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Home My WebLink About2009-04-14 WSB AGENDA> WATER& SEWER BOARD AGENDA Tuesday, April 14, 2009 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE MARCH 10, 2009 MEETLING. (ATT. 1) 2. GUEST: JANE JORDON, 1020 E. BATES PKWY. RE: SEWER BACK-UP (ATT. 2) 3. FRONT-END LOADER PURCHASE. (ATT. 3) 4. LICENSE AGREEMENT -TURN-OUT GATE FOR 2890 S. CLARKSON ST. DIANA & LEIGH BRAY. (ATT. 4) 5 BIG DRY CREEK INTERCEPTOR REFUND DISTRIBUTION. (ATT. 5) 6. UPDATE FROM DAVID HILL DATED MARCH 5, 2009. (ATT . 6) 7. ARTICLE FROM THE DENVER POST, "HAZARDS IN THE WATER," DATED MARCH 22, 2009. (ATT. 7) 8. DELINQUENT ACCOUNTS REPORT. (ATT. 8) 9. ENERNOC CONTRACTS . (ATT. 9). 10 . MEMOS FROM TOM BRENNAN, DENNIS STOWE AND CHONG WOO RE:AMERICAN RESOURCE AND RECOVERY FUNDS. (ATT. 10) 11. OTHER. WATER AND SEWER BOARD MINUTES March 10, 2009 AT I. I The meeting was called to order at 5:04 p.m. Members present: Members absent: Also present: Clark, Moore, Cassidy, Wiggins, Woodward, Habenicht Bums, Higday, Oakley Stewart Fonda, Director of Utilities 1. MINUTES OF THE FEBRUARY 3, 2009 MEETING. The Englewood Water and Sewer Board received a copy of the minutes of the February 3, 2009 meeting. Mr. Woodward moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. To approve the minutes of the February 3, 2009 Water and Sewer Board meeting. Clark, Moore, Cassidy, Wiggins, Woodward, Habenicht None Bums, Higday, Oakley 2. LICENSE AGREEMENT -PUBLIC SERVICE REP AIR AT WINDERMRE AND BELLEVIEW PARK. In December 2008 there was a break and a resulting short in an underground electrical conduit at approximately S . Windermere and Belleview Park. Excel Energy Services, as agent for Public Service Company of Colorado, requested permission to make an emergency repair in the City Ditch right-of-way. A Grant of Temporary Construction License was approved by the City Attorney's office and signed by the Utilities Director on December 16 , 2008. Public Service Company of Colorado agreed to issue a license agreement for the electrical conduit crossing under the City Ditch after the project was completed. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the encroachment into the City Ditch right-of-way provided by the Licensee . The City reserves the right to make full use of the property necessary in the operation of the City Ditch, including the conveyance of stormwater runoff. Mr. Wiggins moved; Mr. Habenicht seconded : Ayes : Nays: Members absent: Motion carried. To recommend Council approval of the License -City Ditch Crossing Agreement to the Public Service Company of Colorado for a conduit in the City Ditch right-of-way on Windermere. Clark, Moore, Cassidy, Wiggins , Woodward , Habenicht None Bums, Higday, Oakley 3. FEE FOR AFTER HOURS NON-EMERGENCY WATER SERVICE CALLS. The Utilities Department has no fees in place to cover expenses when customers request an on-call, after-hours employee to respond to a non-emergency situation. Administration staff encourages the customers to have the service performed during regular business hours , but periodically the customer insists on an evening or weekend appointment. John Bock, Utilities Manager of Administration, appeared to recommend that a $75 fee be charged to the customer for after hours, non-emergency customer service calls. The fee is based on the minimum two hours of over time, at time and a half and the cost of the call out vehicle. If the after hours appointment is due to the department's inability to provide an employee during regular business hours or the after-hours appointment is to turn water back on at a delinquent account the same day it was turned off, the fee will not be charged. Mr. Habenicht recommended that a service fee of $150 for the first hour and $75 per hour after that was a more realistic amount. The Board concurred. Mr. Habenicht moved; Mr. Woodward seconded: Ayes : Nays: Members absent: Motion carried. 4 . WATER RIGHTS UPDATE. Recommended Council approval of a Resolution to impose a $150 fee for the first hour and $75 per hour after that for non- emergency, after-hours Utilities Department service calls. Clark, Moore, Cassidy, Wiggins , Woodward, Habenicht None Burns, Higday, Oakley The Board received from David Hill, Englewood's Water Attorney, water rights updates dated February 25 , 2009 . Stu discussed developments in water litigation cases in which Englewood is involved. 5. GUESTS : JOHN BOCK -UTILITIES ADMIN. MANAGER, TOM BRENNAN -UTILITIES ENGINEER AND BILL McCORMICK -OPERATIONS SUPT. John Bock, Tom Brennan and Bill McCormick appeared to discuss upcoming Utilities projects scheduled for 2009. 6. INSURANCE OFFER TO AREA RESIDENTS FROM HOME SERVICE. John Bock discussed an insurance offer to area residents from Home Service Company offering an insurance policy which covers leaks in the customers' water service line. John noted that residents are under no obligation to accept and the likelihood of a water service line leak depends on the age and type of the pipe. If the pipe is copper it is less likely to leak than galvanized pipe. Homeowners are being encouraged to contact their homeowner' s insurance company to compare services. The next Englewood Water and Sewer Board will be held Tuesday, April 14, 2009 at 5 :00 p.m. at the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary To: City of Englewood Attn: Cathy Burrage Re: Appeal -Englewood Water and Sewer Board Cathy, AIT. 2 Per our conversation, I am requesting an appeal to the Water and Sewer Board regarding property damage to my property at 1020 East Bates Parkway on 02/17/09. Attached are letters that have been submitted to John Bock, Utilities Manager of Englewood; Warren Brown, Tri County Health Department; Belfor Property Restoration and Mr. Weatherman, Allstate Insurance for the Board's review. I am appealing that the City of Englewood pay my Allstate Insurance deductible of $500.00 along with the cost of the repairs of my property due to sewer damage. I have enclosed copies of the bids I have received regarding repair of the property. In addition, I would 1ike it put in place, that all City of Englewood residents receive some sort of written notification from the City when. Sewer proble~ have occurred on their street. 'Thank you very much for your assistance in this matter. This is a costly expense to me to repair, as you can well understand. Thank you for your time and consideration. I look forward to hearing from you in writing in the near future. Sincerely, Jane Jordan Home# 303-783-9557 Work# 303-238-1231 ~~: Mr. Weatherman, Allstate Insurance Co "· PROPOSAL NO. 37. v SHEET NO , WORK TO BE PERFORMED AT: i-----......._··· ":z""'-2""'""'Y.____ _ _J D~E I --1-(:) <f DATE OF PLANS "PHONE 1'!0 . ARCHITECT All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawin s ancl specifi· cations submitted for above work and completed in a substantial workmanlike manner for the sum of e V ~ "-"' "JJ ~ tfo l(b-a~ J C/j br7 riJE: /)<o/l#~_Dollars ($ 785 .~ ) with payments to be made as follows . Any 11Mration ::>r devta tJ on from above specifications Involving extra cosls wm be executed only upon wrttOOn order, end will b~omc an extra charge over and above the esttmete . All ~reemerrts contingent upon strikes. ac- cidents , 01' dslays be yond our oon1rol. Note -This proposal may be withdrawn by us if not accepted within.l!L_days. \·::.: '. ·:···\"~,.:·;·;:"_ (>.·~;:· ·.,. .· .f .. ':: ACC~~tANCE'.~OF:#~O~AL . ·: -;, .. ,.,:·'. 'The ~ove prices. specifi~ns;· and' condltlonS . 'are ~tlsfaetory ··at;d '~re ~hereby . accep~ .. .You ~$specified. Payments wOI be made as outlined above .. . . . : ·.~·.' . sre authorized to do ~he work Signature ____ _,_ ______ ~-------·---II Signature -----~--------~--------11 9!·..i.nn NC 3S 1 B-50 PROPOSAL ' INVENTORY OF DAMAGED PROPER.TY 1020 EAST BATES PARKWAY ENGLEWOOD, COLORADO 80113 *Storage Room+ Beneath the Stairwell Area rug ....... Value approx $50.00 Misc. baby toys, stuffed animals, curtai~1s, linens, blankets, personal memorabilia (6 large black garbage bags full) ........ approx value $400.00+ .: 2 pairs of shqes ................. approx value $30.00 Tent ................................ approx value $35 .00 The above items are hard to estimate the exact value of -a majority of the damage was to "special items" I had put in storage. Jane Jordan ' c T y .T ane Jordan I 020 E. Bates Parkway Englewood, CO 80013 0 F ENGLEWOOD Re: Sanitary Sewer Backup and Remediation Dear Ms. Jordan: Thank you for your .letter of February 27, 2009. It is always important to us that we get feed back from our customers . The first concern that was raised is about notifying residents when a sewer backup occurs. In light of the Utilities Department's legal responsibilities, its policies and procedures, and from years of practical experience, we have found tbjs is not really necessary .. When a sewer main blockage occurs,;. and sewage backs up into someone's basement, one .of two things typically occur: the homeovvner calls Englewood · immediately and our crew relieves the blockage, or, the homeowner calls a. plumber, the plumber determines that the blockage is in Englewood's main, Englewood is notified, our crew relieves the blockage and we reimburse the homeowner for the expense of calling out a plumber for a City problem. The City gets notified either by the homeowners or by their plumbers. However, we believe your suggestion does have some merit, and will be the subject offu~er policy dii;cussions. The second concern was about the cleanup services offered by the City. It is importap.t to understand that, under Colorado S~ate law and the ·Englewood Municipal C~de, so ~ong as the City is not negligent in its maintenance .of the sewer collection system. it is not liable for any loss or damage that may occur aS a re~ult of a blockage in the sewer main. ln actuality , all the City is legally required to do is maintain the sewer main and nothi1,1g . more. However, because of the traumatic nature of a sewer backup, because of the -health concerns, and because an ordinary homeowner would not likely know how best to handle the situation, the City, as a purely voluntary, good wHl gesture, has elected to handle and pay for basic cleanup services. As part of the effort to make the basement safe to occupy, drywall flood-cuts maybe necessary, whether by the City's contractor or the homeowner. This is necessary to allow for effective cleaning, drying, disinfec,ion and mold prevention behind the walls . The City does not replace the drywall because this falls into the arena of reconstruction, which is beyond the services the Water anq Sewer Board has approved. 1000 Eng lewood Parkway Englewood, Colorado 80110 Phone 303 -762-2300 As you .know, we have contracted with Belfor Property Restoration to provide cleanup services on the City's behalf The services Belfor may perform are limited to those approved by the Water and Sewer Board and are listed on the notice you signed. Two avenues of further appeal are available) should that be desirable . First, an appeal may be made directly to the Englewood Water and Sewer Board. Please call Cathy Burrage at 303-762-2636 for more information. Second. a letter claiming, itemizing and estimating damages may be submitted to the City who, in hull, will submit it to our insurance carrier . That letter can be set.me for proper handling . If you have any questions or neai assistance, .feel free to conlact me . Utilities Man.ager of Administration. 303~762·2643 Fax 303-783-6894 jbock@englewoodgov.org . cc.: Wm J3.rown , Tti. .. Col;lilty fiealth .Dept. .. . ,,....... . . '. . ··I'.. "-;....:1...-· ... """ .••.•• '.. . . • . 04/07/09 To: John Bock, Utilities Manager Fr : Jane Jordan Re: Property Damage Mr. Bock, Per your request, is the Itemization of Damages to my property to be submitted to your Insurance carrier. Thank you so much for your help with this. If you have any questions, please call me at# 303-238-1231 (work) or# 303·783-9557 (home). Jane ~~ Cc: Mr. Weathennan, Allstate Insurance MA K -1 1 -~uu~ WED U ~:~8 PM Tri County Complaint Tri-County CO -Complaint Investigation Date ~ecelYed: 02127/2009 Cate Entored: 03f04/2009 Establjshment Information Eatabllahm9nt: 10 Number. 5181 Facility Nam~: Private Residence Address 1: 1020 E. Bates ParkWay Address 2; City: Englewood State: CO Phone: (303) 783·EJ557 Owner Information Owner Name: Jane Jordan Address 1; 1020 E. Bates Parkway Address 2: City: Englewood · State: CO Phone: (303) 783-9557 :Zip: 80113 ,Zip: 80113 ~. uu i:'. Page 1 of2 Service Requested: Sewage entered the basement of the hc;ime at this address on 2/17/09, due to a backup in I sewer line In the street. Sewer line is owned by the City of Englewood . · Caller Information, Caller Name: Jane Jordan Addres91: 1020 E. Bates Parkway Address 2: City: Englewood St.tte: CO Home1 Phone: (303) 783-9557 Work Phone: (303) 238·1231 Cell Phone: Email Addren: Zip: 80113 http://td.co.gegO'V.com/webadminlpaper!__paper_co_complaint_fonn .cfin?complaintID-51... 3111/2009 . ·- MAR-11-2009 WED 03:34 PM __J!i County Complaint ComplailJt lnformatloo Territory: EHS AHigned: John 6ergstrom Taken By: gsa Programs: 261 -Sewage Spills Date: 03/02/2009 lnvestlsiatlon Report Recor$ p, 003 :Page 2 of2 Plndlngs: Warren Brown reviewed Ms. Jordan's 2127/09 letter and called lier to discuss the oomplalnt. She ms concerned abOut the lack of communication between Mr l!ll'\d the City of Englewood and 801for Property Restorsuon, Englewood's remediation contractor. Ms. Jordan stated that Belfor had done cleanup work In her home and had Mmoved the drywall that h been in contact with the sewage. Sne expressed concern tnat 13~1for would not replace the drywall that had been removed. Warran Brown caned Jon Sock, with the City of Englewood Utllltles Department, to dlecuee Ms. Jordan's concema. Mr.13oci<. explained that It was not posslhle to notify every homeowner tha~ may be impacted whenever they have a blockage in a sewe main. They rely upon the propeirty awners to contact them. If the owner hire& a drain cleaner, who then lmorma them the blockage Is In the main, they will pay for the drain cleaner. Mr. Bock explained that they retain Bell'or to do clean1.1p of sewage into b$semenl9, If the spill is the llilsult of~ sewage backup In a ~wned sewer line~ 3ven (ttough they are not legally requil lo do so. They provlde each owner written noticit gxplaining what lt\ey wlll and wm ~ot do to remedia~a the spfll. Warren Browi Informed Mr. B·;ek that Ms. Jorden was concerned that the •rock boxw Bettor M.d ofaced on her door had not been removed. ~ stated that he would call 891for to get that removed . He also stated that M$. Jordan could send a letter to l'lim or can if elie is r satls~ed with the City's response. Time $1>4nt: 01;00 t::>1ata: 03/1112009 Flndtng~: Tri-County Health Department Is saHSlled thet tne Ci(y of S.nglewood has taken reasonable and approprlaie measures to addr~ th9 sewage beekup. If Ms. Jordan has additional concerns, at1e stiould contact the City of Englewood lo 'foltow up on those concerns. Time Spent: 0:05 NOV Issued Date: St~uii: Cloaed httn:lltd.co.2eizov.com/webadmixv't:>aper/ f!!l'Per co complaint_fonn.cfrn?compls.intID=S 1... 3/1112009 ' ... '· Apr 07 09 10:32a server printer/ scanner 3039870934 I°. 1 weatherman Insurance Agency 9150 W Jewell #6 Lakewood, Co 80232 303-987-9076 To whom It may concern: On or about 2/17/2009 Jane Jordan's property 1020 E Bates Pkwy, Englewood, Co 80113 was damaged by sewage which emanated from lines owned and maintained by the city of Englewood. The clean up was addressed by a contractor hired and supervised by the city but damage to the structure such as drywall etc was not repaired. By contracting a mitigation crew and paying for this service the city is as much as admitting their responsibility. The additional damage and/or any deductible should be the responsibility of the city of Englewood at this point. Thi!! assumption that a homeowner'!> po Irey automatically covers these types of damages Is not necessarily true. In some cases the potlcy has not been endorsed for water backup damage and in the event the endorsement does exist the carrier has the right of subrogation against the causing party or source. If you have any further questions please feel to c:ontact me: Allstate Insurance Company 303-987-9076 Policy 920009602 PROPOSAL NO. 37 SHEEiNO . G_·12Y DATE _!l_:_l-0 ~ PROPOSAL SUBMITTED TO : WORK TO BE PERFORMED AT: AOORESS . · . <··4M t= ' - DATF. OF PL.llNS PHONE NO . ARCHITECT All material is guaranteed to be as specified, and the above work to be performed in accordanc;swith the drawinH and specifl· cations submitted for above work and completed in a substantial workmanlike manner for the sum of e. V -e. ~ · <.J ~ _ -· a"'-~ £/J h--r-7 5~€ /)-o//41(.S. __ Dollars ($ 785" !!£!-} with payments to be made as follows. · Res-1t1lly submltte .4if ~ , , ~-----11 '"' '"~'"" "' """'"" "'"" .............. """"" .... -~ J ~ wlll be exl!cuted only upon written ordor, 1100 Will b9come an eXlra charge Per T £ .M,. (' ~ ~f .t{ r(/ ~ ·;,,· ovsr and 3bove the ostlmate. All agrooments conUngenr upon s1rlkes. ae-1--i -· ~..L.l~"--'----'..._ __ _ Cidents, or delays beyond our con1tol. Note -This proposal may be withdrawn by us if not accepted within .L!l_days. ·_ . . . ACCEPTANCE OF PROPOSAL . ! /The abOve prices , specifications and conditions are satisfactory and are hereby accepted.· Voll are authorized to do the work • as specified. Payments will be made as outHned above. . . :._ . Signature ___ , __________________ .. Signature---------------------- ,a.-... NC 3818·50 PROPOSAL All Ways Handy . •' 1330 Fre5rio ct.-.---' -.,~.: .. :-"--.'-:·.-.. ,·::··: ~.-~----·-.. · ·. · Broomfield, CO . 00020 · · · Phone 720.448.3822· . . . · ·:.: .:;' · .. : '•• ..... . . . . . . .. ·.' . · .... ·: Descr'iption MATERIALES: Tw0 sheets dry wa1·1 1 box mud 1 toll tape 1 stidc comer bead . 1 bag texwre paint LABOR : Hang drywall . Tape & 3 coats of Mud Sand · Spray texture Paint ···-· .. : .. ......... . : ~ .' ' . . . . . · '' . · .: . · .. :· ''• Proposal . ,. · .•. ..:---! .. ___ ~_. ,.:.., __ ...!,. __ .:....t.\· •... ·. __ : _______ . ~·---'--'----·--· . · ....... · .. . '.' ....... ·· ... ,..·· . . .... · .. ·· . . . . : . . Cost 100.00 800 .00 TOTAL: 900.00 ,·. ' .. · PROPOSAL #[100] DATE: MARCH 17, ::2009 · ... 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V 11t>_~f)_/1.Jf..'!!_(d_f!_t/!a>_! _ _j_¥_S_. __ >-f I~ :__/}_ __ , ...• -----····-·~··-·-~ __ _ _ 3 __ TY.B~ .. ~_fl£ __ ~11Qe ____ EQ,e. -·.--fh~_y):::__er-t~<O~-· ---·-·-.:..·.-------t~--·~---. a 5 _E!.__f)c_J!tf'-1 ~/: __ .,$rts.ii" ---·~ .. ~~~-~ -s_,q > ~ .. ..:·--·------·--------~ .'.: . ~----~.,-- :.-12719 !:._ ___ ,Op#-~ ..2..0 ~_.~_3_ .. ~l()_l&J..J./:LL"4,_ _ _fe.£Q.IS,. __ f/N_q ___ &-~it LI!---- . . . . . \I .. -----~-__,...-__ ___-::dlJf/-£, --~Tf}-3_<;,_j/gt_:; ___ .. ~·~·--·------·--11 ----- ---·----·----~-------·----·-----~---··---·-··--~---... -·-·---··-*----.-----. I! ·--~----.. --.. ··----···-·'"'---.. ----'1 ~--~~-. 'j ··---··-------- -·····-·-··----------~-·-·--"···~--· ~·~-~-··--·--:...-~----~··-· ---·--··-·------~! \,_____ i : -··-·~---4~-------- i .I :I ' ·1 I ·I ':! i It ,-.IJstate Property and Casualty Insurance Company AMENDED Homeowners Policy Declarations ~Allstate. YoLlre 111 good hands . .• Summary HAMED lNSURED(S) Jane M Jordan 1 020 E. Bates Pkwv Englevro-0d co 80113 -1714 POLICY NUMBER 9 20 009602 03124 LOCATION OF PROPERTY INSURED YOUR AllSTATE AGENT IS: Weatherman lnsAgy 9150 W Jewel Ave Lal!awood CO 80232 POLICY PERIOD Begins on Mar . 24 , 20(}9 at 12 :01 A.M . slalldard time , wi lh no fixed date of ID<J)itat ion 1020 E Sates Pkwy , Englewood , CO 80113 -1714 MORTGAGEE • FlAGSTAR BANK FSB ITS SUCCESSORS &/OR ASSIGNS Po Br>x 7026 Troy Ml 49007 -7026 CONTACT YOUR AGENT AT: (303} 987 -9076 PREMIUM PERIOD Mar. 24, 2009 to Mar. 24 , 201() at 12:01 A.M. slandard lime Loan 1500377851 O Total Premium for the Premium Period rrourbifl wilt bemaited separare1y1 Premium fo r PfOperty Insured $891 .GO TOTAL 1691 .DD Yf1Ur 1all11 cmm11(s) a" itlfftlft• n ol Mlf. 24, 2DD9 r --- ..... ";' 11 Allstate Property and Casualty Insurance Company Polley Number: g 211D0960203/24 Your Agent WH•h1rm1n Ins A!IY {!llll) g97.9117i; For Premium Perlod Beginning: Mar. 24, llllt9 COVERAGE AND APPLIC'ABLE DEDUCTIBLES (See Polity lo/ Applh:able Turns , Co111titions and Eirdusions) LIMITS OF UAB!UTY Dwelling Protection • $5QO All Peril Deductible Applies Other Structures Protection • $500 All Peril Deductible Applies Personal Properl'j Protection -Reimbursement Provision • $500 All Peril Deductible Applies Additional Living Expense Family Liability Protection Guest Medical P rotectloo Waler Back-Up • $50Q Water Back-Up Deductible Applles $188,(}00 $1S,BOO $131,600 Up Tc> 12 Months $300,000 $2,500 $1,500 DISCOUNTS Your premium reflects the fallowing discounts on applicable coverage(s}: P rotecli11e Device Claim Free Home and Auto Age of Home RATING INFORMATION The dwelling is of Frame conslruction and is occupied by 1 family Your dwelling is 2 mlle(s) to the lire departmant each occurrence &ach person ,4tstate Property and Casualty Insurance Company ~Allstate . You're In good hands . · Po ll ey Number: g ~o 009602 03/24 Your Agent : W111th1rm1n Ins A!IY (8Da) 987-907& "' For Premium Period Baglnnlng: Mar . 24 , 2009 !. f ·; ., Your Policy Documents :. ,. : ! : I I' l i ' t: ; j : i : I ·,I . I . : I Your Homeowners policy consists of th is Policy Declarations and the documents listed below. Please keep these together. • Homeowners Polley form APC147 -Colorado Mandatory Amendatory Endorsement AP4598 • Extended Protection Amendatory End . form APC148 -Lender 's Loss Payable Endorsement form AU319 Important Payment and Coverage Information The Property Insurance Adjustment cond ition applies using t/le Marshall Swift Boeckh Publications building cost index . Do not pay . Mortgagee has been billed . IN WITNESS WHEREOF, Allstate has caused this policy to be signed by two of its officers at Northbrook. Illinois , and if required by state law, this policy shall not be binding unless countersigned on the Policy Declarations by an authorized agent of Allstate. Frederick F. Cripe President ffiiliJ-6 ~ ('tk ~ - Mary J. McGinn Secretary MCD 2 l-J liiiliii~illiail!ill!lllllllllll~lllll;111~11111111u ln!nrmoll an"li! Mordl1 ~,200SI Paga 3 COOIDMD 03/03/09 To: Chris Weatherman Fr: Jane Jordan 1020 East Bates Parkway, Englewood, CO 80113 Please review my letter to the City of Englewood, Belfor & Arapahoe County Health Department. I look forward to hearing from you soon. Thank you so nruch for your help -I really appreciate it. Jane ~~ Work-303 .. 238-1231 Home -303-783-9557 02/27/09 To: Tri County Health Department Attn: Warren Brown, Environmental Health Director Phone -# 303-846-6225 fax.# 303-741-4021 Fr: Jane Jordan 1020 East Bates Parkway, Englewood, CO 80113 # 303-783-9557 -home # 303-238-1231-work Mr. Brown, Thank you for your return phone call yesterday. The situation I have incmred is that on Tuesday a.m. (0211. 7 /09) when I let my dog outside -I noticed a horrible smell coming from my basement. I went downstairs and saw water on the bathroom floor, beneath my stairwelJ, laundry room floor and also into my st.orage room and larger room I cleaned up the 'W'8ter and then proceeded to call Garvins Sew-er Services who I use yearly to maintain/clean my pipes from possible weeds, etc. (Garvins # 303 ... 571- 5114). Garvins catne to my house and checked the drains an.d found nothing. I then recalled the evening before around 9:00pm or so -I saw a flashing light from my kitchen window. I went outside in front of my home to see what it was and saw that it was a Englewood Utility truck. The utHity truck had a flashing strobe light and was parked on the street on my side a couple of houses up from my home. I asked the Garvins technician if the water backup in my basement could possibly be due to a city water/sewage problem. I was told by the technici~ Adam, that this could be a possibility. I then called City of Englewood Utilities Department and asked what they knew about the Utility truck being on my street last evening. I was told by the Clerk that this call would be referred to the supervisor1 John Bock and that he would call me back. In the meantime, I did not want to go to any added expense with Garvins if indeed it was City problem -so I sent the technician back to the office & said that I would call the office later when I knew more what was going on. (See attached work order from Garvins). . Jordan, J. 1020 East Bates Pkwy, Englewood, CO 80113 Page2 John Bock, Supervisor, Utilities Department, City of Englewood, returned my call early in the afternoon and told me that yes there was a City sewer blockage the evening ofMonday, 02/16/09 and that the City had been contacted by my neighbors. I explained to John the above situation and he told me that the City of Englewood offers cleanup services by Belfor Restoration company to sanitize the basement due to sewage. John encouraged me to use this service. I asked why the City did not notify homeowners who possibly could be affected by the blockage. John informed me that the City waits tmtil the homeowner notifies them of a Problem, John told me that as a homeowner you have a risk factor being connected to city sewer lines. I told John that I did not believe that this was right because a homeowner would not be aware of what the ca-USe of the backup was and would more then likely go to their own expense of hiring a plumber to check into the situation and would have costs of a plumber, cleanup etc, when indeed it was due to the City line. I told John that I thought the City should have the responsibility to contact homeowners with a note on the door or something from the City to make them aware - especially due to unsanitary conditiom of sewage water. This in my opinion, bring5 up the issue of public health/safety. If not notified by the Cityt a homeowner would have no idea whatsoever of what contaminated materials are present in the sewage water that could cause illness. I called the Colorado State Health Department and was referred to consult with you. I hope that you will be able to assist in the notification of property owners in the City of Englewood with such situations. In the meantime, my basement now has cut dty wall that had to be removed due to contamination and Belfor Restoration is infonning me that it is NOT their responsibility to repair this. I am taking this issue also to the Belfor Property Restoration . Headquarters along with the City of Englewood. ' ' Jane Jordan 1020 East Bates Parlcway, Englewood, Co 80113 Page3 I have also faxed to you the only copies of paperwork I obtained from the City of Englewood and also Belfur Property Restoration company that day. A City of Englewood employee came to my home and had me sign the consent to have Belfor come into my home for sanitization and evaluation of the damage. He told me that I did not have to read this consent-just to sign it because it was just for Belfor to come into the home . This employee also told me that I should get a backwater valve replaced in my drains for preventative measures. The cost of this is $153.50. (Gaivins-attached invoice). Two Belfor Property Restoration employees arrived at my home for inspection of the damage. I was told by the employees that the drywall would need to be cut and sent to a lab for testing fur abstestos due to the age of the home. They took various pictures of the damage and told me that a Supervisor fi:om their company would come to my home that evening to answer any questions that I may have. The Supervisor never came to my home that evening. I was shocked to hear that my drywall would need to be cut out. The employees reassured me that this was a very common due to the sewage seeping into the porous material of drywall and that they did this ~'all of the time" and that their company works for the City of Englewood and that the City would be responsible for paying for this. They told me that Belfor would repair the drywall and re-paint the new drywall to match the old. As of today, I still have a lockbox on the front of my home-I never received any futher commWlication from either Belfor or the City of Englewood regarding follow up on the property damage. I called Belfor on 02/25/09 and left a message for someone to call me regarding the status of this. I spoke to Deon Garcia~ Project Manager 02/26/09 .. Deon also went to my home to inspect. I was told that it was up to the City of Englewood of how to proceed with completion of the above matter. Needless to say, this is a mess!!! The walls of my basement are torn apart and left with the lockbox on my door with no resolution. Thank you for your time and attention to this matter. I hope to hear from you soon. . ........ ...__, JaneJonlan ~~ ~ ¥;) Cc: City of Englewood, Utilities Department, John Bock Belfor Property Restoration, Pat Southers l '·FOR·fe) ! P R.O· PE RTY REST .ORATI o ·N ~ ... WORK :AUTHORIZATION The~d~~oodOMura~.-~--~~~~~~-~~~~~=~~=-~=-~C-~~~~·~·C~~~~·~~~~---~-----~cl \.: ?')r-C r ...., ("'--' '• C \ f'·. ,...l .>-. C) Q.\ .o C-C.:.:\;i~ .' \-:'> c.~--\"'\..~ \" ¥\J \._ ~~\~.\_~\ I.~. Add""" . City . . tf e Zip ::,{ ~ \ \J represaris that he/she/the.y are owners of/or agent for the her'eiriafter specified property (and/or its contents) and hereby authorize and direct Belfor USA Group, Inc. ("Contractorn) to provide aH labpr, equipment' and materials· required to. i:;rop~ erly repar the specified real property, contents or structure commonly knqwn f!.S: c\ ~ . \ t, '-~.::lx~ , Address ·"-" State Zip It is understood and agreed that Contractor will perform al air work in a good and workman.like manner in accor- dance with our General Conditions, will have a policy Of insurance in f~il force, will comply with local safety standards and wlll perfor.in aH work according to local building codes . A one-year workmanship warranty will be presented upon full pay- ment for the work perform~. The under9igned hereby transfers, assigns and conveys to Contractor .his/her/their tight, title ·and interest' in and to the insurance policy proceeds and, all drafts for work performed or to be performed. by . . Contracto.l Accordingly, underaigned authorizes and dir-ects theii insurer (named below) to make "Belfor USA" a payee o.n all insurat1Ce dtafts for all insurance work perfom'1ed bx Contractor on the above damaged property. The undersigned also · . l ' agrees to Immediately endorse and tender all drafts as produced to the Contractor. · · . , · ~ · ~ ;,>,·~nins~e ·work<~rformed by the Contractor is subject to the terms of the insured policy pf insurance which set~ · : ·~cope and price of the work b~d upon industry stanctards. All ur;ilnsured code-upgrade work, depreciation and insur- ' ance deductibles are the responsibility of the uridersigned or OW'f.ier. The undersigned has the right to cancel this Work Authorization prior to the midnight of the 3rd busin~ day of slgntng this agreemenf by writi.ng ~nd deliv· ering a written cancellation request to Contractor by such time. The undersigned also agrees to and understands · f the Gene,.al Conditions stated below. ......... . L;'I /z·· o1 . Date: ()2 -/ _ ~,· (' ... -·-·-·--·-., (-... ',,, ., \--.,) ,;:,_~~-)" ·, ~::r'l.......:;c .._ · i ·C , = ~ -INS~ Fi-AUTHORIZED RE?fiis§eNTA"t!VE ( . . \ ) \.. ,) , ___ ~ ... ---- /_ DATE Bel.FO!;'I Ra>RESeNTATIVE INSURED-OWNER-AUTHORIZ~D REP.RcSl:NTAnVE ., . ~·~: :· ·~ i". INSUFIANCE COMPANY POLICY NUMBffi . General Conditions .• Owner agreesJo allow tjmely lnapGctlons .bY murik:ipal Inspectors and/or mortgagi:i eorripany agents and to assls1 wtth obtaining eny thln:I pany payee elqnatures on all insur- ance dratts so that Balfor can be timely paid . If for any reason your claim Is ·denied by your Jnsursnca eartler or they rafuee ·to . pay the cost$ of srry and/or el! lneur!ince wo,rk performed by Cor!IN.lctor, or you ~ee delay or prevent ti!" paY1T1ent of B.llld Insurance draft, or use It ,for other purposaa , then ~e lnsured/own91'(&) of 'Iha '11bove m~rrt!onad profJGl'IY will be ~nally liable for an C<;l~ of Be!Vicee i:>Momlecl. The Corrtractor and underalgned a®lowtadge 'and agree that 1he Contractor s!i\itll h!tw no ll@lllty for, and shall be lndemnltWd end held harmless from and ag11Jnst. all clalms, damagee , 1lobilitles and cos~ arralng out of or relrstlng to the presence, dlscoverY; or fallum to d!Scover, l"MlOVe. e1t1dress , re!MCl!ate or cleanup envll'Otlmentai or blologlcal hl!ZSl'ds lnC!lldlng, but not lltnlted to, mold, lingua,. hw.ardouii WB$t9, substancos or msterlels, oraabestos unless covered by ttie · ln$ured'e po licy of ineuranee. remedlatlon l!'il part of the scope ot won< end ~oh worl( I ~ directed by an lnd~aJ Hygloobts protocol and clears nee test- ing ; If fPt' any raaaon tti~ amount duo under thlB Work Authorization Is not riBid whtv1 due. the COntr~or ."'hall be aritltted to Its @xpenB6$ en~ attorney& fee!i Incurred In thG col- lectton of thts llQreetnent with lnter'9St on ttie unpaid balance at the ratG Of 1 .5% per month or the rate prescribed by law. The 1.111dernlgnad permlta Corrtrector to obtrun a per- sonal credit report to eruiura ~t the Insurance proceeds for tl"I~ project ara not In /eoperdy. AnY, controversy or clalm <IJ'lsing out of or ~let!ng 10 this 11.greement, or breech ttiereOf, may bG submitted to a eourt at cornpgtgntjur!Sdlctlol'I. Contractor Is In goocf standing w.lth the Better BU$lnBSa Bi.mJau. Contractor~ 1halr right to terminate th is · contract snould the client b~ch any of 11$ terms , condltloi:is or the asllurance of p~nt. · REV. 9/04 81!LFO.IU.fSA so85 K;alemat h Stree t, Deriver , CO $0221 • 8 0 0 .H~.4z 2 e • p h : 3 0 3 .425 .9700 • h, 30~.425 .9 H 9 . 'IU: l D QUA RTE A. S l 8 S 0 a k l s n ~ Av r.., Su i te 3 0 0 . E! i rm in g ham , M I 4 8 0 O 9 . 3 43 3 • 8 8 9 , i 2 1 . 4 1 11 • p"h : 2 ,i e . S 9 4 . 1 1 4 4 • f x , 2 q1 , 5 9 4 . 1 1 3 3 ?.4 /7 r.ml!'rge n·c y h ot l in.., 800 .656 .333J • www·.belforus:a .cDm Notice ·of cancellation .! •.-" .·. . ·.· Date of tran~action ' '.· '( ''.' . ' · You may cancel this transaction, without panalty ·or: obligation , within three business days · frorn the above date {~he date · the Worf< l\uthorization was signed), If you carcel, any property traded in , any payments made by you under the c'ontract or sale, and any' negotiabie Instru- ment ex~o..rted by you will b.e re:turned within 1 O busine,ss days .following the receipt by Belfor of your $igned cancellation notice, a.nd any security interest arising out of the transaction will be canceled. ! If you cancel, you must make available to the seller at your residence , in substantia~ as good condition as when received, I . .:.. • ; · any good.s delivered to you under this agree1'1ent. or sale; or you rriay if you wish, comply with the .instructions of the sell-. . er' regarding the return shiprneint of the goods at the .seller's expense and risk. If required by applicable law, if a buyer's retum of · goods Is impradical or inequitable. buyer in order to rescind this agreement must tender its reasonable vatue . ! . If you do make the goods available to the seller and the seller does not pick them. up within 20 days. of the date · of your . ' notice of cancellation, you may retain or dispose ,of the goods '«ithout any further ob-ligation. If you fail to make the goods ~ avail~ble to the seller or If you agree to return the goods.fo t-he seller an.d fail to do .so, then you.remain liable'\for perfonn- !I ' ance of all obligations under the contract. To cancel this transaction, mail ·or deliver-a signed ·and dated copy of this ·cancellation notice or any other wrltten nqtice , ' ' ' ~ . . . ' .. ~. . . . ~-. : ' . ·-. . or send a telegram to BELFOR at..185 Oakland Avenue, S\Jite 300, Birmingham Mlc~igart 48009 not later than midnight of ~rr.. Date· : .I heteby cancel this transaction _ Date Buyer Emergency Work. The unde.rsigned hereby authorizes Beffor without delay to effect repairs on an Emergency Basis. As this is a repair on real .property, we waive our right to cancel 'this transaction within 3 business days. Buyer rev , 4104 I ;~t· t- '~ NOTICE TO ENGLEWOOD SANITARY SEWER CUSTOMER SANITARY SEWER BACKUP REMEDIATION Dear Englewood sanitary sewer customer: You are receiving this notice becau$e you have had a sanitary sewer backup in your residence or business caused by a blockage in an Englewood sewer main, and because it is the City of Englewood's practice to render aid wq.en tltis happens. , When sewer main blockages do oc~ur, i~"is the City of Englewood's practic~ to contract with a company that specializes in water a.na sewage damage remediation. The remediation company is authorized to perfonn the following services only: )> Water/sewage extraction )> Sanitize with an anti-microbial treatment }> Make necessarY drywall flood cuts. )> Clean and deodorize by mopping . . . . · )> Move the furniture and contents oft.he affected rooms. as necessary .. »-Pack books in boxes · . ·· · · .. · · . · -. '!" Wipe down furniture ~ Run drying -bl:owers as necessary » Run dehwniclifiers as necessary » Lift carpet and pads for drying. )> Lift and dispose of ~cts and carpet pads if necesSal-y .. )> ·Replace ~t with ~tlivalent if necessary · · -· )-Replace carpet pad witb ,equivalent if necessary . )> Remove and replace floodll.tol,~.um or floor tiles with equivalent as necessary. )> Laundry-anti-microbial treafufont )> Laundry· -Pack in. bags ~ Laundry .... I.eave disinfectant soap for washin·· ~ From a legal standpoint, the City of Englewood is under no obligation to do anything other than mainta.in Its sewer mains. So long as the City has made-. a good faith. effort to a:dcqliat'ely maintain· its sewer mains, it is n.ot liable for any loss or da$age, ·a property ·~wner may iii.cur as the result of a blockage and backup ,in thpse mains. A propeftjr bwner ·accet>ts ~~·ert~io. ~ount of risk. by connecting to the City's sewer system which cair~eolne bio~kecf"fo{~asoos out of the City's control. · · . , · · · · · By agreeing to authorize the perfori.nance ofthest{d,eanup ·s'erv°rces~ the ;City of Englewood in no way accepts or acknowledges anyOlfability for loss.es :·.ot damag~ tp the affected property caused by a. blockage and backup in its sewer system . lfthe·propertjt oWn.er desires services beyond those listed here, they may contract d1tectly with the remediation. company or contact their individual insurance company for direction. I/We, owner(s) ofthe property at _________ _ _ Elect to allow entry into our premises by City personnel for inspection of damage and evaluate cleanup needs. _Chose to decline the City's offer of cleanup services . Englewood Utilities Department 303-762-2635 . .... •, . ..... ~· · · ~~~e: 0,........:.·------"--------:-----....,.1 :.·'.·· ~··. Bad Line ,., : .... :··· . ······ , r ~· :.4. ~l..t:::ZL!L£.i!...L.L.'Z..,L..iJ: : I . . ' <#/ti<~ /O,..uB-·.//.df.1..~/._.!~~~u""'"'~· L~...yJl"::..._·~~!!L.t;~-----;-+-----+-..,-1 ;l./~~a~·~~&:~:~~\tfa··~~~~~a~·~;:f',.,__~t!?~~~""f'.!~£/~~~,,(!t.---·~~:.o...~&~,l-c~e~._,t!!Z_~-~<~·IL'k-4~~a~c.6J..J<~~e-~~~.~~----11--~~--1-~1 / ---,... /' . _.,,,, r. -< c ". .. --: .... -1 -.:, ' .,s.nr oi!---1.:...&.<..-..<; ............... _,___.~~~'--"'<.=-. ~----+----! //' . ) -·. AT! .. 3 COUNCIL COMMUNICATION Date May 18, 2009 INITIATED BY Utilities Department Agenda Item Subject CERF Fund Purchase of Front Loader for the Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The existing Volvo Front Loader was approved by Council at their June 19, 1995 meeting. It was purchased from Power Equipment Company for $62,570. RECOMMENDED ACTION The Water and Sewer Board, at their April 14, 2009 meeting, recommend Council approval of the purchase of a KOMATSU WA200-6 Front Wheel Loader with an optional fork from Power Motive Corporation in the amount of $98,598.19. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed front-end loader purchase is for a KOTMATSU WA20066 Front Wheel Loader with an optional fork replacing a 1995 Volvo L-50D Front Loader Unit #1330. The front loader will be used primarily for moving alum sludge from the beltpress to the stockpiling area, City Ditch repairs, snow removal and yard maintenance. This loader is also used for handling materials such as rock, bedding materials and bundles of pallets and to provide a finish grade on trenching and excavations. This purchase will replace the existing 14-year old front loader under the CERF replacement schedule. This unit is being replaced one year earlier than its normal replacement date.,to facilitate the need for a yard loader at tt=ie Servicerrter. The existing front-end loader became inoperable after being used by the Parks Department for a project. FINANCIAL IMPACT Englewood received seven bids on March 24, 2009 for Item #IFB-09-102 for a four wheel drive front end loader. The lowest, acceptable bid was received from Power Motive Corporation, 5000 Vasquez, Denver, CO 80216 in the amount of $95,468.19. Funds are available through the CERF Program with additional money supplied by the Utilities Department ($5,000) and the Parks Departments ($5,000). The original bid was $95,468.19 with $3, 130. added for the fork for a total bid of $98,598.19. The Power Motive Corporation is the recommended bidder at $98,598.19. LIST OF ATTACHMENTS Bid Proposal Tabulation City of Englewood Bid Tabulation Sheet Bid Opening: March 24, 2009 10:00 a.m. ITEM: IFB-09-102 Four Wheel Drive Front End Loader Four Wheel Drive Front Parts Manual Vendor Qty End Loader X3 Honnen Equipment 5055 E 72nd Ave Commerce City, CO 80022 / Steve Stotz ;111~ 303-286-4819 c 303-949-8082 • /."\ d..6.A- Fax 303·287.0086 7 s1eves10 "' onnen .com 1 $ 100,490 .00 $ 165.00 Wagner Equipment Co 18000 Smith Rd Aurora, CO 80011 i. l../ Andy Kratt 11/1 1 303-739-3299 c 303-882-5257 Fax 303-739-3191 aKra 11rnwaanereau1omem.com 1 $ 104,475 .00 no charge Power Equipment Company 500 E 62nd Ave (80216) PO Box 28 Denver, CO 80201.0028 Andy Remmo I \JU 303-227-4304 c 303·961-8957 \I/ Fax 303-288-6809 /. aremmoum ower-eau10 .ne1 1 $ 104,874.00 $ 50.00 Faris Machinery Company 5770 E 17th Ave Commerce City, CO 80022 j MoV.. \ Joe Keefe \ l\J~I 303-289-57 43 c 303-870-9354 ' Fax 303-287 ·9273 oe .Keete1mransmacn1nerv .com 1 $ 107,125.00 $ 210.00 Power Motive Corporation 5000 Vasquez Denver, CO 80216 J 1"1."J Jim Thompkins r..-0"' 303-355-5900 \ Fax 303·388-9228 1 $ 93,668.19 $ 360.00 Ellen Equipment Company LLC 18000 E 22nd Ave Aurora, CO 80011 . Paul Desombre l '.U-'i<t'..- 303-549 -5909 Fax 303-557-4331 1 $ 97,407 .00 $ 355.00 Ellen Equipment Company LLC 18000 E 22nd Ave Aurora, CO 80011 A Paul Desombre \'f~~~ 303-549-5909 Fax 303-557-4331 1 $ 99 ,054.00 $ 355 .00 Shop Service Manual X3 $ 560 .00 no charge $ 50.00 $ 75.00 $ 1,440.00 $ 879 .00 $ 879.00 [--Apparent Low Bidder Highlighted Below I Total Bid Exceptions: Warranty Is FOB Dealer; Operating wt. 18,741 lbs, 97 Net HP ; 30-Degree Artlculatlon with stereo steering See pricing page for exceptions see minimum specs for alternates $ 101,215.00 see minimum specs for alternates 101 HP Engine $ 104,475 .00 Engine shut down exceptions none listed $ 104,974.00 see minimum specs for alternates No exceptions Hated $ 107,410 .00 see minimum specs for alternates ~.- Yes see attached £ $ 95,468.19 see minimum specs for alternates Bid one of two Case 521 E Z-Bar Loader Height 10'9" (+3" from proposal) No self leveling bucket $ 98,641 .00 see minimum specs for alternates Bid two of two Case 521 EXT Loader Height 10'9" (+3" from proposal) Loader Weight 26 ,861 lbs. (+2,061 lbs. from proposal) $ 100,288 .00 1 ~ Jlbtvl k15 CA ! fo~Jli ~ f30 Alkt\,O cJ- ...:::, tJ~:t /_ ., l '> • /> '""""" ~ "-;::. ;.sv.-" ~. ~· fl>; I(_ 'cl""" . cJT 'z;..o,IJ~ '7:-., ff:) 0 I '!f'I-P~~~ COUNCIL COMMUNICATION Date June 1, 2009 INITIATED BY Utilities Department Agenda Item Subject License Agreement & Grant of Temp. Construction Easement for 2890 S. Clarkson St. turn-out gate STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood Water and Sewer Board, at their November 12, 2003 meeting, recommended Council approval of the License Agreement and Temporary Construction Easement to encroach into Englewood's Ditch easement at 2890 S. Clarkson St. At their December 19, 2008 meeting, Council approved a license agreement, construction easement, access agreement and right-of-way to allow a 6-ft fence and retaining wall in the City Ditch right-of-way. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their April 14, 2009 meeting, recommended Council approval of the license agreement and construction easement for a turn-out gate in x Englewood's City Ditch eas \fu ent. right-of-way) BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. and Mrs. Leigh Bray at 2890 S. Clarkson Street are planning to install a turn-out gate for potential ditch water to be purchased from the Denver Water Department across and adjacent to the City Ditch right-of-way. In order to accomplish this, a construction easement and license agreement will be required. A preliminary drawing is attached to the license agreement, with a final engineer's drawing to be attached after construction and final survey. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the encroachment into the City Ditch right-of-way provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City Ditch, including the conveyance of stormwater runoff. FINANCIAL IMPACT None. LIST OF ATTACHMENTS License Agreement, Construction Easement Bill for Ordinance I _J l I ,. ,.,. ;TOP OF BANK (TYPICAL) / 4-8 ' Bt icf '/! to l<.6.t ei"' C&?t ra I qat e ... . · / / .. · .. · ... ·· ."" .. ·· .. · , .. " _ _,.·· .. · .·' .. /' .. · UTS) \_DISTANC£ It OfRECTK»f fRa.I Pl. 1'YPICAl.. 'CTOBER 01, 2007 t THE SOUTH 264 FEET OF 1HE wt/2. SWl/4, NWl/4, NWl/4 <F aw., EXCEPT 1HE llEST JO FEET. arr OF ENGLEtrOCD. CWNTY >f COC<IWJO. IAH(li: 1HJS SUR\£Y DOfS NOT CC115111U1E A 1111£ . SUR\£flNG. INC.. NOR WAS A Tl1l.£ PCX.JCY PROWJED. TION ~ REC<RD SHOltH HERE<JI WAS <STAINED fROll TY RECORDS. A/..LfY (16' ROW} BATES A'ENUE (20' ROW) NOTES: 6' ---r t 1J-8Q-105[J)lal C.R.S NOnCE; COIJMENCE ANY LEGAL ACTION 8 Vl1HIN THREE )£ARS AFTER YOU AIA Y ANY ACTION BASED UPON A AIOR£ 1HAN 1EN )f'ARS FRou Th Date June 1, 2009 INITIATED BY Utilities Department f\ TT. 5 COUNCIL COMMUNICATION Agenda Item Subject Big Dry Creek Interceptor Finances -Refund Distribution STAFF SOURCE Stewart Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Big Dry Creek Basin Interceptor Agreement between the City of Englewood, Southgate Sanitation District, South Arapahoe Sanitation District and the South Englewood Sanitation District No. 1 was approved by Council as Ordinance No. 30, Series 1990 on August 1, 1990. A Resolution was passed October 18, 2004 establishing maintenance fees for Big Dry Creek Basin Interceptor. Council approved an Ordinance on March 19, 2008 for the maintenance fee for the Big Dry Creek Interceptor finance charge of $0.108406 per thousand gallons. The Water and Sewer Board, at their January 13, 2009 meeting, recommended Council approval, by Ordinance, of the Big Dry Creek Interceptor finance charge increase to $0 .159123 per thousand gallons. RECOMMENDED ACTION The Englewood Utilities Department staff recommends Council approval for using the unused base line tap fees in addition to the refunded advanced line tap fees to pay the Big Dry Creek Interceptor maintenance fees for the iMi:le City residents who are subject to this fee. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Big Dry Creek Basin Interceptor is a major trunk line serving the Southgate, South Arapahoe, South Englewood and part of the City of Englewood Sanitation Districts for sanitary sewer transport. The interceptor begins at Clarkson and Orchard, runs northwesterly along Big Dry Creek to Santa Fe Drive, and then north to the Littleton/Englewood Wastewater Treatment Plant. In 1990 the City of Englewood, Southgate Sanitation District, South Arapahoe Sanitation District and South Englewood Sanitation District entered into the Basin Interceptor Agreement (IBA) for maintenance and capital improvements for the Big Dry Creek Interceptor. Under this agreement, Englewood collected base line and advanced line tap fees for capital projects, and maintenance charges from all properties connected to this sewer interceptor. City of Englewood users are connected to this interceptor, with Englewood collecting and holding these funds. The Big Dry Creek Interceptor was reevaluated by Southgate in 2008 and they concluded that the capital needs have been met and any remaining capital projects were not imperative , but noted that maintenance requirements would increase as the line ages. Unused advanced line tap fees were reimbursed to the respective districts in 2008 . Base line tap fees continue to be collected, and are refunded to the respective districts each year in the absence of any capital projects . FINANCIAL IMPACT When the Big Dry Creek Interceptor fund started to distribute its unused capital money to the agreement's members, the Utilities Department staff recommended that money be used to pay the 1,626 inside City, non-sanitation district customer's Big Dry Creek Interceptor maintenance fees for a period of time. It is estimated that this may continue until about 2019 . The Advanced Line Fee Capital money that was collected since 1990 was approximately $107,000. In 2008 the maintenance fees Englewood paid into the IBA Fund was $14,601. Base Line sewer tap fees are still being collected. $33,461 (a one-time event due to tap purchases for a large apartment complex at Hampden and Santa Fe) was collected in 2008 for this fund. These funds will be used to pay the maintenance fees for the inside City non- sanitation customers . Because of increasing maintenance requirements of the aging interceptor, sewer customers connected to the Big Dry Creek Interceptor will see an increase in the IBA charges from an average residential charge of $8.98 per year to approximately $13.00 per year. LIST OF ATTACHMENTS Ordinance Cf Two memo from Kevin Engels dated March 11, 200'&_ Big Dry Creek Inter. Fin . March 08 Part II )( MEMORANDUM From: John Bock, Utilities Manager of Administration To: Kevin Engels, Finance Department Date: March 11, 2009 Subject: Big Dry Creek Interceptor Basin Maintenance Money Transfer When the BDCI Fund started to distribute its unused capital money to the agreement's members, the Englewood Water and Sewer Board determined that it would use that money to pay the 1626 inside City, non-sanitation district customer's BDCI maintenance fees . For the year 2008 the Sewer Fund's contribution to the BDCI maintenance fund should be $14,601. MEMORANDUM From: John Bock, Utilities Manager of Administration To: Kevin Engels, Finance Department Date: March 11, 2009 Subject: Big Dry Creek Interceptor Fund, Base Line Charge Revenue Transfer In 2008 the BDCI Fund stopped collecting Advanced Sewer Tap charges. It continued to collect the Base Line Charges with the provision that those revenues be distributed to each sanitation district once a year. Please transfer the 2008 revenues of $33,461.93 into account 41-1607-37407. Thank you. ATT. 0 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 : February Invoice Dear Dan: Tel: 303.402.1600 • Fax: 303.402.1601 bhgrlaw.com March 5, 2009 dgh@bhgrlaw.com Enclosed please find our invoices for professional services on water matters for February 1, 2008 , through February 28 , 2008 , in the amount of $28 ,208.27, with a total for the year of $69,580.28 . The amount for this billing cycle on major cases is listed below: I Name I Amount I No. I Aurora (98CW458) Union Avenue $ 6,341.33 447 FRI CO (02CW105) Change and Related Cases 8,207.55 504 Aurora (06CW104) Wattenberg Area 2,506.00 678 FRICO 02CW403 Appeal 948 .67 712 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. Please note that the bill has been written down by $7,596.00 from standard hourly rates. Daniel L. Brotzman March 5, 2009 Page 2 I will discuss four matters with significant bills for February. The first is entitled FRICO Change. It reflects first the time spent on ongoing efforts to get a decree which coincides with the Judge's order. As noted in previous letters, the Applicants seek a decree which gives them significantly more water thanthe Judge's order, which massively reduced their available diversions. The required legal and engineering responses have been very time consuming. Of equal importance, the bill reflect~ time spent on post-trial motions concerning pumping of treated effluent from Metro Sewer into the Burlington Canal. That pumping had gone on for some 40 years, after construction of Metro Sewer moved Denver's effluent discharge from above the Burlington headgate to below the Burlington headgate. At the behest of Public Service Company, the Judge essentially outlawed the practice in his order. We believe the order was mistaken, and it certainly injures Englewood, because it sfows the fill of the reservoirs fed by the Burlington Canal. (The maximum fill of the Henrylyn reservoirs was not reduced by the Court, so they clearly fill more slowly without the pumping; the impact may not be quite so bad with respect to the Burlington/FRI CO storage, which was reduced in amount, depending on the final decree; but there is an impact there as well.) In February, the Henrylyn Irrigation District filed a post-trial motion in the trial court, seeking to reverse the Judge's order (which we had intended to appeal to the Supreme Court). When Henrylyn filed its motion, we joined in it and filed our own as well. We felt it was necessary to file .our own motion because the Henrylyn motion, in our view, left out some important points. We did not want the Judge to rule without those points before him. Drafting the motion and brief and keying it to the record took some time, and the filing ofthe two motions (ours and Henrylyn's) resulted in a flurry of counter-pleadings which had to be answered. Not all the pleadings have been filed, and the Judge has not ruled. The second bill, entitled .FRICO Appeal, reflects the time spent on appeal of the Judge's adverse ruling concerning the 1999 Agreement. As previously noted, we filed a motion seeking a separate and immediate appeal of that issue. To our great pleasure, the Judge granted the motion, after a very long delay. That is important indeed. Once the Judge enters the final decree on the other issues (which could be in April or May), there will no doubt be appeals of at least five or six issues from the decree. If we had to make our 1999 Agreement appeal then, it likely would have been "lost in the clutter." As it is, we get a separate appeal on which the Supreme Court can concentrate. The third bill relates to the Standley Lake Settlement Agreement, under which Thornton is obligated to supply Englewood with reusable raw water from South Park. Thornton sold its South . Park water to Aurora. Before it sold, Thornton filed a case seeking to provide single-use water to Englewood, which Englewood would be required to make reusable. To make the water reusable, Englewood would have to obtain a decree to exchange Bi-City effluent to Union A venue or City Ditch. Englewood has no such decree. Three efforts to obtain such a decree hav~ been met with fierce objection from downstream users on quality grounds ; two were Englewood efforts, and one was a Denver effort (for an exchange for Denver's benefit). The amount of money spent on those cases, particularly the Denver case, was horrific. (Bi-City paid the bill for the Denver case, which Daniel L. Brotzman March 5, 2009 Page 3 , , took 99 day s of trial.) Englewood should not have to make another attempt at an exchange offBi- City effluent. Thornton 's effort appears to be a clear attempt to avoid its responsibilities. Aurora took over Thornton's case after Thornton sold its South Park rights to Aurora. There are many difficulties for Aurora in this case. We made a very detailed presentation to the Aurora people about their difficulties and Englewood's unwillingness to get a decree for a Bi-City exchange on February 17. The meeting was cordial, and the Aurora people promised to study our position in depth, after we gave them some more information which they requested . We provided them with the information and have not heard back. The fourth case involves Aurora's gravel pit storage reservoir for its newly-purchased South Platte ditch rights and its reusable Arkansas river effluent. .The reservoir is huge , and we have been active to assure that there is adequate accounting for the water which goes into and out of the reservoir. Aurora's accounting has often been lacking in the past. It has taken considerable "pushing," but it appears we will get a good result, and our work is almost over. 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 tojustify 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 Agreement(# 166): The Division Engineer required Joe Pershin to provide proof that Englewood was entitled to divert on the 1860 City Ditch decree , which was originally decreed for irrigation. We discussed Grand County's interest in the use of City Ditch and reviewed the Blue River decree in connection with City Ditch. 3. Colorado Division of Parks and Outdoor Recreation (93CW121) (#322): This case involves an exchange right (absolute and conditional) upstream of Englewood's senior South Platte exchange rights in W-8456-76 . Englewood entered this case to ensure that the sources of replacement water are proper sources ari.d that the exchange is not exercised when Englewood needs water for its exchange. We reviewed a notice of Referee status conference. 4. Buffalo Park. et al. (94CW290) (#341): Applicants seek ground water rights , surface water rights , change of water rights and an augmentation plan, including exchange for the purpose of providing augmentation water to four subdivisions located in the Bear Creek/Turkey Creek water shed in the Evergreen area. Englewood entered this case to preserve return flows from Warrior Ditch. We have reached a stipulated settlement with applicant and will continue to monitor the case Hazards in the water -The Denver Post denvernost.co,m ~HE OE.NVERPos r denver and the west Hazards in the water Turning on the faucet. Taking a bath. Washing dishes. Seemingly mundane tasks have turned into big headaches for small communities and districts across the state whose shoddy systems drew public health orders. By David Olinger Th e Denver Post Posted: 03/22/2009 12 :30 :00 A M MDT Updated : 03/22 /2009 02:03 :04 PM MDT More than 150,000 people in Colorado drank from water supplies last year that violated public health standards. Nearly all these problems occurred in small communities and water districts, which have been struggling with new federal rules and aging distribution systems . In 2008, a salmonella epidemic hit a water supply with decaying infrastructure, squirrels found their way into another drinking-water storage tank and died, and live birds fouled another. In one town, people defiantly drank unfiltered water from a stream despite state orders to boil their water since last spring . Advertisement ATT, 7 Year by year, the price to fix Colorado's drinking-water infrastructure keeps climbing . Pending requests for state help to improve water systems have Extras View a gallery of photos related • to Colorado's water issues . ballooned from $800 million to $1.3 billion since 2005. Forty-eight of these projects, totaling $143 million, would treat water supplies posing acute or chronic health hazards. Louise Malouffs 6-year-old son was among the children treated in emergency rooms after a pollutant -salmonella bacteria -invaded Alamosa's water supply. As they waited for hours, he kept vomiting and passing bloody diarrhea. "He was lying on the floor like a puppy," she said . "He asked me , 'Mom, if I'm losing all my blood , am I going to die?' It just broke my heart." Some infrastructure money in the $787 billion federal economic-stimulus bill is coming to aid troubled Colorado water systems, but it's not nearly enough to assure safe drinking water statewide. Colorado expects $32 million in stimulus money to help finance drinking-water projects, about 2.5 percent of the total sought by hundreds of cities, towns and districts. Print Powered By (i C.!F ormatDyna mic s J http://www.denveroost.com/breakingnews/ci 11968325 3/24/2009 Hazards in the water -The Denver Post Page 2of6 denver(!ost.com 111E OENVERPosr "The amount of money available pales in comparison to the need," said Steve Gunderson , the state's water-qual ity director. "A nick in the need ," said Kevin Bommer, a Colorado Municipal League policy advocate. The federal funds "will help some communities and some projects that would not have gotten any assistance for some time . They will not solve the infrastructure problems ." This crisis is largely invisible. People typically notice infrastructure systems only if they fail. "It's out of sight, out of mind ," said Tom Curtis, deputy executive director of the American Water Works Association. "You turn on the tap, and water comes out. You flush, and it goes away." Last year, the Alamosa water system gained national attention . More than 400 people were sickened, and one man died, during its salmonella epidemic . It was the worst drinking-water disease outbreak nationwide since 2004, according to the federal Centers for Disease Control and Prevention . Investigators suspect crumbling infrastructure, including a badly cracked water-storage tank, may have let a salmonella strain found in animal feces poison the water. When the ep idemic struck, nobody had inspected the inside of the tank in 11 years. Six inches of sediment lay i n the bottom . Bird droppings covered the roof of a nearby water tower that was missing bo lts. Advertisement The salmonella outbreak was Colorado's worst infrastructure crisis last year. But it was by no means the only sign of trouble with drinking- water suppl ies . Public health risks increase In the past two years, the Colorado Department of Public Health and Environment has dealt with 120 "acute" drinking-water incidents that posed potential public health risks -up from 68 during the previous two years . Last year there were 62 state orders to boil tap water or drink bottled water. Nearly half were caused by broken water mains or other maintenance issues . Two water districts were ordered to boil water four times in one year, and the town of Rye has been told to boil its drinking water since May. The health department says the growing number of acute incidents may reflect better reporting from local water systems, not a growing health risk . But it acknowledges that its current staff is insufficient to keep up w ith the combined effects of aging infrastructure , stricter federal rules and population growth . "Currently, there is a backlog of about 120 community public-water systems with unresolved violations, and resources have allowed only one such system to be referred for enforcement," the Water Qua lity Control Division recently reported to the state legislature . "This type of performance will not be accepted under the new Print Powered By filo;:-ma t Dy n ami c s 'J http://www.denverpost.com/breakingnews/ci_ 11968325 3/24/2009 Bazards in the water -The Denver Post rules ." Ron Falco , Colorado's drinking-water program manager, said most of those inspection-based violations -inadequate maintenance or incorrect water sampling, for example -are not directly health-related . But new U.S . Environmental Protection Agency rules will require stricter state oversight, and there is a risk the agency "would find we're not doing an adequate job" of protecting water supplies , he said. Overall, 97 percent of Colorado residents drink water that meets all health standards, Falco said . That's well above the EPA target of 90 percent and above the national average . But that still meant 156,498 people in Colorado drank from water supplies with "health-based violations" in fiscal 2008, according to EPA data . And because those problems were concentrated in 100 small systems , almost one-eighth of Colorado's community water supplies violated health standards last year. In Teller County, a pair of dead squirrels can still be seen lying side by side on a beam in a water tank that served 246 homes near the city of Woodland Park. The concrete tank has been drained, leaving Teller Water and Sanitation District No . 1 with no water storage. Woodland Park provided an emergency connection to its supply, promising water if a home in the district catches fire . Even before the squirrels got in, the district was Advertisemen t Page 3of6 confronting signs that its water system was old , substandard, leaking and breaking. Systems show their age Colorado let developers create their own quasi- governmental water and sewer districts, then turn the infrastructure over to homeowners after projects are completed. Many of these districts are now reaching the half-century mark with original pipes. In the Teller district's case, a developer turned a golf course into a residential neighborhood in the 1950s. The board of homeowners who inherited its infrastructure found maps of water main locations sketchy . The whole system was woefully short of shutoff valves ; if a water main broke anywhere , the entire water supply could be contaminated. On one street, the water main was just 2 inches in diameter and so badly corroded that pinholes riddled the pipe. At times , the district's little water system lost half its water somewhere between the well and the faucets . Service lines broke, compelling some homeowners to spend thousands of dollars to replace the pipe from the water main to the house. And when water mains also ruptured, board members discovered they had not been laid in compacted sand to minimize the risk of pipe breaks . The contaminated tank , originally built for a golf course irrigation system, "is 50 years old this Print Powered By @i}Forrna tDYn amic s_:j http://www.denverpost.com/breakingnews/ci _l 1968325 3/24/2009 Hazards in the water -The Denver Post Page 4of6 denvernost,.co 1m1 ~IE DEN \'ERPO~I year. We knew we had problems ," said Kent Brady, a district board member. Four times last year , the district was told to boil water or buy bottled water. The squ i rrels caused one . Broken water pipes caused the other three . "I just keep 18 jugs of water here in my dining room, right on the floor," said Ken Whitney, a retired architect who recently moved into the neighborhood . "That's how I take care of the water problem." Small providers most in need The Teller district has joined the growing list of small water providers pleading for state help with infrastructure repairs . In most years , the health department has had little or no grant money for drinking-water projects. Those who wanted help applied for loans. This year will be a little different. Thanks to the economic-stimulus package, the department expects an extra $32 million -and to use half of that to forgive principal on loans to needy applicants. That falls far short of the nearly $1 .3 billion in pending drinking-water projects statewide, plus another $456 million in new projects from cities seeking a piece of the federal infrastructure pie. It won 't even come close to covering the state's highest-priority projects fo r public health . A hundred miles north of Teller County , in a district just west of Brighton in Adams County, Hi Advertisement Land Acres homeowners were told to boil their drinking water four times last year. "The bottom line is the entire infrastructure needs to be replaced ," said Nancy Gay , chairwoman of the district board . The projected cost: $1.5 million for 114 homes -$13,000 per house. "That's a pretty hard issue to get passed ," she said , even when the costs are spread over 20 years. Her husband, Michael, who runs a water-leak detection company, said similar problems plague small drink in g-water systems across the West. "No construction standards, no inspection, cheaper-grade materials, now it's coming back to haunt us years later," he said. In Rye , a small town in the foothills southwest of Pueblo, boi l-water orders have been distributed every two weeks since last spring . The issue: filtration . Rye had i nstalled new filters to meet drinking- water regulations , but they clogged during spring runoff, costing the tiny town hundreds of dollars to replace them daily. Citing the cost , the Rye council decided in May to stop filtering the water. The state promptly ordered Rye to boil water before drinking it. "You should t ry running a restaurant where you can't use the water coming out of the sinks ," said Cat Irvine , who served breakfast and lunch at the Print Powered By ( ~ [Fo r-matpynamics ") http://www.denverpost.com/breakingnews/ci 11968325 3/24/2009 Hazards in the water -The Denver Post denverpost.com lllE DENVERl~J' Rye Rendezvous. "I jury-rig a way to run my espresso machine. I can't wash or rinse any of my vegetables" in the sink . She closed the restaurant last month . At home, many Rye residents simply ignored the biweekly series of boil-water orders . "I drink mine right out of the tap," Irvine said. "I don't know anybody in Rye who didn't just drink the water." The town is getting state help with a water- treatment project that could end the boil-water orders this year. But "the poor people in the town of Rye, it's going to cost them a lot of money," Mayor Thomas Holgerson said. "Their water bills are just going to skyrocket." Falco, the drinking-water program manager, urged Rye residents not to ignore the state orders. "It is not safe for the public to drink unfiltered surface water," he sa id. "Campers know not to drink unfiltered water." Maintenance falls behind In Hot Sulphur Springs, a town west of Rocky Mountain National Park, spring runoff last year turned the drinking water cloudy, violating turbidity standards. Turbidity, a general measure of particles in the water, is regulated like a pollutant because past disease outbreaks in drinking water have often been associated with high turbidity levels. The town ended up boiling its water for months. Advertisement Page 5of6 Lauralee Kourse, a water and sewer district operator called to help Hot Sulphur Springs , found a water system that had not been properly maintained for a long time . Incorrectly applied chemicals had eaten into the concrete of a drinking-water well. The town had some wooden water mains, and its galvanized iron pipes were so corroded that half the water produced was leaking out. The water smelled and looked dirty, and it was accumulating dirt between the treatment plant and the faucets. "There was so much dirt and debris in the distribution system -it just got dirtier and dirtier," Kourse said. Residents were told they could bathe in the water, but not to drink it or even brush their teeth with it, and to boil the water before washing dishes. "When you turn on the tap and the water smells foul, and you hold up a glass of water and it doesn't look so clean, you just kind of know," said Yvonne Knox, a 52-year resident of the town . Even so, in 2008 the town's voters rejected a property-tax increase to modernize their drinking-water and wastewater systems . But the town is now under a state order to meet water standards, and so its residents face a 47 percent increase for basic water and sewer service next month. And Hot Sulphur Springs still needs to replace a Print Powered By ~E9 r-mat Dynamicsj http://www .denverpost.com/breakingnews/ci_ l 1968325 3/24/2009 Hazards in the water -The Denver Post denvernost .com t;J .E 0f.NVER~"l· chlorination well that has become too small , raising the risk that drinking water will get withdrawn before bacteria are killed . Before the salmonella epidemic, Alamosa had one of more than 90 drinking-water systems in Colorado exempted from chlorination. All drew water from deep underground sources, and many remain reluctant to take on the expense of chemically sanitizing water that has been safe to drink . Alamosa's public-works director, Don Koskelin, now sees that risk as too great in any aging water system . Though Alamosa had safely consumed untreated drinking water for a century , Koskelin now offers this advice: "Any system that's not chlorinating now -start chlorinating. Unless it's all brand new, and you can vouch for every joint and every pipe, don't take a chance ." Advertisement http://www .denverpost.com/breakingnews/ci_l 1968325 Page 6of6 Print Powered By @]For-m~t Qyna m ic s '"J 312412009 TH ·E DENVER POST • DENVERPI . ·>. ~ ' .... ...... r,' •f' • + 1 '\. '.) Colorado's water woes · .. . ' ·: /~ ~f· ,. " ... r ,, . • , Lastyeafthe ·Colorad6 D~partment,pfPubli~ Health and Enviroriijlent-issued 6~'orders in 30 . ~ou~t i es ~ciboil ~ap w~ter dr use bo~led w~te'r,'artocaii!:ms rari9!f19 fro_m sc~ools and camps t · entire to\Yns . . : · · · · · MEMORANDUM From: John Bock, Utilities Manager of Administration~ To : Stu Fonda, Utilities Director Date: April 7 , 2009 Subject: Collections Summary for 2008 A TT. 8 At a previous Water and Sewer Board Meeting there was a request for general information as to how the recession might be affecting our collections. Attached is the red tag and tum off summary for 2008. The list shows the month, the type of activity , the number of red tags hung or accounts turned off, and the dollar amounts being collected. The broad trend is the overall number of delinquent accounts is remaining the same, but the dollar amounts involved is increasing. DELINQUENT ACCOUNT REPORT 2008 - -- January-OS ·- Total Number of Red Tags 315 $ 70 ,312 .64 - Total Number of Shut Offs 143 $ 29 ,619.S5 February-OS Total Number of Red Tags 264 $ 44 ,051.31 Total Number of Shut Offs 150 $ 26,911.56 March-OS ,_.._._ Total Number of Red Tags 291 $ 43 ,599 .00 Total Number of Shut Offs 56 $ 12 ,196.70 April-OS Total Number of Red Tags 274 $ 47 ,999.93 Total Number of Shut Offs 145 $ 2S ,647.41 May-OS Total Number of Red Tags 231 $ 32 ,590 .69 - Total Number of Shut Offs 4S $ 9 ,462 .65 June-OS - Total Number of Red Tags 305 $ 4S,4SS .11 Total Number of Shut Offs 61 $ 12,02S.5S - - July-OS Total Number of Red Tags 63 $ 11 ,9S9.47 Total Number of Shut Offs 32 $ 4,297.50 August-OS Total Number of Red Tags 229 $ 39 ,571.06 Total Number of Shut Offs 32 $ 4 ,503 .50 September-OS Total Number of Red Tags 321 $ 55 ,201.42 ·- Total Number of Shut Offs 61 $ 10,405.93 - October-OS Total Number of Red Tags 332 $ 79,037.46 Total Number of Shut Offs 62 $ 11,713.4S November-OS Total Number of Red Tags 2S9 $ 71,251 .35 Total Number of Shut Offs 76 $ 15,464.59 December-OS Total Number of Red Tags 37S $ S5,736 .25 Total Number of Shut Offs TOTALS RED TAGS 3292 $ 629 ,S2S.69 SHUT OFFS 11S1 $165,251 .75 /~TT. MEMORANDUM TO : Dan Brotzman, City Attorney Mike Flaherty, Deputy City Mana~y ·stu Fonda, Director of Utilities \/ )/) JJ FROM : Nancy Reid, Assistant City Attorney/~ April 3, 2009 DATE: . . . . REGARDING: ENERNOC -Xcel Energy ·Peak Savings Sales and Services Agreement . I have beena8ked to review the proposed ENERNOC contract entitled "Xcel Energy Peak Savings Sales and Services Agreement". In spite of an e-mail from ENERNOC which says this is merely a pricing agreement and not a contract it is in fact a contract and !have the following suggested changes: • The City of Englewood, Colorado Water Department is not a part of Public Works, so the ''Party" should be corrected to Englewood Water Utility. . · • This Agreement needs an introductory paragraph to read as follows: ''It is agreed by the parties that the prime. motivation of the City of Englewood Water Utility is to cooperate regionally in an attempt to lower peaki.Ilg factors for Xcel Energy. It is further agreed by the parties that the payments made by ENERNOC are not significant enough to entice the Englewood Water Utility to curtail service to its customers , nor to take anY risks regarding customer service to accommodate the benefits of the energy demand reduction for Xcel energy." • Paragraph 1 -Managed Services -Schedule A -should be amended to exclude the McLellan Pump Station. · · • Paragraph 2 -·Provides that an "event window" may only be called during non-holiday weekdays from 9 AM to 8 PM; however, Paragraph 2e provides for off hours dispatch which are apparently hours not within the event window "as listed in Subsection 3a", that is a typo which should read Subsection 2a. It also needs to be clarified that in no . event shall the event window include any period of time between April 1st and October 1st. It needs to be clearly stated that the City of Englewood may· at it~ discretion, decline to participate in off hours dispatch. · · · • Paragraph 4a· -Should have a new introductory paragraph that provides that it is agreed by the parties that the only penalty to the City for non-performance of any nature is a reduction or elimination of payment& specified in Paragraph 3 . Refers to testing of the ESS at each site, it is not clear from the contract what ESS refers to . • Paragraph 4b -Discusses the ESS installation and also requires "Internet Protocol address" and "Local Area Network" aceess for iritemet base communication. While it is presumed that this means communication for notification of the '.'event . window", the City needs some clarification on the purpose of the "Internet Protocol address" and the "Local Area Network" connection. It must also be clear that the ESS inStallation will interface with the Englewood Water Plant system without compromising Plant security. • Paragraph 4c -.Nondisclosure to Third Parties and }>aragraph 4d -Trade Secret Protection Obligations -This must be amended to clarify that the City of Englewood is a local government entity and that such nondisclosure is subject to the requirements of the State Open Records Act or other court orders. Any penalt:Y for nondisclosure. shall be limited .to the termination of this Agreement. • Paragraph 4g-Logo Authorization -Authorization · to use the City's Logo shall be terminated at the termination of this Agreement. • Paragraph 5c -Choice of Law -It must be the laws of the State of Colorado with venue in Arapahoe County. · . • Paragraph 5d -Miscellaneous -Regarding assignment, these restrictions must be made reciprocal. • Paragraph 5f-Termination -Must be reciprocal and may be made at the City of Englewood's discretion. • Any notices and payments regarding this Contract shall be made to the Englewood Water Utilities, to the attention of the Director. · • It also needs fo be clarified as to how the nominated and delivereq capacity is calculated and how often are those capacities adjusted. Other energy conservation measures in place by the City might reduce our delivered or nominated capacity which shoUld also be addressed. • As for the same agreement relating to the Littleton/Englewood Wastewater Plant the same comments apply with 4(b) to refer to the plant's SCADA System. Attachment CC: Bill McCormick Chong Woo NNR/nf (j)ENER NOC Get More From Energy Xcel Energy Peak Savings Sales and Services Agreement This Xcel Energy Peak Saver Sales and Services Agreement (this "Agreement"), effective as of , , the scope of which is described more fully below, is made by and between EnerNOC , Inc. ("EnerNOC"), located at 500 Howard Street, Suite 400 , San Francisco , CA 94105, and CITY OF ENGLEWOOD -Littleton/Englewood Wastewater Treatment Plant ("Customer''), located at 2900 S . Platte Drive. Englewood. CO 8011 O. EnerNOC and Customer are defined here in as the Parties ("Parties") to this Agreement. 1. Managed Services EnerNOC agrees to manage Customer's participation in the Xcel Energy Peak Saver demand response program (the "Program"), including equipping Customer with the EnerNOC Site Server ("ESS") that enables interval metering and online energy reporting . EnerNOC will support the development of demand response plans, execute demand response events, support customer in real-time during demand response events , provide reporting on Customer's event performance , and reconcile payments . Customer agrees to reduce electrical demand at each site ("Site") as identified in Schedule A attached hereto during demand response events when notified by EnerNOC . Subsequent to the date hereof, Schedule A may be updated from time to time by the Parties to reflect additional Sites. 2 . Xcel Energy Peak Saver Program Information a . Event Window. Events may only be called during non-holiday weekdays from 9:00 AM to 8 :00 PM . b . Event Notification and Response . Customer shall be notified at least 60 minutes in advance of Demand Response events. In addition to providing event notification , EnerNOC agrees to use commercially reasonable efforts to inform Customer that events are likely several hours or the day before based upon weather conditions , spot market prices , and other relevant information . c . Event Length. Events will last no less than one (1) hour and up to eight (8) hours ; provided that if two events are dispatched in any single day, each such event shall continue no less than one (1) hour and both events shall not collectively total more than eight (8) hours . d . Annual Dispatch Limitation . The Program may be called up to 88 hours per calendar year. A maximum of twenty (20) events may be called . e . Off-Hour Dispatch . Xcel Energy reserves the right to call additional events outside of the event window hours listed in Subsection 3(a) hereof ("Off-Hour Dispatch"). Customer's performance during Off-Hour Dispatch events will have no impact on their Capacity Payment Calculation as described in Subsection 3(c) hereof, provided, however, that Customer's performance during any such Off-Hour Dispatch events will be included in their Energy Payments as described in Subsection 3(d) hereof. f. Utility Approval. The Xcel Energy Peak Saver Program is offered to Customers of Xcel Energy in its Public Service Colorado service territory . As such, details of the Program contained in this Agreement may be adjusted during the Term of this Agreement. When such changes occur, Customer will have the option to either continue this Agreement under new Program rules , or term inate this Agreement with no further obligation . 3. Xcel Energy Peak Saver Capacity, Payments, and Term a . Nominated and Delivered Capacity. Customer and EnerNOC understand that the capacity identified in Schedule A ("Nominated Capacity") is the best estimate of performance and the average kW reduction during event hours re lative to the program baseline ("Delivered Capacity") may vary . Customer and EnerNOC agree to adjust Nom inated Capacity in the future based on actual performance , changes in facility operations , Program rules, regulations and/or other relevant information . Customer shall not be eligible for payment until capacity is enrolled. b. Annual Capacity Price . Capacity price shall be $27,000/MW-year, divided equally across the year. c. Capacity Payment Calculation. In months with no event hours, capacity payment ("Capacity Paymenr') will simply be the Annual Capacity Price divided by 12 times the Nominated Capacity for that month . In months when one or more events are called, Delivered Capacity will be evaluated across all event hours, and payments will be prorated according to Customer's performance. For example, if Delivered Capacity is 92% of Nominated Capacity for the month of July, payment for this month would be 92% of the product of the Nominated Capacity times the Capacity Price for July. Capacity Payments are capped at 100% of Nominated Capacity . EnerNOC may, at its discretion, remove such 100% cap on Capacity Payments for a single event on a case by case basis as conditions warrant. d. Energy Payments . Customers will receive $80/MWh for the first 44 Event Hours in a calendar year . Customers will receive $180/MWh for the second 44 Event Hours in a calendar year. Energy is equal to Delivered Capacity times the hours of the event (i.e . 1.0 MW of Delivered Capacity x 4 hours = 4 .0 MWh). e. Payment Timing . EnerNOC shall make quarterly payments to Customer of Customer's share of all payments received by EnerNOC from Customer's utility during the preceding quarter in connection with Customer's participation in the Program . All Payments will be within 45 days of EnerNOC's receipt of payment from Xcel Energy . f. Term. The scope of services provided herein will commence on the date of this Agreement and shall terminate on September 30 , 2016 (the "Term"); provided, however, that EnerNOC shall not be obligated to make any payments to Customer hereunder until final acceptance by utility of enrollment of Customer's Capacity in the Program. Thereafter, this Agreement will renew for successive two year terms unless either Party gives the other Party written notice of termination at least 30 days prior to the exp iration of any term . 4 . Customer Support Requirements a . Acceptance Testing. Customer agrees to collaborate with EnerNOC in testing the ESS at each Site in a timely manner prior to registering with the utility in connection with the Program . b. ESS Installation. Within fourteen (14) days of execution by Customer of this Agreement , Customer shall provide a static Internet Protocol address and Local Area Network access that allows for Internet-based communication of Site's energy consumption and demand response event ("Demand Response Evenr) performance . c. Nondisclosure to Third Parties. Customer acknowledges that in its relationship with EnerNOC , it may receive information including (but without lim itation): confidential information, business strategies, financial information , information relating to the ESS and the EnerNOC system (the C0-2009.1 ENERNOC , INC. Page 1 of3 (i)ENERNOC Get More From Energy "EnerNOC System"), and information contained in this Agreement, including the terms of the revenue sharing arrangement described in Section 3 above (all collectively "Program information"). Customer shall not disclose any Program Information to any third party or allow any third party access to such Program Information . d . Trade Secret Protection Obligations . Customer shall not alter, reverse engineer, disassemble , decompile or copy the ESS or any other EnerNOC System components and shall not allow any third party to use , access , or examine the ESS or any other EnerNOC System components . e . Use of Confidential Information . Customer acknowledges that EnerNOC may receive confidential information of Customer, either through data collected by the ESS and the EnerNOC System or otherwise , which may be used by EnerNOC for any necessary business purpose (so long as it does not disclose any uniquely identifiable confidential information of Customer). f . Service Provider Limitation . Customer agrees not to contract with any other demand response service provider for the Term of this Agreement. Should Customer wish to contract w ith another demand response service provider within one (1) year from the termination of this Agreement, Customer hereby entitles EnerNOC to match any written offer or proposal for demand response services within 30 days of receiving the proposal from Customer and , if EnerNOC matches such offer or proposal, EnerNOC shall be awarded the associated contract. g . Logo Authorization . In connection with this Agreement, Customer hereby consents to EnerNOC's use of Customer's name and logo in EnerNOC's promotional materials, including , but not lim ited to , website, presentations and other printed materials . EnerNOC acknowledges that Customer is the owner of all right, title and interest in and to the Customer's name and logo and shall not take any action that is inconsistent with such ownership . EnerNOC shall not, by any act or omission , use Customer's name or logo in any manner that tarnishes , degrades , disparages or reflects adversely on Customer or its business or reputation. 5. General Terms a . Limitation on Liability. EnerNOC's liability hereunder is limited to direct actual damages as the sole and exclusive remedy , and total damages shall not exceed the lesser of (i) the total amount paid to Customer unde r this Agreement during the six-month period immediately preceding the event giving rise to the claim(s) or (ii) $100 ,000 . All other remedies or damages (at law, in equity, tort, contract , or otherwise) are expressly waived , including any indirect, punitive , special , consequential , or incidental damages , lost profit, or other business interruption damages . b Limitation of Liability of Xcel Energy Inc. and Public Service Company of Colorado . CITY OF ENGLEWOOD -Littleton/Englewood Wastewater Treatment Plant agrees that its sole recourse for all claims , losses, expenses , or causes of action in connection with any accident , injury or death to any person or damage to property arising from any acts or omissions of EnerNOC hereunder shall be against EnerNOC, subject to the limitations of liability applicable to EnerNOC contained herein . Neither Xcel Energy Inc. nor Public Service Company of Colorado shall be liable for any personal injury or property damage caused by the acts or omissions of EnerNOC hereunder. Neither Xcel Energy Inc. nor Public Service Company of Colorado shall be liable to Customer for any punitive, special , exemplary, consequential or similar damages , whether based in contract, tort , indemnity, or otherwise . Nothing in this Agreement shall change CITY OF ENGLEWOOD -Littleton/Englewood Wastewater Treatment Plant's retail electric customer relationship with Public Service Company of Colorado, including all appl icable limitations of liability contained in Public Service Company of Colorado's electric tariffs in effect and on file with the Public Utilities Commission of Colorado . c . Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without giving effect to choice of law rules that would require the application of any other law. d . Miscellaneous. Customer may not assign any of its rights or delegate any of its performance obligations hereunder without the prior written consent of EnerNOC . This Agreement contains the entire agreement between Customer and EnerNOC and can be amended only in writing signed by each of the Parties . If any of its provisions shall be held invalid or unenforceable , this Agreement shall be construed as if not containing those provisions and the rights and obligations of the parties hereto shall be construed and enforced accordingly. This Agreement shall be binding upon the parties together with their successors and assigns . e . Force Majeure . The parties shall be excused for any failure or delay in the performance of their obligations hereunder due to acts of God or any other legitimate cause beyond their reasonable control. f. Termination. EnerNOC may termina te this Agreement immediately if the Program is materially altered, suspended or ended . EnerNOC, Inc. Customer Name: Name : Title: Title : Signature : Signature : Date: Date: C0-2009.1 ENERNOC , INC. Page 2of3 (i)ENERNOC Get More From Energy Schedule A Peak Site Address City Zip Nominated Capacity CkW) 1 2900 S . Platte River Drive Englewood , CO 80110 TBD 2 3 C0-2009.1 ENERNOC, INC. Page 3 of3 (i)ENER NOC Get More From Energy Xcel Energy Peak Savings Sales and Services Agreement This Xcel Energy Peak Saver Sales and Services Ag reement (this "Agreement"), effective as of , , the scope of which is described more fully below, is made by and between EnerNOC, Inc. ("EnerNOC"), located at 500 Howard Street, Suite 400 , San Francisco, CA 94105 , and CITY OF ENGLEWOOD -Public Works (Water Department) ("Customer"), located at . EnerNOC and Customer are defined herein as the Parties ("Parties") to th is Agreement. 1. Managed Services EnerNOC agrees to manage Customer's participation in the Xcel Energy Peak Saver demand response program (the "Program"), including equipping Customer with the EnerNOC Site Server ("ESS") that enables interval metering and onl ine energy reporting . EnerNOC will support the development of demand response plans , execute demand response events, support customer in real -time during demand response events, provide reporting on Customer's event performan ce, and reconcile payments. Customer agrees to reduce electrical demand at each site ("Site") as identified in Schedule A attached hereto during demand response events when notified by EnerNOC. Subsequent to the date hereof, Schedule A may be updated from time to time by the Parties to reflect additional Sites . 2. Xcel Energy Peak Saver Program Information a . Event Window. Events may only be called during non-ho li day weekdays from 9 :00 AM to 8 :00 PM . b . Event Notification and Response. Customer shall be notified at least 60 minutes in advance of Demand Response events . In addition to providing event notification , EnerNOC agrees to use commercially reasonable efforts to inform Customer that events are likely several hours or the day before based upon weather conditions , spot market prices , and other relevant information. c. Event Length . Events will last no less than one (1) hour and up to eight (8) hours; provided that if two events are dispatched in any single day, each such event shall continue no less than one (1) hour and both events shall not collectively total more than eight (8) hours . d . Annual Dispatch Limitation . The Prog ram may be called up to 88 hours per calendar year. A maximum of twenty (20) events may be called . e . Off-Hour Dispatch . Xcel Energy reserves the r ight to call additional events outside of the event window hours listed in Subsection 3(a) hereof ("Off-Hour Dispatch"). Customer's performance during Off-Hour Dispatch events will have no impact on their Capacity Payment Calculation as described in Subsection 3(c) hereof, provided , however, that Customer's performance during any such Off-Hour Dispatch events w ill be include"d in their Energy Payments as described in Subsection 3(d) hereof. f . Utility Approval. The Xcel Energy Peak Saver Program is offered to Customers of Xcel Energy in its Public Service Colorado service territory. As such , details of the Program contained in this Agreement may be adjusted during the Term of this Agreement. When such changes occur, Customer will have the option to either continue this Agreement under new Program rules , or term inate this Agreement with no further obligation. 3. Xcel Energy Peak Saver Capacity, Payments, and Term a . Nominated and Delivered Capacity. Customer and EnerNOC understand that the capacity identified in Schedule A ("Nominated Capacity") is . the best estimate of performance and the average kW reduction during event hours relative to the program baseline ("Delivered Capacity") may vary. Customer and EnerNOC agree to adjust Nom inated Capacity in the future based on actual performance , changes in facility operations, Program rules , regulations and/or ot her relevant information. Customer shall not be eligible for payment until capacity is enrolled . b. Annual Capacity Price. Capacity price shall be $27 ,000/MW-year, divided equally across the year. c. Capacity Payment Calculation . In months with no event hours, capacity payment ("Capacity Payment") w ill simply be the Annual Capacity Price divided by 12 times the Nominated Capacity for that month . In months when one or more events are called , Delivered Capacity will be evaluated across all event hours, and payments will be prorated according to Customer's performance . For example , if Delivered Capacity is 92% of Nominated Capacity for the month of July, payment for this month would be 92% of the product of the Nominated Capacity times the Capacity Price for July. Capacity Payments are capped at 100% of Nominated Capacity. EnerNOC may, at its d iscreti on , remove such 100% cap on Capacity Payments for a single event on a case by case basis as conditions warrant. d. Energy Payments . Customers will receive $80/MWh for the first 44 Event Hours in a calendar year. Customers will receive $180/MWh for the second 44 Event Hours in a calendar year. Energy is equa l to Delivered Capacity ti mes the hours of the event (i.e . 1.0 MW of Delivered Capacity x 4 hours= 4.0 MWh). e. Payment Timing . EnerNOC shall make quarterly payments to Customer of Customer's share of all payments received by EnerNOC from Customer's utility during the precedi ng quarter in connection with Customer's participation in the Program . All Payments will be within 45 days of EnerNOC's receipt of payment from Xcel Energy. f. Term . The scope of services provided herein will comme nce on the date of this Agreement and shall terminate on September 30, 2016 (the "Term"); provided , however, that EnerNOC shall not be obl igated to make any payments to Customer hereunder until final acceptance by utility of enrollment of Customer's Capacity in the Program . Thereafter, this Agreement will renew for successive two year terms unless either Party gives the other Party written notice of termination at least 30 days prior to the expiration of any term . 4. Customer Support Requirements a . Acceptance Testing. Customer agrees to collaborate with EnerNOC in testing the ESS at each Site in a tiniely manner prior to registering with the utility in connection with the Program . b . ESS Installation . Within fourteen (14) days of execution by Customer of this Agreement, Customer shall provide a static Internet Protocol address and Local Area Network access that allows for Internet-based commun ication of Site's energy consumption and demand response event ("Demand Response Event") performance. c . Nondisclosure to Third Parties. Customer acknowledges that in its relationship w ith EnerNOC, it may receive information including (but without limitation): confidential information , business strategies , financial information , information re lating to the ESS and the EnerNOC system (the C0-2009.1 ENERNOC, INC . Page 1 of3 ~ENER NOC Get More From Energy "EnerNOC System"), and information contained in this Agreement , including the terms of the revenue sharing arrangement described in Section 3 above (all collectively "Program information"). Customer shall not disclose any Program Information to any third party or allow any third party access to such Program Information . d. Trade Secret Protection Obligations. Customer shall not alter, reverse engineer, disassemble , decompile or copy the ESS or any other EnerNOC System components and shall not allow any third party to use , access, or examine the ESS or any other EnerNOC System components . e . Use of Confidential Information . Customer acknowledges that EnerNOC may receive confidential information of Customer , either through data collected by the ESS and the EnerNOC System or otherwise, which may be used by EnerNOC for any necessary business purpose (so long as it does not disclose any uniquely identifiable confidential information of Customer). f . Service Provider Limitation . Customer agrees not to contract with any other demand response service provider for the Term of this Agreement. Should Customer wish to contract with another demand response service provider within one (1) year from the termination of this Agreement, Customer hereby entitles EnerNOC to match any written offer or proposal for demand response services within 30 days of receiving the proposal from Customer and, if Ene rNOC matches such offer or proposal , EnerNOC shall be awarded the associated contract. g . Logo Authorization . In connection with this Agreement, Customer hereby consents to EnerNOC's use of Customer's name and logo in EnerNOC's promotional materials, including , but not limited to , website, presentations and other printed materials . EnerNOC acknowledges that Customer is the owner of all right , title and interest in and to the Customer's name and logo and shall not take any action that is inconsistent with such ownership . EnerNOC shall not, by any act or omission , use Customer's name or logo in any manner that tarnishes , degrades, disparages or reflects adversely on Customer or its business or reputation . 5. General Terms a . Limitation on Liability. EnerNOC 's liability hereunder is limited to direct actual damages as the sole and exclusive remedy , and total damages shall not exceed the lesser of (i) the total amount paid to Customer under this Agreement during the six-month period immediately preceding the event giving rise to the claim(s) or (ii) $100,000 . All other remedies or damages (at law, in equity, tort, contract, or otherwise) are expressly waived, including any indirect, punitive, special, consequential , or incidental damages , lost profit, or other business interruption damages . b Limitation of Liability of Xcel Energy Inc . and Public Service Company of Colorado . CITY OF ENGLEWOOD -Public Works (Water Department) agrees that its sole recourse for all claims , losses, expenses, or causes of action in connection with any accident, injury or death to any person or damage to property arising from any acts or omissions of EnerNOC hereunder shall be against EnerNOC, subject to the limitations of liability applicable to EnerNOC contained herein . Neither Xcel Energy Inc. nor Public Service Company of Colorado shall be liable for any personal injury or property damage caused by the acts or omissions of EnerNOC hereunder. Neither Xcel Energy Inc. nor Public Service Company of Colorado shall be liable to Customer for any punitive, special , exemplary, consequential or similar damages, whether based in contract , tort , indemnity, or otherwise . Nothing in this Agreement shall change CITY OF ENGLEWOOD -Public Works (Water Department)'s retail electric customer relationship with Public Service Company of Colorado, including all applicable limitations of liability contained in Public Service Company of Colorado 's electric tariffs in effect and on file with the Public Utilities Commission of Colorado. c . Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without giving effect to choice of law rules that would require the application of any other law. d . Miscellaneous . Customer may not assign any of its rights or delegate any of its performance obligations hereunder without the prior written consent of EnerNOC . This Agreement contains the entire agreement between Customer and EnerNOC and can be amended only in writing signed by each of the Parties. If any of its provisions shall be held invalid or unenforceable , this Agreement shall be construed as if not containing those provisions and the rights and obligations of the parties hereto shall be construed and enforced accordingly . This Agreement shall be binding upon the parties together with their successors and assigns . e. Force Majeure . The parties shall be excused for any failure or delay in the performance of their obligations hereunder due to acts of God or any other legitimate cause beyond their reasonable control. f . Termination . EnerNOC may terminate this Agreement immediately if the Program is materially altered, suspended or ended. EnerNOC, Inc. Customer Name: Name: Title : Title : Signature : Signature: Date : Date : C0-2009.1 EN ERNOC, INC . Page 2of3 (i)ENERNOC Get Mo re From En ergy Schedule A Peak Site Address City Zip Nominated Capacity {kW) 1 Allen Filte r Plant 2 Union Ave . Pump Station 3 McClellan Pump Stati on C0-2009.1 ENERNOC, INC. Page 3 of3 MEMORANDUM TO: FROM: DATE: SUBJECT: Stu Fonda, Director of Utilities Tom Brennan, Utility Engineer @ April3 ,2009 American Recovery and Reinvestment Act ATT. JO On March 9, 2009 , the Water Quality Control Commission approved administrative actions in order to establish funding criteria for the American Recovery and Reinvestment Act (ARRA) funds made available to the State of Colorado for water and wastewater projects. The State of Colorado received approximately $60 million which will be equally divided between the Drinking Water Revolving Fund (DWRF) and the Water Pollution Control Revolving Fund (WPCRF). In conjunction, the Colorado Water Resources and Power Development Authority Board adopted the ARRA loan forgiveness /loan terms associated with the ARRA funds. The policy requires that not less than 50% of the funds shall be applied to principal forgiveness. Principal forgiveness is limited to just the first $2 million per project. The policy also allows for loan terms of up to 20 years, 0% interest, and zero administration fees . The administrative actions allowed for additions to the 2009 Project Eligibility List which was closed on June 30, 2008 for the year of 2009. In regards to the DWRF, the Eligibility List Appendix J Category 6 Additions to the 2009 Project Eligibility List was approved. As such, all additions to the 2009 DWRF project list will be assigned as a Category 6. Eligibility List Priority Ranking Categories were developed to emphasize the most immediate public health and compliance issues . Projects on the list will be classified by category 1, 2, 3, 4, 5, or 6, with 1 being the highest priority. Category 6 projects would receive funding only if necessary to fully utilize ARRA funding. Projects identified in categories 1-5 on the current Commission approved 2009 Project Eligibility List would be considered for funding, in order within each category, prior to those projects identified in Category 6 Appendix J. Presently the DWRF has $1.2 billion in requests on the 2009 list according to Michael Beck, Project Manager, with the State WQCD. The ARRA funds will be administered through the DWRF program and each applicant must meet all requirements and deadlines. The City of Englewood does not meet the DWRF requirement in their Conservation Plan that requires that the City be 100% metered. Currently, the City is approximately 80% metered making compliance not obtainable. Additionally, the funding process time scale, deadlines, was shorten from an average of 27 months per the D WRF website to 6 months. If any deadline is missed the project is removed from eligibility. Finally, the City's 2009 capital projects that could move this fast are pipe replacement projects which are a Category 5 on the eligibility list. This rating would make chances of obtaining the ARRA funds extremely unlikely. Therefore, after conversation with the State WQCD and researching the program requirements, it is my option that it would not be productive to move forward on applying for funding through the DWRF program. Nevertheless, the City has applied for funding through the Bureau of Reclamation Water Marketing and Efficiency Grants Program for City Ditch repairs. The Bureau may receive additional ARRA funds to help fund this program. A conservation plan is not required for this program allowing the City to be eligible for funding consideration. ,, Page 1 of Stu Fonda From: Dennis Stowe Sent: Monday, March 30, 2009 1 :47 PM To: Gary Sears; Jim Woods; Rick Kahm; Charles Blosten Cc: Stu Fonda; Page Parker Subject: Economic Stimulus Funds Attached is a memorandum describing how Colorado intends to 'distribute' American Recovery and Reinvestment Act funds . There are $30,000,000 available for wastewater projects, which will be administered in the state 's revolving loan program by the Water Resources and Power Development Authority. We have submitted a preliminary engineering report to the state to get on the eligibility list for funding for the capital projects slated for this year, including the air header replacement, digester repair and the new storm drain. The estimate provided to the state was $1 ,500,000. Funding would be through a loan , with half of the project cost 'forgiven ' and the remainder at 0% interest. In order to proceed , each city would need to submit a loan application and to the WR&PDA and a site application to the Water Quality Control Division by April 27, submit a design report to the WQCD by May 31 and submit plans and specifications to the WQCD by June 30. The cost to prepare these documents is estimated to be $20 ,000, not including the loan applications themselves. This is an additional cost above the approved engineering contract with S&C . Our report is one of 150 preliminary design reports that were submitted to the WQCD, so only a small percentage of the projects submitted will get financing through this program. Additionally, our project is in Category 2 which has a lower priority in the state's funding program . Category 1 projects include projects in smaller communities and projects the correct a public health problem or remediate an environmental issue. As such , the probability of getting funding for our project is low. Please review the memo at your earliest convenience and let me know if we should proceed with the loan application process. If we proceed, we will need to start working on the April 27 documents quickly. 3/30/2009 MEMORANDUM TO: Stu Fonda, Director of Utilities Dennis Stowe, WWTP Manager FROM: Chong Woo, WWTP Project Engineer DATE: March 27, 2009 SUBJECT: American Recovery and Reinvestment Act (ARRA) Summary Review for LIE WWTP 2009 Projects As part of the American Recovery and Reinvestment Act (ARRA) of2009, signed by President Obama on February 17, 2009, the State of Colorado is to receive Federal funding to make available for Water and Wastewater Projects throughout the State. According to my discussions with the State, Colorado's portion of the funding is approximately $60M, to be equally divided and administered by the Drinking Water Revolving Fund (DWRF) and Water Pollution Control Revolving Fund programs (WPCRF). As part of the ARRA, the State opened an additional category or priority list (Category 6) for those communities or utilities which previously were not on the 2009 Eligibility List. Projects identified in Categories 1-5 on the current Eligibility List would be considered first, in the order within each category, prior to the Category 6 projects. On March 9, 2009 the Colorado Water Resources and Power Development Authority (CWRPDA) Board adopted the ARRA "Loan Forgiveness/Loan Terms" policy associated with only the ARRA funds. For the Wastewater side, it states that not less than 50% (or $I SM total) of the ARRA funds would be applied to principal forgiveness. Principal forgiveness is limited to just the first $2M per project. The ARRA plan offers loan terms of up to 20 years, 0% interest for the balance beyond the first $2M, and zero administration fees. To be eligible for the ARRA funds, each utility must meet the following requirements. • Be on the 2009 WPCRF Project Eligibility List. ---Done for LIE WWTP • Be in guidance with the following requirements: Comply with the guidelines of the Wastewater Green Infrastructure Program, which includes green infrastructure, energy efficiency, water efficiency, and environmentally innovative projects. Davis-Bacon Act, referring to prevailing wages, overtime pay, and weekly payroll certifications. Buy American Act, requirement to purchase all of the iron, steel and manufactured goods within the United States. Disadvantaged Business Enterprise <DBE), contract administration requirement that replaces the former Minority and Women Business Enterprise Program. •• • • Submit all technical documentation by established deadlines: March 23, 2009, submit approvable Preliminary Engineering Report (PER) and Checklist. ---Brown and Caldwell, on behalf of LIE WWTP submitted the PER/or the Secondary Treatment System Aeration Air Pipe Replacement, NE Area Stormwater Pipe and Inlet, and the Secondary Clarifier Dewatering Well projects. The total fund requested was $1. 5M Please note the 2009 budget for construction was $1.29M April 27, 2009, submit loan application, approvable site application, and associated fee. While we feel that a site application is not necessary, if the State requires it, assistance from Brown and Caldwell will be needed. Additionally, because of time constraint to meet deadline, efforts will need to be accelerated. We estimate this effort at $1 OK May 31, 2009, submit an approvable Process Design Report or Engineering Report . Cost for Brown and Caldwell, $5K. June 30, 2009, submit approvable Plans and Specifications and Environmental Site Assessment Report. Cost for Brown and Caldwell, $5K. July 31, 2009, fully respond to any WQCD questions and comments. September 30, 2009, complete bidding process, issue Notice to Proceed, and begin construction. Based on my discussions with the State, approximately 150 PERs were submitted by the March 23, 2009 deadline. The total dollar amount requested was not known, and may not be known until after the April 27, 2009 deadline for loan application and site application submissions. The ARRA funds will be administered through the State Revolving Fund (SRF) program. The funds will be given to those with the highest priorities 1-6 until the $30M is exhausted. The State has an evaluation procedure to determine which utilities would have the greatest need. The LIE WWTP is on the Eligibility List as a Category 2 and we have requested $1.5M from the ARRA funds. To give some further insight, from the 2009 Eligibility List: Category 1 Projects: 66 total projects listed >$222M requested Category 2 Projects: 210 total projects listed >$1.25B requested The LIE WWTP is prepared to proceed along the path to apply for the ARRA funds. However, in considering the amount available ($30M) measured against the total number and costs requested from Category 1 facilities ($222M) and the total number of Category 2 facilities ($1.25B) which we would be competing against, it would seem the chances of obtaining the ARRA funds is low or even unlikely. Category 1 facilities include mostly smaller, rural communities with the greatest need to improve or benefit public health or that will remediate a public health hazard. Additionally, in order to meet the submittal deadline requirements, the LIE WWTP would need to begin immediately to prepare for the loan application and site application requirements. Based on our estimation, to continue along the path to complete all of the necessary submittals; assistance from Brown and Caldwell would be needed at an additional cost of $20,000. I believe the LIE Supervisory Committee will need to review this information, provide discussion, comments and questions, and consider whether it is prudent to continue forward. Thank you.