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Home My WebLink About2009-11-10 WSB AGENDAWATER & SEWER BOARD AGENDA Tuesday, November 10, 2009 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM ENGLEWOOD CITY HALL 1. MINUTES OF THE OCTOBER 13 , 2009 MEETING. (ATT. 1) 2. GUEST: CHARLIE BLOSTEN -CITY OF LITTLETON CITY MANAGER. RE : BIKE PATH ALONG CITY DITCH FROM LEE GULCH TO BELLEVIEW. (ATT. 2) 3. GUEST: PETERHOOGANDYKE -4841 S. PENNSYLVANIA RE : CHARGES NOT COVERED DURING SEWER BACK-UP . (ATT. 3) 4. BID FOR PAINTING THE SHERMAN TANK. (ATT . 4) 5. COUNTRY HOMES METRO DISTRICT WASTEWATER CONNECTOR'S AGREEMENT . (ATT. 5) 6. WATER RIGHTS UPDATE FROM DAVID HILL DATED 10-9-09 . (ATT . 6) 7. ARTICLE FROM OCTOBER 23, 2009 ENGLEWOOD HERALD, "CITY LEASES A PARCEL OF DOUGLAS COUNTY PROPERTY. (ATT. 7) 8. REBATES FOR WATER/ENERGY SAVING APPLIANCES. (ATT. 8) 9. OTHER WATER AND SEWER BOARD MINUTES October 13, 2009 A TT. The meeting was called to order at 5 :07 p.m. Members present: Members absent: Also present: Bums, Moore, Cassidy, Wiggins, Woodward, Oakley, Clark, Higday, Habenicht None Stewart Fonda, Director of Utilities Dennis Stowe, Manager of the Bi-City Wastewater Treatment Plant 1. MINUTES OF THE SEPTEMBER 8, 2009 MEETING. The Englewood Water and Sewer Board received a copy of the minutes of the September 8, 2009 meeting and approved the minutes of that meeting, as amended. Mr. Bums moved; Mr. Wiggins seconded: Ayes: Nays: Members absent: Motion carried. To approve the September 8, 2009 Water and Sewer Board minutes, as amended. Bums, Clark, Moore, Cassidy, Wiggins, Woodward, Oakley, Higday, Habenicht None None 2. CHERRY HILLS HEIGHTS WATER & SANITATION DISTRICT WASTEWATER STANDARD CONNECTOR'S AGREEMENT. The Cherry Hills Heights Water and Sanitation District submitted a Wastewater Connector's Agreement for the district to utilize the facilities, owned by the City of Englewood, for treatment of sewage from a designated outside district. In the Cherry Hills Heights Water and Sanitation District there are 23 taps encompassing approximately 42 acres . Cherry Hills Heights Water and Sanitation District will continue to own the lines and will be responsible for capital improvements . Mr. Habenicht moved; Mr. Higday seconded : Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the Cherry Hills Heights Water and Sanitation District Wastewater Standard Connector's Agreement. Bums, Clark, Moore, Cassidy, Wiggins, Woodward, Oakley, Higday, Habenicht None None 3 . TEMPORARY LICENSE AGREEMENT FOR REMOVAL OF AT&T ANTENNA. The Board received a copy of the Temporary License Agreement for placing their wireless communication antennas at a temporary location adjacent to the Sherman Water Tank during the painting of the tank . The License is effective from November 1, 2009 to June 1, 2010. AT&T will clear all construction debris and restore the area of the temporary site within seven days from date of completion. All work will be performed by AT&T at no expense to the City. Mr. Burns moved; Mr. Habenicht seconded: To recommend approval of the Temporary License Agreement for removal of the Ayes: Nays: Members absent: Motion carried. AT&T antenna during the painting of Englewood's Sherman Water Tank. Bums, Clark, Moore, Cassidy, Wiggins, Woodward, Oakley, Hidey, Habenicht None None 4. REQUEST FOR ADVERTISING ON SHERMAN TANK BY GROOVE AUTOMOTNE. Groove Automotive sent a letter to the Board requesting permission to place advertising on Englewood's Sherman Water Tank . Their request was presented to the Englewood Water and Sewer Board and after careful consideration, the Englewood Water Board decided to deny Groove Toyota's request. It was decided that the tank, as part of the Englewood public water system, would not be an appropriate display for advertising. The Board also wants to establish a policy to deny future requests to place advertising on Englewood water tanks . Mr. Higday moved; Mr. Bums seconded : Ayes: Nays: Members absent: Motion carried. To deny Groove Automotive's request to place a logo on Englewood's Sherman Water Tank and to establish a policy denying future requests to place advertising on Englewood water tanks. Bums, Clark, Moore, Cassidy, Wiggins, Woodward, Oakley, Higday, Habenicht None None 5. WATER RIGHTS UPDATE DATED SEPTEMBER 4 , 2009 FROM DA YID HILL. The Board receiv ed from David Hill, Englewood's Water Attorney, a water rights update dated September 4 , 2009. Stu discussed developments in water litigation cases in which Englewood is involved. 6. BIKE PATH ALONG CITY DITCH RIGHT-OF-WAY ALONG LEE GULCH. Stu notified the Board that Charlie Bloston, Littleton City Manager, will be appearing at the next Englewood Water and Sewer Board meeting to discuss a proposed bike path along the City Ditch right-of-way from Lee Gulch to South Belleview. The City of Littleton is coordinating the project with South Suburban Parks and Recreation. 7. TOUR OF THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT. Dennis Stowe and Jim Tallent were present to conduct a tour for the Water Board of the Littleton/Englewood Wastewater Treatment Plant. The meeting adjourned at 5:34 p.m. The ne~t Englewood Water and Sewer Board will be held Tuesday, November 10, 2009 at 5:00 p .m. in the Community Development Conference Room at City Hall . Respectfully submitted, Cathy Burrage Recording Secretary A IT'" 2 City Ditch Trail Opportunities Investigation Robert Seams October 22, 2009 City Ditch is both a significant historic site and a unique corridor offering trail recreation, bicycle and pedestrian, and fitness opportunities . With its central location and proximity to both residential and commercial districts ,· City Ditch can be a very substantial community asset to residents of Littleton and Englewood as well as other citizens in the south suburban area. At a recent South Suburban Park Foundation Board meeting there was significant support for pursuing the City Ditch Trail as a Foundation/Community Partnership project. In the spirit of the recently completed Big Dry Creek Trail , this project offers great potential on a number of levels- • It will provide trail access to both a scenic and historic corridor rich in interpretive value. • It will provide a close-in multi-use recreational opportunity running through the core of Littleton linking both downtown and residential area destinations . • It will connect to several parks including Cornerstone Regional Park, Belleview Park as well as to the Buck Recreation Center, Arapahoe Community College , Littleton Cemetery, the RTD Light Rail , Main Street, the Courthouse Building, the County Administration Building and other important community destinations . • It will link with several regional trails including: directly to the Lee Gulch Trail , the Big Dry Creek Trail , the Little's Creek Trail and the Slaughter House Gulch Trail. It will also connect directly to the Mary Carter Greenway via the Lee Gulch and Big Dry trials forming a new close-in trail loop. • It will help promote both businesses in the downtown such as restaurants as well as enhance community development as a distinct amenity. For this and many other reasons , City Ditch offers opportunities as an infrastructure investment for Littleton, Englewood and the larger community . The City Ditch corridor, properly planned and presented, would be a very strong contender for grant funding by GOCO and Arapahoe County Open Space . Given these considerations , the next steps have been recommended : 1. Initiate a Master Plan for City Ditch that addresses the trail alignment, cross-sections and the specific infrastructure required (such as bridges and other structures) as well as corridor landscape treatment. This plan should include a public process to gamer community and agencies input as well as recommend cost estimates and phasing . 2. The Master Plan should be completed, ideally by this spring, in order to apply for County funding early next year. The project may also have Historic Preservation funding potential- though this would take some investigation. 3. Identify pilot project (s) and funding to initiate the planning process and potential seed/match money to design and construct improvements. Cathy Burrage From: Sent: To: Subject: Attachments: Cathy Let me know if this is ok. Charles Blosten [cblosten@littletongov.org] Thursday, October 22, 2009 4:06 PM Cathy Burrage City Ditch Trail City Ditch Trail Opportunities.doc We will have 3 people present at the Sewer & Water Board meeting: Charlie Blosten, Bob Seams & Bev Bradshaw (I think she plans to attend). Charlie Blosten , Director Public Services Department City of Littleton 303-795-3863 Wednespay, October 21, 2009 Englewood Water and Sewer Board Englewood Civic Center 1000 Englewood Parkway Englewood, Colorado To the Board, A11, 3 There was a sewer backup at 4841 South Pennsylvania Street caused by a blockage in the alley outside of the property. The City of Englewood told the homeowner, Harriet-Jane Hoogendyk, they would pay for the repair and cleanup . Englewood had Palace Construction come on site to repair and cleanup, as their contractor. The charges went beyond what Englewood wanted to pay for, and now Palace Construction is suing the property owner for the difference. The homeowner was hurt/damaged by the transaction. I would like the Board to reconsider the limits, and pay for the additional moneys their contractor has charged . There is backup documentation attached. Regards, Peter Hoogendyk (cell 303-915-6151, office 720-528-3623) For Harriet-Jane Hoogendyk 4841 South Pennsylvania Street Englewood, Colorado MEM ORANDUM From: John Bock, Utilities Manager of Administration~~ To: Stu Fonda, Director of Utilities Date: November 5, 2009 Subject: Peter Hoogendyk, 4841 S. Pennsylvania St. Until early 2008 the Utilities Department had used NorthStar Fire and Water Restoration for sanitary sewer remediation services. At that time, NorthStar went out of business and was absorbed by Palace Construction Company. In the interim a remediation company was needed to respond to any sewer backups we might have. Because of our prior experience with the former NorthStar employees now working for Palace, we entered into a letter of understanding (copy included) with Palace to provide remediation services until a permanent vendor was selected. In the meantime, the Utilities Department solicited requests for proposals for remediation services and conducted on-site interviews. Beflor Property Restoration was selected as our permanent vendor. During the interim period a sewer backup occurred at 4841 S. Pennsylvania St. Palace Construction was contacted to perform remediation services. An invoice was received from Palace for services that were cover~d under the letter of understanding, and was paid in full. Later another invoice was received that included some services that had been authorized, but also many that had not. The authorized services were paid for, but the Utilities Department, to date, has refused payment of the unauthorized services. Palace has now initiated legal action against the homeowner to collect the unpaid charges. In this case, the Utilities Department has these options as to how to proceed: 1. We may continue to deny payment and let Palace take Mrs. Hoogendyk to small claims court. 2. We may pay the additional charges on Mrs. Hoogendyks's behalf. 3. We may enter into litigation on Mrs. Hoogendyk's behalf. ljP agc Palace C~nstruction Co., Inc. vs Harriet Hogendyke (sic) 0951061 Tuesday, October 13, 2009 On 8/20/08 the sewer backed up at 4841 South Pennsylvania Street, Englewood, CO 80113. Sewage came back up through the basement toilet leaving a mound of solid sewage piled up higher than the toilet bowl rim and flooding the basement with raw sewage. Garvin's was called to come out and open the blockage with their rote-rooter. They entered the outside drain through a stand pipe which was added when the sewer lines were redone in the back yard a few years ago. Garvin determined the blockage was in the alley because the blockage did not release until they were quite a distance into the city sewer line in the alley. The Garvin technician opened a drain manhole cover in the alley and saw standing water from the blockage. He noted on the bill, that the blockage was in the alley. The City of Englewood was called and they sent out a representative, Chris Puskas, who conferred with his supervisor, John Bock. They determined the city would cover the cost of repairs. Chris told me he had to have their contractor, under contract with the city, do the work. Chris called in Palace Construction to do the cleanup work. Palace showed up within a short period of time and started to vacuum up the standing sewage. They set up dehumidifiers, fans, and all of the equipment necessary to mitigate the backup. The crew cleaning up determined the inside floor drain was still blocked and again Garvin was called to come and clean out the line from the basement to the back yard. Both Garvin bills were paid by the homeowner when the work was done. Palace Construction continued with the cleanup work over a period of weeks. They moved all of the boxes, furniture, contents of multiple china cabinets, books and book shelves out to the PODS box which had been delivered. They cleaned and sanitized everything going into the PODS. It was determined the sewage had leeched up into the bookcases through the carpet and the bookcases were too contaminated to save. They were disposed of and never replaced. The books remain in boxes. The carpet and pad in the basement library was removed. There was no floor covering in any other part of the basement. The baseboards were removed. After the basement was dehumidified and sanitized, the base of the walls were sealed to prevent any odor or contamination. The carpet and baseboards were replaced, the china cabinets were returned, and the contents were unpacked and returned to their proper places. All of the other content of the PODS was returned to the basement. The first indication there was trouble with the bill was 10 months after the work was started and approximately 9 months after it was finished. A bill was received with 2jPa gc nothing i!emized,just a dollar amount of$6,2 14.85. The only comment on the bill was "Homeowner portion of sewer repairs". Nothing was itemized. This was a total shock because everyone had been told the city was taking care of the bill, and Palace Construction operated under that premise as well. There was never any other bill or follow-up mail until the court summons was delivered to the door. The homeowner had no choice in construction companies, no estimate of costs, no alternative but to use the City of Englewood's contractor, since the city was to pay and wanted to control costs under their contract with Palace Construction. All work was done according to the recommendations of Palace Construction assuming they were working for the City of Englewood as their representative. There was no further contact with the City of Englewood after the initial day of the backup . I attempted to open a claim with State Farm through the Adam Hancock agency in Elizabeth, CO, about 10 days ago . They denied the claim, because the cause of the damage originated outside of the property lines . Attachments: c T y 0 F ENGLEWOOD June 24, 2008 l\1r.JonWaggner, \TP Palace Construction Company 7 S. Galapago St. Denver, CO 80223 Palace Const;uction Co., Inc. Re: Pre-authorized Service for the City of Englewood's Water and Sewer Department Dear Mr. Waggner: When a customer within the City of Englewood's water and sewer service area experienees sewage flooding in their home, the cause of which is a blockage in the public sewer system or flooding caused by some event in the City's water distribution system, the City's Utilities Department can call Palace Construction to perform the clean-up. When a representative from the Cityts Utilities Department calls for clean".up services, the following services are pre-authorized by the Utilities Department and may be performed by Northstar without any further approvals: a. Water/sewage extraction b. Sanitize -Anti-microbial treatment c. Drywall flood cuts d. Clean and deodorize by mopping e. Contents moving f. Book Box packing g. Use of Personal Protective Equipment h. Furniture wipe down i. Furniture moving j. Drying blowers k. Dehumidifiers I. Remove and replace carpet & pad (with equivalent) m. Laundry anti-microbial treatment and packing into bags. Fogging will be approved on a case by case basis. The Utilities Department personnel who are authorized to approve fogging are John Bock, Bill McCormick, Tom Brennan or Stu Fonda. 1000 Englewood Parkway Englewood, Colorado 8011 O Phone .303-762-2.300 www.englewoodgov .org Englewood will not approve any repairs or replacements to the house or its contents. -Our intent is to provide clean-up and disinfection services only. The homeowner is free to purchase additional services from Palace Construction, for which they will be responsible for payment. If the homeowner feels they have been damaged by the City and that they are entitled to compensation, they should file a claim with the City. The City, in turn, will file the claim with its' insurance carrier for final settlement. If you have any questions or need assistance, feel free to contact me. Sf)~B~ \[~~~ Utilities Manager of Administration 303-762-2643 Fax 303-783-6894 email jbock@englewoodgov.org , Small Claims Court _Arapahoe Cv mty, Colorado Court Address: 1790 Littleton Blvd., Littleton, CO 80120 PLAINTIFF{~):_ Palace Construction Co., Inc. Address : _7 S. Galapago St. City/State/Zip: _Denver, CO 80223 Phone: Home Work _303-777-7999_ Cell V. DEFENDANT(1): -Harriet Hogendyke Address: _ 4841 S. Pennsylvania St. A. A. City/State/Zip: _Englewood, CO 80113 Phone: Honie Work Cell ")Q(o\ DEFENDANT{2): o1S Address: City/State/Zip: Phone: Horne Work Cell NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL (Part 2) If Defendant(s) is/are other than a person, go on-line at www.sos.state.co.us to determine the registered agent for service of this notice. Please enter name and address of the agent. Name: ---------· Address: /' 1. The Defendant(s) is/are in the military service: DYes cgfu:ounknown 2. The Defendant(s) reside(s), is/are regularly employed, has/have an office for the transaction of business, or is/are a student in this county, or the Defendant(s) own(s) the real prope_rty jPf this county that is the subject ot this claim arising from a restrictive covenant or security deposit dispute. [id'res 0No , 3. I/We understand that it is my/our responsibility to have each Defendant served _with the "Defendant's Copy" of this Notice by a person whose age is 18 years or older and wtto is not a party to this action 15 days prior to the trial and to provide the CourtAth written proof of service . ~Yes 0No 1 4. I am an attorney: 0Yes EMNo i Notice and Summons to Appear for Trial . J),,.../\ To the Defendant(s}: "\\)D . . Q / n 1 J You are scheduled to have your trial in this case on C::X 2t d)I :::2QJ:1 (date) at 6J. C1) (time) at the Court address stated in the above caption. Bring with you al books, papers and witnesses you need to establish your defense. If you do not appear, judgment may ,l;>(tinte~f,~<! against you. If you wish to defend the claim or pre~ent a counterclaim, you must provi_de a writ~f ::espor'is~~B written counterclaim on or before the scheduled trial date and pay a nonrefundable flling fee. I( { S i'(t , \ ~ · o 'f nq . '-' .. 1 . o Dated: l. -I J-V , ·. --.. .. ..,_... · 1~~T.:c.z:a~u~rtJ~~~~~.,..-..=-~~-'~..L\r.L- Plaintiff{s)'s Claim (Please summarize reasons to support youl"clainv · IGW...) The Defendant(s) owe(s) me $_6,791 .04 __ , which includes penalties, plus interest and costs allowed by law, and/or should be ordered to return property, perform a contract or set aside a contract or comp ly with a restrictive covenant for tht=; following reasons. (If seeking return of property, please describe the property being requested). _Harriet Hogendyke agreed to have Palace Construction Co ., Inc . do work on her property. Palace Construction has ,, completed the work and has not been paid for the services rendered. ___________________ · .,. ---------------------------------------~, Note: The combined value of money, property, specific perfonnance or cost to remedy a covenant vfolatlon cannot exceed $7,500.00i Plaintiff{s) declare under penalty of perjury that the above statements are true and correct,, and that I/we have not filed in any Small Claims Court in this County more than 2 claims dur ing this calendar month, nor more than 18 claims in this County in this falendjir year. ~ r;) , /,, ~:: Dated: [/ IZLO L W_/-Q(11rr!!_f1 C/b ialililfre!Jinature ' Plaintiffs Signature You must complete and fill .out a response and or counte.rclalm on reverse side of Defendant's copy and bring to Court . . IOF 2!10 R11/0R IPART 21 PAGE 21 NOTICE. CLAIM AND SUMMONS TO APPEAR FOR TRIAL DEFENDANT'S COPY . Defendant's Response (If responding, pay the appropriate filing fee). I do not owe the Plaintiff(s) or am not responsible to the Plaintiff(s) because: Defendant's Counterclaim (If submitting a counterclaim, pay the appropriate filing fee). The Plaintiff(s) owe(s) me$ , which includes penalties, plus interest and costs allowed by law and/or should be ordered to return property, perform a cor,itract or set aside a contract or comply with a restrictive covenant for the following reasons . (If seeking return of property, please describe the property being requested). 0 The amount of my/our counterclaim does not exceed the jurisdictional amount of the Small Claims Court of $7,500.00. D The amount of my/our counterclaim exceeds the jurisdictional amount of the Small Claims Court, but I/we wish to limit the · amount that I/we wish to recover from the Plaintiff to $7,500.00 . D The amount of my/our counterclaim exceeds the jurisdictional amount of the Small Claims Court, and I/we wish to have the case sent to 0County Court (only if I/we wish to limit the amount I/we can recover from the plaintiff to $15,000.00) 0 District Court (I /we do not wish to limit the amount !/we can recover from the Plaintiff(s)) and will pay the appropriate filing fee. I/we am/are filing a Notice of Removal and paying the appropriate filing fee to the Court at this time. I am an attorney. 0Yes 0No I declare under penalty of perjury that this information is true and correct and that I mailed a copy of the Response/Counterclaim to the Plaintiff{s) at the address( es) stated on this form on (date). Defendant's Address Defendant's Signature Date Telephone#: Home Work Cell t•J Information for Defendants in Small Claims Cases A. Flllng Fees. Response without a counterclaim: + Claim $500.00 or less: $26.00 Claim over $500.00 but less than $7,500.00: $41.00 Response with a counterclaim: • If Plaintiff's claim Is $500.00 or less and counterclaim is $500.00 or less: $31.00 • If Plaintiff's clalm Is more than $500.00 or counterclaim Is more than $500.00: $46.00 B. Response. You have been served with a Summons. If you fall to appear on the trial date shown on this notice, Judgment may be entered against you . If you wish to defend the claim or present a counterclaim, you must file with the Court Clerk a written response or counterclaim on or before the scheduled trial date, provide a copy to the Plafntiff(s), pay the appropriate nonrefunda.ble filing fee, and appear on the date set for trial in this notice with all evidence and witnesses needed to establish your defense. C. Subpoenas. Upon your request, the clerk will issue a subpoena to require witnesses to appear or bring documents for your trial. ft is your responslblllty to complete the Information needed on the subpoena and to have the subpoena served . Subpoenas must be serled personally and may be served by a person over the age of 18 that is not a party to the case . Subpoenas must be accompanied by a check for payment of witness fees and mileage for any witnesses served. D. Counterclaim. If you have a claim against the Plafntiff{s), you must file with the Court clerk the Defendant's counterclaim at the top of this form, provide a copy of the counterclaim lo the Plalntiff(s) prior to the trtal, and pay the appropriate nonrefundable filing fee. If you settle your counterclaim before trial, notify the Small Claims Court and the Plalntiff(s) In writing. If you want your case heard by a Court of greater jurisdiction, you must complete and file this form, pay the appropriate filing fee (County= $80.00, District = $224.00) and file a Notice of Removal (JDF 251) at least seven days before the trial date shown on this Notice. E. Trial Responsibility. You have a right to a trial . Bring all evidence necessary to establish your defense and/or counterclaim: books, papers, repair bills, photographs or other exhibits. If the suit Involves the delivery of personal property, be prepared to deliver the property immediately after trial. Be on time . If you are late, the Court may enter judgment against you. F. Appeal. If you wish to appeal, you must file your appeal within 15 days of the judgment and proceed according to C.R.C.P 411 . G. Judgment. The Court does not collect any judgment, but will help with the necessary forms. Money Judgment. If Judgment is entered against you, you are expected to immediately pay the judgment, including filing fees ancj court costs . If the judgment is not paid Immediately, you must answer questions about your assets and income and the other party can obtain a writ of garnishment or execution against your wages or property. Once the Judgment ls pald, you are entitled to have the judgment satisfied . Non-monetary Judgment. If the Court orders immediate possession of the property, performance of a contract, setting aside of a contract or compliance with a restrictive covenant, your failure to comply with the Court order may result in an award of damages and/or being h.eid · In contempt. · H. Case Inquiries. When inquiring about this case , refer to the case number on this notice. Direct all inquiries to the clerk , not the judge or magistrate. , l. Attorney. I( you want to be represented by an attorney, you or your attorney must file a Notice of Representation of Attorney (JDF 256) at least seven days before the trial date on this notice. Then the Plaintiff(s) may have representation by an attorney. If the Plaintlff(s) lsfare an attorney, you also may be represented by an attom.ey without filing a notice of. representation. Even if there are attorneys in the case, the rules and procedures of the Small Claims Court will still apply. J. Judicial Officer. A m~gistrate or a judge may hear your case. If you want a judge to hear your case, you must file an Objection to a Magistrate Hearing Case (JDF 259) at least seven days before the trial date set In this notice. The rules and procedures of the Small Claims Court will stlll apply. K. Language Interpreter. At this time, the Court is not able to provide a language Interpreter for small claims cases unless there Is a finding. of fndigency by the Court pursuant to state financial guidelines . Alternatively, If you or a witness require the assistance of a language interpreter, you may access a roster of certified and qualified Interpreters who are available for a fee from the Court or on the judicial website at : http://www.courts.state.co.us/chs/hrllnterpreters/courtlnterpreterpage.htm lnC'"Jt:t\ D-f1/no /DACT"JIOA~C:?\ SMALL CLAIMS COURT, COUNTY OF ARAPAHOE STATE OFCOLORADO 1790 W. Littleton Blvd. Littleton, CO 80120 303 -798-4591 x. 2108 P-leintlff(s); Defendaut(s): ... COURT USE ONLY ... ·. Attorney or Party Withont Atton1ey (Name and Address) Case Number: Division A Phone Number: E-Mail: Small Claims Courtroom FAX Number: Atty. Reg .#: SMALL CLAIMS CASE MANAGEMENT ORDER THIS COURT, in its efforts to facilitate a smooth and speedy resolution of the large number of conflicts brought before it, and in consideration of the Court's reduced staff and other budget concerns hereby issues the following case management order: It is HEREBY ORDERED that if both parties to a Small Claims case appear, the parties must attend mediation prior to trial. This mediation is mandatory AND EACH LITlGANT IS ORDERED TO PAY $5.00 IN CASH TO THE MEDIATOR. If the mediati~n is successful, you will sign a document confinning your agreement. If the mediation is unsuccessful the mediator will refer you back to the Courtroom where a -·-determination wiiroe-mad'e-whether your case will proceeQ. to trial or whether you will be scheduled for trial on a future date. You should anticipate that your case will procee.d to trial and you should appear to argue your case with all of your evidence and witnesses on the date indicated ·on the Notice Claim and Summons to Appear. One of three things will happen on your first appearance; your case will be resolved in mediation or you will proceed to trial or you ~ill be scheduled for trial at a future date. If you fail to appear a8 scheduled, a Default Judgment may enter against you, or, if you . are the plaintiff. your case may be dismissed with prejudice. If a default judgment enters against you, you will be responsible for the full amount of the judgment plus costs. H your case is dismissed, absent good cause, you will not be able to bring your case against the Defendant in any court again. DONE this 29th day of April, 2008 BY THE COURT ~ £~ LeRoy H .~gistrate · Ped ID#84 -0769836 Drain Cleaning, Plumbing, Heating and Air Conditioning Drain Cleaning Dept. In Denver Since 1940 Domestic Municipal Industrial 2900 So. Shoshone St. • Englewood, CO 80110 263628 (303) 571-5114 :~ Date: ~ --?-o-·os BILLING INFORMATION: .___,,~I--"· '--l/~t-----:f_Phone_3 6 3 -7 ~ J -4_ ~ ~ r;J YOUR GUARANTEE IS: 30 Days 0 90 Days FJ No Guarantee: 0. ___________________ 1 CAUSE OF STOPPAGE: Bad Line Core Const Debris Food Grease Hair Lint Other 0 0 0 0 0 0 0 Mud 0 Paper Towels 0 L Roots ~ Sand . 0 ·Scale 0 Tampons 0 , Unknown '¢" '· · CLEAN OUT: Basement O Crawlspace 0 Dig up 0 .QSRiser ~ PHIP Q Pull Toilet · Pull Trap Pull Urinal 0 0 0 Vent O Vent2-Man 0 Other .NO.;OF Ff. CLEANED: //(J 1 ft. ) Il/2" 2" 3" 4" '\ 0 0 0 HalfKnife 0 Paddle 0 Single Deuce 0 Whip 0 CABLE USED: . JR 3/g Q .~uger . 0 . G0-15 HM 0 0 Jet . 0 JR1fi'' 0 RR 11fi6" JLl REMARKS: Material: DegreaserO RootXO LINE WORKED ON: Bath Tub 0 Floor Drain Grease 'frap Inlet 0 0 0 Outlet 0 HandBasin O Kitchen Sink O Lateral Line O Laundry Line O Sewer Line Shower · Toilet Bowl Urinal ~ 'o . 0 0 Other ____ _ Estimate: -------------------------------------1-'-----t--; Drain Cleaning (up to ---~hr): Additional Lines ( ____ _, Additional Labor (if needed) $ _____ per hr Customer Signature: ------------1-----.i---1 Servicema~"""-"'M""" ... ~ ... s~__..,..£..-"->-"'\r'-+- ca sl1 0 Bill out 0 Check No~ MC. _________________ Exp. Date~---- Terms: Net 10 Days Discover Exp.Date. ____ _ Please Pay from this Invoice If in the course of normal cleaning operations, damage does result from pre-existing and unforeseen conditions such as broken pipe, plumbing code violations or lead piping, tl1e Contractor will not be held responsible. This also is a Hold Harmless clause for any water damage done due to floodmg on before and after our services are rendered, and apply to all plumbing, drain cleaning and thawing of water pipes. If not paid by the 10th of the month following the date as indicated above a FINANCE CHARGE of 11/2% per month, ANNUAL PERCENTAGE RATE of 18% will be charged. In case of suit or collections be coill!.11enced to enforce payment of any swn purchaser agrees to pay collection cost and/or attorney fees. . -We would -appreciate you--c.a!ling us in _-the .event of fur.ther ·dra:fij~ge problems.· . -~--. :, .. Palace Construction Co., Inc. 7 S . Galapago St. Denver, CO, 80223 Tel : 303 777 7999 Fax : 303 777 5256 Notes Cust. #000416 Description Homeowner portion of sewer repairs IDUE UPON RECEIPT. INVOICE Invoice No : 3008036028 Date : 06/25/2009 Due Date: 07/25/2009 Amount Sub Total _Amount Due 6,214.85 6,214.85 6,214.85 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722-0296 Client: Harriet Hogendyke -City of Englewood Property: 4841 South Pennsylvania St Englewood, CO 80110 Operator Info: Operator: ffiOWMAN Reference : Company: City of Englewood Type of Estimate: Sewage Dates: Date Entered: 05 /20/2008 Price List: CODE4B8A Restoration/Service/Remodel Estimate: HOGENDYKE_REP Date Assigned: 05 /11/2008 Home : (303) 762-2643 Please find in the following pages our understanding of a scope of work for repairs per our site visit on 08 /21 /08. Should you have any questions or concerns please feel free to contact me at this office . I) Actual cost will vary with actual repair specifications and drawings . 2) Excludes any utility relocates that may be required. 3) We reserve the right to revise this report if and when additional information is provided or discovered. 4)This proposal is valid for a period of 45 days from the date posted at the top of this proposal. 5) All replacement materials are to match existing as close as possible. 6) Required engineering reports and/or abatement reports and tests are not included with-in this bid. 7) All contracts to be Palace's standard contracts , or previously negotiated contracts, or AlA contract . 8) Costs associated with delays caused by the Owner or Owner's agent will be billed to the owner. 9) Due to recent changes in the marketplace for building materials, we are unable to guarantee material prices. As a result, we reserve the right to update material prices as changes occur. 10) Note : The owner is to hav e the property tested for asbestos and lead prior to start of work on any building, unless the architect or engineer on record for the ori ginal construction can provide written proof, as per Colorado Department of Public Health and Environment Regulation No, 8 part B -Asbestos section III subparagraph IIl.A.l.d . Missing Wall: Missing Wall: Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303 )777-7999 Fax: (303) 722-0296 HOGENDYKE_REP Room: Family Room 1 -2'6" x 7'6" 322.50 SF Walls 466.50 SF Walls & Ceiling 16.00 SY Flooring 90.00 SF Long Wall 43.00 LF Ceil. Perimeter Opens into E Subroom 1: Offset 1 -2'6" x 7'6" 66.25 SF Walls 74.17 SF Walls & Ceiling 0 .88 SY Flooring 23 .75 SF Long Wall 8 .83 LF Ceil. Perimeter Opens into 0 DESCRIPTION QNTY REMOVE Dehumidifier (per 24 hour period) -XLarge (05/11 -05 /13) Dehumidifier (per 24 hour pe1iod) -Large (05/13 -05116) Air mover (per 24 hour period) (05/13 - 05/16) Water extract from floor -Cat 3 water -aft business hrs Remove Cove base molding -rubber or vinyl, 4" high Tear out wet non-salvage cpt, cut/bag - after business hrs Content Manipulation charge -per hour - after hours Apply anti-microbial agent -after hours Lift carpet for drying -after hours Tear out wet carpet pad, cut/bag -after business hours HOGENDYKE_REP 2 .00EA 0.00 3 .00EA 0 .00 3 .00EA 0.00 151.92 SF 0 .00 51.83 LF 0.21 151.92 SF 0 .68 20.00 HR 0.00 358.50 SF 0.00 151.92 SF 0 .00 151.92 SF 0 .68 LxWxH 12'0" x 12'0" x 7'6" 144.00 SF Ceiling 144.00 SF Floor 43 .00 LF Floor Perimeter 90.00 SF Short Wall Goes to Floor/Ceiling LxWxH 3'2" x 2'6" x 7'6" 7 .92 SF Ceiling 7 .92 SF Floor 8 .83 LF Floor Perimet.er 18.75 SF Short Wall Goes to Floor/Ceiling REPLACE TOTAL 104.18 208.36 68.00 204.00 24.40 73 .20 2 .11 320.55 0 .00 10.88 0 .00 103.31 51 .99 1,039.80 0.41 146.99 0.53 80.52 0.00 103.31 01/15/2009 Page: 2 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph : (303) 777-7999 Fax: (303 ) 722-0296 DESCRIPTION Tear out tackless strip and bag for disposal - after hours Cleaning -Remediation Technician -per hour Clean floor (power wash) Room Totals : Family Room CONTINUED -Family Room QNTY REMOVE 51.83 LF 1.54 1.00HR 0.00 151.92 SF 0 .00 Room: Bedroom 1 347.50 SF Walls 480.50 SF Walls & Ceiling 14 .78 SY Flooring 95 .00 SF Long Wall 46.33 LF Ceil. Perimeter Subroom 1: Closet DESCRIPTION Dehumidifier (per 24 hour period) -Large (05/11 -05/16) Air mover (per 24 hour period) (05/13 - 05/16) Water extract from floor -Cat 3 water -aft business hrs Remove Cove base molding -rubber or vinyl, 4" high HOGENDYKE_REP 132 .50 SF Walls 149 .23 SF Walls & Ceiling 1.86 SY .Flooring 45.63 SF Long Wall 17 .67 LF Ceil. Perimeter QNTY REMOVE 5 .00EA 0.00 3 .00EA 0 .00 149.73 SF 0.00 64 .00LF 0.21 REPLACE TOTAL 0 .00 79 .82 52.25 52.25 0.36 54.69 2 ,477.68 LxWxH 12'8" x 10'6" x 7'6" 133 .00 SF Ceiling 133 .00 SF Floor 46.33 LF Floor Perimeter 78 .75 SF Short Wall LxWxH 6'1" x 2'9" x 7'6" 16.73 SF Ceiling 16 . 73 SF Floor 17 .67 LF Floor Perimeter 20.63 SF Short Wall REPLACE TOTAL 68 .00 340.00 24.40 73 .20 2.11 315.93 0 .00 13 .44 01115 /2009 Page: 3 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722-0296 DESCRIPTION Tear out wet non-salvage cpt, cut/bag - after business hrs Content Manipulation charge -per hour - after hours Apply anti-microbial agent -after hours Lift carpet for drying -after hours Tear out wet carpet pad, cut/bag -after business hours Tear out tackless strip and bag for disposal - after hours Cleaning -Remediation Technician -per hour Clean floor (power wash) Room Totals : Bedroom 1 CONTINUED -Bedroom 1 QNTY REMOVE 149 .73 SF 0.68 20 .00HR 0.00 363.46 SF 0.00 149 .73 SF 0.00 149 .73 SF 0 .68 64 .00LF 1.54 0.70HR 0.00 149 .73 SF 0.00 Room: Laundry Room DESCRIPTION Air mover (per 24 hour period) (05113 - 05/16) Tear out wet drywall, cleanup, bag for disposal Water extract from floor -Cat 3 water -aft business hrs Remove Cove base molding -rubber or vinyl, 4 II high HOGENDYKE_REP 275 .00 SF Walls 357.67 SF Walls & Ceiling 9.19 SYF!ooring 77.50 SF Long Wall 36.67 LF Ceil. Perimeter QNTY REMOVE 3.00 EA 0.00 19 .00 SF 0.76 82 .67 SF 0.00 36.67 LF 0.21 REPLACE TOTAL 0.00 101.82 51.99 1,039 .80 0.41 149 .02 0.53 79.36 0 .00 101.82 0 .00 98 .56 52 .25 36 .58 0 .36 53 .90 2,403.43 LxWxH 10'4" x 8'0" x 7'6" 82.67 SF Ceiling 82.67 SF Floor 36 .67 LF Floor Perimeter 60 .00 SF Short Wall REPLACE TOTAL 24.40 73.20 0.00 14 .44 2.11 174.43 0 .00 7.70 01 /15 /2009 Page: 4 Palace Construction 7 Soulh Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722-0296 DESCRIPTION Remove Vinyl tile Apply anti-microbial agent -after hours Cleaning -Remediation Technician -per hour (bottom of washer & dryer) Clean floor (power wash) Washing machine -Remove & reset Dryer -Remove & reset Room Totals: Laundry Room CONTINUED -Laundry Room QNTY REMOVE 82 .67 SF 0.78 202.00 SF 0.00 0.50HR 0.00 82 .67 SF 0.00 1.00 EA 0.00 1.00 EA 0.00 Room: Bathroom DESCRIPTION Dehumidifier (per 24 hour period) -Large (05/11 -05 /15) Water extract from floor -Cat 3 water -aft business hrs Apply anti-microbial agent -after hours Cleaning -Remediation Technician -per hour (clean shower base & stool) Clean floor (power wash) Room Totals: Bathroom HOGENDYKE_REP 183 . 75 SF Walls 220 .50 SF Walls & Ceiling 4.08 SY Flooring 52 .50 SF Long Wall 24.50 LF Ceil. Perimeter QNTY REMOVE 4.0o"EA 0.00 36.75 SF 0.00 98 .00 SF 0.00 0.80HR 0.00 36.75 SF 0.00 REPLACE TOTAL 0.00 64.48 0.4 l 82 .82 52.25 26 .13 0.36 29 .76 47 .04 47.04 42.40 42.40 562.40 LxWxH 7'0" x 5'3" x 7'6" 36 .75 SF Ceiling 36.7.5 SF Floor 24.50 LF Floor Perimeter 39.38 SF Short Wall REPLACE TOTAL 68 .00 272.00 2.11 77.54 0.41 40.18 52.25 41.80 0.36 13..23 444 .75 01/15/2009 Page: 5 Palace Construction 7 Sou1h Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 72 2-0296 Room: General Items DESCRIPTION Emergency service ca ll -after business hours E quip . setup (after hours), take-down, monitoring until dty Add for personal protective equipment (hazardous cleanup) Cleaning Technician -general clean-up Cleaning -Supervisory/Administrative - per hour Haul debris -per pickup truck load - including dump fees Asbestos test fee -full service asbes tos survey Sealer -minimum charge (all affected framing) Fuel swcharge ($150.01) Off-site storage Storage Box's for pack out Room Totals : General Items Line Item Totals: HOGENDYKE_REP HOGENDYKE_REP QNTY 1.00 EA 2 .50HR 4 .00EA 4 .00HR 2 .00 HR 2 .00EA 1.00 EA 1.00EA l .OOEA 1.00 EA 1.00 EA REMOVE REPLACE TOTAL 0.00 214.12 214.12 0 .00 78.46 196 .15 0.00 11.62 46.48 0 .00 43.11 172.44 0.00 53 .62 107.24 109 .76 0 .00 219 .52 0 .00 357.30 357.30 0 .00 165 .00 165 .00 No Charge 0 .00 302.92 302.92 0.00 670.95 670 .95 2,452 .12 8,340.38 01115 12009 Page : 6 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax : (303 ) 722-0296 Grand Total Areas: 1,327.50 SF Walls 421.06 SF Floor 384.38 SF Long Wall 0 .00 Floor Area 0.00 Exterior Wall Area 0.00 Surface Area 0.00 Total Ridge Length HOGENDYKE_REP 42 1.06 46 .78 307 .50 0.00 0 .00 0.00 0.00 SF Ceiling 1,748 .56 SF Walls and Ceiling SY Flooring 177 .00 LF Floor Perimeter SF Short Wall 177.00 LF Ceil. Perimeter Total Area 0.00 Interior Wall Area Exterior Perimeter of Walls Number of Squares 0 .00 Total Perimeter Length Total Hip Length 01115 12009 Page: 7 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722 -0296 Line Item Total Material Sales Tax Subtotal Replacement Cost Value Net Claim HOGENDYKE_REP @ Summary for Sewage 8.450% x 151.06 8,340.38 12 .76 8,353.14 8,353.14 8,353 .14 01/15/2009 Page: 8 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722-0296 Client: Harriet Hogendyke -City of Englewood Property: 4841 South Pennsylvania St Englewood, CO 80110 Operator Info : Operator: JBOWMAN Reference: Company: City of Englewood Type of Estimate: Sewage Dates : Date Entered: Price List: 05 /20/2008 CODE4B8A Restoration/Service/Remodel Estimate: HOGENDYK.E_REP Date Assigned : 05/11/2008 Home: (303) 762-2643 Please find in the following pages our understanding of a scope of work for repairs per our site visit on 08 /21/08. Should you have any questions or concerns please feel free to contact me at this office. 1) Actual cost will vary with actual repair specifications and drawings . 2) Excludes any utility relocates that may be required. 3) We reserve the 1ight to revise this report if and when additional information is prnvided or discovered . 4)This proposal is valid for a pe1iod of 45 days from the date posted at the top of this proposal. 5) All replacement materials are to match existing as close as possible . 6) Required engineering reports and/or abatement reports and tests are not included with-in this bid .. 7) All contracts to be Palace's standard contracts, or previously negotiated contracts, or AIA contract. 8) Costs associated with delays caused by the Owner or Owner's agent will be billed to the owner. 9) Due to recent changes in the marketplace for building materials, we are unable to guarantee material prices . As a result, we reserve the right to update material prices as changes occur. 10) Note: The owner is to have the property tested for asbestos and lead prior to start of work on any building, unless the architect or engineer on record for the original construction can provide written proof, as per Colorado Department of Public Health and Environment Regulation No. 8 part B -Asbestos section III subparagraph III .A.l.d. Missing Wall: Missing Wall: Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722-0296 HOGENDYKE_REP Room: Family Room 1 -2'6" x 7'6" 322.50 SF Walls 466 .50 SF Walls & Ceiling 16.00 SY Flooring 90.00 SF Long Wall 43 .00 LF Ceil. Perimeter Opens into E Sub room 1: Offset 1 -2'6" x 7'6" 66.25 SF Walls 74.17 SF Walls & Ceiling 0 .88 SY Flooring 23 .75 SF Long Wall 8.83 LF Ceil. Perimeter Opens into 0 DESCRIPTION QNTY REMOVE Drywall repair -Minimum charge Paint the walls and ceiling -two coats R&R Interior door -lauan/mahogany -stain grade jamb & case R&R Baseboard -2 1/4" Paint door slab only -2 coats (per side) Paint baseboard -two coats Tack strip Carpet pad Carpet 15 % waste added for Carpet. Content Manipulation charge -per hour Move items out of storage Room Totals: Family Room HOGENDYKE_REP 1 .00 EA 0 .00 540.67 SF 0 .00 1.00 EA 12 .99 51.83 LF 0.28 2 .00 .EA 0.00 51.83 LF 0 .00 51.83 LF 0.00 151.92 SF 0.00 174 .70 SF 0.00 18 .00 HR 0.00 LxWxH 12'0" x 12'0" x 7'6" 144 .00 SF Ceiling 144.00 SF Floor 43 .00 LF Floor Perimeter 90 .00 SF Short Wall Goes to Floor/Ceiling LxWxH 3'2" x 2'6" x 7'6" 7 .92 SF Ceiling 7 .92 SF Floor 8.83 LF Floor Perimeter 18.75 SFShortWall Goes to Floor/Ceiling REPLACE TOTAL 390.00 390 .00 0 .70 378.47 178.94 191.93 2 .07 121.80 17 .71 35.42 2.00 103.66 1.30 67.38 0.67 101.79 3.25 567.78 36.40 655.20 2,613.43 01 /15 /2009 Page : 2 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303 ) 777-7999 Fax: (303) 722-0296 Room: Bedroom 1 347.50 SF Walls 480.50 SF Walls & Ceiling 14 .78 SY Flooring 95 .00 SF Long Wall 46 .33 LF Ceil. Perimeter Subroom 1: Closet 132 .50 SF Walls 149.23 SF Walls & Ceiling 1.86 SY Flooring 45 .63 SF Long Wall 17 .67 LF Ceil. Perimeter DESCRIPTION QNTY REMOVE Drywall repair -Minimum charge 1.00 EA 0.00 Paint the walls and ceiling -two coats 629 .73 SF 0.00 R&R Interior door -lauan/mahogany -stain L OO EA 12 .99 grade jamb & case R&R Baseboard-2 1/4" 64 .00LF 0.28 Paint door slab only -2 coats (per side) 2 .00EA 0.00 Paint baseboard -two coats 64 .00LF 0.00 Tackless strip guard 64 .00 LF 0.00 Carpet pad 149 .73 SF 0.00 Carpet 172.19 SF 0.00 15 % waste added for Carpet Content Manipulation charge -per hour -to 18 .00 HR 0.00 move items back from storage . Room Totals: Bedroom 1 HOGENDYKE_REP LxWxH 12'8" x 10'6" x 7'6" 133 .00 SF Ceiling 133.00 SF Floor 46..33 LF Floor Perimeter 78 .75 SF Short Wall LxWxH 6'1" x 2'9" x 7'6" 16. 73 SF Ceiling 16. 73 SF Floor 17 .67 LF Floor Perimeter 20 .. 63 SF Short Wall REPLACE TOTAL 390 .00 390 .00 0.70 440 .81 178 .94 191.93 2 .07 150.40 17 .71 35.42 2 .00 128.00 0.43 27.52 0 .67 100.32 3 .25 559 .. 62 36.40 655 .20 2,679.22 01/15 /2009 Page : 3 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722-0296 Room: Laundry Room 275 .00 SF Walls 357 .67 SF Walls & Ceiling 9.19 SY Flooring 77.50 SF Long Wall 36.67 LF Ceil. Perimeter DESCRIPTION QNTY REMOVE Drywall patch, ready for paint Paint the walls and ceiling -two coats R&R Interior door -Jauan/mahogany -stain grade jamb & case R&R Baseboard -2 1/4" R&R Cove base molding -rubber or vinyl, 2 1/2" high Paint door slab only -2 coats (per side) Remove Vinyl floor covering (sheet goods) 3 .00 EA 357.67 SF LOO EA 36.67 LF 36.67 LF 2 .00 EA 82.67 SF Vinyl floor covering (sheet goods) 95.07 SF 15 % waste added for Vinyl floor covering (sheet goods). Room Totals: Laundry Room Room: Bathroom 183. 75 SF ·walls 220.50 SF Walls & Ceiling 4.08 SY Flooring 52.50 SF Long Wall 24.50 LF Ceil. Perimeter 0.00 0.00 12 .99 0.28 0.21 0.00 0.64 0.00 DESCRIPTION QNTY REMOVE Drywall patch, ready for paint Paint the walls and ceiling -two coats R&R Interior door -lauan/mahogany -stain grade jamb & case Remove Vinyl floor covering (sheet goods) HOGENDYKE_REP 2 .00EA 220.50 SF l.OOEA 36.75 SF 0.00 0.00 12.99 0.64 LxWxH 10'4" x 8'0" x 7'6" 82 .67 SF Ceiling 82.67 SF Floor 36.67 LF Floor Perimeter 60 .00 SF Short Wall REPLACE TOTAL 44.86 134.58 0.70 250.37 178..94 191.93 2.07 86.18 1.32 56.10 17.71 35.42 0.00 52.91 3.47 329.89 1,137.38 LxWxH 7'0" x 5'3" x 7'6" 36..75 SF Ceiling 36.75 SF Floor 24.50 LF Floor Perimeter 39.38 SF Short Wall REPLACE TOTAL 44 .86 89.72 0 .70 154.35 178 .94 191.93 0 .00 23 .52 01 /15 /2009 Page: 4 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722-0296 CONTINUED -Bathroom DESCRIPTION QNTY REMOVE Vinyl floor covering (sheet goods) 42 .26 SF 0 .00 15 % waste added for Vinyl floor covering (sheet goods). Plumber -per hour 8 .00HR 0.00 Room Totals: Bathroom Room: General Items DESCRIPTION QNTY REMOVE Cleaning Technician -Final construction 6 .00HR 0.00 clean-up . Haul debris -per pickup truck load -2 .00EA 109 .76 including dump fees Fuel surcharge ($150 .01) 1.00 EA 0 .00 Off-site storage 1.00 EA 0.00 Administrative/supervisor labor charge 8.00HR 0 .00 Room Totals: General Items Line Item Subtotals: HOGENDYKE_REP HOGENDYKE_REP REPLACE TOTAL 3.47 146.64 80 .00 640 .00 1,246.16 REPLACE TOTAL 43.11 258.66 0.00 219.52 150.01 150.01 302.92 302 .92 67.00 536.00 1,467.11 9,143.30 01/15/2009 Page: 5 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722-0296 Adjustments for Base Service Charges Carpenter -Finish, Trim/Cabinet Cleaning Remediation Technician Drywall Installer/Finisher Flooring Installer Painter Total Adjustments for Base Service Charges: Line Item Totals: HOGENDYKE_REP Grand Total Areas: 1,327.50 SF Walls 421.06 SF Floor 384.38 SF Long Wall 0.00 Floor Area 0 .00 Exterior Wall Area 0 .00 Surface Area 0 .00 Total Ridge Length HOGENDYKE_REP 421.06 46.78 307.50 0.00 0.00 0.00 0.00 SF Ceiling 1,748.56 SY Flooring 177.00 SF Short Wall 177.00 Total Area 0.00 Exterior Perimeter of Walls Number of Squares 0 .00 Total Hip Length Adjustment SF Walls and Ceiling LF Floor Perimeter LF Ceil. Perimeter Interior Wall Area Total Perimeter Length 121.12 104.50 245.68 l l 8.36 91.44 681.10 9,824.40 01/15/2009 Page: 6 Palace Construction 7 South Galapago St. Denver, CO 80223 Ph: (303) 777-7999 Fax: (303) 722-0296 Line Item Total Total Adjustments for Base Service Charges Summary for Sewage Material Sales Tax @ 8.450% x 2,414 .18 Subtotal Replacement Cost Value Net Claim HOGENDYKE_REP 9,143.30 681.10 204.00 10,028.40 10,028.40 10,028.40 0111512009 Page: 7 c T y 0 F · April 28, 2009 Mr. Jeff Bowman Palace Construction Company 7 S. Galapago St. Denver, CO 80223 Re: 4841 S. Pennsylvania St. Dear Mr. Bowman: ENGLEWOOD After further review, Englewood will agree to pay the following charges at the above referenced address: In the family room: Tack strip -$67.38 Carpet Pad -$101.79 Carpet -$567 .78 Content Manipulation -$655 .20 In the Bedroom 1: Tackless strip guard -$27.52 Carpet pad -$100.32 Carpet -$559.62 Content Manipulation -$655.20 In the Laundry Room: Remove Vinyl Floor Covering -$52.91 Vinyl Floor Covering -$329.89 In the Bathroom: Remove Vinyl Floor Covering -$23 .52 Vinyl Floor Covering -$146.64 General Items: Off Site Storage -$302.92 Adjustments for Base Service Charges: Cleaning Remediation Technician -$104.50 1000 Englewood Parkway Engl ewoo d, Colorado 8011 O Phone 303-762-23 00 www eng le woodgov .org Flooring Installer -$118.36 Total of expenses to be paid by Englewood : $3,813 .55 Upon receipt of an invoice for the above services, we will initiate payment. Sf)ceipy ~ ~ Utilities Manager of Administration 303-762-2643 2009/06/09 09:14:25 Palace Construction Co., Inc . 7 S. Galapago St. _ Denver, CO , 80223 Tel: 303 777 7999 Fax : 303 777 5256 Notes Cust. #000416 Job Address: 4841 S. Pennsylvania St. Englewood , CO 80113 2 /4 INVOICE Invoice No : 300803602A Date : 02/18/2009 Due Date : 03/20/2009 Description Amount Please see attached scope of sewer repairs 3,813 .55 Sub Total 3,813 .55 Amount Due 3,813 .55 To: From: Company : Message Details : 2009/06/09 09:14:25 1 /4 PALACE CONSTRUCTION Fax Cover Page Date: 619109 Joyce Modrak Fax Number: 3033896610 No . ofpages: 4 (including cover page) John, Hopefully you can get this into your meeting today. Thank you, Joyce 3036984107 Phone 3033896610 Fax www .palaceconst .com The information contained-in this fax is intended only for the use of indM.dual or entity named above. If you have received this communication in error or have not received all of the pages , please notify by telephone. Thank you. 2009/06/09 09:14:25 3 /4 Frorn:10088 3037836893 06/08/2009 11 : 48 11847 P.002 /003 c T y 0 F April 28, 2009 Mr. Jeff Bowman Palace Construction Company 7 S. Galapago St. Denver, CO 80223 Re: 4841 S. Pennsylvania St. Dear Mr. Bowman: ENGLEWOOD After further review , Englewood will agree to pay the following charges at the above referenced address : Jn the :fumily room : Tack strip ~ $67 .38 Carpet Pad-$101.79 Carpet -$567.78 Content Manipulation -$655.20 In the Bedroom 1: Tackless strip guard -$27 .52 Carpetpad -$100.32 , Carpet -$559 .62 Content Manipulation -$655.20 In the Laundry Room: Remove VUlyl Floor Covering -$52.91 Vmyl Floor Covering -$329.89 Jn the Bathroom: Remove Vinyl Floor Covering -$23.52 Vinyl Floor Covering -$146.64 General Items: Off Site Storage -$302.92 Adjustments for Base Service C'harges: Cleaning Remediation Technician -$104.50 1000 Engtewood Parkway Englewood, <;olorado 80 110 Phone 303--761-2300 www.englewoodgov.org From: 10088 2009/06/09 09:14:25 4 /4 3037836893 06/08/2009 11:49 Flooring Installer -$118.36 Total of expenses to be paid by Englewood: $3,813.55 Upon receipt of an invoice for the above services, we will initiate payment K&-zL Utilities Manager of Administration 303-762-2643 11847 P.003/003 !\TT.. '-/ COUNCIL COMMUNICATION Date Agenda Item Subject December 7, 2009 Sherman Water Tank Rehabilitation INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION January 3, 1999 Council approved a motion for rehabilitation of the Sherman Water Tank to include interior painting and a cathodic protection system. RECOMMENDED ACTION At their November 10, 2009 meeting, the Englewood Water and Sewer Board recommended Council approval, by motion, of the bid for the rehabilitation for priming and painting the exterior of the Sherman elevated water storage tank on the exterior of the tank. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Sherman tank is a 200 ,000-gallon tank, located at 5403 S. Sherman Way that was put on- line in the spring of 1982 and serves the southeast portion of Englewood. Earlier this year, the tank was inspected and revealed the beginning of corrosion. As part of the proposed tank rehabilitation project, the tank exterior and standpipe will be fully cleaned, lead-based paint abatement will be provided for the exterior and appurtenances, corrosion spots welded and repaired, the exterior painted and a cathodic protection system reapplied. Preventative maintenance measures are necessary to extend the life of the tank. FINANCIAL IMPACT A bid opening was held on October 29, 2009 and the following bids were received: H & R Enterprises LLC Classic Protective Coatings Inc. Central Tank Coatings, Inc. TMI Coatings, Inc. $182,384.12 $258,000.00 $258,000.00 $276,450.00 H & R Enterprises LLC is the recommended low bidder at $182,384.12. Camp Dresser & McKee Engineers, the Technical Engineer, has recommended acceptance of the low bidder, H & R Enterprises LLC. The Utilities Department budgeted $280,000.00 in the 2010 Budget for this project. This money was allocated under #09-03-61251. LIST OF ATTACHMENTS Bid Proposal Tabulation Sheet City of Englewood Bid Tabulation Sheet Bid Opening Date: Friday October 30, 2009 10:00 a.m. MOTi Apparent Low Bidder -Award has not t: ITEM BID: ITB-09-114 Sherman Elevated Water Tank Rehabilitation Sherman Tank Sherman Sherman Tank 4Addendums Bid Bond Lead-Based Tank Full Total Vendor Yes/No Yes/No Paint Abatement Exterior Paint Rehabilitation H&R Enterprises LLC 215 E Wells Blvd Sapulpa, OK 7 4066 (918) 271-2658 Yes Yes $ 91,192 .06 $ 91,192.06 $ 182,384.12 Classic Protective Coatings Inc N 7670 State Hwy 25 Menomonie, WI 54751 (715) 233-6267 Yes Yes $ 29,000.00 $ 229,000.00 $ 258,000.00 TMI CoatinQs Inc 3291 Terminal Dr St. Paul, MN 55121 (651) 452-6100 Yes Yes $ 80,000.00 $ 196,450.00 $ 276,450.00 Central Tank Coatings Inc 19736 Cable Ave Elgin , IA 52141 (563) 426-5967 No Yes $ 197,000.00 $ 61,000.00 $ 258,000.00 ITB-09-114 Sherman Tan k Bid Tab Sheet.xis CDM 555 17th S1<eet, Suite 1100 Denver, Colorado 80202 tel : 303 383·2300 lax : 303 308· 3003 November 2, 2009 Mr. Bill McCormick City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 Subject: Bid Evaluation for Sherman Elevated Water Tank Rehabilitation City Project ITB-09-114 (CDM Project #67390) Dear Mr. McCormick: CDM attended the bid opening for the above r~ferenced project on October 30, 2009at10:00 am and received one copy of each bid submitted. As requested, CDM completed a brief review of the bids received, and specifically followed up on references for the apparent Low Bidder. Reference the Bic;l Tabulation Sheet distributed by Alicia Stutz on 10/30/09. The bid package included the required Bid Bond and reference information. The delivery date on the Bid Proposal was not completed, but is assumed to be as specified. No schedule of suppliers, Section 00450, was included, but as noted in the first paragraph of 00450, if the Bidder fails to circle the supplier of each category the bidder agrees to provide items listed under "X", which in this case includes all Tnemec products specified. Based on the evaluation of the bid received, it is our opinion that H&R Enterprises LLC submitted a responsive bid with a total lump sum value of $182,384.12. Based on this evaluation, CDM recommends that H&R Enterprises LLC be awarded the con~act to complete the above referenced project. Please call if you have any questions. Sincerely, ~~-7¥~ Brian R. McKee, P.E. Camp Dresser & McKee Inc . cc: Project Files Jolm Rehring T:\071 O-Englewocxf\67390'.Sherman T ank·GS\Bidding\67390-Sherman TankRehab_BidEvall.etler_ 110209.doc consulting . engineering • construction . operations All~ '5 COUNCIL COMMUNICATION Date Agenda Item Subject January 18, 2010 Country Homes Metropolitan District Wastewater Connector's Agreement INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved a standard sanitary sewer connector's agreement in January, 1988 . RECOMMENDED ACTION At their November 10 , 2009 meeting the Englewood Water and Sewer Board recommended Council approval of the Country Homes Metropolitan District Wastewater Connector's Agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the standard connector's agreement. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by various districts. The attached agreement addresses this service with the district that owns and maintains the sewer mains. In the Country Homes Metropolitan District there are 32 taps. The Country Homes Metropolitan District will continue to own the lines and will be responsible for capital improvements in its system. The attached map shows the Country Homes Metropolitan Sanitation District. The City Attorney 's office has reviewed and approved the standard connector's agreement. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Resolution Country Homes Metropolitan District Wastewater connector's Agreement Map Connectors Agr -Country Homes Metro San . Dist.doc WASTEWATER CONNECTOR'S AGREEMENT For Districts Sewer Contract No. THIS AGREEMENT, made and entered into this day of ---- --------' 20 __ to be effective as of , 20_; by and between the CITY OF ENGLEWOOD , COLORADO , a municipal corporation, hereinafter referred to as "City," acting by and through its duly elected, qualified and authorized Mayor and City Clerk, and COUNTRY HOMES METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado , hereinafter called "District," acting by and through its authorized Representative . WITNESSETH WHEREAS , the City owns and oper~tes a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton, so situat ed physically as to be able to receive and treat the sewage from a designated area served by the District and gathered by the District's sanitary-sewage system; and WHEREAS, it is the desire of the District to utilize the facilities owned by the City for the treatment of sewage and the City is willing to serve the District for treatment of sewage under certain conditions; NOW, THEREFORE, lN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows : 1. The City hereby agrees under the conditions hereinafter set forth , to treat the sewage originating from the District's sanitary sewer system within the area served by the District as approved by the City and as indicated in the description attached hereto, incorporated herein and marked as "Exhibit A." The District specifically agrees to prevent sewage from any area other than that described herein, from being discharged into the District's sanitary sewage system connected to the City's trunk line and to prevent connections to the system from or in any area other than those described herein. 2. In the operation of the District's sanitary sewer system, the District agrees that all applicable Code provisions and rules and regulations of the City, including amendments thereto during the term of the contract, shall be the minimum standards for the District's system. The District further agrees to abide by all applicable state and federal laws , rules, regulations, or permits, including those of the Environmental Protection Agency (the EPA) as they become effective or implemented or upon notice from the City. The District shall inform all users, contractors and subcontractors of such standards, rules and regulations upon inquiry from such persons, and shall not furnish any information inconsistent therewith. In this regard, it shall be the responsibility of the District to obtain the applicable requirements from the appropriate governing body. The City shall attempt to maintain and provide information on all requirements to the District; however, 1 the City does not guarantee the accuracy or completeness of government regulations other than the City's own regulations . 3. Regarding the provision of sewer service, the City's permitting requirements shall be followed by the District and its users. All sewer plans , specifications and methods of work within the District shall be submitted to the City in writing and approved by City prior to any construction or tap in the District's designated area. No permit shall be final and no service shall be provided to property until construction is approved, in writing by the City. 4 . The District shall be responsible for the proper maintenance of its sewer system and shall rectify any problems or conditions which have been determined by the District or City to be detrimental to City's treatment process or system. Should the City determine that any discharge enters the sewer system contrary to applicable laws, ordinances, statutes, rules, regulations or permits, the District agrees to proceed at once to take whatever lawful means may be necessary to rectify any such problem or condition. 5. City shall have the right to alloc,ate service under this Contract, and City may deny additional service for any utility-related reason, but in no event will City terminate or refuse any service without cause . City shall have the right to disconnect service to any area annexed to the District when such annexation takes place without prior written City approval. Within one year of this agreement, the District shall provide City with an estimate of the number of equivalent service taps needed for the next five (5) years under current zoning and planned build out in the District 's area as shown on Exhibit A. The District shall monitor zoning changes within its area to estimate its tap requirements and provide City with notice of tap requirement for the next five (5) year period of time in a form satisfactory to the City. Notice of these requirements shall be given City on each anniversary date of this Agreement. 6. City may impose and collect;reasonable fees , tolls and charges, which shall be uniform as to all outside-City users for the services provided by the City under this Connector's Agreement. City shall bill the District users directly for all applicable City charges for services rendered under thi$ Agreement. Should any user not pay City, City shall bill the District and the District shall pay the amount due to City within forty-five (45) days of such billing. These charges are subject to adjustment by the City from time to time . When such adjustment to these charges are made, City shall give the District forty-five (45) days advance written notice. 7. Subject to the terms of the Taxpayer's Bill of Rights (TABOR), the term of this Agreement is for a period of three (3) years from the date of execution and automatically renewed for six (6) subsequent three (3) year periods unless either party gives a minimum of six (6) months written notice, during which time the District agrees that all effluent produced from taps within the District shall not be in violation of any federal, state or City laws, rules or regulations, or any other applicable governmental regulations or the perrilits under which the City operates its sewage treatment system. City agrees, during the term hereof, to treat said effluent and to maintain adequate facilities for treating the same. 2 8 . The District agrees that it will maintain, at its own expense, all lines now owned and operated by the District, it being specifically agreed that City assumes no responsibility should any of the District's lines become clogged, damaged, or require maintenance. The District shall, if it deems necessary, notify its users of the District's procedure to remedy service disruption. 9. The City is providing only sewage treatment service and, pursuant thereto , permits incidental to the use of the City's sewage lines shall be governed only by this individual Contract with the District and the City does not, by this Contract, offer treatment service except in strict accordance with the terms hereof. This Contract does not offer, and shall not be construed as offering, sewage treatment service to the public generally or to any area outside the limits of the District's service area described in Exhibit A. 10. This Contract may not be assign_ed, sold or transferred by the District without the City's written consent. · 11. Should any federal law, rule, permit or regulation or should a decree or order of a court render void or unenforceable any provision of this Contract, in whole or in part, the remainder shall remain in full force and effect. 12. The District shall enforce this Agreement and each of its terms and conditions within the area described in "Exhibit A." The District shall refuse to serve a user or potential user; disconnect the service of any user pursuant to appropriate law; or take other appropriate action in the event of: a. Nonpayment of such user of any charge made by City for services; b . Any violation or noncompliance by such user with the terms of this Agreement; j c. Violation or noncompliance by such user with the applicable laws, rules, permits or regulations of the City, the United States government, including the EPA, the State of Colorado, including the Department of Health, or other law, rule, permit or applicable regulation. · 13. . Continued breach of this Agreement by the District and/or its users shall be considered cause for the City to terminate this Agreement. Should the District fail to promptly rectify a breach of any provisions identified herein, after notice thereof, City may take such steps and do such work as it deems necessary to enforce this Agreement, including litigation and specifically a right to injunction or specific performance against the District or any of its users as is necessary to protect the City's system and operations. The prevailing party shall be entitled to expenses and costs of suit, including attorney fees. 14. Should more than one district be connected to a sewer line, all districts on the sewer line who are in breach ofthis Agreement shall be jointly and severally liable for any such breach ofthis Agreement and each such district shall immediately, after notice, rectify any problem or condition detrimental to the treatment process arising within its legal 3 boundaries. When more than one district is connected to a sewer line, and the City discovers any violation of the terms of this connector's agreement; the City shall not be required to prove which d,istrict is at fault but shall make available to all such affected districts all information developed or accumulated by City pertaining to such breach. Nothing contained herein shall preclude a claim for indemnity or contribution by any District against another District connected to a common sewer line. CRS-13-21-11.5 shall govern the percentage of liability of any district on a common sewer line in the event the City seeks to impose liability based upon negligence or fault. 15. This Contract shall not be used as a legal defense or prohibition to the mandatory consolidation of facilities by either party as may be required by the laws of the State of Colorado of all existing sewer collection systems and facilities to a governmental entity created to assume responsibility for sewer service in the area in which both City and State are a part under statutory or constitutional authority. CITY OF ENGLEWOOD, COLORADO James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, City Clerk COUNTRY HOMES METROPOLITAN DISTRICT ~(i ·~ STATE OF COLORADO COUNTY OF (J@.pa.fbCJQ_, , Chairman ) . ) SS. ) The foregoing instrument was acknowledge~ before me this ];)~day of Q1frjb£.)L , 2009._ by nlicP1ctd 11111essina,, o.s Chowmo.in of w Coon-h'I Homes rneJro pol/ f0-f1 'Dt::itrlc±. . . . , Witness my hand and official seal. My Commission expires: 9-o-;o/3 , . ., .. ~ ....... ...,~ '" ' -~ ... , ~//JJLJ NDT YPUBLIC ~ ·' . __ , 4 EXHIBIT A LEGAL DESCRIPTION .. COUNTRY HOMES METROPOLITAN DISTRICT Country Homes Metropolitan District consists of Parcel A and Parcel B. Parcel A consists of the Country Homes Subdivision, Lots I through 24 inclusive, except for Lots E and A which are a re-subdivision of Tract (Lot) 15 . Parcel B consists of those lots (eight in number) that are shown on the drawing attached hereto as page 2 of this Exhibit and incorporated herein by this reference. Page 1 of 2 /4 COR. 2-5S-68W c. HAMl'OEN /JVENUc --;;=;;~~;;;:;;;;:;~~~~~~~~~ 1!4 ~ > n -; -"\ II 5 ttllS EUlllT 11 A GlA'"IC OftlCllOlf Of lft[ tunlfAf Ne.IEE "EU.OP'OLIJAlll DUHICJ IDUttOAlllU Al IUtuar;o HI f)IE OfCIH' UCOlOlO Ill ·IOOC: J6.U., P/.Ci( Jn, AlA~AHot to.lllY 1£COflOS. fNU lXMltl I 1$ NOi UllUOCO 10 JICLLDE IUlVU 'UI UOUllDIUl'U Al DCllHlO IN C.U ll·51·102, _ _.. 2J 22 G 21 20 20A NOMCI ltCJUllDIYl.llON Of' 111At:r "·I.I /9A 19 14 18 . 10 9 ~1----------.... l' ~ ltOMEI 6416DIYUIO/f f1112c,tl_ < /J ~--- 200 0 200 SCALE• I"• z-00' COUNTRY HOMES METROPOLITAN DISTRICT -.r 400 ' BERG HILL GREENLEAF & RUSCITTI LLP ATTORNEYS & COUNSELORS AT LAW 1712 Pearl Street • Boulder, Colorado 80302 David G. Hill Partner Daniel L. Brotzman, Esq . City of Englewood 1000 Englewood Parkway Englewood , CO 80110-0110 Re : September Invoice Dear Dan: Tel: 303.402.1600 •Fax: 303.402.1601 bhgrlaw.com October 9, 2009 -' OCT 1 3 2009 ·; :f ' 1, ; ........ i Enclosed please find our invoices for professional services on water matters for September 1, 2009, through September 30 , 2009 , in the amount of $30,958.25 , with a total for the year of $365 ,355.35. The amount for this billing cycle on major cases is listed below: I Name I Amount I No. I FRICO/United & 1999 Appeals (09SA75 & 09SSA133) $ 9,215.87 504 , 712, 722 Milliken (02CW339 & 05CW059) 4 ,2 11.50 660 CCWCD (04CW276) FIDCO 3,745.63 633 Chatfield Reservoir Reallocation Project 3,383.35 720 Stu Fonda has asked us to provide brief descriptions of the reasons for Englewood's involvement in all cases which appear on our bills each month, as well as a brief summary of the work performed by this firm during the month. The following paragraphs contain these descriptions with respect to the matters reflected on the enclosed invoices: Introduction . Please understand that this letter is a confidential attorney-client communication. Please keep it confidential. Daniel L. Brotzman October 9 , 2009 Page2 The largest billing number shown above is the combined bills for the ongoing FRI CO/United/East Cherry Creek cases. Those bills are for 1) the 1999 Agreement appeal , 2) the appeal of the main FRI CO/Burlington case ; and 3) the ongoing FRI CO change case in the Water Court, which is now primarily an application for a stay of the Water Court order cutting back on diversions at the Burlington headgate. Our work consisted of motion practice concerning 1) the Applicants ' efforts to obtain a stay of the Water Court's order and 2) responding to an effort of the Applicants to obtain a strange bifurcation of the appeal into several parts. The Supreme Court denied the bifurcation request and motions are still pending concerning the stay. In addition, we received the answer briefs in the 1999 Agreement appeal, and commenced our review of them. The next two cases were applications of the Town of1Milliken and Central Colorado Water Conservancy District. In both cases the Applicants sought to change their rights in very senior ditches which impact Englewood's rights. In both cases , the Applicants ' proposed decrees had inadequate accounting provisions and inadequate provisions to prevent expanded use. We engaged in extensive negotiations and some discovery in both cases. The Milliken case has been settled on a reasonable basis. It appears to me that we are very close to settling the particular Central Colorado case on a basis we can live with . More information can be provided on request; there are some very interesting new legal and engineering issues in both cases , which will probably come up again, and perhaps will need to be tried in some future case . The final case listed above is the effort to obtain enough water from Chatfield Reservoir to alleviate Englewood's hardness problem. On the "good news" side, Denver has of course commenced to negotiate with us on the problem. On the "bad news" side, the negotiations are going quite slowly, and we need promptly to provide information to the Corps of Engineers and the EPA concerning the problem The remainder of the cases are described below. 1. General (#001): This matter is our general file for work not attributable to specific cases. In some instances, the work is not specific to a particular matter. In other instances, the time spent on any individual matter is not large enough to justify a separate bill, but the time on the group of matters is significant. This includes charges related to general calendaring, reviewing various daily incoming pleadings and correspondence, overall case management and other activities that are not case specific. It usually includes preparation of many statements of opposition. 2 . City Ditch Municipal Use (#166): This matter will encompass the research being made into the proof of Englewood 's entitlement to divert on the 1860 City Ditch decree , which was originally decreed for irrigation. We presented a memo with elaborate attachments for Stu Fonda and Dan Brotzman to review and sent same to Casey Funk, counsel for Denver. J?rint Version > City leases a parcel of Douglas County property englewood herald > news City leases a parcel of Douglas County property By Tom Munds Published: 10.15.09 A-rl .. A potential source of new revenue came available as Englewood reached agreement to lease 12.8 acres of city-owned land in Douglas County to an automobile dealership. Mayor Jim Woodward announced the agreement at the Oct. 12 city council study session. "For now, the dealership puts $200,000 in escrow and the city draws $10,000 a month in lease payments for the land while all the developer gets all the necessary permits to start construction," he explained. "The lease payment goes up to $17,875 a month when construction starts or, at the lastest,in June of 2010 . When the dealership opens or in April of 2011, which every comes first, the tenant will pay the city $428,928 a year to least the land." The land is along Lucent Boulevard between the Highline Canal and C-470. The dealer, TI of Denver Infinity, hopes to start construction by late spring or early summer next year. It is expected to take that long to get all the necessary permits and complete the paperwork with Douglas County. Woodward explained the initial 20-year lease will be considered for approval at the Oct. 19 city council meeting. He added that the lease includes extension agreements that could extend the life of the agreement to a total of 75 years. The land is part of parcel 84, one of several parcels of land Englewood owns in northern Douglas County. City officials knew that much of the land, including the parcel being leased, could not be developed unless a lot of grading work was done. Public Works Director Rick Kahm, who also is a member of the city-created Mclellan Reservoir Foundation, said much of the land was rolling hills that would be difficult to develop. So, a couple years ago, the decision was made to do the grading to make it more usable and desirable for business locations. For example, he said the leased parcel originally included rolling hills 30 feet high. The solution was to move about 125,000 cubic yards of dirt to bring the site level with Lucent Boulevard. "This was one of the projects started at just the right time," Kahm explained. "We were looking to begin grading in 2008, about the time development of Fairfield Homes was being done adjacent to the property. The result was we sold all our dirt to them and moved it to their sites with scrapers so we actually made some money on the transaction. Had we had to haul dirt in trucks, it would have cost about $11 a cubic yard." In 1953, the city was establishing its water system and were seeking a good location for a storage reservoir. The decision was made to obtain land just south of County Line Road in Douglas County. Englewood wanted to buy just enough land for the reservoir but the ranch owner insisted they could only have the desired area if they bought al l his property. The result was Englewood bought a total of 430 acres of land. 7 http://coloradocommunitynewspapers.com/articles/2009/10/23 /englewood _ herald/news/2 ... 10/23/2009 Print Version > City leases a parcel of Douglas County property Page 2 of2 When it was purchased, Englewood owned with a lot of what then was wide open prairie land with very little aCGess to it. Some of the land has been sold but today, the city owns parcels totaling about 110 acres plus the acreage occupied by the reservoir. Development came to the area and now, the city's remaining parcels are located along roads crisscrossing the area and thus now have the potential to be deve loped. Copyright © 2009 -Colorado Community Newspapers Online [x] Close Wi nd ow http ://coloradocommunitynew spapers.com/articles/2009/l 0/23 /englewood _ herald/news/2... 10/23/2009 ~ yef\~~ ,,.. ........ ,.-~··'' A ,.-/ .. Memorandum City Manager's Office ~ .. · ~ ... :/ ----··-·--------,.. .. TO: THROUGH: FROM: DATE: .. ~ . r ,,/ Mayor Woodward and Memb~f g....ty.Cbll.llcil Gary Sears, City Manager~ Michael Flaherty, Deputy .. Qty.Manager N ovfmbe·r4~-2oo9 . · ·---· ······. ., \ -----SUB)Ec~oun: R==~e~~~~~y S?yin A liances Earlier this week, the Governor's Energy Office (GEO) issued the attached information, "Governor's Energy Office Partnership Model Overview", which describes rebates and incentives for Colorado residents installing energy efficient appliances. These rebates, funded through Federal ARRA (Stimulus) funds, are scheduled for release in early 2010. While the City of Englewood's Water Utility does not currently offer rebates for energy efficient appliances, citizens and businesses would be eligible for rebates through the "GEO Stand Alone Model." Residents or businesses will apply for rebates directly to the GEO and will be available on a first-come, first-serve basis. Examples from the attached document include rebates of $75 for energy efficient (water conserving) clothes washer and $1.50/watt for photo voltaic (solar) systems will be available to citizens and businesses through the GEO. Utilities, municipalities and non-profits may partner with the GEO to offer matching funds for rebates by entering into a partnership agreement with the GEO and assisting the GEO with local outreach efforts. Information on the GEO rebate program will be available through the GEO early in 2010 and staff will cooperate with the GEO in marketing the rebate program to Englewood residents through our web site, the Englewood Citizen and local media. •, 8 Governor's Energy Office Partnership Model Overview The Governor's Energy Office (GEO) is ~ffering a suite of rebates and incentives for Colorado residents and businesses that install energy effidency measures and renewable energy systems . The rebates, scheduled for release in early 2010, are intended to: • Increase consumer awareness and access to energy efficiency (EE) services and renewable energy (RE) technologies • Help Coloradoans save money on their utilities and stabilize their energy costs • Stimulate local economies • Foster sustainable energy efficiency and renewable energy industries that provide quality, local jobs The GE O's public outreach program will be working to communicate all aspects of financial incentives to constituents regardless of what offerings exist in each territory. In short, when a resident or business owner visits the GEO Web site or calls the GEO call center, they will be asked where they are located and told about ALL programs available to them, whether it's a GEO program, a utility program , a local . government program1, a GE O Cap S1 50 ___ _ GEO CJothes Washer Rebate GEO Rebate Amount when Combine d with Local Rebates $75 D GEO Rebate (GEO max rebate S75 ) ~ Local or Uti lity Refrate Figure 1: The full GEO rebate will be avallable u11less the total combined incentive s meet or exceed the GEO cap . funds . non-profit program or a combination thereof. Determining the GEO Incentive Levels Per rules established in the American Recovery and Reinvestment Act (ARRA), energy efficiency and renewable energy rebates offered by the GEO cannot supplant existing energy efficiency and renewable energy rebate programs. This means that existing rebate programs funded by utilities, local governments, or non- profits cannot be deliberately reduced and replaced with ARRA Currently a varying range of incentives are available to residents and businesses in certain utility or local government territories, but there are few incentives that are offered statewide. In effort to provide more equitable incentives for investments in EE and RE measures statewide, the GEO has established the GEO full rebate amount and an internal cap amount for all EE and RE rebate types. The full GEO rebate will be available to residents and businesses unless the total combined incentives meet or exceed the GEO cap. This applies to all rebates excluding Energy Audits. The cap defined by GEO does not 1 EECBG entitled communities should review the EECBG partner model outlined on page 6 . 1 interfere with local incentives, but rather defines a point at Which the contribution of GEO funds stop. In all cases, local incentives will be applied first and the GEO rebate will be added on top of the local incentive. Integrating Energy Efficiency and Renewable Energy Incentive Programs: The GEO's Approach The GEO has identified four possible scenarios for partnering with local rebate programs. These scenarios are outlined below. Utilities, local governments, and non-profits that currently offer, or are interested in offering incentives for energy efficiency and renewable energy are encouraged to consider the following options for participation in the GEO's Rebate Program. 2 GEO Stand-Alone Model This would apply when no local organization currently offers, or plans to offer, EE or RE incentives locally. • For the RE Rebate Program, residents and businesses are eligible for the full rebate offered by the GEO . • For the Residential EE Rebate Program, Colorado residents are eligible for the full rebate offered by the GEO. The GEO will not offer EE rebates for businesses. • The resident or business must apply for the rebate directly to the GEO, and, provided the applicant is eligible, will receive a check directly from the GEO . • Rebates will be available to residents and businesses on a first-come , first-serve basis. Layered Incentives Model This would apply when EE or RE incentive programs are currently offered locally by a utility, local government, or non-profit, or combination thereof at an amount less than the GEO cap. Residents and businesses are eligible for the GEO rebate in addition to the local incentive. • The local incentives will be applied first . • The GEO incentive will be added on top of existing local incentives provided that the total incentive amount does not exceed the incentive cap as defined by the GEO . This applies to all rebates excluding Energy Audits. This will be determined when the GEO rebate application is accessed by the applicant on the GEO Web site. A cap formula in the application will be triggered based on the entered location. This will inform the applicant of the existing local rebate, as well as calculate the respective GEO rebate by factoring in the local rebate. • The GEO assumes that the applican~ will apply for all local incentives • The rebate applicant will apply separately to the local incentive program and the GEO program and will receive two separate checks. • The GEO rebates are available to Colorado residents and businesses on a first-com·e, first- serve basis. • The GEO will refer applicants to the local utility provider to ensure that any required Interconnection Agreements are completed prior to the issuance of the GEO rebate. • Information about both the local rebate and the GEO rebate {and how/where to apply for it) will be presented through the_ GEO Web site and call center. • Local entities are encouraged to include information about the GEO rebate in their outreach efforts and Web sites. • The GEO can produce reports of all rebates issued in the local program territory. These lists can include data elements such as the applicant name, address and rebate product or system details, and the company completing the installation. ·- Partnership Model This would apply when local cit ies, counties or utilities lack the funding and/or the administrative ability to offer local incentives. These entities are invited to partner with the GEO . • Partner provides matching funds** to the GEO for any of the EE or RE rebates offered by the GEO. • The GEO administers the rebate application processing, verification and check distribution on behalf of the partner. • The partner's matching funds **will match the GEO 's funds dollar for dollar. This means the incentive level in a partner territory will be double the amount offered in places where the GEO rebate is a stand-alone rebate. • The total combined GEO and partner contribution will be equal to the GEO cap amount. • The resident or business applies directly to the GEO for rebates in the partner territory. • The GEO issues a rebate check with the partner a _nd GEO logo directly to the applicant. • By providing funds to the GEO , the partner secures funding for rebates in the partner territory **Once those funds a re depleted, applicants in the partner territory may still apply for the GEO portion of the rebate on the statewide first -come, first-serve basis .The GEO and the local partner will develop an appropriate outreach strategy t o market the partnership within the territory. This could include co-branded materials and will be complemented by the GEO's statewide outreach strategies. **This excludes home appli ance rebates wh ich are matched by the GEO on a first~come first-serve basis statewide ** Stand-Alone Local Program Model This would apply when currently e xi sting or planned EE and RE incentives that are offered by local entities exceed the GEO cap . • Residents or businesses el igible for local incentives at or above the cap established by the GEO rebate program are inel igible for GEO rebates because the statewide cap has been met , by the local incentive program. Th is allows maximum utilization -of fonds to areas where _ local incentives are low or non-existent. • Residents or businesses apply directly to the local organization fo r rebates. • Information about the loca ll y offered rebate {and how/whe re to apply for it) would be presented through the GEO Web si_te and call cent~r. Scenario Matrix The table below offers examples of four possible scenarios in the state . The amounts shown are for example only and may not represent the GEO rebate levels or caps that will be rolled-out statewide in early.2010. For example: • Energy Efficiency Rebate-Clothes washer o Full GEO contribution/rebate: $75 o GEO established cap: $150 • Renewable Energy Rebate-Photovoltaic System o Full GEO contribution/rebate: $1.50/watt o GEO cap for PV: $3.00/watt · 3 r----· 1 r:~~ ~~:;~:overnm~nt/N~n-11·~~;;:~,=----=11 consu~er Experie ::-~~~~-jl 1,r-===11r--------~·-11 ·~1,1::·.,G·:,:.·.::o·.·.,= -··:.b·-· ·-·.····::,·····:······.,,····.··.l··-···b·.::I~ ::-::1r1'-~~:l~~~~~:~~~~E~:~:~~Ji::~1:~~~;,~~~r~~~~i~-!~~~-ti~~ -1 1 1 '. 1 1 • • . • • 1: Fu E contn ut1on ava1 a e. i . 1 1 1 1 No existing EE or RE incentives . Ii Cl h h b i website i l I . . •! •· • ot es was er re ate: . .. Ii GEO Stand-• Clothes washer rebate : 'i! $75 J I: Alone I $0 1: b l.I • Clothes washer rebate : $75 ! . : • PV s stem re ate: H 11 11 • PV system rebate' $0 II $l.S~/watt ii • PV system rebate' $1.50/watt I 1 1 •1·J . !l The applicant receives one check from GEO _J . --·-;_-···-·-------·-···--··--··········-···--·-·········-····· .. ····-······-·······--------·-·-·-···-·-·--·---·' ...__·------------...--·------ -------:--------·--··---·-----.. -----·-··-·-·-·-------·· .------···-----·--···-·----···---·--·-----------------·--·-------, ,--------···--····-·····--··-·--···-·-··········-~-----·--·--·-··------·-----·--·-----·------·--··---·-···----.. 1 'ii !! Applicant may learn about both incentives from the local 11 I . . i : 11 program or the GEO program marketing . GEO marketing will I 1 incentive ro rams are 1, • 1 • • . • • • bl . h d b pd g d H GEO contributes up to cap I direct applicants to local incentives and vice versa . I 1s e ut o not excee ·1: 'I · · · · I ___ , ca . i amount Ii Applicant must apply for each rebate separately. , _ayered !J PCI h h b p • Clothes washer rebate: ii 11 . , • ot es was er re ate : ' !l 1! Incentives 11 $50 jj $75 !! • Clothes washer rebate : $125 I II l PV b ii • PV system rebate : ii • PV system rebate : $3 .00/watt 1! 1 i' • system re ate: Ii $1.00/watt 'I ii jl l $2 00/watt '! ! 11 I ! ! · ii !I Applicant receive~ two checks (one from the GEO and one !!I 1 I Ii :I from the local entity) that sum to the totals below. I, I;:-:::...-:::.:.::.::_-_ ==:::: == =--r--::-.::::....--:::::::::-_--: :..-:: . .-::::::::::.-::.: ::..--::..--::.-~c::::=---=---:::...::c::::·.:-.::.:.,1 r ·:::::::::::::.:::. .. :::._:::..:::::.;.:::: ... ::·_::.. ___ ····--··· ......... :.=···-=-···' :: ... :: .... ,:..:::·.:·:.=·; [:.:.,.:::.=.==·=-c:::==:..=::.::.===::::::-..:-.:::::::::.-::::::.:==·==·==.:.:::..:::.c:::-.:.::.:::.:::::·.:::.-c.:::.·=::.:=:::.:::,.::.:::.::.:::::.::::.=::.:.=:=.==::::::=-.::::; 11 lj . . . _ ii · . . . · !' Applicant learns about incentives through co -branded I II Local ut1hty/Go.vernment/non Ii GEO administers program on ·I k . h 1 · 1 .d GEO 1 1 Th 1. 1. I, . f -. h GEO ;: b h If f 11 mar eting at t e oca an . eve. e app 1cant app 1es I I. pro 1t partners wit . 1: e a o partner. 1 1 1• • th GEO b . · I p once via e we site . 1 'I . . ! program . . . lj • Clothes washer rebate : ii !I I' Partnership 11 • Clothes washer rebate. 11, $75 'I Cl h h $150 ** II ! I : · ii • ot es was er: I I $75 i! • PV system rebate: $1.50 i PV $3 OO/ 1 11 11 I p ·1 • system: . watt . Ii i • PV system rebate: !i watt i 11 . 1 l _______________ _J ~-----------=~=~~-:~~~-----------------JL_ _ ___ .. _i _ _ __ _ . _ _ __ _ _ :L~r.e ~-~~!!~~-~!':_~-~-~~~--c-~_~_c-~-~~~~~o !c!_g?s.:.. __________________ jl :----··---·--·---·--·-·---i r . ------~:---····-··-···-·--··»········-· -----------.~------·----------·---Ii . · ii L Applicant learns about the incentive from the local and GEO I I I · II II marketing efforts. The applicant must apply di rectly to the i ! L 1 1 Local incentive meets or exceeds Ii . l! local incentive provider. I ·I P~~:ram .j the GEO cap . Ji Applicar\t ineligible for GEO II I I! Stand-Alone ll • Clothes washer: $150 lj rebate. lj • Clothes washer : $150 ii j • PV system: $3.50/watt I! . !i • PV system : $3 .50/watt I ,. I· . I• ll. _ __ _ __ _j ..JL-',===·=;=;:::=::.::="'"'=:·:==---==j L ~~~'-1..!!~_c_eives ~~-~!:.':.~~~-!~~~}he _~cal i ~~~~~~-gr ~~:J1 4 ' Benefits of Partnership with the GEO By electing to partner with the GEO, the local utility/government/non-profit will receive a number of services and benefits from the GEO: • A designated number of rebates will be reserved for applicants in the partner territory or community. • The matching funds **will increase the rebate amount in partner territories, making the incentive more appealing to local residents and businesses. • The GEO will administer the rebate prograrn on behalf of the program partner, including accepting applications and sending rebate Checks (complete with partner and GEO logos) to applicants. • The GEO will handle all ARRA reporting and verification (Except EECBG Entitled Communities) • The GEO will implement intensive education and outreach to local residents. • The GEO and the local partner will develop an approprie)te outreach strategy to market the partnership within the territory. This could include co-branded materials and will be complemented by the GEO's statewide outreach strategies. Partner Program Contribution As a partner in the GEO Rebate Program, participating utilities, local governments and non-profits will: • Provide matching funds** for the rebates of the partner's choice. • Collaborate with the GEO to draft the matching fund **contract. • Coordinate with the GEO to develop an outreach strategy to market the partnership and rebate program within the territory. • Assist the GEO's local outreach efforts by assisting in the coordination of local events and/or meetings. In addition, the GEO encourages local partners to assist the GEO by providing energy audits for and/or visual verifications of RE systems. Outreach Support for Local Stand-Alone Rebate Programs The GEO's public· outreach program will be working to communicate all aspects of financial incentives to·'·· Coloradoans regardless of what offerings exist in each territory. In short, when a resident or business owner visits the GEO Web site or calls the GEO call center, the applicant will be asked where he or she is located and told about ALL programs available to him or her, whether it's a GEO program, a utility program, a local government program, a non -profit program or a combination thereof. Because of this, the GEO asks that program administrators be open to making various requirements, guidelines and procedures of stand-alone programs readily available to the GEO so that they are accurately communicated to the resident or business owner. In addition, the GEO will be offering a "Community Marketing Grant" to local entities who wish to leverage the GEO's statewide outreach efforts in their territories. This grant will be available to all entities, regardless of their partnership role . Energy Efficiency Community Block Grant (EECBG) Entitled Communities This would apply when an EECBG Entitled Community opts to provide energy efficiency rebates to its residents. 5 • The EECBG Entitled Community provides funds towards GEO rebates. These funds will only be available to residents in the EECBG Entitled Community. • The GEO administers the rebate application processing, verification, and check distribution on behalf of the EECBG Entitled Community. • . The homeowner applies d i rectly to the GEO for rebates in the EECBG Commun ity. • The GEO issues a rebate check with the EECBG Community logo directly to the applicant. • The EECBG funds will be applied to local rebates first. Once the EECBG funds are exhausted, the GEO rebate will be available to EECBG Community residents and local businesses . • The EECBG funded GEO rebate may be layered with utility incentives (see the Layered Incentive on Page 2) or matched by a utility partner (see GEO Partnership Model). • The GEO will provide monthly reports to EECBG Communiti es. The EECBG Community is responsible for ARRA reporting. • The GEO and the EECBG Community will develop an appropriate outreach strategy to market the rebates within the EECBG Community. Fo r EECBG funded communities GEO rebates will be applied as demonstrated in the table below. G EO i ns u l ati o n a n d Afr SeaHng Re bate GEO Re b ate A rrount •Nhe n Corrbined w ith Loca l Uti li tv Re bates $2 0 0 $4 00 $400 D GEO Rebat e (rn ax re b at e $4C>D ) ~ Local ::·r Utiiity R-ebat e 6 Wit0L ~ ~ 13~ 1~ T~ 8) Z-ovB Councilmen Bob Moore and Bill Woodward entered at 5:15 p.m. 4. CITY DITCH BETWEEN OXFORD AND PRINCETON. Councilman Bob McCaslin receiv ed a letter from a resident concerned that the City Ditch on S. Huron between Oxford and Princeton will be piped or filled in. Stu discussed the City's concern regarding the City Ditch in this section because the bank is eroding and the resulting sloughing may endanger the adjacent street. It was also noted that the ditch must accommodate stormwater events. Costs and risks of various options are being evaluated. Once options are determined, concerned residents will be invited to a future Water Board meeting to discuss . 5 . LOW FLOW APPLIANCES . The Utilities Department received a request from Council for information regarding grant or refund programs to Englewood residents for low flow appliances. Utilities staff responded with a memo to Council that discussed why Englewood does not participate in these programs. The memo states Englewood has adequate water to meet its present and future development needs along with excess water to lease to Highlands Ranch, significant water conservation has been achieved without a rebate program, that funding the programs would have to come out of water revenues and Englewood's aging sanitary sewer system requires higher flows to function properly. Another item noted was that new construction would be required to install water saving fixtures. The Water and Sewer Board discussed the issue. 5. GRANULAR ACTIVATED CARBON LEASE AGREEMENT . Carbon filters have been used successfully for effective taste and odor removal. The granular activated carbon (GAC) removes the organic and inorganic material in Englewood's water supplies which causes the taste and odor problems. Carbon filters have been used successfully for effective taste and odor removal. The GAC is leased since carbon requires periodic regeneration and possibly correct disposal according to Colorado law. The existing ACMS Lease Agreement has been providing these services but has expired. ACMS is no longer in existence, but its affiliated company, A.A.E.T. (American Anglian Environmental Technologies, LLC) has taken over that line of business. ,. . To: L€!~h Ann About: Council Request 07-187 \ Regarding request 07-18T, . .the Community Development Department would handle any environmental grants for residences or businesses. The only environmental rebate or assistance program they know to be currently available would be the Brownstone grants. Application is made through them. Also, we believe energy conservation programs (like peak demand programs) are available through Xcel Energy. Application is made directly to Xcel Energy. There are no energy savings programs in the city. The Englewood Water and Sewer Board has previously discussed the subject of rebates for water saving appliances and fixtures . Some of the issues considered were: , 1) Englewood has enough water to meet its present and future development needs. We currently have enough excess raw water to lease a significant quantity to Highlands Ranch. 2) Significant water conservation has been achieved without a rebate program. Englewood's reductions in water use exceeded most other cities when water restrictions were in place for the other cities . Englewood has not had any water restrictions . We believe our customers may conserve to avoid mandatory restrictions. Transferring customers from flat rate to meters has also had a significantly positive effect on water use reductions . 2) Funding for the programs would have to come out of water revenues. We would have to add staff and acquire the expertise to run the programs. Current employees do not have any expertise in this area 3) In Englewood's aging sanitary sewer system (circa 1920-40) higher flows are needed for the syst em to function properly. Many of the old sewer pipes are flat and the insides are rough and irregular. In some cases low flows allow the solids to settle out causing blockages . 4) New construction is presently required to install water saving fixtures. This item will be presented to the Water and Sewer Board at their meeting January 8, 2008. John