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Home My WebLink About2014-02-11 WSB AGENDAWATER & SEWER BOARD AGENDA TUESDAY, FEBRUARY 11, 2014 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE JANUARY 14, 2014 WATER BOARD MEETING . (ATT. 1) 2. GUEST: 590 PENNWOOD CIR . (ATT. 2) 3. 705 W. NASSAU AVE. (ATT. 3) 4. GUEST: ERIC CHEKAL-KENT PLACE (ATT. 4) 5. ALUM SLUDGE DISPOSAL. (ATT. 5) 6. INFO ITEMS: FEEDBACK FROM WEBSITE DATED FEB. 3, 2014. (A TT. 6) 7. OTHER 5:02 p .m. Present: Absent: Also present: \VA TER & SE\VER l\UNUTES TUESDAY, JANUARY 14, 2014 Oakley, Wiggins , Habenicht, Waggoner, Woodward , Burns, Penn, Ol so n Lay, Gillet, Moore Stewart Fonda, Directo r of Utilities John Bock, Manager of Admini stration Yasser Abouaish, Utilities Engineer The meeting was called to order at 5:02 p.m. 1. l\IINUTES OF THE NOVEMBER 12 , 2013 MEETING. The Board reviewed the Minutes of the November 12, 2013 Water Board meeting . Motion: Moved: To appro\'e the M inute s of the No\'ember 12, 2013 Water Board meeting as written. Burns Seconded: Waggoner Motion appro\'ed unanimou s ly . 2. GUEST: JENNIFER DAl\'IELSO~ -460 E. YALE A VE. Ms. Danielso n appeared before the Board to reque s t that the Board waive Ordinance 12-2-4-B that requires her to replace her sewer line to Yale for new construction . Her existing sewer line is also connected to 2701 and 2725 S. Pennsylvania St. and all lines converge in her front yard. Mr. Fonda noted that the existing sewer service line was TV'd and determined to be sound. She I -I is concerned that it would be prohibitive to close and reroute Yale, and would be a considerable inconvenience to her adjacent neighbors. Ms. Danielson recognizes and agrees that this would be a variance in which the City of Englewood would not be responsible for this service line . Staff and Englewood 's City Attorney will confer with Ms. Danielson on the language for the agreement. Notice of the variance will be recorded against the deed for 460 E. Yale Ave. notifying future purchasers of the waiver. Staff recommended granting the waiver. Mr. Penn requested that the Board receive a copy of the agreement and waiver that will be recorded against the property. Motion: Moved: To approve Ms. Danielson's request to waive Ordinance 12-2-4 B requiring her to replace her sewer line subject to an agreement on the final language and the waiver being recorded against the titled . Bums Seconded: Oakley Moti o n approved unanimously. 3. PURCHASE OF LOADER/BACKHOE. The proposed loader/backhoe is used for excavating dirt and fill for water, sewer and stormwater projects. The purchase is recommended to replace the existing 13-year old Unit# 1359 according the CERF replacement schedule. Honnen Equipment Company is the lowest recommended bidder at S 114,655 for the bas ic loader/backhoe. Opti o ns for an extendible dipperstick with auxiliary hydraulic lines and the mechanical front wheel drive were added making the total cost Sl31,555. This purchase was approved in the 2014 budget and will be funded by the CERF Fund . Motion: Mond: To approve the bid from Honnen Equipment Company for a loader/backhoe in the amount of $131,555. Waggoner Seconded: Habenicht Motion approved unanimously. ' -? 4. GUEST: GARY STEVENS & CHRISTIAN AGGELER -GLOBEL STORAGE, 2690 \V. UNIO:\" AVE. Mr. Gary Stevens of Globe! Storage and his attorney, Christian Aggeler, appeared before the Board to discuss a problem with a water service line going to a neighboring house from his property at 2690 W. Union Ave. Another water ser\'ice line was tapped on Mr. Ste\'en's service line going to 2710 W. Union Ave. without the City's knowledge or payment of tap fees. Mr. Stevens has turned off the line going to 2710 W. Union Ave., which then switched to an existing well on their property. Mr. Stevens noted that he may want to disconnect the existing lines for redevelopment. Dan Brotzman , Englewood's City Attorney, noted that the issue in disconnecting the service line at the main would be making two houses uninh a bitable . The City is not going to turn off the service line as long as the bill is paid. The owner of 2690 W. Union can turn off the water to the other house and the legal issue would be a civil matter. Mr. Brotzman also noted that the owner of 2710 W. Union Ave. does not have permission to reconnect the illegal tap. Putting in a w a ter sef\"ice line to th at address would require proof of an easement and Mr. Brotzman noted that the existing easement is not legally clear. The Board unanimously agreed to take no action in this civil matter. 5. \VATER CO:\"SERVATIO~ PLAN REVIE\V. Mr. Abouaish, Utilities Engineer, appeared before the Board to discuss the Colorado Water Conservation Board (CWCB) conditional approval of Englewood's Water Conser\'ation Plan. The Board received a copy of a letter dated December 19, 2013 responding to comments recei\·ed from the CWCB. A memo from Yasser Abouaish, Utilities Engineer, dated D ecember 23, 2013 was also attached outlining conservation plan steps that have been implemented. The CWCB staff has completed their review of the City of Englewood 's Water Conservation Plan and has given the plan a conditional approval. A letter was drafted to address the conditions outlined in the review and to provide deta ils and clarification, which are required for final approval. The conditional approval consists of voluntary conversion to meters and upon property title transfer for three years. If unsuccessful after three years , th en 100 meter com·ersions a year will be required. The mayor would be able to sign the letter clarifying conditional approval letter to the Water Conservation Board. In the event that sufficient meters I -3 are not installed by the third year, the City would purchase and install enough meters to make the required conversions . The approved letter to the CWCB will go to a future City Council study session and then be forwarded to the mayor for his signature. Motion: Recommendation to Council to have the Mayor sign the Jetter to the Water Conservation Board responding to comments received regarding Englewood's September 2013 Water Conservation Plan. Moved: Burns Seconded: Kells Motion passed un animously. ~ 6. INTEREST ON LA TE FEES. The Board received a memo from John Bock regarding a citizen's complaint regarding interest on late fees . The memo notes that while Municipal Code #12-lD-4 and 12-2-3G allows us to collect interest, the Utilities Department has elected not to, but does collect delinquency charges on an unpaid balance. John reviewed the existing code for late fee requirements. The Board reviewed a copy of a letter that the Utilities Department received from Mr. Jack Derby regarding the same issue. The Board discussed and concurred to continue to charge late fees on delinquent accounts. Motion: To continue late fees as e stablished. Moved: Kells Seconded: Wiggins Motion approved unanimously. EXECUTIVE SESSION Motion: To mo\·e to adjourn to Executive Session. Moved: Oakley Seconded: Habenicht Motion passed unanimously. Executive session began at 5:58 p .m . ) -'-( Roll Call: Present: Wiggins , Burns, Habeni c ht, Oakley, Waggoner, Penn, Olson Also pre sent: Stewart Fonda, Dan Brot zman, Cathy Burrage, Kerry Bush Stewart Fonda and Dan Brotzman presented information regarding water rights negotiations. l\fotion: To move to adjo urn the Executive Session and reconvene the Water and Sewer Board meeting in progress . l\Iond: Penn Seconded: Habenicht Motion apprm·ed unanimously. 7. INFORl\lATIO~AL ITE~I: DENYER POST ARTICLE DATED DEC. 4, 2013 "\\'ATER Lil\'ES: DEl\TYER-\VEST SLOPE \VATER AGREEMENT FINALLY FINAL." The Board recei \·ed a copy of the abo\·e Dem·er Post article discussing the Colorado Cooperative Agreement between Dem·er Water and 42 West Slope water pro\·iders and local go\·ernments. The meeting adjourned at 6:40 p.m. The next meeting will be Tuesday, February 11, 2013 at 5:00 in the Community De\·elopment Conference Room . Respectfully submitted, Cathy Burrage Recording Secretary I -S- MEMORANDUM To: Stu Fonda, Utilities Direc tor ~J'-' From: John Bock , Utilities Manager of Administration~,_,.., Date: February 5. 2014 Subject: 590 Penmvood Circle Remediation On December 8. 2013 , a City water main near 590 Penwood Circle broke. Water from the main break flooded that basement. At first the renter declined the offer to have Belfor International perform remediation service in the basement. Later. the homeO\\Tier decided to accept our offer to have Be lfor go in . Belfor International was contacted to perform certain. predetermined remediation services (list included) as previously reviewed and appro\·ed by the Water and Sewer Board. One of the services Bel for is authorized to perform are .. flood cuts ... which is the removal of drywall a foot or two up from the floor. This remows wet drywall and exposes the \Vall behind the drywall so it can be thoroughly dried so mold \\ill not form . With the existing contract, the drywall removed for the flood cut is not replaced. The O'v\ner of 590 Pennwood Circle is requesting remediation services and considerations beyond those previously approved by the Board . The letter from Maureen Foley is included. 2 -I January 6, 2014 Attn: John Bock: RE: 590 Pennwood Circle, Englewood, Colorado Please note that the City of Englewood flooded the basement of my property (590 Pennwood Circle, Englewood, Colorado) on December 8, 2013 , via a "water main break," and the property remains in disrepair. The flood caused extensive damage to the basement carpet which I understand will be replaced by the City of Englewood, at no charge to me . There was also damage to the drywall which was soaked by the flood . When we spoke a few weeks ago, you indicated that the City of Englewood would not pay to repair the damaged drywall. Please note that I never authorized the City of Englewood to flood my basement nor did I authorize Belfor Property Restoration to cut out part of the drywall in the basement. I expect the drywall to be repaired immediately, at your expense . I have attached the estimate from Belfor Property Restoration detailing the damage to the drywall. In addition, my tenant, Bobi Gilmore, has been displaced since the December 8, 2013 flood, which also damaged her personal property, and she has been unable to use the 900 sq . ft . basement of the residence . Bobi pays $1,250 .00 for rent each month and needs to be reimbursed by the City of Englewood for a portion of her December 2013/January 2014 rent. I do not have the funds to reimburse Bobi for the portion of her rent associated with the unusable basement. As it stands now, Belfor Property Restoration said it could be another two weeks before the carpet is installed, and Bobi will be further inconvenienced until you replace the drywall. I look forward to hearing from you soon . Thank you , Maureen Foley 303 -910 -7435 5059 Morning Glory Pl. Highlands Ranch, CO 80130 2 -2- BELFOR (e) BELFOR Property Restoration PROPERTY RESTORATION 5085 Kalamath St. Denver, CO 80221 303.425.9700 www.belforusa .com federal Tax I.D . 84-1309171 Client: Moreene Foley -City of Englewood 590 Penwood Circle Property : Englewood, CO 80213 Operator: MARK .l\EU Estimator: Mark l\'eufeld Business : 50 8 5 Kalamath St Denver, CO 80221 Type of Estimate : Date Entered: Sewage 12119 12013 D ate Assigned: Price List: CODE8X DEC 13 Labor Efficiency: Restoratio n/Service/Remo del Estimate: MOREENE FOLEY 2 -3 Cellular : (30 3) 910-7435 Tenant : (720) 8 10-947 8 Bus ines s: (303) 425-9700 E-mail: mark .neufeld ~us .belfor.com BELFOR (e) BELFOR Property Restoration PROPERTY RE ST 0 RAT I 0 H 5085 Kalamath St. Denver, CO 80221 303 .425. 9700 www.belforusa.com Federal Tax I.D. 84-130917 1 -IJ'- 11'6"- Missin g Wall -Goes t o Floor Missing Wall -Goes to Floor DES C RJPTIO:\ De n Drywall Repair -Minimum Charge - Labor and Material Paint ing -Labor Minimum Finish Carpentry -Labor 1'.l inimum Totals: Den Total: Main Le\l:l Line Item Totals: l\IOREEi'iE FOLEY Grand Total Areas: 835.56 SF Walls 434.20 SF Floor 0.00 SF Long Wall 434 .2 0 Floor Area 869.83 Exterior Wall Area 0.00 S urfac e Area 0.00 Total Ridge Length MOREENE FOLEY MOREEJ\E FOLEY Main Lenl 528.22 SF Walls 818.59 SF Walls & Ceil ing 32.26 SY Fl ooring 75.33 LF Ceil. Perimeter 2' 6" x 6' 8" 8 ' 8" x 6' 8" QTY REl\10\"E REPLACE 1.00 EA l.00 EA l.00 EA 434 .2 0 48.24 0.00 471.86 106 .50 0.00 0 .00 0 .00 0.00 0 .00 SF Ceiling SY Flooring SF Short Wall Total Area 286.68 145 .91 166.03 Exterior Perimeter of Wall s N umber of Squares Total Hip Length 290.36 SF Ceiling 290.36 SF Floor Height: 8' 64. 1 7 LF Floor Perimeter Opens into Exterior Opens into BEDR00:\-1 TAX O&P l.06 57.56 0.00 29. l 8 0.00 33.20 l.06 11 9.9-1 1.06 119.9-t 1.06 119 .9-t 1,269.75 SF Walls and Ceiling 99.83 LF Floor Perimeter 127.50 LF Ceil. Perimeter 835.56 Interior Wall Area 0.00 Tota l Perimeter Length 12 /27/2013 TOTAL 345 .3 0 175 .09 199 .23 719.62 719.62 719.62 Page : 2 BELFOR (e) BELFOR Property Restoration PROPERTY R ESTORATI 0 N 5085 Kalamath St. Den ver, CO 80221 303 .425 .9700 \\WW .belforusa .com Federal Tax I.D. 84-1309171 Line Item Total Materia l Sales Tax Subtotal Overhead Profit Replacement Cost Value !\et Claim MOREE]'.;E FOLEY Ma rk l\eufdd Summary 12 /27 /2013 598 .62 1.0 6 599.68 59.97 59 .97 $719.62 S719.62 Page: 3 BEL FOR (e) BELFOR Property Restoration PROPERTY RESTO RA Tl OH 5 085 Ka la m a th St. De nver, C O 80 2 2 l 303.425.9700 W\\rw.be lfo ru sa.com F ed era l Tax I.D . 84 -13 09 17 1 Estimate: l\lOREEl\E_FOLEY Area: Main Level Den Area Subtotal: Main LeYel Subtotal of Areas Total MORE ENE FO LE Y Recap by Room 598.62 100.00% 598.62 100.00% 598.62 100.00 % 598.62 100.00 % 12/27/20 13 Page :4 BELFOR (•) BELFOR Property Restoration PROPERTY RESTORATION O&P Items DRYWALL 5085 Kalamath St. Den ver, CO 80221 303.425.9700 •vww .belforusa.com Federal Tax I.D. 84-1309171 FI'ISH CARPEl\TRY I TR1'1WORK PAl:'\Tl:'\C O&P Items Subtotal Material Sales Tax Owrhead Profit Total MOREEJ\E FOLEY Recap by Category 2--7 Total % 286.68 39.84% 166.03 23.07% 145.91 20.28% 598.62 83.19% 1.06 0.15% 59.97 8.33% 59.97 8.33% 719.62 100.00% 12/27 /2013 Page : 5 Main Level J , 12' 6" ~II ~ I I I I N I ~ d" (}) il'i Den I 00 -~ -~ 'l'', I 4' I" 0 1 ~ N 7f t ~ N I N 8' 5" 4' I" I l J 9' I" MOREENE FOLEY 27' 6" k ~ I ~ °' I I I ; f J 5' I ! I ' ~ I I I ' 4' o11 _1 11' -' =i I 1 Redro:i11 (I f:_o ~ '<:f .. I N ~ ~ 11 -i I I 1 ! f I . I : I I I , I,~ 11 ~ 11 I I J -I 14' --- Bedroom ~II ~ 9' l ~I -u- Main Level 12 /27 /2013 Page: 6 John Bock From: S ent: T o : S ubjec t: Thank you John - Charla Beram <Charla@kcgte l.com> Tuesday , January 14 , 2014 3 51 PM John Bock RE : 705 W Nassau Way Remediation Form As discussed with you , belovv is our position on this issue that happened on Saturday. And my husband talked to a tech that is still working the issue this afternoon as it looks like the line still hasn't been completely cleared?? Is there a possibility of this happening again before your crew gets this completed? \Ve called the Utility Department first on Saturday, January 11th, howe\·er their phone system was not vvorking correctly and we were not able to get through to anyone. We proceeded to call 911at12:15pm and the fire department arrived vvithin I 0 minutes. They worked to try and reach the department as well and finally was able to reach the director who said that he would work on it -after an hour we still did not ha\·e a crew on hand and per the tech we spoke to today, they didn "t even get notified of the issue until after 2pm, which they then had to dispatch a crew to get here -it took over 3 hours to get someone here!! We do not believe that to be vvithin a "reasonable amount of time" and it caused much greater damage to our structure and personal belongings in our basement. If vve would have been able to get through immediately, the damage could have been much less and \Ve would not be at the extent we are now. We had to have our Furnace company come out and fix our furnace due to the levels of sewage at a cost of $300 for labor and parts. \Ve also had to replace our Hot water heater as the levels got so high they destroyed the heating elements. This was at a cost of S 1200.00. We nov,: have 2ft. of our walls missing and our bathroom ripped out (done by Belfor -and per the Remediation form we signed -there was nothing about ripping our bathrooms) and all of our personal items destroyed. We have the highest coverage you can get for Sewer on our homeov.ners insurance due to this happening 7 years ago and wanting to make sure we have coverage. However, the coverage is maxed at $15,000 and the cost to replace our personal items and now fix our walls and bathroom will far exceed that limit. This was in no way our fault and should have never gotten to the levels it did if the Utility department would have not taken so long to get here. We are asking for coverage of the Hot Water Heater, furnace fix and assistance with the cost to get our basement back to the livable space it was prior to this issue. The last time this happened , it was fixed so quickly it was just a clean and new carpet and everything else vvorked. This time it is MUCH worse. We would like assistance with covering our deductible ($5000) and the additional cost above the $15,000 it will take to replace our walls and bathroom. 3-1 \Ve have contacted an attorney to kno\v where we stand with our rights and hope that we do not have to take that rou te any further and can come to an amicable agreement. Thank you - Jo sh and Charla Beram From: John Bock [mailto:jbock 'a'en2:lewoodsrnv .orn] Sent: Tuesday, January 14 , 2014 12:04 PM To: Charla Beram Subject: 705 \\'Nassau Way Remediation Form Hi Charl a , Here is the form Josh signed. John Bock Englewood Utilities Manager of Administration 3 03-762-2643 ibockla' enQ:!ewoodQ:ov .orQ: FAX 303-783-6894 This email has been scanned by the Symantec Email Security .cloud service. For more information please visit http://vV\\W.svmanteccloud.com 3-2 I guess I need to ask-It looks like they did it once in March of 2012, once in June of 2013 and then 2 times prior to the back up on the 11th and then on that day. Was there a concern of this issue prior to it happening and that is \Nhy they were out there 2 times this month prior to the backup day? Was this caused by something they did when working it on those previous 2 days ? Thank you- Charla From: John Bock [mailto:jbock'a'enQJewoodg:ov.orn:] Sent: Wednesday, January 15 , 2014 2:06 PM To: Charla Beram Subject: Sewer Main Flushing Dates Hello Josh and Charla, Attached are the d ates when the sewer main was flushed . John Bock Englewood Utilities Manager of Administration 303-762-2643 j bockrll:en g:lewoodg:o v. org: FAX 303-783-6894 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http ://\\IV\w.svmanteccloud.com 2 3 -3 John Bock From: Sent: To: Subject: Mitch Riley Wednesday , January 15 , 2014 3 54 PM John Bock ; Charla@kcgtel.com RE: Sewer Main Flushing Dates The first time we came out last week was in response to 735 W. Nassau Way having a service line back up in their bathtub that was an indicator of a problem in the sewer main. Their tub started filling with sewage and then it drained . They called me and we showed up to flush from 725 W. Nassau Way to clean the line towards 735 W . Nassau Way. We had to gain access due to a newly constructed fence at 3995 S. Galapago St to finish cleaning the line. The homeowner was unable to take the fence down until Tuesday the i h of January due to a death in his family. We returned on Wednesday the 81 h to finish pulling the line into the 3900 block of Galapago . The blockage on the 111 h of January was caused by someone flushing shop towels into the sewer main upstream from the addresses that were affected. We found and retrieved a claw hammer that was dropped into the main at 4080 S. Fox St. when the homeowner had a sew er line service replaced on Wednesday the g th of January . We can 't prove that this caused the backup but alon g with roots protruding from sewer service lines and shop towels being introduced into the sewer main its possible . There is nothing that we could have done to prevent this unfortunate incident. And any action we took to clean the main could not have caused this to happen. We have had a history of heavy grease and towels being found in this sewer main that have caused backups before that cause us to clean this main more than once a year . There is no way to control what people flush down the sewer line, but we have tried to educate people through articles published in newsletters . From: John Bock Sent: Wednesday, January 15, 2014 2:22 PM To: Mitch Riley Subject: FW: Sewer Main Flushing Dates Hi Mitch , The residents at 705 W Nassau Way asked to see the flushing record and they have the question below . John From: Charla Beram [mailto:Charla@kcgtel.com] Sent: Wednesday, January 15, 2014 2:10 PM To: John Bock Subject: RE: Sewer Main Flushing Da tes Hi John , John Bock Fro m: Se nt: To : Charla Beram <Charla@kcgte l.com> Friday , January 17 , 2014 9 :35 AM John Bock S u bj ect: FW: Sewer Ma in Flushing Dates Hi John, I received your voicemail. If you can provide me the location of the meeting that would be great. I would like to make sure that the logs that we received and the belo\v email are also part of the package you put together for them . Thank you - Charla F r om: Mitch Riley [mailto:mrilevla'enQlewoodQO\'.OrQ] Sent: Wednesday, January 15, 2014 3:54 PM To : John Bock ; Charla Beram S u bj ect: RE: Sewer Main Flushing Dates The first time \Ve came out last week was in response to 735 W. Nassau Way ha\·ing a serYice line back up m their bathtub that \Yas an indicator of a problem in the sewer main. Their tub started filling vvith sewage and then it drained . They called me and \Ye shovved up to flush from 725 W. Nassau Way to clean the line towards 735 W. Nassau \Vay. V..'e had to gain access due to a newly constructed fence at 3995 S. Galapago St to finish cleaning the line. The homeo'v\ner \\:as unable to take the fence dovm until Tuesday the th of January due to a death in his family. 'Vv'e returned on Wednesday the g rh to finish pulling the line into the 3900 block of Galapago. The blockage on the 11 th of January was caused by someone flushing shop towels into the sewer main upstream from the addresses that were affected. \Ve found and retrieved a claw hammer that was dropped into the main at 4080 S. Fox St. when the homeo\.\ner had a sewer line service replaced on Wednesday the g th of January. 3 ·-2>- We can't prove that this caused the backup but along with roots protruding from sewer service lines and shop towels being introduced into the sewer main its possible. There is nothing that we could have done to prevent this unfortunate incident. And any action we took to clean the main could not have caused this to happen. \Ve have had a history of heavy grease and towels being found in this sewer main that have caused backups before that cause us to clean this main more than once a year. There is no way to control what people flush down the sevver line, but we have tried to educate people through articles published in newsletters. From: John Bock Sent: Wednesday, January 15, 2014 2:22 PM To: Mitch Riley Subject: FW: Sewer Main Flushing Dates Hi Mitch, The residents at 705 \V Nassau Way asked to see the flushing record and they have the question below. John From: Charla Beram [mailto:Charla'a:'.kcctel.com] Sent: Wednesday, January 15, 2014 2:10 PM To: John Bock Subject: RE: Sewer Main Flushing Dates Hi John, I guess I need to ask -It looks like they did it once in March of 2012 , once in June of 2013 and then 2 times prior to the back up on the 11th and then on that day. Was there a concern of this issue prior to it happening and that is why they were out there 2 times this month prior to the backup day? Was this caused by something they did when working it on those previous 2 days? 2 3 -(,;. • SUPPLY .- WATERWiRKS WE PA-vc r-Lt1.r1~1J ;.LJ,s. L 1Alc Sc=-6m6?r-17 o I=" N~~.4-t-<-tJ/1--Y Mlf>J/lat.,c). ~-~ z-Zi-7 ~·~-2-~'1 -7 3-s -2-z.2-? 3 -:;-~-2.g- ~d rYJH/2-Ctl tJ r-Zo/z_ 4-UlfJ.J Wl'1-f.rud / .::rtJllAINf /)~ .:rut-IE " ~ -x11 3 4-um . ./ w l17r f7./ / d ntAL t?t41 Jo ~ 3 ~/ L/ 4u1'f"!.A W/t-rr~·; 1~~ L1q.JTL //2Q66z:r/G,,,,//~lf1...I J7#J 6 2-{);L{ AvWw.+TfpJ//~L1U1rL/ Ro~avr~,//~AP .;t"/W 1 ! P.J 1 L/ 4 UAtLJ Wm-r(Vl/ / ~e:L,u~rL. Colorado Spr;ngs 2050 Reliable Cir 719-576-8588 fax 719-576-8732 Denver Ft. Collins Henderson 191038thSt 308 N Link Ln 9451 Yosemite St 303-292-1 112 970-22 1-4-422 303-394-0004 fax 303-292-5008 fax 970-221-9889 (ax 303-394-4450 "Local Service, Nationwide" www . waterworks.hdsupply com 3-7 Pueblo 901 Aspen Cc 719-566-0802 fax 719-566-0869 NOTICE TO ENGLE\VOOD SA1'1TAR\' SE\\'ER CUSTOYIER SANITARY SEWER BACKtP REMEOIATIO.'\' 2 26. 2 01J 'i Dear Engk"ood sanitar) sev..er customer: You are re ceiv i ng t his notice beca use ,:ou ha\e had a sani tar: SL'\\er bad.up in :ou r n::sidence or business caused b) a blodage in an Englc\\OOd se \\cr m::iin. and because it is th e C it y of Engb\ood·s practice to rende r a id when this happens . Whe n sev..er main blockages do occur. it is th e Cir: of Engle\\Ood·s practice to contract 'v\ith a compan,: that specializes in water and sewage damage remedia t ion. The remed iation co mpany is a uthorized to perform the following sen ices onl,:.: , Water/sewage extraction , S a niti ze 'v\ ith an anti-microbial treatment , l\1a\.;e necessary drywall flood cuts . , Clean and deod o rize by mopping . , Move the furniture and contents o f the affected roo m s as necessary , Pack books in b o .\es , , ,, ,.. Wipe down furniture Run drying bJo..,.., ers as neccssaf) Run dehumidifiers as n ecessaf) Lift carpet and pads for dr;. ing . L ift and dispose of carpets and carp..:t pad s if necessa ry . Replace carpet with equivalent if necessa r;. r Replace carpet pad with equi\ ak11 t if n e cessary Remove and replace fl oor linoleu m nr tl o,1r tiles v. ith equ i' ale11 t as necessar;.. Laundry -Pack in bags Laundry-Contact th e L:tilit ies D erartmen t for laundr: cleaning information . From a legal standpoint, the C it,: of E :ngle \~M d is under n o obligation to do anything oth er than maintain its sewer main s. So long a s the Cit) has made a good faith effort to adequate!) maintain its sewer mains, it is not liable fo r an: loss o r damage a property o~ner may incur as t he result o f a blockage and backup in th ose m a ins . A prupert) owner accepts a certain amount of ri s k b) connecting to the City 's se'v\er S)slt:m \\h i ch can become blocked for reasons out of t he Cit:;. ·s contro l. By agreeing to authorize the perform ance of t hese cleanup services. the Cit) of Engle \\ ood in no >Va ) accepts or acknowledges any liab il ity for k)ss es or damage to the affected prope rt) caused b) a b lockage and backup in its sewer sys tem . l f t he property owner des ire s services be:ond those listed here. the:y may contract direct ly \\ ith the remediati on compa n: o r c ontac t their in di\id ual in,;urance company for directi ,rn [:We . :\J " (,\ ... _1 \., 3•.r <.-, O\\lle1 ·(s)o f t h eprupert,:::it _J !.2:~; 1: 1\: ."·· '~~ -4Elec t to a'iio 'v\ entr-J into our premises b: C ir: pe rsonne l for inspecti o n of damagt: and e >aluate cleanup needs . _Cho se to decline the Cit) ·s o ffer of cle an up :;e n i.:es ~ e -~b-----------~---- ____ Date-'-f1)_i_,_J ...__I_) 1..._-) _____ _ Engl e\v ood Lti I iti es Depa rtmen t 303-7 62-263 5 . 3-8 ADDENDUM TO B ELF OR SERVICE CONTRACT N OTI CE T O E NGLEWOOD SANITARY SE WE R C U ST OMER SAN ITARY SEWER BACKU P RE ME D IA TION Dear Englewood sanitary sewer customer: You are receiving this notice because you have had a sanitary sewer backup in your residence or business caused by a blockage in an Englewood sewer main, and because it is the City of Englewood's practice to render aid when this happens. When sewer main blockages do occur, it is the City of Englewood's practice to contract with a company that specializes in water and sewage damage remediation. The remediation company is authorized to perform the following services only: );.>-Water/sewage extraction );.>-Sanitize with an anti-microbial treatment );.>-Make necessary drywall flood cuts. );.>-Clean and deodorize by mopping. );.>-Move the furniture and contents of the affected rooms as necessary. );.>-Pack books in boxes );.>-Wipe down furniture );.>-Run drying blowers as necessary );.>-Run dehumidifiers as necessary );.>-Lift carpet and p ads for drying. );.>-Lift and dispose of carpets and carpet pads if necessary. );.>-R eplace carpet with equivalent if necessary ):-Replace carpet pad with equivalent if necessary ):-R emove and replace floor linoleum or floor tiles with equivalent as necessary. );.>-Laundry -Pack in bags ):-Laundry -Call the Englewood Utilities Department for laundry anti-microbial information. From a legal standpoint, the City of Englewood is under no obligation to d o anything other than maintain its sewer mains. So long as the City has made a good faith effort to adequately maintain its sewer mains, it is not liable for any loss or damage a property owner may incur as the result of a b lockage and backup in those mains . A property owner accepts a certain amount of risk by connecting to the City's sewer system which can become blocked for reasons out of the City's control. By agreeing to authorize the performance of these cleanu p services, the City of Englewood in no way accepts or acknowledges any liability for losses or damage to the affected property caused by a blockage and backup in its sewer system. If the property owner desires services beyond those listed here, they may contract directly with the remediation company or contact their individual insurance company for direction. l/W e, owner(s) of the property at _________ _ _ Elect to allow entry into our premises by City personne l for inspection of damage and evaluate cleanup needs. _Chose to decline the City's offer of cleanup services. Signed Date __________ _ Englewood Utilities Department 303-762-2635. 3-9 Jeff Git]/e,5 Coy Cad/ed I-II-IL/ C\T .3-:04 Pt11 "1 e C.°' 11 eol ~ Uo n 0i h J f-he(le Wo.~ 0 bo.ct l1f 0i+-70 S w M lVeS f Al _ CISSQf.,f tt/O) r q1,1oJ / ,.<_ S / V C\ s 5 °' "1 IA/~ y.: .I' w vt .5 0 IA f'r-1 J l1 '/ s I re 0.+-cfl/tl s . °'" T e Fife ole?t: Said t-her(/ Was t"l ../YJci n ho le o Ue;rf I ow,~ 0\ t-7 J.-s Wes f o. VJoi 71-1 s we 5 -;- ;v0i s~oit WCi\Y• ~J.-l 5 wc,sf-,-5 ~ f"iv~+e 1,-Ff 51-e>if/orJ MtAJ~ Tram 0... /IJef~r r,·t-0i11J ,-+ WOiS /110+ at1crFloW/'f_5 wi1 e,.ri ;: Wo.s th ere, "1 !A 5 w0i s averflo w,·~ -:r es+ ,·.rYJ Ci'! fe J_ 3 C\ " ()-.'-/YJ ,·YJ -troM Mo. y6e 1100 Al1 to 3 rJrJ F/i'J So 6&twec,n 5 ao +o 600 3 ~ 100 5 )J::; .sol/of tvere 5een co.Me,i0__) 04-t of' f-he MClnho/e,, .J v. s f £. e<v ":J e w o, T-e r I w ci s '7) -}-f J1 e !YJo, i1 ho I e behind '7£ s Wc-~-t ;tlo,S51Al/ W().'( ,Mi-I 3-3 -;;...-9 o.1td O.llc111 we1s Flushi1-1J FroP1 3995 s. Gv.lo.po.c/? s-r ;n. H . ..?-J-)-<;J ?.ncJ x 3<Ai~eof +he ho.se fhrol/1Jh +0c ('101v-.~ole 3.;..3-2-°t o-.. ¥} y ft,,I ~ 9 a br -fJ;i C\+ r ;tJever seen WoV1lo/ l'Y10ike 0i o~cl<up 30 ly 6(/ft-°'''°"V1 sq;o{ he seeu soh1e 6'/':) 1-i .IYJ e's tA 11 I Seeh tow I es °' o 6~ fie Flush ftvo J 1· wo..s o.. lo+ of-3rif-·the 6a.ck l1f o./IC)n so,,·J Was 1 t bB w~tn "165 wes+ o-.nol 7.S-5 tA .• I(;:; t-Ala5s°'"' o.ve 3 -/D c T y October 10, 2013 Mr. Eric Chekal Regency Centers 8480 E. Orchard Road #6900 0 F Greenwood Village, CO 80111 E N G LEWOOD Re: Water and Sewer Tap Credits at Kent Place. Dear Mr. Chekal: Over the years, it has been the City 's policy to apply water and sewer connection credits at the time an application is received and to collect money only if the credits are insufficient to cover the full cost of the connections. It has also been the City's policy to distribute the credits as directed by the property 0~11er. The City does not refund unused water and sewer tap credits. The unused credits remain with the parcel should they ever be needed. By City ordinance (12-lA-l), connection credits do not constitute a relinquishment of water or water rights . They only provide the right to take and use City water for those uses approved by the City. \l/hen the Denver Seminary land was purchased by Continuum Partners, Inc. it carried "vi.th it substantial water and sewer tap credits, which credits could have been applied as the different builders requested their connections from the City. Subsequently, Continuum Partners sold the residential portion of the land to the Forum Co. and the commercial portion of the land to the Regency Co., while entering into a partnership with Regency. However, Regency Centers instructed the City to withhold the tap credits and to collect water and sewer connection fees from the various builders, which the City did. Also, the credits apply to the entire parcel, which parcel has been divided now between the two owners, which includes the Regency Center, who has a partnership with the Continuum Partners, Inc. Both owners have rights to those credits. The City of Englewood has now received a request from Regency Centers to refund the full value of the water and sewer tap credits to the Regency Centers/Continuum and the Forum Co., to be divided in a prorated fashion according to the percentage of the acres that are O\\-ned. The City understands that this agreement between the above mentioned owners is in a written contract form. 1000 Engic w ood Park wa y Eng lewoo d, C olora do 80 11 0 Phon e 3 0 3-7 6 2-2300 W W\'\· .eng:ewoodgo v.o r g Lf --I It is the City's position that any money to be refunded shall be first refunded to the businesses or individuals who unnecessarily paid for the water and sewer connections thus far issued on this site. In orde r for the City of Englewood to honor the request from Regency/Continuum and Forum, The owners must submit a written agreement signed by each of them and each of the four business owners that have paid tap fees to the City, clearly stating that the payees are waiving their rights to a refund and are authorizing the City to refund the money they paid for water and sewer tap fees to the above owners of the Kent Place properties . If you have any questions or need assistance, please feel free to contact me . :!rt B e~~ ~ock Utilities Manager of Administration 303-762-2643 Fax 303 -783-6894 ibock(m e n2lewood12:ov.org Cc: Kevin Foltz, the Forum Co. Nancy Reid, City Attorney's office S t u Fonda, Director of Utilities , COE LJ -L November 5, 2013 City of Englewood 1000 Eng lewood Parkway Englewood, CO 80110 Attention: Mr. Joh n Bock 6430 Ee.st O:::;ha~c .:\~ad P 303 3 CC 53 CO Sul:e 5300 F 303 69: 69C5 ~}rser:;-.;ood ViEage , CO 8011 : Re;encyCe:i:ers.com Re : Water and Sewer Connection Credits -Kent Place Dear Mr. Bock, We are writing in response to your letter dated October 10, 2013 and to request the release of funds to Kent Place Associates, LLC ("KP An) and Kent Place Regency, LLC ("Regency") for the previously pa i d, either by KPA, Regency, or our assigns, water and sewer connect ion fees to the City of Englewood. Contrary to your letter, Regency was not aware of the water and sewer connection credits at the time applications and fees were submitted to t he City for the water and sewer connections on the Regency property. KPA and Regency as the property owners have discussed your letter, t he re lease of funds previously paid for the wa t er and sewer connections, and the rema ini ng available connection credits. KPA and Regency agree that fees previous ly pa id should be released to the real property owner's, KPA and Regency, of the property to which the purchased connections apply. We also believe it to be appropriate for the remaining water and sewer connection credits associated wlth the entire Denver Sem i nary Property remain with the parcels owned by KPA {5.849 acres) and Regency (5.56 acres) based on a p ro-rata land ca lculation which works out to be 51.27% and 48.73%, respectively. Please let us know the number of water and sewer connection cred its remaining w ith the KPA and Regency Pa reefs and when checks will be ava il able so we can stop by to pick them up. Respectfully, Kent Place Regency , LLC Er ic A. Chekal Sen ior Project Manager Kent Place Associates; LLC I ;\ Kevin Foltz ( Director of Developmen t Forum Development Group, LLC Its agent LJ -3 MEMORl\1\llUM TO: FROM: DATE: John Bock, U/Manager of Administration Stu Fonda, Director of Utilities Jim V eryser, Utilities Nancy Reid, Assistant City Attorney October 14, 2013 REGARDING: Letter RE: Water Tap Credits at Kent Place. The attached re sponse is legally acceptable. Attachment NNR/nf 1 4 -'--/ Jim Veryser From: Sent: To: Subject: Hello Eric , Jim Veryser Monday, Augus t 26, 2013 3:24 PM 'Chekal , Eric' RE: Kent Place old water rights I have not taken time yet to look for it . It has been quite busy, but I'll make time now to begin my search . Thanks for the memory jog! Jim Veryser 303-762-2646 From: Chekal, Eric [mailto:EricChekal@RegencyCenters.com] Sent: Monday, August 26, 2013 3:08 PM To: Jim Veryser Subject: RE: Kent Place old water rights Hi Jim Any luck finding time for this? Eric Eric Chekal Senior Project Manager 303 300 5335 8480 East Orchard Road, Suite 6900 Green wood Village, CO 80111 Experience 9reat retail at Rng ·-'.1 .~·~' ..... <"'.' •• •f r : I ,;_ The information contained in this email message is intended only for the personal and confidential use of the recipient(s) named above. This communication is for discussion purposes only and does not create any obligation to negotiate or enter into a binding agreement. You should be aware that discussions or negotiations may be occurring simultaneously with other parties regarding the property or space discussed herein, and that neither party shall be bound by any terms contained herein until a binding agreement has been mutually executed and delivered. If you have received this communjcation in error, please notify us immediately by email, and delete the original message. L/ -6 WATER AND SANITARY SEWER TAP FEE CREDITS FOR KENT PLACE DEVELOPMENT AT UNIVERSITY AND HAMPDEN Existing 6 inch water meter from 3401 S University Blvd-continuum partners Water credit as per utilities chart ............ $174,400 Sanitary sewer connection fee ................. $46,667 Sanitary sewer surcharge fee .................... $48,000 Total 6" credits ......................................... $269,067 Existing %"water credit on property of 3401 S University Blvd Water credit ............................................... $4,360 Sanitary sewer connection fee .................. $1,400 Sanitary sewer surcharge fee ...................... $1,200 Total%" credit .............................................. $6,960 Total water and sewer tap credits on 3401 s University Blvd ......... $276,027 City of Englewood Utilities Department Receipts for water and sewer tap fees for the Kent Place development Receipt# 337~5 amount-received on 10-28-11.. ................... $24,679 .2.1 Deductions for refund given as well as materials & permit.. .... $2,733 .10 Amount to be refunded ........................................................... $21,946.11 Check to be made payable to Kent Place , OBA Kent Place, one Independent Drive, Ste 114, Jacksonv i lle, Florida 37202 Receipt# 34080-amount received on 03-16-12 ..................... $38,003.63 Deductions for materials and permit.. ........................................ $811.63 Amount to be refunded ............................................................... $37,192.00 Check to be made payable to Kroger Company, Cincinnati, Ohio, c/o King Scoopers, 3495 S University Blvd . Englewood CO, 80110 City of Englewood Utilities Department Receipts for water and sewer tap fees for Kent place Development (continued) Re ce i pt# 34226 -amount rece i ved on 8-1 -12 ....................... $11 ,942.04 Ded u ction s for materia ls and perm it ......................................... $304.04 Amount to be refunded ........................................................... $11,638.00 Check to be made payable to Christofferson Commercial Bu i lders, Inc . 3235 Fi llmore Ridge Heights, Colorado Springs , CO 80907 Receipt# 34577-amount received on 06-11 -13 .................... $147,050 .00 Deductions for and permits .............................................................. 105.00 Amount to be refunded ............................................................ $146,945.00 Check to be made payable to Kent Place Associates , LLC , 210 University Blvd ., Ste 700, Den ver, co 80206 Total water and sewer tap fee credit on Kent Place Development @ University and Hampden $276,027 Total water and sewer tap fees to be refunded $217,772.11 Difference ; remaining credits on property .... $58,254.89 L/ -7 ·gi_ty of Englewood, Colorado ~ 'Rtceipt \ > ; L-. ? ;·:J l -' >~ !. .. ~ ... :~· / . ~A€count No . ·~:_.· _,,. {;~~c~Jved ot-\ . ·_l , · .• ;.. ''. ·i.-'. \. _., ... -· ·-.... · l .1· ,_,,,.· ~· ;; /_ . ./ ._; ,, \. __ -~·. ::> l.e.o< ~tc\Le__- 1 i Date 3 \Iv\\ 2., Amount \ {,I \ $ Dollars Nf 84080 Date ¢ 7 t:' . ? &.:? Amount __,, o 1 0 0 _.J • ---- -~~~---••-~·-~--~~-~-~-r.c ---··-~-~-----~·--•-$~-a-~-g-•-=~~~-~-~co~=~==~c-~~~=~~~-Q~~~=~-o~-~~~~ £! .,i: . .-.,. .. _, I'. I . t'' n ... ) / /---\ i I I __\ ! -I ' N~ 84081 Date _, ! .. "t i . I-- Amount 1 , 1 , I : -j :. .. ·,, \ l \.i . ! (,. l 1. 'J .~ ':· .J._,_,. (. ~ ' f i ,I '. '' .(_ '.;.. J . I,,:! , r· ---·---------------Doll~rs ' · .. -....... _. i .. -•' i . \ I . \. •,_ '· · .. (__ I .- r . Lj-8 111 I City of Englewood, Colorado Receipt i () 0 Ac co un t No. ?o ~ ·- Received of -~ ( ~. b /'£.1 ·(_ '-? / __ .. -.. r; f""'I (~~ N° a~578 -;.-• ~ . Date b ( • / 5 Amount a .ri / {j c / 1 /{,)._C I . Dollars £ e -(__I)()/') c~+-ru/(.. 2 c' /c) S ZvNr J 7 vJ.V/. r" e i.J c { r L-Vc.1< . .1~ J tj Jfe"""4 //~1\i\ 1 ': ,, .' . .{ ~~/-, 1 i I I i ' ' N\> 84579 Da te (;--· //-/3 Amount If. / 5 .7 _s:·· • J L~ L(_.. f 2. ~f:~~:--.. ,,,.. . .. :fff;3 :-.'4 JS ~ 1 /I r"-141'< C" /(,-:J & e-. ~/c I /... fJ co li>. _f/!i~"~) e:. J cc'.) i o 1 o / ~vw..f. /) ;(/,;.te #~r'tJ .f € v ;;,:11.. D rwo ,A~ 0 1/io0 Dollars •!") . ·.Receivedof \/jh{/-t · l I\ ~ ' I L'.. ! C.J . : t I l. , :: ( ..,.,-, .f [).)A 1 , ! ~./"-~· " ' ~ ,/1..- l ' /\ / I y ' I / \ I I ·. / \/ Date Amount . !. . i. i • \,__ .\ z L I 1 , · · ·---···---·· -·-··· ---· ----·----------------·· --· ·· · --· · ---· -·-----·--collars I } For _:·,~ti I . -! . :· i:..---C.-- / u J "):~ •.. , ~ ' / .( . (.~ ( ,. . ·, lc.'...-C-- By --; -------·-----------·-------------------------·---------------------------------------------=---- A_ccou nt No . r ·»-\ :.\ ,\.·-, 1.-J / /~'\ ·.-~· ' (j ; .' \·.... ·. / \ r ~>\ . ' I t ,"'~'!._ ~..-' \ i N9 34228 Date City of Englewood, Colorado ;'/l Receipt l.-~ o!. ·f ?>· L \.\. I l j ~-;~ --. - Amount i , - :··.Received of 1·1 .··--,,_.' . ., -.. r·.:... ,;"' . ~-·_._ - . c::.:.....· I .. i~o,'/c, \. + I. -8--=-'"--. -. --..::..:~~~-~·~,.,---'-'__.l!,:•'-'~-(~~~~~~==~-~~~~~~~~~~~~~~~~~~~~~~~~~~~- LJ -JO . )_ '--. -~.--_-'-. .J L .. ~ ---____ .,. ____ ----------... ----------·----·--·----_ ___.Dollars .;._ ... .. ;Qity pf Englewood, Colorado . ~eceipt -~:._)l.-\·\' -.. •' :1 . >~~,A. cc ou n t No. . ; ;,y_~ / .... { ':._ ·' 1: \. ... :,i i ,., \. · .. r I' -• ~ • } : I .· ... _ -.... . ! __ .. _. J~lt.Y of Englewood, Colorado I: :·ff:leceipt Ju J _ / ef f !2 · ]'-'/-77JS' .1 v L -/ f5 C /, U '. L ... -. .:.) • ! '· ; ! }' ! / l . ..-. -~-I . ~· I ' · ·/r (.r:_, j I I ' Amount ----------------·----Dollars N~ 88795 Da te f () "';2,8-// Acc ount No. ] II -y f-o:.·4 ~I 2 -J ]J +-". Amount g 'f_ C--7 y, tl Received of . 7 I For \ i . I . ,•\' ! I ' ·! '' ; l< . L .(_ i ' ' .. -\ : ... _,. 8 i\.._ J -~:.1 -, ! ( ! ~! N«l 33796 I r i ·-....., Amount , ti .5(_ Da te .. /,' _: -· -------------~-------.o..-O!~ars L/ -I/ ....t -N i I !: ! ' I L_ i I LU :::> z l. 'i :'1..__,_ ~ . .....,L ~ --~ ·:=::-:.~~--=-~ r_ c_: ;_,.-.~.-"'.':""!" .~ • · -7_--. -:---:-:-· ":,.:~--···:-:-___;_-:;-::::--=..--::...._, ____ '\~"i=!="."-:..=: ~ ! ____ _j ____ 39/fs s -&l'lJ);,0:.'~ cl ___ '.__ _ __ i_ 34-~~,ve~;ty J __ , Z t , ·---/;(,e,.,,-f f't/:JC<:! 4 f'~ ---, 1----. -... _ •.(/~"'~~l.EVEL1FF5413 --·---~" -- UJ ' ----'I RESIDEKTW. Joo v .v.rA 'JJ' . r·-------·--I ~ :.?o0""'((..t.Aiw3E.1FF5400 l _;..:·:~ 0 : I ~e\F:F~ , OARAGE2FF6390 A 2 IJ -0 ' ' ~ ; ----GAAAGE2FF5380 I ~C.G-. J f ;J?7 /'t"'" -,I-----j ~ : I RJ;J~ ... ..]fJ77 I ~ I . I I----- I ----1 -""' ..... l____ ' ' I 11 1-·' r·----'-" ' .... 1 i I _J__ I ; ~ I i L... ~J I ! I --• -: ! __ -,-=--~-=---=-=---Fi F--_..J __:_ =·.::-c': ~=:-= __ -1 .-~Lt UJ -----j L. _ _J _____ j ____ . ___ L ----f--.J. i----' ~ i . t i ' I ~-----: ------i --T --. i ! i ii I J-~ _, t"L : : --1 \;_ .I I I: I I I! ~~,, -11-' .! ( i I RESIOENTIAL l ' ' -• ------AUTOCOURT FF 5400 ! I t SOU TH GAYLORD COURT --..._, r -·-·---~ /---- ..S49S-s. utV1vt:t'Z..s1rf t?t..v?'. K,/!..oG ;:t'!,.-g,-,,;(, LOT 1 .,Jo o f't;/?S MARKET :t.30 018 SF F OOTPRINT :t.10 ,000 SF MEZZANINE FF 5-t07 l <!c?c '1'' :J ;-o s· 0 j=V .'I.,. :? if; 0 t.) 3 , (..? ''\. /.~-· J: ~=====r===----.. \. /. '-· ... -'7"-· I [ , .I:;:::;:-nj 1 ' i L--c -'----~i ---1-,-=-~=----= (=----] ~-- __ J. I I I~' ' ,f'~ /[__ ~0~13 I GARAGE 1 FF 5400 : I I GARAGE 2 FF 5390 ~ '1 &:/lf-r z. R~~:,~ A ;8 960 SF ? L_ FF 5'05 5 ,._ T,; t 75:'· ~c.:C, 5:} '7 'f'f 11r ~ =/ ~ Cg:) =c===r-----c==_) -- I TRACTC ~ ] f2-2C .:..-:::.. -~-=-=~ =-=--::. ---= .:..:...:... -~ -~-:-i- I '1 //, 7 ~ 2_ q:l: ~.::=:-=.:::.-=·---=- ~forun itiil real estate group KENT PLACE DA TE: 03.12.2012 JOB No. 212014 • SrurnoTERRA J790 :..-:-.e •oc;::: "'''' ~ l.. ~..:-:::~.• cc•_c; .. ~::i;:. "u11~ .SO:! •!.t 4 :J t 3 8 • .... 303 ~~4 I ~7'! ~=n KimdleAy-Ho~n community. pl•nning. •rchltectu•• an ssoc1ates. Inc. 0~~~~ Ill (-1• KEPHART --~ =-=--=--=---==---:-=---::- SITE PLAN --- ---• ----------==== occ'O'.oo=.-=--=--=-==·-=-=!l._-_~-~-==-=-~-.=-o .. = ... c. ~ ------;dUTH UNIVERSITY BOULEVARD / ., /1'> .. J1.J~!'i-i7o.-.J ;2cc. #-:lJ--22-£_ \ ;zf-, C79'·~\ COUNCIL COMMUNICATION Date Agenda Item April 5 , 2010 STAFF SOURCE Subject Allen Plant Alum Res iduals Removal and Disposal INITIATED BY Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved on July 19 , 2004 the bid for the Allen Water Filtration Plant Residuals Removal and Disposal Service to Waste Management in the amount of $163 ,260.00 for disposal of one year of production . Council approved on June 19, 2006 the bid for Allen Water Filtration Plant Residuals Remova l and Disposal Service to Waste Management , Inc. in the amount of $49,768 .00 for disposal of approximately 800 cubic yards of production . Council approved on February 19 , 2008 , the proposal for the Allen Water Filtration Plant residuals removal and disposal to All ied Waste in the amount of $108,775 for disposal of approximately 2,000 cubic yards of production. Council approved on April 5, 2010 , the proposal for the Allen Water filtration Plan residuals removal and disposal to E.T . Technologies , Inc . in the amount of $83,520 .00 for disposal of approximately 1,600 cubic yards of production . RECOMMENDED ACTION The Englewood Water and Sewer Board , at their March 9, 2010 meeting , recommended Counci l approval, by motion , of the proposal for the Allen Water Filtration Plant residuals removal and disposal to Secure On-Site Services USA (formerly Next Generation Solutions , LLC) in the amount of $174,635.06. for disposal of 750 cubic yards of production. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Alum residuals are produced by the settling process and filter backwashing. Res iduals bu ild up in the washwater reservoir and the settled solids are pumped out by the sludge-han dling barge. It then goes into the belt press, which dewaters the residuals. This process allows us to stockpile up to 2 ,000 cubic yards of residuals annually. Residuals are produced year-round , and it is imperative that the residuals be processed when the weather is amenable and stored until disposal. Storage space has since run out , and the Allen Filter Plant needs to dispose of these residuals in the quickest, most economical and legally compliant method. s -I The dewatering process concentrates a naturally occurring radioactive material (NORM), also known as technologically enhanced radioactive material (TERM) that falls under State Health Department requ ireme nts with EPA guidelines. For a comparison of relative radiation exposure -standing next to the residuals pile for 6 months produces 1 -2 mrem/year, watching TV produces 1 mrem /year and living in a brick or stone house produces 7 mrem /year (information provided by Joseph Cattafe of COM ). Residuals disposal has been an on-going challenge and debate with EPA for the past several years for Colorado Front Range utilities. The disposal site must be approved by the State Health Department as an allowed site for properly d isposing of residuals resulting from normal sludge removal operations at the Allen Water Filter Plant. FINANCIAL IMPACT Secu re On-Site Services USA (formerl y Next Generation Solution, LLC) is the recommended acceptable bidder at $174,635.06 for one year's production (750 yards). The Ut ilities Department budgeted $220 ,000.00 in account #40 -1603-55201 in the 2014 Budget for this project. Util ities staff revi ewed the bids and did a technical evaluation deeming Secure On-Site Serv ices USA the lowest, acceptable bid . LIST OF ATTACHMENTS Contract Bid Tabulation Sheet 5-2.. ,{ CONTRACT CITY OF ENGLEWOOD , COLORADO THIS CONTRACT and agreem e nt , made and entered into th is 10th day of January , 2 0 14 , by and between the C it y of Engle wood , a municipal corporation of the Sta t e of Co lorado he re inafter referred to as the "City ", and Secure On-S it e Services USA LLC whose address is 555 17 tn Street , Suite 900, Denver , CO 80202 , ("Contractor"), commencing on the 1 o th day of January , 2014, and con ti nuing for at least ten (10) days thereafter the City ad vertised that sealed proposa ls would be rece ived for furn ishing al l labor, too ls, supplies , equipment , materials and everyth i ng ne cessary and requ ired for the foll ow ing : PROJECT : Allen Water Filtration Plan t Residuals Removal & D isposal Service WHEREAS , proposa ls pursuant to said advertisement have been received by the Mayor and Ci t y Council and have been certified by the Di rector of Util iti es to the Mayor and City Council w it h a recommendation that a contract for work be awarded to the above named Con t ractor who w as the lowest reliable and responsible bidder therefore , and WHEREAS , pursuant to said recommendation , the Contract has been awarded to the above named Con tractor by the Mayor and C ity Council and said Contractor is now willing and ab le to perform all of said work in accordance with sa id advertisement and his proposal. NOW THEREFORE , in cons id e ra t ion of the compensation to be paid and the work to be performed under th is contract , the part ie s mu t ua lly agree as follows : A . Contract Documents: It is agreed by the parties hereto that the following lis t of instruments , drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of sa id instruments , draw ings , and documents t aken together as a whole const itute the Contract between the part ies he reto and they are as fully a part of th is agreement as if they were set out verbatim and in ful l: Inv itation to Bid Contract (this ins t rument ) Insurance B . Scope of Work: The Contractor agrees to and shall furnish al l labor, tools , supp lies , equipment , materials and everything necessary for and required to do , perform and complete all the wo rk described , drawn , set forth , shown and included in sa id Contract Documents . C. Terms of Performance : The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from be ing notified to commence work by the Director of Ut ilit ies and agrees to fully complete said work by August 1. 2014 , p lus such extens ion or extensions of t ime as may be granted by the Director of Utilities in accordance with the provisions of the Contract Documents and S pec ifications . s-3 D. Indemnification : The city cannot and by this Agreemen t/Contract does not agree to indemnify, hold harmless , exonerate or assume the defense of the Contractor or any other person or entity, for any purpose . The Contractor sha ll defend, indemnify and save harmless the City , its officers , agents and employees from any and all claims , demands , suits, actio ns or proceedings of any kind or nature includ ing Worker's Compensation claims, in any way resulting from or arising out of this Agreement/Contract: provided , however, that the Contractor need not indemnify or save ha rmless the City, its officers , agents and employees from damages resulting from the sole negligence of the City 's officers , agents and Employees . E. Termination of Award for Convenience : The City may terminate the award at any time by g iving written notice to the Contractor of such termination and specifying the effective date of such termination , at least thirty (30) days before the effective date of such term ination. In that event all finished or unfinished service , reports , material (s) prepared or furn ished by the Contractor after the award shall, at the option of the City , become its property. If the award is terminated by the City as provided herein , the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services /materials the successful firm agreed to perform under th is award , less payments of compensation previously made . If the award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause shall apply . F. Termination of Award for Cause : If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants , agreements or st ipulations of the award , the City shall have the right to term inate the award by g iving written notice to the Contractor of such termination and specifying the effective date of termination . In that event, all furnished or unfinished services , at the option of the City , become its property , and the Contractor shall be entitled to receive just, equitable compensat io n for any satisfactory work documents , prepared completed or materials as furnished . Notwithstanding the above , the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined . G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract , and the Contractor agrees to accept as his full and only compensation therefore , such sum or sums of money as may be proper in accordance with the pric e or prices set forth in the Contractor's proposal attached and made a part hereof, the tota l estimated cost thereof being one hundred seventy- four thousand s ix hundred thirty-five dollars and 6/100 ($17 4 .635.06). A 10% retainage of the awarded project amount w ill be withheld until final inspection and acceptance by the Project Manager. s-Lj H . Appropriation of Funds: At present , $174 ,635.06 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary , the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR "). The parties do not intend to violate the terms and requirements of TABOR by the execution of t his Agreement. It is understood and a greed that this Agreement does not create a multi-fiscal year d irect or ind irect debt or obligation within the meaning of TABOR and , notwithstand ing anything in this Agreement'Contract to the contrary , al l payment obligations of the C ity are expressly dependent and conditioned upon t he continuing availability of funds beyond the term of the City 's current fisca l period ending upon the next succeeding December 3 1 . F inancial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted, and otherwise made available in accordance with the rules , regulations , and resolutions of the City and applica ble law. Upon the failure to appropriate such funds , this Agreeme nt shall be deemed terminated . The C ity shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination . I. Assignment: Contractor shall not , at any time , assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the C ity specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment , no Assignment will release or discharge the Assignor from any duty or respons ibility under the Contract Documents. J C ontract B inding : It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto , their heirs, executors , administrators , assigns , and successors . VERIFICATION OF COMPLIANCE WITH C .R .S. 8-17 .5-101 ET .SEQ . REGARDING HIRING OF ILLEGAL ALIENS (a) Employees , Contracto rs a nd Subco nt ractors: Contracto r shall not knowingly employ or contract with an illegal alien to perform work under this Co ntract. Contractor sh a ll not contract with a subcontractor t hat fails to certify to the Con t racto r that the subcont ractor will not knowingl y employ or contract with an illegal alien to perform work under t his Contract. [CR S 8- 17 .5-102(2)(a)(I) & (II).] (b) Verification : Contractor will participate in either the E -Verify program or the Department program , as defined in C .R.S. 8-17 .5-101 (3 .3) and 8-17.5-101 (3.7) respectively , in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work unde r this public contract. Contractor is pro hib ited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job appl icants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Contractor obtains actual know ledge t ha t a subcontractor performing work under this Contract knowingly employs or contracts w ith an illegal alien , the Contractor shall : (1) notify the subcontractor and the C ity within three days that the Contra ctor has actua l knowledge that the subcontractor is employing or contracting with an illegal alien ; and (2) terminate the sub-contract with the subcontractor if, within three days of rece iving notice required pursuant to this paragraph t he subcontractor does not stop employing or contracting with the illegal al ien; except that the Contractor shall not terminate the contract with the subcontractor if du ring such three days the subcont ractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal al ien. (d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Co lorado Departm ent of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C .R.S . 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract , in whole or in part , due to Contractor's breach of any sect ion of this paragraph or provisions required pursuant to C.R.S . 8-17 .5-102 . Contractor shall be liable for actual and consequen t ial damages to the Ci ty in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph . IN WI TNESS WHEREOF , the parties hereto have executed this Contract the day and year f irst written above. CITY OF ENGLEWOOD City Clerk : ' Sr:cuR.£ l'tl -5 ,r G' Sff.V: <ES~ Lk A ii C Contractor (print company name ) By: 21 ~£4?i ea ,dJ4 ffij_ _, (S ignature) 1 C'zl-f t.J N CuR.ns RHf4-, 10Gi of GiVv'. Si,:( s · (Print name and Title) Date: i /IC / / '-/ I I Mi •. On this /,OH.__ day of 1 , 2ol!J_, before me persona ll y appeared_ ~~ ,k ntometo ethe ~ of Wdl1& Ok-Jlk '-/JM!/ICJA [)Sf\: U c_ , the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned , and on oath stated that he was authorized to execute said instrument IN WIT N ESS WHE R EOF , I have hereunto set my hand and affixed my official seal the day and year f irst above written. My commission expires : / {-6 Z · ZD/ {p KERRY BUSH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19964018041 MY COMM ISS ION EXP IR ES NOVEMBER 8, 2016 s-7 City of Englewood Bid Tabulation Sheet Bid Opening Date: November 21, 2013 2:00 P.M. MST I-Apparent Low Bidder I ITEM BID: IFB-13-020 Allen Water Filter Plant Residuals Removal & Disposal Service Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Vendor 750 CY 720 CY 2,000 CY 2,000 CY 4 ,000 CY 4,000 CY Exceptions: Parker AG Services , LLG 53036 Highway 71 Limon , GO 80828 7 49-77 5-9070 Robert Harlow, Jr. -General Manager $ 400.00 $ 300,000.00 $ 395.00 $ 790 ,000.00 $ 390.00 $ 1,560,000.00 Next Generation Solutions, LLG 10290 S Progress Way, Ste 205 Parker, CO 80134 303-353-1979 \\J Kurt Rhea -CEO $ 232.85 $ 17 4,635.06 $ 225.95 $ 451,894.20 $ 223.67 $ 894,698.40 \./) Cathy Burrage From : John Bock Sent: To: Tuesday, February 04, 2014 1 :45 PM Cathy Burrage Subject: FW : City of Englewood , Colorado Comment Form From: Webmaster Sent: Monday, February 03, 2014 8:34 AM To: Stu Fonda; John Bock Subject: FW: City of Englewood, Colorado Comment Form Gen t lemen -this nice note came in v ia t he we bsite. Ple ase share w ith your folks. Leigh Ann Leigh Ann Hoffhines Eng!ewood City Manager's Office From: info @enqlewoodqov.org [mailto:info @enqlewoodqov.org] Sent: Friday, January 31, 2014 5:57 PM To: Webmaster Subject: City of Englewood, Colorado Comment Form Haye a question or comment? \Ve'd like to hear from you. Please submit your inquiry or comment on the form below. I.I'd lik e to comment or inquire about: [ ] Animal Control [ ] Building Permits [ ] City Council [ ] Code Enforcement [ ] Library [ ] Parking [ ] Traffic [ ] Website [ ] Zoning [x] Other If other, please specify: Utilities -Water Your Name: Katherine Barrows Email Address:kcompiseno77 @vahoo .c o m Question or Comment: My husband thinks that he read that the filters were recently changed for the potable water service. I just G. -1 wanted to say that the quality is noticeably better from when we m oved here 8 months ago so if something was done , it's working well! Thank you! l -2 TO: FROM: DATE : RE: MEMORANDUM Stewart Fonda, Director of Utilities David Chapman, Water Production Administrator February 6 , 2014 Events of January 11 , 2014 concerning after hours/main phone line response at the Allen Water Filter Plant Approximately 1 :30 p .m. on Saturday, January 11, 2014 Jason Clark received a call from Stu Fonda stating there was a sewer backup and dispatch could not contact anyone at the Allen Water Treatment Plant. The main plant number is 303-762-2650 (ext. 1650 for dispatch). Jason then called Bryan Cheek and Dave Chapman to go to the plant and see why the plant operator was not answering the phone from the dispatch operator. Dave was debriefed on the sewer backup problem by Jason and it was noted that the fire department was on site. Bryan and Dave arrived at the plant within minutes and found the operator safe and doing lab tests. He was unaware of any phone issues, saying he hadn't received any calls for a few hours . Dave called the on-call person for Distribution . He was given the address and infonnation for a sewer backup problem . The on-call person was given a different emergency phone number at the plant and Dave's cell phone number until the main ext. 2650 phone number was working agam. Dave called dispatch to tell them the 2650 plant number was not working and asked if they could get a hold of the on-call person from the IT Department. The alternate emergency number was also given to the dispatch operator in case other emergency calls came in. Dave then called Battalion Chief Ortiz to give him the emergency number because he had a crew on s ite . Russ Vaughn from IT arrived at the plant shortly after being contacted by dispatch to begin working on the problem with the main phones. Russ discovered another extension that was working and called dispatch to give them the separate direct line emergency number again and the other phone number extension line that was still working. Russ was able to get the phone line working shortly after arriving . At least for the last 25 years the protocol was, if dispatch operators called the Allen Plant for whatever reason and there was no response from anyone at the plant, they are to send an officer to the plant to do a safety check on the operator on duty. On January 11 no officer was dispatched to the Allen Filter Plant. The Utilities Fanout emergency procedure plan was followed correctly by calling Stu Fonda in case of an emergency, which was done by the dispatchers . Dispatch has been provided with the alternate plain old telephone system (POTS) line multiple times by Dave Chapman and myself. The POTS line , 303-789-9260 , provides full redundancy and is completely independent of the City 's phone circuits . The number was provided after completion of the new phone system in 2010. Most recently the number was provided in November 2013 , December of 2013 , and yet again twice in January of 2014 to the dispatcher on duty . An additional phone city owned number was also provided to the dispatcher on duty , 303-783-6980 , in January 2014. In the past the no contact procedure has been to send an officer to the plant to check on the operator if they do not answer the phone or if the line is dead . That occurred on December 21 51 when dispatch sent out two officers to check on the operator on duty, Michael Sax . Russ Vaughn