planning session agenda planning... · planning session agenda . january 3, 2019 . 9 a.m. i....

Planning Session Agenda January 3, 2019

9 a.m.

I. Preliminary Items A. Call to Order: Roll Call and Verification of Quorum – Chairman Applegate

B. Public Comment on Non-Agenda Items – Chairman Applegate C. Agenda Modification and/or Recommendation for Executive Session – Brad

Wind

II. Discussion/Study Items A. Willow Creek Breaker Replacement – Jim Nguyen

Action: Motion to Ratify B. Overview of NISP Financing – John Budde and Tyler Old (PFM) C. Overview of NISP Water Secure –Greg Dewey and Carl Brouwer D. Review of Article 19 of Reclamation Repayment Contract – Jim Hall E. Windy Gap Firming Project Nutrient Reduction Plan – Esther Vincent

Doc 1

III. Preview of Municipal Subdistrict Agenda topics for January 10, 2019 Board Meeting

A. Consulting Services Agreement with ERO for Colorado River Connectivity Channel Engineering Evaluation of Windy Gap Dam for the Windy Gap Water Activity Enterprise– Jeff Drager

Doc 2

IV. Preview of Northern Water Agenda Topics for January 10, 2019 Board Meeting

A. Consulting Services Agreement with RPI for Financial Software Upgrade – John Budde

B. Agreement with Rocky Mountain National Park for Forest Fuels Treatment – Keith Stagg

C. Consulting Services Agreement with Engineering Analytics for NISP River Diversion Design Services – Christie Coleman

D. Consulting Services Agreement Amendment No 3 with ERO for NISP Permitting Support – Carl Brouwer

Doc 3

Doc 4

Doc 5

Doc 6

Planning Session Agenda and Materials January 3, 2019

Northern Water Board Meeting Agenda December 7, 2018

IV. Preview of Northern Water Agenda Topics for January 10, 2019 Board Meeting

E. Agreement with Town of Erie Urban Renewal Authority for Tax Increment Financing – Karen Rademacher

Doc 7

V. Information Items A. Board of Directors Roundtable – Chairman Applegate

B. Future Events – Brad Wind 1. Four States Irrigation Council Annual Meeting – January 9-11,

2019, Fort Collins 2. Legal and Legislative Committee Meeting – January 10, 2019 – 8

a.m. 3. Water Efficiency Program Stakeholders Meeting – January 15, 2019 4. Colorado Water Congress – January 30 – February 1, 2019,

Westminster 5. Poudre River Forum – February 1, 2019, Fort Collins 6. Northern Water Board Retreat – February 7, 2019, Greeley 7. Family Farm Alliance – February 21-22, 2019, Reno, NV 8. Western Water Symposium – March 14, 2019, Aurora, CO

C. Other Matters – Brad Wind

Doc 8

VI. Executive Session Matters that fall within C.R.S. §24-6-402 (4) (a) through (g) may be discussed1

1 The Executive Session listed above may be cancelled at the discretion of the Board of Directors at the commencement of, or during, this meeting.

Page 2 Planning Session Agenda and Materials January 3, 2019

http://www.northernwater.org/sf/docs/default-source/main-website/what's-new/northern-water's-2019-winter-water-efficiency-stakeholder-meeting-set-for-jan-15.pdf?sfvrsn=4a83edcb_4

https://nwc.colostate.edu/water-in-the-west-2019/

GENERAL

AMENDMENT NO. 1 TO

CONSUL TING SERVICES AGREEMENT 2276-0-AGRE

This Amendment No. l is made and entered into on December 21, 2018 ("Effective Date''), by and between Northern Colorado Water Conservancy District ("Northern Water) and Eaton Corporation ("Contractor") and amends the Consu]ting Services Agreement 2276-0-AGRE (the "Agreement'') between Northern. Water and Contractor regarding the WilJow Creek Switch Gear Rep]acement Bid. AIJ provisions of the origina] Agreement not specifically modified in this Amendment No. 1 shall remain in full force and effect in accordance with their tetms.

DESCRIPTION OF CHANGES

The Agreement is modified as described below.

I. AGREEMENT, Paragraph 1. Scope of Services. Northern Water authorizes Contractor to order and install the Willow Creek Snubber as per Contractor's Proposal Number DNK.4-181120-05-DJE, which is attached hereto as Exhibit A-1 and incorporated herein by this reference. The work described in Exhibit A-1 shall be considered part of the Services, as defmed herein.

IL AGREEMENT, Paragraph 2. The completion date in this paragraph shall be modified to the later of April 12, 2019 or sixteen (16) wee.ks from the Effective Date. Contractor agrees to provide a product build and installation schedule with a guaranteed compJetion by this date. Time is of the essence of this Agreement, and Contractor agrees all Services will be complete on or before April 1, 2019.

m. AGREEMENT, Paragraph 4. The total compensation payable under this Agreement shall not exceed $246,893 without the prior written approval of Northern Water. · Northern Water agrees to remit payment for of a11 materials and services billable through November 30, 2018, in the amount of$162,396. This payment is not considered a finaJ payment and in no way releases Contractor from the obligations of the Agreement, as written. Northern Water shall make fina] payment of all remaining amounts due under this agreement ($84,497, or as otherwise agreed upon by the parties in a written and executed Amendment or Change Order) upon final completion of the Services and acceptance of the same by Northern Water.

IV. BOND, paragraph 12. Contractor's Materials and Payment Bond will remain in full force and effect until final completion of the Services and acceptance of the same by Northern Water.

1N WITNESS WHEREOF, Northern Water and Contractor have executed this Amendment No. I on the date first set out above.

Page 1 of2


NORTHERN COLORADO WATER CONSERVANCY

DISTRICT

B~ - ---Q ~ y ~ . General Manager

Date: I

EATON CORPORATION

By:

Title:

Date:

Page2 of2


0 THERN COLORADO CONSERVA CV

Wllo Creek Snubber Install Eaton Proposal Number DNK4-181120-05-DJE December 3, 2018

Presented By. Eaton Corporation Electrical Engineering Services & Systems 8022 Southpark Crcle,Suite 300 Littleton, CO 80120

Contacls:

Eaton Corporation E/ectrical Engineering Service & Systems

Service Sales Representative: Tony Shortino Phone: (M)303--886-1042 Email: [email protected]

Powering Business Worldwide

Eaton Corporation Electrical Engineering Service & Systems

Technical Application Support Engineer: Dave Eglinton Phone:720-476-8257 Email: [email protected]


Table of Contents Table of Contents .......................................................................................................................... 2

Project Summary .......................................................................................................................... 3

Qualifications ................................................................................................................................ 3

Corporate History and Overview ................................................................................................ 3

Financial Reports ....................................................................................................................... 3

Eaton's Electrical Engineering Services & Systems ................................................................... 3

Equipment Bill of Material ............................................................................................................. 6

Scope of Work .............................................................................................................................. 6

Completion .................................................................................................................................... 6

Pricing ........................................................................................................................................... 6

Delivery ............................................................................................................................................ 6

Order Entry ................................................................................................................................... 7

Qualifications / Clarifications ......................................................................................................... 7

Testing Clarifications: .................................................................................................................... 7

Safety Training Of Eaton Field Personnel: .................................................................................... 8

Safety Arc-Flash Provisional Stateanent ....................................................................................... 8

Division Of Responsibility .............................................................................................................. 8

Eaton Responsibilities: ............................................................................................................... 8

Customer WIii Be Responsible For The Following: .................................................................... 8

Proprietary and Confidential Information ....................................................................................... 9

Terms and Conditions ................................................................................................................... 9


Project Summary

Eaton EESS to provide and Install (2) 7.2kV Snubber Assemblies.

Qualifications

Corporate History and Overview

Eaton's Electrical Engineering Services and Systems is a part of Eaton Corporation and is one of the world's leading suppliers of electrical control products and power distribution equipment. With 2017 sales of $20.4 billion, Eaton is a global diversified industrial manufacturer of highly engineered products that serve Industrial, vehicle, construction, commercial, aerospace and semiconductor markets. Principal products include hydraulic products and fluid comectors, electrical power distribution and control equipment, truck drive train systems, engine components and a wide variety of controls. The company has 96,000 employees and sells equipment in more than 175 counb'ies.

Financial Reports

Eaton Corporation (ETN NYSE) is a publically traded company. Our financial reports can be found at: http://www.eaton.com/us/en-us/company/investor-relatlons/investor-toolklt/flnancial-reports/2017-annual-report.html

Eaton' s Electrical Engineering Services & Systems

Eaton's Electrical Engineering Services & Systems (EESS) currently maintains 60 active service locations. We have more than 1500 highly trained professionals trained in:

Tradltlonal engineering and advanced analysis offerings

• Short-circuit analysts

• Arc flash analysis

• Protective device coordination • Load flow analysis / power factor correction study

• Motor starting study

• Harmonic analysis study

• Power quality site surveys and disturbance monitoring

• Substation and ground grid design

• Field harmonic measurements

• Transient stablllty study

• Protection and control design • Advanced design and analysis

• Distribution system design


• Switching transient analysis

• Distribution systems reliability analysis

• Dynamic simulation

• Specialized applications

• Training

Automation engineering: advanced and custom applications

• Power monitoring system (EPMS)

• Monitoring solutions: power quality and energy management

• Motor control center systems integration to parent system

• Control systems / power systems automation

• Programmable logic controller (PLC) automatic transfer schemes

Build • OEM equipment services and upgrades

• Westinghouse/Cutler-Hammer/Eaton/Cooper

• Square D

• General Electric

• ITE/ABB

• Allis-Chalmers/Siemens

• Federal Pacific

Turnkey project and construction management • Single-point responsiblllty throughout the entire project

• Centralized project management group • Standardized documentation practices including scheduling, reporting and project closeout

• Installation services including nationwide-subcontracting capability of all trades with on-site

supervision • Turnkey modular solutions, hydroelectric and synchronous condenser projects

Electrical equipment life extension and modernization • Class 1 breaker reconditioning L V and MV • Solid-state L V trip unit retrofits and upgrades

• L V air replacement breakers

• MV vacuum replacement breakers

• LV-VSR (breaker to motor starter replacements)

• MV-VSR • Upgrade equipment front door metering and relaying

• Horizontal main bus upgrades

• High resistance grounding systems

• RPR-2 remote power racking systems

Support • Turnkey solutions

• Multi-vendor equipment supply chain

• Supply of the complete range of Eaton products


• Coordination and purchase of all third-party customer preferred components

• Prefabricated control house

• Modular collector substation

• . Utility grid management and monitoring systems

• Demand management

Start-up and commissioning • Acceptance testing and installation certification

• Ground fault certifications

• Interconnect confirmation and commissioning

• Utility integration

• Warranty extension

• Installation support and supervision

• Start-up and training

• Ground grid testing

Preventive and predictive maintenance • PM program design and Implementation

• Periodic testing and PM services

• Thermographic survey

• Troubleshooting/testing

• DC power systems

• Predictive diagnostic / partial discharge

• Transformer oil processing

Maintenance and emergency services • Complete scope of testing, repair and evaluation

• ShorVlong-term maintenance contracts

• 24/7 remote monitoring support

• Crisis response personnel dispatch

• Monitoring of relaying, metering, HV, MV and LV equipment and transformers

The average years of experience of our field personnel Is - 12 to 15 years. Our organization Is committed to providing the highest quality services, while providing advanced product-based solutions.

In addition, Eaton's Electrical Engineering Services & Systems has addressed concerns and issues of our customers, with the following programs. These programs will establish a new level of field engineering service quality standards.

• Local audits to ensure personnel and standardized procedures are adhered to. Many industry groups do not, or cannot provide such division-wide audits.

• Our Service group is responsible for continuous product improvement; therefore it is our responsibility to identify any potential product deficiency. We are. independent from this standpoint, and have a greater motivation to identify problem areas. Our standardized reports and company-wide equipment database tracking system will provide the needed reliability indexes to set base-line performance and efficiently Incorporate Mure predictive maintenance programs.

• All of our personnel are trained, with lead personnel having extensive field service and project management experience. We conduct our own internal personnel reviews, training and


evaluations. Our personnel also benefit from factory training, therefore obtaining a clear understanding of the entire assembly process. This can be very beneficial in the field, during start-up, maintenance, commissioning or trouble-shooting. Direct access to factory personnel Is also an advantage in the efficient commissioning and start-up of power equipment.

Equipment Bill of Material

QTY: 2 - 7.2 kV Snubber Assemblies (1) NEMA 3R Enclosure - Top Hat Design - Dimensions TBD (1) 3 Phase Capacitor, 7.2kV .5 ufd (3) Resistor, 75 OHM, 750W (3) lntennediate Class Surge Arrestors. 3kV 2.55kV MCOV

Scope of Work Eaton Corporation will provide the necessary field service personnel, tools, materials and approved test equipment to perform the scope of work as described herein.

Eaton EESS to install (2) Snubber Assemblies which are to be located on TOP of the the motor where the control Is currently located. Eaton EESS will test the snubber assemblies in accordance with our manufacturing specifications after they have been Installed.

A comprehensive engineering report Including findings, test data, and recommendations will be furnished after completion of work.

Completion Upon completion of the project, Eaton will: • Furnish a comprehensive engineering report Including findings, test data, and

recommendations

Pricing Pricing for the scope of work described above Is $84,497.00 customer nel

Price for the above scope of work is based on performing site work on a weekday-day turn. If the work cannot be performed during regular working hours (6am-5pm) or must be performed on weekends or holidays, you must contact us to adjust the price accordingly.

Delivery

Lead times are approximately 16 weeks from order received to allow for engineered parts, design and shipment.

Please allow 2 weeks for scheduling.

The scheduling of work will be mutually agreed upon between the customer and Eaton's Electrical Engineering Services & Systems.

Material Shipment: Standard way Is L-T-L FOB Factory pre-paid and allowed. FOB Point or Destination Is per Eaton Selling Polley 25-000 and Is a 2% net adder.


Order Entry

Please place your order through any authorized Eaton distributor. To ensure proper order processing, please reference the Eaton proposal number as listed on page 1.

Please place your order to the following:

Eaton Corporation 8022 Southpark Circle, Suite 300 Littleton, CO 80120 Attn: Nicole Shrader, Email: [email protected] Phone: (303) 738-2360 Fax(303)762--0419

Qualifications / Clarifications

• All work to be completed at straight time, Monday through Friday except for scheduled outages as defined in our proposal.

• 3rd party UL Inspection not included. Requirements for UL llsted components are the responslblllty of the end user.

• No time/labor included for site specific training meetings/classes/videos. If required, addltlonal charges will apply and will be bllled separately from this proposal.

• Any significant delays due to adverse weather will result in additional charges. • If straight time work is required to be performed on an overtime basis, Customer will be billed

the difference between the straight time and overtime rate. • Stand-by power needs, If deemed necessary, are not Included. • Applicable fees for outage related costs, including stand-by and re-connect services, are not

Included. • Method of procedure (MOP) development or meeting time not outllned in the scope of work

will be treated as an extra. • Delays beyond the control of Eaton, extras and authorized additional work will be charged in

accordance with the Eaton's Electrical Engineering Services & Systems 2018 Price List PL02700001 E.

• Delay time: If Eaton arrives onsite to perform scheduled work and the work Is cancelled, Eaton will charge for four (4) hours minimum per person, plus travel expenses if no replacement work can be scheduled. If sufficient notice (72 hours) is given to Eaton when canceling scheduled work, no additional charge will apply.

Testing Clarifications:

• All testing will be performed by Eaton's Electrical Engineering Services & Systems (EESS) per Eaton's standard testing guidelines unless otherwise specified. An additional year of warranty shall be provided upon completion of electrfcal testing by Eaton to all Eaton provided equipment.

• All test results will be evaluated in accordance with manufacturer's published data. • Customer to provide trip unit settings and/or relay logic configuration files for protective

devices. Note: Eaton can provide an adder for the required power system studies and input/output logic.

• The isolation of cables for testing will be completed by opening the line and load devices only. No unbolting of cables for Isolation has been included.


Safety Training Of Eaton Field Personnel:

• All Eaton field personnel received training to comply with OSHA CFR1910 Electrical Safety Standard, which sets minimum safety rules and practices for the design, operation, and maintenance of high-voltage systems (over 600 volts}. Safety standards are in place to meet or exceed NFPA 70E requirements, and appropriate Personal Protective Equipment {PPE) have been issued.

• The customer is responsible to ensure that any supporting plant personnel have also be fully trained in electrical safety and provided with the appropriate personnel protective equipment.

Safety Arc-Flash Provisional Statement:

The customer supplied Arc-Flash study along with their labeled equipment to meet NFPA requirements wlll be used to detennlne the Personal Protective Equipment (PPE) required to perform the work required for this proposal. When a current study and labeling Is not avallable, the time required to determine the proper PPE will be at the current rate per hour, unless included within the Eaton scope of work. Eaton will not perform work activities in situations where the proper level of PPE Is not practical. At no time will work be performed when the arc-flash exposure levels are above 40 cal/cm2•

Division Of Responsibility

Eaton Responsibilities: • Eaton will provide you with a minimum notice of 72 hours of intent to service any equipment. • Eaton shall furnish test engineers, field technicians, support personnel, tools, equipment,

materials, supplies and transportation as required. • Eaton will provide and Install safety locks and grounding, as required, and In accordance with

the facility safety guidelines. • Eaton will perform voltage test and install necessary circuit / equipment safety grounds to

assure safe working conditions • Upon completion of work:

1) Eaton wlll remove safety grounds installed by Eaton 2) Eaton wlll remove safety locks installed by Eaton.

Customer Will Be Responsible For The Following: • Providing free access to equipment within their facility. • Ensuring that all equipment is available upon arrival of Eaton personnel, including removal

from service to permit continuous progression of work. Delay time in making equipment available wllf be treated as an extra.

• Identifying site contact for this project. • Providing electricians to remove equipment covers and re-install the same when required. • Coordinating all outages and perform all switching to de-energize and Isolate equipment to be

serviced. • Ensuring that all circuits to be de-energized have been clearly identified and that all plant

personnel and downstream operations are aware of the required outage date, time and duration. This includes maintaining power to vital or necessary plant equipment and processes during the performance of this scope of work.

• Providing a copy of the past maintenance records to Eaton personnel. • Providing manufacturers maintenance manuals upon arrival of Field Englneer/s. • Supplying a complete set of electrical plans, including the plant single-line diagram,

specifications, and any pertinent change orders to Eaton before commencement of work.


• Supply a suitable and stable source of power for operation of test and motorized equipment at

each test site when normal power Is removed or authorize Eaton to obtain a source of auxiliary power, Eaton shall specify requirements. Any non-standard generators rentals will

result In a price adder to this proposal. • Providing a place to receive and unload replacement equipment, test equipment or other

supplies. • Providing special tools supplied by equipment manufacturers.

Proprietary and Confidential Information

This submittal contains Eaton proprietary and confidential lnfonnatlon, which may only be used by

the NORTHERN COLORADO WATER CONSERVANCY (092991) to evaluate and respond to

this submittal. By accepting this submittal from Eaton, NORTHERN COLORADO WATER

CONSERVANCY (092991) agrees to not use this submittal, or any information contained herein,

in any manner adverse to Eaton's interests; to keep in confidence the submittal and an Information

contained; and to not disclose to any third party or publsh this submittal, any portion thereof, or

any information contained herein without Eaton's prior written consent.

Terms and Conditions

Any order arising out of this offer will be governed by the conditions contained in Eaton Selling

Polley 25-000 effective November 1, 2017. Taxes, if applicable, are not included. This offer is

valid for 30 days unless otherwise extended, modified or withdrawn, in writing, by Eaton.

Payments are due and payable net within thirty (30) days from the date of each invoice.

Please reference Proposal number DNK4181120-05DJE on any purchase order issued in

response to this proposal.

It Is a privilege to have this opportunity to be of service. If there ere any further questions or

needs, please contact me at 303-738-2382 or by email at [email protected]. Eaton's

Electrical Engineering Services & Systems looks forward to working with McCullough WTP on this

project. Sincerely,

~:?~ Tony Shortino Seivice Sales Engineer Eaton's Electrical Engineering Seivices & Systems http://www.eaton.com/eess 24-Hour Emergency Seivice: 1-800-498-2678 Attachments: Eaton Selling Policy 25-000


NORTHERN COLORADO WATER CONSERVANCY DISTRICT AND MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT

AGREEMENT OR AMENDMENT SUMMARY Project: Colorado River Connectivity Channel

Entity: District Subdistrict

Activity Enterprise (if applicable): Windy Gap Water Activity Enterprise This is a: New Agreement

Amendment to Existing Agreement Amendment No. Orig. Agreement Date:

Starting Date of This Agreement/Amendment: January 11, 2019_____________________ Completion Date: June 30, 2019 _________________________________________________________ Project Manager/Northern Water Representative: __Joe Donnelly_______________________________

Reviewed and approved by Legal Counsel: TBD_______________________________________ (Name and Date)

Consultant Name: __TBD – Proposals due Jan. 4, selection Jan. 8 Consultant Address: _TBD_________________________ Phone: TBD_______________________ __________________________ Fax: TBD _______________________ Key Personnel for Contractor: _TBD_______________________________________________ Is this in this year’s budget? x Yes or ____No Amount of This Agreement/Amendment (Indicate A or B)

A. Not to Exceed Amount: B. Estimated Agreement Amount:

Existing Agreement Amount (if applicable): Total Revised Agreement Amount:

Fund: Windy Gap – pass-through of funds from NRCS funding___ $ Expected: $200,000-$300,000 $ $_______________________

The following insurance certificates will be submitted to Northern Water upon contract approval: Workers’ Compensation Insurance in amounts prescribed by applicable statutes.

Employers' Liability Insurance of at least $1,100,000 per occurrence and in the aggregate. Comprehensive Commercial General Liability Insurance, including blanket contractual liability, with coverage limits of at least $1,100,000 per occurrence for bodily injury and property damage, $1,100,000 general aggregate, $1,100,000 products liability and completed operations coverage, and $1,100,000 personal and advertising injury limit. Business or Commercial Automobile Liability Insurance for owned and non-owned vehicles with combined single limits of coverage of at least $1,100,000 per occurrence and in the aggregate.

Consultant Errors & Omissions Insurance in the amount of at least $1,100,000 per claim and in the aggregate.

Planning Session Agenda and Materials

January 3, 2019

Colorado River Connectivity Channel Comprehensive Engineering Evaluation of the Windy Gap Dam

I. DRAFT Scope of Services: The Consultant shall provide a detailed scope of work with their proposal. The Scope of Services shall include the following tasks: Task 1: Project Management Project management approach describing how the consultant will manage cost, scope, schedule, and quality.

Task 2: Data Collection and Site Visit Collection and examination of all information and records necessary to complete the scope of services. Collection will include information available on public websites, through the Enterprise or through other government agencies. The Enterprise will make the following documents available to the selected consultant: • Windy Gap As-Built Drawings (1985) • Windy Gap Design Reports (Volumes 1, 2 and 3) (1977) • Windy Gap Flood Hydrology (1979) • Windy Gap Incremental Flood Study (1981) • Emergency Action Plan (2012) • Windy Gap Connectivity Channel Conceptual Design Documents (Tetra Tech 2015 and 2017) • Dam Safety Inspection Reports (SEO, 2017; Conduit and outlet inspections (2016) • Information on upstream reservoirs and trans-basin diversions relevant to developing flood

hydrology, such as stage-storage-discharge relationships and standard operating procedures Conducting an inspection of the Windy Gap Dam and conduct a site reconnaissance trip to the Upper Colorado River headwaters, accompanied by Enterprise personnel. Photographic documentation of the downstream floodway should be collected to be included in the hazard classification and incremental damage assessment reports. The site visit will include at least: • Physical inspection of the Windy Gap Dam, Spillway, and Outlet Works (no conduit inspections

required) • Familiarization with Windy Gap Dam and Pump Station operations. • Windshield review of potential inundation area downstream of Windy Gap (houses, highways and

highway bridges, railroad embankments and bridges and natural hydraulic constrictions). • Review of available stream gauging sites in the Colorado and Fraser Rivers • Familiarization with Granby Dam and Spillway and opportunity to discuss spillway operations with

operators. • Familiarization with Willow Creek Dam and Spillway. • Familiarization with Shadow Mountain, Grand Lake and West Portal facilities. Task 3: Comprehensive Engineering Report Prepare a comprehensive Engineering Report of the existing Windy Gap dam and appurtenances. The report will be the basis for documenting whether the existing infrastructure meets NRCS dam safety


standards provided in NRCS Technical Release 60 and SEO Rules and Regulations. The review should consider available design documentation of the relative to the hydrologic, hydraulic, structural and geotechnical analyses. The Report should provide:

• A description of the physical condition of the existing Windy Gap Dam. • An interpretation of any features at the existing Windy Gap Dam that do not meet NRCS or SEO

criteria based on available documentation. • A summary of additional analysis necessary to confirm whether existing infrastructure meets NRCS

or SEO criteria and a cost estimate to complete those analyses. • A summary of any rehabilitation work at the existing Windy Gap Dam necessary to meet NRCS or

SEO criteria, including a conceptual level cost estimate to complete upgrades. Present the draft results to Connectivity Project partners at the NRCS office in Lakewood, Colorado. Stakeholders may authorize additional engineering analysis or investigations as recommended in the draft report prior to finalizing the Comprehensive Engineering Report. Submit the Final Comprehensive Engineering Report. Recommend instances where the NRCS could consider waivers from any applicable NRCS criteria; where infrastructure or analysis may not meet NRCS descriptive criteria but where the Engineer feels there is no dam safety concerns and items meet SEO criteria. Task 4: Flood Hydrology and Dam Breach Analyses Initial communications with NRCS have indicated that the hazard classification and emergency action plan for the existing Windy Gap Dam need to be updated. Pending outcome of the hazard classification and Comprehensive Engineering Report, it may also be necessary to update the flood hydrology and incremental damage assessment. For purposes of this scope work, please assume the following scope of work.


Task 4.1: Methodology Statement Provide a memorandum summarizing guidance documents that will be used to conduct the analyses described in Task 4. Describe any differences or conflicts between NRCS and SEO criteria that need to be coordinated and agreed upon by the agencies. Host a webinar to present the proposed methodology, including discussing any differences in methodologies, and reach agreement with stakeholders on your approach.

Task 4.2 Dam Breach Modeling and Inundation Mapping Conduct dam breach modeling and inundation mapping for the existing dam, as well as the action alternative with the connectivity channel. Generally, the action alternative includes a smaller normal-pool storage volume but with elimination of the low block spillway, effectively raising the spillway invert by one foot. The proposal should address the following:

• Model selection relative to the site-specific conditions and regulatory requirements. • Describe dam breach methodology and how parameters will be developed based on accepted

guidance and site-specific conditions. Provide a sensitivity analysis of dam breach methodologies and parameters.

• The assumed termination point of inundation mapping should be clearly stated and explained; including assumptions indicating where you expect the flood wave to be contained safely within the river channel based on NRCS and SEO criteria.

• Evaluation of potential downstream hazards, including estimates of the population at risk and loss of life analysis using standardized NRCS methods.

• Dam breach analysis of sunny day and other flooding scenarios, as necessary, to develop the hazard classification, incremental damage assessment and emergency action plan according to NRCS and SEO standards. Inundation mapping should be presented on 11x17 sheets and plotted over aerial imagery. The maps should include a legend, table with vital statistics at critical downstream cross sections including time to flood arrival, time to peak flooding, as well as peak flooding depths and velocities. Infrastructure such as homes, businesses, roads, other dams, etc. impacted by flooding should be clearly called out on the maps and estimated depths of flooding in these areas should be provided.

• Document results and assumptions in a Dam Breach Modeling Report.

Task 4.3: Hazard Classification Develop a hazard classification for both existing and proposed conditions of the Windy Gap Dam. The hazard classification report should differentiate between SEO and NRCS interpretation if necessary. The report should clearly recommend a hazard classification for the dam according to SEO and NRCS criteria. Based on the hazard classification, report tabulated spillway discharge criteria for both eh SEO Inflow Design Flood (IDF) and NRCS Freeboard Hydrograph (FBH). Address project partners review and comments. Task 4.4: Flood Hydrology

Develop flood hydrology that can be used for design of future improvements to the dam according to SEO and NRCS criteria. Hydrologic analysis should include analysis of smaller floods (2-year up to 500-year events) as well as Probable Maximum Flood (PMF) hydrology. Additional storm events (such as a 50% Probable Maximum Precipitation) may be required pending outcome of the Hazard Classification. The proposed scope of work should carefully consider the large drainage basin including at least the following:


• Provide a brief narrative discussing the existing flood hydrology study and any differences between the previous and current states of the practice. Provide a recommendation on whether the consultant thinks its necessary to update the 1979 flood hydrology for Windy Gap Dam to meet SEO and NRCS criteria.

• Consideration of the effect of high elevation and aerial reduction necessary to reasonable represent extreme flooding in the drainage basin.

• Describe your approach to simulating snow melting and/or a rain-on-snow runoff condition. • Inclusion of trans-basin diversions including the Grand River Ditch as well as the Adams and Moffat

Tunnels. • Inclusion of major reservoirs and attenuation within the drainage basins, including the gated spillway

Granby Reservoir. • The new state-wide site-specific PMP analysis completed by the SEO. Compare this analysis to other

references, such as a PMPs developed using HMR-49. Provide a recommendation for PMP to be used in the analysis and provide a process for received approval for using the recommended PMP by both the NRCS and SEO prior to adoption in the hydrologic analysis.

• Conduct flood frequency analysis of existing stream gauging data and calibrate the hydrologic model, if possible, to observed conditions.

Task 4.5: Incremental Damage Assessment Pending results of the Hazard Classification and Flood Hydrology, an Incremental Damage Assessment (IDA) for Windy Gap may be helpful in identifying applicable design criteria for the spillway. This task includes development of an IDA for Windy Gap Dam. Based on results of the IDA, provide a recommendation for the inflow design flood (IDF) hydrograph to be used for the Connectivity Project. Provide an assessment as to the adequacy of the existing spillway to safety pass the IDF. Task 4.6: Emergency Action Plan Develop an Emergency Action Plan (EAP) for the existing Windy Gap Dam. The EAP should be based on a template that is acceptable to both the Grand County Emergency Manager, Enterprise, NRCS and SEO. As a minimum, the EAP should include: emergency condition detection, emergency level determination, notification and communication, expected actions and inundation mapping. The Consultant should plan on facilitating one meeting with Enterprise personnel including our engineering group, emergency management group and west-slope operators at the Windy Gap facility prior to finalizing the EAP. No table-top exercise is required at this time; however, may be amended to the scope of work later. Task 5: Reservoir Sedimentation Analysis Provide a memorandum documenting anticipated sedimentation, dredging frequency and dredging costs for Windy Gap operations for both the existing conditions and action alternative scenarios. The sedimentation study should be completed in accordance with National Engineering Handbook (NEH) Section 3 Sedimentation. The Enterprise has bathymetric surveys and associated stage-storage curves generated from 1985 as well as 2016 which can inform, or be used as the basis for, the sedimentation study. Results of the sedimentation analysis will be used in the Watershed Project Plan-EA economic evaluation, as well as help to satisfy TR-60 criteria discussed in the Comprehensive Engineering Evaluation. Deliverables


All deliverables shall be signed and certified by a Professional Engineer licensed in the State of Colorado. Deliverables should be closely coordinated with the Enterprise for internal review and comment prior to submittal to the Connectivity Project partners. Deliverables should be submitted in draft format to the NRCS and SEO for review. Comments should be addressed and agreed upon by stakeholders prior to finalizing deliverables.


Meetings Proposals should include an allowance for project meetings. Meetings assumptions should be provided in the proposal and should coincide with project milestones and will include at least:

• Project Kick-off meeting, during site visit to Windy Gap on the western slope. • Present Comprehensive Engineering Report at the NRCS state office in Lakewood, CO. • Present Dam Breach Analysis Results, Hazard Classification, Flood Hydrology and IDA at the

NRCS state office in Lakewood, CO. • Emergency Action Plan review meeting with the Enterprise in Berthoud, CO Bi-weekly conference calls should be assumed for project status updates.


09/16/16


AGREEMENT OR AMENDMENT SUMMARY

Project: Consulting services for financial software upgrade.


Activity Enterprise (if applicable): This is a: New Agreement Amendment to Existing Agreement Amendment No. Orig. Agreement Date:

Starting Date of This Agreement/Amendment: December 20, 2018 Completion Date: June 1, 2019 Project Manager/Northern Water Representative: John Budde

Reviewed and approved by Legal Counsel: Michael Kopp on 11/26/2018 (Name and Date)

Consultant Name: RPI Consultants Consultant Address: 101 N. Haven Street Suite 201 Phone: 410-276-6090 Baltimore, MD 21224 Fax:

Key Personnel for Contractor: Marty Boland Is this in this year’s budget? Yes or ____No Amount of This Agreement/Amendment (Indicate A or B)

A. Maximum Transaction Fee: B. Estimated Agreement Amount:


Fund: District $70,000 $ $ $_______________________

The following insurance certificates will be submitted to Northern Water upon contract approval:

Workers’ Compensation Insurance Employers' Liability Insurance at $1,000,000 per occurrence and in the

aggregate. If other than $1,000,000, enter amount: $ Commercial General Liability Insurance at $1,000,000 per occurrence and in the aggregate. If other than $1,000,000 enter amount: $ Automobile Liability Insurance at $1,000,000 per occurrence and in the

aggregate. If other than $1,000,000 enter amount: $ Consultant Errors & Omissions Insurance Amount: $


January 3, 2019

RPI Consultants Proprietary and Confidential Northern Water

Conservancy District

RPI Consultants 4

Overview Northern Colorado Water Conservancy District (Northern Water) is a public agency created in 1937

to contract with the federal government to build the Colorado-Big Thompson Project.

Northern Water uses Infor’s Lawson financial products for financial and management accounting

and is considering an upgrade to its financial accounting software in 2019, specifically to Infor’s

Multi-tenant CloudSuite Financial version 11 and expects to utilize professional consulting services

for conversion strategy and planning, account structure guidance, process development and

implementation. With this enhanced software, Northern Water is striving for the following

enhanced functionality:

Standard financial statements based on general ledger data as well as income statements

based on Project Accounting data

Efficient Interzone balancing

Efficient processing of accounting transactions including dashboard processing guides

Manager access to dashboard reporting with interactive drill down capabilities

Budget tool with a capital project prioritization system and automated overspending alerts

Streamlined supply chain and contract management for projects

Interface payroll transactions from Infor Lawson payroll to CloudSuite Financials until Infor’s

Global HR system with payroll functionality is available

Infor Birst Business Intelligence Dashboard

Indirect cost allocation processing

Grant billing functionality for cost reimbursable contracts

In order to facilitate future decisions on migrating to Infor’s Multi-tenant CloudSuite Financial

solution, Northern Water seeks to conduct a preliminary “Sandbox” exercise to simulate a custom

conversion on a small sample scale. This is needed to better prepare and plan for the full

implementation of Infor’s CloudSuite Financial version 11 software.




RPI Consultants 5

Services in Scope The following objectives provide detailed descriptions of the services that are in scope and will be

completed during this engagement. Any services not explicitly defined in this section will likely be

considered out of scope and billed as incurred. Significant changes in scope may be estimated

separately and executed through a scope change document.

Project Scope

RPI will support the following requirements as outlined by Northern Water:

Provide Super User Training on CloudSuite v11 Financials

Provide a review of the new Infor dimension options and how they might enhance/improve

the current structure, so Northern Water can make the appropriate decisions on the new GL

and Project Accounting structure.

Review standard processes and reports to understand how accounting data is being

collected, processed and distributed via reports or other methods.

Assist Northern Water staff in design of v11 “to be” account structures leveraging

dimensions as needed to attain the Northern Water’s Financial Accounting Objectives

described.

Build out Company/Accounting Entity Infrastructure in Sandbox.

Map Covert Transactional General Ledger and Project Accounting Data into CloudSuite v11

Sandbox environment (2 years of GL and AC Trans).

Provide training on delivered reports, Self Service BI tools and Application Studio.

Provide limited support for Custom Report development as needed.

Document findings and recommendations.

Provide review of v11 interzones and discuss how the functionality could enhance/improve

accurate reconciliation and reporting.

Services Provided

RPI provides the following services:

Project management services

o Provide management of the RPI team

o Project Planning, to include development and updating Project Work Plan

o Track risks and issues

Technical Services

o Guidance and advisory on technical topics throughout project as needed

o Lead role in Data Conversions

o Application Studio Training and Advisory Role in Custom Report Development

Functional Services

o Provide Super User Training

o Conduct GL and Project Accounting Functional workshop and develop future state

Account Structure

o Configure Sandbox based on design requirements




RPI Consultants 6

o Provide Reporting overview and guidance

o Support Northern Water in troubleshooting issues as needed

o Document findings and recommendations

Training Scope

RPI will provide all core application Super User Training on-site at Northern Water. This assumes full

eight-hour days of focused participation. The actual training schedule will be developed during the

Planning phase of the project. Super User Training will cover:

Global Ledger

Project Ledger

Payables Management / Cash Ledger

Billing and Revenue

Interzones

Conversion Scope

Data Scope Additional Notes / Assumptions

GL Trans

2 years We have scoped the effort to conduct one full

conversion of GL transactions. Additional

conversions will require additional consulting

effort.

AC Trans

2 years We have scoped the effort to conduct one full

conversion of AC transactions. Additional

conversions will require additional consulting

effort.

Conversion Scope Responsibilities

Activity Responsible Key Assumptions Description

Extract data

from 3rd party

applications

(where

applicable)

Northern Water Northern Water has tools and the

competency to extract or obtain data

from 3rd party systems.

All activities involved in getting

data from 3rd party Northern Water

solutions into the appropriate

cleansing tools.

Migration

Strategy and

process

description

RPI & Northern

Water

Northern Water has suitably qualified

personnel that have experience and

knowledge of existing data to provide

mapping support.

Defines how the process is going

to be managed and routines used.




RPI Consultants 7

Interface Scope

No interface development is anticipated as part of this engagement.

Workflow Scope

No workflow development is anticipated as part of this engagement.

Transform and

Upload Data

RPI RPI will take primary responsibility for

data conversions.

S3 data is transformed into the

new data base structure. New

fields are created and populated.

Data Validation Northern Water Northern Water will be responsible for

data validation.

All data fields will be reviewed by

the appropriate qualified business

owner to ensure that data is

accurate and meets the business

requirements.




RPI Consultants 8

Configuration Console Application and Security Scope

No configuration or security development is anticipates as part of this engagement.

Reporting Scope

Full testing, training, and best practice utilization of standard Talent Acquisition reports are included

with the implementation of core application functionality.

Any reporting requirements that are not enabled by Infor standard reports will be considered

custom reports.

A set number of consulting hours have been included and allocated in this proposal for the RPI

Team to support, provide advisory services and/or develop specific custom reports.

Additional Project Assumptions

RPI will build out Sandbox and support conversions for a single GL/AC Company (Accounting

Entity). Additional companies may be configured by the Northern Water team if desired.

Project Accounting (AC) data to be converted is assumed to be in a similar structure and

format in both systems. If design decisions are made that result in a different structure, or

any other transformation or conversion challenges, Northern Water will need to take

responsibility for providing an upload ready set of data or authorize RPI to increase

consulting effort and cost.




RPI Consultants 9

Project Approach RPI believes strongly in an organized, intuitive, and milestone-based methodology. The

recommended implementation approach summarized below is intended to minimize risk and the

potential of any disruption to current operations. While our recommended approach is guided by

previous experiences and our conversations to date with Northern Water Conservancy District

process owners, we understand that this approach may require fine-tuning to best suit Northern

Water Conservancy District’ requirements. As such, the RPI Project Manager will partner with

Northern Water Conservancy District leadership team to establish a baseline plan that clearly

defines a project roadmap, then work with project stakeholders throughout the project lifecycle to

make sure each deliverable is a foundation upon which future project progress can be built.

Phase 1 –Planning

The primary objective of this phase is to launch the project in a way that increases the likelihood of a

successful outcome. This includes confirming and refining project scope, establishing the project

structure and project management tools, scheduling resources, and communicating expectations

with project stakeholders.

Phase 2 –Design

Super User Training

The CloudSuite design and configuration process is best completed with Infor-trained and engaged

Super Users. This enables knowledgeable team members, with guidance and leadership from RPI, to

make the setup and design decisions that will best enable Northern Water to achieve their

CloudSuite business goals. RPI’s Lead Consultants will deliver focused Infor training to the respective

team members.

Future State Design

Traditionally, the Design Phase defines in detail the desired end state for all the various applications

and technologies that will be implemented. It accounts for all business procedures that will need to

be performed in the various application systems.

Following super user training on CloudSuite Financials, the RPI team will facilitate an onsite

workshop to review current GL and Project Accounting configuration, requirements and pain points

with key Northern Water stake holders. The RPI team will provide a detailed review of the new Infor

dimension options and how they might enhance/improve the current structure, so Northern Water

can make the appropriate design decisions.

Phase 3 – Sandbox Configuration and Validation

The primary objective of this phase is to validate future state design.

Sandbox Configuration

Based on outcomes from Design, RPI will ensure that Infor CloudSuite is configured with appropriate

setup options. In addition, the RPI team will perform data conversions for General Ledger Detail.




RPI Consultants 10

Reporting Workshop

The RPI team will provide Northern Water with an overview of delivered reports and Self Service BI.

Additionally our experience is that there is a tremendous opportunity for organizations to empower

business users to query and access information directly from the system by leveraging list based

views and Spreadsheet Designer. Northern Water will provide examples of current and desired

future reports. These will be compared to standard system-generated Infor reports, and any gaps

will be noted.

A set number of consulting hours have been included and allocated in this response for the RPI

Team to support, provide advisory services and/or develop specific custom reports.

Phase 4 – Findings and Recommendations

Upon completion of the Sandbox build and reporting workshop the RPI team will gather input from

document findings and recommendations.




RPI Consultants 11

Tools and Methodologies

Tools used to facilitate open communication, team collaboration, issue reporting/resolution,

document sharing, and tracking of project team progress towards clearly defined milestones and

deliverables will be adapted as appropriate to meet the culture and existing PMO methodologies in

place at Northern Water Conservancy District. RPI will also provide leadership in this area, based on

our deep experience in managing and facilitating complex projects that require collaboration and

transparency. In some cases, RPI works with clients that have their own internal SharePoint (or

other) systems for managing project activity and issues. In other cases, RPI has experience with and

will leverage, at no charge, collaboration tools and methodologies, which in many cases include:

SmartSheet – An on-line project collaboration portal offering file sharing, decentralized

maintenance of detailed project plans (Gantt charts, task lists, etc.), resource management,

and reporting

Trello – Agile project management tool used internally at RPI and available for project work

teams

Cayzu – A SaaS model ticketing and incident management system – primarily used at RPI for

Managed Service ticketing and SLA management

GoToMeeting – Each RPI team member has a GoToMeeting account which can be used to

facilitate conference calls or remote working sessions with screen-share

Zoho Reports – Online report/BI solution used internally at RPI to report primarily on

ClickTime data and/or SmartSheets applets for dashboard views

Slack – cloud based set of team collaboration tools, used internally at RPI to facilitate virtual

office

Skype for Business (formerly Lync) – virtual office platform used internally at RPI for voice,

telephone, and screen-sharing

Project Health Check – Facilitated dialog at key project milestones to share insight on how

this project compares to success indicators of similar projects RPI has managed

Infor® Deployment Method (IDM) - A single, unified implementation methodology used for

all cloud, hosted, and on-premises Infor implementation projects.


https://www.smartsheet.com/

https://trello.com/

https://www.cayzu.com/

https://www.gotomeeting.com/

https://www.zoho.com/

https://slack.com/

https://www.skype.com/en/

https://youtu.be/GZcBhNU6Ric

https://www.infor.com/content/whitepapers/deployment-method.pdf/



RPI Consultants 12

Estimated Project Effort Based upon the approach and scope presented in this Quote, the estimated consulting effort by task

is listed below.

Work Effort Estimate by Tasks

Estimated Effort by Task Hours Estimate

Project Management 40

CloudSuite Super User Training Prep & Delivery 64

Global and Project Ledger Design Workshop and

Recommendations 64

Sandbox Build 48

GL Transaction Conversions 64

Reporting Workshop 32

Custom Report Development 40

Findings and Recommendations 24

TOTAL Estimated Hours 376

Professional Service Estimates by Role

Project Role Resource Level

Standard

Hourly

Rate

Discounted Hourly Rate

Estimated Hours

Estimated Cost

Project Manager Senior Consultant $195 $185 40 $7,400

Lead Financials Consultant Senior Consultant $195 $185 200 $37,000

Lead Technical Consultant Senior Consultant $195 $185 136 $25,160

TOTAL ESTIMATED 376 $69,560


10/26/18


AGREEMENT OR AMENDMENT SUMMARY Project: Forest Management – Rocky Mtn. Ntnl. Park Hollowell to FRE Fuel Break


Activity Enterprise (if applicable): _____________________________________________ This is a: New Agreement Amendment to Existing Agreement Amendment No. Orig. Agreement Date:

Starting Date of This Agreement/Amendment: ___January 15, 2019________________________ Completion Date: _December 31, 2019______________________________________________ Project Manager/Northern Water Representative: _Keith Stagg________________________________

Reviewed and approved by Legal Counsel: ____Lisa Thompson, 09/11/18_____________ (Name and Date)

Consultant Name: Rocky Mountain National Park Consultant Address: 1000 Highway 36 Phone: (970) 586-1287 Estes Park, CO 80517 Fax: Key Personnel for Contractor: Mike Lewelling, Fire Management Officer

Is this in this year’s budget? X __ Yes or ____No Amount of This Agreement/Amendment (Indicate A or B)



Fund:_ __________ $85,000 $ $ $_______________________

The following insurance certificates will be submitted to Northern Water upon contract approval: Workers’ Compensation Insurance in amounts prescribed by applicable statutes.

Employers' Liability Insurance of at least $1,100,000 per occurrence and in the aggregate. Comprehensive Commercial General Liability Insurance, including blanket contractual liability, with coverage limits of at least $1,100,000 per occurrence for bodily injury and property damage, $1,100,000 general aggregate, $1,100,000 products liability and completed operations coverage, and $1,100,000 personal and advertising injury limit. Business or Commercial Automobile Liability Insurance for owned and non-owned vehicles with combined single limits of coverage of at least $1,100,000 per occurrence and in the aggregate.



January 3, 2019

Exhibit 1 - Scope of Work

Re: Agreement between Northern Water and Rocky Mountain National Park

For Fuels Reduction in 2019

Northern Water is providing Rocky Mountain National Park {RMNP), $85,000.00 to complete at least 80 and up to 100 acres of wildfire mitigation forest thinning (fuels reduction) inside the roadside hazard fuels reduction projects of "Upper Bear Lake" and "Hollowell to FRE" referred

to here as "The Project." This is a mutually beneficial project that will reduce risk to watershed

and forest health near critical infrastructure and within watersheds that contribute to the

Colorado-Big Thompson Project. This project is also a priority for hazardous fuels reduction for RMNP to reduce risk in the wildland-urban interface. This project is in alignment with goals and objectives of the 2017 lnteragency Memorandum of Understanding (MOU) which Northern Water and RMNP are signatories.

This project is approved in the 2012 RMNP Fire Management Plan and associated Environmental Assessment and represents a continuation of ongoing park fuels reduction

efforts.

The objective of this fuels reduction project is to generate a barrier to unwanted wildfire spread. The project will provide the added value limiting unwanted fire effects in the watershed. The specifications are designed to reduce the potential for crown fire, reduce the potential for torching and subsequent spotting over roads and trails, reduce flame lengths to levels fire fighters can easily handle, and to reduce the duration of burning. Other specifications

are designed to protect natural resources.

Specific Ob jectives:

These objectives will be accomplished by a combination of contractors and crews established by the park. The work entails crews using chainsaws to cut the material and stacking it by hand. Most material will need to be hauled away to a burn pit. Park fire personnel will burn the piles 1-2 winters later when weather conditions conform to requirements of the park-wide pile burn plan. Some wood may be utilized through fire wood permits.

Road Side Specifications •

• •

•

•

Retain al/ live aspen and live limber pine that will not impact the road. Remove all dead and hazardous trees that may impact the road Remove 90-100% of brush taller than 2 feet within 10 feet of the road. To prevent erosion, brush will not be removed in sections where the slope exceeds 75% and significant ground cover is absent. Remove 90-100% of live trees with DBH less than 15 inches between the white line and 20-40 feet of the road. Avoid the appearance of a tree wall parallel to the road by varying the removal distance between 20-40 feet and leaving clumps. Do not remove trees that have significant wildlife values or historic values. Remove 90-100% of all trees less than 25 feet tall between the white line and 20-40 feet of the road. Avoid the appearance of a tree wall parallel to the road by varying the

7


removal distance between 20-40 feet and leaving clumps. Do not remove trees that have significant wildlife values or historic values. Great focus should be placed on removing all tree seedlings and tree regen now prior to growing into significant volumes of work in the future.

The Entire Project Area • • •

•

•

Do not cut live limber pine or live aspen . Remove recently fallen branches Limb 90-100% of remaining trees so that remaining branches are at least 6 feet above ground level. When a branch starts more than 6 feet above ground level and drops below the five foot level, the branch should be cut were it enters the 6 foot level or the best aesthetically acceptable level above. To help avoid tree mortality and avoid poor tree forms no more than a third of any tree should be limbed. Remove 90-100% of brush, small trees and ladder fuels taller than one foot within the drip line of the remaining trees and out to four feet beyond the dripline. Since these areas are highly visible, all reasonable efforts will be made to maintain aesthetically pleasing tree forms and minimize the visual evidence of the disturbance. These efforts will include cutting tree branches flush with the stem or at branch junctions. In addition stumps will be Jess than 2 inches in height. All other saw cuts should be removed or burned.

Stream Side Specifications • No work will be conducted within 10 feet of the cut bank of the streams • Avoid cutting any willow, birch, aspen, or other high water content vegetation along the

stream

8


Hollowell to FRE Road Buffer Fuels Reduction

Deer Ridge Jct .

•

0 0.5 1

9

s \ .. ; Legend

• Structures

RMN Pbndryline2014

Trails

-- Main Roads

-- All others


Bear Lake to Hollowell Road Buffer Fuels Reduction

Blue Cross Hatch= 200 ft Road Buffer 320 Acre Fuels Treatment Area

Legend

. ••

0 0.5 1

10

R Bear_lake_200Rdbu

• Structures

RM N Pbndryline2014

Trails

2 Miles




Project: NISP Environmental Compliance Services Entity: District Subdistrict

Activity Enterprise (if applicable): NISP Water Activity Enterprise This is a: New Agreement Amendment to Existing Agreement Amendment No. Orig. Agreement Date:

Starting Date of This Agreement/Amendment: January 11, 2019 Completion Date: January 31, 2020 Project Manager/Northern Water Representative: Christie Coleman

Reviewed and approved by Legal Counsel: (Name and Date)

Consultant Name: Engineering Analytics, Inc. Consultant Address: 1600 Specht Point Road, Suite 209 Fort Collins, CO 80525 Fax:

Key Personnel for Contractor: Clint Brown Is this in this year’s budget? _X__ Yes or ____No Amount of This Agreement/Amendment (Indicate A or B)



Fund:_NISP Water Activity $ 404,244 $ $ $______________________

The following insurance certificates will be submitted to Northern Water upon contract approval:

Workers’ Compensation Insurance Employers' Liability Insurance at $1,000,000 per occurrence and in the

aggregate. If other than $1,000,000, enter amount: $ Commercial General Liability Insurance at $1,000,000 per occurrence and in the aggregate. If other than $1,000,000 enter amount: $ Automobile Liability Insurance at $1,000,000 per occurrence and in the

aggregate. If other than $1,000,000 enter amount: $ Consultant Errors & Omissions Insurance Amount: $1,000,000


River Diversion Design Services Scope of Work

The project approach consists of the field work and research, alternatives analysis, and preliminary design. The following section describes each task in more detail. Task A – Project Management Plan Engineering Analytics will develop a project management plan specific to this project following the NISP project management plan template. Engineering Analytics’ approach to project management follows closely with the Project Management Institute (PMI) and our project managers have been trained by PMI accredited agencies. With any project management plan, communication between the project manager and the client are paramount and with that in mind the EA project manager will work to communicate with Northern Water on a frequent basis to ensure that both parties are aware of project progress. Work Breakdown Structure: Prior to the Kickoff meeting the EA team will review the tasks and break them down into individual project deliverables, a preliminary Work Breakdown Structure (WBS). Following the development of preliminary WBS the EA project manager will review the WBS with Northern Water and ensure that all task aspects are covered. With the Northern Water comments on the WBS, EA will develop a detailed schedule based on the tasks in the RFP and deliverables highlighted in the WBS. The detailed schedule will highlight target milestones and target completion. During duration of the project, the EA project manager will review the completion of each WBS task on a weekly basis and discuss those items with the team and sub-consultants during weekly project meetings. EA will use either Primavera or Microsoft Project, based on the preference of Northern Water, to track the schedule. Communication: Our project manager will be in continuous communication with the Northern Water project manager and staff as the project progresses. We anticipate weekly teleconferences and frequent emails. The EA project manager will lead the project meetings including the preparation of agendas and distribution of notes. There will be written progress reports submitted with invoices for services. All communication with the client from the team will be channeled through the EA Project Manager. The weekly collaboration meetings will be used as a time for the project team to discuss and measure progress along with discussions of problems and resolutions. The weekly meetings will be held in Engineering Analytics’ Fort Collins office and via GoToMeeting for off-site collaboration with sub-consultants and Northern Water participants. In addition to the weekly collaboration meetings, The EA team will also have bi-weekly project meetings with Northern Staff at the Northern Office to discuss project schedule, deliverable status, issues/concerns, resolutions, and information from Northern Water. The project schedule will be updated for this meeting and shared electronically with the participants. Invoicing: Invoicing will be completed on a monthly basis, the invoices will document the hours spent toward each task and the progress toward completion. On a monthly basis EA will use the


data gathered through the progress meetings to generate a monthly report that documents what was accomplished; what is anticipated during the next period; deliverable status, issues/concerns, information needed from Northern Water; and the invoice including percent spent. These documents are meant to communicate to Northern Water regarding the status of the project on a monthly basis. Cost Control: Costs are managed on a weekly basis using output from our cost accounting software, BillQuick. We are able to make corrections to level of effort based on progress in real time with the information obtained from the accounting software. Change Order Management: Changes in scope will be discussed between EA and Northern Water prior to commencing out of scope work. After discussing the new work to begin, EA will present to Northern Water a proposed fee schedule and a schedule for the work to be done. To avoid conflicts, EA will not work on the new scope without prior approval in writing from Northern water. QA/QC: The work will be performed under the EA QA/QC plan so that it meets both our client’s and our internal expectations. Our project manager is responsible for the QA/QC completion during the project. The QA process for client deliverables will include discipline checking of calculations and drawings; independent peer review; and technical editor review before documents are submitted to our client. Safety Plan: Following EA standard procedures, EA will develop a Health and Safety Plan (HASP) for the work that will be conducted in the field with a Job Safety Analysis (JSA) for each task and daily tailgate discussions with EA personnel and any Subcontractors. The HASP, JSA, and tailgate registers will be kept with the Site supervisor during field investigations and made available to Northern for review. Task B – Pre-Design Field Work and Research The project team will gather relevant project information from the client, state, and local municipalities including reports, plans, and existing data to familiarize ourselves with the information available and determine what further information needs to be collected. We will review town maps, right-of-way information, land ownership, survey data, and utility locations, if available. Geotechnical information will be reviewed as well as any hydraulic/hydrologic data for the existing site conditions. The project team will also complete site visits to assess the conditions of each site. Areas of document review may include the following:

• Existing design reports • Permits, permit requirements (including floodplain permits), and water rights • Floodplain models and studies • Geotechnical reports • Groundwater data • Well permits • Environmental Impact Statement (EIS) data; environmental and wetlands technical reports • Utility locates and past borings


Note that the above list is not exhaustive, and it is expected that additional topics will be reviewed. While we intend to complete most of the document review at the start of the project, it is likely that, as new areas of study are realized, additional document review will be required throughout the project. We will organize the information in a way that is useful as the project moves forward. As the project team gains a deeper understanding of the available information, necessary field investigations will be decided. The project team will work closely with Northern Water to coordinate all field efforts. We will develop and implement a safety program during field work of any kind. A list of potential pre-design field investigations includes the following:

• Survey – including survey of the river within the extents of the diversion structure locations and survey of the forebay location.

• Geotechnical – boring logs, test pits, and laboratory tests at both diversion structures and forebay location.

• Utility locates – at all work locations (i.e. diversion structures, ditches, pipes, forebay).

• Stream hydrology & hydraulics – a review of available stream gage and floodplain information.

• Groundwater – Review of existing groundwater data in the locations.

• Property searches – to gain owner information for the properties within the project extent.

• Cost estimates – big-picture cost estimates of the narrowed alternatives list. EA will prepare a technical memorandum that will summarize the results of our pre-design investigations. This memorandum will be written in a form that will allow it to be used in the final report for the project. EA will host a briefing meeting with Northern Water to review the results of the site investigation. We have included costs for one round of review by Northern Water staff. Task C – Alternatives Assessments For the South Platte Diversion Structure and Forebay as well as the Poudre River Intake Diversion Structure and Sedimentation Basin, the project team will develop preliminary alternatives (long list), which will consist of general alternative descriptions, pros, and cons. This list will be extensive and will cover alternatives for all components within the project scope (e.g. liner type, forebay location, diversion style, etc.) and will include any alternatives suggested by Northern Water. Once a comprehensive list of preliminary alternatives has been developed, the design team will narrow the list down to three or four feasible alternatives (short list). Throughout this task, the design team will be consulting with Northern Water concerning the thoroughness and feasibility of the preliminary alternatives. The short-list alternatives will be well thought-out, conceptual designs. Based on EA’s experience with similar projects, we understand that the forebay location and site conditions can determine the design of the forebay. Locations will need to consider the following:

• Distance from diversion location • Elevations – ground, bedrock, groundwater • Utilities • Soil type


• Hydraulic grade line • Liner design

These conditions will influence the design of the forebay, such as using a liner with an underdrain if bedrock is low and groundwater is high, or constructing a slurry wall if the bedrock is reasonably close to the surface. If a liner is required, alternative liner solutions will be examined. In past projects, we typically use a non-woven geotextile in union with a HDPE liner placed on non-angular soil. As we determine site specific information, the feasibility of liner alternatives can be investigated. The diversion structures will have several aspects that have alternatives considered, such as the following:

• Configuration – site specific • Floodplain regulations – site specific, will required minor hydraulic modeling efforts • Fish passage and screening • Diversion type – hydraulic structure with gates, well field • Delivery of water from confluence structure to forebay – buried pipeline, canal • Sediment basin and removal – sluice gate to flush sediment, size, location • Instrumentation – brand, type, cost, precision

An evaluation matrix will be generated for each of the long-list alternatives. This matrix will consider feasibility, constructability, maintenance, costs (ball-park estimate), construction time (ball-park estimate), pros, and cons. Further consideration will be given to the alternatives that make the short list, and a technical memorandum will be developed. This document will discuss the short-list alternatives at a conceptual level, and compare costs, timeline, constructability, and other aspects more in-depth. The technical memorandum will conclude with a preferred alternative for each site to move forward in preliminary design. We have included costs for one round of review by Northern Water staff. Task D – Preliminary Design After a preferred alternative has been selected the EA team will develop a preliminary design of the selected alternative and prepare design drawings. The drawings will include preliminary engineering designs that include the following aspects:

• Civil • Geotechnical • Structural • Hydrologic/Hydraulic • Constructability • Cost Estimating

Additional data that may be required for the preliminary design will be collected prior to proceeding with the preliminary design. It is our understanding that the design will be preliminary in nature and we have estimated the design to be a 30% level design effort. We have assumed that specifications will not be needed for the design. The EA team will develop a construction cost


estimate for the selected alternative. The cost estimate will be based on current bid tabs and will be further refined than those presented in Task C. After the preliminary designs are complete the EA team will meet with Northern Water to present the preliminary design. A preliminary design report will be developed and submitted to Northern Water. The report will consist of the following:

• Project background (developed from document review)

• Field investigations summary (take from Field Investigations Technical Memorandum in Task B)

• Poudre River Intake conceptual design o Accounting for and protecting against uplift pressure, scour, overturning,

settlement, and trash/debris accumulation o Incorporating water-quality equipment to continuously measure water temperature,

specific conductance, pH, turbidity, and dissolved oxygen o Incorporate fish passage and possible fish screening features

• Poudre River Intake sedimentation basin conceptual design o Incorporating sediment flushing gates or other sediment removal features, flow

measurement equipment, and remotely-operated gates

• South Platte River Diversion conceptual design o Accounting for and protect against uplift pressure, scour, overturning, settlement,

and trash/debris accumulation o Incorporating sediment flushing gates or other sediment removal features, flow

measurement equipment, and remotely-operated gates o Incorporating fish passage and possible fish screening features, diversions rates

may deem screening as unfeasible.

• South Platte water delivery from confluence diversion to forebay o Having general layout and typical cross-section design o Accounting for groundwater as available information allows

• South Platte Diversion Forebay conceptual design o Accounting for uplift pressure on liner o Including drain designs, if needed o Including basic contours and typical cross-section and details

• Project conclusions

We have budgeted time to respond to comments that Northern Water might have on the preliminary design report.


Task E – Other Tasks as Directed The project team has assumed and accounted for the following on-call services to Northern Water staff for other design topics or issues that arise:

• 60 hours on-call services for the project manager • 40 hours on-call services for the design engineers

Services include, but are not limited to, meetings, design calculations, site visits, feasibility studies, alternative analyses, dam/reservoir engineer services, geotechnical investigations, general consultations.

The use of Task E funds will be approved in writing by the NISP project management team before work associated with an increase in cost is incurred. All documents will be provided electronically and be compatible with:

• Microsoft Office (Word, Excel, Power Point, etc.) • Adobe Acrobat (PDF files) • AutoCAD (version 2014) • ArcGIS (version 10.6)


C:\File Transfer Folder\Jan Agenda DRAFTS\06-A-ERO Contract Amendment No. 3 - Contract Summary - Carl Brouwer-v2.DOC



Project: ERO Consulting Services Agreement Amendment No. 3


Activity Enterprise (if applicable): NISP_____________________________________________ This is a: New Agreement Amendment to Existing Agreement Amendment No. 3________ Orig. Agreement Date: January 17, 2017______

Starting Date of This Agreement/Amendment: January 1, 2019______________________ Completion Date: December 31, 2019__________________________________________ Project Manager/Northern Water Representative: Carl Brouwer______________________

Reviewed and approved by Legal Counsel: _______________________________________ (Name and Date)

Consultant Name: ERO Resources Corp.________________________________________ Consultant Address: 1842 Clarkson Street__________ Phone: (303) 830-1188___________ Denver, CO 80218-1030______ Fax: _______________________ Key Personnel for Contractor: Jack Denman______________________________________ Is this in this year’s budget? _X_ Yes or ____No Amount of This Agreement/Amendment (Indicate A or B)



Fund:_ __________ $ 486,334 $ $2,609,455 $3,095,789___________________ The following insurance certificates will be submitted to Northern Water upon contract approval:

Workers’ Compensation Insurance in amounts prescribed by applicable statutes. Employers' Liability Insurance of at least $1,100,000 per occurrence and in the aggregate. Comprehensive Commercial General Liability Insurance, including blanket contractual liability, with coverage limits of at least $1,100,000 per occurrence for bodily injury and property damage, $1,100,000 general aggregate, $1,100,000 products liability and completed operations coverage, and $1,100,000 personal and advertising injury limit. Business or Commercial Automobile Liability Insurance for owned and non-owned vehicles with combined single limits of coverage of at least $1,100,000 per occurrence and in the aggregate.



Consultants in

Natural Resources and the Environment

Denver 1842 Clarkson St. Denver, CO 80218 303.830.1188

Boise 3314 Grace St. Boise, ID 83703 208.373.7983

Durango 1015 ½ Main Avenue Durango, CO 81301 970.422.2136

Western Slope P.O. Box 932 161 South 2nd St. Hotchkiss, CO 81419 970.872.3020

www.eroresources.com

ERO Resources Corp.

To: Carl Brouwer, Northern Colorado Water Conservancy District

From: Jack Denman, ERO Resources Corporation Leigh Rouse, Bristlecone Environmental Consulting

Date: December 20, 2018

cc: John Urbanic, U.S. Army Corps of Engineers

Re: 2019 Tasks and Budgets for NISP

Northern Colorado Water Conservancy District (Northern Water) requested a scope of work and budget for 2019 in support of the Northern Integrated Supply Project (NISP) in support of the Record of Decision. The following is a summary of tasks needed for each resource lead. Budgets for each resource are in Table 1. Subcontractor’s scopes of work and cost estimates are attached. The proposed budget for the below tasks is $486,334.

ERO Resources Project Management

• Provide project management (meetings, schedule, monthly reports, contracts, report reviews, and coordination)

Project Record • Continue input on project record database • Coordinate with Corps on database and documents • Provide Corps with periodic updates and assistance

Functional Assessment for Wetlands • Complete functional assessments for wetlands within the 287 realignment study area

Fish and Wildlife Coordination Act • Assist Corps with Fish and Wildlife Coordination Act based on Northern Water’s

mitigation plan

Biological Assessment and Section 7 Consultation • Update the Biological Assessment to include information on changes to Northern

Water’s Preferred Alternative • Coordinate with Fish and Wildlife Service

Section 106 Consultation • Assist Corps with onsite tribal meeting. • Assist the Corps in preparing the Programmatic Agreement


Carl Brouwer Page 2 Northern Water December 20, 2018

ERO Resources Corporation

Respond to Comments on the FEIS for the ROD • Assist Corps in responding to comments on the FEIS • Produce comment response document for Corps for inclusion in the ROD

Record of Decision • Assist Corps with producing a ROD • Ensure ROD is 508 compliant

Bristlecone Environmental Consulting – Project Management Assistance

• Assist ERO in project management tasks (meetings, conference calls, monthly reports, coordinating with the Corps)

• Assist with the Fish and Wildlife Coordination Act • Assist with the Biological Assessment • Assist with Section 106 consultation • Assist with responding to comments on the FEIS • Assist with the review of Northern Water’s mitigation plan, wetland delineations,

and functional assessments • Assist the Corps with the Record of Decision

CDM Smith – Water Resources • Attend meetings, participate in conference calls and conduct other project

management tasks • Review the revised Operations Plan and provide input to the Corps • Review and prepare responses to comments on the FEIS • Provide general support for water resources

Hydros – Water Quality • Review and respond to comments on the FEIS • Coordinate with NISP team as needed including meetings and conference calls

GEI – Aquatics and Water Quality • Review and respond to comments on the FEIS (aquatics and specific water quality

issues) • Coordinate with NISP team as needed including meetings and conference calls

ACE – Stream Morphology • Review and respond to comments on the FEIS • Coordinate with NISP team as needed including meetings and conference calls

WCRM – Cultural Resources • Attend four meetings and participate in four conference calls • Assist with the APE definition for the Preferred Alternative • Assist with Native American Tribal consultation • Assist Corps in preparing a Programmatic Agreement


Carl Brouwer Page 3 Northern Water December 20, 2018


• Assist Corps with Native American tribal kickoff meeting and project tour (if needed) • Responding and assisting with ongoing FEIS information needs

BBC – Socioeconomics • Review and respond to demand projection and socioeconomic comments on the FEIS

Table 1. NISP FEIS 2019 Summary Costs by Resource Lead NISP FEIS 2018 Summary Cost Estimate

Resource Labor Expenses Total ERO Resources-Project Management $119,650 $2,668 $122,318

Bristlecone-Project Management Assistance $171,456 $200 $171,656

CDM Smith-Water Resources $48,310 $180 $48,490

Hydros-Water Quality $35,000 $0 $35,000

GEI-Aquatics and Water Quality $20,000 $0 $20,000

ACE-Stream Morphology $31,000 $0 $31,000

WCRM-Cultural Resources $37,455 $415 $37,870

BBC-Socioeconomics $20,000 $0 $20,000

Total $482,871 $2,463 $486,334

Assumptions • No additional analysis will be needed to respond to public and agency comments on

the FEIS or for the Record of Decision. • No more than five copies of the Record of Decision will be printed. • The Corps will have no more than 1,500 documents to add to the Project Record


NORTHERN INTEGRATED SUPPLY PROJECT EIS—ERO Resources ESTIMATED COST SUMMARY (2019)

Project Management

Project Record Section 106 Coordination

Biological Assessment and

Section 7 Consultation

Total

Email, Coordination,

Calls, Meetings, Reviews

Data Entry Draft Final Coordination Review PA Draft Final Draft Final Draft Final Draft Final Total hours Total Dollars

Jack Denman $160.00 Project Manager/Project Principal 192 192 $30,720Richard Trenholme $195.00 NEPA Specialist 40 40 $7,800Steve Dougherty $195.00 NEPA Specialist 4 76 24 104 $20,280Mark Dehaven $195.00 Water Quality Specialist 64 64 $12,480Ron Beane $160.00 Senior Wildlife Biologist 4 8 12 $1,920Clint Henke $130.00 Wildlife Biologist 24 24 24 24 96 $12,480D. Larson/M. Worah $130.00 Natural Res. Specialist 8 4 8 20 $2,600B. Olmsted/C. Sovka $130.00 Geoscientist 8 8 $1,040W. Hodges $105.00 GIS Specialist 8 80 88 $9,240A. Sunshine/A. Hennage $65.00 Data Entry 100 150 4 254 $16,510K. Wall $90.00 Technical Editing 2 4 4 8 8 26 $2,340Administrative Staff $75.00 Clerical support 16 16 $1,200Clerical $65.00 Clerical support 16 16 $1,040Total hours 324 150 8 10 40 28 32 28 156 8 144 8 936Subtotal labor ($) $39,460 $9,750 $1,040 $960 $0 $0 $5,380 $3,480 $4,400 $3,480 $29,380 $720 $20,880 $720 $119,650

Unit Cost Unit Total units

Telephone/Fax $1 Each 600 600 $600Supplies/searches $1 Each 50 50 $50Mileage $0.54 Mile 500 500 $268Photocopy (B&W) $0.15 Each 1,000 1,000 $150Photocopy (color) $0.30 Each 1,000 1,000 $300Postage $1 Each 300 300 $300Printing/Binding $1 Each 1,000 1,000 $1,000Subtotal expenses ($) 1667.5 0 0 0 0 0 0 0 0 0 0 0 1,000 0 $2,668Subtotal labor and expenses 41,128 9,750 1,040 960 0 0 5,380 3,480 4,400 3,480 29,380 720 21,880 720TOTAL ESTIMATED COST $122,318

Record of Decision

Name Hourly rate Role

Fish and Wildlife Coordination Act

Report

Responses to Comments on

FEIS

Wetland Delineation

and Functional Assessment

1 Planning Session Agenda and Materials January 3, 2019

Bristlecone Environmental Consulting, LLC

Scope of Work for Northern Integrated Supply Project

December 19, 2018 This Scope of work is for tasks listed below to be conducted between January 1, 2019 and December 31, 2019. Tasks Consultant will provide the services below to assist ERO with project management tasks including:

• Scheduling and attending meetings • Coordinating and participating in conference calls • Coordinating with other subcontractors • Providing status updates to the ERO project manager • Coordinating with the Corps and providing assistance as needed • Providing input and review of the NISP project record • Assisting with the Fish and Wildlife Coordination Act • Assisting with updating the Biological Assessment • Assisting with 106 consultation • Assisting with the comment responses to FEIS comments including, but not limited to:

o Responding to comment letters by using general issue headings; o Responding to each issue individually raised in the Cooperating Agency letters; o Finalizing response to comment appendix for the Record of Decision. This will

require receiving input from various resource leads, reviewing and editing draft responses, and formatting for inclusion in the Record of Decision.

• Reviewing Northern Water’s Mitigation Plan, wetland delineations, and functional assessments for pipelines

• Assisting the Corps with the Record of Decision • Coordinating with the Corps and providing assistance as needed

Assumptions • The estimated costs assume the Record of Decision will be published by end of November

2019.

The following time-and-materials cost estimate (not to exceed without ERO approval) is for the above project management tasks.

Name Total Hours Hourly Rate Total Leigh Rouse 1,128 $152 $171,456 Expenses $200 Total 1,128 $171,656


NISP FEIS 2018 Contract Amendment No. 15 (December 21, 2018 -December 31, 2019). Proposed Budget for CDM Smith. Prepared by MJM. Revised 12/17/2018.

Table 1. AMENDMENT No. 13 BUDGET PROPOSAL REVISED 12/12/2016.

Senior Advisor Principal/ Associate Senior Professional PM/WRE WRE Professional I Consultant Professional I Support

SM HS MM BD BF JB AH GH TC New Hire TC XK GB CDM Smith

Tasks $210 $170 $170 $165 $140 $110 $95 $85 $90 SUBTOTAL

Hydrologic Modeling and Water Resources Technical SupportTask 26 - Project management, meetings and conference calls 24 12 $5,160

Task 27 - Review of the NISP Revised Operations Plan for the NISP FEIS 2 24 60 24 6 $16,080

Task 28 - Review and prepare responses to public comments on the NISP FEIS 8 24 40 36 6 $15,860

Task 29 - General Support for water resources sections of NISP FEIS 4 15 25 36 4 $11,210

$0

$0

$0

$0

$0

0 $0

Subtotal Hours 14 0 87 0 125 96 0 0 28 350

Subtotal Labor $2,940 $0 $14,790 $0 $17,500 $10,560 $0 $0 $2,520 $48,310

Reimbursable Expenses $180

NISP FEIS 2019 Proposed Labor and Expenses $48,490

Subcontractor

Total thru No 10 $987,239.68Total w/ No 11 $1,040,889.68Total w/ No 12 $1,074,169.68Total w/ No 13 $1,122,659.68Total w/ No 14

CDM


COLORADO P.O. Box 2326, Boulder, CO 80306 303-449-1151 Fax 303-530-7716

NEW MEXICO 2603 W. Main, Suite B, Farmington, NM 87401 505-326-7420 Fax 505-324-1107

NEVADA 890 E. Greg Street, Sparks, NV 89431 775-358-9003 Fax 775-358-1387

ARIZONA 3014 N. Hayden Rd., Suite 118, Scottsdale, AZ 85251 480-423-6837 Fax 480-874-4719

SCOPE OF WORK AND COST ESTIMATE FOR 2019 CULTURAL RESOURCE TASKS RELATED TO

THE NORTHERN INTEGRATED SUPPLY PROJECT (NISP),

LARMIER AND WELD COUNTIES, COLORADO

Western Cultural Resource Management, Inc.

Boulder, Colorado

(December 14, 2018)

SCOPE

At the request of ERO Resources Corporation (the Client), Western Cultural Resource

Management, Inc. (WCRM), a firm of Secretary of the Interior (SOI) approved cultural resource

specialists (36 CFR Part 61), is providing a scope and costing for the remaining tasks to be

conducted for the Northern Integrated Supply Project (NISP) in 2018. The lead federal agency for

the project is the U.S. Army Corps of Engineers (Corps). Tom Lennon will serve as Principal

Investigator (PI), Collette Chambellan as the Project Manager (PM), and Bob Estes as the GIS

Analyst.

Tasks will include the following:

• Task 1: Planning tasks including attendance at four agency meetings and participation in

four conference calls;

• Task 2: Assisting with the APE definition of the Preferred Alternative including direct,

indirect, cumulative, and visual effects;

• Task 3: Assisting the lead federal agency, the U.S. Corps of Engineers (Corp), and the

Bureau of Land Management (BLM) with tribal consultation;

• Task 4: Assisting with the preparation of a Programmatic Agreement (PA);

• Task 5: Assisting with the Native American Tribal Kickoff Meeting and Project Tour;

• Task 6: Providing project management and support related to cultural resources; and

• Task 7: Responding to or assisting with ongoing FEIS information needs.

Task Descriptions

Task 1. Planning tasks

It is projected that the PM and PI will coordinate with ERO and the agencies, attend four agency

meetings regarding cultural resource issues not related to the Native American Tribal kickoff

meeting, and may participate in four conference calls. Where necessary, the PM will prepare

materials for the meetings and take and prepare meeting minutes.

Task 2. Assist with the APE definition of the Preferred Alternative including direct, indirect,

cumulative effects


1

The PM will coordinate with the Corps, BLM and SHPO to finalize the APE for the NISP Preferred

Alternative. The APE definition will include direct, indirect, cumulative, and visual effects. The

PM will work with the GIS Analyst to produce a final map to accompany the APE consultation

letter from the federal agencies to the SHPO. The PI will coordinate with the PM regarding the

task completion status.

Task 3. Assist the Corp and the Bureau of Land Management (BLM) with tribal consultation

The PM will coordinate with the Corps and the BLM in the consultation process with Tribal

members to provide additional information regarding the project. The PI will coordinate with the

PM regarding status.

Task 4. Assist with the preparation of a PA

The WCRM PM and PI will assist with review and preparation of the final version of the PA . As

per the SHPO recommendation, the PA should include the effects to resources as a result of the

construction and operation of the reservoirs. It is assumed that a Historic Preservation Treatment

Plan (HPTP) will be developed following acceptance of the PA and completion of the Class III

inventory of the Preferred Alternative.

Task 5. Assist with and participate in the Native American Tribal Kickoff Meeting and

Project Tour

The PI and PM will coordinate with the Client and the Corps to prepare for and facilitate a kickoff

meeting and tour of the NISP Project area. This will include three days of meetings in the Fort

Collins area. Meeting days will consist of a one hour drive each way from Boulder and eight hours

of meeting time in Fort Collins. Time and funds are also included for preparation for the meeting.

Task 6. Providing project management and support related to cultural resources

It is likely that previously unforeseen project management and coordination tasks will need to be

addressed by the PI and PM during the course of 2018. The GIS Analyst may also need to provide

limited mapping services. WCRM will coordinate with and respond to questions and requests for

cultural resource management information from the Client and agencies regarding all aspects of

the project on an “as need” basis during the remainder of 2018. As per discussion with ERO, the

budget for this task has been augmented with an additional $10,000 in anticipation of future out-

of-scope tasks

Task 7. Responding to or assisting with ongoing FEIS information needs

The PM will incorporate the results provided in the technical report for the NISP APE into the FEIS

cultural resource sections and review and address comments resulting from agency and public

review. The PI will coordinate with the PM regarding the task completion status.

Assumptions

• WCRM’s scope of work is based upon a time-and-materials budget estimate, cost not to

exceed without approval.

• WCRM will not be acting for the Corps or BLM regarding Tribal consultation but will be

assisting the agencies.

• An HPTP will be developed following acceptance of the PA and completion of the Class

III inventory of the Preferred Alternative.

• WCRM rates provide here will be in affect until the end of 2018.

• WCRM's cost estimates can be affected by changes made by the Client. If changes

occur in the project parameters, the Client will resolve the cost situation in a timely

fashion.


2

COST ESTIMATE

The attached time-and-materials cost estimate includes labor and other direct costs related to the

scope of work tasks on a not-to-exceed-basis without Client approval. Should issues requiring

additional time arise, the Client will be contacted immediately to discuss. Labor is presented by

position and unit hour to complete each task. Estimated ODC includes transportation expenses and

reproduction costs.


COST ESTIMATE - ERO-NISP

12/17/2018

Hourly

Position Hours Rate Totals

Program Manager 0 126$ -$

Ethnographer 0 105$ -$

Principal Investigator 20 103$ 2,060$

Project Coordinator 0 95$ -$

Project Manager 80 90$ 7,200$

GIS Analyst 0 85$ -$

Project Historian 0 85$ -$

Senior Staff Archaeologist 0 82$ -$

Lab Supervisor 0 74$ -$

Contracts Administrator 0 74$ -$

Documents Supervisor 0 74$ -$

GIS Technician/Computer Graphics 0 77$ -$

Editor 0 74$ -$

Illustrator 0 74$ -$

Senior Field Supervisor 0 75$ -$

Field Supervisor 0 63$ -$

Archaeologist III 0 58$ -$

Crew Chief/Archaeologist II 0 55$ -$

Lab Crew 0 46$ -$

Crew Member/Archaeologist I 0 46$ -$

Senior Word Processing 0 51$ -$

Word Processing 0 48$ -$

Total Labor 9,260.00$

OTHER DIRECT COSTS

Field Supplies/Equipment -$

Habitation 0 days @ 85.00$ -$

Subsistence 0 days @ 45.00$ -$

Mileage 300 miles @ 0.65$ 195.00$

Photo Processing -$

Reproduction / Maps 25.00$

Total ODC 220.00$

Task 1 SUBTOTAL 9,480.00$

NISP 2019 Tasks

Task 1: Planning tasks



Hourly




Principal Investigator 2 103$ 206$



GIS Analyst 40 85$ 3,400$







Editor 0 74$ -$






Lab Crew 0 46$ -$





OTHER DIRECT COSTS




Mileage 0 miles @ 0.65$ -$

Photo Processing -$

Reproduction / Maps -$

Total ODC -$


Task 2: Assisting with APE definition of Preferred Alternative


Hourly














Editor 0 74$ -$






Lab Crew 0 46$ -$





OTHER DIRECT COSTS





Photo Processing -$


Total ODC -$


Task 3: Assisting the Corps and the BLM with tribal consultation


Hourly














Editor 0 74$ -$






Lab Crew 0 46$ -$





OTHER DIRECT COSTS





Photo Processing -$


Total ODC -$


Task 4: Assisting with the preparation of a PA


Hourly




Principal Investigator 30 103$ 3,090$










Editor 0 74$ -$






Lab Crew 0 46$ -$





OTHER DIRECT COSTS




Mileage 300 miles @ 0.65$ 195.00$

Photo Processing -$


Total ODC 195.00$


Task 5: Assisting with and participate in the Native American Tribal Kickoff Meeting and Project Tour


Hourly














Editor 0 74$ -$






Lab Crew 0 46$ -$





OTHER DIRECT COSTS





Photo Processing -$


Total ODC -$


Task 6: Providing project management and support


Hourly














Editor 0 74$ -$






Lab Crew 0 46$ -$





OTHER DIRECT COSTS





Photo Processing -$


Total ODC -$


Cost Summary:

9,480.00$

7,206.00$

3,806.00$

3,806.00$

6,885.00$

4,424.00$

2,263.00$

37,870.00$

Task 1: Planning tasks

Task 7: Responding to or assisting with ongoing FEIS information needs

Task 2: Assisting with APE definition of Preferred Alternative

Task 3: Assisting the Corps and the BLM with tribal consultation

TOTAL COST ESTIMATE

Task 4: Assisting with the preparation of a PA

Task 5: Assisting with and participate in the Native American Tribal Kickoff Meeting and Project Tour

Task 7: Responding to or assisting with ongoing FEIS information needs

Task 6: Providing project management and support


From: Brad AndersonTo: [email protected]: Michelle MartinSubject: RE: NISP budget for 2019Date: Monday, December 17, 2018 1:54:19 PM

Leigh In accordance with your email below, I am providing you information related to our effort to addressthe comments provided during the review of the FEIS. I have provided a brief task descriptionfollowed by the cost estimate for the respective task as indicated below: TaskDescription TaskCost Task 1. Compilation and detailed review of all comments and referenceddocuments. $12,500Task 2. Conduct comment assessment and assign response codes forcomments/responses $1,500Task 3. Prepare draft response to allcomments $13,500Task 4. Revise draft response following EROreview $2,000Task 5. Coordination, Meeting and Communication with ERO and Technical ResourceSpecialists $1,500 Total Cost: $31000 As you have suggested below, these tasks and associated costs reflect the effort estimated toaddress the comments from the FEIS. It is our understanding that the draft response to thecomments will be submitted by the end of January 2019. Completion of Tasks 4 and 5 areanticipated to be completed shortly thereafter. Please review this information and contact me if you have any questions or comments regarding ourefforts described above. Regards,Brad Bradley A. Anderson, P.E. , D.WRE, CFMAnderson Consulting Engineers, Inc.375 East Horsetooth Road, Building 5Fort Collins, Colorado [email protected]


mailto:[email protected]




INTERGOVERNMENTAL COOPERATION AGREEMENT FOR TAX INCREMENT REVENUE SHARING

(PASS THROUGH) BY AND BETWEEN

THE TOWN OF ERIE URBAN RENEWAL AUTHORITY AND

NORTHERN COLORADO WATER CONSERVANCY DISTRICT THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (“Agreement”) is

entered into effective as of the _____ day of _____________, 2018 (the “Effective Date”), by and between the TOWN OF ERIE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (“TOEURA”), whose address is 645 Holbrook Street, Erie, Colorado 80516, and the NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a water conservancy district authorized pursuant to C.R.S. §37-45-101 (“District”), whose address is 200 Water Avenue, Berthoud, Colorado 80513 (TOEURA and the District may be referred to herein individually as a “Party” and may be collectively referred to herein as the “Parties”).

RECITALS

A. TOEURA is a public body corporate and politic authorized to transact business and

exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the “Act”).

B. The District is a water conservancy district of the State of Colorado organized and authorized pursuant to C.R.S. §37-45-101 and the District’s boundaries overlap TOEURA’s jurisdictional boundaries such that the District has the authority to impose a mill levy within TOEURA’s jurisdictional boundaries.

C. The TOEURA Board of Commissioners will consider recommending approval of the Interstate 25 (I-25) Urban Renewal Plan (the “Urban Renewal Plan”) by the Town of Erie Board of Trustees (the “Trustees”), which, in addition to creating the Interstate 25 (I-25) Urban Renewal Area (the “I-25 Urban Renewal Area”), designates the I-25 Urban Renewal Area as the area within which tax increment shall be authorized (“TIF Area”) for the purposes authorized in the Act, including utilizing tax increment financing (“TIF Financing”), as contemplated by C.R.S. § 31-25-107(9)(a). Thereafter, the Urban Renewal Plan will be considered for approval by the Trustees. The TIF Area is described in Exhibit A attached hereto and is depicted on Exhibit B attached hereto, both of which are incorporated herein by reference.

D. The Act provides that taxes levied after the effective date of the approval of an urban renewal plan by the Trustees upon taxable real property in the area described in such urban renewal plan shall be divided each year for a period not to exceed twenty-five (25) years from the effective date of the urban renewal plan and that a portion of said property tax revenues shall be allocated to and paid into a special fund of the applicable urban renewal authority, as more particularly described in the Act.


E. Pursuant to the Urban Renewal Plan, taxes levied after the effective date of the Trustees’ approval of the Urban Renewal Plan on taxable real property located within the TIF Area shall be divided each year for a period not to exceed twenty-five (25) years from the effective date of the Urban Renewal Plan and that a portion of said property tax revenues (the “TIF Revenue”) shall be allocated to and paid into a special fund of TOEURA to pay the principal of, interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by TOEURA for financing an urban renewal project or to make payments in accordance with an agreement executed pursuant to C.R.S. § 31-25-107(11).

F. The District is cooperating with the TOEURA to facilitate carrying out the Plan and urban renewal projects within the I-25 Urban Renewal Area.

G. Therefore, TOEURA and the District desire to enter into this Agreement to affirm the Parties’ cooperation in carrying out the projects described in the Urban Renewal Plan by the transfer to the District of certain portions of the TIF Revenue.

H. TOEURA and the District are authorized to enter into this Agreement pursuant to law, including, without limitation, C.R.S. §§ 31-25-107(1)(c)(II)(D), 31-25-107(9.5)(b), 31-25-107(11), 31-25-112, and 31-25-112.5(5).

I. The I-25 Urban Renewal Area contains agricultural land that requires compliance with C.R.S. § 31-25-107(1)(c)(II)(D), and is subject to the requirements imposed by House Bill 15-1348 for new urban renewal plans adopted after January 1, 2016.

J. The I-25 Urban Renewal Area contains unincorporated land that requires compliance with C.R.S. § 31-25-112.5.

K. In consideration of the Parties entering into this Agreement, the District consents to the inclusion within the I-25 Urban Renewal Area of all lands contained within such I-25 Urban Renewal Area as described in the Plan, including agricultural lands and unincorporated lands, pursuant to C.R.S. §§ 31-25-107(1)(c)(II)(D) and 31-25-112.5.

L. In consideration of the Parties entering into this Agreement pursuant to C.R.S. § 31-25-107(9.5) and C.R.S. § 31-25-107(11), the District waives any right it has to file an objection and ask for mediation or arbitration pursuant to C.R.S. § 31-25-107(12).

NOW THEREFORE, in consideration of the foregoing recitals and the covenants, promises and agreements of each of the Parties hereto, it is agreed by and among the Parties hereto as follows:

1. Incorporation of Recitals. The foregoing recitals are incorporated into and made a part of this Agreement.

2. District Tax Levy Allocation.

(a) Following deduction of the Administrative Fee (defined herein), TOEURA agrees to deposit into a separate account created for such purposes (the “District TIF Account”) all


of the increase in property tax revenues calculated, produced, and allocated to TOEURA as a result of the levy of the District upon taxable property within the I-25 Urban Renewal Area pursuant to and in accordance with C.R.S. § 31-25-107(9)(a)(II) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado (the “District Tax Levy Allocation”).

(b) Commencing on the date of this Agreement and continuing for a period of twenty-five (25) years from the effective date of the Urban Renewal Plan, TOEURA shall transfer to the District all of the revenue attributable to the District received into the District TIF Account (the “TIF Remittance”) within thirty (30) days after TOEURA completes its accounting of the District TIF Account.

(c) If the Town approves a modification of the Plan which results in TIF Revenues from the District Tax Levy Allocation being allocated to the TOEURA for an additional period beyond the period currently authorized by the Act, which is twenty-five (25) years from the effective date of the Plan, then TOEURA shall continue to make the TIF Remittance transfers to the District for the duration of such additional period.

3. Authority Administrative Fee. An administrative fee equal to one percent (1%) of the TIF Revenue as determined on an annual basis shall be retained by TOEURA (the “Administrative Fee”). Notwithstanding anything to the contrary set forth in this Agreement or in the Urban Renewal Plan, TOEURA shall be entitled to retain the Administrative Fee to pay the reasonable and customary administrative costs of the Authority incurred in connection with TOEURA’s obligations under this Agreement including, but not limited to, the collection, enforcement, disbursement, and administrative fees and costs related to TIF Revenue and the TIF Area. The Administrative Fee shall be deducted annually from the total TIF Revenue received before the transfer of the District Tax Levy Allocation.

4. Agreement Confined to Specified Revenue. This Agreement applies only to the District Tax Levy Allocation, as calculated, produced, collected, and allocated to TOEURA within the TIF Area described by the Plan in accordance with C.R.S. § 31-25-107(9)(a)(II) and the rules and regulations of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of TOEURA. The District agrees and acknowledges that the District is not entitled to and expressly disclaims any and all right, title or interest in and to any other taxes or revenues collected by TOEURA, including, without limitation, any personal property tax, sales tax, or private improvement fees. The District expressly waives and agrees not to object to: (a) the Town’s or the Trustees’ approval of the Urban Renewal Plan, including, without limitation, its approval of the use of TIF Financing and collection of TIF Revenue, and (b) upon reasonable advance written notice, TOEURA’s imposition of any personal property tax, sales tax, private improvement fees or other fees in connection with the Urban Renewal Plan or Urban Renewal Plan Area. This Agreement applies only to the TIF Area.

5. Subordination. By written consent of the District, as evidenced by a resolution approved by the Board of Directors of the District, TOEURA’s obligation to pay revenues from the District Tax Levy Allocation to the District may be made subordinate to any payment of the principal of, the interest on, and any premiums due in connection with bonds of, loans or advances to, or


indebtedness incurred by TOEURA for financing or refinancing, in whole or in part, any urban renewal project specified in the Urban Renewal Plan.

6. Delays. Any delays in or failure of performance by any Party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God; acts of public enemy; acts of the Federal or state government; acts of third parties; litigation concerning the validity of this Agreement or relating to transactions contemplated hereby; fire, floods, strikes, labor disputes, accidents, regulations or order of civil or military authorities; shortages of labor or materials; or other causes, similar or dissimilar, which are beyond the control of such Party. Notwithstanding the foregoing, where any of the above events shall occur which temporarily interrupt the ability of TOEURA to transfer to the District revenues as provided in this Agreement, as soon as the event causing such interruption shall no longer prevail, TOEURA shall transfer the total amount of the effected revenues that have been received by TOEURA that is then in the account, as determined according to the provisions of this Agreement.

7. Consent Concerning Agricultural Land. The District hereby consents, pursuant to C.R.S. § 31-25-107(1)(c)(II)(D), to the inclusion within the TIF Area and the I-25 Urban Renewal Plan Area of all agricultural lands contained within such TIF Area and the I-25 Urban Renewal Plan Area as described in the Plan.

8. Consent Concerning Unincorporated Land. The District hereby consents, pursuant to C.R.S. §31-25-112.5, to the inclusion within the TIF Area and the I-25 Urban Renewal Plan Area of all unincorporated lands contained within such TIF Area and the I-25 Urban Renewal Plan Area as described in the Plan.

9. Future Inclusion Area. “Future Inclusion Area” means the area labeled Future Inclusion Area on the depiction in Exhibit B, shaded in blue. The Future Inclusion Area is an area containing unincorporated parcels intended to become part of the I-25 Urban Renewal Plan Area and from which TIF Revenues will be generated upon inclusion in the I-25 Urban Renewal Plan Area in accordance with this Agreement and the Plan. The Future Inclusion Area will become included in the I-25 Urban Renewal Plan Area, in whole or in part, upon the parcel seeking inclusion’s satisfaction of the following: (1) receipt by TOEURA of written consent of the fee owner to the inclusion pursuant to §31-25-112.5(1), C.R.S.; (2) receipt by TOEURA of written consent of the mortgage holder of such parcel, if any, to the inclusion pursuant to §31-25-112.5(1), C.R.S.; and (3) written notice by TOEURA to the Weld County Assessor that the foregoing conditions have been satisfied for an identified parcel within the Future Inclusion Area. The inclusion of any parcel or all of the parcels within the Future Inclusion Area will not be a substantial modification of the Urban Renewal Plan, as it is the intent of the Urban Renewal Plan and this Agreement that the Future Inclusion Area be part of the I-25 Urban Renewal Plan Area subject to all provisions related to the generation of TIF Revenues upon the satisfaction of the obligations above.

10. Notification of Intended Amendments to the Plan; Agreement Not Part of Plan. TOEURA agrees to notify District in writing of any proposed amendments to the Plan, whether or not such amendment would constitute a substantial modification under the Act, at least ninety (90) days prior to the public hearing at which the Town will consider such amendment. Both


parties agree that this Agreement shall not, upon signature, become part of the Plan, but rather, is a stand-alone agreement authorized pursuant to C.R.S. § 31-25-107(11). Notice provided to the District of the proposed amendments pursuant to this paragraph shall act as compliance with the provisions of C.R.S. § 31-25-107(3.5)(a), requiring notice to the Board of Directors of substantial modification to the Plan.

11. Termination and Subsequent Legislation. This Agreement may be terminated at any time upon the mutual written agreement of TOEURA and the District. In addition, in the event of termination of the Urban Renewal Plan, including, without limitation, the provisions of such plan authorizing TIF Financing, TOEURA may terminate this Agreement by delivering written notice to the District. TOEURA may also terminate this Agreement by delivering written notice to the District if the District is no longer providing services within the I-25 Urban Renewal Area. The Parties further agree that in the event legislation is adopted after the Effective Date of this Agreement that invalidates or materially or adversely affects any provisions hereof, the Parties will in good faith negotiate for an amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement.

12. Entire Agreement. This instrument embodies the entire agreement of the Parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the Parties hereto.

13. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their successors in interest.

14. No Third-Party Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned Parties that any entity other than the undersigned Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.

15. No Waiver of Immunities. Nothing contained herein shall be construed as a waiver, in whole or in part, by any Party hereto of the rights, protections, and privileges afforded under the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. or under any other law, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a Party to this Agreement.

16. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Further, in the event of any such holding of invalidity, illegality or unenforceability, the Parties will in good faith negotiate for an amendment to this Agreement that achieves to the greatest degree possible the intent of the affected provision of this Agreement.


17. No Assignment. No Party may assign any of its rights or obligations under this Agreement without the express prior written consent of the other Party. Any attempted assignment in violation of this provision shall be null and void and of no force and effect.

18. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement.

19. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument.

20. Governing Law. This Agreement and the provisions hereof shall be governed by and construed in accordance with the laws of the State of Colorado.

21. No Presumption. The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted.

22. Notices. Any notice required by this Agreement shall be in writing. All notices, demands, requests and other communications required or permitted hereunder shall be in writing, and shall be (a) personally delivered with a written receipt of delivery; (b) sent by a nationally-recognized overnight delivery service requiring a written acknowledgement of receipt or providing a certification of delivery or attempted delivery; (c) sent by certified or registered mail, return receipt requested; or (d) sent by confirmed facsimile transmission or electronic delivery with an original copy thereof transmitted to the recipient by one of the means described in subsections (a) through (c) no later than 5 business days thereafter. All notices shall be deemed effective when actually delivered as documented in a delivery receipt; provided, however, that if the notice was sent by overnight courier or mail as aforesaid and is affirmatively refused or cannot be delivered during customary business hours by reason of the absence of a signatory to acknowledge receipt, or by reason of a change of address with respect to which the addressor did not have either knowledge or written notice delivered in accordance with this paragraph, then the first attempted delivery shall be deemed to constitute delivery. Each Party shall be entitled to change its address for notices from time to time by delivering to the other Party notice thereof in the manner herein provided for the delivery of notices. All notices shall be sent to the addressee at its address set forth following its name below:

If to TOEURA: Town of Erie Urban Renewal Authority Attention: Ben Pratt, Executive Director 645 Holbrook Street Erie, Colorado 80516 Telephone: [(303) 926-2710] Facsimile: [(303) 926-2706] Email: [email protected]



with a copy to: Brownstein Hyatt Farber Schreck LLP Attention: Carolynne White, Esq., TOEURA Attorney 410 17th Street, Suite 2200 Denver, Colorado 80202 Telephone: (303) 223-1100 Facsimile: (303) 223-1111 Email: [email protected] If to the District: [_____________________]

23. Days. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to C.R.S. § 24-11-101(1), such day shall be extended until the next day on which such banks and state offices are open for the transaction of business.

24. Parties Not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be partners or joint venturers, and no Party shall be responsible for any debt or liability of any other Party.

25. Waiver. Pursuant to C.R.S. § 31-25-107(11), the District agrees to waive all provisions of Part 1 of the Act that provide for notice to the District, require any filing with or by the District, require or permit consent from the District, or provide for any enforcement right to the District.


IN WITNESS WHEREOF, TOEURA and the District have caused their duly authorized officials to execute this Agreement effective as of the Effective Date. DISTRICT: ATTEST: NORTHERN COLORADO WATER CONSERVANCY DISTRICT, By: _________________________ By: ________________________________


17601996

TOEURA:

ATTEST: TOWN OF ERIE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado By: ______________________________ By:________________________________ ______________, Recording Secretary __________________, Chair


Exhibit A 17601996

EXHIBIT A

TIF Area Legal Description1

All of Sections 4, 10 and 15, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado; Together with the following portions of Sections 22 and 3: Parcel No. 146722200034, described as a portion of the N½N ½ of Section 22, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado,[______________]; and

S½ of Section 3, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, excluding those certain parcel known as (i) Parcel No. 146703300053, described as

Lot B, Subdivision Exemption SE-956, part of W½ W1/4 of Section 3, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, (ii) Parcel No. 146703300055, described as [________], and (iii) Parcel No. 146703300049, described as [____________].

1 Legal descriptions and depiction are in process and remain subject to revision.


Exhibit B 17601996

EXHIBIT B

I-25 Urban Renewal Area and TIF Area Depiction


Northern Water’s Winter Water Efficiency Stakeholder Meeting set for Jan. 15

Northern Water allottees and other water efficiency partners within our delivery area are invited to join us on Jan. 15 in Berthoud.

The 2019 Winter Water Efficiency Stakeholder Meeting – which will take place at Northern Water’s headquarters (220 Water Ave. in Berthoud), and run from 9 a.m.-1 p.m. – serves as an opportunity for all to learn and share innovative tools, techniques and policies needed for identifying, structuring and financing efficiency projects.

Our goal is to equip you with options to plan for and implement water efficiency, and attendees will also have the opportunity to share projects they have underway. We hope this will be a fun, informative and collaborative event. A schedule of the day’s events is listed below.

Lunch will be provided.

Be sure to RSVP by Jan. 8, which you can do by clicking here.

If you have any questions, please contact Lyndsey Lucia at [email protected], or at (970) 622-2342.

Winter Water Efficiency Stakeholder Meeting Agenda

8:30 a.m. Check-in

9 a.m. Northern Water Efficiency Program Update Northern Water staff

9:45 a.m. Water Use Efficiency Plan Updates and Requirement; Land Use Planning for Conservation Colorado Water Conservation Board

10 a.m. Water Efficiency into Land Use Planning Guidebook; Designing Conservation Oriented Water System Development Charges Western Resource Advocates

10:45 a.m. Break


https://www.eventbrite.com/e/2019-winter-water-efficiency-stakeholder-meeting-tickets-53159511530?utm_source=eventbrite&utm_medium=em&utm_content=follow_notification&utm_campaign=following_published_event&utm_term=2019+Winter+Water+Efficiency+Stakeholder+Meeting&aff=ebemoffollowpublishemail


11 a.m. Energy Service Performance Contracting for Water Efficiency; Colorado Property Assessed Clean Energy (C-PACE) and Water Efficiency Colorado Energy Office

11:45 a.m. Colorado Water Loss Initiative; Grant Programs Colorado Water Conservation Board

12:15 p.m. Lunch

12:30 p.m. Share Your Story! Voluntary 5-Minute Efficiency Project Updates from Attendees

1 p.m. Speakers and Attendees Networking

2 p.m. Adjourn

About Northern Water:

Northern Water, a public agency created in 1937, provides water for agricultural, municipal, domestic and industrial uses to an eight-county service area with a population of nearly 960,000. Northern Water and the U.S. Bureau of Reclamation operate the Colorado-Big Thompson Project, which collects water on the West Slope and delivers it to Northeastern Colorado through a 13-mile tunnel beneath Rocky Mountain National Park. It and the Municipal Subdistrict are currently developing the Windy Gap Firming Project and the Northern Integrated Supply Project to enhance Front Range water supplies for the future.
