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HomeMy WebLinkAbout2009-05-12 WSB AGENDAWATER & SEWER BOARD AGENDA TUESDAY, MAY 12, 2009 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF APRIL 14, 2009 MEETING. (ATT. 1) 2. JANE JORDON -GUEST-SEE PREVIOUS PACKET FOR INFO. (ATT. 2) 3. WASTEWATERMAINT. AGREEMENT . (ATT. 3) 4. OTHER ENGLEWOOD WATER & SEWER BOARD PHONE VOTE APRIL 22, 2009 A phone vote was taken from the members of the Englewood Water and Sewer Board for the April 14, 2009 minutes: Mr. Habenicht moved; Mr. Clark seconded: Ayes: Nays: Members not reached: Motion carried. To approve the minutes of the April 14, 2009 Water and Sewer Board meeting as corrected. Habenicht, Clark, Moore, Cassidy, Wiggins, Woodward, Oakley, Higday, Burns None None The next Water and Sewer Board meeting will be held at 5:00 p.m. on Tuesday, August 12, 2008 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary WATER AND SEWER BOARD MINUTES April 14, 2009 The meeting was called to order at 5 :03 p.m. Members present: Members absent: Also present: Bums, Moore, Cassidy, Wiggins , Woodward, Habenicht, Higday, Oakley Clark Stewart Fonda, Director of Utilities 1. MINUTES OF THE MARCH 10 , 2009 MEETING . The Englewood Water and Sewer Board received a copy of the minutes of the March 10, 2009 meeting. Mr. Wiggins moved; Mr. Habenicht seconded: Ayes : Nays : Members absent: Motion carried. Mr. Gray Clark entered at 5 :10 p.m. To approve the minutes of the March 10, 2009 Water and Sewer Board meeting . Moore , Cassidy, Wiggins, Woodward, Habenicht, Higday, Oakley None Clark 2. FRONT-END LOADER PURCHASE. The proposal is to purchase is for a KOTMA TSU W A20066 Front Wheel Loader to replace the 1995 Volvo L-50D Front Loader Unit #1330 . The loader is used primarily for moving alum sludge from the beltpress to the stockpiling area. It is also used for City Ditch repairs , snow removal, yard maintenance, handling materials such as rock, bedding materials and 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 after becoming inoperable during a Parks Department project. Englewood received seven bids . The lowest, acceptable bid was received from Power Motive Corp. in the amount of $95,468 .19 plus $3, 130 for a fork for a total bid of $98,598 .19. Funds are available through the CERF Program with additional money from the Utilities Department ($5 ,000) and the Park Department ($5,000). Discussed ensued regarding equipment lending policies among City of Englewood departments. Mr. Fonda noted that he has had discussions with the Director of the Parks Department regarding this incident and what procedures would be put in place to prevent future problems. Mr. Clark moved; Mr. Cassidy seconded; Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the purchase of a KOTMATSU W A200-6 Front Wheel Loader with an optional fork from Power Motive Corporation in the amount of $98,598.19 . Moore, Clark, Cassidy, Wiggins, Woodward, Habenicht, Higday, Oakley None None 3. LICENSE & TEMP. CONSTRUCTION EASEMENT FOR TURN-OUT GATE FOR 2890 S . CLARKSON ST. A construction easement and license agreement was submitted by Mr. and Mrs. Bray at 2890 S . Clarkson Street to install a tum-out gate for potential ditch water to be purchased from the Denver Water Department. The tum-out gate would be constructed across and adjacent to the City Ditch right-of-way. A final engineer's drawing will be attached after construction and final survey. Mr. Fonda explained the existing recirculation system and the use of ditch rights in the City Ditch north of Hampden. Mr. Bums moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the license agreement and construction easement for a tum-out gate in Englewood's City Ditch easement at 2890 S. Clarkson St. Bums, Clark, Higday, Moore, Cassidy, Wiggins, Woodward, Habenicht, Oakley None None 4. BIG DRY CREEK INTERCEPTOR FINANCES -REFUND DISTRIBUTION. In 1990 the City of Englewood, Southgate, South Arapahoe and South Englewood Sanitation districts entered into the Basin Interceptor Agreement (IBA) for maintenance and capital improvements for the Big Dry Creek Interceptor. The interceptor was reevaluated by Southgate in 2008 and it was concluded that the capital needs have been met and the 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. When the Big Dry Creek Interceptor Fund started to distribute its unused capital money to the members, the Utilities Department staff recommended that money be used to pay the 1,626 inside City, non-sanitation district customer's interceptor maintenance fees for a period of time, estimated to be 2019. Because of the increasing maintenance to 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 .97 per year to approximately $13.00 per year. Mayor Woodward questioned how the IBA charges and the amount sent to Southgate is calculated. Mr. Bock was available to explain how the billed amounts are figured. Stu directed John to determine the basis upon which these rates are calculated and to confirm they are in compliance with existing rate ordinances. John will report his findings at a future meeting. Mr. Higday moved; Mr. Bums seconded: Ayes: Nays: Members absent: Motion carried. 5. WATER RIGHTS UPDATES. To table a motion regarding refund distribution for the Big Dry Creek Interceptor pending additional information. Bums, Clark, Higday, Moore, Cassidy, Wiggins, Woodward, Oakley, Habenicht None None The Board received from David Hill, Englewood's Water Attorney, water rights updates dated March 5, 2009. Stu discussed developments in water litigation cases in which Englewood is involved . 6. ARTICLE FROM THE DENVER POST, "HAZARDS IN THE WATER," DATED MARCH 22, 2009 The Board received an article that appeared in the March 22, 2009 Denver Post that discusses Colorado communities that are not in compliance with public health standards. Stu noted that the communities discussed in the article are small, rural water districts that are struggling with aging distribution systems and would be considered first for the $32 million in stimulus money. 7. DELINQUENT ACCOUNTS REPORT. At a previous meeting the Board requested information on how the recession is affecting the Utilities Department's collections. The Board received a red tag and turn-off summary for 2008. John Bock noted that the overall number of delinquent accounts has remained the same, but the dollar amount has increased. Mr. Higday was excused himself at 6:03 p.m. 8. ENERNOC CONTRACT. Stu discussed the ENERNOC Xcel Energy Peak Savings Sales and Services Agreement being considered by the Utilities Department. This purpose of the agreement is to cooperate regionally in an attempt to lower peaking factors for Xcel Energy. The contract was revised to note that the only penalty to the City for non-performance would be a reduction or elimination of potential payments. There was also further clarification of event windows. 9. AMERICAN RECOVERY AND REINVESTMENT ACT. On March 9, 2009 the Water Quality Control Commission established funding criteria for the American Recovery and Reinvestment Act for funds for the State of Colorado for water and wastewater projects. Colorado received approximately $60 million which will be divided between the Drinking Water Revolving Fund (DWRF) and the Water Pollution Control Revolving Fund (WPCRF). The Board received memos from Tom Brennan, Utility Engineer and Dennis Stowe of the Wastewater Treatment Plant, noting that because Englewood does not meet the DWRF requirement in the conservation Plan, which requires that the City be 100% metered, the probability of Englewood getting funding is non-existent. Additionally, there are so many requests with higher priorities that Englewood would probably not receive funding if the City required the immediate installation of meters. Stu discussed the advantages of the existing meter conversion plan for Englewood residents. The next Englewood Water and Sewer Board will be held Tuesday, May 12, 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, A IT. 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 like it put in place, that all City of Englewood residents receive some sort of written notification from the City when Sewer problems 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. SincereJy, Jane Jordan Home# 303-783-9557 Work# 303-238-1231 ~~: Mr . Weatherman, Allstate Insurance Co c T y Jane Jordan 1020 E. Bates Parkway Englewood , CO 80013 0 F ENGLEWOOD Re: San itary 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 this 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 homeowner 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 me:ri.t, and will be the subject offur:ther policy di:;cussions. The second concern was about the cleanup services offered by the City. It is important to understand that , under Color.ado S.tate law and the ·Englewood Municipal C9de~ so iong 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~mlt of a blockage in the sewer main. ln actuality , all the City is legally required to do is maintain the sewer main and nothi~g . more . However , because of the traumatic nature of a sewer backup, because of thel1eaith concerns, and because an ordinary homeowner would not likely know bow best to handle the situation , the City , as a purely vo]untary, good will 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 anc:\ Sewer Board has approved. 1000 Eng lewood Pa rkwa y Eng lewood, 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 perfonn 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 Clty who, in twn, will submit it to our insurance carrier . That letter can be set.me for proper handling . If you have any questions or need assistance, .feel free to conlact me . D~ 'Jn~: . . . Utilities Manager of Administration 303-762-2643 Fax 303-783-6894 jbock@englewoodgov.org . 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 ~ \...A->- Cc: Mr. Weathennan, Allstate Insurance MAKL1 1 -~UU8 WED U~:~~ PM Tri County Complaint Tri-County CO -Complaint Investigation Date Recei'led : 02/27/2009 Cate Entered : 03f04/2009 §~tablishment Information EstabllehmQnt: ID Number: 6181 f'aclllty Name: Private Res idence Address 1: 1020 E. Bates ParkWay Address 2: City: Englewood State: CO Phone: (303) 783·9557 Owner Information Owner Name: Jane Jordan Address 1; 1020 E. Bates Parkw~y Address 2: City: Englewood · St~111 : CO Phone : (303) 783-9557 Zip: 80113 ~ip: 801 13 ~. uu i'. Page 1 of2 Service Requested: Sewage entered the basement of the home at this address on 2/17/09, due to a backup in 1 sewer line In the street. Sewer line is owned by the City of Englewood. · Caller information, Caller Name : Jane Jordan Address 1: 1020 E. Bates Parkway Addriess 2: City: Englewood Stat@: CO Home Phone: (303) 783-9557 Work Phone: (303) 238·1231 Cell Phone: Email Addreu : Zip : 80113 http://td.co .gegov .com/webadminlpaperl_paper_co_complaint_fonn .cfin?complaintlD_,51 ... 3111/2009 . ·- MA R-1 1-2009 WED 03:34 PM ___J!J County Complaint Complajnt lnformatioo Territory: EHS A.Higned: John 6ergstrom Taken Sy : gee Programs: 251 -Sewage Spills Date : 03/02/2009 Investigation Report ~ecar& p, 003 Page 2 of2 Flndlngg: Warren Brown reviewed Ms. Jordan's 2127/09 letter and caillad her to dlscuas the oomplalnt. She was concerned ab¢ut the lack of communication between her 1!11'\d the City of Englewood and BelfQr Property Re&torsuon, Englewood's remediation contreotor. Ms. Jordan stated that Be lfur had done cleanup work In her home and had 1'$lt10ved the drywall that h been in contact witti the sewage. She expressed conc~rn tnat eelfor would not replace the drywall that had been removed . Wsrran Brown caned Jon 6ock, with the Clty of Englewood Vttntles Department, to discuss Ms. Jordan's concerns . Mr. 13oek explained that It was not posslble to notify every homeowner tha~ may be impacted whenever they have a blockage in a sewe main . Thay rely upon the property owners to contact them . If the owner hire& a drain cleaner, who then littorrria them the blockage Is In the ma in, they wiR pay fo r the drain deaner. Mr. Bo~ explatned that they reta in Be lfor to do clean"p of sewage into baHment9, If the splll ls the result of~ eewegc bac:kup ln a city-owned sewer line ~ 3ven tttough they are not legally requ i1 lo do so . They provide each owner written notice gxplalning what ttiey wlll and wm ~ot do to remedia~a the splll . Warren Browi Informed Mr. e.;ck that Me . Jorden was concerned tha t lh9 ''tock box • BelfOr he.d olaced on her door had not been removed . ~ stated that he would cau ~lfor to get that removed . He a.lso stated lhat IW~. Jordan could send a letter to l'l im or call if etie is r &atls~ed with the City's response . Time $1>4nt: 01 ;00 O~te : 03/11/2009 Flndlngs: Tri-County Hea lth Department Is saftSfled tl'let the Ci~y o1 S.ngl~wood has taken reasonable and appropriate measures to address th9 sewage b9ckup. If Ms. JOf'dan has addllionsJ oonC1Jrns , elie should contact the City of Eng lewood lo foltow up on those concerns . Time Spent: O:O!S NOV lnued Date: Statulil: Closed httn://td.co.2erzov .com/webadmin/pa.per/ fllt'per co complaint_fonn.cfui?complaintID=S 1... 3/1 l/2009 Apr ' 07 09 10: 32a s@rver print@~/ scanner 303S870934 p. 1 Weatherman Insurance Agency 9150 W Jewell #6 Lakewood, Co 80232 303-987-9076 To whom It may concern: On or about 2/17 /2009 Jane Jordan's property 1020 E Bates Pkwy, Englewood} Co 80113 was damaged by sewage which emanated from lines owned and maintained by the city of Englewood. The clean up was addressed by a contractor hired and supervised by the city but damage to the structure such as drvwall etc was not repaired. By contracting a mitigation crew and paying for this service the city is as much as admitting their responsibility. The additional damage and/or any deductible should be the responsibility of the city of Englewood at this point. The assumption that a homeowner' s policy automatically covers these types of damages is not necessarily true. In some cases the policy has not been @ndorsed for water backup damage and in the event the endorsement does exist the carrier has the right of subrogation against the causing party or source. If you have any further questions please feel to contact me: - Allstate Insurance Company 303-987-9076 Policy 920009602 ··'"":-" NOTICE TO ENGLEWOOD SANITARY SEWER CUSTOMER SANITARY SEWER BACKUP REMEDIATION Dear Englewood sanitary sewer customer: You are receiving this notice becau$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 w~en .t!Jis happen.s. , When sewer main blockages do oc~ur, it is the City of Englewood's practic~ to contract with a company that specializes in water. ana sewage damage remediation . The remediation company is authorized: to perlonn the following services only: > Water/sewage extraction > Sanitize with .an anti~microbial treatment );>-Make necessa.rY drywaU flood cuts. )> Clean and deodorize by mopping . . . . · )> Move the furniture and conten.ts of the affected rooms . as necessary .. );>-Pack books in boxes ..,,.. Wipe down furniture )> Run drying -bl:owers as necessary )> Run dehumidifiers as necessary J> Lift carpet and pads for drying. . . ... . . .... . . -· > Lift and dispose of ~Pts and carpet pads if necess.aly .. > Replace carpet with «lti.ivalent if necessary · ., · ·· > Replace carpet pad with equivalent if necessary . )> Remove and replace flood4.tol,~.um or floor tiles .with equivalent as necessary. )> Laundry -anti-microbial treatilfont )> Laucidry" -Pack in. bags J> Laundry-leave disinfectant soap for washin · ~ From a legal st.a.ndpoint, the City of Englewood is under no obligation to do anything other than main~in its sewer mains. So long as the City has made.a -good faith . effort to adeqliately maintain· its sewer mains, it is not liable for any loss or dwil:age.·a property !!)wner may fucur as the result of a block.age and backup ,in thps~ mains. A propeit}' bwner ·a-ccepts, ~ ~·ert~io. ~ount of risk by connecting to the City's sewer system which can:~eolne bioc\{ecf"(af re.asons out of the City 's control . · · · :. :· · · · · · · : By agreeing to authorize the performance ofthes~·:c;teariup ~rvices~ the ;City of Englewood in no way accepts or acknowledges aay.Jfability for Iosses ::'ot ~age tc;:> the affected property caused by a. blockage and backup in its sewer _system . If the ·prop~rtjt ·oWn.er desires services beyond those listed here, they may contract directly with the remediation company or contact their individual insurance company for direction. l/We , oyvner(s) oftbe property at_~-------- _Elect to aflow entry into our premises by City pers~nnel for inspection of damage and evaluate cleanup needs. _Chose to decline the City's offer of cleanup services . Signed __________________ Date Englewood Utilities Department 303-762-2635. ·---·--..... - . . . -~" :lti .. .· '•···· : ·.~:~?~)~·. : ... , .. _ ·-. 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 incurred 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, launchy room floor and also into my storage room and larger room I cleaned up the water and then proceeded to call Garvins Sewer Services who I use yearly to maintain/clean my pipes from possible weeds, etc. (Garvins # 303--571- 5 l 14). Garvins came 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 utility 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 supervisor, 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 of Monday, 02116/09 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 th.at I did not believe that this was right because a homeowner would not be aware of what the cause 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 etct 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 conditions of sewage water. This in my opinion, b~ up the issue of public health/safety . If not notified by the City~ 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 Parkway, Englewood, Co 80113 Page3 I have also firxed 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. (Garvins-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 from their company would eome 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 comm\lll ication 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. ..-··--. JaneJordan '~ ""LM ~~ Cc: City of Englewood, Utilities Department, John Bock Belfor Property Restoratio~ Pat Southers Cathy Burrage From: John Bock Sent: Thursday, April 09, 2009 8:20 AM To: Cathy Burrage Subject: FW: 1020 E . Bates Parkway From: Bryan Cheek Sent: Wednesday, April 08, 2009 1:58 PM To: John Bock Subject: 1020 E. Bates Parkway Page 1of1 Regarding 1020 E.Bates Parkway sewer back up, I was asked by my supervisor John Bock to deliver a release/agreement form to the homeowner @ this address to have it signed and explain policy of what the City of Englewood covers on sewer back ups caused by the City's sewer main.When I arrived at her home I asked her if she could read over our policy and sign the form so we could proceed with her claim. She read and signed the form and was very appreciative of the promptness of our service.To reenter ate it was never said to her from me, that there was no reason for her to read this form but just sign it.I feel my customer service skills and my years of service would reflect her statement of not being true .I thought both her and I had a very clear understanding of these procedures/policy of the cleanup! Bryan Cheek City of Englewood Utilities Department Field Service Tech 303-783-6836 51612009 MEMORANDUM TO: FROM: DATE: Dan Brotzman, City Attorney Stu Fonda, Director of Utilities John Bock, Utilities J/) . Nancy Reid, Assistant City Attorney /(})~ April 28, 2009 A Tl. 3 REGARDING: Wastewater Collection system Maintenance Agreement. Attached is the Wastewater Collection System Maintenance Agreement with Stu's latest changes. Attachment NNR/nf WASTEWATER COLLECTION SYSTEM MAINTENANCE AGREEMENT An Agreement, dated this __ day of __________ _ 20~,betweenthe ______________________ _ (Collection System Owner) and the City of Englewood (Englewood), regarding the maintenance of a certain wastewater collection system: WHEREAS, the System Owner owns and operates a sanitary sewer transmission system, consisting of easements, collector and transmission lines, cleanouts and manholes (collection system facilities), this system is used to provide sanitary sewer service to the system's users in parts of Arapahoe County; and WHEREAS, the System Owner's wastewater collection system is shown on Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, System Owner does not currently own or operate any maintenance equipment for such a wastewater collection system; and WHEREAS, Englewood owns and operates its own system of sanitary sewer transmission lines, exclusive of the System Owner's system, and has the equipment and personnel available to maintain the System Owner's system as well as its own system; Now, therefore, System Owner and Englewood hereby covenant and agree as follows: 1. Englewood shall provide normal, routine, and extraordinary or non-routine maintenance, repair and replacement services for the collection system facilities, as shown in Attachment A, as needed to insure efficient, continuous and economical service within the Owner's collection system. Flushing and cleaning of the sewer mains and point repairs not deeper than ten feet ( 10 ') and not longer than ten feet ( 10 ') shall be considered normal and routine maintenance, repair and replacement. Point repairs deeper than ten feet (10'); and/or longer than ten feet ( 10 '); or where unusual conditions exist, such as, but not limited to, excessive ground water, excessive slope or excessive vegetation, which limit or inhibit Englewood's ability to fulfill its obligations under this Agreement, shall be considered extraordinary and non-routine repairs and replacements. 2. Englewood's maintenance and repair of all System Owner facilities in the system, except for the construction of new or additional facilities, shall include, but not be limited to: (a) The annual cleaning and inspection of the Owner's wastewater collection system as described in Exhibit A (manholes, cleanouts and transmission lines), such cleaning and inspecting may include visual and TV inspections, root-sawing, chemical line treatment and the jet flushing of lines, as conditions warrant. (b) Responding to all emergency calls and taking the appropriate remedial action and cleanup, if necessary . The System Owner will pay for the cleanup resulting from a stoppage or backup in any user 's individual service line caused by a malfunction in a System Owner's line. Englewood, without prior approval from the System Owner, is authorized to contract for any such cleanup, which the System Owner agrees to pay. If the malfunction in a System Owner's line is occasioned by Englewood's actions , Englewood shall pay for the cleanup. This determination shall be solely Englewood's . (c) Responding to requests to locate the sewer mains, collector lines and manholes in this collection system. Englewood will not be responsible for locating privately owned sewer service laterals in this collection system other than to indicate where the laterals are connected to the mains to the best of their knowledge as indicated by the City of Englewood's records . ( d) Englewood shall be responsible for marking all System Owner facilities and system upon notice from the statewide one-call system, UNCC or its successor, pursuant to C.R.S . 9-1.5-101, et seq., marking the same in the manner and within the time established by that statute. Englewood shall be responsible for the marking only, and the System Owner shall pay the monthly fees to UNCC or its successor to notify Englewood to make such markings. 3 . System Owner agrees that it will assume ownership of any existing wastewater collection system facilities within the Collection System to facilitate a maintenance agreement with Englewood . Any additional service facilities needed to serve the area shall be constructed at the Owner 's expense, to Englewood standards, and System Owner agrees to assume ownership of the facilities of the collection system upon deeding to System Owner by the property owners . Ownership shall be by written conveyance . However, each such conveyance must be approved by Englewood before it becomes a part of the collection system approved by this Agreement. 4. System Owner shall continue to own the collection system. Any rights-of-way utilized in the collection system shall continue to be held in System Owner 's name and shall be maintained by System Owner. System Owner further agrees to acquire and hold right-of- ways or easements of sufficient size to permit operation and maintenance activities on any public or private property where existing or future facilities are located, and to maintain those easement and rights-of-way free of landscaping, structures or other obstructions which would interfere with Englewood 's maintenance obligations under this Agreement. Englewood shall not be obligated to maintain sewer lines where adequate right-of-way, free and clear of landscaping or obstructions does not exist. In such circumstances, if authorized in writing by System Owner, Englewood at its option, may attempt to perform the maintenance without any liability whatsoever for damage to private property. Prior to the Parties entering into this Contract for collection system maintenance, the collection system shall be televised and videotaped to determine the condition of the system. The cost of his procedure shall be borne by System Owner. Any repair or rehabilitation necessitated in the opinion of Englewood shall be at the sole expense of System Owner. 2 5. Where the Wastewater collection is billed by Englewood, users on the Collection System shall have additional fees added to their existing wastewater treatment bills to cover the cost of providing this maintenance service. The amount added for normal , routine flushing and cleaning maintenance services shall be at a rate which is based on the same estimated annual cost per linear foot of sewer main that Englewood charges for normal, routine flushing and cleaning within the Englewood Wastewater Collection area. The rate may be changed from time to time, but the amount shall be the rate necessary for Englewood to recover its normal maintenance costs for the Collection System of the Owner. It is the intent of this agreement that Englewood recovers from each sewer service area in Owner's System the amount of revenue necessary to cover its reasonable maintenance costs and avoid a situation where the citizens of Englewood subsidize users of the Owner's System. The routine maintenance charges shall be divided among the customers in each sewer service area as directed by System Owner. For this reason the customers in different sewer service areas may have different maintenance charges on their annual bills. The cost of non-routine repairs shall be charged directly to and paid by System Owner as a separate item. In the alternative, for the services rendered as herein defined, the System Owner may elect to pay to Englewood $ per year during the term of this Agreement, payable quarterly, in arrears by the 10th day of the month following the end of each calendar quarter, one-fourth (1/4) of the annual amount. Payments for any partial calendar quarters at the beginning or the end of this Agreement shall be prorated based on the number of days of service provided by the City, divided by the number of calendar days in the quarter affected. All payments made pursuant to this Agreement, shall be to the City of Englewood, Department of Utilities, and remitted in care of the Director of Utilities at 1000 Englewood Parkway, Englewood, CO 80110 . This billing does not include non- routine repairs which shall be billed separately. 6. The System Owner, by this Agreement Grants and conveys to Englewood a license, but not ownership, over all the wastewater facilities in the Collection System. System Owner agrees that it will not exercise any dominion whatsoever over any of the wastewater collection facilities in the Collection System which are inconsistent with the performance by Englewood of its' rights and obligations hereunder. It is agreed that "license", as used in this Agreement, shall mean the right to use, connect, disconnect, modify, rehabilitate, extend, enlarge, replace, improve, convey, abandon or otherwise dispose of any and all of the Collection System facilities, but only in so far as is reasonably necessary to perform Englewood 's maintenance operations under this Agreement. Should System Owner not approve the replacement or improvement of some portion of the Collection System which does not meet Englewood's minimum standards, Englewood may, at it's option, continue to maintain that portion to the best of its ability, but shall not be held responsible for any inadequacies or failures of said portion which may occur as a result of the substandard condition. Such responsibility shall be with the System Owner upon written notice to the System Owner by Englewood. 7. System Owner shall obtain and pay any fees for street cut permits for Englewood when such permits are necessary for Collection System maintenance work. System Owner shall be responsible for asphalt or concrete replacement costs in street or sidewalk cuts made by Englewood for Collection System maintenance. 3 8. System Owner agrees that Englewood is not obligated to enlarge or extend or bring up to any standards any existing facilities in the Collection System. 9. This Agreement is contingent on System Owner having a current Standard Connector 's Agreement with Englewood. 10 . All general rules and regulations and amendments thereto placed in force by Englewood concerning the operation, conditions of service and procedures relating to the installation of new services in the Collection System, shall be fully enforceable in the Collection system as in Englewood. System Owner agrees to exercise its authority to enforce Englewood's applicable sanitary sewer system ordinances and rules including those made to protect the collection, transport systems and the treatment facilities; to assure Englewood that any new installations in the Collection System are constructed to the standards of Englewood; and to assure collection of delinquent accounts . 11. By providing maintenance service, for the Collection System, Englewood does not release System Owner from its responsibilities and obligations as set forth in the Standard Connector 's Agreement, nor does Englewood, incur any liability resulting from the maintenance of the Owners Collection System. 12. No enlargement of the Collection System or any other amendment of this Agreement shall be made unless it is by mutual agreement. 13 . It is agreed that for failure of System Owner or Englewood to perform their duties under this Agreement, in all its essential parts, either Party may terminate this Agreement. Prior to such termination, the terminating Party shall provide written notice to the other Party of the deficiency and provide adequate time to correct these deficiencies, not to exceed one year. Not withstanding the above , Englewood shall always have the option to discontinue maintenance services to the collection system at its discretion by providing sixty (60) days written notice . 14. The term of this Agreement shall be for one year beginning from the effective date of this Agreement. At the end of one year, if both agree, this Agreement may be renewed by the Director of Utilities in three (3) year increments. After the first three (3) year extension, System Owner or Englewood may discontinue this Agreement at any time with written notification not less than one year prior to the desired ending date. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period, the government entities subject to TABOR limitations may terminate this Agreement at the end of any fiscal year. 15 . System Owner shall have the ability to place appropriate and legal charges on the sewer bills sent to customers within the service area. Englewood agrees to collect such charges at the request of the Owner and forward such charges to System Owner. Englewood shall have the ability to charge System Owner a reasonable and customary administrative fee to bill and collect any such charges . 16 . In the event that any provisions of this Agreement are in conflict with the Standard Connector's Agreement of System Owner, the Connector's Agreement shall govern . 4 17. The City of Englewood shall not be responsible or liable for damages to any property which may result from its maintenance of the Sewer Collection System whatsoever. The City of Englewood shall perform due diligence in maintaining the Sewer Collection System, which due diligence shall mean that Englewood shall flush or clean each sewer main not less than once per calendar year. 18 . Englewood will provide reports on the cleaning, inspection, maintenance, repairs and general operations of the System Owner 's system quarterly on or before the end of the month following each calendar quarter during the term of this Agreement and, within the next business day, provide reports of all emergency responses, and the System Owner will provide contact persons and telephone numbers to Englewood for such purposes . 19. All notices pursuant to this Agreement shall be in writing, send certified mail, return receipt requested or hand-delivered, notice being given when received, addressed to each of the parties, with a copy to each party's attorney, as follows : CITY OF ENGLEWOOD Department of Utilities c/o Stewart H . Fonda Director of Utilities 1000 Englewood Parkway Englewood, CO 80110 (System Owner) Address City, State Zip Daniel L. Brotzman City Attorney 1000 Englewood Parkway Englewood, CO 80110 System Owner's Attorney Address City, State Zip Each party agrees to give notice to the other of any change in its representatives or their address. 20. This Agreement represents the complete understanding of the parties, and each, by the signature of its representatives below, agrees, covenants and warrants to and with the other that each has full authority to enter into, bind and obligate the party for whom each signs. This agreement may not be assigned by either party without the advance written approval of the other; and shall not be amended or modified, except in writing, which modification or amendment shall not be effective until the same is reduced to writing and executed by both parties hereto. 5 IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD By: __________ _ Stewart H. Fonda Director of Utilities City of Englewood By: __________ _ Chairman Englewood Water and Sewer Board By: __________ _ Mayor- (System Owner) By: __________ _ Title: Date:------------ Date:------------ Date:------------ Date: ___________ _ 6