 Mechanics' Liens. Each Lot Owner agrees to indemnify, defend and hold harmless the Lot Owner of the adjacent Residence for any claims, causes of action, losses, costs, expenses (including reasonable attorneys' fees and legal assistants' fees), damages, judgments and mechanics' and materialmen's liens arising in connection with any material supplied or services rendered to make repairs or replacements for which the first-mentioned Lot Owner is responsible. 2.5 Joint Rights of Use. The Lot Owners shall have the right to use the Party Wall jointly, including without limitation the support joists, crossbeams, studs and other structural members as required for the support of the Residence located upon each Lot and for the reconstruction and remodeling of such Re sidence; provided however, that such use shall not injure the Residence located upon the opposite side of the Party Wall and shall not impair the structural support to which such Residence is entitled. 2.6 Interior Maintenance. The cost of repair and maintenance of the interior finished surface of a Party Wall located within a Residence shall be the sole expense of the Lot Owner of such Residence. 2 .7 Reconstruction. If it becomes necessary or desirable to repair or rebuild the whole or any part of a Party Wall, the repairing or rebuilding expense shall be borne equally by the Lot Owners, except as is provided in Section 2.10, below. Any repairing or rebuilding of a Party Wall shall be at the same location, and of the same size, as the original Party Wall or portion thereof and of the same or similar material and of the same quality as that used in the original Party Wall or portion thereof. If either Lot Owner fails or refuses to pay such Lot Owner's share of the cost of repair or rebuilding within thirty (30) days after demand by the other Lot Owner, then the other Lot Owner may cause the wall to be repaired or rebuilt and shall be entitled to assess and collect one-half of the costs attributable thereto against and from the -----'f1vrr-paying-tot-ewne mi crs herecf hat · eeome emam · n gainst-the-rr·""· ~-~--- 2 -7 B US _RE/O 14632 .00 I /549624 3.1 paying Lot Owner's Lot , upon which interest shall accrue at the greater of twelve percent (12 % ) per year or at the rate of four percent ( 4 %) over the prime rate of interest set forth from time to time in the Wall Street Journal (the "Default Rate"), until fully paid. Such lien shall be established, enforced and released in the manner set forth in Article Ten , below. 2.8 Maintenance and Repair. The cost of the reasonable maintenance of the Party Wall shall be borne equally by the Lot Owners , except as is provided for in Section 2.10, below. If either Lot Owner fails or refuses to pay such Lot Owner's share of the cost of such maintenance within thirty (30) days after demand by the other Lot Owner, then the other Lot Owner may undertake such reasonable maintenance and shall be entitled to assess and collect one-half of the costs attributable thereto against and from the non-paying Lot Owner, and the same shall become and remain a lien against the non-paying Lot Owner's Lot, upon which interest shall accrue at the Default Rate , until fully paid. Such lien shall be established, enforced and released in the manner set forth in Article Ten, below. 2.9 Insurance. To the extent that damage to the Party Wall is covered by insurance maintained by the adjacent Lot Owners sharing such Party Wall , the full insurance proceeds shall be used and applied to the extent necessary to repair, restore, or replace the Party Wall. Any insurance proceeds not neces sary for such repair, restoration or replacement shall belong solely to the Lot Owner who is the owner of the insurance policy under which such payment was made. The availability of insurance proceeds or the lack or limit thereof will not affect or limit a Lot Owner's responsibility or liability for any needed maintenance or repair. Each Lot Owner is solely responsible to adequately insure its Residence and the Paity Wall. Each Lot Owner will pay the applicable deductible for such Lot Owner 's insurance policy. If any mortgagee or lender or other lien holder asserts entitlement to insurance proceeds and does not make such proceeds available for repair or reconstruction, the Lot Owner will pay for such repair and reconstruction. 2.10 Reconstruction . In the event that the Party Wall is destroyed or damaged due to the negligence or intentional act or omission of a Lot Owner, for which such Lot Owner is legally liable under general rules of law regarding liability for property damage due to negligence or intentional acts or omissions, then such Lot Owner shall be solely responsible for the cost of the repair, rebuilding or maintenance of such Party Wall. If such Lot Owner fails or refuses to pay for such repair, rebuilding or maintenance within 30 days after demand by the adjacent Lot Owner sharing such Party Wall, then the other Lot Owner may cause the Party Wall to be repaired or rebuilt or may undertake such maintenance and shall be entitled to assess and collect the costs attributable thereto against and from the non-paying Lot Owner and shall further be entitled to a lien against the non-paying Lot Owner's Lot , upon which interest shall accrue at the Default Rate, until fully paid. Such lien shall be established, enforced and released in the manner set forth in Article Ten below. 2.11 Encroachments. In the exercise of each Lot Owner's right and re s ponsibility for the maintenance, repair and rebuilding of a shared Party Wall , as provided for herein, and in the event a Party Wall, or any portion thereof, as it now exists or following its repair or rebuilding, encroaches upon the adjacent Lot, each Lot Owner shall have a perpetual and reciprocal easement in and to that part of the Lot of the adjacent Lot Owner necessary to accommodate such encroachment and to effectuate such repair, rebuilding or maintenance, including, without J imitation ~he right, with reaso~able advance notice and at reasonable times, to enter into the 3 B U S_REJO 14632 .00 I /5 496 243.1 z -5 Residence constructed upon the adjacent Lot Owner's Lot to perform work reasonably necessary in the exercise of such right and responsibility. 2.12 Alterations. No extension or modification of a Party Wall may be made by a Lot Owner unless the prior wri tten consent thereto shall have first been obtained from the other Lot Owner. After reasonable notice to the adjacent Lot Owner, the Lot Owner sharing such Party Wall shall have the right to break through a Party Wall for the purpose of repairing or restoring sewer, water, or other utilities located within a P arty Wall , subject, however, to the obligation to restore the Party Wall to its previous cosmetic and structural condition, at such Lot Owner's sole expense. ARTICLE THREE SHARED UTILITY AGREEMENT 3.1 Water Utilities. There is only one water line servicing both Lots, which currently enters into the building located on Lot A. The parties agree that the charges for water usage to both Lots A and B , as measured through a meter owned and maintained by the _____ Water Department or its successor (the "Water Department") will be billed to the owner of Lot A. A separate inline water meter (a "check meter") has been installed on the water line from Lot A to Lot B , which will measure the total amount of water passing through the line to Lot B. 3.2 Sewer Utilities. There is only one sewer line serv1crng both Lots, which currently enters into the building located on Lot A. The charges of Wastewater Management or its successor ("Wastewater Management") will be based upon the rate of water consumption during the winter months, as measured by the Water Department 's water meter. Because such charges will be reflected on the Water Department's bimonthly statements, the sewer charges for both Lots will be billed to the owner of Lot A. 3.3 Responsibility for Payments. The owner of Lot A will, therefore, have a contractual obligation to the Water Department and Wastewater Management for payment of such bills in full, which, if not paid, could cause a lien to be recorded against both Lots. The Lot Owners agree that each should be responsible for payment of the water utilized by their own Lots and that they should divide evenly any flat rate fee s or charges by the Water Department and the charges of Wastewater Management. To effectuate such agreement, the Lot Owners adopt the following procedures: a. The Lot Owners agree that on the effective date of this Agreement, they will obtain a reading on the check meter to establish a benchmark from which to measure the water consumption to Lot B from that date through the date of the owner of Lot A's receipt of the first statement from the Water Department following the effective date hereof. b . The owner of Lot A, within five (5) days of receipt of such first statement and each statement received thereafter, shall provide a copy to the owner of Lot B. c. Upon receipt of each statement, the owner of Lot B and the owner of _____ .,,_,o.t..A-shalLGbtain a...read i ng-on-tbe-cbeck-meter-to-est-ablisb-tbe..amoun t...of ater-consumptio.i:i of_ --- 4 BUS_RFJOl 4632 .00 1/5496243 .1 2-? Lot B from the last reading. The total number of gallons so consumed shall then be multiplied by the per gallon rate as reflected on the statement. d. The Lot Owners agree to divide evenly any charges reflected on the Water Department statement which are not calculated on the basis of water consumption, including, without limitation, any service charges. e. The Lot Owners further agree to divide evenly the charges of Wastewater Management, although the Lot Owners acknowledge that such division may not reflect an exact apportionment based on actual usage as such charges are currently based on water consumption by the Lots during the winter months. f. Within three (3) days of receipt of each statement, the owner of Lot B shall pay the owner of Lot A one-half of any charges reflected thereon which are not based upon water consumption and one-half of Wastewater Management's charges, together with an amount representing payment for the water consumed by Lot B, as determined in accordance with paragraph 3.3(c), above. g. Upon receipt of each such payment from the owner of Lot B, the owner of Lot A shall pay the full amount then due the Water Department and Wastewater Management by the due date reflected on the statement. h. In the event the calculation, billing, collection, or other procedures of the Water Department or Wastewater Management are modified, the procedures contained in this Article Three shall be modified to effect the result intended by the Lot Owners as described in this Article Three. 3.4 Lien Righ ts. In the event the owner of Lot B should fail to make any payment due to the owner of Lot A under the provisions of this Article Three, the owner of Lot A shall make any such payment on behalf of the owner of Lot B and may have a lien against Lot B in such amount, upon which interest shall accrue at the Default Rate until fully paid. Such lien shall be established, enforced, and released in the manner set forth in Article Ten, below. ARTICLE FOUR EASEMENTS Each Lot Owner hereby grants the other a perpetual blanket easement upon, across, over and under their Lot for the installing, replacing, repairing, and maintaining of all utilities serving the other Lot, including, without limitation, water, sewer, gas, telephone, electricity and cable television facilities, if any. The easements granted herein shall not be exercised by a Lot Owner in a way that unreasonably interferes with the occupancy, use, enjoyment or access to a Lot owned by the other Lot Owner. A Lot Owner utilizing such easement has the obligation to promptly restore the Lot to its previous condition, at such Lot Owner's sole expense, except as otherwise provided herein. If such installation, replacement, repair or maintenance was due to a Lot Owner's negligent or intentional acts or omissions, such Lot Owner shall bear the cost thereof. The Lot Owners further grant to one another a perpetual blanket easement upon, across, over and under their Lot as is reasonably necessary to effectuate any and all terms and provisions ~~~~~~erefrf~.~~~~~~~~~~~~~~ 5 BUS RE/014632 .001 /5496243 .1 2. -10 ARTICLE FIVE MAINTENANCE AND REPAIR OF UTILITIES 5.1 Allocation of Expense. Except as otherwise provided in Paragraph 5.4, below , the cost of the reasonable and necessary maintenance , repair, or rebuilding of the following shall be paid equally by the Lot Owners: a. the water line from the point of connection at the water main to the point of entry into the Re sidence on Lot A; and b. the sewer line from the point of connection at the sewer main to the point of entry into the Residence on Lot A. 5.2 Lien Rights. If a Lot Owner fails or refuses to pay such Lot Owner's share of the cost of such maintenance , repair, or rebuilding within thirty (30) days after demand by the other Lot Owner, then the affected Lot Owner may undertake such maintenance , repair, or rebuilding and shall be entitled to assess and collect a rea so nable and proportionate amount of the costs attributable thereto against and from the non-paying Lot Owner, and the same shall become and remain a lien against the non-paying Lot Owner's Lot, upon which interest shall accrue at the Default Rate until fully pai d. Such lien shall be established, enforced, and released in the manner set forth in Article Ten, below. 5.3 Insurance. To the extent that damage to the water line or sewer line is covered by insurance, the full in sura nce proceeds shall be used and applied to the extent necessary to repair, restore , or replace the water line or sewer line. Any insurance proceeds not necessary for such repair, restoration or replacement shall belong solely to the Lot Owner who is the owner of the in surance policy under which such payment was made . 5.4 Negligence of Lot Owner. In the event that the water line or sewer line is destroyed or damaged due to the negligence or intentional act or omission of a Lot Owner, for which such Lot Owner is legally liable under general rules of law regarding liability for property damage due to negligence or intentional acts or omissions, then such Lot Owner shall be solely responsible for the cost of the repair, rebuilding , or maintenance of the water line or sewer line. If such Lot Owner fails or refuses to pay for such repair, rebuilding, or maintenance within thirty (30) days after demand by the other Lot Owner, then the other Lot Owner may cause the water line or sewer line to be repaired or rebuilt or may undertake such maintenance and shall be entitled to assess and collect the costs attributable thereto against and from the non-paying Lot Owner and shall further be entitled to a lien against the non-paying Lot Owner's Lot, upon which interest shall accrue at the Default Rate until fully paid. Such lien shall be established, enforced, and released in the manner set forth in Article Ten, below. 5.5 Reciprocal Easement. In the exercise of each Lot Owner's right and responsibility for the maintenance, repair, and rebuilding of the water line and sewer line as provided for herein, each Lot Owner shall have a perpetual and reciprocal easement in and to that part of the Lot of the other Lot Owner necessary to effectuate such repair, rebuilding, or maintenance, including, without limitation, the right, with reasonable advance notice and at reasonable times , to enter into the building constructed upon the other Lot Owner's Lot to ry in n exercise o such rign ancl re pons111iry. 6 B US_RE/O 14632 .00 I /5 496243 . l 2 -I/ ARTICLE SIX ROOF The Roof of the Residences forms an uninterrupted roofline and will be of the same material and color. The Lot Owners agree th at the cosmetic appearance of the Roof will affect the value of their Lots and further that the physical condition of the Roof of a Residence could be the cause of damage to the other Residence, such as, but not limited to , a defect in the roof of one Residence causing water to leak into the other. The Lot Owners therefore agree that each Lot Owner, at such Lot Owner 's sole cost and expense, will maintain both the cosmetic appearance and the physical condition of the Roof of such Lot Owner's Residence in good order and repair. All Roof repairs and replacements will be made using materials of the same quality and color as presently exist, so that they will blend with the existing adjacent Roof. ARTICLE SEVEN INSURANCE 7.1 Owner's Insurance. Each Lot Owner shall maintain a separate all-risk insurance policy covering such Lot Owner's Lot and all improvements thereon in an amount not less than the full replacement value, without deduction for depreciation. The Lot Owners further agree that they shall maintain a separate comprehensive general liability and property damage insurance policy covering such Lot Owner's Lot in an amount not less than $1,000,000 .00 per injury, per person , per occurrence, covering all claims for bodily injury and/or property damage. 7.2 Proof of Insurance. Each Lot Owner may from time to time require the other Lot Owner to furnish proof that such Lot Owner is maintaining the necessary insurance coverages as provided in this Article Seven. In the event that a Lot Owner fails to provide such proof within ten (10) days after demand, then the requesting Lot Owner may obtain such insurance coverages on behalf of the non-insured Lot Owner and shall be entitled to assess and collect the costs attributable thereto against and from the non-insured Lot Owner and shall further be entitled to a lien against the non-insured Lot Owner's Lot, upon which interest shall accrue at the Default Rate until fully paid. Such lien shall be established, enforced, and released in the manner set forth in Article Ten , below. 7.3 Mutual Release and Waiver of Subrogation. Each Lot Owner, for him/her/themselves and anyone claiming through or under him/her/them, hereby releases the other Lot Owner and his/her/their heirs, personal representatives, successors and assigns and waives any and all rights to recover against such other Lot Owner and his/her/their heirs, personal representatives, successors and assigns for any loss or damage to such Lot Owner's Lot , any improvements located thereon , any personal property of such Lot Owner and any other property damage or bo dily injury arising from any cause or type of peril covered by any insurance carried or required to be carried by such Lot Owner under this Agreement or covered by any other insurance actually carried by such Lot Owner. Within ten (10) days of the execution of this Agreement or the issuance of any new insurance policy after the date hereof, which ever is applicable, each Lot Owner shall cause the insurer of such Lot to issue a waiver of subrogation rights endorsement to all policies of insurance carried in connection with such Lot and any improvements and personal property located thereon, which states, among other things, that the release and waiver contained in this paragraph shall not impair or reduce coverage under such policies. 7 BUS_RE'JOI4632 001 /5496243 .1 2_ -12.. ARTICLE EIGHT DURATION OF AGREEMENT 8.1 Running with the Land. This Agreement shall continue in effect perpetually and shall constitute an easement and a covenant running with and appurtenant to each Lot , provided , however, that nothing herein shall be construed as a conveyance by any Lot Owner of such Lot Owner's respecti ve rights in the fee of such Lot. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors , and assigns of the Lot Owners . The obligations of each Lot Owner to pay certain costs and expenses under this Agreement and the rights of the Lot Owners to receive the payment of such costs and expenses shall be appurtenant to the land and shall pass to such Lot Owner's successor in title, shall constitute a lien upon the land in accordance with the provisions of Article Ten hereof until paid, and shall run with the land and bind the Lot Owners hereto and their heirs, personal representatives, and successors in title. 8.2 Transfers of Lots. Notwithstanding any other provisions hereof, in the event any Lot Owner transfers title to the Lot owned by such Lot Owner to a bona fide third-party transferee, such Lot Owner shall be automatically freed and relieved from and after the date of such transfer from any liability for the pe1formance of any covenants or obligations to be performed by such Lot Owner relating to matters or occurrences arising from and after the transfer; and each such transferee of such Lot Owner will be deemed , by acceptance of a deed to such Lot, to have specifically assumed and agreed to perform the covenants and obligations of such Lot Owner under this Agreement arising from and after the transfer. ARTICLE NINE ARBITRATION In the event of any dispute arising concerning the Party Wall or any other provision of this Agreement, such dispute shall be resolved in accordance with the rules of the American Arbitration Association. The arbitrator shall have the power to enter an award which provides any of the remedies contained herein. The arbitration shall be held by a single arbitrator and conducted pursuant to expedited procedures. The arbitrator shall be a lawyer having at least ten (10) years' experience in real estate law and five (5) years' experience as an arbitrator or mediator. The arbitrator shall establish discovery and hearing rules with the goal of minimizing costs consistent with providing substantial justice for the Lot Owners. The prevailing Lot Owner shall recover such Lot Owner's attorney fees and costs from the other Lot Owner in such dispute , who shall also be responsible for payment of all costs associated with such arbitration. In the event that it becomes necessary for the Lot Owner who prevailed at the arbitration to enforce such award by its filing in a court of law, then the arbitration award shall be amended to include such Lot Owner's attorneys' fees and costs incurred with regard to such action. ARTICLE TEN LIEN RIGHTS AND STATEMENTS 10.1 Lien on Lot. All sums and amounts due and payable by any Lot Owner to [ff Other I: wn~iclr a.fe' n t pain irhitnlTn tme pro vtcterl f(Jf herein, shall consTimte a Jien 8 BUS_R E/014632.00 1/5496243 .1 2 -13 on such Lot Owner's Lot in favor of the other Lot Owner. To evidence such lien, the Lot Owner entitled to the lien shall prepare a written notice of lien setting forth the amount of such unpaid indebtedness, the nature of the indebtedness, the date the indebtedness fir s t became due, the name of the Lot Owner, and the legal description of the Lot to be made subject to the lien. Such notice of lien may be recorded in the office of the Clerk and Recorder of Arapahoe County, Colorado , five (5) days after demand by the Lot Owner entitled to the lien to the other Lot Owner for such payment. S uc h lien shall be deemed, however , to have attached from the date on which payment of the indebtedness first became due. Such lien may be enforced by foreclosure of the lien in like manner as a mortgage on real property subsequent to the recording of a notice or claim of such lien . In any such proceedings, the non-paying Lot Owner shall be required to pay the costs, expenses, and reasonable attorneys' fees incurred for filing the lien , and in the event of foreclosure proceedings the additional costs, all expenses, and reasonable attorneys' fees incurred thereby. In the event that the non-paying Lot Owner satisfies the indebtedness prior to the foreclosure of the lien, the lienholder shall cause to be recorded an appropriate instrument releasing and discharging such lien. 10.2 Statement of Account. Each Lot Owner will provide, within ten ( 105) days of a written request by the other Lot Owner, a statement indicating the amount of any unpaid charges or amounts due from the requesting or responding Lot Owner under the terms of this Agreement , any existing defaults under this Agreement by the requesting or responding Lot Owner, and any other information deemed proper by the requesting Lot Owner. If a Lot Owner fails to timely respond to a request under this Section 10.2 , any statement submitted by the requesting Lot Owner shall be deemed accurate and may be relied upon by third-parties such as buyers, lenders, and title companies. ARTICLE ELEVEN ENFORCEMENT The enforcement of an arbitration award pursuant to Article Nine and any disputes not subject to Article Nine shall be by any proceeding at law or in equity. The aggrieved Lot Owner, in such event, shall have the right to institute, maintain , and/or prosecute any such proceeding and shall be entitled to recover their costs and reasonable attorneys' fees incurred pursuant thereto, as well as any and all other sums awarded or allowed by the Court. Notwithstanding the lien rights accorded to each Lot Owner pursuant to Article Ten , but subject to the provisions of Article Nine, the obligations of the Lot Owners hereto are also the personal and individual debt of each Lot Owner, and an action may be maintained against a Lot Owner individually and personally to collect same by any Lot Owner. ARTICLE TWELVE MISCELLANEOUS PROVISIONS 12.1 Special Assessment. Nothing contained in this Agreement will give any Lot Owner the right to levy a special assessment on any or all of the Lot Owners. There will be no special assessments for the Property. 12.2 Right to Contribution Runs with the Land. The right of a Lot Owner to contribution from the other Lot Owner under this Agreement shall be appurtenant to the Property a nd sha1I p ass to such Lot wner s successors m title, s a constitute a ien upon sucn ot 9 B U S_RFJO 14632 .00 I /5 49624 3.1 2 -/'-( Owner's Lot until paid, and shall run with the land and bind the Lot Owners and their heirs and successors in title. 12.3 Governing Law. This Agreement shall be governed by and construed m accordance with the laws of the State of Colorado. 12.4 Modifications and Amendments. This Agreement and any of the provisions contained herein cannot be waived, discharged, amended, or terminated other than by means of a written instrument signed by both of the Lot Owners. 12.5 Entire Agreement. This Agreement represents the entire agreement and expresses the intent of the Lot Owners as to all matters pertaining to the subject matter hereof and supersedes and merges all prior or contemporaneous negotiations, offers, promises, representations , and agreements in regard thereto. 12.6 Headings. The headings of the various Articles and Sections contained herein are for convenience and reference only and shall not affect the meaning or construction of any of the provisions of this Agreement. 12.7 Separate Assessment. It is the Lot Owners' intention that the Lots be separately assessed for purposes of real property taxation. Should, for whatever reason, the Lots not be separately assessed, then each Lot Owner agrees to be responsible for and pay an equal share of all taxes and assessments , including all fees, or such other amount which is reasonable based upon information contained in the Property Tax Statement or upon which the Tax Assessor's Office relied in assessing the Lots. The Lot Owner receiving the Property Tax Statement shall submit, within fifteen (15) days of its receipt, a copy to the other Lot Owner. Each Lot Owner shall pay his/her/their share of the taxes and fees as reflected by such Statement by the date by which full payment is due, currently the last business day of April. Should a Lot Owner fail or refuse to pay their share of such taxes and fees as provided for herein , the other Lot Owner may make such payment and may have a lien against the non-paying Lot Owner's Lot in such amount, upon which interest shall accrue at the Default Rate until fully paid. Such lien shall be established, enforced, and released in the manner set forth in Article Ten, above. Notwithstanding the foregoing, in the event a mortgage lender whose loan is secured by a mortgage or deed of trust encumbering one of the Lots requires the establishment of an escrow for the payment of real property taxes by the Lot Owner who is the owner of such Lot and (i) the tax escrow payment is in an amount which in reasonable circumstances would be sufficient to pay the applicable real estate taxes for such Lot prior to delinquency , (ii) such Lot Owner actually pays the required tax escrow payment, and (iii) such Lot Owner provides reasonable evidence of the sufficiency of such amount and the payment of same to the other Lot Owner at least ten ( 10) days prior to delinquency of such taxes, such Lot Owner shall not be in default under this Section for failure to deliver one-half (or other appropriate amount) of the taxes prior to delinquency so long as such Lot Owner makes reasonable efforts to insure that the mortgage lender pays the appropriate amount to the taxing authority . 12.8 Mechanic's Liens. Should a Lot Owner cause or allow a mechanic's lien to be recorded against the other Lot Owner's Lot for labor or materials for which the other Lot Owner i not liatrle or re pmtS'rlrJ , hen ~trLur OWner shall tm:temnify, dmmt, Jtl lrerJ:ot 10 BUS_RFJO 14632 .00 1/54962 43.1 2 -IS" Owner harmless therefrom, which indemnification shall include , but shall not be limited to, the other Lot Owner's reasonable attorneys' fees and costs. 12.9 Notices. All notices, demands, or other communications required pursuant to this Agreement shall be in writing and shall be delivered in person or mailed by registered or certified first-class mail, postage prepaid, return receipt requested, to the street address for each Lot (which is set forth on Exhibit B) or to such other address or addresses as may be designated in writing by a Lot Owner. Any such notice shall be deemed given on the earlier of actual receipt by the intended Lot Owner or three (3) days after being deposited in the United States Mail in accordance with the provisions contained herein. 12.10 Emergencies. Notwithstanding the provisions of this Agreement requmng demand or notice prior to certain repairs, maintenance, or other actions, in the event the Party Wall , the improvements, the roof, the utility lines servicing any Lot, or other parts of any Lot covered by this Agreement are damaged or destroyed , or a condition exists on a Lot , and the failure to immediately repair such damage , or perform work to ameliorate the effects of such destruction , or remove or remedy such condition is reasonably likely to cause damage or destruction or fu1ther damage or destruction to other property or improvements , harm to persons or property, or prevent the occupancy of other improvements affected by such damage or destruction, either Lot Owner, without liability therefor except in the case of gross negligence or reckless indifference , may take such action as is reasonably necessary to prevent such damage, destruction, harm , or unsuitability for occupancy after making reasonable attempts under the circumstances to notify the affected Lot Owner. ST ATE OF COLORADO ____ County of ___ _ ) ) SS. ) By: Name: ---------------~ Its: Manager The foregoing instrument was acknowledged before me this __ day of ____ _ 2015, by as Manager of , LLC. Notary Public [SEAL] My commission expires: ________ _ 11 B US_RE'JO 14632.00 I /5496243 .1 2 -/~ DRAFT#l 12.17.14 BUS_RFJO 14632 .00115496243 .1 Exhibit A The Property A-1 2. -I 7 DRAFT#l 12.17.14 B US_RE/O 14632.00 l /5496243 . l Exhibit B The Lots 2 -/B APPROVAL OF LIENOR The undersigned, beneficiary under a Deed of Trust dated as of and recorded under Reception No. in the office of the Clerk and Recorder of the County of Arapahoe, Colorado, approves the foregoing Agreement (the "A greement"), and the undersigned agrees and acknowledges that any foreclosure or enforcement of any other remedy available to the undersigned under the Deed of Trust shall not render void or otherwise impair the effect and validity of the Agreement and the covenants running with the land described in the Agreement. Dated: STATE OF COUNTY OF ______ , 20_. ) SS. ) By: _________________ _ Name: ----------------- 1 ts: ------------------ The foregoing instrument was acknowledged before me this __ day of ____ _ 20_, by as of WITNESS my hand and official seal. My comntission expires: ________ _ [SEAL] Notary Public BUS _REJOl 4632 .001/5496243 .1 MEMORANDUM To: Nancy Reid, Assistant City Attorney From: John Bock, Utilities Manager of Administration Date: December 15, 2014 Subject: Party Wall Agreements The Englewood Municipal Code (12-lB-7 and 12-2-4) requires separate water and sewer taps at separate properties. An exception is made to this in the case of condominiums because the condo association owns and is responsible for the commonly shared plumbing . We are now being asked to allow single water and sewer taps where the duplex has a "common wall agreement." How does this compare to the code and our current policy? 2-2.0 PARTY WALL AGREEMENT THE STATE OF _______ _ is the owner(s) of the Property known as Lot _____ , Block ____ , of ____________________ _ Addition, City of _______________________ County, _______ _ as recorded in Volume _____ , Page ____ of County, ________ _ _____________ Records , and----------------------- is the owner of Property attached and adjacent thereto known as Lot _____ , Block _____ ,of ___________________ Addition, City of ______________ _ _____________ County, _____________ , as recorded in Volume ___ _ Page ____ of ___________ County, __________________ _ ______ Records; and WHEREAS , both of the above described units constitute one building structure separated by a "Party Wall" and/or "Party Fence" as defined herein ; and WHEREAS, in order to maintain a high quality, private residence while insuring a consistent, harmonious character to such properties and the preservation of their residential suitability to each owner of his/her unit , it is deemed desirable to place certain restraints on the herein above described properties . NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS : That the above referenced Parties do hereby adopt and prescribe the following covenants and restrictions which should be and are hereby impressed upon and henceforth will run with the land , to wit: 1. "Party Wall" shall mean and refer to the dividing wall between each adjoining dwelling unit. Any matters concerning a Party Wall which are not covered by the terms of this Agreement shall be governed by the general rules of law regarding party walls . "Party Fence" shall mean and refer to the exterior fences separating the two lots. Any matters concerning Party Fences which are not covered by the terms of this Agreement shall be governed by the general rules of law concerning party fences. 2. The cost of maintaining each Party Wall and each Party Fence shall be borne equally by the owners of the lots on either side of said Party Wall or Party Fence . PARTY WALL AGREEl\IEl'ff Page I of 4 2. ·-2 / P&P 6/00 !Doc ID 50511 3. In the event of damage or destruction to any Party Wall , Party Fence, shared monolithis slab, or shared roof if the rootline is joined ("Common Structure" herein) from any cause, other than the negligence of either party hereto, the owners of the lots on either side of said Common Structure shall repair or rebuild said Common Structure. The cost of such repair or rebuilding shall be borne equally by the owners whose lots adjoin said Common Structure. Each such owner shall have the right to the full use of said Common Structure so repaired or rebuilt. If either owner's negligence shall cause damage to or destruction of said Common Structure, such negligent party shall bear the entire cost of repair or reconstruction. If either party shall neglect or refuse to pay his share, or all of such costs in case of negligence, the other party may have such Common Structure repaired or restored and shall be entitled to have a mechanic's lien on the lot and dwelling unit of the party so failing to pay, for the amount of such defaul t ing party's share of the repair or replacement costs together with interest at the maximum rate allowable. The party having such Common Structure repaired shall , in addition to the mechanic's lien , be entitled to recover attorney's fees and shall be entitled to all other remedies provided herein or by law. The mechanic's lien granted herein is effective only if filed in the Real Property Records of the County where the Property is located , by affidavit declaring under oath the claim of the mechanic's lien. 4 . Neither owner shall alter or change a Common Structure in any manner, non-structural interior decoration excepted, and such Common Structures shall remain in the same location as when originally erected. Each adjoining owner to said Common Structure shall have a perpetual easement in that part of the premises of the other on which said Common Structure is located, for the purposes of such Common Structure and any other additional area necessary to re pair, replace, and maintain same. 5. Each owner shall keep all exterior walls of his dwelling unit in good condition and repair at his sole cost and expense . No owner shall do or permit to be done any act or thing that would tend to depreciate the value of the building (i.e. variance in design , colors, roofing etc .) 6. Each owner shall maintain the roof over his dwelling unit in good condition and in such manner so as not to damage other portion of the building. Each owner shall share equally in the costs to repair or maintain the roof over the Party Wall or Party Fence due to normal wear or physical damage. If a roofline is joined and both roofs must be replaced , replacement will be co-ordinated between the owners. 7. An owner who, by his negligence, disinterest or willful act causes a Party Wall or roof to be exposed to the elements, shall bear the whole cost offumishing the necessary protection against such elements and shall pay all damages resulting from such exposure. The cost of normal and timely weatherproofing and maintenance of the roof shall be in accordance with Paragraph 6 . 8 . If any monolithis slab repairs are required, the entire monolithis foundation must be involved in the repair process. Owners of both properties must cooperate regarding repairs to the slab . Each party shall share equally in any necessary repair. PARTY WALL AGREEMENT Page 2 of 4 2-2-Z P&P 6/00 !Doc ID 50511 9. In the event it shall be necessary for any owner to place this Agreement in the hands of an attorney for the enforcement of any of such owner's rights hereunder or for the recovery of any monies due to such owner hereunder , and if it is necessary to bring suit for the enforcement of such rights or such recovery , the prevailing party in such suit shall recover from the losing party all costs of court and reasonable attorney's fees , as determined by the court, in addition to any other relief or recovery awarded by the Court. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded . Enforcement of these covenants shall be by proceeding at law or in equity against any person or persons violating or attempting to violate the same seeking either to restrain violation or to recover damages or both . Invalidation of any one of these covenants by judgement or court order shall in no wise effect any of the other provisions which remain in full force and effect. EXECUTE D AT to be effective ________ , 20 __ . T H E STATE O F ____ _ § C O UNTY O F _____ _ § This instrument was acknowledged before me on the ___ day of ____________ , 20 ___ _ by _____________________________________ _ PA RTY WALL AG R EEMENT Notary Public -State of _____________ _ Printed Name of Notary : My Commission Expires: Page 3 of 4 2 -2. 3 P&P 6/00 [Doc ID 5051 I THE STATE OF ____ _ COUNTY OF------ § § This instrument was acknowledged before me on the ___ day of ___________ , 20 ___ _ by _____________________________________ _ THE STATE OF ____ _ COUNTY OF------ § § Notary Public -State of ____________ _ Printed Name of Notary: My Commission Expires: This instrument was acknowledged before me on the ___ day of ___________ , 20 ___ _ by ____________________________________ _ PARTY WALL AGREEMENT Notary Public -State of ____________ _ Printed Name of Notary: My Commission Expires : Page 4 of 4 -z -2 '1 P&P 6/00 IDoclDSOSll Date January 13 , 2015 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject Granular Activated Carbon Agreement STAFF SOURCE Stewart Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the GAC (Granular Activated Carbon) lease Agreement with American Commonwealth Management Services , Inc. (ACMS) at their October 19 , 1998 meeting . Council approved a GAC lease agreement with American Water Resource at their February 22 , 2005 meeting. Council approved a GAC lease agreement with American Water Resource/A.A.E .T. at their January 22 , 2007 meeting. Council approved a GAC lease agreement with Calgon ·at their January 19 , 2010 meeting in the amount of $548,373 for 5 filters for 30 months. RECOMMENDED ACTION The Water and Sewer Board , at their November 11 , 2014 meeting, recommended Council approval of the GAC Purchase Agreement to Calgon Carbon Corp. in the amount of $276 ,647.55 for two filters for thirty months. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Seasonal algae events in the Allen Water Treatment Plant's raw water supplies can lead to complaints of musty tastes and odors from Englewood customers. Carbon filters have been used successfully for effective taste, odor and total organic coliform removal. The granular activated carbon helps remove the organic and inorganic material which can cause taste and odor problems. In the past , the GAC media has been leased, but that practice has been discontinued in favor of purchasing virgin carbon. Bids were received and Calgon Carbon Corporation was the ----iowest-acceptable-bidde . -arb·on1 e-qoire-s-perrodic1e-pta-cHmentwhenever tncf icate015y an iodine absorbtion test. 3 -/ The proposed service contract will phase in a total of two filters , each requiring 2 , 700 cubic feet of GAC. This is for relacing the media in filters #5 and #6 in 2015 . The agreement will provide labor and equipment for the removal of the spent GAC and installation of virgin GAC for thirty months , along with GAC testing every six months. FINANCIAL IMPACT The agreement with Calgon Carbon Corporation will be for a total of $276,647.55 for two filters for a thirty month period. Calgon Carbon Corporation's quote was deemed not to meet specs. LIST OF ATTACHMENTS Resolution Bid Tabulation Sheet Minutes GAC Agreement 4 -Dec . 2014 City of Englewood Bid Tabulation Sheet Bid Opening Date: September 30, 2014 2:00 P.M. MDT I Apparent Low Bidder I ITEM BID: ITB-14-019 Granulated Activated Carbon Removal and Installation Services Addendum 1 Vendor Bid Bond Y/N SQQ Y/N Y/N Total Bid Exceptions: Cabot Norit Activated Carbon PO Box 790 Marshall TX, 75671 Nikki Vineyard -Inside Sales (903) 935-4794 N/A N/A N/A No Bid Carbon Activated Corporation 902 S 27th Ave Phoeniz, AZ 85009 Janet Ruelas -Operations/Sales (623) 547-9915 y y y $ 242,112.00 Calgon Carbon Corporation 500 Calgon Carbon Dr M Pittsburgh, PA 15205 . Robert Mclaughlin -VP Municipal M (412) 787-6810 y y y $ 276,647.55 DEC -03 -2014 13 :51 CAL GON CARBON 4 12 7 8 7 66 8 2 I Y, L.V 1 I • I V '"-I [ City of Eng Iewood i 000 Englewood Parkway Englewood , C090110 (303)· 762·2412 CONTRACT FOR SEAVICEa AGREEMENT THIS CONTRACT made and entered into on February. 201$ by and betwien Calgon Carbon Co!J?Qration. ~00 Caloon Carbon Qr .. _Pittsburgh, PA i 5205_ here inafter Nsme Addrass City St Zip called the CONTRACTOR and the CITY OF ENGLEWOOD. l'lereinatter called the CITY. W ITNESSETH; The parties do hereby contract and agree as follows: 1. The CONTRACTOR shall furn ish the CITY the follow ing services: To remove and dispose ot ex~ng GAC form filters 5 & 6 approximately 5400 cu ft. then ful'nbh and In.stall a total of 5400 cu ft of new tmused virgin GAC for fi2'ers 5 & 6._ A! th~ location . of: 1500 W estJ...ayton Avf?. EnglewQC?d Coloraao 6911 Q(if apoli gbli} for a total contract price of: Two Hundred SeventtSix Thous.and· Silt Hundred Foi;_ty Seven Dollars and S§/'T9J! (S 276,647.SS). 2. The term of tb is contract $ha ll begin on Mareh. 2015 wi"th worl< to be completed on or befom~201s. 3 , The -Contractor shall not commence work under this Contract until the insurance required r.indtr Ps.ragraph 20 of the Gener.aLTerms and£9nditions has been acquired ar.d ~~tisflletory proof of ~uch lnsuranoe has been s:ubmitted to the City. 4. ThG services sha lt be supervised by; or the project shall be ir'lSpected by the Project Manager for the City, or his or her authorized representatlve. 5. T&rms of Payment: The City agrees to pay the Contractor for the performance of all the work required under ttt is contraet. and the Contractor agrees to accept as the entlre and only eompensation therefore, suoh sum or sum~ of money as may bo propQr in acc:ordanee wrth thGI total e~timawd pr'ico or prices set forth in the Contractor'& proposal attached hereto and made a part he reof. Payment shall be made In a lump sum upon final eomplatlon of the proj ect unless olher terms are agreed to by the City in ths Statement of work. A 5% retalnage of the awarded proJect iJTloum will be withheld until final inspection and ~eeeptance by the Project Manager. 6. Th is. Contract i nciudQ~ tha GQneral Terms and Conditions as printed and set fQrth In the following pages, and the Contractor, by ·exoo1.1tln9 this Contract, agrees to comply with all such Gene~! Temi$.and Conditions . · P.002 DEC-03 -2014 13 :51 'IV -.£~-1-., l.:l ·L"r CALGON CARBON 412 7 8 7 66 8 2 7. The Ccntraetor shall guarantee all labor and materia l used in the performance of tnls Contract for a period of one year from the final written approval by the City or as per 1he Request for Qual iflcat ion and Spec ificat ions. S. IN WITNESS WHEREOF , the parties hereunto have subscribed to this Contract, Incl udi ng all Contract Documel'lt$ as listod Mlow: ___ Proposal/Scope of Wo rk Statement ___ Purchase Order No. CITY OF ENGLEWOOD By (s ignatu re ) (Prt nt Namo) Co~~ ( Jc~ By (s lgriatu ra) ___ lnsuranea Forms ___ Imm igrat ion doc uments (if appllcable) (date) 1 2/01/14 (date) Robert A. Mc Laughlin/Vi c e Pres i den t Municipa l (?linl Name) NOl'E: Federal Re9ulatJons (Code Sections 6041 and 6209) require non-corporate recipients of $6.00.00 or more to furnish their taxpayer ideotificatiOl'I number to the payer. The· regulations nlso ·provi de that a penalty may be imposed for failure to furnish the taXpayer rdentificatiQtl number. In order to comply with these rogulatlons. the City requires your federal tax identification number or Social S&eurity Number, whichever Is applicable. 2 3-s- P .003 DEC-03-2014 13 :51 !V -..:b'-l 'L I J. L'! CALGON CARBON Q.E:NEBAl.-IERM§ ~ eoNOJTIONS 1. PROPOS·AL ACCE?TANC;i. Propos:!s are cubJ•et lo ai::..GPICll'oC9 by Iha r;Jgnln9 of a COi'\~ Of.Id lS$uanc:e of an appropriate pu~ha3o order at any lime within 5ll(!)' (60) -days !liter the r!l'Ce!Pt or quom unlqs; othel"Nl3e stlputatcd. Tho City reserve& lhe rlgnt to aeeept or reje~ any <ll'1d ;l!l (ll.JQ\W lltld resoMis the ri;ht \0 w.!110 ariy lnforma lil)' ln any quote. ~. SO:E EXAMINATION . II api=Uoable. Contractot l'\'\1.ISt examine the slle MO certify all m;~ramen~. ~~lfti;Jllons and condilior\$ Dtfedlng the worl( 10 be pertcrrTMd at itie sll!!l. By ~llbmlning their quote. the Contnsclor warr.nts that ho or ene (hareln~llar hQ or his) madg suc:f:l $Ila exami08tion ~ tl'lay deilm ~$Sary rega~ing the .eondlllon of ll'lo el1e; 1\9 acce~$lblnty for materfa.~ wor~rn•n •nd utilities end t"I• Contractor's e.bUlty to proleci el>istin~ ~urf2ce .and $l;lb;urloee improvement3. Ne olaim for •ll0\141'\Ce ot time or 1t1oney w!ll b11 aJlowl:ld as 10 suah rnatio~ or for any olhgr ur1~lsoovered condltlon:i on th!! site. 3. EQUIPMENT AND LABQB. The Contractor shlill rumi5h all tt>Ol.s, equip111Mt, "ppa!rat\.IS, fa;l lltloc , tre~rta11on. labor. and mattdal l'!ecessl!ry to fumlsh tt1'I svrvl ~11 ttor11ln described. Th11 servicM mhall b" p9r1Qtl'Tltd at such times And places as dll'.9ottd by the .8uthoriz~ City niprwsentstlvQ :zs indicated In !Mo worlr;; s:poe.lfleatlon& or 9tatement of work :anaa1te1:tne ~to. 4 . SV,,CON'm!CTQR$. Contrador ~gm's to bind ~ry subconll'aC'lor to lt!Q uirmi of lhl& confl'aCt as f6!' a.! such tQrms are appll<:ab fo lo 1vbeon1rai;tO/'ll work. ti Contt"actor $1'\:iU aubCOntraet any part of ·lhls ·conlrac:t. Contreetor shQll bo fuUy respom11blo to ·the CJfy for ac:~ and omlltSions or hl!O subcontraotor r:ind of po~ alllm dlroctly .or ltldlr~Uy employ11d by 'hlln$9lt . Nothing contall'\ed in tne eontroct d0¢1.111'\ents shell cre&1e any tamraC11J21l re l a!larn~ bo1We&n any subc:ontractor and the City. S. p&EAUl T BY coNJ'lllACTOft ~1'1 Contractor. or any wbeontf3Cte>r, or veridor srian fui1 ID deliver any .!lftlcl11 or service or shall .(!eltver any erticla or sg!'llc11 wNclt does ~ c:onform to1/lo workspoc!fleatlol\S or:ttio Sta.temer.tt of Work. thO Clry may, upon 11va (~ b~iol!ISs ~· prior wrll'!Cln ~Uc; d•:sc:Tlblng ~ default, at Its option. annul and set ·ulde tile conb'aef e."lt~r;i:J Into with said Contn:dor. 'ubconiracior or Yen4or eith11:1r in wholo or In ~~rt and ·enter ll'lto ·• nciw contract in $UCh a.manngr wt-itoh would be lo th~ b":il advantage <>I th• City. The City iworve:s the rtght to ~cul utr; arUcles or ;orvk;os whlcll !he Contracior may be otlable lo fumistl D~9e at economlo conditions, governmental tG9u1a11ons or other slrnlti.r CSl'.Jsas bQYQt\CS tl'lo eontr.ol of the Contzactor p~ided Hti:tfaciory l'(O:)! is fwnlSl"IQd to lho City, If ~Ue619d. 412 787 6682 P.004 b;ln; ~r1Q(l'l'I~ and 511511 be malntalns(j In a ~f; ~d clean oondltien. 11, ACCESS TO WOR!S. City reprai;en~lvo&: £hall at all times h~ l)CCQ&S to wOf'< "ll'torevor It ls In p~paration or progreu. Contr:at"tor 3half provide 21!lf• and propgr IQC!H~e; ·for such aa:ess. 12. PROTECTION OF WORK 4ND PRO!>!STV. The Corrtr«otor shall erect eno proporly maintain :i.t all tlmas, as rtrQUlred by eondll!Orls and progre;; of woflt, all necessary ;.a°regusrdt, el11ns, barriers, rtgti!s, and watchmgn for proteetlon cf worl<men alld tl'le ~b llc, and shall post danger sign!> wamlng against hazard!! crciatnd lly sucti features In the cou~~ of itie i:on~n.ieUort 13. ~UeM!c.:t. The City reserves !he right to occupy builalngs .at. any U!Tt~ befo~ rorrnal conirac:t ccmplelior1 and such eeoupancy shall not conslHul.9 final acceptance or appl'QVlll of tJ!T'j part or tha work C'QYert(S by th!; oontract. nor sh.all 3uch ooou~c:y e~end tho !ialo i:pgct!Jgd for ~ub~llal co~letion of the worit. 14. MSIGNMENT gi: COt'TBe\CT !l';!O PURCHASE ~· Tl'le C.Ontractor sh.U not as~l9n or ttanelor by opg::atlon ol i.w or -otharwise eny or el l or its rlgh!S, lMdlln~. Cluties. or obllg11.tloM under thl; oentroot without thG prior written conscint or thQ Cliy. 15 , FOF!C!!!, M!JfUR_E Ct.AUS!;. The p::irtio:J to Iha Coll~ i»hrl.11 be exi::used f!1:lm parformiu\CQ hal'9c.indor duMg tne llma ~C! io ttle extent that th&y .1:1re pr!Mlnt•d from obtaining, delivering , or p&rform fng by an ~ or God. fire , 1>1rtk~. Jos11, shortag<1 of tl'Q/\Se>ortatlon fac:fllti~. took-out, or the comm11l'ldeering or mlltoriats, prt:1ducts, plBJ1tS or lac:lllllcu; by \he aovemment; when aatlsfaciory evfd&noe 1/'loreof is pr93ent5d to thu othor p:aMy(l9s). provided 1t\at It ~ 5lrtlshscti:mly embllshed th&! the non-perforronnco Is net dug lo thg f;,1,11! or nsgl;c! or the party not.porlormln~ 16. HOl.P l-IMML.ESS AAtfl'BACT; Th; Corrtrngtor 'hall ~. del;nd, tiold tmrmll!S!I and illdamn1ty t!'lci City 1rom and Eig!lln3t any isnd au 1ossos, clama;oc.. ll2bJlltlo11, claims, and ~I~ of Wflat&oover klnd And Mture 1or injury to or death ol any P«t'!JCm anti for losr> or oamagg to ~ pre~ occ:urring-in 'COnnoc110n wllh or In ~ we.y lncldent to or erl3lng out ol th11 occupancy, UIJll. service~ oper:itl<>ns, or pgt'f orm~o of worlc on P1"opc111y ul\der tho IDITT\' o1 lhls Ctmtmct ~ orry employoo, agent, or rep~va ol Contmctor end/or Its s\Jt!eol'ltraotors unfasis such loss wu a re,ult of the negli gent acts or om~lons ofthe City. 6. ~NiRACT CHANGE~. No change~ or alte!'ltlons t7;. EAYMENT, Unlo~ othinwlso sp~lfied, \he to this contl'lot &hell be-m!Sde without specific pr ior wrlf!en C<intMctor &haTI render lnvoh:es fur ma.!&rlati dol1119r~ or a»Provat by both partios. ~ervlcelJ per'Tormed unt!Qr thQ Contract or ?uroh"• Order. Thci City &hall make payment for ~s. suppU1111 or oll\er services tumtshlH! un:1vr Chi• Contract-In l1.1mp ~um on completion of Iha work w!tl"lln . th irty (30) days after dallvary to ~d ap~roval by !he a.uthoi!%&<:1 City r'oprocontac lve of en lnvoh::H and ott111r documentary ovfdcmco rGasol\Gbly 1'9qUlrad ~ tht City Including me sallsfoetory reln&e o! all Oen~ or claims f~ lie"' by s:ul:ICOntm:ton:, laberers. arnl material sup~e1' fu r worl( or materials prvo'idod under 1his Controct or Purchase Ord&r(whlch 2')pro~I shall not be u~oasonably withhe ld). 7. WORICG.Jttg . Contraetot chill et an times tnforce strict dl$Clpllne ·Md' good 01U1tr QITl<lng l"lls gmploy~ o.rrd. ahall not employ on WQfil •"Y Ul'lflt pef'8on of Qnycno net akttlod In work a:s!lgned to him or her. Any por11r;m tn the -employ of the Coriractor Who !M Clty may deem incornpotent or unfit shall c~ dlsrnfssad rrom 1h• Job site and "°'~ not again be emplo~d al the site v.iltiout wrlttlln conson! ~rom tho City. 8. SUIJST!JVTIONS. No ~i.:tltullol'\5 ot mater1als or ~rsons from those specified in the Statam8nt or Work llhalt b111 made wlltloul tho prier written approval of 11'1& City. 9. CQN!!l!ACTOR supF.RVl!;;ION. CoMtrac!Pr Bl'lall ~rovlae compettnl supel"ttslon ot persoonal ·<implo~ on tho Job :J~ us:a .at 11qu!pmont, and quality of workmQl'lShip. 10. &!&AN Uf. Debris shill ~ remowd trom iM• prDmleoa. The JolHIW shall ba kept In gc>od ortfer at 311 tlmgs. wMI\ WOik is riot~ally ---- 3 18. PERMIT§ ANC> L!CEMSES. Tho ~r ;:ini;j aR o! his emp1oya11s, ~ants, and 5ubeontracton; shall ~~ure and malnlaln In foroe, at Cont~lo(11 .solo cost and o~nce, ~ llc11nsgs znd p1111nl1$ as are ro<11.1ired by iaw, including any ~~n1ee or pemil18 roquh .. d by th5 Ctty Jn connocUon w\11'1 11°'Q fumt11l'ling o1 l'!12t11ri111ls:, supplies, or urvlcu ber'ein ll3ted. 3 -G, DEC-03-2014 13 :52 11.1 -L ::I -/ 't, 1 ,;i •I."! CALGON CARBON 412 7 8 7 6682 P.005 comractor Is an !ndQptndent Contractor. end not ar'! officer. qT11r;iloyo~. o;ic::ni. partnor, or Jo int wntul'll o1 tho C ity. 2.5 . (.?Q.V£8NWG LAW, Thia contract ;hall be povemed 20. CONIRAC!08'S At:!!? t:LJ9CONT!IU,e!QR'~ INSVRAN~. Th• ConlntCIOI' sinall l'\O! ·commence ~IC unacr this contraCI un!ll he hat oblo.ined the ir.lourianeo requ1rM .und$r this paragraph end SAl!!:factory proof of Guch ln!l1.1ranoe has bllun tubmlned 10 Clty . E:xc"l)t fo r wotlt&r's cetnpQ~llon lnsu~nce. lhEi policy :shall not be amendocl or modlf/~ arid th" cov1m19e amoor\ts aha!I not Oe rcduced wilt.lout tha City's pr1or wrl!Ien cons"nt. Th11 City $hall be 1\lmtcJ u an 11ddilional 1Murlilt1 and be fumlal'led thlrtY (SO) dGYJ written nollce l)rier fO ~nc1>!161ion. The Contracto r shall not al low any ~u~ctt>r, qmployeo or agent io comm8i:ic" work on this contract or ~ subcontract until this lnsuran~ ~ b&en obtained. a) WOPl~~'S COMPENSATION l!§YRAN~. Thu contraotor sl'lel l procure ancr shall m:i.lnt41n during· the llf! ~ this c:ontnct, Worker's CMIJ)AMllrion lnsuranc!I on all or l'lls cmP!oy&e$ to bg un~ged In woric on tnt 1>rojee1 unde r thb cel'\lract anc! Jn ~se of .a11y &ucli work sutx::onlr.aetod. the Corrtra~r shal r ruqulre ~~e euboornrtie!or provido WoOOJr's Compensation Jnsurcnce tor all af. the .subcontr4lcn¢rs srnpJoyee5 to b~ ungagod In such worl( 1.mloss such empll))'l!ICS are Q;Jvcirod by·ttie ContrQctor.s Wor1cor'6 Compensation lnavr&nce. b) 1<orm~ACIOR'S PUBblC LlABIUTl_ ANP · PaQf!iRII 2AMAG!!, !NSUAANOl!l. Thu Contrcctor and :any •u~eontraClor srian procun:i zmd sl'la\J maln1C1\n during lh~ life of lhls·contract, Contrat:tor'r;: Publlc-Uabitlty ln :1u.mnc:"·tn 1:111 amount not leat lhan $1,000.000 for Injuries, lncludlng aecldeni;t QUttl to 111'1)' ooe po~n, ;ind 11ubjoet to tbe .~o limit 1or each poreon. 1n an amount l'\Ot loS3 than S1.000,000 ot1 ~urit of one 11C.Cidffnt, Sl'ld snall atao msl Main Contr110tor':. Property Damago l·nsiurance ln e.n amount nor les than S1 ,000.000. 21. WA"RANn/OUALITV. Th• C(l(lua~r. mariu!a~,.,. or UieJr 5'15ign8CI ~1:1ants shell gi.arantff VlO workmanship, product or &~o• performed a~nm defects or fall Or e& of m11te1 iel:!1 for e minimum period of oni;1 (1) year from delivery or ttl11 !inal eompl ~t lon date for tno work. All workmani:.blp and merel'IBrldia& m~t .be wa.rranted to be In compl ler:u:e with appllcablo Colorado ~n~gy. conservalion. and 11rivironmontal lW!dards; 1.1nltss a longer minimum perlOd 'I& r;r:iulred Jn th& slatement of worlc:.. Oontractor siha!I fumlsh all manafactures' And suppUer' written guarantees and warrantCIQSI covering mator!Ms eoa equipment ll.lml&hod pumua11t to thl~ Contrac:t or Purcn;u; Order. 22. !$SIGNMjNl OF C~ Iii subm l 111~ &QUO\" on u-,1, proI;«, '"° Conl~r or llTI)' ~ubc:ontr.nctor agreeing \o :supply go~. ·s~rvlces, or ma1erlals, aod entering Into this ~!'1traet. tl'le Con1ractonu1d/or subc:on1r2c:lor do ol'flilr end agree to ~s:slgn 10 lh~ Ctt:y all rights, tlllo. and· lnter~t 1,, ~d 10 all ;a1.1eo:i ot action ii m2y ~u pUtSuant ltlls contract or subco1:1tract. This asslgl'tm&nt shaTI bo made-and bGcoms eftectivit at 11'1& ttmri th11 City t0nders fl~! paymenr tc tha Con1rae1or wlth~1;1t f\irthor acknowledgment .by thD p;vtlot. 23. S.:OMPUANCE WlTH LAW§. Cont~r sna1191ve an notices ~!'Id ccm~y wiltl all lawz. c~mances, rules and rogulatioll3 · blt8ting on ct1nd1Jot or work as lndlcated or specified In t"9 Swement of Work. If Cont~dOr observes that any of the wotl< t9C1ulrod. by !his eentract Is it variance wilh any -!luch laws, ol'dlnances. r.iLoe or reguratlons, Contracior shall "°1Jfy \he Ctty. In wntlng, and, a~ tnt •Ole opllon or the C~. llny !l&CQswy chat\OC3 ·10 thei 5COpe of WOl1< shall bq ~d• and this contract sh:lll bit a;ipfO!)l'l;Ately amended. in -.writing. or lhls ccntract tiriall bei lemlineteci 8!'!11ctlvu upon Contractora receipt ol a wr!non termination noilct from tie City. It Contrac:tor porforms ;arty worl( koow!ng It 10 blt in viola!lon or :;ucl) laws, &rdlnancss . t'Ul&s or rt9u11.11or.s B!'ld without fi1't notifying tho City or such vtol"!lon, Contractor shall bear all casts arblng ~(gfnlm. 24. IlME tS OE THE E§SENeli. 'Time Is of thg e1:$Ql'IO~ by and a:il'l$truOCI In accorda~ wltl'l '!ht laws of tn. S1a.1a of C~lotado . Wnui:t wlll'be prcper lo Arepal'IOQ CountY. CO. ~B . NO ORA.L M00$CATI.Ql!. Any we Jv11r, zmgndmont. modification, c:onsent or acqvle;~noo with respect to th la contract or any provision of 1his ccn!rllct or With r;speei '!O any faili.Jte to permrrn In acoordan~ 1hsl'QW!ll'I ;tiaU be set fotth In writing Mid <luly GxtCuled by or on behelf or th9 party to be bound th11raby. ZT. ~ Tne pMlas undlil!SWld .and aek.r1owled~ ~l'l~t each PartY Is subject lo Article X. § 20 of the Col¢ret:IO Com:tltutton ("TABOR"). AMY provision o1 thi! contract or Its anachmenta whfch lmpos11s upon Iha City. dlrec:lly or Indirectly, arry flMrielel obl'9:ition what::!Oever to be par1ol"rl\Qd or wh Jcti may be prit1crmed in :any fl~c:il yo~r ovb~u~mt of tM ysar c1 exiCUt lon Of lt'liS COl'llrad. i5 ellµrti:i~fy maae ccntln9en1 vp;in ~l"d sub)oct lD funds for sueli fll"ianclal obllgatlon .belng approprillitad. bl>dg&ted end otherw ise macfe Ml11bie. 2a. PROVISIONS REQUIRED EJy LAW DE§:MEQ INSii::!TED. ~h and e~ pr6'Jlslon of . Jaw aria c~so required by law to 1lll lns9rtgd In ll'I~ cz::lntraCI shall ba detmed to oa lnDQrted herein ll\d lhls .eontmct sl'lall be N-l!d anr:I gnfo~ M Viough it were Included th11rgln. 2g, V§Rtl=JCAnON Of CC>Mei,!~C WJTH C.R.S. B· ,7.~01 ET.S~O. J\EGARQING Hlir.iG OE J!.LE(fAL AU§NS (a) Employ.cs, Contractor& :and ~1.1bcontractors: Contr.!CtOr shall noc knowingly employ or contracl with an Illegal alien to perform v;orl< u~r 11'\I:= contract. Contractor shall not conttaet ~th a i:uboontractor that fails to ce~lfy to ChD COnttaCIOr tnat the WbCOn~r wlfl not knowlngry omploy or oontrllct wltti an 1nu11aJ :i.!lon Jo pGtfonn WO!'\< unoer th!s Contr.Jr:t. (CRS 8-17.~-1~~)(a)(l) & (II).) (b) Verification:. Conttactor Wllt participate In el!!'ler tl'le E·Verl!y pl'Qgmm or trte Oepllrt/Tlcmt program, as dennCld in C.R.S. B-17.S-101 (:l.3) and 8-17.5-101 (3.7) rDspect!Vely, II'\ ordar to confirm '111& em;>loyrmmt "liglblllty ot all empf Qy&es wl'lo l'Jre newly hlrvd for 11mptoyment to p~l'form work unct;r t~!s public contract !Of seMces. Contractor Is prohlbltod from using the E-Verify proaram or !t19 DepMm1mt program procaduras: lo ul"r6oMke pre~mp!Qymtnt ~cr!!t!ning of joh appficanl5 wh ile lhi9 contract ls being petfon"l\ed. (ci) Duty tg· Tcrmlneto a Su~tt~ If Contr::ietar ob11Ur.11 actual knowl&dg-e that a suix:ontrador pttfQrm}f'\g woci< under lh!3 contracl knowliigly empl o~ ¢r co"'~ with a" Pltg;i l tli•n. 11'1• COntrae1or she.it:. (1) ooilfy the subcDntractor and thQ City within three days #lat ttie Contrai:tor h&:I actual l<J'\owledo" that tho subcontr~r Is employing or contrlldl119 wl!h ~n IU•gal al ien: and (2) terminate th" subcontract w!lh the 3ubcontractor rr, within three diY' of rocolvin9 nolico ~red pursuant to this parag~ph th11 &ubcont~or do.as not stop emplgylng or eont~n11 with VlCI lll$9a.l alien: except !hat 1h; CCT1t12ctor cha!! r:iot Wmlnme the contr•ot with U,e 51.!bcontrsctor fl dlJring StJCTI tr\rei csaya lh11 s;ubcon~ctor pt'()llld~ infol'l'Mlion to oo~t>Ush that lhe l!ubeontrac:ior had ~ knowing ly ~plO)'lld or co~racttd wltl't th& lll~al anon. d) Duty to Comply with ~ ln11cstiption: CQntr~Clor ehall comply with any !1!asonabli:t roqu;n:t or th~ Cotomdo Depe.rtmont ol Labor ~nd Employrtumt mado In th& CQUrse of an lnvlilat!gat!Ol'I oy tnat tho PcP11rtment Is vn<ier1aklng ~urevant to C.R.S. e.17.s., 02 (5). -------,In ~rmane ef-Qt\d-00ft'l1'llat1QG---With G of-tt'to--------------------------- provtgJQM and condltJont·oftnl5 cootni.c1t. 4 3 7 DEC -03 -2014 13 :52 I V -L ti -l 't , I J.L 't CALGON CARBON 4 1 2 7 8 7 66 8 2 (e) Damag~ for Bte11c::h of Contract: Thll Clry may 1orm1nate tl'llS CO!\Vact for ~ broac::h of gorn"°t, In whole or In part. O've to COOtr<tc:tor'ri l>re1ch of a ny section of !!'Ii" paragraph or provi:iians roqui~ purz uant to C.R.S. S·1'7.S·Hl2. Co!'ltra~ 8l'ta ll be llab l11 for 1otual and consequentis l aomages te> tlie City In aad ition tg 11ny oths r klgis f or e<1a rtablo rgmedy 11\Q (REMAINDER OF PAGE: INTENT'IO NALL 'I' LEFT 6LA NK) City mlily !lo Gnti tled 10 for :a bree.el'I of th is Contr'1~ undtr tt'ti s Pamg!"llPll 29. 5 3 8 P .006 DEC-03-2014 13:52 CALGON CARBON 412 787 6682 P.007 Soope of Work A. PUrQ/'laso ana Sale: 1. Co~r eh;:ll supply tl'ta QA.C requ!rac:I for tho City's fll1a111 •H lh& Atlcan Water Traatment Plant l1!l the i:urrent GAC n~11 mplocomcint for the CJty's GAC flltero ae sp.eclfled ln Exh lblt A {Sid Form) attachud .h1m1tD <lntl lncorpor.t&d herln. 2. Cornra.etQr guaram~es that the ClAC provided shall be BCCOl'tllng 1ti lho SPfCt!lca11oriG end 5amples submlned and lnsta~ed ztCCOrding to AWWA st:incbrtls, 3. T1u1 purc:hase -and ll'ls'.aUat lon or th~ GAC v.lft b~ on an ~ naede" basi& for filler& numberoi:i five and s.Jx.. 4. Contr.ic:tor will rotnQve and di$!»" of th• GA.C 1:1t lh!! enc or lis W:l!llul life, as darnrmlnad by the City, should the Clty p11rtih~o rep re1ccment GAC from the Contractor and £:houlc lhe GAC cQ'Tlply wrth the Contractol'e i:iccoptzinc~ ct11urta. Botti parties unde~tarld the 1erm ·useful fife of tnlil GAC" ls subJeetJvg arid 1h~ Cot11rac1er wlll make recommendations as to rha condltlon er the GAC: baSecl on the periodic lest results. 6. Sorvlcez: 1. Contractor wm prcvldg svpervl;lon, labor and all eq11ipment for V'lo in:stallatlon a1 the virgll'I ClAC Into the IUters one scn~ura agrua to by boll) ~rt!1n;. Tho City wlll provide all necessary wale r. eleictricity, and suitable drainage to :.ecompllsh \liQ l~llatlol'I of th& virgin GAC In lhe fil!Brs. 2... Contractor wlll !~I t ll GAC suppl!~ under the Aarc1ement every s\:t (6) mortlhs or on another periodic schedule as rec:iuost?Jd by~ City. Such tests shall Qql.131 five {5) completo usmpr lnri enslytlcl!ll sult9' for ol\Ch GAC fl ltar 10 be supp lied !)y tt\i;i COnltlot¢r OtM addll lonlll i;hmve boyand the payments deseribei:I Jn Paragraph C here in. The 1irst test will oc:cursbc (6) month!I Qfigr th& lnstalfatlCll'! of GAC·ll'lto ~acih ol tl'le filters r:ov!lrod under thhs Ag1'9cim;mt. 3. Should fll1:1 City requir!t addlllon;aJ '~pie~ for O:lCl'I ftlttr 1'oyond this c:iuat1tity, tho City will pay !or them at th11 unit price SLJppllad .by rhe Contractor with 'thl3 Agreement, fDr the !ullow!ng analys!s.: a. lodln11 NumbQr b. effective Size c:. Ai:h Con1'1nl d. Uniformity Cottficlent C. 0oMldCll'.3l1on: Tha Clt:y shall p.ay the Contractor for lho &ONi;n p~aed hcrour:ider ~ monthly lnstallm&l'lt I~ ot $_4,57'7.46_ par niter, !)Gr montn. t)&glrinlng on the ton!li (101") d11y of tti;;i mO!lth followln9 lm;~11a11on ol th; GAC into fi ltere Sand 6. Thitsi lnsta]lmgnt pa)l!Tlgni. shall ccMlnue for thirty (30) montti:s ~r the IJ"llStal~on of thg new GAC In each llltQr. Th; tml «it\ to tho City 3twsll not el!C011d s.,;!76,647..55_ (S_ -4,577,46_ per lll~ri< ~o monthi x 2 li/~r.i}. O. "fgrrnln.oitlon: This Agroement sha.11 .termlnale aI the ·erid oMhe useful life ol the GAC ln~lle<l In t.ha City's nltit.8 .SJ dt!ermlried by the Clty, unless extendec! by written · mutual agTG;ment of the C)anles. Should the Contractor fail to provide GAC arid tGrvlc:es. u provided lri Ex.l<ilblt A, \he City, Vtith 30 lfisy:i written OPtlco an!! thQ Contractor's. eenlll"lt.>ed fallu,.. \O provide GAC ~ ~ervices durtng such nottce perlod. may tem"llnate this agreement for cause. 1. This Ag~ement shl!ll no! bg assl~ncid by ~or party without the written eon!\ent cf the other party, which ccm:i;unl $11;1) not b• unroa:ionably Vfitt'lt'leld. Any assignee shall ~WTI11 211 ll'IQ obllptlorn: or \hi$ Agreement and tne · 88$ignor .al'lall aot be rel ieved ol ~ Qbllgatlons und;rlhlG Agreemoot by ri1lll$0n o1 auch as&ignmant 2. Contr2ctor mrranta that lhe GAC delivered hereunder .s~d conform to th• ~peclflc:ailtm$ a~raad to In writlng by the paroes !Qr a PE!tiod ol triiny (30) d!ly& from tMQ da1" ·ol r;hlprmlnt and any aeNI~ provic!cd he>rounder :snail be performed ln a worlo;manl lke manner in i:iccordance with Industry standarli&. 4 3-9 DEC-03-2014 13 :52 CALGON CARBON 412 7 8 7 66 8 2 P .00 8 ABRD@ CERTIFICATE OF LIABILITY INSURANCE I OA Tl! (MllJOOJYYTrl , 2J1l3/2014 THIS CERTIFICATE IS ISSUED AS A MA1TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIRCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If tho certificate holdor Is an ADDITIONAL INSURED, the pollcy(los) must be endorsed. If SUBROGATION IS WAIVED, subjoet to the torms .and conditions of the policy, certain pollclos m11y ~quire an ondorsomont. A statomont on thh~ certlflcato does not oonfor .rl9ht$ to tho cortlfleate holdor In Heu of such endorscmont(s). f'RODUC!R =n111CT Msr3h USA Inc . MA'""' ~~~~-"""' I ~.u Six P?G Plac e, Suite 300 IAJC N1>1 ' Pll'.!iburgh, PA 15222 E·MAl~ Ann: Pit!Bburg h.ceitrequ~st@~i!rSh .com ADORl!ISI;: IN$1JRERl!ll AFFOltOlNG CO\/!!AAOE NA.ICJ J02175-Ce,.14-15 iNaURi;R A.: National Union Fire Ins Co Plttaburph PA i9445 -· ·- INSURl!R. B : NIA NIA INSUREC Calgon Catton Corp ors~on INSUR!!R c : The Insurance Compa ny of Iha Stale of Pennsyl vania 19429 Ann : Cynth ie Llgo 400 Calgon Carbon Dri ve IN3U"EJt D ; NIA NIA Pit!Bbu~h. PA 1520S INS\J"llffi E: INSUIU!~ r'; COVERAGES CERTIFICATE NUMBER: CLE--004170615--01 REVISION NUMBER:3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TC THE INSURED NAMED ABOVE FOR ~E POLICY PERIOD INDICATED . NOTWITHSTANDING AJoN REQUIREMENT. TERM OR CONDITION OF" At'l'f CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRJBEO HEREIN IS SUBJECT TO ALL THE 'TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 'IN~~ TY1'! OF INSURANCfi POLICYNUMB!!R POUC't"EFF 1~~76%JYWY1 UllllT8 LTR ••••h I wvr> IMM/nnrrrrn A GENERAL LWllUTY GL19297S6 OS/0 1/2014 06/0 112015 E.AC11 OCCURRENCE I s 1,000 ,000 ~M"O'l. 00<eAA.. """'"" ~=~~~"~,~~~, s 1,000,000 CL.A.IMS.MADE ~ OCCUR MED EXP IAMJ OM """'an\ $ 0 PERSONAL & ArJV IN.JURY s 1,000,000 O~N;AAl. ACJCREGATE Is Z,0 00,000 ,....... -- G~l AGGReGATF. UMrT APPLIES PER: PRODUCTS • COMP /OJ> AG~ s 2.000,000 n POl.ICY n ~~.2; fXl LOC Self-~"d RetontlQll s 500,000 A ~~~~= CA0948237 (AOS) 0&101/2014 06/01/2015 ~~MBIN~• ~•N •~ "LIMI T 1,000,000 -••""-nll "' A Af'lYAUTO CA09S906 1 (MA) 06/0112014 O&I01/2015 800 1 ~ Y INJ\JRY (Por p<11Wan) $ AJ.L OWNEO -~EOULEO BODI LY INJIJRY (Per eo:Jd..nt) S AUTOS _ ~~'?JwNED ;~';'~);."IT DAMAGE :i HIR!O AUTOS ...:. AVTOS Id•~" $ IJM!JRfLLA LWI HOCCUR EAC~ OCCURRl!NCE s - EXCESS l.IAB CUil MS.MADE ACCR EGATE s oi:o I I RETEMTION s s c WORK!RU COMl'ENS.4 TION vvc,;omz1164 (CA) I 00/01/2014 08/01/2015 x I T~~T~T~ .. 1 1 or~- .lNCl l!MPt.O'l'tRS ' LIADILJTY J;R c Y I N WCD16721165 (AZ) OG/01'2014 06 /01/2015 1,000.000 l>Jo('( PROPRIETOIWAAT~cXE Cl.ITIVE 0 E.t.. EACH ACCIDE.1'.'T $ c OFFICEAA-IEM~R EXCLUDED? N N /A WC0187Z1166(LA. Ml, MS , OR, TX. NY) 0610112014 06/01/2015 1,000,000 (Mendatory In NH) E.t.. DIS!AS! • l!!A £MPL0Yp S c tr;• deacrlbeundlll' WC 018721 1B7 (NJ) OS/01/20 14 06/0112015 1,000 ,0 00 0 SCRIPTIDN OF OPERATIONS below E. L. CISEASE -POUCY LIMIT s O~!JCRIPTIOH O~ O!'!IU.'TlON:S I L..oCATIOft5 /VEHICLJ;S (Altach .t.CO!Ul 101 , AddlVonal Rtmatb :Soh•dldo, If rnara tp•c. I• .. ~ultodl Clty of EnglllWQOd ls/11re lnduded as addJijonal Insured (exce;it worke~' compensa~on) whn req uired by wriaen O')!llldct. CERTIFICATE HOLDER CANCELLATION Clty ol Englewood SHOULD ANY OF THI: ABOVE DESCRIBED POUCJ!!S BE CANCELl£0 81!FORE 1000 Englewood P<ltkWay THE EXPIRATION DA'l'E THEREOF, NOTICE Will BE Ol!UVE~O IN Engl!WllOd, C-0 80110 ACCORDANCE WITH THE POLICY PROVISIONS. AUnlOltlUO R!PR£8E:NTATIVE of Marsh USA Ing. I Manaah i Mukhe~Ge ...l'll.o."VV>Olo...:. ~ ~ 1988-201 O ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD n.ama and logo are roglst.rcd marks of ACORD 3 -/D DEC-03-2014 13 :53 CALGON CARBON 412 787 6682 P .009 AGENCY CUSTOMER ID: J02175 ~~~~~~~~~~~~~~~~~~ LOC #: Pittsburgh '~@ ACORD ~ ADDITIONAL REMARKS SCHEDULE ACOENC'Y NAAIED INSURl<D Marsh USA Inc.. C~lgon Carbon Corpol'!ltion Attn; Cynthia Ugo P'OLICY NUMO~ 400 Calgon Carbon O~vc Pllt3buf91\, PA 15205 CAJl!lllll!R I NAICCOOE !l'~!cnve: CAT~: ADDITIONAL REMARKS THIS ADDmONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance POLICY NUMBER: WC018n1168 STATE(S) COV!:RED: t.'A, ND. OH, WA. WI, W'f INSURER: THE INSURANCE COMPANY OF TriE STATE OF PE>INSYLVAN IA EFFECTIVE ANO EXPIRATION DATES: 0Ml1/2014 -05/0112015 POLICY NUMBER: WCO! !721189 STATE($) COVERED; IL. KY INSURER; THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA EFFECTIVE ANO EXPIRATION OATES: Olil01f:Z014 -0&'01/2015 Page 2 of 2 ACORD 101 (2008/01) ~ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo aro ri>glstored marks of ACORD .3 -// DEC-03 -2014 13 :53 CALGON CARBON 412 7 8 7 66 8 2 ENDORSEMENT Th is endorseme nt , effective 12:01 A.M . 06/01/2014 form:i a part of policy No.GL 192-97-56 issued to CALGON CARBON CORPORATION byNATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLY NOTICE OF CANCELLATION PROVIDED BY US This endorsemenr modifies lnsuranca provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FOAM GARAGE COVERAGE FORM COMMON POLICY CONDITIONS, A . -Cancellotion, 2. Is amended to read: 2. We may cancel this po li cy by malilng or de l iveri ng to the first Named Insured written notice of cancellation at least: a. TEN { 10) • days before the effective date of cancellation if we cancel for nonpayment of premium ; or b. NINETY ( 90)• days before the effective date of cancellation if we cancel for any oth er reason. • The notice period provided shall not be less than that required by applicable state law(s). ~~reaentative or 09307 (6/08) 3 -12- P .010 OBITU~RY: Arts patron Celeste Flemjn g dies 86. »t oe State b~ard drawing up a plan to increase supplies in increasingly parched region COMMISSIONED WORK BY RENOWNED GLASS ARTIST By Bruce Finley The DenveriPost Colorado is looking for i~J bil- lion gallons of water, and a long- awaited state plan for fincli!g it calls for increased conservation, reusing treated wastewater I and diverting more water from! the Western Slope. ' The plan, ordered by Gov. john Hickenlooper to deal with a mas- sive projected water shortfall, is about to be unveiled. Rising de- mand from population grqwth and industry, if continued through 2050, threatens to leave 2.5 million people parched. ' But water suppliers east • and west of the Continental Divid~ are clashing over det ails that the ~aft plan does not specify. Those on the water-poor ' east side, where Colorado's 5.3 xnUnon population is concentrated, p p or- itize diverting more westerq wa- ter under the mountains to sus- tain Front Range growth. Those on the west side oppose new di- versions -and want this re~ect ed in the plan. "The state plan is silent on the is- sues the West. Slope has raised," said Colorado River District man- ager Eric Kuhn, a lo~~vo cate for western co ties. "What good is a plaii that doeS not build a consensus on the most diffi- cult issues? What good is a plan Uit does not encourage discussion and resolution of the most difficult is- ..._ \ :r --~~.,------~,,,~----.--~_,..-... ...,~ ... ~-·~--·------~--------~~---·-__,.---,,----------Q ___ C" __________ ----·-- Botanic;Gatdens on saturday~ "Colorado," a work by Chihuly, h&s been purchased by the gardeDS'. Kathryn Scott 0$ler, The Denver J?ost A rendering shows Dale Chlhuly's "Colorado" in the Ellipse rose garden. Denver Botanic Gardens buys a Dale Chihulywork •. ByltaYMark Rinaldi Denver Post Fine Arts Critic The Denver 'Botanic Gardens an- nounced Saturday thafit will pur- chase a large sculpture from Dale Chihuly, the renowned glass artist whose work has drawn record crowds through its gates this summer. The gardens' "Chihuly" exhibit, which features scores of colorful, curlingshardssprinkledthroughout t;he grounds, already has pushed at- . tendance to u million for the year. The previous high mark was 879,000, for all of 2013. The purchased piece is not part of the current show. which.runs through Nov. 30. ~ Qllhuly will make a new sculpture. customized for a spot in the center of a pond in the recently opened Ellipse rose garden, on the south side. The sculpture will consist of 750 pointy red, orange and yellow rods that will shoot off a central axis. The work will look like it is floating above the water. Chihuly, who wa:s in Denver as the CHIHULY»SB sues?" The core problem. Kuhn said, is that "all the water within so miles of the Continental Divide is al- r eady spoken for." If there's nothing more to divert, said Eric W'tlkinson, manager of the Noithern ·Colorado Watd- Conservancy District, one of th' major Front Range suppliers, therl irrigated agriculture will suffer. Considering the importance agriculture and food production. surely there's more water to be found, Wilkinson said -water that could be removed from the Coloral do River Basin before it flows t California, Nevada and Arizona. "It is smart to use the availabl resources that we have," W'illcinso said. "If you don't pursue all the al tema. tives, whatever yo. u don't p ~ cure from conservation ... is goin to come out of agriculture dry-up. For 18 months, state planne have been trying to meld visio from eight river basins into the state plan. WATER»68 N ::r L.J-3 68» DENVER & THE WEST SUNDAY, NOVEMBER 9, 2014 • DENVERPOST.COM • T Parker's Rueter-Hess Reservoir, shown in April, is poised to play a crucial role in pro- viding water to one of the fastest-growing metro areas in the U.S. Hyoung Chang, The Post ATER ((FROM lB The draft plan that the Colorado Water Conserva- tion Board is expected to un- veil by Dec.10 does not spec- ify where Western Slope wa- ter would be found. Instead, it focuses on building con- sensus among people in dif- ferent river basins and off- setting environmental harm. "There's going to have to be some quantum of water that comes from other ba- sins," said CWCB director James Eklund. "Our history has been clashing over the Divide. The reality is the Western Slope is seeing available water in wet years for the Front Range to bring over. They are OK with that as long as there is mitigation or compensatory storage. "To say there's no prob- lem over water would be pretty myopic~ But I defi-· nitely think this plan boiled down is about collaboration and balance. Most people I talk with, even in the' in- tense water community, view themselves as Colora- dans first and members of Lochhead views Colora- do's projected shbrtfall in the context of climate- change impact on water around the West and legal obligations to deliver water to other states. An interstate agreement splits 15 million acre-feet of water presumed to be in the Colorado River between upper basin and lower basin states of Arizo- na, California and Nevada. "Our ability to develop additional water projects from the Colorado River is dependent on the security of that supply," he said. · "The problem is that we have an obligation to deliv- er to the lower basin a cer- tain amount of water. So we get leftovers. And with cli- mate change, the upper ba- sin has to bear the hydro- logical risk of what is left over. We need a way to quantify that and work with the lower basin to provide security on how we are go- ing to be sure we have that amount of watei; before we can move forward with any kind of big new project." State officials held public hearings as required by lawmakers on the draft plan. They say they will hold more before finalizing the plan by December 2015. "Our need to do this is now. We've seen sustained and systemic drought and record flooding," Eklund said. "We need to make sure we are as agile and forward-thinking as a state as we can be." Bruce Finley: 303-954-1700 or bfinley@denverpost.com ret of water • State officials poring over plans to transform waste effluent to cover ~hortfall ,...._......, ,......,T T ·A ,..... ... .., ----~-·-------~-- •Pam Headrick . . . By Bruce"Finley The Denver Post Colorado water providers facing a short- fall of 1()3 billion gallons are turning to a long-ignored resource: wastewater. They're calcalating that, if even the worst . sewage could be cleaned to the point it is safe to drink-filtered through super-fme membranes or constructed wetlands, treat- ed with chemicals, zapped with ultraviolet rays -then the state's dwindling aquifers and rivers could be saved. Colorado officials at work on the first statewide water plan to sustain population and industrial growth recognize reuse as an option. "We need to go as far and as fast as we can on-~te;-reuse projects," Colorado Water ConserVa.tion Board director James Eklund said. • But there's no statewide strategy to do this. Other drought-prone states, led by Texas, are moving aliead on wastewater conver- sion to augment drinking-water supplies. Several obstacles remain: huge c;osts of cleaning, legal obligations in Colorado to deliver water downstream, disposal of con- taminants purged from wastewater, and safety. Local water plans recently sutimitted by leaders in five of Colorado's eight river ba- sins all call for reuse, along with :conserva- "tion and possibly capturing mc;>re snow- melt, to address the projected 2p50 short- fall. • :J- I ::i- DOWNS A PIONEER IN INFANT HEARING CARE Denver audiologist Marion Downs, who in 1963 created the nation's first infant hearing screening program, has died at age loo. » 98 COURTS MAN GUILTY OF FRAUD An Elizabeth man pleaded guilty to a fraud charge for lying about being a decorated Army sniper. »2B :>CU.Upu:::t Thursday at the Denver Water Recycling Plant. The plant is treatilig wastewater and filtering it with the hope to turn it into drinking water. Photos by Brent Lewis, The Denver Post "" David Brancio walb by pipes in the pumping station of the Denver Water Recycling Plant. m.:a.i llllll["' w reuswg wa[er, accoramg to the plan for the South Platte River Basin, which includes metro Denver. The Arkan- sas River Basin plan relies on reuse "to the maximum potential." Western Slope authorities in the Gunni- son, Yampa and Colorado river basins con- tend Front Range residents must reuse all available wastewater as a precondition be- fore state officials consider new trans- mountain projects. · The emerging Colorado Water Plan, to be unveiled Dec. io, remains a general guide, lacking details such as how much water is available. Nor does this 358-page dr~t plan specify how much of Colorado's shortfall can be met by reuse. Water industry leaders urge an aggres- WATER » 4B ~ ENERGY OUTREACH :.-,,/~,,,i:u:~ 95e out d M1Y dollar .. rllae goal dlracllJ 1D needy Celorldo flmilill. 8llilg '°llrallngllrlfl llQJglldlon fhlm: ~·ll I "" lt) ::r 4--~ RE: Council Request 15-004 Clarkson/285 Drainage Issue The southeast corner of Clarkson and 285 consists of two parcels 3560 and 3590 S Clarkson . There are no drainage issues with these parcels . The sani t ary sewer service is the issue . The existing City sanitary sewer main serv i ng the parcels is at an elevation above the parcels requiring lift stat ions to get the parcels sewer services to the City main. Lift sta t ions are allowed by Municipal Code (see attachment). Another option for san itary sewer service would be to extend a san itary sewer main in 285 from midblock of Clarkson/Washington east to the parce ls. Pursuant to Municipal Code , the property owner is responsible for the cost and expense of the sanitary sewer extension (see attachment). Refer to attached map for the option to serve the parcels by gravity eliminating the need for lift stations. City of Englewood Utilities Deoartment S Clarkson St & 285 Legend @ Sewer MH -+ San Sewer Mains • -Sewer Main Extension CJ EnglewoodParcels N A 1 inch= 75 feet "The accuracy of the data within this map is not to be taken/used as data produced by a Registered Professional Land Surveyor for the State of Colorado. This product is for informational purposes and may not have been prepared for or be suitable for legal , engineering, or surveying purposes. It does not represent an on the ground survey and represents only the approximate relative location of property boundaries." City of Englewood Util ities Department Current as of November 2014 2012 Imagery 12-18-3: Water Mains B . Extension Of D istribution Mains : When it is requested in writing to extend a distribution main in order to serve a responsible applicant or applicants whose property is located within the City , the City will make such extension at its own expense subject to recovery . Recovery shall be from the requesting party or parties and shall be upon completion of said extension . Recovery shall be defined as the entire cost of the main extension . The requesting parties shall demonstrate the ability to reimburse the City for water ma i n construction costs prior to construction . In the case of new subdivisions or revised plattings , the applicant shall submit to the City three (3) approved pri nts of the area involved upon which shall be shown the lot and block numbers and the house numbers. All water mains shall be constructed according to standards as established by the City and shall be located within dedicated public rights of way or acceptable recorded easements. 12-2-9: Construction of Sewers; Extens ion of Mains; Costs; Inspection A. When an application is received to extend the collection main in order to serve the applicant or user whose property is located within the City , the City shall make such extension at its own expense, subject to recovery of said costs and provided that the extension is to serve land properly subdivided . Recovery shall be from the requesting party or parties and shall be upon completion of said extension . Recovery shall be defined as the entire cost of the main extension . The requesting parties shall demonstrate the ability to reimburse the City for sewer main construction costs prior to construction . All sewer mains shall be constructed according to standards established by the City and shall be located within dedicated public rights-of-way or acceptable easements . In the event that the extension is to serve nonsubdivided , industrially zoned lands within the City, the City Manager or designee may require that the applicant or user extend the collection main at his own cost and expense , subject to an equitable method of recovery of costs . 12-2-4: Private Sewers, Connections and Repairs. E. Installation and Maintenance . A ll costs and expenses incidental to the installation and connection of the private sewer shall be borne by the applicant who shall retain or employ a licensed sewer contractor or plumber to make connection to and install a sewer. The serv ice line from the public sewer main line to the structure to be served shall be installed byJhe property owner at his/her expense . Jhe owner shall hold the City harmless for any loss or damage that may directly or indirectly be occasioned by the installation of the service line or the malfunction of any old private sewer. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served . The owner shall keep the service line for which he/she is respo nsible in good condition and shall replace at his/her expense any portions thereof which , in the opinion of the City , have become damaged or disintegrated as to be unfit for further use , or is in such condition to permit infiltration into the system . All repairs shall be completed within thirty (30) days after notification and shall be completed by a bonded contractor. The owner shall be responsible for returning the public right of way and the street to acceptable City standards . for any loss or damage that may directly or indirectly be occasioned by the installation of the service line or the malfunction of any old private sewer. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served . The owner shall keep the service line for which he/she is responsible in good condition and shall replace at his/her expense any portions thereof which , in the opinion of the City , have become damaged or disintegrated as to be unfit for further use , or is in such condition to permit infiltration into the system. All repairs shall be completed within thirty (30) days after notification and shall be completed by a bonded contractor. The owner shall be responsible for returning the public right of way and the street to acceptable City standards . D. Private Lift Stations . Sewage lift stations shall be prohibited except in structures where it can be clearly demonstrated to the satisfaction of the City Manager or his representative that the sewer discharge pipe cannot be located to allow gravity flow to the public sewer. Sanitary sewage discharge from such structures shall be lifted and discharged to the sewer by means of a sewage lift station that shall be located inside the building to be served , which sewage lift station shall be owned , operated and maintained by the user. Sewage lift stations may be located outside buildings only with the approval of the Water and Sewer Board after submission of compelling evidence that no alternative arrangement is or was possible. Outside building lift stations approved by the Water and Sewer Board must have bolt-down, gasketed lids, vents that extend above the building roofline, and water tight containment structures with top, rim elevations that extend at least six inches (6") above the rim elevation of the nearest toilet bowl. Furthermore, the property owner shall enter into an agreement with the City of Englewood, which agreement shall bind the owner and all future successors and assigns, whereby, should the lift station overflow, the City shall be held harmless and indemnified against all State and Federal fines, penalties and legal actions. RE : Council Request 15-004 Clarkson/285 Drainage Issue The southeast corner of Clarkson and 285 consists of two parcels 3560 and 3590 S Clarkson . There are no drainage issues with these parcels. The sanitary sewer service is the issue. The existing City sanitary sewer main serving the parcels is at an elevation above the parcels requiring lift stations to get the parcels sewer services to the City main . Lift stations are allowed by Municipal Code (see attachment). Another option for sanitary sewer serv ice would be to extend a sanitary sewer main in 285 from midblock of Clarkson/Washington east to the parcels . Pursuant to Municipal Code, the property owner is responsible for the cost and expense of the sanitary sewer extension (see attachment). Refer to attached map for the option to serve the parcels by gravity eliminating the need for lift stations . City of Englewood Utilities Deoartment S Clarkson St & 285 Legend @ SewerMH --+ San Sewer Mains • -Sewer Main Extension N A 1 inch = 75 feet "The accuracy of the data within this map is not to be taken/used as data produced by a Registered Professional Land Surveyor for the State of Colorado . This product is for informational purposes and may not have been prepared for or be suitable for legal , engineering , or surveying purposes . It does not represent an on the ground survey and represents only the approximate relative location of property boundaries." City of Englewood Util ities Department Current as of November 2014 2012 Imagery 12-18-3: Water Mains B . Extension Of Distribution Mains: When it is requested in writing to extend a distribution main in order to serve a responsible applicant or applicants whose property is located within the City , the City will make such extension at its own expense subject to recovery . Recovery shall be from the requesting party or parties and shall be upon completion of said extension . Recovery shall be defined as the entire cost of the main extension . The requesting parties shall demonstrate the ability to reimburse the City for water main construction costs prior to construction . In the case of new subdivisions or revised plattings , the applicant shall submit to the City three (3) approved prints of the area involved upon which shall be shown the lot and block numbers and the house numbers. All water mains shall be constructed accord ing to standards as established by the City and shall be located within dedicated public rights of way or acceptable recorded easements . 12-2-9: Construction of Sewers; Extension of Mains; Costs; Inspection A. When an application is received to extend the collection main in order to serve the applicant or user whose property is located within the City , the City shall make such extension at its own expense , subject to recovery of said costs and provided that the extension is to serve land properly subdivided . Recovery shall be from the requesting party or parties and shall be upon completion of said extension . Recovery shall be defined as the entire cost of the main extension . The requesting parties shall demonstrate the ability to reimburse the City for sewer main construction costs prior to construction. All sewer mains shall be constructed according to standards established by the City and shall be located within dedicated public rights-of-way or acceptable easements . In the event that the extension is to serve nonsubdivided , industrially zoned lands within the City, the City Manager or designee may require that the applicant or user extend the collection main at his own cost and expense , subject to an equitable method of recovery of costs . 12-2-4: Private Sewers, Connections and Repairs. E. Installation and Maintenance . All costs and expenses incidental to the installation and connection of the private sewer shall be borne by the applicant who shall retain or employ a licensed sewer contractor or plumber to make connection to and install a sewer. The service line from the public sewer main line to the structure to be served shall be installed by the property owner at his/her expense. Jhe owner shall hold the City harmless for any loss or damage that may directly or indirectly be occasioned by the installation of the service line or the malfunction of any old private sewer. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served . The owner shall keep the service line for which he/she is responsible in good condition and shall replace at his/her expense any portions thereof which , in the opinion of the City , have become damaged or disintegrated as to be unfit for further use , or is in such condition to permit infiltration into the system . All repairs shall be completed within thirty (30) days after notification and shall be completed by a bonded contractor . The owner shall be responsible for return ing the public right of way and the street to acceptable City standards. for any loss or damage that may directly or indirectly be occasioned by the installation of the service line or the malfunction of any old private sewer. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served . The owner shall keep the service line for which he/she is responsible in good condition and shall replace at his/her expense any portions thereof which , in the opinion of the City , have become damaged or disintegrated as to be unfit for further use , or is in such condition to permit infiltration into the system . All repairs shall be completed within thirty (30) days after notification and shall be completed by a bonded contractor. The owner shall be responsible for returning the public right of way and the street to acceptable City standards . D. Private Lift Stations. Sewage lift stations shall be prohibited except in structures where it can be clearly demonstrated to the satisfaction of the City Manager or his representative that the sewer discharge pipe cannot be located to allow gravity flow to the public sewer. Sanitary sewage discharge from such structures shall be lifted and discharged to the sewer by means of a sewage lift station that shall be located inside the building to be served , which sewage lift station shall be owned , operated and maintained by the user . Sewage lift stations may be located outside buildings only with the approval of the Water and Sewer Board after submission of compelling evidence that no alternative arrangement is or was possible. Outside building lift stations approved by the Water and Sewer Board must have bolt-down, gasketed lids, vents that extend above the building roofline, and water tight containment structures with top, rim elevations that extend at least six inches (6") above the rim elevation of the nearest toilet bowl. Furthermore, the property owner shall enter into an agreement with the City of Englewood, which agreement shall bind the owner and all future successors and assigns, whereby, should the lift station overflow, the City shall be held harmless and indemnified against all State and Federal fines, penalties and legal actions. I RE: Council Request 15 -004 Clarkson/285 Drainage Issue The southeast corner of Clarkson and 285 consis t s of two parcels 3560 and 3590 S Clarkson. There are no drainage issues with these parcels . The san itary sewer service is the issue. The existing City sanitary sewer main serving the parcels is at an elevation above the parcels requiring lift stations to get the parcels sewer services to the City main. Lift stations are allowed by Municipal Code (see attachment). Another option for sanitary sewer service would be to extend a sanitary sewer main in 285 from midblock of Clarkson/Washington east to the parcels . Pursuant to Municipal Code, the property owner is responsible for the cost and expense of the sanitary sewer extension (see attachment). Refer to attached map for the option to serve the parcels by gravity eliminating the need for lift stations. City of Englewood Utilities Deoartment S Clarkson St & 285 Leg e nd @ SewerMH --+ San Sewer Mains • -Sewer Main Extension C=:J EnglewoodParcels N A 1 inch= 75 feet "The accuracy of the data within this map is not to be taken/used as data produced by a Registered Professional Land Surveyor for the State of Colorado . This product is for informational purposes and may not have been prepared for or be suitable for legal , engineering , or surveying purposes . It does not represent an on the ground survey and represents only the approximate relative location of property boundaries ." City of Englewood Utilities Department Current as of November 2014 2012 Imagery 12-18-3: Water Mains 8 . Extension Of Distribution Mains : When it is requested in writing to extend a distribution ma in in order to serve a responsible applicant or applicants whose property is located with in the City , the City will make such extension at its own expense subject to recovery . Recovery shall be from the requesting party o r parties and shall be upon completion of said extension . Recovery shall be defined as the entire cost of the main extension . The requesting parties shall demonstrate the ability to reimburse the City for water ma in construction costs prior to construction . In the case of new subdivisions or revised plattings , the applicant shall submit to the City three (3) approved prints of the area involved upon which shall be shown the lot and block numbers and the house numbers. All water mains shall be constructed according to standards as established by the City and shall be located within dedicated public rights of way o r acceptable recorded easements . 12-2-9: Construction of Sewers; Extension of Mains; Costs; Inspection A . When an application is received to extend the collection main in order to serve the applicant or user whose property is located within the City , the City shall make such extension at its own expense , subject to recovery of said costs and provided that the extension is to serve land properly subdivided . Recovery shall be from the requesting party or parties and shall be upon completion of said extension . Recovery shall be defined as the entire cost of the main extension . The requesting parties sha ll demonstrate the ability to reimburse the City for sewer main construction costs prior to construction . All sewer mains shall be constructed according to standards established by the City and shall be located within dedicated public righ ts-of-way or acceptable easements. In the event that the extension is to serve nonsubdivided , industrially zoned lands within the City , the City Manager or designee may require that the applicant or user extend the collection main at his own cost and expense , subject to an equitable method of recovery of costs . 12-2-4: Private Sewers, Connections and Repairs. E. Installation and Maintenance . All costs and expenses incidental to the installation and connection of the private sewer shall be borne by the applicant who shall retain or employ a licensed sewer contractor or plumber to make connection to and install a sewer. The service line from the public sewer main line to the structure to be served shall be installed by the property owner at his/her expense. The owner shall hold the City harmless for any loss or damage that may directly or indirectly be occasioned by the installation of the service line or the malfunction of any old private sewer. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served. The owner shall keep the service line for which he/she is responsible in good condition and shall replace at his/her expense any portions thereof which , in the opinion of the City , have become damaged or disintegrated as to be unfit for further use , or is in such condition to permit infiltration into the system . All repairs shall be completed within thirty (30) days after notification and shall be completed by a bonded contractor . The owner shall be responsible for returning the public right of way and the street to acceptable City standards. for any loss or damage that may directly or indirectly be occasioned by the installation of the service line or the malfunction of any old private sewer. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served . The owner shall keep the service line for which he/she is responsible in good condition and shall replace at his/her expense any portions thereof which , in the opinion of the City , have become damaged or disintegrated as to be unfit for further use, or is in such condition to permit infiltration into the system . All repairs shall be completed within thirty (30) days after notification and shall be completed by a bonded contractor . The owner shall be responsible for returning the public right of way and the street to acceptable City standards . D. Private Lift Stations . Sewage lift stations shall be prohibited except in structures where it can be clearly demonstrated to the satisfaction of the City Manager or his representative that the sewer discharge pipe cannot be located to allow gravity flow to the public sewer. Sanitary sewage discharge from such structures shall be lifted and discharged to the sewer by means of a sewage lift station that shall be located inside the building to be served , which sewage lift station shall be owned , operated and maintained by the user . Sewage lift stations may be located outside buildings only with the approval of the Water and Sewer Board after submission of compelling evidence that no alternative arrangement is or was possible. Outside building lift stations approved by the Water and Sewer Board must have bolt-down, gasketed lids, vents that extend above the building roofline, and water tight containment structures with top, rim elevations that extend at least six inches (6") above the rim elevation of the nearest toilet bowl. Furthermore, the property owner shall enter into an agreement with the City of Englewood, which agreement shall bind the owner and all future successors and assigns, whereby, should the lift station overflow, the C ity shall be held harmless and indemnified against all State and Federal fines, penalties and legal actions. City of Englewood Utilities Deoartment S Clarkson St & 285 Legend @ Sewer MH San Sewer Mains Sewer Main Extension ~ EnglewoodParcels N A 1 inch = 75 feet "The accuracy of the data within this map is not to be taken/used as data produced by a Registered Professional Land Surveyor for the State of Colorado . This product is for informational purposes and may not have been prepared for or be suitable for legal , engineering , or surveying purposes . It does not represent an on the ground survey and represents only the approx imate relative location of property boundaries ." City of Englewood Utilities Department Current as of November 2014 2012 Imagery 12-18-3: Water Mains B . Extension Of Distribution Mains : When it is requested in writing to extend a distribution main in order to serve a responsible applicant or applicants whose property is located within the City , the City will make such extension at its own expense subject to recovery . Recovery shall be from the requesting party or parties and shall be upon completion of said extension . Recovery shall be defined as the entire cost of the main extension . The requesting parties shall demonstrate the ability to reimburse the City for water main construction costs prior to construction. In the case of new subdivisions or revised plattings, the applicant shall submit to the City three (3) approved prints of the area involved upon which shall be shown the lot and block numbers and the house numbers. All water mains shall be constructed according to standards as established by the City and shall be located within dedicated public rights of way or acceptable recorded easements . 12-2-9: Construction of Sewers; Extension of Mains; Costs; Inspection A. When an application is received to extend the collection main in order to serve the applicant or user whose property is located within the City, the City shall make such extension at its own expense , subject to recovery of said costs and provided that the extension is to serve land properly subdivided . Recovery shall be from the requesting party or parties and shall be upon completion of said extension . Recovery shall be defined as the entire cost of the main extension . The requesting parties shall demonstrate the ability to reimburse the City for sewer main construction costs prior to construction. All sewer mains shall be constructed according to standards established by the City and shall be located within dedicated public rights-of-way or acceptable easements. In the event that the extension is to serve nonsubdivided , industrially zoned lands within the City , the City Manager or designee may require that the applicant or user extend the collection main at his own cost and expense , subject to an equitable method of recovery of costs . 12-2-4: Private Sewers, Connections and Repairs. E. Installation and Maintenance . All costs and expenses incidental to the installation and connection of the private sewer shall be borne by the applicant who shall retain or employ a licensed sewer contractor or plumber to make connection to and install a sewer. The service line from the public sewer main line to the structure to be served shall be installed by the property owner at his/her expense. The owner shall hold the City harmless for any loss or damage that may directly or indirectly be occasioned by the installation of the service line or the malfunction of any old private sewer. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the pub lic sewer to the structure to be served . The owner shall keep the service line for which he/she is responsib le in good condition and shall replace at his/her expense any portions thereof which , in the opinion of the City , have become damaged or disintegrated as to be unfit for further use , or is in such condition to permit infiltration into the system . All repairs shall be completed within thirty (30) days after notification and shall be completed by a bonded contractor. The owner shall be responsible for returning the public right of way and the street to acceptable City standards. for any loss or damage that may directly or indirectly be occasioned by the installation of the service line or the malfunction of any old private sewer. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served . The owner shall keep the service line for which he/she is responsible in good condition and shall replace at his/her expense any portions thereof which , in the opinion of the City , have become damaged or disintegrated as to be unfit for further use , or is in such condition to permit infiltration into the system . All repairs shall be completed within thirty (30) days after notification and shall be completed by a bonded contractor . The owner shall be responsible for returning the public right of way and the street to acceptable City standards. D . Private Lift Stations . Sewage lift stations shall be prohibited except in structures where it can be clearly demonstrated to the satisfaction of the City Manager or his representative that the sewer discharge pipe cannot be located to allow gravity flow to the public sewer. Sanitary sewage discharge from such structures shall be lifted and discharged to the sewer by means of a sewage lift station that shall be located inside the building to be served, which sewage lift station shall be owned , operated and maintained by the user. Sewage lift stations may be located outside buildings only with the approval of the Water and Sewer Board after submission of compelling evidence that no alternative arrangement is or was possible. Outside building lift stations approved by the Water and Sewer Board must have bolt-down, gasketed lids, vents that extend above the building roofline, and water tight containment structures with top, rim elevations that extend at least six inches (6") above the rim elevation of the nearest toilet bowl. Furthermore, the property owner shall enter into an agreement with the City of Englewood, which agreement shall bind the owner and all future successors and assigns, whereby, should the lift station overflow, the City shall be held harmless and indemnified against all State and Federal fines , penalties and legal actions. ...... retl1i11k of water • State officials poring over plans to transform waste effluent to cover ~hortfall OBITUARY DOWNS A PIONEER IN INFANT HEARING CARE Denver audiologist Marion Downs, who in 1963 created the nation's first infant bearing screening program, bas died at age ioo. »98 COURTS MAN GUILTY OF FRAUD An Elizabeth man pleaded guilty to a fraud charge for lying about being a decorated Army sniper. »2B •Pam Headrick tests water Samples Thursday at the Denver Water Recycling Plant. The plant is treating wastewater and filtering itwith the hope to tum it into drinking water. Photos by Brent Lewis, The Denver Post David Brando walks by pipes in the pumping station of the Denver Water Recycling Plant. By Bruce Finley The Denver Post Colorado water providers facing a short- fall of 163 billion gallons are turning to a long-ignored resource: wastewater. They're calclliating that, if even the worst . sewage could be cleaned to the point it is safe to drink -filtered through super-fine membranes or constructed wetlands, treat- ed with chemicals, zapped with ultraviolet rays -then the state's dwindling aquifers and rivers could be saved Colorado officials at work on the first statewide water plan to sustain population and industrial growth recognize reuse as an option. "We need to go as far and as fast as we can on water-reuse projects," Colorado Water Co~ervation Board director James Eklund said. • But there's no statewide strategy to do this. Other drought-prone states, led by Texas, are moving ahead on wastewater conver- sion to augment drinking-water supplies. Several obstacles J"emain: huge .;osts of cleaning, legal obligations in Colorado to deliver water downstream, disposal of con- taminants purged from wastewater, and safety. Local water plans recently submitted by leaders in five of Colorado's eight river ba- sins all call for reuse, along with conserva- "tion and possibly capturing more snow- melt, to address the projected 2050 short- fall. • Front Range utilities will "push the prac- tical limit" in reusing water, according to the plan for the South Platte River Basin, which i,ncludes metro Denver. The Arkan- sas River Basin plan relies on reuse "to the maximum potential." Western Slope authorities in the Gunni- son, Yampa and Colorado river basins con- tend Front Range residents must reuse all available wastewater as a precondition be- fore state officials consider new trans- mountain projects. · The emerging Colorado Water Plan. to be unveiled Dec. 10, remains a general guide, lacking details such as how much water is available. Nor does this 358-page draft plan specify how much of Colorado's shortfall can be met by reuse. Water industry leaders urge an aggres- WATER » 4B -f 48» DENVER. THE WEST SUNDAY, NOVEMBER 23, 2014 • DENVERPOST.COM • THE DENVER POST Suspect in Jeff co abdllction arrested The former boyfriend of the victim, later found safe, allegedly rammed her car. By Kirk Mitchell The Denver Post Denver police have arrested a man sought in the early Saturday abduction of his former girl- friend after he allegedly rammed her car with his van in Jefferson · County. The woman was eventually found safe nearby. • David Sikora, 28, was arrested about 9:45 a.m. Saturday at a house in the 300 block of South Alcott Street in southwest Den- ver for investigation of kidnap- ping his ex-girlfriend, Megan Vandellen, 26. Vand~llen was found a few hours later in the same neighbor- hood in which Sikora was arrest- ed, the Jefferson County Sher- iff's Department reported. "(Sikora) was outside a house that the van was registered to," said Mark Technieyer, spokes- man for the Jefferson County Sheriff's Department. . The.investigation began when a man who was a passenger in Vandellen's car called 911 at about 5 a.m. Saturday describing the incident. "We fully believe we have a do- . mestic violence-related abduc- tion," Techmeyer said. The witness told authorities that he was riding as a passenger in Vandellen's car on Colorado 93 when a white, cargo-type van began chasing them. The car came to a stop after the suspect; described by the witness as the victim's ex-boy- friend, rammed the car with his van. After the collision, the passen- ger jumped out of the car and rah away. "The man was scared and took off running,'' Techmeyer said. The name of the witness has not been released. When he returned to the car later, Vandellen and the van were gone, Techmeyer said. The abduction happened · oq Colorado 93 near Matthew Win- ters Park. The witness said he does not know Vandellen well. ''What we're trying to do is fig- ure out why he was with the woman on Highway 93 at 5 a.m.," Techmeyer said. The witness was interviewed at Jefferson County Sheriff's De- partment headquarters in Golden. Kirk Mitchell: 303-954-1206, kmitchell@denverpost.com or twitter.com/kirkmitchell, denverpost.com/coldcases Agent charged with mischief By The Denver Post Douglas County sheriff's dep- uties on Friday arrested a U.S. Drug Enforcement Agency agent on charges of domestic violence and criminal mischief. Special agent Stephen Conor, 47, is in the county detenti'on center through the weekend, a sheriff's spokesman said, and is expected to appear before a judge Monday. Conor allegedly slashed a car tire, the Douglas County Sher- iff's Office said. The sheriff's office would not release the nature of Conor's relationship with the alleged victim or say who owns the car. Conor ~as arrested at work Friday afternoon without inci- dent. WATER {(FROM lB sive approach. Colorado officials should determine how much wa- ter legally can be reused and ana- lyze how this could boost sup- plies, WateReuse Association di- . rector Melissa Meeker said in a letter to the CWCB. Colorado's strategy "should be crafted to en- courage innovation and creativi- ty· in planning reuse projects." Cleaning up wastewater to the point it can be reused as drinking water long has been technically feasible. Water already is recy- cled widely in the sense that cit- ies discharge effluent into rivers that becomes the water supply for downriver communities. Cleaning system~ In 1968, utility operators in Windhoek, Namibia, a desert na- tion in Africa, began cleaning wastewater and pumping it into a drinking-water system serving 250,000 people. Denver Water engineers in the 1980s pioneered a multiple-filter cleaning system at a federa}.ly funded demonstration plant. From 1985 to 1991, Denver Water used wastewater to produce 1 million gallons a day of drinking water, which proved to be as clean as drinking water delivered today. Delegations of engineers from Europe and the Soviet Union vis- ited. "There was a sense we were ahead,'' said Myron Nealey, a Denver Water engineer who worked on the project. But utility leaders scrapped it, partly out of fear that customers would object to drinking water that a few hours earlier might have been flushed from a toilet. They also were struggling to dis- pose of thousands ·of gallons a day of purged contaminants -a super-concentrated salty mix that must be injected into deep wells or buried in landfills. So Denver Water has focused instead on recycling wastewater solely for irrigation, power-plant cooling towers and other nonpo- table use. An expanding citywide network of separate pipelines I distributes this treated wastewa- ter -30 million gallons a day. "Reuse is definitely a way to maximize the use of the water we have," said Jim Lochhead, manag- er of Denver Water and former riaturalresourcesdirectorforthe state. "We're in the exploration stage of trying to analyze what are the options for various types of re- use," Lochhead said. "What's the most effective? What's the least costly? What's the most secure?" Meanwhile, drotlght ana popu- lation growth in" Texas. have spurred construction of water- cleaning plants at Wichita Falls and Big Spring. Engineers have in- stalled water-quality monitoring and testing systems sensitive enough to track the widening ar- ray of patl!ogens, suspended parti- cles and hard-to-remove speciali- ty chemicals found in wastewater. A Texas state water plan calls for increasing reuse of wastewa- ter eightfold by 2060. The New Mexico town of Cloudcroft is shifting to reuse as a solution to water scarcity. And California cities hurt by and vulnerable to drought, including San Diego, are considering wastewater conver- sion for drinking water. Costs can be huge, depending on the level of treatment. Water industry leaders estimate fully converted wastewater costs at least $10,000 per acre-foot (325,851 gallons) .. By comparison, increased con- servation, or using less water, is seen as the cheapest path to mak- ing IllOre water available to pre- vent shortages. The most costly solution is building new dams, . reservoirs and pipelines that si- phon more water from rivers. Colorado also faces legal con- straints. The first-come-first- serve system of allocating water rights obligates residents who rely· on diverted water from riv- ers to return that water, partially cleaned, to the rivers to satisfy rights of downriver residents and farmers. However, much of the Colora- do River Basin water diverted through transmountain pipelines has been deemed available for re- use. Western Resource Advo- cates experts estimate more than f8o,ooo acre-feet may be avail- -f * able. In. addition, water pumped from underground aquifers - the savings account that south Denver suburbs have been tap- ping for decades -is available for reuse. Indirect reuse While nobody in Colorado has embarked on direct reuse of treated wastewater, Aurora and other cities have begun a form of indirect reuse that involves filter- ing partially treated wastewater through river banks. This water then is treated again at Aurora's state-of-the-art plant. Cleaned wastewater then is blended with water from rivers to augment municipal supplies. The most delicate challenge has been dealing with safety _..! making sure engineered water- cleaning systems are good enough to replace nature's slow.! but-sure settling and filtration. While industry marketers fo- cus on semantics to try to make people feel more comfortable - rejecting phrases such as "toilet to tap" to describe reuse -engi.! neers are honing the systems. They envision early-detection and shut-off mechanisms that quickly could stop contami- nants left in water from reach-. ing people. They aim·for filtr~.: tion and other advanced treat- ment sufficient to remove the multiplying new contaminant~ found in urban wastewater.' Cleaning water increasingly en-: tails removal of .plastic beads used in personal-care products; mutating viruses; resistent bac- teria; synthetic chemicals su as herbicides; ibuprofen; birth control; antidepressants; an:d caffeine. "That's the whole job of treat- ment and monitoring, to remove1 pathogens and other contami- nants to where it is safe to drink," said John Rehring of Carollo En-, gineers, a Denver-based expert on water reuse .• "Ws not a question of 'Can we do it?' We can do it," he said. ''.And because of growing affordability and public acceptance, we're starting to see it implemented." Bruce Finley: 303-954-1700, bfinley@denverpost.com or twitter.com/finleybruce ..... ret of water • State officials poring over plans to transfor.m waste effluent to cover shortfall OBITUARY DOWNS A PIONEER IN l~FANT HEARING CARE Denver audiologist Marion Downs, who in 1963 created the nation's first infant hearing screening program, has died at age lOO. »98 COURTS MAN GUILTY OF FRAUD An Elizabeth man pleaded guilty to a fraud charge for lying about being a decorated Army sniper. »2B .&Pam Headrick tests water Samples Thursday at the Denver Water Recycling Plant. The plant is treating wastewater and filtering itwiththe hope to turn it into drinking water. Photos by Brent Lewis, The Denver Post . . . David Brando walks by pipes in the pumping station of the Denver Water Recycling Plant. By Bruce.Finley The Denver Post Colorado water providers facing a short- fall of 163 billion gallons are turning to a long-ignored resource: wastewater. They're calculating that, if even the worst . sewage could be cleaned to the point it is safe to drink -filtered through super-fine membranes or constructed wetlands, treat- ed with chemicals, zapped with ultraviolet rays -then the state's dwindling aquifers and rivers could be saved. Colorado officials at work on the first statewide water plan to sustain population and industrial growth recognize reuse as an option. "We need to go as far and as fast as we can on water-reuse projects," Colorado Water Conservation Board director James Eklund said. But there's no statewide strategy to do this. Other drought-prone states, led by Texas, are moving ahead on wastewater conver- sion to augment drinking-water supplies. Several obstacles remain: huge c;osts of cleaning, legal obligations in Colorado to deliver water downstream, disposal of con- taminants purged from wastewater, and safety. Local water plans recently submitted by leaders in five of Colorado's eight river ba- sins all call for reuse, along with conserva- "tion and possibly capturing more snow- melt, to address the projected 2050 short- fall. • Front Range utilities will "push the prac- tical limit" in reusing water, according to the plan for the South Platte River Basin, which includes metro Denver. The Arkan- sas River Basin plan relies on reuse "to the maximum potential." Western Slope authorities in the Gunni- son, Yampa and Colorado river basins con- tend Front Range residents must reuse all available wastewater as a precondition be- fore state officials consider new trans- mountain projects. · The emerging Colorado Water Plan, to be unveiled Dec. 10, remains a general guide, lacking details such as how much water is available. Nor does this 358-page draft plan specify how much of Colorado's shortfall can be met by reuse. Water industry leaders urge an aggres- WATER » 48 .... -f 48» DENVER & THE WEST SUNDAY, NOVEMBER 23, 2014 • DENVERPOST.COM • THE DENVER POST Suspect in jJeifco abductioll arrested The former boyfriend of the victim, later found safe, allegedly rammed her car. By Kirk Mitchell The Denver Post Denver police have arrested .a man sought in the early Saturday abduction of his former girl- friend after he allegedly rammed her car with his van in Jefferson · County. The woman was eventually found safe nearby. • David Sikora, 28, was arrested about 9:45 a.m. Saturday at a house in the 300 block of South Alcott Street in southwest Den- ver for investigation of kidnap- ping his ex-girlfriend, Megan Vandellen, 26. Vand~llen was found a few hours later in the same neighbor- hood in which Sikora was arrest- ed, the Jefferson County Sher- iff's Department reported. "(Sikora) was outside a house that the van was registered to," said Mark Technieyer, spokes- man for the Jefferson County Sheriff's Department. . The.investigation began when a man who was a passenger in Vandellen's car called 911 at about 5 a.m. Saturday describing the incident. "We fully believe we ruive a do- . mestic violence-related abduc- tion." Techmeyer said: The witness told authorities that he was riding as a passenger in Vandellen's car on Colorado 93 when a white, cargo-type van began chasing them. The car came to a stop after the suspect; described by the witness as the victim's ex-boy- friend, rammed the car with his van. After the collision, the passen- ger jumped out of the car and rah away. "The man was scared and took off running," Techmeyer said. The name of the witness has not been released. When he returned to the car later, Vandellen and the van were gone, Techmeyer said. The abduction happened· oq Colorado 93 near Matthew Win- ters Park. The witness said he does not know Vandellen well. "What we're trying to do is fig- ure out why he was with the woman on Highway 93 at 5 a.m.," Techmeyer said. The witness was interviewed at Jefferson County Sheriff's De- partment headquarters in Golden. Kirk Mitchell: 303-954-1206, kmitchell@denverpost.com or twitter.com/kirkmitchell, denverpost.com/coldcases Agent charged with mischief By The Denver Post Douglas County sheriff's dep- uties on Friday arrested a U.S. Drug Enforcement Agency agent on charges of domestic violence and criminal mischief. Special agent Stephen Conor, 47, is in the county detention center through the weekend, a sheriff's spokesman said, and is expected to appear before a judge Monday. Conor allegedly slashed a car tire, the Douglas County Sher- iff's Office said. The sheriff's office would not release the nature of Conor's relationship with the alleged victim or say who owns the car. Conor \\!as arrested at work Friday afternoon without inci- dent. WATER ((FROM lB sive approach. Colorado officials should determine how much wa- ter legally can be reused and ana- lyze how this could boost sup- plies, WateReuse Association di- . rector Melissa Meeker said in a letter to the CWCB. Colorado's strategy "should be crafted to en- courage innovation and creativi- ty· in planning reuse projects." Cleaning up wastewater to the point it can be reused as drinking water long has been technically feasible. Water already is recy- cled widely in the sense that cit- ies discharge effluent into rivers that becomes the water supply for downriver communities. Cleaning systems In 1968, utility operators in Wmdhoek, Namibia, a desert na- tion in Africa, began cleaning wastewater and pumping it into a drinking-water system serving 250,000 people. Denver Water engineers in the 1980s pioneered a multiple-filter cleaning system at a federaJly funded demonstration plant. From 1985 to 1991, Denver Water used wastewater to produce i million gallons a day of drinking water, which proved to be as clean as drinking water delivered today. Delegations of engineers from Europe and the Soviet Union vis- ited. "There was a sense we were ahead," said Myron Nealey, a Denver Water engineer who worked on the project. But utility leaders scrapped it, partly out of fear that customers would object to drinking water that a few hours earlier might have been flushed from a toilet. They also were struggling to dis- pose of thousands of gallons a day of purged contaminants -a super-concentrated salty mix that must be injected into deep wells or buried in landfills. So Denver Water has focused instead on recycling wastewater solely for irrigation. power-plant cooling towers and other nonpo- table use. An expanding citywide network of separate pipelines • distributes this treated wastewa- ter -30 million gallons a day. "R.euse is definitely a way to maximize the use of the water we have," said Jim Lochhead, manag- er of Denver Water and former natural resources director for the state. "We're in the exploration stage of trying to analyze what are the options for various types of re- use," Lochhead said. ''What's the most effective? What's the least costly? What's the most secure?" Meanwhile, drotlght ana popu- lation growth in Texas. have spurred construction of water- cleaning plants at Wichita Falls and Big Spring. Engineers have in- stalled water-quality monitoring and testing systems sensitive enough to track the widehing ar- ray of pathogens, suspended parti- cles and hard-to-remove speciali- ty chemicals found in wastewater. A Texas state water plan calls for increasing reuse of wastewa- ter eightfold by 2060. The New Mexico town of Cloudcroft is shifting to reuse as a solution to water scarcity. And California cities hurt by and vulnerable to drought, including San Diego, are considering wastewater conver- sion for drinking water. Costs can be huge, depending on the level of treatment. Water industry leaders estimate fully converted wastewater costs at least $10,000 per acre-foot (325,S51 gallons) •. By comparison, increased con- servation, or using less water, is seen as the cheapest path to mak- ing IllOre water available to pre- vent shortages. The most costly solution is building new dams, . reservoirs and pipelines that si- phon more water from rivers. Colorado also faces legal con- straints. The first-come-first- serve system of allocating water rights obligates residents who rely·on diverted water from riv- ers to return that water, partially cleaned, to the rivers to satisfy rights of downriver residents and farmers. However, much of the Colora- do River Basin water diverted through transmountain pipelines has been deemed available for re- use. Western Resource Advo- cates experts estimate more than ~80,000 acre-feet may be avail- -f * able. In. addition, water pumped from underground aquifers - the savings account that south Denver suburbs have been tap-' ping for decades -is available for reuse. Indirect reuse While nobody in Colorado has embarked on direct reuse of treated wastewater, Aurora and other cities have begun a form of indirect reuse that involves filter- ing partially treated wastewater through river banks. This water then is treated again at Aurora's state-of-the-art plant. Cleaned wastewater then is blended with water from rivers to augment municipal supplies. The most delicate challenge has been dealing with sa{ety ....... making sure engineered water- cleaning systems are good enough to replace nature's slowJ but-sure settling and filtration. While industry marketers fo- cus on semantics to try to make' people feel more comfortable - rejecting phrases such as "toilet to tap" to describe reuse -engiJ neers are honing the systems. : They envision early-detection and shut-off mechanisms that quickly could stop contami- nants left in water from reach- ing people. They aim·for filtr~.:· tion and othe~ advanced treat- ment sufficient to remove the. multiplying new contaminant$' found in urban wastewater.1 Cleaning water increasingly en~ tails removal of .plastic beads used in personal-care products: mutating viruses; resistent bac- teria; synthetic chemicals such' as herbicides; ibuprofen; birth'. control; antidepressants; and caffeine. "That's the whole job of treat- ment and monitoring, to remove1 pathogens and other contami-· nants to where it is safe to drink," said John Rehring of Carollo En- 1 gineers, a Denyer-based expert on water reuse .• "It's not a question of 'Can we do it?' We can do it," he said. '~d because of growing affordability and public acceptance, we're starting to see it implemented." Bruce Finley: 303-954-1700, bfinley@denverpost.com or twitter.com/finleybruce Sunda}," NOVEMBER 9, 2014 • DENVERPOST.COM • THE DENVER POST * SECTION B ,_ ~-'"w."' - ELECTION 2014: GOP state Senate win affirmed. ,,zB OBITUA v: Arts patron Celeste Fleming dies 86. »ios einthesand State board drawing up a plan to increase supplies in increasingly parched region COMMISSIONED WORK BY RENOWNED GLASS ARTIST Sydney Lockley. n. of La Crosse. Wis •• poses for a selfie with glass artist Dale Chihuly after he autographs a book at the Denver Botanic Gardens on Saturday. "Colorado:• a work by Chihuly, has been purchased by the gardens. Kathryn Scott Osler, The Den11er Post I?iece ef himselfie A rendering shows Dale Chihuly's "Colorado" in the Ellipse rose garden. Denver Botanic Gardens buys a Dale Chihuly work •. By Ray Mark Rinaldi Denver Post Fine Arts Critic The Denver Botanic Gardens an- nounced Saturday that it will pur- chase a large sculpture from Dale Chihuly, the renowned glass artist whose work has drawn record crowds through its gates this summer. The gardens' "Chihuly" exhibit, which features scores of colorful, curling shards sprinkled throughout the grounds, already has pushed at- tendance to 1.1 million for the year. The previous high mark was 879,000, for all of 2013. The purchased piece is not part of the current show, which runs through Nov. 30. Instead, Chihuly will make a new sculpture. customized for a spot in the center of a pond in the recently opened Ellipse rose garden, on the south side. The sculpture will consist of 750 pointy red, orange and yellow rods that will shoot off a central axis. The work will look like it is floating above the water. Chihuly, who was in Denver as the CHIHULY »SB By Bruce Finley The Denver Post Colorado is looking for 163 bil- lion gallons of water, and a long- awaited state plan for finding it calls for increased conservation, reusing treated wastewater and diverting more water from the Western Slope. The plan, ordered by Gov. John Hickenlooper to deal with a mas- sive projected water shortfall, is about to be unveiled. Rising de- mand from population growth and industry, if continued through 2050, threatens to leave 2.5 million people parched. But water suppliers east and west of the Continental Divide are clashing over details that the draft plan does not specify. Those on the water-poor east side, where Colorado's 5.3 million population is concentrated, prior- itize diverting more western wa- ter under the mountains to sus- tain Front Range growth. Those on the west side oppose new di- versions -and want this reflect- ed in the plan. "The state plan is silent on the is- sues the W.est Slope has raised," said Colorado River District man- ager Eric Kuhn, a longtime advo- cate for western communities. ''What good is a plan that does not build a consensus on the most diffi- cult issues? What good is a plan if it does not encourage discussion and resolution of the most difficult is- sues?" The core problem, Kuhn said, is that "all the water within So miles of the Continental Divide is al- ready spoken for." If there's nothing more to divert, .said Eric Wilkinson, manager of the Northern Colorado Water Conservancy District, one of the major Front Range suppliers, then irrigated agriculture will suffer. Considering the importance of agriculture and food production, surely there's more water to be found, Wtlkinson said-water that could be removed from the Colora- do River Basin before it flows to California, Nevada and Arizona "It is smart to use the available resources that we have," Wtlkinson said. "If you don't pursue all the al- ternatives, whatever you don't pro- cure from conservation ... is going to come out of agriculture dry-up." For 18 months, state planners have been trying to meld visions from eight river basins into the state plan. WATER»6B 68» DENVER. THE WEST SUNDAY, NOVEMBER 9, 2014 • DENVERPOST.COM • THE DENVER POST Parker's Ruetel'-Hess Reservoir, shown in April, is poised to play a crucial role in pro- viding water to one of the fastest-growing metro areas in the U.S. Hyoung Chang, The Post WATER ((FROM 1B The draft plan that the Colorado Water Conserva- t ion Board is expected to un- veil by Dec.10 does not spec- ify where Western Slope wa- ter would be found. Instead, it focuses on building con- sensus among people in dif- ferent river basins and off- setting environmental harm. "There's going to have to be some quantum of water that comes from other ba- sins," said CWCB director James Eklund. "Our history has been clashing over the Divide. The reality is the Western Slope is seeing available water in wet years for the Front Range to bring over. They are OK with that as long as there is mitigation or compensatory storage. "To say there's no prob- lem over water would be pretty myopic: But I defi-· nitely think this plan boiled down is about collaboration and balance. Most people I talk with, even in the· in- tense water community, view themselves as Colora- dans first and members of river ba!:im: !:Prnnti n Lochhead views Colora- do's projected shbrtfall in the context of climate- change impact on water around the West and legal obligations to deliver water to other states. An interstate agreement splits 15 million acre-feet of water presumed to be in the Colorado River between upper basin and lower basin states of Arizo- na, California and Nevada. "Our ability to develop additional water projects from the Colorado River is dependent on the security of that supply," he said. "The problem is that we have an obligation to deliv- er to the lower basin a cer- tain amount of water. So we get leftovers. And with cli- mate change, the upper ba- sin has to bear the hydro- logical risk of what is left over. We neec,i a way to quantify that and work with the lower basin to provide security on how we are go- ing to be sure we have that amount of watei: before we can move forward with any kind of big new project." State officials held public hearings as required by lawmakers on the draft plan. They say they will hold more before finalizing the plan by December 2015. "Our need to do this is now. We've seen sustained and systemic drought and record flooding," Eklund said. "We need to make sure we are as agile and forward-thinking as a state as we can be.'' Bruce Finley: 303-954-1700 or bfinley@denverpost.com Every oth~r state in the water-scarce West has pro- duced a state water plan. Colorado also stands out because it is the starting point for rivers, which carry i6 million acre-feet of water a year -two-thirds of it designated under court-en- forced agreements to leave the state. (An acre-foot of water is ·generally believed to be enough for two faini- lies of four for a year.) When Hickenlooper or- dered creation of the state plan to deal with the pro- jected shortfall, he cal~ed further dry-up of irrigated farmland unacceptable. State water planners proj- ect a shortfall by 2050 of i63 billion gallons (about 500,000 acre-feet), which is enough to fill two Dillon Reservoirs, or double the amount used by the i.3 mil- lion ·residents served by Denver Water. State planners also esti- mate that, if population growth and industrial devel- opment contixi.ue at today's pace, the South Platte River Basin that contains metro Denver will lose up to 424,000 acres of irrigated farmlanq -40 percent of the s;urrent agricultural base. Colorado's challenge has been dealing with a d\fficult imbalance: 80 percent of water resources are concen- trated on the west side of the Continental Divide where fewer than 20 percent of the people reside. Front Range water suppliers have relied on massive engineer- ing projects using 24 pl.pe- lines and ditches that move 500,000 acre-feet of water a year -the size of the whole projected shortfall -west to east under the mountains. Whether to try to divert more water looms as the ost difficult issue. Denver Water has been working to move additional Water it owns in the upper Colorado River Basin to an expanded reservoir west of Boulder. Beyond that proj- ect, utility officials "are not in the near futtire looking at any new trans-mountain di- version projects," said Den- ver Water manager Jim Lochhead, who previously served as director of natural resources for the state. BANKRUPTCY FULL SERVICE CHAPTER 7 FLAT ATTORNEY FEE .. 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