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Home My WebLink About2016-05-10 WSB AGENDA~EffQlewood 1000 Englewood Pkwy Community Development Conference Room Englewood , CO 80110 1. Call to Order 2. Roll Call 3. Approval of Minutes a. Minutes of the April 12 , 2016 Meeting 4. Publi c Forum Barbara, Daniel an d James Fout -4185 S. Huron St. Re: M r. Prado 5. New Business a. Allen Plant A lum Residuals Removal and Disposal AGEND A Water and Sewer Board Meeting Tuesday , May 1 O, 2016 •5:00 p.m. b. South Platte River Run Park -Bik e T rail at Union Ave . 6. Old Bus iness a . Lead Samples -Map 7. Staff's Choice 8. Adjournment Please note: If you have a disability a nd need auxiliary aids or services , please notify the City of Englewoa,d at 303-762-2370 at least 48 ho~rs i,n advance of when the services are needed.:. 1 hankvou : ~ ENGLEWOOD WATER & SEWER BOARD Regular Meeting April 12 , 2016 1. CALL TO ORDER The Regular Meeting of the Eng lew o od Water and Sewer Board was called to order at 5 :00 p.m . on Tuesday , April 12 , 2016 at 1000 Englewood Parkway, Englewood , CO 8011 Oby Chair Clyde Wigg ins. 2. ROLL CALL Members present: Burns , Lay, Gillit , Jefferson, Yates , Wigg ins, Oakley, Roth Members absent: Habe ni cht , Moore Also present: Tom Brennan , Director of Ut ilities 3. MINUTES The Board received a copy the Minutes of the February 9 , 2016 Water and Sewer Board meeting and the phone vote of Feb ruary 23 , 2016 approving the Minutes. 4. PUBLIC FORUM CITY DITCH FENCING REQUEST-780 W. OXFORD AVE. -MR. PRADO Mr. Prado , the owner of 780 W. Oxfo rd Ave., appeared before the Board to explain his concern with trespassers and dogs in his yard that bo rders the City Ditch right -of-way. Mr. P rado reques t ed t hat th e C ity f ence th e ea st side of h is p roperty along the di t ch . Tom Brennan expla ined the ex ist ing policy whereas the City Does not pay for fencing for properties adjacent to City Ditc h right-of-ways. The except ion is street cross ings within the City limits. When the City Di t ch crosses through a property, property owners are allowed to utilize the right-of-way for lawn , gardens and park ing . The City does not allow structures or t rees within the right-of-way. Where there are adjacent property owners , all must agree to the use. The board discussed ways to d iscourage dogs and trespassers. Councilperson Gillit recommended allowing Mr . Prado t o install his own fence . Mr. Brennan discussed 3-l constructing a berm to discourage tre spassers. The Board recommended that "No Trespassing and No Dogs " signs be posted on the east side of Mr . Prado's property along the City Ditc h. Mot ion Moved: The Board not ed they do not wish to set a precedent for fencing along the Ci ty D itc h right-of-way , but agreed to post "No Trespassing and No Dogs " s igns along M r. Prado 's east property boundary along the City D it ch right- of-way . Gillit Seconded: Yates Ayes : All Motion carried . 5. NEW BUSINESS LEAD CONTAMINATION The State requires the City of Englewood to test 30 sites in the water system every 3 years . Professional licensed operators at the Allen Water Treatment Plant collect daily water samples from combined raw water sources, including the plant and the distribution system . The Allen Water Treatmen t Plant has never violated the lead standard. The Board received copies of the results of the last two testing cycles . Byproducts from certain chemicals used for treating water can react making the water acidic or basic. Acidic water will react with the pipes and plumbing hardware , causing corrosion which can release lead into t he water. Basic water wi l l deposit a scale that coats the pipes the pipes and plumbing , sealing water from the lead . Englewood water plant operators adjust the pH so that the water is build i ng a scale and not corroding pipes and plumbing. This is an informational item only . Councilperson Gillit requested a site map of w here lead is tested and levels detected . 6. OLD BUSINESS ENGLEWOOD WATER AND SEWER BOARD MISSION STATEMENT The revised Water and Sewer Board Mission Statement was submitted for Board approval : "The City of Englewood Water and Sewer Board supports the Utilities Department's commitment to aggressively protect our existing water rights to provide the citize ns of Englewood wi t h an adequate supp ly of high quality water and a reliable distribution and collection systems at the lowest possible costs. The Board is responsible for providing guidance, approving administrative policies and addressing citizen's concerns and issue;:s. The nine member board is made up of six volunteer Englewood citizens and three City Council appointees . Board members may serve three six-year terms." Motion: To approve the proposed Water and Sewer Board Mission Statement Moved: Oakley Seconded: Lay Ayes : All Motion carried. 7. STAFF'S CHOICE Councilperson Gillit inquired about radioactivity in sludge. Tom discussed independent risk assessments that have been conducted, along with the State testing using a Geiger counter. Sludge was found within acceptable and legal limits. Gillit inquired about the rain barrel issue. It was noted that an article will appear in the next issue of The Pipeline . 8. ADJOURNMENT The meeting adjourned at 5:50 p.m . The next Water and Sewer Board meeting will be Tuesday, May 10, 2016 at 5:00 p.m. in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary 4/28/2016 Kathy Regarding : Mr. Prada 1000 Englewood PRKY. Englewood, Co 80110 Mr. Prad a continues to contact city officials regarding many iss ues in 30 year period Recently he requested a sign installed at t he end of his property where there's no fence in pla ce to keep out people I pets that are open to h is yard. My neighbors are \Neary of his consta nt manipulation of tax dollars and misuse of community resources We have contacted code enforcement, po li ce department, city council and utilities We have lived here since 1983 what we can do to resolve this constant aggravation. WHAT ARE YOU GOING TO DO? Daniel, Barbara, James Fout 4185 SO. Huron ST Englewood, CO 80110 ---------y--:-,------ Date June 6 , 2016 INITIATED BY COUNCIL COMMUNICATION Agenda Item STAFF SOURCE Subject Allen Plant Alum Residuals Removal and Disposal Utilities Department Staff Tom Brennan , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved on February 19, 2008 , the proposal for the Allen Water Filtration Plant residuals removal and disposal to Allied Waste in the amount of $108 ,000.00 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 $97,750.00 for disposal of approximately 1,600 cubic yards of production. Council approved on February 11, 2014 and September 30, 2014 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 $412,275.00 for d is posal of 1750 cubic yards of production. RECOMMENDED ACTION The Utilities staff recommended approval , by motion, of the proposal for the Allen Water Filtration Plant Residuals removal and disposal to Secure On-Site Services USA, LLC in the amount of $230,550.00. The Englewood Water and Sewer Board , at their May 10, 2016 meeting, recommended Council approval. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood owns the Allen Water Treatment Plant. While the drinking water produced at the plant meets all drinking water standards, these are low levels of naturally occurring radionuclides in the source water that are removed through treatment and ultimately resides in the residuals generated at the plant. As such, the residuals generated at the plant are considered technologically-enhanced naturally occurring radioactive materials and have additional disposal consideration by Colorado Department of Public Health and Environment Regulatory requirements. 5 ,..., FINANCIAL IMPACT The bid opening was held on Apr il 26 , 2016. Five bids were received : Critical Path Ltd. Clean Harbors Envi ronmental Services , Inc . Veris environmental , LLC Norm Services Secure On-Site Services USA , LLC $313,750.00 8311 ,875 .00 $258,462 .00 $233 , 125.00 $230 ,550.00 Secure On-Site Services USA is recommended as the lowest, acceptable bidder at 8230 ,550 .00 for two years production (1 ,500 yards). The Utilities Department budgeted $250 ,000.00 in account #40- 1603-55201 in the 2016 Budget for this project. LIST OF ATIACHMENTS Bid Tabulation Sheet tr\ \ w City of Englewood Bid Tabula tion Sheet Bid Opening Date: April 26, 2016 2:00 PM MDT I Apparent Low Bidder I ITEM BID: ITB-16-005 Allen Water Filtration Plant Residuals Removal , Hauling & Disposal Services Receipt of Bid Bond Addendum 1000 CY 1000 CY 1250 CY Unit 1250 CY 1500 CY Unit 1500 CY Vendor Y/N SOQ Y/N 1 Y/N Unit Cost Total Bid Cost Total Bid Cost Total Biel Exceptions/Comments -- Norm Services, LLC Residuals will be 6535 S Riveira Way disposed at the Waste Aurora , CO 80016 M:magement F11cility Robert Krumberger, President as npprovecl by 720-476-4178 y y y $186.50 $186,500.00 $ 186.5 0 $233,125.00 $ 186.50 $279,750.00 CDPHE Veris Envrionmental, LLC Sludge must pass 53036 Hwy 71 paint filler AND Clean Limon , CO 80920 Harbors must accept Kipp Parker, Manager mnterial 719-775-9870 y y y $ 206.77 $206,770.00 $ 206.77 $258,462.50 $ 206.77 S310, 155.00 Critical Path Ltd. 857 S Van Gordon Ct Ste C103 Lakewood, CO 80228 Bryan Dannenberger, President 303-437-6825 N y N $ 252 .00 $252,000.00 $ 251 .00 $313,750.00 $ 250.00 $ 375,000.00 N/A Clean Harbors Environmental Services, Inc Please refer to the 42 Longwater Dr. PO BOX 9149 attached redlined ITB Norwell , MA 02061-9149 document for requested Phillip Retallick, Sr VP Regul a tory Affairs ch:rnges to the ITB 781-792-5000 y y y $ 249.50 $249,500 .00 $ 249.50 $311,075.00 $ 244 .5 2 $366,780.00 m1d Sample Contract Secure On-Site Services USA, LLC 12760 Stroh Ranch Way, Ste 205 Parker, CO 80134 Kurt Rhea , General Manager - 303-353-1979 y y y $ 184.99 $184,990.00 $ 184.44 $230,550.00 $ 183.99 $275,985.00 None (SAMPLE) CONTRACT FOR SERVICES AGREEMENT NUMBER CFS/16-16 THIS CONTRACT made and entered into on 2016 by and between Secure On-Site Services USA, LLC -12760 Stroh Ranch Way, Suite 205, Parker CO 80134 here inafter called the CONTRACTOR and the CITY OF ENGLEWOOD , hereinafter called the CITY . WITNESSETH ; The parties do hereby contract and agree as follows : 1. The CONTRACTOR shall furnish the CITY the following services : Allen Water Filtration Plant Residuals Removal, Hauling & Disposal Services At the location of: 1500 W Layton Ave . Englewood , CO 80110 (if applicable) for a total contract price of: Two Hundred Thirty Thousand Five Hundred and Fifty Dollar ($230,550). 2 . The term of this contract shall begin on on or before June 1, 2016 . ______ , 2016 with work to be comple ted 3. The Contractor shall not commence work under this Contract until the insurance required under Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of such insurance has been submitted to the City. 4. The services shall be supervised by; or the project shall be inspected by the Project Manager for the City, or his or her authorized representative . 5. 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 the entire and only compensation therefore, such sum or sums of money as may be proper in accordance with the total estimated price or prices set forth in the Contractor's proposal attached hereto and made a part hereof. Payment shall be made in a lump sum upon final completion of the project unless other terms are agreed to by the City in the Statement of Work . A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. 6. This Contract includes the General Terms and Conditions as printed and set forth in the following pages , and the Contractor, by executing this Contract , agrees to comply with all such General Terms and Conditions . 7. The Contractor shall guarantee all labor and material used in the performance of this Contract for a period of one year from the final written approval by the City or as per t he Request for Qualification and Specifications . 8. IN WITNESS WHEREOF, the part ies hereunto have subscribed to this Contract, including all Contract Documents as listed below: 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org 5 -Lf 1 ___ Proposa l/Sco pe of Work Statement Purc hase O rder No . --- CITY OF ENGLEWOO D Insurance Forms --- ---Immigration docume nts (if applicable) By: _______________ Date : _______ _ (Department Dire ctor) By : ______________ Date : _______ _ (C ity Manager) By : _______________ Date: _______ _ (Mayor) ATTEST: __________ ~ City Clerk Contractor (print company name) By 4~) (!. ~ Date : l(-z,q -I? (Print name and Title) STATE OF ())\Cl@d0 ) COUNTY OF ~C\S l ss . On this ~<\v day of ~y} \ , 20 l ~before me personally appeared Q'.5iu nn (. 'a..NC; , known to me to be the f14N11l tvllln%U' ---of SatX'G C)'\-S\\-e.., Sfxvk:9S u~ I UL 'the corporation that executed the within and foregoing instrument , and acknowledged the said instrument to be the free and volun tary act and deed of said corporation for the uses and purposes therein mentioned , and on oath stated that he was authorized to execute sa id instrument. 1000 Eng lewo od Pa rkwa y, Englewood , Colorado 80110 -2373 (303) 762-2412 www.englewoodgov.org 5-5 2 IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal t he day and year fi rst above wr itte n . My comm iss ion exp i res : S/i..2--/i'?. ~~IM-~cJ NOTARY NOTE: Federal Regulations (Code Sections 6041and6209} require non-corporate recipients of $600.00 or more to furnish their taxpayer identification number to the payer. The regulations also provide that a penalty may be imposed for failure to furnish the taxpayer identification number. In order to comply with these regulations , the City requires your federal tax identification number or Social Security Number, whichever is applicable. ELISABETH M WOOD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2014402080 4 MY COMMISSION EXPIRcS 05122120 18 1000 Eng lewood Pa rkway , Eng lewood , Colorado 80110-23 73 (303 ) 762 -2412 www.englewoodgov.org 3 GENERAL TERMS AND CONDITIONS 1. PROPOSAL ACCEPTANCE . Proposals are subject to a ccep tance by the sig ning of a contract and issuance of a n appropriate purchase order at any time within sixty (60) days after the receipt of quotes unless otherwise stipulated . Th e City reserves the right to accept or reject any and all qu otes and reserves the right to wa ive any informality in any quote . 2. SITE EXAMINATION . If applicab le, Contractor must examine th e site and certify all measurements , specifications and cond iti ons affect ing t he work to be performed a t th e site . By submi tti ng their quote, the Contractor w arr ants that he or sh e {hereinafter he or his) made su ch site exam in at io n as they deem necess ary regard in g the condit ion of the site ; its access ibility for materials , workmen and ut ilities and the Contractor's ability to protect existing surface and subsurface improvements . No cla im for allowance of time or money will be allo wed as to such ma tters or for any other undiscovered conditions on th e sit e. 3. EQUIPMENT AND LABOR . The Contractor sha ll furnish all tools , equipment , apparatus , facil ities, transportation , labor, and material necessary to furnish the services herein described . The services shall be performed at such times and places as directed by the authorized City representative as indicated in the work specifications or statement of work attached hereto . 4 . SUBCONTRACTORS . Contra ctor agrees to bind every subcontractor to the terms of this contract as far as such terms are applicable to subcontractor's work . If Contractor shall subcontract any part of this contract , Contractor shall be fully responsible to the City for acts and omissions of his subcontractor and of persons either directly or indirectly employed by himself. Nothing conta ined in the contract documents shall create any contractual relations between any subcontractor and the City . 5. OEFAUL T BY CONTRACTOR. Wh en Contractor , or any subcontractor, or vendor shall fai l to deliver any article or service or shall deliver any article or service which does not conform to the work specifications or the Statement of Work , the City may, upon five (5) business days ' prior written notice describing the default , at its option , annul and set as ide the contract entered into with sa id Contractor, subcontractor or vendor either in whole or in part, and enter into a new contract in such a manner which would be to the best advantage of the City . The City reserves the right to cancel any articles or serv ic es which the Contractor may be unable to furnish because of econom ic cond iti ons , governmental regulations or other similar causes beyond the control of th e Contractor provided satisfa ctory proof is furn ished t o th e City , if requeste d. 6 . CONTRACT CHANGES . No changes or alterations to this contract shall be made "'~th ou! specific prior written approval by both part ies . 7. WORKERS . Contractor shall at all times enforce strict disc ip li ne and good order among his employees and sha ll not employ on work any unfit person or anyone not skill ed in work ass igned to him or her. Any person in the employ of the Contractor who the City may deem incompetent or unfit shall be dismissed from the job site and shall not again be employed at the site without written consent from the City . 8. SUBSTITUTIONS . No s ubstitutions of ma terials or persons from those specified in the Statement of Work sha ll be made without the prior written approval of the City . g _ CONTRACTOR SUPERVISION . Contractor shall provide competent supervision of personnel employed on the j ob site , use of equipment, and quality of workmanship . 10 . CLEAN UP . Debris sha ll be removed from the premises . The job site shall be kept in good order at all times when work is not actually be in g performed and shall be ma intained in a safe and clean cond ition . 11 . ACCESS TO WORK . City representa ti ves shall at all times have access to work wherever it is in preparat ion or progre ss . Contractor shall prov ide safe and proper fa cilities for su ch access . 12 . PROTECTION OF WORK ANO PROPERTY . The Contractor shall erect and properly mainta in at all times , as required by cond itions and progress of work , all necessary safeguards , signs , barriers, lights , and watchmen for protect io n of workmen and the public , and shall post danger signs warning aga inst hazards created by such fea tures in the course of the construction . 13 . OCCUPANCY. The City reserves the right to occupy buildings at any time before formal contract completion and such occupancy shall not constitute final acceptance or approval of any part of the work covered by th is contract , nor shall such occupancy extend the date spe cified for substantial completion of the work . 14 . ASSIGNMENT OF CONTRACT ANO PURCHASE ORDER. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights , burdens, duties , or obligations under this contract without the prior written consent of the City. 15 . FORCE MAJEURE CLAUSE . The parties to the Contract shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining , del ivering , or performing by an act of God , fire , strike , loss , shortage of transportation facilit ies , lock-out , or the commandeering of materials, products , plants or facilities by the government ; when satisfactory evidence thereof is presented to th e other party(ies), provided that it is satisfactorily establ ished that the non-performance is not due to the fault or neglect of the party not performing . 16 . HOLD HARMLESS CONTRACT . The Contract or shall sa ve, defend , hold harmless and indemnify the City from and aga inst any and all losses , damages , liab ili ties , cla ims , and costs of whatsoever kind and nature for injury to or death of any person and fo r loss or damage to any property occurring in connection with or in any way inciden t to or aris ing out of the occupancy , use , service , operations , or performance of work on property under the terms of thi s contract by any employee , agent , or representat ive of Contractor and /or its subcontractors un le ss such loss wa s a result of the negligent acts or omiss ions of the City . 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2412 www .eng lewoodgov.org 4 17. PAYMENT. Unless otherwise specified , the Contractor shall render invoices for materials delivered or services performed unde r the Contra ct or Purchase Order. The City shall make payment for materia ls , suppl ies or other serv ices furn ished und er th is Contra ct in lump sum on comp le tio n of the work wi th in th irty (30 ) days after deli very to and approva l by the authorized City repr esentat ive of all invoices and other doc umentary ev idence rea sonab ly req ui red by t he City incl uding the satisfactory re le as e of all liens or cla ims for liens by subcontra ctors , laborers , and ma terial supp li ers for work or materials prov ided und er th is Contract or Purchase Order (which appro val shall not be unreasonably wi thheld). 18 . PERMITS AND LICENSES . The Contractor and all of his employees , agents , and subcontractors shall secure and maintain in force , at Contractor's sole cost and expense , such licenses and permits as are required by law, including any licenses or permits required by the City in connection with the furnish ing of materials , supplies , or services here in listed . 19 . CONTRACTOR NOT AN OFFICER , EMPLOYEE , OR AGENT OF THE CITY . While engaged in or carrying out other terms and conditions of the Contract or Purchase Order , th e Contractor is an independent Contra ctor, and not an officer , employee , ag ent , partner, or joint venture of the City . 20 . CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE . The Contractor sha ll not commence work under th is con tract unt il he has obtained the insurance required under th is paragraph and satisfactory proof of such insurance has be en submi tted to City . Except for work er's compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City's prior written cons ent. The City shall be named as an additional insured and be furnish ed th irty (30) days written notice prior to cancellation . The Contractor shall not allow any subcontractor , employee or ag ent to commence work on th is contra ct or any subcontract until th is insurance has been obtained . a) WORKER'S COMPENSATION INSURANCE. The Contractor shall procure and shall maintain during the life of this contract , Worker's Compen sation Insurance on all of his employees to be engaged in work on the project under thilH . contra ct and in cas e of any such work subcontracted , the Contractor shall require the subcontractor provide Worker's Compensa ti on Insurance for all of the subcontractors employees to be engaged in such work unless such employees are cov ered by the Contractor's Worker's Compensation Insurance . 28 . b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE . The Contractor and any subcontractor sha ll procure and shall mainta in during the life of this contract , Contractor's Public Liability Insurance in an amount not less than S1 ,000 ,000 for injuries , including accidental death to any one person , and subject to the same limit for each person , in an amount not less t han S 1,000,000 on account of one acc ident, and shall also mainta in Contractor's Property Damage Insurance in an amount not less than $1,000 ,000 . 21 . WARRANTY/QUALITY . The Contractor , manufacturer , or their assigned agents shall guarantee the workmanship, product or service performed against defects or failures of materials for a minimum period of one (1) year from delivery or the fina l complet ion date for the work . All workmansh ip and merchandise must be warranted to be in comp liance with appl icab le Co lorado energy , conservat ion , and environmental standards ; unless a longer minimum per iod is requ ired in the statement of work . Contractor shall furn ish all manufactures ' and supp li er' wr itt en guarantees and warra ntee s co veri ng ma teria ls and equipment furn ished pu rsua nt to th is Contra ct or Purc hase Order . 22 . ASSIGNMENT OF CLAIMS . In subm itt ing a quote on this project , the Contractor or any subcont ractor ag reeing to supply goods , services, or materia ls, and entering into th is contract , t he Contractor and/or subcontra ctor do offer and agree to ass ign to the City all rights , title , and interest in and to all causes of action it may ha ve pursuant this contract or subcontract. This assignment shall be made and become effective at the time the City tenders fina l payment to the Contractor without further acknowledgment by the part ies . 23 . COMPLIANCE WITH LAWS . Contractor shall give all notices and comply with all la ws , ord inances , rules and regulations bearing on conduct or work as ind icated or specified in the Statement of Work . If Contractor ob serves that any of the work required by this contract is at v ariance with any such laws, ordinances, rules or regula tions, Contractor shall no tify the City, in writing , and , at the sole option of the City , any necessa ry changes to the scope of work sh all be made and th is cont ract shall be appropriately amended , in writing , or th is contract shall be terminated effective upon Contractor's receipt of a written terminat ion notice from the City . If Contra ctor performs any work knowing it to be in violation of such laws , ord inances , rules or regulatio ns and without fi rst notifying the City of such violation, Contractor shall bear all costs arising therefrom . 24 . TIME IS OF THE ESSENCE . Time is of the essence in t he performance of and compliance with each of the provisions and conditions of this contra ct. 25 . GOVERNING LAW . This contract sh all be governed by and construed in accordance with the la ws of the State of Colorado . Venue will be pr oper in Arapahoe County , co. 26 . NO ORAL MODIFICATION . Any waiver, amendment , modificatio n , consent or acquiescence with respect to this contract or any provi si on of this contract or with respect to any fa ilure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of th e party to be bound the reby . 27 . TABOR. The parties understand and acknowledge th at each party is subject to Article X, § 20 of the Col orado Constitution ("TABOR"). Any provision of this contract or its attachments which imposes upon the City , directly or indirectly , any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obl igation being appropriated , budgeted and otherwise made ava il able . 28 . COLORADO LABOR LAW. If this project is for a publ ic works project or public project, as defined in Se ction 8-49- 102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S . which requ ires the contractor to use at least eighty percent (80%) Colorado labor for any public works project financed in a whole 1000 Englewood Pa rkway , Eng lewo od , Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org 5 -. . -~ "". --, . -;; .--i----·-- s-B or in part by State , count ies , school districts . or municipal monies . 29 . PROVISIONS REQUIRED BY LAW DEEMED INSERTED . Ea ch and every pro vision of law and clause required by la w t o be inserted in this contract sha ll be deemed to be inserted herein and this contract shall be read and enforced as t hough it were included t here in . 30 . VERIFICATION OF COMPLIANCE WITH C .R.S . 8-17 .5-101 ET.SEQ . REGARDING HIRING OF ILLEGAL ALIENS (a) Employees , Contractors and Subcontractors: Contractor sh all not knowingly emp loy or contract with an illega l alien to perfo rm work unde r this contra ct . Contra ctor shall not contra ct with a subcontractor tha t fails to certify to the Contra ctor tha t th e subcontractor will not kn owingly employ or contra ct with an illegal alie n to perform work under this Contra ct. [CRS 8-17 .5-102(2)(a)(I) & (11).] (b) Verification: Contractor will part icipate in either the E-Verify prog ram or t he Departme nt 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 emp loyees who are newly hired for employment to perform work und er th is publ ic contract for s ervices . Contractor is proh ibited from us ing the E-Verify program or the Department prog ram procedu re s to und ertak e pre -emp loym ent screening of job applicants whi le th is contract is being perform ed . (c) Duty to Terminate a Subcontract: If Contractor obta ins actu al knowledge that a subcontractor performing work under this contract knowingl y employs or contracts with an illegal alien , the Contractor shall ; (1) notify t he subcontractor and the City within three days that t he Con tractor ha s actual knowledge that th e subcontractor is employing or contra cting with an illegal alien ; and (2) term inate the subcontract with the subcontractor if, within three days of receiv ing notice req uired pursuant to this pa ragraph the subcontractor does not stop employ ing or co ntracting with the illegal alien; except tha t the Contra ctor sha ll not terminate the contra ct with the subc on tra ctor if during such three days the sub contractor pro vides informat ion to establish tha t the subcontractor had not knowingly employed or contra cted with th e ill egal alie n . d) Duty to Comply with State Investigation: Contractor shall comply with any rea sonable request of the Col orado Department of Labor and Emp loyment made in the course of an in vestigation by that th e Department is undertaking pursuant to C .R.S . 8-17 .5-102 (5). (e) Damages for Breach of Contract: Th e City may terminate this contract for a breach of cont ract, in whole or in part , due to Contractor's breach of any section of this paragraph or provisions required pursuant to C .R.S . 8-17.5- 102 . Contractor sha ll be liab le for actual and cons equ ent ia l damag es to the City in addition to any other legal or equitable remedy the City may be entitled to for a brea ch of this Contra ct under this Paragraph 30 . (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 1000 Eng lewood Parkway, Englewood , Colorado 80110-2373 (303 ) 762-2412 www.eng lewoodgov.org 6 --::_-;:_ -::. SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Secure Energy Serv ices 12760 Stroh Ranch Way, Su it e 205 Parker, CO 80134 Date of Agreement: 2. NAMES OF PROJECT COORDINATORS Jason Clark Water Production Supt. COE Utilities Department 303-783-6825 Jclark@englewoodgov.org Kurt Rhea General Manager Secure Energy Services j'.-\c., 303-968-1933 ~ Krhea@secure-eny.com 3 . SUMMARY OF PURPOSE FOR STATEMENT OF WORK To provide all labor, tools , safety devices , materials and equipment necessary for the removal of approximately 1200 cubic yards of water treatment residuals as identified by the Water Production Superintendent. 4 . EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5 . OTHER RESOURCES The COE will provide water for dust control as needed 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Removal of approximately 1200 cubic yards of water treatment residuals as identified by the Water Production Superintendent to the designated landfill. Dust suppression will be used if needed by spraying water over top of the residuals, the water will be provided by the COE . Hauling/Disposal manifest will need to be provided . 7. SPECIAL TERMS, IF ANY Owner shall provide the contractor access to the loading area . Owner shall provide water for dust suppression if needed . 8. MODE OF PAYMENT Purchase Order 1000 Englewood Parkway , Eng lewood , Colorado 80110-2373 (303) 762-2412 www.eng lewoodgov .org S-JO 7 9. PAYMENT SCHEDULE City will pay vendor for the services in accordance with the following payment schedule. All payments to vendor are contingent on vendor 's satisfying the Deliverables/Milestones set forth in the Payment Schedule . Payments shall be made upon City 's written confirmat ion to vendor that the Deliverables-Milestones have been satisfied . Final Payment upon completion and acceptance of work . 10. SCHEDULE AND PERFORMANCE MILESTONES All work to be completed by June 1, 2016 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12 . LOCATION OF WORK FACILITIES The City will provide the Plant space and support as it agrees may be appro priate, at its Allen Water Treatment Plant. IN WITNESS WHEREOF, pursuant and in accordance with the Services Agreement between the parties hereto dated , 20_, the parties have executed this Statement of Work as of this day of , 20_. CITY OF ENGLEWOOD, COLORADO (S ignature) (Print Name) Title :-------------- Date:-------------- S&iu.RE ~AJ-5 1 1( Sf?/!.Vf C[5 US//, l-L c -=-'---'---------------'-/, Company Name By ~"'J£l ot 'q~fNj./ L -r-.l./£'A- (Print Na me) Title : q(AJ[/.lll MAJilt9~t,_ Date : t/-l-~ -lfp 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2412 www .englewoodgov.org s-11 8 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: June 6, 2016 South Platte River Ru n Park - I Bike Trail at Union Ave . I Initiated By: Staff Source: Utilities Department Staff Tom Brennan , Director of Utilities PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Council approval of the Grant of Easement to South Suburban Parks for the Regional Trail Extension at the Englewood Water Intake Facility at Union Ave. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mclaughlin Whitewater Design Group submitted easement exhibits and legal descript i ons for the proposed trail at Union Avenue and the South Platte River. The project is for a one-mile paved regional trail along the east bank of the South Platte River from Union Ave. to Oxford Ave . The project will include lengthening of the existing intake structure, added fencing and a concrete trail section to allow for improved access for intake maintenance . The South Suburban Parks & Recreation District is requesting approval of an easemen t for the trail portion that will cross through the property owned by the City of Englewood at the raw water intake facility north of Union Ave . This portion of the trail will connect the Mary Carter Greenway trail system to the existing trail at Broken Tee Golf Course. FINANCIAL IMPACT None LIST OF ATTACHMENTS Ordinance Easement Exhibits, Legal Descript ions 5-1--,, lllaughlin Whitewater ~design g r oup ~ A D I V I S I 0 ~J 0 F M E R R I C K & C 0 r PA ~l Y April 28, 2016 Mr. Tom Bre nnan Englewood Civic Center Utilities D e partment l 000 Englewood Parkway Englewood, CO 80110 RE: South Platte River Run Park-Trail/Intake Review Dra\\ings at Union Avenue Intake Facility Dear Mr. Brennan : Please find enclosed two (2) copies of the proposed trai I/intake drawings at the City of Englewood's intake facility near Union Avenue. Also enclosed are the easement exhibits and legal descriptions previously sent to the City. As you may recall this trail connection was presented and preliminarily approved by the Englewood Water and Sewer Board meeting in July 2013 . The design drawings in this submittal are consistent with th e design presented to the Board. We are requesting review and approval of the enclose d final drawings to move forward with final Board and City Council approvals for the easements. If you need additional information or have any questions please don't hesitate to call. Very truly yours, McLaughlin Whitewater Design Group B e nj a min Nielsen, P .E . Enclosures: Cc: -Trail/Intake Drawings -Easement Exhibits & Legal Descriptions Laura Kroeger, UDFCD Mclaughlin Whitewater Design Group 2480 26 'h Avenue, Denver, Colorado 80211 T 303 .964.3333 F 303.964.3333 _<; ... 2. f3 DOD MERRICK® oeo Merrick & Company 5970 Greenwood Plaza Blvd . I Greenwood Village, CO 80111 303/751-0741 I Fax 303/751-2581 DOD & COMPANY Job No.: 6511741908 File: Y:\SuNey\6511741908 -S. PLATTE RIVER TOPO (2013)\Property Descriptions Date: August 11, 2014 PROPERTY DESCRIPTION City of Englewood PARCELB A parcel of land located in the Southwest Quarter of the Northwest Quarter of Section 9, Township 5 South, Range 68 West of the 6th Principal Meridian, being more particularly described as follows: COMl\fENCING at the Quarter corner common to said Section 9 and Section 8, whence the Center-west One-Sixteenth corner of said Section 9 bears N89 °58'36"E a distance of 1321.86 feet; THENCE N70 °55'15"E a distance of 513.58 feet to the POINT OF BEGIN1'TJNG, being on the northerly line of that parcel of land described in Book 4306, Pages 762-764, recorded November 14, 1984 in the Arapahoe County Clerk and Recorder's Office; THENCE N36 °30'07"W tangent with the following described curve a distance of 10.99 feet; THENCE along the arc of a curve to the right, having a central angle of 14 °01'10", a radius of 169 .00 feet, a chord bearing N29 °29'32 "W a distance of 41.25 feet, and an arc distance of 41.35 feet; THENCE N22 °28'58"W tangent with the last and following described curves a distance of 48 .75 feet; THENCE along the arc of a curve to the right, having a central angle of 17° 12' 10", a radius of 117.00 feet, a chord bearing Nl3 °52 '52 "W a distance of 35 .00 feet, and an arc distance of 35.13 feet; THENCE tangent with the last described curve and along the arc of a curve to the left, having a central angle of 37 °09' 10", a radius of 210.00 feet, a chord bearing N23°5l '22"W a distance of 133.80 feet, and an arc distance of 136.17 feet; THENCE N42 °25'57"W tangent with the last described curve a distance of 23.60 feet; 1 of 2 An Employee-Owned Company £,-3-13 200 Date: 1, 2014 Job No.: 6511741908 For and on Behalf of Merrick & Company DOD MERRICK€ o e o DOD & COMPANY Merrick & Company 5970 Greenwood Plaza Blvd . I Greenwood Village, CO 80111 303/751-0741IFax303/751-2581 THENCE the following two (2) courses along the westerly lines of that parcel of land described in Book 1425, Page 591 , recorded April 29, 1963 in said Arapahoe County Clerk and Recorder's Office: 1) N21 °45 '01 "W adistanceof27.46feet; 2) THENCE N04 °50'01 "W a distance of 16.88 feet ; THENCE S42 °25'57 "E tangent with the following de scribed curve a distance of 62 .67 feet; THENCE along the arc of a curve to the right, having a central angle of 37 °09'10 '', a radius of 230.00 feet, a chord bearing S23 °5 l '22 "E a distance of 146.54 feet , and an arc distance of 149.14 feet; THENCE tangent with the last described curve and along the arc of a curve to the left , having a central angle of 17°12'10 ", a radius of 97.00 feet, a chord bearing Sl3 °52 '52"E a distance of 29.01 feet, and an arc distance of 29.12 feet; THENCE S22 °28'58"E tangent with the la t and following described curves a distance of 48.75 feet; THENCE along the arc of a curve to th e left, having a central angle of 14 °01'10 ", a radius of 149.00 feet, a chord bearing S29 °29'32"E a distance of 36.37 feet, and an arc distance of 36.46 feet; THENCE S36 °30'07"E tangent with the last described curve a distance of 24.49 feet; THENCE S87°31 '45"W along said north line of that parcel of land described in Book 4306, Pages 762-764 a distance of 24.13 feet; to the POINT OF BEGINNING. Containing 6,534 square feet, (0.150 Acres), more or less. For and on Behalf of Merrick & Company 2 of 2 An Employee-Owned Company 5 ... y ~ t3 -~, ~ E? I $: -I"') _o CT> 0 b 0 t/) N 1 /16 CORNER OF SEC . 8 & SEC. 9 TSS, R68W OF THE 6TH. P.M. FOUND 2-1/2" DIA. ALUM. CAP ON #6 REBAR 1.2' BELOW GROUND SURFACE STAMPED "N1 /16 COR OF SEC 'S 8&9 T5S , R68VI, 2010. PLS 25369" l 4 AR£A=6,534 SQ FT (0.150 ACRES) :t LS STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF NATURAL RESOURCES BY ANO THROUGH THE CO LORADO WATER CONSERVATION BOARD DEED BOOK 4196, PAGES 380 TO 382 RECORDED JUNE 13, 1984 POINT OF COMMENCEMENT W 1 /16 CORNER OF SEC. 9 & SEC. 4 T5S, R68W OF THE 6TH . P.M. FOUND 1-1/2" DIA . ALUM. CAP ST Al.APED "BASELINE LS 28258" CITY OF ENGL EWO OD WARRANTY DEED BOOK 1425. PAGE 591 RE CORDED APRI L 29 , 1963 c> SEE SHEET 2 OF 2 FOR ,... LINE AND CURVE TABLE SW~ NW Y.i OF SEC. 9, TSS, R68W, 6 TH P.M. G AVENUE WEST UNIO~ pUBLIC R.o .'iJ. ,t>.SPl-lf>.L\ ROf>.D 1/4 CORNER OF SEC . 8 & SEC . 9 _,,. TSS, R68W OF THE 6TH P.M. _,,. FOUND 3" DIA. BRASS CAP / 0.5' BELOW ASPHALT ROAD SURF ACE IN RANGE BOX STAMPED "1/4 COR OF SEC'S 8 & _,,. 9, TSS, R68W, D.W.D., 1988, LS _,,. _,,. 16398" STATE OF COLORADO CORRECTION DEED BOOK 4306, PAGES 76 2-764 RECORDED NOVEMBER 14, 1984 --~B~ASl.S OF BEAR=IN~GS~ N89 "58'3 6"E132 1.86' 0 15 30 60 120 35 .00' QUIT CLAIM DEED ACQUIRED BY ARAPAHOE COUNTY PER BOOK 127 AT PAGES 406-407 & BOOK 234 AT PAGE 36 FOR ROW PURPOSES FOR COUNTY ROAD NO . 1 (W. UNION AVE .) C-W 1 /16 CORNER OF SEC . 9 TSS. R68W OF THE 6TH P.M. 1 inc h = 60 fl NOTE : This exhibit does not represent a monumented survey . It is intended on ly to depict the attached des cri ption. MERRICK PROJECT NO . 65 i 1741902 CUENT PROJECT NO. REVISION DESCRIPTION DRAWN JJ IDATE 8-i 1-20i4 IS('..ij_£ 1"=50' ODD MERRICK® oeo ODD & COMPANY 59 70 Greenwood Plaza Blvd., Greenwood Villoqe. CO 80111 FOUND 2-1 /2" DIA. BRASS CAP IN CONCRETE STORAGE/PA RKING AREA FLUSH WITH CONCRETE SURF ACE STAMPED "C W 1 /16 COR OF SEC . 9 TSS, R68W, 2010, PLS 25369" /'>. PORT IOi'J OF THE SW / 4 r~W1 /4 OF SEC. 9 ' TOW~.JSH I P 5 SOUTH, RAl \JGE 68 WEST , 6TH P.M . P..R/1.PAHOE COU~H ( CO LOP /l.00 TTTlE: CITY OF ENGLEWOOD PARCEL B REVISION: I DRAWING NO. I SHEET N0.1 OF 2 5 -)-t3 18 l1) I~ ~ CT> _v c.o N b 0 t/) I CURVE TABLE CURVE # DELTA RAD IU S CHORD BEAR IN G CHORD LENGTH LENGTH C1 14· 01' 10· 16 9.00' N29. 29' 32 •w 41.25 ' 41.35 ' C2 17' 12' 10· 11 7.00 ' N1 s 52' 52 ·w 35.00 ' 35 .13 ' C3 37' 09' 10· 210.00' N23' 51' 22·w 133.80' 136.17' C4 37' 09 ' 10· 23 0.00' S23' 51' 22·E 146 .54' 149 .14' C5 17' 12 ' 10· 97 .00' S13' 52' 52.E 29.01' 29.12' C6 14· 01' 10· 149 .00' s29· 29' 32.E 36 .37' 36.46 ' LINE TA BLE LINE # BEARING LENGTH L1 N3s· 30· orw 10 .99' L2 N22· 2s' sa·w 48.75' L3 N42. 25' 57"W 23.60' L4 N21 • 45' 01 "W 27.46' L5 N4. 50' 01"W 16.88' L6 s42· 25' 57"E 62.67' L7 s22 · 28' 58"E 48.75' LB 535· 30' 07"E 24.49' L9 S87' 31' 45"W 24.13 ' NOTE This exhibit does not represent a monumented survey. It is intended only to depict the attached description . MERRIC K PROJECT NO . 6511741908 CLIENT PROJECT NO . REVISION DESCR IPTION DRAWN JJ I ~lE 8-11-201 4 I SCALE N/A B~B _M_E_R_R_l_C_K_(!) DOD & COMPANY 5970 Greenwood Plaza Blvd .• Greenwood Villooe. CO 80111 A PORTIQ~,1 OF THE SW1 /4 i\JW1 /4 OF SEC. 9, TOWf-ISH IP 5 SOUTH, RM·JCE 68 WEST, 6TH P.M . AR/i.P.A.HOE COU f\JT Y, COLORADO CITY OF ENGL EWOOD PA RCEL B SHEET NO . 2 OF 2 I DRAWING NO . REVISION : 5 -1., r3 Present: Absent: WATER & SEWER BOARD MINUTES TUESDAY , AUGUST 13 , 2 0 13 Oakley , W igg i ns , Habenicht , Waggoner , Woodward , Burns , Lay , Penn Moore , Olson Also present: Stu Fonda , Di rector of Ut il it ies , John Bock , Uti li ties Manager The meeting was called to order at 5:04 p.m . 1. MINUTES OF THE JULY 9 , 2013 . The Board approved the Minutes of the July 9 , 2013 Water Board meeting Motion: To approved the Minutes of the July 9, 2013 Water Board meeting. Moved : Burns Seconded: Habenicht Motion approved unanimously. {?] 2. GUEST: BEN NIELSEN, McLAUGHLIN WATER -UNION AVENUE BIKE PATH. Ben Nielsen from the Mclaughl in Water Design Group in River Run Park Project appeared to discuss the proposed Union Avenue Bike Path next to the Englewood raw water intake facility north of Union Avenue. Accommodations for the Union Ave. pump station intersecting the bike pa th we re discussed . The Colorado Water Conservation Board is request ing concept approval and easements for the proposed tra il through the property owned by the City of Englewood at the raw water intake facility. The trail is 1 O' wide and will cross under Union Ave. South Suburban will operate and maintain the trail. Gates will be constructed to close for routine and emergency maintenance . Motion: To approve project concept and a grant of easement to South Suburban Parks for the regional trail extension at the Englewood water intake facility at Union Avenue , per City Attorney's approval. s-8-~ Mo ve d : B urns Seconded : Waggoner Motion approved unan imously. [?] 3 . OVERPAYMENT FROM CLOS I NG -3226 S. CORONA ST . John Bock appeared to d iscuss the issue where a title company sent a $200 payment for anticipated water and sewer charges for 3226 S. Corona St. When the final meter reading was figured , th e final bill was zero . Th e amount paid became a credit balan ce with no further communication from buyer or seller for two months. Staff denied the request from the seller for a refund because refunds can only be granted to existing owners . This is an informational item for the Board in the event the seller , realtor or title company appeal staff's decision . The previous owner called on August 12, 2013 and was told to call and discuss the issue with the title company. 4. ENGLEWOOD WATER CONSERVATION PLAN COMMENTS AND RESPONSES. The Board received the 2013 Wate r Conservation Plan comments and responses approved by the consultant. The published lega l notice and a water rate comparison for Englewood /Denver water charges were also included . The comments and responses will be forwarded to City Council with the final draft of the water conservation plan. After Council approval it will be forwarded to the State for approval. Motion: Moved: Recommend Counc il approval of the final draft of the 2013 Englewood Water Conservation Plan. Habenicht Seconded: Lay Motion passed unam imously. 5. WASTEWATER COLLECTION SYSTEM MAINTENANCE STANDARD AGREEMENT FOR THE CITY OF SHERIDAN SANITATION DISTRICT. The Englewood Utilities Department currently performs sewer maintenance services for the City of Cherry Hills Village , South Eng lewood Sanitation District and the City of Sheridan . The purpose of the Wastewater Collection System Maintenance Standard Agreement form is to standardize these agreements . The maintenance agreements enable Englewood to perform maintenance of adjacent districts that are too small to fund their own maintenance program. s-g-/3 N g .... ., "' EVANS AVE. 1-•-•••-•1 8 I 1 1 I UJ !JiEnQLewqg9. . r--i-1 <>. WARRENAVE. !-r ( -,--1 I --. IUFFAVE. t -i WESLEY AVE. : ,..; o ,..; I ~t;;~t:i~ ~~ti : t;;t;;~,.;~g~~~~5l~~t;;t;; i ~~~~g~l~§~!g~~; .I a:: ·-···-···-···-···-···-···-···-···-··-. ~ <( • 0 ,,,.. ' * . ' _J ..J a: I f5 r ~-.. ~-.-I -.. _•••-.. I ~ I -· -' : ...: -~l ~I I ~ ~ .1 ~r = s ~ --l ~= ~j I j U , ,1 .,;' ! ~-: l -I ~ a? r;;·-: --~-·-·-·•;i , ., ;---r1-, -1--I I r t7r·.-r · ;,-· -.-:1'-' l-* " -·, -, I I i ! ! [ I i I I ~' ' -----' ! FLOYD AVE. '-•••-•••-•••-z , I I 1-11 ~ --r-r----r-1 1 - GIRARD AVE. 1 ••• r·1 1i, .i. 1 i -:-LL! 1 . _. t · _L "..J.ffi :1 -:-I I ., . c, -1 --r ,. LI ,,-r rr . I I T ' I U.S . 285 HAMPDEN AVE. u.';: I~-~ -~,--~1, -~ell 1_1-l-·rn I r-1 _,,r: ~ . ...r. .. .l... ••• 1-. .. J ",,..,/ r • 1 , 1 , 1 1 1 1' I r-11-ifT'l :':,.":::::,,J_ I ~-· ···-···-JEFFERSONAVE. ITHACAAVE 1 ; ._JIT' >--ir f . 1 tJT! : ~ ,/,--~-11 _,_ Tt;t' *1-i KENYONAVE. : : ~-tri -i LEHIGH AVE. ~ i TT I ~'~-I ' I i MANSFIELDAVE. ::; .~L I : NASSAU AVE. ,,,. i ~r I U ::;i f ' i I , -OXFORDAVE. i I t cJ I 11 I PRINCETON A VE. ,J: 1 1 v, 1 1 ... r-1 {, 1 iJ. QUINCY AVE. l'tJ itli r ' 11 J ! r /~ -r {..," ~I rr--i RADCUFFAVE. f I I l STANFORD A VE. : r\ r f ~ l!+f+.1 i 1 1 1 * 1 , 1 ~-i. TUFTS AVE. L ..... _., I ··o--/, '+ I r _J. ---'------• "\ I • UNION A VE. i,.-, \_.,_,_ '* '-'-LAYTONAVE. r···-..,··-·· i ..,... '1 I , I • I ...:1" I l i ~ --··-···1 :--r ~ I -'-D -t-'-'-i-;'-~ .,-1-i I r-r-: CHENANGO AVE. I I It! ~ I I '--1 I :....: ~I ~ --r r-r 1---·1 I_ ~; GRAND AVE. ~ ;_ -a ••-.J .lJ _ ~ --,.-~.~~~ . .J BELLEVIEWAVE. ~I \ = I I i \I I ... ., ~ CENTENNIAL AVE. ···-···-·.. '-·--... r-•• ··~ -~I I '<•• HARVARD AVE. VASSAR AVE. * YALE AVE. AMHERST A VE. BATES AVE. ,- CORNELL AVE. DARTMOUTH A VE. EASTMAN AVE. i ____ ., I ...'.::;••1 ··-···-··· .... Legend * r-··· .. . ; '-···..J LeadSamples-2011 Englew,ood City Limits 1 inch = 3,000 feet A "Th• '~""" of •• d•• wrthm .,. m•p " ool lo bo '"'"'"'"' " d"' ~':"L by ' """"red '"""'o"'' ''"d s"""'" foe •• srato of Colorado Cfy. """""" This product is for mformat1onal purposes and may not Ut ilities Department have been prepared for or be suitable for legal , engineering , or survey ing purposes . current as of May 2015 It does not represent an on the gro und survey and represents only the appro xi mate relative location of pr operty boundaries .' 2014 Imagery N g ... ., ... ~ 0 ... Legend i-.: ....: Cl) to-: Cl) ...: ~ (I) :2; (I) """ :z:: ~ § j ~ it ...: ""' ~ ~ ~ "' EVA NS A VE. 1-•-•••-•1 8 : ~---1-• ~ WAR REN AVE. I -~-.J =t .... I I I • I -r---. ' I /LI FF A VE. --. -! WE SLEY AVE. HARVARD AVE. VASSAR AVE. YA LE A VE. AMHERS T AVE. BATES AVE. CORN ELL A VE. DA R TM O UTH AVE. EA S TMAN AVE. I I I i ...: ...: I ti) ~ ~ ! " t ~ I ~ ~ g , -J ~ ~ I a: ·-···-···-···-···-···-···-···-···-··1 q; ~ ~ i ffi r-·· '_ -,' ti . -~-:..._ t;; ~ I ;:: I I -· : ...: :E "' :l ~{ .. ,-. i-i--.-i-1-~·--1, i: --r~::-! i :o ~ ~ k _,, ,_1 i -r -r--_LI -·:--{,_I ..., ~ :::> !l ~: I i i ; T I ; I 'J_L ....,__:I ~ ~ r···-· ~1 ···-··i ,--! -1 T-: -, -rr+1'· -1-rrn-h-rTti!icfl I j: tTTT1.: o_J : ---·-r• r-· Ii 1-i--;TT ---_,f--\ -rr1-· I 11 I I l•1!1'1i 1 ! :ill ,' '~- FLO YD AVE. '-···:;:;:::.·7. r·· ~ ~-r -, . 1·---H-' -1 ~pl -r ·-r-rt1~-n-rr1 " --~ --, --I 7·· .,, . -~~'-.:r'----1-r'--LrLLH--1-~ ' U.S.285HAMPDENA VE. [!.:: ::...<f[l_ I ·-~r=I-l I I ! 11-.... .::r. •. L .... LlJ ~_j I,-B-t -L>-LI -~~' l-J j'Jl [ U.1.0d :EFFER SON AVE. I THACA AVE l I , FF>---a--I ""r-, ·1; ~ l 1TI I --I -,= KENYONAVE. "' I LEHIGH A VE . '< .u I I I . f f i I 1 MANSFIELD AVE. .. ~l/11 ~I •• I i r_LL NASSAU AVE. ~ I ; ;:, f -f j OXFORD AVE. I I I L: / 'I /, '"l >••=ornE ,J • QUINCY AVE. ·1 I JJ3l 1a· = A --.11 :1 ·->-_ ... -1--... -,~.-... -1--1-l--+-~1 RADCUFF AVE. r·· . I I n I II • STANFORD AVE. _li ··' I 1 I r-I ., 1· _ ·~ TUFTS AVE. ~~ ~L1-+-++++~+++-+~~r1r-+-1 i-t-t-li l--~1++-+-1-1-+-+-+-1-+-H-+-+~·~-~~u UNION AVE. r··7··-: I , L _ ! .. --··-···, .-~ ., \ \ \ -n t l-L--= : I . ffi -..,_1.l : ,__,__ I :...: ~ ~r--._ --1 ._. 0:: I . I ~ ,-I "' ' '. I I ~~ ~ •• ~ --···-···-· ------1~·-···-··· :iO \ : ~ I \ 1 1 ••• .., ~ _,. ~ CENTENNIAL AVE. ·-·-···-·-' ......... I •• ~-~~· -, .. , I '', '~ i ~·, I -=::;••1 LAYTON AVE. CHENANGO A VE. GRAND AVE. BELLEVI EW AVE. ··-···-···- • LeadSamples-2014 1 inch = 3,000 feet ~ ~-2 ~ 'The accu racy of the data within this map 1s not to be taken /used as data produced by a Reg istered Professional Land Surveyor for the State of Colorado This product 1s for informational purposes and may not have been prepared for or be suitable for legal , engineering , or surveying purposes . It does not represent an on the ground survey and represents only the approximate relative location of property boundaries .' City of Eng lewood Utilities Department Current as of May 2015 2014 Imagery • I COLORADO Department of Pu b li c Heal th & Environment Dedicated to protecting and improving the health and environment o f the people of Colorado April 19 , 2016 Jason Clark City of Englewood -Al len Water Treatment Plant City of Eng l ewood Utilities Department 1000 Englewood Parkway Englewood CO 80110 Re: Complaint Inspection of City of Englewood 's Allen Water Treatment Plant 4 / 412016 SW I ARA I ALL 1. 2 Dear Jason, On April 4, 2016, Jennifer Reynolds and Ramon Li , representatives of the Hazardous Ma t eria l s and Waste Management Division of the Colorado Department of Public Health and Environment conducted a complaint inspection of City of Englewood's Allen Water Treatment Plant located in Englewood , Colorado. The inspection was performed to assess the facility's compliance with the minimum standards of the Solid Wastes Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R. S., as amended, and Regulations promulgated thereunder, 6 CCR 1007·2, and the approved engineering design and operations plan. A copy of the inspection report is enclosed for your reference. Results of the inspection indicate that the City of Englewood's Allen Water Treatme nt Plant has some minor violations of the Act and Regulations. A copy of the Compliance Advisory left at t he time of inspection is also enclosed. If you should have any questions regarding this correspondence, please feel free to contact Jennife r Reynolds at (303) 692-3408 or Ed Smith at (303) 692-3386. Sincerely, QJ_~\~~ {n~~fe~nolds Environmental Protection Specialist Solid Waste Compliance Assurance Unit Solid Waste & Materials Management Program Ed Smith Unit Leader Solid Waste Compliance Assurance Unit Solid Waste & Materials Management Program CC: Qav.e..G0Hrna0:; fi y of Englewood Utilities Dept, 1000 Englewood Pkwy, Englewood , CO 80110 Lisa Oliveto, TCHD ECC: Ramon Li, Jeannine Natterman, HMWMD Tyson Ingels, WQCD 4300 Cherry Creek Drive S., Denver, CO 80246-1 530 P 30 3-692-2000 www.colorado.gov/cdphe John W. Hi cken looper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Agency: Date: Site: Operator: Inspectors: Inspection: Site Representatives: Other Participants: Weather Conditions: SOLID WASTE INSPECTION REPORT Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division April 4, 2016 Times: 9:30 AM -10:30 AM Allen Water Treatment Plant Englewood, CO City of Englewood Jennifer Reynolds, HMWMD Ramon Li, HMWMD Complaint and Announced Jason Clark, City of Englewood David Coffman , City of Englewood None Sunny On April 4, 2016, staff from the Colorado Department of Public Health and Environment (the Department), conducted an inspection of the above-referenced property located in Englewood , Colorado. The purpose of the inspection was to evaluate the compliance of the Facility with the requirements set forth in the Solid Wastes Disposal Sites and Facilities Act ("the Act"), CRS 30-20- 100. 5 et seq., the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2 ("the Regulations"), and the Facility's approved Engineering Design and Operations Plan (the Plan). --Site History-- Allen Water Treatment Plant (the Facility) is a water treatment plant owned and operated by the City of Englewood, Colorado. Disposal of water plant residuals (sludge) is regulated by the Department under Section 12 of the Regulations. On March 15, 2016, staff from the Hazardous Materials and Waste Management Division (the Division) received notice of allegations regarding the Facility. The allegations were: 1) dry alum sludge had been stockpiled instead of disposed of pursuant to the Facility's Plan; and 2) levels of radiation in the sludge were harmful to the health of the employees. --Records Review-- The Facility's Plan was drafted April 26, 1993. According to the Plan, "Existing reservoirs contain an estimated 5, 100 dry tons of alum sludge. This quantity was .estimated from historical production records and visual inspection of the reservoirs. A two-year cleaning program will remove approximately 2,000 tons of sludge. Once this cleaning effort is completed, the City will switch to an operational mode geared to removing the annual production." (Plan, p. 12-7). '' I The Facility updated their Plan with their "Long-Term Treatment Residuals Plan" (Updated Plan) dated August 11, 2003. Under Section 2.2 "Costs for Disposal", the Updated Plan referenced "annual residuals disposal and Capital costs ... " as well as "Annual costs include haul, disposal, discharge, and monitoring and analysis fees." (Updated Plan p. 5). These statement indicate continued removal of the annual production as first referenced in the Plan (see previous paragraph). --Site Inspection-- The site inspection was performed in the f i eld at Allen Water Treatment Plant. Participants included Department Inspectors Jennifer Reynolds and Ramon Li; and Facility representatives Jason Clark and David Coffman. Residuals produced by Facility operations are initially stored in its reservoir. The reservoir is later dredged. The slurry removed from the dredging is then placed in a day tank and dewatered. The cake produced is then let out to air dry. The dry alum sludge had been disposed of at Midway Landfill in Canon City, Colorado. Those disposals were approved by the Division. In 2012, Midway was no longer able to accept the Facility's sludge. Bid requests were sent out in 2012 for sludge disposal, and at that time, the sludge started stockpiling. In May of 2014, the sludge produced in 2011 and 2012 were taken for final disposal by Clean Harbors Deer Trail. Waste Manifests were requested and produced at the time of inspection. Dried alum sludge from 2013 and 2014 were noted to be on site, covered by a tarp. Sludge produced in 2015 was also on site, and currently drying. Sludge produced in 2016 was in the reservoir. The timeline for removal and disposal of the 2013 and 2014 dried alum sludge was requested. Pursuant to Facility Representatives, bid requests for disposal have been requested and they were currently awaiting receipt. However, Facility Representatives also advised that the City of Englewood was currently in litigation pertaining to the sludge produced by the Facility, and as such, the Facility had been advised by the City's Counsel to not remove sludge until the litigation is resolved. Due to allegations made concerning radiat i on levels in the alum sludge, the Facility's radiation exposure rates were obtained during the site inspection. The results are found below. --Radiation Measurements-- The Facility's radiation exposure rates was obtained from a Bicron micro rem survey meter (Serial Number: C766A, calibration date August 3, 2015). Background measurements were obtained in the parking lot away from the sludge pile storage area and within the office building adjacent to the water treatment building. The observed background measurements were 0.006 mrem/hr in the parking lot and 0.01'0 mrem/hr in the office buildipg. Much of the locations surveyed immediately around the sludge storage areas were at or below background. One notable area measured between two sludge piles was 0.010 mrem/hr on contact to the tarp covering the pile. --Findings-- The Facility was in apparent violation of the Act and the Regulations on the day of inspection and received a Compliance Advisory. The following apparent violation was found: Deficiency 1: Two (2) years of dried alum sludge (2013 and 2014) was on site at the facility. This is in apparent violation of Section 12.2.13 of the Facility's EDOP which stated that sludge produced would be removed annually. Prepared by~~V\_,()l_etv".? Jf n}lif er"Reynolds ' Environmental Protection Specialist Compliance Assurance Unit Solid Waste and Materials Management Program Colorado Department of Public Health and Environment Date: C\ cy;,l 1.0 . dOllx' \ (Radiation Measurements added by Ramon Li, Environmental Protection Specialist) Attachments: Attachment 1 Attachment 2 Attachment 3 Photo Log -Photos Taken by the Department Compliance Advisory issued at time of inspection Radiation survey diagram File: SW I ADM/CSI 1.2 . ' \ I Attachment 1 -Photo Log Photos Taken by the Department Photo 1 : 2013 /_2014 dried alum sludge covered by a tarp Photo 2: 201312014 dried alum sludge covered by a tarp ' Photo 3: 2015 alum sludge -drying Photo 4: Reservoir containing 2016 residuals ' . - Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division 4300 Cherry Creek Drive South, Mail Cod e HMWMD-B 2, Denver, CO 80246-1530 Colorado Dcpanmcnt of Public Health and Environmcn t (303) 692-3350 http ://www.co lorado.gov/cdp he/solidwaste Solid Waste a nd M ateria ls Management Program No ti ce of Inspection Fac ility Name AllttA. w~ Ft l+rcdi °""-~I t<IA+ County Trim Code ~ l f\W \ f\LL A,,-apo..0 o-e. Street ~ounced? Yes ( ) No City .fn~Ltwoo~ Zip [,c Enter by: ~Cons ent ( ) Warrant ) Open Fi elds Facility Representatives: Phone Jusof\ CllLV'L ~ I 71.9-z -2lP So :D~vi d ~(}.,,V\ Local Government Representatives Phone Results of the inspection indicate : D The facility is in compliance with the Act, Regulations and ap proved p lans & The facility is in compliance, with the exception of the minor vi o lations no ted b e low D T he facility is not in compliance. A arent Violations and r e uested corrective actions: Date 4 /LI/ 2.btlP Time In: q 30 Ak,i Time Out: /o..·30 ftM Email Email f-U\cA \ \~ \S ~"'-'{\~ 9.v.cl~ 6V\ '51',~ \DV\¥ -hA_a,lA ~d. ·1\A ~~v ~~"'3---~'ri""'J "? o~~\As ~- lL-eque~ CA~~: \)\~50 d\6?o~ cl .;)\\ ~ -201s '\)YOdlA e:ed <Slu_d\.~ a.+-CA.. ..fzic.A ~ \~ ~\J<O\re..o{ -\o --b,\c-e_, ~ WG\~ u:frh.A~IA l ~O -l 0t-f\~ °'?\J~V4-l . ll £ Compliance Assi stance Delivered During the Inspecti on: 00 (J2.,, Cl\\ ?re-ZD15 s \u.d.~L-·ts d..\<?'?OS(b( ~, R~LA'(Y'l£ di~ \:)OSa, l Dt-Suu\ q--c OV\ °'-'o \i V\.Y\ I a,\ 'oC\S\S . Signature of F ac ility R ep resentative R eceiving Form: Lead CDPHE Insp ec to r :~ '.{(, ~Cl-( fl() I tl( -:5?"/~ Ylr V' Name ofFacility Offic ial Receiving Form: Assisting Insp ec tor s: 12aVVl DV\ Li ~So ;i, F . cc "f 'V):::--- HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 4300 CHERRY CREEK DRIVE SOUTH, DENVER, CO 80246-1530 COMPLIANCE ADVISORY FACILITY: frl/-tLA. WLJ-k,v- -f;(fy?t-fw~ Pla0+- File code: SLU/ ~i-A-/ ftL.L ll~SPECTOR: \2:e\.,\Y\old$' ADDRESS: Colorado Department of Public Health and Environment I DATE: 4/ 4/ WI(£? This Compliance Advisory provides notice related to information gained during inspection of the above named facility I property location on the date shown. We advise you that the inspector(s) believes that the "Apparent Violations" listed below are, or may be, violations of Colorado's solid waste laws or regulations. A review of the facts established during this inspection by Department personnel may result in revision of this Compliance Advisory to include appropriate additions or clarifications . . Please be aware that you are responsible for complying with the Colorado solid waste regulations and that there are substantial administrative and civil penalties for failing to do so. Section 30-20-113, C.R.S. provides that any person who violates Section 30-20-100.S et. seq., C.R.S., which includes the Solid Wastes Disposal Sites and Facilities Act ("the Act")., and the Regulations Pertaining to Solid Waste Sites and Facilities ("the Regulations"), 6 CCR 1007-2, may be subject to an administrative penalty of not more than $10,000 per violation per day during which such violation occurs. The issuance of this Compliance Advisory does not limit or preclude the Department from pursuing its enforcement options concerning this inspection, including issuance of a Compliance Order and assessment of penalties. Also, this Compliance Advisory does not constitute a bar to enforcement action for conditions that the inspector(s) did not observe or evaluate, or conditions found during future inspections of your facility. Per Section 1.9 of the Regulations, you may request a compliance conference, which can either be in person or by telephone. A primary purpose of the compliance conference is to give you the opportunity to submit additional materials addressing the violations alleged below. Such information may also be provided in writing by mail or electronically, preferably prior to any compliance conference. The compliance conference can also serve to clarify requested return-to-compliance actions and to develop a schedule for completion of such actions. We encourage you to contact the inspector within thirty (30) calendar days of the date of this compliance advisory to schedule a compliance conference, if desired. __::0"""4-~..:::.3A~·::::;,~p_-~~-=-~-\-yW~_:_:l as~--' Inspector J(a'zardous M~rials and Waste Management Division ~ ado Department of Public Health & Environment Mail Code: 1™Wl\!ID-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Tel: 3 I (Qg 2---3L(o ~ Failure to r~spond in a timely fashion to this Compliance Advisory will be considered in any subsequent enforcement action and the assessment of administrative and/or civil penalties. July 1, 2013 c:::::::_, . .._I _/"\_ -I ' ., • 1 COMPLIANCE A D VIS ORY Pao-e ~ of 1._,. o-- FACILITY: I ACTIVITIES' APPARENT VIOLATIONS NOTED DURJNG INSPECTION APPARENT VIOLATION DESCRIPTION I CITATION ( 6 CCR 1007-2 unle ss otherwise spec ified ) REQUESTED ACTION BY WHAT DATE ? or (x days from today) I acknowledge that the "Apparent Violations" listed above have been identified for me and I have been provided with the first page of this Compliance Advisory as well. ~R epresentative Englewood Waste Water Treatment Facility -Allen Plant Survey Instrument: Bicron micro rem SN: C766A Calibration Date: 3-Aug-2015 Background measurements: 0.006 mrem /h (outside in parking lot), 0.010 mrem /h (inside office building ). All units on the diagram are in mrem/h. BKG refers to th e background measu rem e nts above for outside in parking lot. Diagram not to scale . Garage BKG BKG BKG 2014 and older dried BKG sludge piles BKG 0.01 BKG BKG BKG BKG BKG BKG Officp I 0.01 BKG BKG BKG BKG ~--~ Pump BKG ------~ 2015 sludge dry out pile BKG BKG BKG BKG BKG BKG Parking Lot BKG Treatment Plant Driveway BKG 2016 sludge pond ... . ,