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HomeMy WebLinkAbout2013-02-12 WSB AGENDAWATER& SEWER BOARD AGENDA TUESDAY, FEBRUARY 12, 2013 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE NOVEMBER 13, 2012 WATER BOARD MEETING. PHONE VOTE-NOVEMBER 15, 2012. (ATT. 1) 2. GUEST: DWAYNE TINSLEY -SOUTHGATE SANITATION DISTRICT IBA INCREASE. (A TT. 2) 3. GUEST : JONATHAN BRIDGES -MEADOW GOLD ADMINISTRATIVE COMPLIANCE ORDER. (ATT. 3) 4. GUEST: YASSER ABOUAISH -WATER CONSERVATION PLAN. (ATT . 4) 5. STORMWATER-MS4 COMPLIANCE ASSISTANCE . (ATT. 5) 6. WATER METER PURCHASE . (A TT. 6) 7 . METER YOKE PURCHASE. (ATT. 7) 8. BIKE TRAIL AT UNION AVE. 9. OTHER. .· WATER & SEWER BOARD MINUTES TUESDAY, NOVEMBER 13, 2012 COMMUNITY DEVELOPMENT CONFERENCE ROOM Present: Oakley, Wiggins , Habenicht, Lay, Waggoner, Moore, Woodward Absent: Penn, Bums Also present: Yasser Abouaish -City Engineer, Stu Fonda -Director of Utilities The meeting was called to order at 5:03 p.m. 1. MINUTES OF THE OCTOBER 9, 2012 WATER & SEWER BOARD MEETING AND PHONE VOTE OF OCTOBER 11 , 2012. The Minutes of the October 9 , 2012 meeting were approved as written, per the phone vote on October 11 , 2012 . Motion: To approve the October 9, 2012 Water Board Minutes as written. Moved: Habenicht Seconded: Waggoner Motion passed unanimously. 2. GUEST: STEVE NGUYEN AND MICHELLE HATCHER WITH CLEAR WATER SOUTIONS, INC. Steve Nguyen and Michelle Hatcher, consultants with Clear Water Solutions, appeared to discuss water conservation goals, measurements and programs. Water conservation options were discussed. The Board will review and discuss at the January or February, 2013 meeting. The 60 day public notice is scheduled to be published in February, 2013. 3. SOUTHGATE SUPPLEMENT #168 FOR 5440 S. COLORADO BLVD. The Board reviewed the request from Southgate Sanitation District representing the owner, Martin Lawrence, for inclusion of Supplement #168. Motion: To recommend Council approval of Southgate Supplement #168. Moved: Waggoner Seconded: Habenicht Motion passed unanimously. 4. CHANGE TO STORMWATER ORDINANCE 1-B-3(a). The proposed change to Englewood Municipal Code Section l-B-3(a) will clarify that stormwater discharge from firefighting efforts can only result from "emergency firefighting." This change will bring Englewood's ordinance in compliance with the Colorado Department of Health's MS4 Permit. Motion: Moved: To recommend Council approval of the proposed change to the Englewood Municipal Code's Stormwater Ordinance 1-B-3(a) which limits discharges for firefighting activities to "emergency firefighting." Woodward Seconded: Wiggins Motion passed unanimously. 5. LETTER FROM JACK DERBY DATED OCT. 27, 2012 RE: ADVANCED SEWER PAYMENTS. The Board received a Demand for Settlement or Arbitration letter dated October 27, 2012 from Mr. Derby, an outside district sewer customer, who had sent a letter expressing opposition to the existing sewer billing practice at the October 9, 2012 Water Board meeting. Mr. Derby's delinquent sewer account was filed as a tax lien with Arapahoe County. I ... 2 6. INFORMATIONAL ARTICLE: SEPTEMBER 14, 2012 DENVER POST, "WELLS CHURN WATER DEBATE." The Board received the above mentioned informational article. 7. OTHER. There will not be a December, 2012 Water Board meeting. The meeting adjourned at 5:45 p .m. The next Water and Sewer Board meeting will be Tuesday, January 8, 2013 at 5:00 p.m. Respectfully submitted, Cathy Burrage Recording Secretary 1-3 WATER& SEWER BOARD PHONE VOTE -THURSDAY, NOVEMBER 15, 2012 Phone Vote Roll Call. Contacted: Clyde Wiggins , Chuck Habenicht, Kells Waggoner, Jim Woodward, Linda Olson , Joe Lay, Wayne Oakley Not Contacted: Randy Penn, Tom Burns 1. MINUTES OF THE NOVEMBER 13, 2012 MEETING. Motion: Approve minutes of the November 13 , 2012 Water and Sewer Board meeting. Moved: Olson Seconded: Wiggins Abstain: Burns , Penn Motion passed unanimously. The next Water and Sewer Board meeting will be Tuesday, January 8. 2013 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary Southgate Wate r & Sanitation Dis tric t s 3722 East Orchard Road Cente nn ial, Co lorn do 80121 Te lep hone (303) 779-0261 FAX (303) 779-0220 Mr. Stu Fonda City of Englewood 1000 Englewood Parkway Englewood , CO 80110 Re: Big Dry Creek Interceptor Agreement Dear Stu: December 27, 2012 In 2006 we implemented a restructuring of the financing for the Big Dry Creek Interceptor. On the basis of a twenty five year projection of rehabilitation needs the annual BIA Line Charge was scheduled to have periodic increases. The last increase was implemented in 2011 . It is time to implement the increase effective for 2013 . Please adjust the BIA Line Charge to $0.220599 per 1,000 gallons of winter water consumption. For your convenience I have attached a copy of the 12/28/06 BIA financing spread sheet. istrict Manager ~12QI B!!bl!~llll!!1IS!!l aa!i! B11i;ilac11m11al 12130/05 as Revised 1212&'06 ea ltructure kllWllll !QiM !IDb:l Service charge/1 k winter water = $0.005434 enerales per year = $15,000 ustomer Impact Residential -Low = $0.45 Residential -High = $1.66 Commercial -Low = $0.45 Commercial -High = ~.181 zaI1!J§. ~ '"'tPi·m-nM.' 't f "J'H '/j fmlmll PrDDmlal· $0.159123 $0.108406 $0.159123 $0.189861 $15,000 $15,000 $15,000 $15,000 Rehab= $424,243 $284,243 $424,243 $509:092 ustomer Impact: r&r = 67% of 7/27/05 r&r = 7127105 r&r = 120% of 7127/05 Residential -Low = $13.18 $8.83 $13.18 $16 Residential -Hlgh = $48.61 $32.57 $48.61 $58 Commercial -Low = $13.18 $8.83 $13.18 $16 CornmArrial -Hinh -$1118.02 $754.AA Sl 118.02 s1342 201~ 33 !1,855,836 SGSDLoan: I $1,800,000 $0 $0 $0 $0 $0 $284,243 I $284,243 I $424,243 I $424,243 $509,092 $509,092 ill w.m ~ ~ lli.2§Z ~ 2 15 9 1 1 3 558359 574 046 Rflbi1blll!!12li11<!1 ~ Taroet Veal"• ~ V-11"to VR-16 Subtotal $957,000 2016 I V-Sto V-11 Subtotal $997,200 2011 $1,225,813 ,oss f "l>e?. Ut'f 5:'705 $589.600 2011 L $724,769 $'7'36;800---2006-$162,588 1)A,t" 'Ct '~ '1' $1,605,600 2021 $599,000 2016 $1 ,115;600 2025 Subtotal $3,228,750 2030 ~ VR-16toVR-1 &Vault Subtotal $4,176 2030 V-3Rto.V-5 Subtotal $1 ,371 2030 Tunnel to Z-59 Subtotal n..m 2030 Rehabiliation Subtotal $10,606,080 $1,559,331 $1,950,582 SGSD Repay:-~ ill ~ ~ 111.Q.lli 111.Q.lli ~ •bl I en e 13 249 830 1 559331 110 56 110156 110156 110156 2060 738 ·24 .912 $717.371 _ll05!L566 __ i1Al!Z.§33_ SU55 836 $369,144 • Interest Earnings • 3.5% on Beginning funds ava l able •• Inflation facto<• 3 .5%/yr from 2005 base "''Initial loan of $1,800,000 plus 3 .75% interest (straight line), 24 payments beginning 2007 l .>.[: /~ $0 .220599 ':J $15,000 $593,940 r&r = 140% of 7127/05 $18 $68 $18 s1 565 ~1~ ~214 !369,144 !WAS . - ~ ~ 110156 110156 S865,848 S1 ,379,936 $0.251334 . $0.282074 $0.312812 $15,000 $15 ,000 $15,000 $678,789 $763,637 $848,486 r&r = 160"/o of 7127105 r&r = 180% of 7127/05 r&r = 200% of 7/27/05 $21 $24 $26 $78 $87 $97 $21 $24 $26 s1 7s.q s2012 !1:2236 ~Ji -~016 ~1 7 2018 2019 ~ 2021 ~ ~3 -~ 2025 2026 11.~22~ !1,!!!§ 867 E635,391 11 202,i2j !1,897 857 §27~,61~ 131 53~1 533 ~397,607 ~.~u.2 1 ~ !3,429,240 !4287,594 !511751989 $0 $0 $0 $0 $0 $0 $0 $Q $0 $0 $0 • $0 $0 $0 $0 $678,789 $678,789 $763,637 $848,486 $848,486 $848,486 $848,486 $848,486 $84s,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 ~ am ~ ~ ~ 1m.IB nail mm ~ lliQ.Q§§ lli.1.1§2 ~ lli§.m ~ ~ 7 7 7 67 717 14911 943on 9722 1002402 509 $998 552 1029646 $984.134 $1.014.724 $1.046.384 $1.079.152 $1,304,293 $2,689,940 $874,522 $2,219,808 $7,630,327 $9,869 $3,240 796 $2, 178,815· $2,689,940 $2,219,808 $7,646,232 ~ ~ W2J.52 111.Q.lli ~ ~ ~ W2J.52 ~ ~ ~ ~ 111.Q.lli 111.Q.lli W2J.52 ~ 1101 88971 110156 110 156 110 156 . 1101 2 096 110156 110156 1101 6 2 329964 110 156 11015 110156 110156 775, $1,99§ 867 _S2 635 391 s1 .202 296 $1 ,897,85L___$2.Zll2.fil2 _ S.a.535.533 _ $4.397.607 $2.599,913 $3,429,240 $4,287,594 $5.175 989 s;!,875 671 $4.749.649 $5.654.217 $§.590.444 P.559440 __$916.112 (I) (A~ <~ ·~·---i----_.ai;a;;.;;a.~~~":t:-~ ~ U'OWSIOJ V> ... eo_f""'a I . ~·-~ Q~ ~ ~~~-~ ..... .. 1---t I, VI z t::l '11 1~ 3 /IJ & I> (/) -< ~"' ']>· {. 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January 18 , 2013 Mr. Mike Zimmerman Meadow Gold Dairies 1325 West Oxford Avenue Englewood, Colorado 80110 RE: ADMINISTRATIVE COMPLIANCE ORDER [PERMIT #88-04]: MISMANAGEMENT OF WASTEWATER MISMANAGEMENT OF PROCESS WASTE Dear Mr. Mike Zimmerman: Sent Via Certified: Enclosed is an Administrative Compliance Order that assesses penalties against Meadow Gold Dairies for mismanagement of wastewater and mismanagement of process waste. The Littleton/Englewood Wastewater Treatment Plant Industrial Pretreatment Division implements a Federal Clean Water Act program that is approved and enforced by the Environmental Protection Agency. The approved program includes a requisite Enforcement Response Plan that directs enforcement in response to user violations. Carefully review the Administrative Compliance Order; payment in the amount of $12,000 is required. An invoice is enclosed. If you have any questions about the contents of this letter, the Administrative Compliance Order, or any other aspect of these proceedings, please do not hesitate to contact me at 303-762-2604 or e-mail to jbridges@englewoodgov.org. Sincerely, Jonathan Bridges Industrial Pretreatment Administrator JB:ag Enclosures : Administrative Compliance Order Billing Invoice cc : Mr. Dennis Stowe, Littleton/Englewood Wastewater Treatment Plant Manager Enforcement Action -Meadow Gold Dairies The Industrial Pretreatment Division (Division) has prepared an administrative compliance order against Meadow Gold Dairies (Meadow Gold) located at 1325 West Oxford Avenue, Englewood, for one instance of mismanagement of wastewater and three instances of mismanagement of process waste . The enforcement includes a $12 ,000 penalty. The violations include: ~ Aut:,rust 31 , 2011-mismanagement of wastewater generated from cleaning of the facility's chemical storage building: chemical spill on the ground ~ August 31, 2011 -mismanagement of waste product: discharge of process wastewater to the storm drainage system ~ October 15, 2012 -mismanagement of waste product: discharge of process wastewater to the stonn drainage system ~ October 16, 2012 -mismanagement of waste product: discharge of process wastewater to the storm drainage system The penalty amount is prescribed by the Division's enforcement response plan (ERP) based on a major history of noncompliance and harm to one of four systems , the environment. Prior Notifications to Meadow Gold A previous administrative compliance order, along with a $9 ,000 penalty, was issued to Meadow Gold on March 15, 2010 , for multiple violations which included: ~ Failure to disclos e outside sanitary sewer Drain #5 ~ Numerous process wastewater discharges into storm sewer Drain #3 o October 24 , 2007 o October 23 , 2008 o November 10 , 2009 o November 12, 2009 o January 5 , 2010 ~ Discharge of spilled waste milk into stom1 trench drain February 3 , 2010 ~ Two process drain lines discharging into storm sewer Drain #3 September 19 , 2011 -Notice of violation (NOV) letter issued for discharge of process wastewater to the storm drainage system , observed during the annual facility inspection conducted on August 31, 2011. No monetary penalty was assessed with the NOV letter. Meadow Gold was advised that they "shall not discharge or cause to be discharged to the storm drainage system any material that is not entirely composed of storm water." October 10 , 2011 -Follow-up letter to August 31, 2011 , annual facility inspection. Meadow Gold was advised in Section 3.2.2 of the letter that the facility's Control Plan must address how the facility will manage spills within the Chemical Storage Building as well as wastes generated from cleaning of the building. Meadow Gold was also advised in Section 3.2.4 of the letter that 3 -2 "the Permittee shall not discharge or cause to be discharged to the Storm Drainage System any material that is not entirely composed of storm water; the discharge of process and domestic wastewaters to the storn1 sewer is prohibited. Any liquid product processed at Meadow Gold shall be considered process wastewater; therefore its discharge to the storm sewer is a violation of the conditions of the facility's Industrial Wastewater Penn it." 3 -'3 ADMINISTRATIVE COMPLIANCE ORDER AGAINST: Meadow Gold Dairies 1325 West Oxford Avenue Englewood, Colorado 80110 BY CONTROL AUTHORITY: Littleton/Englewood Wastewater Treatment Plant Industrial Pretreatment Division 2900 South Platte River Drive Englewood, Colorado 80110 Attention: Mr. Mike Zimmerman CONTENTS: I. Legal Citations II. Description of Violations III. Compliance History IV. Calculation of Penalties V. Compliance Schedule and Requirements VI. Enforcement, Penalties and Appeals J -L/ Date: January 18, 2013 I. Legal Citations Part II(D) of Meadow Gold's Industrial Wastewater Permit states, "the Permittee shall not discharge or cause to be discharged to the Storm Drainage System any material that is not entirely composed of storm water; the discharge of process and domestic wastewaters to the storm sewer is prohibited." Title 12, Chapter 2, Section 5(A)(2)(a) of the City of Englewood Municipal Code states, "It shall be unlawful for any User to discharge any domestic or non-domestic wastewater into any natural waterway, any surface drainage, or in any area under the jurisdiction of the City." Title 12, Chapter 2, Section 5(1)(3)(b) of the City ofEnglew9:cjiJ)AUnicipal Code states, "When the City finds that a User has violated, or continues to violate, ~yproyision of this Chapter, an industrial wastewater permit, or order issued hereunder, or any other ~retreatin~nt Standard or Requirement, the City may issue an order to the User responsible for the ·dtscharge di?e~t4ig that the User come into compliance within a specific time. If the User does nO,(come into compli,iin,~e within the time provided, sewer service may be discontinued unless adequa~~ :iteatment facilities, deV;~c~s, or other related appurtenances are installed and properly operated. C~Il}pliance or~ers also iiiiy-9pntain other requirements to address the non-compliance, includirtg .aqdition,aj' .S.elf-monitoririg ~d management ~. -·~ ~·. ·' .. I -..,:. ·• ..... practices designed to minimize the amount of pollutants dischai:ged to the sewer. A ~9ompliance order may not extend the deadline for compliance established for ~a ':Pretreatment Standard or Requirement, nor does a compliance order relieve the User ofliability for any vfo>la#on, including any continuing violation. Issuance of a compliance order shall not be a bar agamst; .or a prerequisite for, talcing any other action against the User." Title 12, Chapter 2, Section 5(1)(3)(e)(l) of the City of Englewood Municipal Code states, "When the City finds that a User has violated, or continues to violate, any provision of this Chapter, an industrial wastewater permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City may fin~ .. :~ti~JitJs~Lifi an amount not to exceed five thousand dollars ($5,000.00) per day, per violation. Sli¢h,. fines §hair.be .assessed on a per violation, per day basis. In the case of monthly or other long-term 'qy~rage dischargel:iinits, fines shall be assessed for each day during the period of violation." ·.~· :)~ . . . . •. II. Descrfotion of Violations This administrative order is in respense to the following violations which were witnessed by Division inspectors on the corresponding d~tes: . . 1) Mismanagement of wastewater generated from cleaning of the facility's Chemical Storage Building: Chemical spill" on the ground (August 31, 2011) 2) Mismanagement of waste product: Discharge of process wastewater to the storm drainage system (August 31, 2011) 3) Mismanagement of waste product: Discharge of process wastewater to the storm drainage system (October 15, 2012) 4) Mismanagement of waste product: Discharge of process wastewater to the storm drainage system (October 16, 2012) Each violation is discussed in detail below. Administrative Compliance Order Meadow Gold Dairies Page 1 of9 ''.) -c:.- 1) Mismanagement of wastewater generated from cleaning of the facility's Chemical Storage Building: Chemical spill on the ground (August 31, 2011) Bulk · chemicals are delivered via stainless steel lines from delivery tankers to the bulk chemical storage tanks located in the Chemical Storage Building, seen in photo #1. The Chemical Storage Building is used to store five double walled bulk chemical tanks (ranging in size from 1000 to 1400 gallons) as well as approximately fifteen 55-gallon plastic drums of chemicals. This building is constructed of epoxy coated steel with fiberglass grating and plastic lined floor containments . The Chemical Storage Building consists of two rooms to p~()y}~e separation of acid and caustic solutions. ,_:·· ·.···. On August 31, 2011, Mike Reeves stated that the insi4~;Siih#,':fi:cid chemical storage area had been hosed down with water due to odor problems . ij~ st.atbd that ·~om~ of the liquid had leaked out of the Chemical Storage Building onto the concret~J!i!S ·seen in photo~~h, •.. ;. '.:'; :· ~:;i,'1':'.';" • .. =;··./ Photo #1 -Chemical St&r~ge Bg'.i.l:UlIJ,g ·: ~·-.. -~ .. --:. .~; _,.,. '' . w ;f:, '<IJ"' . ' J ~ .... :~·-' .... ·:~ 'l ' ' . } . ;i,~· d / .··!.·'·,,,.:;·r:·'.·· · · ' ' Photo #2 -Pig Mat and Residue outside of Chemical Storage Building ::·' . ': .:;; ;:;~ ;· . . :. ; <;~,~'. .~.'.:,;;:=,'.'.' -.. ·,'·::.·.·.,,' .... '.f ~::f,~~,:~:.J,·~.:.~~~.tf·~! :=::.·_;._: :.;:. ~.: : .. ! ~ ,::: ·: .::;-i:+:~i:'(.;.":". :: . :' i.: Mismfu:l~geiuen~ ~'f'the;*7~ste~a~~FJ.Erod~~~d .'fr9ipc1eaning the Chemical Storage Building resulted in chetinc~l residue on the'..·~ounc1 A(JAW facility railed to clean the residue resulting in the potential for cheniic~Lto be discharged.'to the ~toiiµ drainage system during the next precipitation event. 2) Mismanagefu~~t of waste ~rpduct: Discharge of process wastewater to the storm drainage system (Augu~f~l.1 2011) "<Y There is a storm draih <lob'at~d south of Meadow Gold's main facility, north of the raw milk receiving station. On August 31, 2011 Division inspectors observed condensation from outside piping draining to the storm drain. Division inspectors observed multiple bottle caps and a milky substance in the area leading to the storm drain, as seen in photo #3. Mike Reeves stated that a small amount of product may be left in containers sent to the area for recycling and that product may be spilled on the ground. There was residue on the ground in the drainage area as well as around the storm drain, as seen in photo #4. Administrative Compliance Order Meadow Gold Dairies Page 2 of9 -:J ,_ i J"J Photo #3 -Storm drain drainage area >'Photo #4 -Storm drain ;:·:!i·: 3) Mismanagement of waste product: Dis~h~~g~ of process w~~~~\y~ter to the storm drainage system (October 15, 2012) '' ·:· ;:'' <~'.I{}t:;;, . .. .. :. ·; '':~:~~(':.,, Scrap plastic and cardboard are compacted, bundled; anq .Ji~tlled by Alpin~'~t~qycling . The facility has 3 compactors located on the '.'.~o~~4 . side of the.'.f~§j:iity near the same'Butside storm drain discussed above, as seen in photo #5 ~ Ac.cqrding to a t~ie,f:>4one conversation with Mike Reeves on October 19 , 2012, the area where these~:<;:ohipa~tors are loe'~te~ has been designated as a "dry area" by the facility. These compactors are om&:.suppSsed .:to be usgd/f.qr blow mold scrap and cardboard boxes. ··":1'<'. .... -.",':;. · ·~,·:·:1 . ·: ...... ':··; .. ,_.;:. ~ :· ·,; ~; ~-:-~~~~~:·~·~>::; '•:,· .. Photo #5 -Compactors in relationship to facility storm drain (pictUre taken facing east) Photo #6 shows a wooden pallet and recycling on top of the storm drain. On October 15 , 2012, Division inspectors observed an employee dragging a bag of milk cartons along the ground to the location of the 2 blue compactors , leaving a trail of milk product outside beginning at the facility 's doorway, as seen in photo #7. Division inspectors observed milk product located in and around the Administrative Compliance Order Meadow Gold Dairies Page 3 of9 "?-7 gutter which runs west to east from the facility's doorway to the storm drain, as seen in photos #8, 9, and 10. Division inspectors observed a trail of milk product from the compactor located east of the facility's storm drain which appeared to be draining west toward the facility's storm drain, as seen in photo #11. Photo #10 -Milk product in gutter leading to facility storm drain east of blue compactors ··''" ·., ·. ·i:; '· i: . ; . . .. . '. . ... ·'Photo #9 -Milk prodtictin gutter leading to facility storm drain nea:r blue compadors Photo #11 -Milk product on the ground west of compactor, east of storm drain After facility employees removed the wooden pallet and recycling located above the storm drain, Division inspectors noted white residue and garbage around the facility's storm drain, as seen in Administrative Compliance Order Meadow Gold Dairies Page 4 of9 .. 7 _ Q photo #12. As seen in photo #12, the fine screen that had been installed over the storm drain by the facility to screen trash had been peeled back and there was garbage underneath the screen and above the storm drain cover at the time of the inspection. After the cover was removed by facility personnel, the Division noted that there was liquid inside the area, as seen in photo #13. Division inspectors noted a strong, foul odor coming from the vicinity of the storm drain. According to Roy Pope, Production Manager, pallets are placed above the storm drain to keep the bags of recycling placed on top of the storm drain from blocking the drain. Mr. Pope stated that when there is a mess in the area, the facility generally places a "sock" in front of the storm drain and pumps the wastewater generated from cleaning the area to the trench drain located in the milk receiving station. Division inspectors witnessed facility employees using a shop v:;i_qµum to vacuum the milk waste. -1 '~f.f~:~i:;~}r .. ~; ··~ .. Photo #13 -Storm drain without cover .... ~ .. : :: :, .. '. : -~· . 4) Mi~W.~11,a~~lli~rit-9f:vya~W .·~:r~.duct~''nis~h,,rge ,_<)f process wastewater to the storm drainage syst~m(October i6;.71R\12) .,<qn>.. ., f , . On October16, 2012, Divi~lOii ins;~2°t#t~ observed wastewater from the facility's spray sanitizer leading from the ·facility doorW~y, as seeii"in photo #14, to the gutter leading to the storm drain, as seen in photo #iS ,1J)ivision insp;~¢tors observed milk leaking from bags of milk containers into the trench leading to the -sform drajffe;;as seen in photo #16. Division inspectors observed milk product on the ground near the conipa.ct()J."'.ldcated east of the storm drain, as seen in photo # 1 7. Administrative Compliance Order Meadow Gold Dairies Page 5 of9 ~-:( -q Photo #14 -Wastewater from facility do<>nv~Y Photo #16''2Milk in gutt~r . . ·. ,··.;. ~~ ;, -:;_:,'..:. Photo #17 -Milk on ground near compactors Administrative Compliance Order Meadow Gold Dairies Page 6 of9 <-10 III. Compliance History Meadow Gold has a history of discharging process wastewater to the storm drainage system. Division inspector Harold Sheel observed Meadow Gold employees washing a barrel outside and allowing the wastewater to be discharged to a storm drain on September 27, 2007 . Meadow Gold was notified that this was in violation of the City of Englewood Storm Water Utility Ordinance 12-5-9 by the Division in writing in a letter dated October 24, 2007. Division inspectors Karen Olson and Pam Arnold witnessed Meadow Gold employees washing milk byproduct out of the facility door and into a storm drain on October 8, 2008. Meadow Gold was issued a Notice of Violation (NOV) dated October 23, 2008 for this violation of the Storm Water Utility Ordinance and violation of the facility's Industrial Wastewater Permit. Division inspectors Karen Olson and Stephanie Gieck observed Meadow Gold employees washing pallets over the storm drain on November 4, 2009. The facility was notified by the Division in a letter dated November 4, 2009 that this activity was a violation of the Storm Water Utility Ordinance and a violation of the facility's Industrial Wastewater Permit and that, due to continuing violations , the matter had been referred to the Industrial Pretreatment Administrator for further enforcement action. Division inspectors Stephanie Gieck and Jon Bridges observed milky residue originating from the location of the facility's milk silos and green-colored water originating from an evaporative cooler leading to the storm drain at Meadow Gold on November 12, 2009. Division inspectors Stephanie Gieck and Natalie Plegge observed a Meadow Gold employee washing equipment near the storm drain on January 5, 2010. The facility was issued an Administrative Compliance Order dated March 25, 2010 for process waste discharges to the storm ~ewer system and failure to disclose a sanitary sewer drain. Violations addressed by the 20 ~O ,Adnilitlstrative Compliance Order included the routing of two process drain lines to the storm sewer and additionat 9cischarges to the storm sewer drain which occurred on October 24, 2007; October 23; 2008; November 10, 2009; November 12, 2009; and January 5, 2010. The 2010 Administrative Compliance Order notified Meadow Gold that the facility is expected to keep storm drainage areas free of trash and materials that result from industrial activities and to maintain good housekeeping in these areas so that.storm drains are protected from unwanted discharges. Meadow Gold was also notified that it is prohibited from routing piping carrying any process wastewater, even if it is tap water, to a storm dram. Meadow Gold was fined $9,000 for the violations addressed by the 2010 Administrative Compliance Order. IV. Calculation of Penalties In accordance with 40 CFR 403.8(£)(5), the Division has developed and implements an Enforcement Response Plan (ERP) containing detailed procedures indicating how the LIE WWTP will investigate and respond to instances of industrial user noncompliance. The Division's ERP has been reviewed by the Environmental Protection Agency. Administrative Compliance Order Meadow Gold Dairies Page 7 of9 ~-II In accordance with the Division's ERP, maximum penalties allowed by the Division 's legal authority are required to be calculated and must include economic benefit derived by the user from the violation. The Division has not identified any specific economic benefit gained by Meadow Gold as a result of the violations addressed in this administrative compliance order. The maximum allowable penalty is shown in Table 1.· Table 1. Maximum Allowable Penal Violation Number of ViOlations 1vlismanagementof wastewater 1vlismanagement of waste roduct •. J)it~U\~iiiimU.:iil .:i.i, ·; * $5 ,000 per day per violation 1 3 Maximum Penal .* $5,000 $15,000 Econom'ic Benefit $0 $0 When calculating an enforcement penalty, the Division considers the user's compliance history and the harm or potential harm to the LIE WWTP and the environment. Meadow Gold has a major history of noncompliance, as outlined above. , Meadow Gold's mismanagement of wastewater and product waste resulted in the actual or potential discharge of pollutants to the storm drainage system. The storm drainage system discharges to the South Platte River. Due to the nature of the pollutants involved, these discharges have a high potential of causing harm to the environment. The ERP' s Penalty Frame-Work Based on History and Harm indicates that the appropriate penalty for an industrial user with a major history of noncompliance where the violation has caused harm to the environment is $100,000 or up to $3 ,000 per violation per day, whichever is less . Table 2. Enforcement Action Penalty Description Mismanagement of wastewater Mismanagement ofwaste product ···.··:' · .. ··· V. Compliance Schedule,,and .Requirements Amount $3 ,000 $3 ,000 Number of Violations : ':• ' :, ·-·:.,~.. •:· ··: / . ,: ... . .. •' .Subtotal 1 $3 ,000 3 $9 ,000 Effective immediately, Meadow Gold shall not discharge or cause to be discharged to the storm drainage system any material that is not entirely composed of storm water; the discharge of process and domestic wastewaters to the storm sewer is prohibited. Meadow Gold shall submit a written response to the Division by February 19, 2013 describing what specific measures the facility will take to prevent this same type of violation from occurring in the future. Administrative Compliance Order Meado w Gold Dair ies Page 8 of9 ·7 -/'7 VI. Enforcement, Penalties and Appeals Title 12, Chapter 2, Section 5(1)(3)(e)(3) of the City of Englewood Municipal Code states, "Users desiring to appeal such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within fifteen (15) days of being notified of the fine. Such notice or appeal shall · set forth the nature of the order or determination being appealed, the date of such order or determination, the reason for the appeal, and request a hearing pursuant to procedures outlined in 12-2- 5(1)(3 )( d)." Administrative Compliance Order Meadow Gold Dairies Page 9 of9 '";? -I '':? WATER CONSERVATION PLAN UPDATE The Utilities Department staff and Clear Water Solutions (CWS) have completed approximately 75% of the City of Englewood 's Water Conservation Plan in accordance with the Guidance Document produced by the Colorado Water Conservation Board (CWCB). The Guidance Document outlines nine steps in the water conservation planning process . To date, CWS and the City have completed the majority of five of the nine steps per the scope of work . Initial goals were set after characterizing the City 's water distribution system, customer categories and past and future water use in each of those categories. The City established an initial water savings goal of 10% over a ten-year planning period . The water savings will be from the City 's final list of customer categories : Residential , Multi- Family, Commercial, Industrial , and Municipal. Water conservation measures were then selected by the City staff through two screening processes -one with staff and one with the Water and Sewer Board. The screening included the following criteria and narrowed the universal list down to 19 measures and programs . 1. Staff and other resources 2. Financial implications 3. Political ramifications A final list of water saving measures and programs were developed to be evaluated further , shown below in Table 1. Table 1 -Final List of Measures/Programs Rank Conservation Measures and Programs :1 :Billing Software Upgrades e Water .Waste .Ordinance .3 · L:~ak Detectio 11.& ;R~pair 4 Water Rate Study 5 Evaluation of Policies to Encourage Water Savings 6 Water Restrictions 7 Turf & Landscape Standards for New Development 8 Irrigation System Standards for New Development 9 Soil Amendment Standard for New Landscapes 10 Website Upgrades /Public Education 11 Requiring Wind/Rain Sensors for Commercial 12 Outdoor Residential Water Audit Kits 13 Schoo l Education Program 14 Advanced Metering Infrastructure (AMI) 15 Distribute ET Scheduling in Water Bill 16 Irrigation System Efficiency Device Rebates 17 Metering of Non-Potable Irrigation 18 Xeriscape Classes Uointly with others) 19 Indoor Residential Water Audit Kits ~ · S_!laded _,c_ells represent ~existing _measures. Estimated savings from this final list were taken through a cost-benefit analysis , which is approximately 90% completed . Once this analysis is completed, the water savings will be compared to the in itial water savings goal, and staff will determine if those goals should be adjusted . CWS had a meeting with City staff on January 14, 2013 to discuss some assumptions related to the cost-benefit analysis so that effort can be finalized . MS4 Compliance Assistance Scope of Services This project w ill be completed through working with Englewood Public Works & Utilities Depts . within the two tasks described below. Each task reflects CP Compliance LLC's understanding and approach to ensure that the desired product is delivered throughout the project. Task 1: Program Documentation Minimum Control Measure (MCM) 1: Public Education and Outreach • Provide , prepare , or update public education and outreach brochures, outreach materials , and other relevant MS4 stormwater materials for compliance with the City 's Stormwater Program for MCM 1 as defined in their Program Description Document submitted to Colorado Department of Health and Environment (CDPHE) Stormwater Division. • Provide information for the City's stormwater webpage. • Assist staff to develop stormwater pollution prevention signage at City park/recreational facilities MCM 2 , Public Involvement/Participation • Review Programs (such as the Storm Stenciling Program), documentation of events , and other relevant materials to determine if the City is in compliance with their existing program elements defined in their Program Description Document submitted to CDPHE , and to determine if the existing Program Elements meet the minimum requirements outlined in the MS4 Permit and any published guidance issued by CDPHE. • Provide suggestions on potential existing stormwater groups to partner with for public participation activities. MCM 3, Illicit Discharge Detection and Elimination (IDDE) • Develop a plan to detect and address non-stormwater discharges, including illegal dumping . • Provide review and comments on existing and/or updated illicit discharge/connection investigation and abatement process. • Provide template standard procedures for the above-related compl iance, enforcement, and tracking. • Provide a review of the City 's updated procedures to ensure they meet the minimum requirements outlined in the MS4 Permit and any published guidance issued by CDPHE. MCM 4 . Construction Site Stormwater Runoff Control • Provide template standard procedures for: o Process of site plan reviews to account for proper management of stormwater runoff, o Procedures for site plan review which incorporate considerations for water quality impacts , and o SOPs for site inspections, tracking and compliance enforcement of control measures. • Provide a review of the City's updated procedures to ensure they meet the minimum requirements outl ined in the MS4 Permit and any published guidance issued by CDPHE . MCM 5. Post Construction Stormwater Management in New Development and Redevelopmen t • Review existing regulatory mechanism and provide comments and suggestions to ensure it meets the m i nimum requirements outlined in the MS4 Permit. • Provide template standard procedures for mechanisms to ensure adequate long-term operation and maintenance of BMPs. • Provide a review of the City's updated procedures to ensure they meet the minimum requirements outlined in the MS4 Permit and any published guidance issued by CDPHE. MGM 6, Pollution Prevention/Good Housekeeping for Municipal Operations • Review current Stormwater Program and associated documents to become familiar w ith the City's Stormwater Program for MCM 6, to determine if the City is in compliance with their existing program elements defined in their Program Description Document submitted to CDPHE , and to determine if the existing Program Elements meet the minimum requirements outlined in the MS4 Perm it and any published guidance issued by CDPHE. Task 2: Additional Support Permit Negotiation and Permit Renewal Comments The Division is currently scheduled to start the permit renewal process in January 2013 with an expected MS4 Permit finalized and issued in February 2014 . As part of the permit renewal process, the Division will have stakeholder meetings to discuss new permit elements. This is an opportunity for the C ity to negotiate new permit terms and discuss projected changes . The Division will then send the MS4 Permit out for public comment. At that time, the City will have the opportunity to provide official comments on the permit. It is anticipated that the Division will include many new changes to the permit. Under this task , CP Compliance would meet with City staff to discuss potential new permit requirements. CP Compl iance would also assist the City by coordinating comments and discussing appropriate responses to new permit requirements. 20 hours has been budgeted for this task. 5 -'2. Training and Additional Onsite Assistance : Occasionally, compliance concerns arise and additional t raining or attention is needed for a particular program area. Under this task, those areas will be addressed , includ ing ongoing tra ining for construction inspectors and city staff relating to stormwater compliance . Hours may be used for spot check audits for compliance with stormwater standard operation procedures and construction site erosion control plans, or other needs as they arise such as representing the City at Colorado Stormwater Council Meetings and other relevant stormwater meetings the City feels appropriate. 60 hours has been budgeted for this task . Work Hours and Fee Estimate I propose to conduct these services on a "time and materials " basis . Under such an agreement , I am compensated on an hourly basis for all labor and other direct costs are reimbursed at a rate of 1.1 times actual cost. The following is our standard hourly billing rates for the personne l expected to be involved in this project: Stormwater Specialist $80.00/HR. At these standard hourly rates , CP Compliance LLC has estimated that the City of Eng lewood 's MS4 Compliance Aud it Project could be completed for a not to exceed budget of $9,500. The attached Work Hour and Fee Estimate explain the breakdown of hours and costs anticipated for each task . This budgeted amount would be established as a "not to exceed " limit beyond which no charges could be made without approval from the City. Additional services requested beyond the scope of this proposal would be at your direction and billed at the above rate. This project will provide you wi th support and guidance in meeting your goals for complying with the MS4 Stormwater Permit requirements. CP Compliance. LLC A Colorado-based business formed by Carrie Powers. Carrie has worked directly for local governmental agencies developing and implementing MS4 stormwater programs in addition to consulting for MS4s in the Denver Metro Area. As an active member of the Colorado Stormwater Council Permit Compliance Committee , she helps develop program audit guidance, serves as conduit for communication with CDPHE on defining/determining compliance, and determines the impact of other regulatory activities such as Minimum Industrial Discharge (MINDI) and other discharge permits on MS4 program compliance. She also serves as President on the Board of the Mountain States Chapter of the International Erosion Control Association (IECA). 5 -3 MEMORANDUM TO: John Bock, Administration Manager FROM: Randy Pierce, Utilities System Support Specialist DATE: January 09 , 2013 SUBJECT: 2013 -Request for purchase of new water meters. NOTE: The City of Englewood has converted the metering system to ITRON AMR. All registers IERT will be the ITRON AMR SYSTEM. We are able to attach to the Denver Water Departments Bid Prices, Contract Number 12770A and 12772A, for their January 5, 2010 bid the effective contract period February 1, 2010 through January 31, 2013. Also, National Meter and Automation has sent us a formal letter stating the price will remain the same to the end of 2013 also attached. ~- NAT I NAL METER AND AUTOMATION, INC. 7220 S Fraser St, Centennial, CO 80112 Tel: (303) 339-9100 Fax : (303) 649-1017 February 6, 2013 City of Englewood Attn : Randy Pierce Utilities Department 1000 Englewood Parkway Englewood, CO 80110 Dear Mr. Pierce, This letter will serve to confirm that National Meter & Automation, Inc. is the sole authorized distributor of Badger Meter, Inc. utility products for the State of Colorado. The products covered under this authorized distributor agreement with Badger Meter, Inc. include water meters in all sizes and types, Itron 60W, and lOOW ERTs. In addition, National Meter and Automation, Inc . will extend to the City of Englewood the same terms and conditions as offered to Denver Water. Please contact me directly at jterry@nmaai .com if additional information is required. Thank You, Jimmy L. Terry, Jr. Sales Support Manager National Meter and Automation, Inc. 6' N 1 2 3 4 5 6 7 8 9 10 11 12 Badger Meter Body Badger Meter Body Badger Meter Body Badger Meter Body Badger Meter Body Itron Encoder Register Itron Encoder Register Itron Encoder Register Itron Encoder Register Itron Encoder Register Itron Encoder Register Itron Encoder Register Meter Request 2013 Model Size Unit Price Request M25 5/8" $46.35 40 M35 3/4" $68.19 224 M70 1" $88.35 4 M120 1.5" $375.00 1 M170 2" $523.90 1 M25 5/8" $80.00 150 M35 3/4" $80.00 . 350 M70 1" $80.00 12 M120 1.5" $96.00 48 M160 1.5" T $126.00 5 M170 2" $96.00 48 M200 2"T $126.00 5 Total $1,854.00 $15,274.56 $353.40 $375.00 $523.90 $12,000.00 $28,000.00 $960.00 $4,608.00 $630.00 $4,608.00 $630.00 Bjltron End Points I ERT I 1oow I =1 $111.101 6181 I $69,030.6ol Total $138,847 .46 METER AND AUTOMATION, INC_ 7220 S Fraser St, Centennial, CO 80112 Tel: (303) 339-9100 Fax: (303) 649-1017 Mr. Randy Pierce City of Englewood Water Department Englewood, Colorado 80110 Dear Randy, January 7, 2013 As per your request National Meter & Automation, Inc. is pleased to offer an extension of all pricing for Badger Water Meters, Registers, and Itron 60W ERT Modules. As you know, this is the same pricing that Denver Water has had. This pricing was originally established in January of 2010. This means that the City of Englewood will have enjoyed the same competitive pricing with no increases for four years. This pricing will remain firm thru 12/31/2013. Additionally, should the City of Englewood wish to use Itron lOOW ERT Modules the additional cost per module would be: $18.50 each. I look forward to working with the City of Englewood for the upcoming year for your water meter and Itron needs. Thank you, Noel Frakes President/CEO ~-3 -VENDOR NAME: INVITATION FOR BIDS DENVER WATER'S BIDDERS' PROPOSAL N0.12772A JANUARY 5, 2010 FOR BADGER REGISTERS AND ERT'S FOR THE CONTRACT PERIOD FEBRUARY 1, 2010 THROUGH JANUARY 31, 2013 RETURN COMPLETE BID PACKAGE IN A SEALED ENVELOPE BIDS WILL BE OPENED AT DENVER WATER, PURCHASING SECTION, BUILDING 12, 10:00.M., JANUARY 11, 2009. PAGE 1 OF22 INDEX INSTRUCTIONS TO BIDDERS . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . • . . . . • • . . . . . . 3 GENERAL CONDITIONS . . . . • . . . . . . . . . . • • . . . . . . . . . . . . . . . . . . . . . • • . . . . . . . • . . • . . • 5 SPECIAL CONDITIONS • . . . • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . • . . . . . . . . . . . . . 9 ENGINEERING SPECIFICATIONS............................................... 11 BILL OF MATERIAL . . • . . . . • . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . • . . • . • . . • . . . . • . . . . • 15 PROPOSAL ................................. I • I •••••••••••••••••••••••••••• I 17 ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PURCHASING'S CONTRACT REPRESENTATIVE: Questions about contract terms or conditions CONTRACT REPRESENTATIVE: CONTRACT REPRESENTATIVE: All technical questions PURCHASING CONTACT: - Roman Hernandez 303-628-6515 Roman.herandez@denverwater.org Dan Weidenhamer 303-628-6773 Dan.weidenhamer@denverwater.org Bob Blauvelt 303-628-6822 Bob.blauvelt@denverwater.org Tony Hassman 303-628-6784 Tony.hassman@denverwater.org 2 CITY AND COUNTY OF DENVER, -COLORADO BOARD OF WATER COMMISSIONERS (referred to in this document as "Board" or "Denver Water") INSTRUCTIONS TO BIDDERS 1. A Bidder's Proposal in response to an Invitation for Bids shall be submitted in accordance with these Instructions to Bidders and with the General Conditions, Special Conditions, Specifications, Bill of Material, Proposal, and Acceptance. These documents, plus any other documents required by the Special Conditions and any addenda added by Denver Water, constitute the Contract Documents. No one part of the Contract Documents constitutes the contract. 2. The complete "Invitation for Bids' packet should be returned to Denver Water. The Bill of Material shall be written in ink or typewritten and shall be made a part of the Bidders' Proposal. The person signing the Proposal shall initial all corrections to the Bill of Material. 3. The Bidders' Proposal shall be completely filled out in ink or typewritten and signed by an authorized official. Officials of corporations shall state their official title. Persons bidding as partners or sole proprietors shall so state. Contractor warrants that persons signing the Proposal are empowered to legally bind Contractor to a contract. 4. It is the Bidders' responsibility to sign and return any addendums (if applicable) by the requested deadline. 5. Malled Bidders' Proposal must be addressed to: DENVER WATER PURCHASING SECTION. 1600 WEST 12TH AVENUE. BUILDING NO. 12. DENVER. COLORADO 80204-3412. Bidders' Proposals must be received by the Manager of Purchasing on or before the designated bid opening time. The bidder will be held responsible for any delay due to mail service. 6. Bidders' Proposals may be delivered to the office of the Manager of Purchasing, Denver Water, 1600 West 12th Avenue, Building No. 12, Denver, Colorado. Bidders' Proposals may be rejected if not received by the Manager of Purchasing on or before the bid opening time . 7. Bidders' Proposals may be withdrawn by bidders prior to the bid opening time, but only upon written request. Bidders' Proposals may not be withdrawn after they have been opened. All Bidders' Proposals will be deemed firm and open to acceptance or rejection for a period of forty-five (45) days after the bid opening. 8. Any conflicting Special Conditions will supersede Instructions to Bidders and General Conditions. 9. All bid prices must be firm for the period stated in the Special Conditions. Any price adjustment clause that may be included with a Bidder's Proposal may result in rejection of the Bidder's Proposal. · 3 INSTRUCTIONS TO BIDDERS (continued) 10. Bidders are urged to establish realistic delivery dates. 11. Bidders' Proposals may be required to provide descriptive data (catalogs, drawings, etc.) necessary or desirable for proper evaluation of the Bidder's Proposal. Bidders' Proposals that do not comply with this requirement may be rejected. 12 . If requested, Bidders shall furnish references demonstrating capability to provide the required materials and/or to perform the required services. Bidder may be required to provide financial statements (Balance Sheet, Income Statement, Cash Flow Statement) which may be reviewed prior to Notice of Award. Denver Water may inspect the Bidder's facilities and equipment and will determine, in its sole discretion, whether the Bidder will be awarded the contract and may award this contract based on its assessment of Bidders' facilities, distribution and supplier relationships. 13. When a Bidder intends to furnish an article it considers equal to one named on the Bill of Material, the Bidder must specify the trade name and grade of the substitute article and must submit any engineering data and technical literature required by Denver Water to evaluate the product. Denver Water reserves the right to determine whether any substitute article is equal to the one named on the Bill of Material. 14 . The Board reserves the right to reject any or all offers, either in whole or in part, or to waive technical defects if deemed in the best interest of the Board. In the event of a tie bid, award will be made in the Board 's best interest. The Board may also reject any bid conditioned upon the Board's acceptance of the terms and conditions other than those established in the General Conditions, Special Conditions, and Specifications. 15. No contract will be made with any entity who is in arrears to the City and County of Denver or its Board of Water Commissioners upon debt or contract, or who is a defaulter as surety or otherwise, upon any obligation to the City and County of Denver. 16. For directions to Denver Water go to www.denverwater.org, click on Contact Us, Directions. 17. Questions or comments concerning these Instructions to Bidders should be directed to the office of the Manager of Purchasing, 1600 West 12th Avenue, Building No. 12, Denver, Colorado 80204-3412 Telephone: 303-628-6361. 4 l ·-f GENERAL CONDITIONS MATERIALS 1. PERFORMANCE: The Contractor shall furnish the materials covered by this contract subject to the terms and conditions contained in the documents comprising this contract, including these General Conditions. No other terms or conditions shall be binding upon the parties unless agreed to in writing. The Contractor's written acceptance of this contract shall constitute unqualified acceptance of all its terms and conditions. These General Conditions, Special Conditions and Specifications, shall supersede any inconsistent provisions in the Contractor's Proposal. 2. CHANGES IN SCOPE: Upon issuance of a written order, the Board may change the amount or nature of material to be furnished under this contract. If the amount of material is increased or decreased, the Contractor will' be paid for the actual amount of material furnished. 3. WARRANTY: The Contractor warrants the materials covered by this contract to be of the kind and quality set forth in the Specifications. The Contractor warrants that the materials shall, at the time of acceptance by the Board, and for a period of one year thereafter, be free of all defects in workmanship, material or installation. For a period of one year from the date the Board accepts any material, the Contractor shall be responsible for the satisfactory repair or replacement of any material or equipment which becomes defective as a direct or indirect result of the Contractor's workmanship or negligence. · 4. COMPLIANCE WITH SPECIFICATIONS: The Board's Specifications establish the minimum acceptable requirements for materials. The Board shall determine at its ·sole discretion whether any proposed materials comply with the Specifications. Any provisions in the Specifications requiring specific ratings, capacities, weights, dimensions or other designations for any equipment refer to the original manufacturer's specifications. The Board shall not be obligated to accept as meeting the Specifications any equipment assigned ratings, capacities, weights, dimensions or designations by any subsequent manufacturer, assembler or dealer. The Board requires any products that come in direct contact with treated water to have N.S.F. Certification or equivalent. Property that upon delivery does not meet the Specifications, or that has been damaged in transit, may be rejected by the Board and returned to the Contractor at the Contractor's risk and expense. 5. FAILURE TO COMPLY WITH SPECIFICATIONS: If any materials provided by the Contractor do not meet specifications or performance requirements, the Board reserves the right to delay payment until the problem is corrected or to terminate this contract. 5 GENERAL CONDITIONS {continued) 6. INSPECTION AND TESTING: The Board or its authorized representative shall be permitted to inspect all material during its fabrication and prior to its preparation for shipment; to expedite delivery; to inspect the packing when the material is ready for shipment; or to witness any test, the results of which require approval by the Board's Engineer. The Board may, at its discretion, inspect and test any delivery to ensure compliance with the Specifications. The Board will pay the costs of tests it conducts and will make test results available to the Contractor upon request. The Board's findings shall be binding and conclusive. The Board's acceptance of material, or waiver of any inspection or test, shall in no way relieve the Contractor of the responsibility to furnish material meeting the requirements of the Specifications. The Board also may, at its discretion, allow its agents and contractors and industry organizations to observe Contractor's performance of this Contract for safety purposes. 7. FAILURE TO PASS INSPECTION OR TESTING: The Board will not accept material that is damaged, does not meet the Specifications or is unsuitable for use in the Board's potable water system. Should any material fail to meet test criteria, in additional to the Board's exercise of its rights in Paragraph 10 below, the Contractor will be required to take the following actions at its sole cost: A. The Contractor must remove all material to which the unacceptable material has been added . B. The Contractor must replace the material removed with like material meeting the Specifications. 8. PAYMENT: Payment will be made in conformity with the terms and conditions of this contract. The Board will not make advance or progress payments for materials unless provided for In the contract. The Contractor must submit documentation supporting the charges in the invoice, which must be consistent with this contract, and must include the contract number of this contract on each invoice. Payments shall be based upon Contractor's verified progress in delivering the materials. Unless the Contractor has not properly performed, the Board will pay invoices within thirty days of receipt. The Board may delay payment until it can verify the accuracy of the invoice, obtain releases or waivers with respect to work covered in the invoice, or resolve a dispute with the Contractor regarding an invoice. Payment shall be made by check payable to the trade or business of Contractor. The Board shall have the right to refuse to pay all or a portion of an invoice that is inconsistent with this Contract. 6 GENERAL CONDITIONS (continued) 9. SALES, EXCISE AND USE TAXES: A. STATE: The State of Colorado will not impose sales and use taxes upon construction and building materials purchased by the Contractors and subcontractors for use in the building, erection, alteration or repair of structures, highways, roads, streets and other public works owned and used by the City and County of Denver. In order to qualify for this exemption, an application for a certificate of exemption must be filed with the Colorado Department of Revenue by each Contractor and subcontractor engaged in the construction project. The Board will not reimburse the Contractor for any such taxes paid as a result of a failure to file a request for exemption. The Contractor's shall not include any such taxes in the computation of prices submitted in the Bill of Material. B. LOCAL: The Contractor and all subcontractors are required to pay the sales and use taxes imposed by a political subdivision of the State of Colorado on purchases of any tangible personal property to be built into the work produced under this contract. The Board will not adjust payments for any refund of such taxes that the Board might receive. C. FEDERAL: As a political subdivision of the State of Colorado, the Board is exempt from the payment of most federal excise taxes. The Contractor will be reimbursed for payment of any federal excise tax for which the Board is unable to provide an exemption certificate. 10. DELIVERY DATES: All items purch~sed shall be delivered F.O.B. Destination, freight prepaid, as required by the Specifications. The Contractor shall make delivery as set forth in the Contract Documents. When a date is set for delivery of materials, delivery must occur on or before that date. If timely delivery does not occur, or it appears timely delivery will not occur, the Board will have the right to terminate this contract for default, the right to purchase equivalent property at market prices for immediate delivery without termination of this contract and without liability to the Contractor; and a right against the Contractor for any increase in the price over the prices established in this contract and for any other damages, including consequential damages that arise from the delay and demurrage associated with other deliveries to the Board . 11 . TITLE TRANSFER: The Contractor warrants that title to all materials and equipment covered by an application for payment will pass to the Board no later than the time of payment, free and clear of all liens. 12 . RISK OF LOSS: The Contractor shall assume the risk of loss or damage to materials sold to the Board until the material has been delivered to and accepted by the Board. 13. PATENTS: The Contractor will provide a defense and hold harmless the Board against any costs, damages or demand for payment arising out of the Contractor's use of any patented material, process, device or article In performing under this contract. 7 (p -ID GENERAL CONDITIONS (continued) 14. LIABILITY: The Contractor will provide a defense to the Board and pay any costs and damages for any liability or claim of whatever nature arising in any way out of this contract, caused by any negligent or wrongful act or omission of the Contractor or the Contractor's officers, agents or employees. · 15. RECORDS AND AUDITS: The Contractor shall at all times maintain a system of accounting records in accordance with its normal procedures, together with supporting documentation for all purchases and billings under this contract. The Contractor shall make available for audit and reproduction by the Board all records, in whatever form, related to this contract. The Contractor shall provide such availability during the term of this contract and for two years after final payment. The Contractor shall refund to the Board any charges determined by the Board's audit to be inconsistent with this contract. 16. TERMINATION : The Contractor shall not have the right of termination. The Board at any time may terminate this contract in whole or in part upon . written notice stating the type of termination and the effective date. The Board may terminate for convenience or for default, as described in this paragraph. As used in this paragraph, the word "Contractor'' includes the Contractor and his sub-contractors at any tier. A. Termination for convenience. If the Board terminates for convenience, it shall pay to the Contractor, as full compensation : (1) the unit or prorated contract price for the performed and accepted portion of the work; and (2) a reasonable amount, as determined by the Board, not otherwise recoverable from other sources, with respect to the unperformed or unaccepted portion of the work. Compensation for termination for convenience shall not exceed the dollar amount of the Contractor's sales to the Board under this contract for the month prior to the termination. B. Termination for Default. The Board may terminate this contract for default if the Board at its sole discretion determines that the Contractor has failed to comply with the Contract Documents; fails to make progress, so as to endanger performance; acts or fails to act so that It reasonably appears Contractor's future performance is uncertain; or fails to perform the work within the time specified or any written extension; and does not cure such failure within a reasonable period of time after written notice. In the event of termination for default, the Board may purchase replacement services and the Contractor shall reimburse the Board for any excess costs incurred by the Board. The Board shall pay to the Contractor, as full compensation, the unit or prorated contract price for the performed and accepted portion of the work. Termination for default will result in the removal of the Contractor's name from the approved bid list for two years or a different period of time, at the Board's discretion. If, after notice of termination for default, the Board determines that the Contractor was not in default or that the Contractor's failure to perform was due to causes beyond the control and without the fault or negligence of the Contractor, the termination shall be deemed for the convenience of the Board per (A) above. B GENERAL CONDITIONS (continued) 17. CHARTER OF THE CITY AND COUNTY OF DENVER: This contract is made under and conformable to the provisions of the Charter of the City and County of Denver that control the operation of the Denver Municipal Water System, consisting of Article X of the Charter. Insofar as applicable, the Charter provisions are incorporated by this reference and shall supersede any apparently conflicting provisions otherwise contained in this contract. 18. VENUE AND GOVERNING LAW: This contract shall be deemed performable in the City and County of Denver, notwithstanding that the parties may find it necessary to take some action outside the City and County. This contract shall be governed by and construed under the laws of the State of Colorado. Any disputes arising hereunder shall comply with the hearing and appeal procedures set forth at Chapter 17 of the Board's Operating Rules, available at www.denverwater.org. If a question arises concerning whether an issue or claim is within the scope of this dispute resolution provisions, such question shall be decided by the hearing officer assigned to the administrative hearing. All disputes of any nature whatsoever, including without limitation claims for additional compensation or extensions of time, and disputes involving claimed breach of or default under the Contract, shall be resolved by this process. The determination of the hearing officer shall be considered a final order and action of the Board and may be reviewed under Rule 106(a)(4) of the Colorado Rules of Civil Procedure in the Denver District Court only 19. COLORADO GOVERNMENTAL IMMUNITY ACT: The parties understand and agree that the Board Is relying upon, and has not waived, the monetary limitations and all other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, CRS 24- 10-101, et seq., as it may be amended from time to time. 20. DELAY BY THE BOARD. If a delay is caused by the Board, without contribution by the Contractor, the time and price of the contract shall be subject to change under the provisions of paragraph 16. In the event of delay caused by the Board, the sole remedy of the Contractor shall be limited to any expenditure actually and necessarily caused solely by the delay. The Contractor is not entitled to recover anticipated profits. 21. IMMIGRATION LAWS: The signature of Contractor ("Contractor" herein) on this agreement: (1) certifies that the Contractor is not a natural person unlawfully present in the United States; and (2) also certifies the statements below if this is a contract for services as "services" are defined in Colo. Rev. Stat.§ 8-17.5-102. A. The Contractor shall not: (i) knowingly employ or contract with an illegal alien to perform work under this Contract; or (ii) enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an Illegal alien to perform work under this Contract. 9 GENERAL CONDITIONS (continued) 21 . IMMIGRATION LAWS: (continued) B. The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment In the United States through participation in the basic pilot program (as defined in Colo. Rev. Stat. § 8-17.5-102), and, if the Contractor is not accepted into the basic pilot program prior to entering Into this Contract, the Contractor shall apply to participate in the basic pilot program every three months until the Contractor is accepted or this Contract has been completed, whichever is earlier. This provision shall not be effective if the basic pilot program is discontinued . C. If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall: (i) notify the subcontractor and the Board within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an Illegal alien: and (ii) terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-subparagraph (i) of this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such · three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. D. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuan t to state law. E. The Contractor acknowledges that in the event the Contractor violates any of the provisions of the foregoing subparagraphs A -D, the Board may terminate this Contract for breach of contract. If this Contract is so terminated, the Contractor shall be liable for actual and consequential damages to the Board . 22. REMEDIES: The rights and remedies of the Board provided under this contract shall not be exclusive and shall be in addition to any other rights and remedies provided by law. 23. NONDISCRIMINATION : The Contractor expressly agrees not to discriminate against any employee, applicant for employment, or potential subcontractor or supplier because of race, color, religion, age, national origin, gender, sexual orientation, military status, marital status, or disability. The Contractor shall comply with all applicable state and federal laws with regard to equal employment opportunity. 24. ACCESS AND SECURITY: The Board shall provide reasonable means of access to all Board locations covered under this contract. The Contractor shall comply with all the Board's access and building security policies. 10 l, -13 GENERAL CONDITIONS (continued) 25. SMALL BUSINESS ENTERPRISES: The Board recognizes the desirability, need and importance to the City and County of Denver of encouraging the development of Small Business Enterprises (SBEs). Although the Board is not currently setting goals for SBE participation, the Contractor agrees to make a good faith effort to involve SBEs in the work if and when the opportunity arises. 26. ENTIRE AGREEMENT: Th is Agreement constitutes the entire agreement between the Board and Contractor, replaces all prior written or oral agreements and understandings, and may not be altered or amended by bills of lading or the like. 27. FORCE MAJ EURE: The parties shall not be responsible for any failure or delay in the performance of any obligations under this Agreement caused by natural disasters, flood, fire, war or public enemy. (Economic conditions and labor strikes shall not be considered force majeure events.) If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must provide that the party took reasonable steps to minimize delay or damages caused by the Force Majeure, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of a Force Majeure. In the event a force majeure is declared and in effect for more than ten (10) days, the Board may terminate this Agreement without any further obligation or liability. 11 l . 14 1. GENERAL: SPECIAL CONDITIONS FOR BADGER REGISTERS AND ERTS Bidders' Proposal No. 12772A Denver Water is soliciting bids to furnish registers and Itron encoder receiver transmitters (ERT) as listed on the Bill of Material. Detail Specifications are included in the proposal. 2. ESTIMATED QUANTITIES: The quantities shown are intended to assist the Contractor in determining approximate quantities required for this contract. These figures should not be used as a final determinate in establishing exact quantities. No guarantee of quantities is intended, either expressed or implied. Nominal quantities are sometimes requested in order to establish unit prices that are firm for the contract period for items that may not be required during the contract period. 3. CONTRACT PERIOD: The contract will commence February 1, 2010 and terminate January 31, 2013. Prices will remain firm for the entire contract period. Denver Water and the Contractor may mutually agree to renew and continue the contract for additional periods and/or amounts, at the same terms and conditions. 4. AWARD: Award will be made to the Contractor complying with the technical specifications and providing acceptable delivery. Contractor agrees to furnish items at the prices listed on the Bill of Material during the contract period. The bidder selected for an award will be the bidder whose bid, as presented in the response to this bid, is the most advantageous to Denver Water. Denver Water is not bound to accept the lowest priced bid if that bid is not in the best interest of Denver Water as determined by Denver Water. Denver Water reserves the right to accept or reject any and/or all offers, to waive any . and/or all formalities, to clarify any discrepancies in the bid, and to award a contract in the best interest of Denver Water. Award will be made in the form of a single contract. Bids may be evaluated using "best value" criteria referenced below: A. Purchase price B. Reputation of the Supplier and the Supplier's goods or services C. Supplier's past relationship with Denver Water and the City and County of Denver D. Delivery dates and information E. Business references, and financial statements F. Supplier's equipment and facilities G. Supplier's use of Small Business Enterprises (SBEs) H. Ability to use purchasing cards, EFT, EDI, bar-coding and other relevant business technology 12 c,, -IS 4. AWARD: (continued) I. Useful life expectancy SPECIAL CONDITIONS (continued) J. Environmental technology K. Any relevant factor that a private business would consider in selecting a supplier. 5. ENCODER-RECEIVER-TRANSMITTER (ERT) WIRING: The Contractor will be responsible for obtaining wires and in-line connectors in full compliance with Itron specifications and will be responsible for providing fully-functional, electrically- continuous assemblies. Wire shall be Belden #8541 or Belden #9770 as appropriate for the functionality of the meter register. Registers shall be furnished with wires potted to the register. All registers shall be furnished with Itron watertight in-line connectors with Industry standard wire lengths as specified on the purchase order. 6. ERT WARRANTY: Notwithstanding the warranty terms set forth in the "General Conditions", paragraph number 3, the Contractor warrants the batteries purchased hereunder shall, at the time of acceptance of said property by Denver Water, and for a period of ten (10) years after installation will be free of all defects in workmanship, material or installation. The Contractor further warrants in the event said defects are discovered within ten (10) years a~er installation, the Contractor, upon written notice, shall correct such defect(s) within a reasonable period of time or Denver Water, at its option, will have the right to return the property to the Contractor at Contractor's expense and receive a refund of the entire purchase price for the defective property. 7. ORDERING PROCEDURES: Orders will be placed to suit Denver Water's requirements throughout the contract period. Orders will be placed by means of Purchase Orders. All risk of loss of, or damage to, and handling and transportation costs, will be the Contractor's for all shipments made without express authorization. All orders will placed F.O.B. Destination, with all transportation charges prepaid. It is anticipated that, with the exception of emergency requirements, orders will be placed to enable the Contractor to ship product in industry-standard lots to Denver Water. For emergency requirements, orders may be placed for less-than-industry standard lots and the Contractor agrees to ship such orders to meet Denver Water's requirements. 13 {, -17 SPECIAL CONDITIONS. (continued) 8. INSPECTION: Denver Water shall be permitted to inspect all material during fabrication and prior to preparation for shipment and to expedite delivery. Acceptance of material, or waiving of any inspection or test or witness thereof, shall in no way relieve the Contractor of the responsibility of furnishing material meeting the contract Specifications. 9. SHIPPING INSTRUCTIONS: All products must be delivered in industry-standard boxes, shrink wrapped, palletized on two way, 48" deep x 40" wide pallets. Water meters shall be shipped with the lowest carton number on top. For each shipment of ERTs, an electronic file containing the ERT identification numbers, model number, part number, and other pertinent information shall be e-mailed or delivered on a CD- ROM to Derrick McKinnie in the Denver Water Meter Shop (email: derrick.mckinnie@denverwater.org). The file shall be in the format specified by Denver Water. Each ERT will include an installation kit. Pricing for each ERT should include the cost of the installation kit. · Unless otherwise specified on the Purchase Order, shipments shall be made to: Denver Water 1600West12th Avenue Denver, Colorado 80204-3412 Building No. 12 Attention: Mr. Dan Weidenhamer, Manager of Warehouse Operations All shipments shall have the Purchase Order Number indicated on the delivery and invoice documents. Denver Water reserves the right to reject any shipment it cannot identify. 10. SHIPPING ACKNOWLEDGMENT: A written or fax shipping acknowledgment on scheduled or revised shipping dates, method of shipment and any scheduling changes which will affect promised delivery dates must be made with the Purchasing Agent. Denver Water's Purchasing Fax Number is 303-628-6775. 11. DELIVERY: Delivery will be completed as indicated on the purchase order or as directed by the Purchasing Agent. Complete delivery for each order shall be made within 45 calendar days after receipt of the order. The Contractor shall notify the Purchasing Agent of any manufacturing plant closures which would affect normal delivery time. Failure to meet scheduled delivery date may be grounds for termination of this contract. 14 G:,-18 12. PAYMENT: SPECIAL CONDITIONS (continued) The Contractor shall submit itemized invoices to: Denver Water 1600West12th Avenue Denver, Colorado 80204-3412 Attention: Purchasing/Dan Weidenhamer Invoices shall include the purchase order number. 13. CONTRACT REPRESENTATIVE: Questions or comments concerning this contract shall be directed to Denver Water's Contract Representative, Mr. Dan Weidenhamer, Manager of Warehouse Operations, at 1600 West 12th Avenue, Denver Colorado 80204-3412 or by telephone at 303-628-6773 or Mr. Bob Blauvelt, Technical Representative, by telephone at 303-628-6822. 15 G, --J 9 SPECIFICATIONS . FOR BADGER REGISTERS AND ERTS Bidders' Proposal No. 12772A REGISTERS I REGISTER BOXES: Registers shall comply with American Water Works Association Standard C707 and shall be electronic digital encoder or mechanical encoder registers, with a permanent " potted " wire connection for Itron Encoder-Receiver-Transmitter (ERT) unit. Meters intended for pit installation shall be factory wired and potted to a wiring harness attached to a water tight quick connect terminal approved by Itron. Meters intended for indoor installation shall be factory wired and potted to a length of wire for later connection to an Itron remote ERT. Wire lengths and type of wire will be clearly indicated on Denver Water's purchase order. Only meter brands and models with registers certified or approved by Itron, Inc., as compatible with its ERTs shall be acceptable. If the encoder registers require programming to properly operate with the Itron remote and pit ERTs, each register shall be delivered pre-programmed to provide electronic readings for 6 dials or 3 boards as appropriate for the brand of meter. Register must be compatible with Itron ERTs using standard Itron ROCLs. Denver Water will not accept register which requires the ERT to use WYSISYG-ROCLs. Registers shall be straight reading, magnetic drive, U.S. gallons, dry, and permanently sealed and protected from the environment by a formed joint that can be unsealed only by destroying one or more of the components forming the joint. Registers shall comply with American Water Works Association Standard C701, Table 4. Number wheels or stationary zeros used for billing purposes (1,000 gallons and up) shall have black numbers against white background . All digits under 1,000 gallons (whether stationary or movable) shall be white numbers with black background. The register shall be equipped with a test hand and test index circle or test hand and graduated test number wheel. Register boxes shall be equipped with a register cap and shall completely cover the register lens. The register cap shall be capable of being moved to another register to preserve a match between the stamped meter numbers on the register and on the meter main case. The register box shall attach to the outer case of the meter by use of an interior or exterior locking device. 16 BILL OF MATERIAL FOR REGISTERS AND ERT'S Bidders' Proposal No. 12n2A Catalog Unit Item Item Qty. No. Description Price Price 1. 5,000 CA20127 Register, 5/8" x 3/4" Badger RTR with potted wire $ Z'° :1.r $ . "t • 383, '],co.- for Pit ERT 2. 7,500 CA20129 Register, 3/4" Badger RTR with potted wire $ ·11-i' 15 $ 51.5. <e ..i.s. ~· for Pit ERT 3. 500 CA20135 Register, 1" Badger RTR, with potted wire $1fz.75" $ 3~ 3 7.5. £..£ for Pit ERT 4. 100 CA20137 Register, 11/2" Badger RTR, with potted wire $ 8.1.15 $ 8, I ],,l. ~- for Pit ERT 5. 100 CA20139 Register, 2" Badger RTR, with potted wire $ 8.l.. 7,S $ K 1,.7S •.!:' for Pit ERT 6. 20,000 CA20720 ERT, Pit Series 60W module-Badger, $&'.1.b~ $ i '7 </,) VOC'. .£.:;.. installation kit to be included 7. 5,000 CA20721 ERT, Remote Series 60W module -Badger, $ 81. (,,::\_ $ 'lifi 100. ~· installation kit to be included 8. 110,000 CA20723 ERT, Pit Series 60W module -Neptune $ d/o. fzO $ q 9(,., ooo ::.£ installation kit to be included 9. 12,000 CA20724 ERT, Remote Series 60W module-Neptune, installation kit to be included $'TC>. bO $ cc . '· oa:z eioo. - 10. 300 CA20725 ERT, Pit Series 60W module -Sensus, $ 2Q, bQ $J.l 180 .p_g installation kit to be included 11. 45,000 CA20687 Wire, 5' with In-Line Connector for Pit ERT $/ 8. OQ CC' $ 810. ooo. - j TOTAL $ I .s I ':f.S '{ 8 o. ~ ' j 17 lo 21 BILL OF MATERIAL (continued) Any exceptions to Denver Water's Terms and Conditions, including submission of supplier's Terms and Conditions, may be grounds for rejection of the bid proposal. Scheduled Plant Closures:_..._8........, .. 1..,_p_.1.. .... e ..... -..-_..._(Y\--"-'Q..._....r ...... c_~_ ..... 1 _.J __ (_1.. ............ •"""'J._.l....,p....__.A...._i1...1 ...... N"'""""".u;....;1'""'t....,l--;'1.__ ....... r_4'-'f'-- L\/ e e ,, 63eft-.JQC,1.2 t . !·I fl.. ,,J T MA I 1../ I t.1 4 JL.J · Are you CERTIFIED by: Denver Office of Economic Development (City and County of Denver}, Women Business Enterprise National Council (WBENC), Rocky Mountain Minority Supplier Development Council (RMMSDC) or the Small Business Administration (8a) as a SMWBE? Yes D No 00 If yes, provide certificate with bid response. Will your company accept payment in the form of a credit card (CC) for this contract? YES ~ NO 0 If yes, what are the payment terms? I\) e. -c .3 0 'j)4 'IJ Is there a percent off unit price for early CC payment? YES 0 NO ~ If yes, percent off unit price _____ 0.:..:.Yo 18 (.,. ·-22 PROPOSAL FOR BADGER REGISTERS AND ERT'S Bidders' Proposal No. 12772A The undersigned bidder, NAT i "NA\... 1n ere~ t A\l r~ mA-T I Q iJ, .JN(. (Name of Firm) ("Contractor"), hereby offers to supply to the City and County of Denver, acting by and through its Board of Water Commissioners ("Board"), the materials set forth in the BILL OF MATERIAL and SPECIFICATIONS In accordance with the terms and conditions contained in the Contract Documents. 1. The Contract Documents, incorporated herein by reference, consist of the Invitation for Bids, Instructions to Bidders, General Conditions, Special Conditions, Specifications, Bill of Material, Proposal, TIN, Acceptance and any addenda issued by the Board. No one part of the Contract Documents shall constitute the Contract, but the whole taken together shall be the Contract between the parties. 2. The price offered to supply the materials set forth in the BILL OF MATERIAL and the SPECIFICATIONS is the amount set opposite each Item listed on the BILL OF MATERIAL, with a total price of #t.5 IY.f, If Bo. dJ: for all items bid. A cash discount of o % is available upon the following conditions: 3. The Board will pay for ali items purchased as set forth in the General Conditions. 4. The Contractor shall deliver all items purchased under the Contract in accordance with the General Conditions. 20 ~ -23 Proposal (continued) ,~ q IN WITNESS WHEREOF this proposal is made this _1o=---day of AN" .a IL"f 20 10 Name of Firm: 1\1 AT , o /\} A ... fY) I? -r c ,,. J A J T o r111 a r ; c "' .r "' < -~~~~~~-~~~--~~-~~-.;...'-Z.oef-;-'--_,__ ___ _ By signing below, the signer certifies that he or she is authorized to accept and bind the Contractor to the terms of this Proposal and the Contract. By 12~ 4-;{ , ~ (S?nature of Authorized Agent) Permanent mailing add ress of Authorized Agent: ') .1 .J. 0 _$ .. ~ s. I I.I {g 4J< r J f ACq Street address or P.O. Box City State Zip Code Bidder's status: Individual/sole proprietor (Print or Type Name of Authorized Agent) Telephone No. 3 o..3-33·1 -'2 / oa Fax No. 3 03 . /, Y ?-ID 1 7 E-mail NEB. 4 u. eJ@ Nm 4 li x. Co,..,,., Corporation of the state of Cc 1 • 1\ 4 o u Partnership or joint venture Other _____ _ Owner of Firm: A/ 0 { L Fil A/(. r .J -S .5" "Io { (L rJ "' ''-1/'\IJ ' l l • ,. 0 _..., -4 s· '/ 0 21 BOARD'S ACCEPTANCE FOR BADGER REGISTERS AND ERT'S Bidders' Proposal No. 12772A The CITY AND COUNTY OF DENVER, acting by and through Its BOARD OF WATER COMMISSIONERS, hereby accepts the offer of: N 4 r I 0 IV 61 L (Y) e r I . . ~ (.) v r L {VI II r I 0 I.I I r tJ ( ' (Name of irm) Check: D Individual/sole proprietor 124 Corporation D Partnership D Small Business Enterprise (Certified SBE) D Other ____ _ To provide those items listed in the BILL OF MATERIAL under the terms and conditions contained in Contractor's BIDDER'S PROPOSAL. The purchase price shall be the amount set opposite each item listed on the BILL OF MATERIAL THAT HAS BEEN MARKED WITH THE ACCEPTANCE STAMP of the BOARD OF WATER COMMISSIONERS, for a total purchase price for all items of: Dated at Denver, Colorado, this ___ day of ________ , 20 . CITY AND COUNTY OF DENVER Acting By and Through Its BOARD OF WATER COMMISSIONERS By ___________ _ Andy T. Spaulding Manager of Purchasing REGISTERED AND COUNTERSIGNED: AUDITOR, CITY AND COUNTY OF DENVER By: ___________ _ 22 G -ZS MEMORANDUM TO: John Bock, Administration Manager FROM : Randy Pierce, Utilities System Support Specialist DATE: January 24, 2013 SUBJECT: 2013 -Request for purchase of water meter yokes and fittings. We have gone out to bid to find the lowest price for this request please see attachments . The most important as p ect of this bid was Line 14 of the request for compliance with Lead free law of the Safe Drinking Water Act. There were three bidder s of those three only two complied with this request. I would like to go with the lowest bid that complies with the no lead. Ferguson Enterprises In c. {' CITY 0 F ENGLEWOOD PURCHASING DIVISION January 09, 2013 Request# RFQ-13-001 Water Meter Yokes and Fittings General Conditions and Minimum Specifications The City of Englewood will receive quotes for "Water Meter Yokes and Fittings" no later than 10:00 a.m. MST prevailing time, Thursday, January 24, 2013. Request for Quotes (RFQ) must be received by date and time indicated: 1. All quotes must be submitted online through the Rocky Mountain E Purchasing system at www.RockyMountainBidSystem.com. 2. The City of Englewood is exempt from Federal, State and local taxes. Federal Tax l.D. #84-6000583, State of Colorado Exemption #98-03470-000. 3. Price will be firm for a period of at least 90 days from date of RFQ. 4. Proposals will be quoted F.0.8. Englewood, Colorado 80110. 5. Any exception to the minimum specifications, general conditions, and proposal shall be stated as an "exception ." Any item offered or shipped as a result of this quote shall be new and the current model offered at the time of the RFQ. 6. If items called for by this RFQ have been identified by a brand name or "equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. RFQ's offering "equal" products will be considered if such products are clearly identified and are determined equal by the department evaluating said products referenced in the request. Bidders will be required to conform to the specifications. Deviations may deem the proposal unacceptable. 7. When providing a brand name or "equal" item the vendor is required to provide the brand name and part numbe r of the item proposed and any technical data, brochures or other information available for the item with their RFQ, so that the City can technically evaluate the RFQ . 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303 )762-2412 Fax (303)783-6951 www .englewoo dgov.or g 1 7-2 • . 8. If a Vendor finds discrepancies in or om1ss1on from the RFQ specifications/general conditions or shall be in doubt as to their meaning, he shall notify the Buyer for clarification. If the point in question is not fully set forth, a written amendment will be included on the RFQ. The City will not be bound or responsible for any explanations or interpretations other than those given in writing as set forth in this RFQ. No oral interpretations shall be binding on the City. 9. The City of Englewood is an environmentally conscious City. Vendors supplying products made from recycled materials and environmentally sound packaging will be given preference when all other evaluation criteria are deemed equal. 10. Any award made in response to this RFQ will be made to that responsible Vendor whose offer technically will be most advantageous to the City -price, delivery, estimated cost of transportation, and othe r factors considered. The option of selecting a partial or complete RFQ shall be at the discretion of the City of Englewood. 11. The City of Englewood shall have the right to reject any or all RFQ's, and to waive any informalities or irregularit ies t herein and request new proposals when required. 12. The vendor shall be required to have property, liability, and workers compensation insurance with minimum limits of $1,000,000.00 and to provide the City with copies of the certificate of insurance upon request. 13. The Vendor shall comply with all local, state, and federal laws. 14. Vendor must comply with the Safe Drinking Water Act (SOWA) regarding Public Law 111-380 with regards to Lead Free compliance effective January 4, 2014. Vendor must state they will comply with this act. 15. Vendor shall contact Alicia Stutz, Procurement Specialist, Purchasing Division, by e-mail at: astutz@englewoodgov.org on any questions relating to the RFQ and Minimum Specifications no later than 10:00 a.m. MST Friday, January 18, 2013. 16. By submission of this quote, the quoting firm certifies that the quote has been arrived independently and submitted without coord ination with any other bidding entity. Alicia Stutz Procurement Specialist 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951 www.englewoodgov.org 2 7-3 ' ' RFQ-13-001 Minimum Specifications Water Meter Yokes and Fittings The City of Englewood Utilities Department is requesting quotes based on the following: Inside copper Kornerhorn meter yokes for new installs: 200 -KH-3 %" Kornerhorn copper yokes 300 -PJA4-13 %"Copper compression fittings (for%" copper pipe) for the Kornerhorn yokes. 60 -P JAS-13 %" Copper compression fittings (for %" iron pipe) for Kornerhorn yokes 200 -KHBV-1 %" Kornerhorn ball valves 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (3 03)783-6951 www .englewoodgov.org 3 ;'Rocky Mountain E-Purchasing System Page 1 of 1 Spre adsheet View for RFQ-13-001 The spreadsheet below Includes the responses for this solicitation ranked by company name and total bid for all line Items, displayed left to right. Use the links below to manipulate this data in the various ways provided . Click Here to export to Excel. Re-sort line Items by lowest extended price from low to high Re-sort line items by lowest extended price from high to low Re-sort by company name and total bid for all line items To change back to regular view click here Item Description 1 KH-3 '/." Komerhom copper yokes Brand Requirement: All Brands are Acceptable UOM Qty EACH 200 Colorado Springs Wlnwater $15,001 .40 Unit Price Ext Price $32 .8900 $6,578.00 Quoting Brand Below: AY MCDonald 41-3 FERGUSON ENTERPRISES INC. $16,168.00 Unit Price Ext Price $37.7500 $7 ,550.00 Quoting Brand Below: AY McDonald 741-3 Vendor Comments No Lead Brass 2 PJA4-13 %"Copper compression fittings (fo r EACH 300 $9 .5100 $2,853.00 $8.3000 $2,490.00 3 %"copper pipe) for the Komerhom yokes Quoting Brand Below: AY MCDonald Brand Requirement: 4754-22 All Brands are Acceptable PJA5-13 %"Copper compression fittings (fo r EACH 60 %"iron pipe) for Komerhom yokes Brand Requirement: All Brands are Acceptable $10.8400 $650.40 Quoting Brand Below: AY MCDonald 4754-55 Quoting Brand Below: AY McDonald 747541-22 Vendor Comments No Lead Brass $8 .3000 $498.00 Quoting Brand Below: AY McDonald 747541-55 Vendor Comments No Lead Brass 4 KHBV-1 %" Kornerhom ball valves EACH 200 $24.6000 $4,920.00 $28.1500 $5,630.00 Brand Requirement: All Brands are Acceptable Pricing Guarantee: Payment Terms I Discount: Warranty Info: Dell very I Start Date: Minimum Order? Exceptions Taken? Comments/Exceptions: Copyriotlf ~ lnlcmAliona l 0111a Ba sa Co rp. 1903-20 13 -All 1l9hh• m ~w1vC:H1 Quoting Brand Below: AY MCDonald 61001S 90 Days Net30 2 years 1 WEEK ARO Quoting Brand Below: AY McDonald 761001S Vendor Comments No Lead Brass 90 days NET30 Warranty thru manufacturer 2-4 week lead time No minimum quantity or amount Is No minimum quantity or amount Is required. required. No No Cancel -Return to Main Menu 7-~- Dana Kepner Co. INC. $19,902.00 Unit Price Ext Price $46.4000 $9,280 .00 Quoting Brand Below: Ford Meter Box KH-3LNL Vendor Comments Bid No Lead $10.2000 $3,060 .00 Quoting Brand Below: Ford Meter Box PJA4-13NL Vendor Comments Bid No Lead $10.2000 $612 .00 Quoting Brand Below: Ford Meter Box PJA5-13NL Vendor Comments Bid No Lead $34 .7500 $6,950 .00 Quoting Brand Below: Ford Meter Box 5/8" KHBV-1NL Vendor Comments Bid No Lead 90 Days Net 30 days Manufactured Stated Warrenty Stock to 3 weeks ARO No minimum quantity or amount is required . No Pt.l'l'•'~':rmi By:· .iPT~!~,:~1.;'./~f~~~·" file://L:\Shared Data\Alicia Stutz\RF0-13-001 Meter Yokes Ouotes\Line item bv vendor.h ... 1/24/2013 'Ro'cky Mountain E-Purchasing System Page 1 of 2 Summary of Responses to RFQ-13-001 All companies that have responded to this solicitation are shown below. To see a specific vendors complete response (including exceptions and any supporting documents), ciick on their Vendor ID#. To Indicate the wlnner, or Intent to award for a li ne item , click on the radio button in the select column next to the appropriate company name. To Indicate one company for all line items, click on their company name In the top table. To change to spreadsheet view click here. Title: Status : Vendor ID 22766 10215 10418 Water Meter Yokes and Fittings Pending : Se lections have not been made for all line items. Company Name Select Colorado Sprtngs Winwater for all items Sele<:t FERGUSON ENTERPRISES INC. for all items Select Dana Kepner Co. INC . f or all items Response# (1of1) (1of1) (1of1) Total Bid FYI -If you do not want to award this RFQ to any vendors Click Here to publish a No Award notice. ltem#1: Select Comment: ltem#2: Select Comment: Item #3: KH-3 W Komerhorn coppe r yokes Brand Requirement: All Brands are Acceptable UOM: EACH Quantity: 200 Company Name Colorado Springs Wlnwa t er (1 of 1) Quoting Brand Below Manufacturer. AY MCDonald Model Number: 41-3 FERGUSON ENTERPRISES INC. (1 of 1) Quoting Brand Below Manufacturer. Model Number: Vendor Comments : Dana Kepner Co. INC. Quoting Brand Below Manufacturer: Model Number: Vendor Comments : (1 of 1) Do Not Award This Item AY McDonald 741-3 No Lead Brass Ford Meter Box KH-3LNL Bid No Lead PJA4-13 W Copper compression fittings (for Y.' copper pipe) for the Komerhom yokes Brand Requirement: All Brands are Acceptable UOM: EACH Quantity: 300 Company Name FERGUSON ENTERPRISES INC. (1 of 1) Quoting Brand Below Manufacturer. Model Number: AY McDonald 747541-22 Vendor Comments : No Lead Brass Colorado Springs Wlnwater (1 of 1) Quoting Brand Below Manufacturer. AY MCDonald Model Number: 4754-22 Dana Kepner Co. INC. (1 of 1) Quoting Brand Below Manufacturer: Model Number: Vendor Comments: Do Not Award This Item Ford Meter Box PJA4-13NL Bid No Lead PJA5-13 W Copper compression fittings (for Y.' iron pipe) for Komerhom yokes Brand Requirement: All Brands are Acceptable 7-~ $15001.4000 $16166.0000 $19902.0000 Line Items Unit Cost $32.8900 $37.7500 $46 .4000 Unit Cost $6 .3 000 $9 .5100 $10.2000 Total Total Cost $6,576.00 $7,550.00 $9 ,280.00 Total Cost $2,490.00 $2 ,853.00 $3 ,060 .0 0 file ://L:\Shared Data\A licia Stutz\RF0-13-001 Meter Yokes Ouotes\3 auotes header view .... 1/24/2013 ~Rocky Mountain E-Purchasing System Comment: Item #4: Select Comment: Model Number: PJA5-13NL Vendor Comments : Bid No Lead Colorado Springs Winwater (1 of 1) Quoting Brand Below Manufacturer: Mode l Number: Do Not Award This Item AY MCDonald 4754-55 KHBV-1 Y." Komerhom ball valves Brand Requirement: All Brands are Acceptable UOM: EACH Quantity: 200 Company Name Colorado Springs Wlnwater (1 of 1) Quoting Brand Below Manufacturer: AY MCDonald Model Number: 61001$ FERGUSON ENTERPRISES INC. (1 of 1) Quoting Brand Below Manufacturer: AY McDonald Model Number: 761001 S Vendor Comments : No Lead Brass Dana Kepner Co. INC. (1 of 1) Quoting Brand Below Manufacturer: Model Number: Vendor Comments : Do Not Award This Item Ford Meter Box 5/8" KHBV-1 NL Bid No Lead $10 .8400 Unit Cost $24 .6000 $28 .1500 $34 .7500 Update Se lections I l __ P_ub_l_ish_ln_fo_to_Ve_n_d_o_rs __ I f. ___ c_a_nc_e_I _-R_e_t_ur_n_to_M_ai_n_M_e_n_u __ Copyr~1t11 ~ lolom111ional Da ta Bas" Corp. 1903-2013 ~All 119lltt~ resu1vt~ 7 -7 Page 2 of2 $650.40 Total Cost $4,920.00 $5,630 .00 $6,950 .00 Pr>Wi'JrtHl By-. 'iPTim~'i::;~.~\~·~~!'1 file://L:\Shared Data\Alicia Stutz\RF0-13-001 Meter Yokes Ouotes\3 auotes header view .... 1/24/2013 ! -~l Behabllltat!on and Replacement . · ;J/05 as Revised 12/28106 ·~ ~_,,_ st .. ·-···· ~ '"-·"t $etll1ce charge/1 k wir"sr water = $0.005434 ~enerates per year "' $15,000 ~ustomer Impact: Residential -Low = $0.45 Residential -Hig h = $1 .66 Commercial -Low = $0.45 Commercial • Hinh = ~=.1e Service charge/1 k winter water= Generates per year: O&M= Rehab= Pustomer Impact: Resldentlal • Low = Residential -Hig h = Commercial • Low = Commercial • Mi ah = il?i scRI Prnlll~ IRehahl : ~lnn!na Funds ·~; I SGSD Loan: . Sa"'lc" Chg -Rehab: :11tort.'st Earnings * l-S•.1btotal Revenue ~'f,,J<~'.lll;. ~ ~ Et"abf~jeolace 1 EMU V-11 ·to VR -16 Subtotal $957,000 t V-5 to V-11 S ubtotal $997,200 l \\1-o to V·3R / . Iii ..... -&w 'lalM fl:s!l!2Yl $0.159123 $15,000 $424,243 $13.18 $48.61 $13.18 $1118.02 Tarnet Year- 2016 2011 • I WP-2toV-O / ~ _,subtota i000--2 ·· I W-20 toWR-18 ~ S ubtotal $589,600 2011 ~~ j. ~ ubtot $'(-3&,800-2006 emdlY_g Z·12 toW·20 S u btotal $1,605,600 Z-1 4to Z·12 Subtotal $599,000 7-?S toZ-14 Subtotal $1,115;600 ~ WR· 18 to WR-2 Subtotal $3,228,750 ~ VR-16 to VR-1 & Vault Subtotal $4,176 V-3P toV-5 S ubtotal $1,371 Tu nnel to z .59 Subtotal fil.m Rehabiliation Subtotal $10,606,080 f;GSD Repay: .. • ~ S ubtotal Exo ense $13 249 D~n YRehab Balance IEnrfl: • h1terest Earnings"" 3.5% on Beginnhg funds ava~e •• Inflation fa ctor • 3.6%/yr from 2005 base 2021 2016 2025 2030 2030 2030 2030 .!<YD'.lll1 I""' i:i·m -n -hJ i tf p.,,.,.,,.,_ •. $0.108406 $0.159123 $15,000 $16,000 $284,243 $424,243 r&r = 67% of 7127105 r&r = 7127105 $8.83 $13.18 $32.57 $48.61 $8.83 $13.18 $754.66 $1118.02 2007 2IWIK 2rin<I 2010 so $524 !112 !1:717 371 !1:1 056 566 $1,800,000 $0 $0 $0 $284,243 I $284,243 I $424,243 I $424,243 5l2 lli.m ~ ~ S2 084243 ~""" 615 ......,9 351 ~1223 • ~1,038 r~ .Uff 5:'1'05 :7'62;588 1 ~ (!t'() "!' $1,559,331 ~ li1Q.lli ~ ~ $1 559331 s110156 $110156 $110156 $524912 $717371 $1056566 $1 407633 0 0 0 Initial loan of $1,800,000 plus 3.75% Interest (stralgh1line),24 payments beginning 2007 YK I/ l ,.1.f; /..,,, $0.189861 $0.220599 7 $15,000 $15,000 $509:092 $593,940 r&r = 120% ol 7/27/05 r&r = 140% of 7127105 $16 $18 $58 $68 $16 $18 $1 342 $1565 2011 2012 2013 2014 !1:1407633 s1 855 836 $369144 $865 848 $0 $0 $0 $0 $509,092 $500,092 $S93,940 $593,940 lli.m ~ ~ ~ $558359 $574 046 $606860 $624245 $1,225,813 $724,769 - $1,950,582 ~ li1Q.lli ~ ~ $110 156 $2 060 738 $110156 $110156 $1855836 $369144 !:865 848 !f.1 379 936 ... i~ I ; • $0.251334 . $0.282074 $0.312812 - $15,000 $15,000 $15,000 $678,789 $763,637 $848,486 r&r = 160% ol 7/27/05 r&r = 180% ol 7/27/05 r&r = 200% of 7127105 $21 $24 $26 $78 $87 $97 $21 $24 $26 S1 789 52012 52236 2015 ·2016 2017 . 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 7fl78 2029 2030 2031 s1 379 936 S1 996 867 S2 635 391 $1 202 296 s1 897 857 S2702 612 $3635 533 S4397 607 $2 599 913 $3429240 $4287 594 $5 175 989 $3.875 671 S4749 64!1 !:5 6!i4 217 $6 590444 !f.7 559.440 $0 $0 $0 $0 $0 $0 $0 $0 $Q $0 $0 $0 • $0 $0 $0 $0 $0 $678,789 $678,789 $763,637 $763,637 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 ~ ~ ~ ~ ~ ~ tm.lli l1afil.2 mm ~ ~ llfil.122 ~ ~ ~ ~ ~ !1:727 087 $748679 $855 876 ~""5 717 $914911 $943 077 !f.972230 !1:1002402 $939483 !f.968 509 $998 552 !:1029646 $984134 $1014724 $1046384 $1 079152 $1 113 066 $1,304,293 ~ l $2,689,940 $874,522 $2,219,808 $7,630,327 $9,869 $3,240 $2796 $2, 178,815 · $2,689,940 $2,219,808 $7,646,232 ~ illilli§ ~ ill.QJ.§2 illi.lli li1Q.lli ~ ~ ~ ll1.QJ.Q§ ~ illilli§ li1Q.lli ~ li1Q.lli ~ 111Q.1§2 !:110156 $110 156 ~ 288 971 $110156 $110156 $110156 .s110 156 $2 800096 s110156 s110156 S110156 $2 329 964 s110156 $110156 $110156 $110156 $7756 394 $1 996867 S2 635 391 $1 202 296 $1 897 857 $2 702 612 $3535 533 $4.397 607 S2599 913 $3 429 240 $4287 594 $5175 989 !f.3 875 671 $4 749649 $5 654217 $6 590444 $7 559440 !!:916112 D m2QJieb11bi!!tatlon and Replacement 12/:W:OS aa Revised 12128106 .,, ~p ~ Sari.cs c~i:!fTJe/1 k winter water= $0.005434 GeM1&res , .r year = $15,000 Custoino• l'llpact: "' · .!dential -Low = $0.45 ;;, .;ldential -High= $1 .66 mmercial -Low = $0.45 r' ""mercial -Hloh = --··· •~D.1R S er· ~ ~""rge/1 k winter water= G3r.<'rJ· ,,er year. O&M= Rehab= Cusk ,,•Impact: ~J'lidential -Low = :-..~!den tial -High = .. ~mercial -Low = _ -1~1..'Rlme rc ial -Hiah = ~J.lJ!e '"""'"""'"": ~Jfm:w · R~n ds ·~]JI.~~ S<'l<l('' ~: Sar, .. ~ •'itg -Rehab: ln•e·~ ~amings• ·::uif.'lf:..I Revenue iErn Rr-r•f~.;r\; fulb.,1]3,~ ~ '=~1 '1·1 In VR-16 S -:utal $957,000 v · ·o v-11 . .;t,':Jtotal $997,200 L":r,·,,,~~ . ~ "-'i)tct ) liH-2.to v-o-/ ' 'klrtota W·J.ll to WR-18 sc:~otaJ $589,600 1/1J/JJ1 fc!llmll $0.159123 $15,000 $424,243 $13.18 $48.61 $13.18 !1:1118.02 Ililll~I Yllil,- 2016 2011 2011 ;. 59ta z-rsJ $'7'36;800-2 i L OtJ btotai e~ .M2toW-20 Suc>lotal $1,605,600 Z·14 coZ-1 2 Subtotal $599,000 Z-?.5 to Z-14 Subtotal $1,115;600 1'.Lif.ffia I 'llH-13 to WR-2 S utJ\otal $3,228,750 ! rJg.P.J.'.m \/R-'W to VR-1 & Vault 3 uLi.otal $4,176 ! '.' ·:·llo V-5 Sub1olal $1 ,371 Tunr.~: to Z-59 Sc!-:otal i1...m Ri>t abD .. 1tion Subtotal $10,606,080 SGSDP;0:oay:••• ~ _s1.~l'1,:·tll:,l?x oense $13.249 A."" !fi"~'fiijtii;,; .. '· 1 (End\: • W?f''1 Fwamings • 3.5% on Begionhg funds avalable 1'!:'.1·;.-,n fa ctor• 3 .5%/yr from 2005 base 2021 2016 2025 2030 2030 2030 2030 S<lmn1 1..,.-:,·mr..JJ 't 1 PrDDO!Ull· $0.108406 $0.159123 $15,000 $15,000 $284,243 $424,243 r&r = 67"/o of 7/27105 r&r = 7/27105 $8.83 $13.18 $32.57 $48.61 $8.83 $13.18 !:754.66 !:1118.02 2007 2··-2lll~ 2010 so ili524.912 5717.371 $1056566 $1,800,000 $0 $0 $0 $284,243 I $284,243 I $424,243 I $424,243 IQ lli.m. ~ mm !1:2 084243 $302.615 !1:4.49351 S41l1 223 -1'038 r (,)el .Uf'f '5;'705 ·162,688 1 )im-'i (,'() "/' $1,559,331 IQ llmlli llmlli llmlli $1559331 $110 156 !1:110156 !1:110156 S:S24.912 S717 371 S1 056 566 S1 407633 n of $1,800,,000 plus 3.75% Interest (straight line), 24 payments beginning 2007 J?H l/ l..1& I~ $0.189861 $0 .220599 "':J $15,000 $15,000 $509:092 $593,940 r&r = 120% of 7/27/05 r&r = 140% of 7127/05 $16 $18 $58 $68 $16 $18 !1:1342 !1:1.565 2011 2012 2013 !>014 51407633 S1855836 ili369144 'Mh• 848 $0 $0 . $0 $0 $509,092 $50!l,092 $593,940 $593,940 ~ ~ ~ ~ $558 359 $574 046 $606860 $624245 $1,225,813 $724,769 - $1,950,582 llmlli llmlli ~ llmlli $110 156 $2 060 738 s110156 $110156 $1.855 836 5369144 S865 848 S1 379 936 $0.251334 . $0.282074 $0.312812 - $15,000 $15,000 $15,000 $678,789 $763,637 $848,486 r&r = 160% of 7/27/05 r&r = 180% of 7127/05 r&r = 200% of 7/27/05 ; $21 $24 $26 $78 $87 $97 $21 $24 $26 $1789 !l:!>n12 $2!>AA 2015 ·2016 2017 . 201R 2019 7117f 2021 2022 'A"3 2024 2025 2026 2027 ?<178 2029 2030 711'<1 !:1379936 S1996867 S2 635 391 S1 202 296 S1897857 s2102s12 !:3535 533 S4397 607 C'>•~913 S3429 240 ili4 287 594 55175 989 $3.875.671 $4 749 64'1 s5 654 217 S6 590 444 S7 559440 $0 $0 $0 $0 $0 $0 $0 $0 $Q $0 $0 $0 • $0 $0 $0 $0 $0 $678,789 $678,789 $763,637 $763,637 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 $848,486 ~ ~ m.m ~ ~ ~ ~ ~ mm l12Q.Q2a ~ ~ ~ ~ ~ ~ ~ $727 087 it748679 $855 876 $805 717 $914911 $943 077 $972 230 $1002402 $939483 !l:<IAA<M $998 552 $1 029 646 !1:984134 S1014724 $1046384 $1 079152 $1113 066 $1,304,293 $2,689,940 $874,522 $2,219,808 $7,630,327 $9,869 $3,240 $2.796 $2, 178,815 · $2,689,940 $2,219,808 $7,646,232 ~ llmlli lliQ.lli ~ llmlli llmlli llmlli ~ llmlli ~ U1Jlli2 lliQ.lli ~ ~ ~ t!.l.l1.lli W,Q,.1§2 $110 156 $110156 !h!> 288 971 $110156 $110 156 $110156 .$110156 $2 BOO 096 s110156 s110156 $110156 $2 329964 $110 156 s110156 $110156 $110156 $7756.394 !1:1 996 867 $2 635 391 S1 202 .,~ S 1 897 857 s2 702 612 S3 535533 <A ~97 607 !h2 599 913 S3 429240 $4287 594 S5175 989 $3 875 671 $4.749 649 ili5 654217 $6 590 444 S7 559440 S916 1121 ~ ; . ~ 0 .c c !I) .. ~ I'll .... Cll .~ t <( I I a.. GI > I'll .... GI .~ t ct ' : I '