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Home My Public Portal AboutTBP 2022-01-19Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday January 19, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799 Affordable Housing Workshop Roll Call Approval Of Agenda Consent Agenda Minutes January 5, 2022 TBM 2022 -01 -05.Pdf Resolution 2022 -01 -06 Rendezvous East Mountain Filing 11 Final Accepance And Surety Reduction Resolution 2022 -01 -06 East Mountain Filing 11 Final Acceptance And Surety Reduction.pdf Executive Session For a conference with the Water Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b). Regarding Water Rights Litigation Discussion And Possible Action Regarding EQR Study Results -Joe 22.01.05_Upper Fraser Valley WWTP EQR Study_FINAL.pdf Resolution 2022 -01 -07 Water 10 Year Capital Improvement Plan - Adam Resolution 2022 -01 -07 Water System 10year CIP Merrick And Company.pdf Water System CIP Board Memo.pdf 10 -Year CIP Proposal 10.20.21.Pdf Resolution 2022 -01 -08 Hyrdrological Well Field Studies - Adam Resolution 2022 -01 -08 Hydrological And Well Field Studies_HRS.pdf Wellfield Studies_HRS_Board Memo.pdf WellFieldStudies_HRS_Proposal_12 -2021.Pdf Resolution 2022 -01 -09 First Amendment To The MOU For Housing Colloboration Between The Towns Of Winter Park And Fraser Resolution 2022 -01 -09 First Amendment To The MOU With The Town Of Winter Park For Housing Collaboration.pdf 1st Amendment MOU For Housing Initiatives.pdf Resolution 2022 -01 -10 Ratification Of Contract Offer For Victoria Village Resolution 2022 -01 -10 Ratification Of Contract Offer For Victoria Village.pdf Open Forum a) Business not on the agenda (If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201) Updates Fire And Ice Festival - Sarah Fraser_FireIce_Poster.jpg Building Report Fraser Report December 2021.Pdf Executive Session For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f) (I) and not involving any specific employees who have requested discussion of the matter in open session . Town Manager Review Adjourn UPCOMING MEETING WEDNESDAY FEBRUARY 2, 2022 BOARD OF TRUSTEES https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg https://us02web.zoom.us/j/2590408013 1.6:00 P.M. 2.7:00 P.M. 3. 4. a. Documents: b. Documents: 5. 6. a. Documents: b. Documents: c. Documents: d. Documents: e. Documents: 7. 8. a. Documents: b. Documents: 9. 10. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday January 19, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Affordable Housing WorkshopRoll CallApproval Of AgendaConsent AgendaMinutes January 5, 2022TBM 2022 -01 -05.PdfResolution 2022 -01 -06 Rendezvous East Mountain Filing 11 Final Accepance And Surety ReductionResolution 2022 -01 -06 East Mountain Filing 11 Final Acceptance And Surety Reduction.pdf Executive Session For a conference with the Water Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b). Regarding Water Rights Litigation Discussion And Possible Action Regarding EQR Study Results -Joe 22.01.05_Upper Fraser Valley WWTP EQR Study_FINAL.pdf Resolution 2022 -01 -07 Water 10 Year Capital Improvement Plan - Adam Resolution 2022 -01 -07 Water System 10year CIP Merrick And Company.pdf Water System CIP Board Memo.pdf 10 -Year CIP Proposal 10.20.21.Pdf Resolution 2022 -01 -08 Hyrdrological Well Field Studies - Adam Resolution 2022 -01 -08 Hydrological And Well Field Studies_HRS.pdf Wellfield Studies_HRS_Board Memo.pdf WellFieldStudies_HRS_Proposal_12 -2021.Pdf Resolution 2022 -01 -09 First Amendment To The MOU For Housing Colloboration Between The Towns Of Winter Park And Fraser Resolution 2022 -01 -09 First Amendment To The MOU With The Town Of Winter Park For Housing Collaboration.pdf 1st Amendment MOU For Housing Initiatives.pdf Resolution 2022 -01 -10 Ratification Of Contract Offer For Victoria Village Resolution 2022 -01 -10 Ratification Of Contract Offer For Victoria Village.pdf Open Forum a) Business not on the agenda (If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201) Updates Fire And Ice Festival - Sarah Fraser_FireIce_Poster.jpg Building Report Fraser Report December 2021.Pdf Executive Session For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f) (I) and not involving any specific employees who have requested discussion of the matter in open session . Town Manager Review Adjourn UPCOMING MEETING WEDNESDAY FEBRUARY 2, 2022 BOARD OF TRUSTEES https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSghttps://us02web.zoom.us/j/25904080131.6:00 P.M.2.7:00 P.M.3.4.a.Documents:b.Documents: 5. 6. a. Documents: b. Documents: c. Documents: d. Documents: e. Documents: 7. 8. a. Documents: b. Documents: 9. 10. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday January 19, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Affordable Housing WorkshopRoll CallApproval Of AgendaConsent AgendaMinutes January 5, 2022TBM 2022 -01 -05.PdfResolution 2022 -01 -06 Rendezvous East Mountain Filing 11 Final Accepance And Surety ReductionResolution 2022 -01 -06 East Mountain Filing 11 Final Acceptance And Surety Reduction.pdfExecutive Session For a conference with the Water Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b). Regarding Water Rights LitigationDiscussion And Possible Action RegardingEQR Study Results -Joe22.01.05_Upper Fraser Valley WWTP EQR Study_FINAL.pdfResolution 2022 -01 -07 Water 10 Year Capital Improvement Plan -Adam Resolution 2022 -01 -07 Water System 10year CIP Merrick And Company.pdfWater System CIP Board Memo.pdf10-Year CIP Proposal 10.20.21.PdfResolution 2022 -01 -08 Hyrdrological Well Field Studies - AdamResolution 2022 -01 -08 Hydrological And Well Field Studies_HRS.pdfWellfield Studies_HRS_Board Memo.pdfWellFieldStudies_HRS_Proposal_12 -2021.PdfResolution 2022 -01 -09 First Amendment To The MOU For Housing Colloboration Between The Towns Of Winter Park And FraserResolution 2022 -01 -09 First Amendment To The MOU With The Town Of Winter Park For Housing Collaboration.pdf1st Amendment MOU For Housing Initiatives.pdfResolution 2022 -01 -10 Ratification Of Contract Offer For Victoria Village Resolution 2022 -01 -10 Ratification Of Contract Offer For Victoria Village.pdfOpen Foruma) Business not on the agenda(If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201) Updates Fire And Ice Festival - Sarah Fraser_FireIce_Poster.jpg Building Report Fraser Report December 2021.Pdf Executive Session For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f) (I) and not involving any specific employees who have requested discussion of the matter in open session . Town Manager Review Adjourn UPCOMING MEETING WEDNESDAY FEBRUARY 2, 2022 BOARD OF TRUSTEES https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSghttps://us02web.zoom.us/j/25904080131.6:00 P.M.2.7:00 P.M.3.4.a.Documents:b.Documents:5.6.a.Documents:b.Documents:c.Documents:d.Documents:e.Documents:7. 8. a. Documents: b. Documents: 9. 10. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished FRASER BOARD OF TRUSTEES MINUTES DATE:January 5, 2022 MEETING:Board of Trustees Regular Meeting PLACE:Fraser Town Hall Board Room and Virtually PRESENT Board:Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy Miller, Katie Soles, Parnell Quinn and Kaydee Fisher Staff:Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Assistant Town Manager, Michael Brack; Town Planner, Catherine Trotter; Public Works Director, Russell Pennington Others:Clark Lipscomb Mayor Vandernail called the meeting to order at 6:00 p.m. 1.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy Miller, Katie Soles, Parnell Quinn and Kaydee Fisher 2.Approval of Agenda: Trustee Soles moved, and Trustee Miller seconded the motion to approve the agenda. Motion carried: 6-0. 3.Executive Session: For a conference with the Special Council for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6- 402(4)(e). Regarding litigation. Including Special Council Andy Nathan and Ashley Hernandez-Schlagel, Town Manager Ed Cannon, Town Clerk Antoinette McVeigh, Town Planner Catherine Trotter, Assistant Town Manager Michael Brack Trustee Miller moved, and Trustee Soles seconded the motion to open the Executive Session at 6:02 p.m. Motion carried: 6-0. Trustee Soles moved, and Trustee Miller seconded the motion to close the Executive Session at 6:50p.m. Motion carried: 6-0. Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire executive session, which was not recorded, constituted a privileged attorney-client communication. _______________________________ Andy Nathan, Special Council Page 2 of 3 4.Consent Agenda: a)Minutes December 01, 2021 b) Resolution 2022-01-01 Official Posting Location c)Resolution 2022-01-02 Rendezvous License Agreement d)Resolution 2022-01-03 Lot 1 And Lot 2 Elk Creek Condominiums at Grand Park Final Acceptance and Surety Reduction e)Resolution 2022-01-04 Elk Creek Filing No. 1 Final Acceptance and Surety Reduction Trustee Soles moved, and Trustee Quinn seconded the motion to approve the consent agenda. Motion carried: 6-0. 5.Discussion and Possible Action: a)East Grand Middle School Robotics Club Funding Request Trustee Fisher moved, and Trustee Soles seconded the motion to approve $500 funding request for the East Grand Middle School Robotics Club. Motion carried: 6-0. b) Resolution 2022-01-05 First Amendment to Grand Park Drive Improvement Agreement Trustee Soles moved, and Trustee Quinn seconded the motion to approve Resolution 2022-01-05 First Amendment to Grand Park Drive Improvement Agreement. Motion carried: 6-0. c) Election Presentation – Antoinette Town Clerk Antoinette McVeigh presented the 2022 election calendar and answered questions. d)Water Wastewater Advisory Committee Ex-Officio Member Appointment Trustee Miller moved, and Trustee Quinn seconded the motion to appoint Eileen Waldow and Brian Cerkvenik to the Water Wastewater Advisory Committee as Ex- Officio Trustee Members. Motion carried: 6-0. 6. Open Forum: None 7.Updates a) TM Ed Cannon, Regarding COVID-19 he asked it staff could close town hall and request visitors to make an appointment to enter and require masks. The Board agreed. Katie Soles, Ed Cannon and Sarah Weick will be attending the sustainable community meeting in Winter Park January 14. Ed asked if any of the Trustees would like to apply for the CML Executive Board. No Trustees are interested, he explained that he would like to apply. Trustee Miller moved, and Trustee Soles seconded the motion to approve Ed Cannon the apply for the CML Executive Board. Motion carried: 6-0. Page 3 of 3 b) Trustee Miller, Thanks to all of the employees working hard through the holidays. He would like to discuss an Affordable Housing revenue stream, lodging tax and building fee at a future meeting. 8. Executive Session: a) For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6- 402(4)(e). Regarding litigation. Including Town Attorney Kent Whitmer, Town Manager Ed Cannon, Town Clerk Antoinette McVeigh, Town Planner Catherine Trotter, Assistant Town Manager Michael Brack b)For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a) Regarding Land Acquisition. Town Attorney Kent Whitmer, Town Manager Ed Cannon, Town Clerk Antoinette McVeigh, Town Planner Catherine Trotter, Assistant Town Manager Michael Brack Trustee Miller moved, and Trustee Soles seconded the motion to open the Executive Sessions at 8:00 p.m. Motion carried: 6-0. Trustee Soles moved, and Trustee Quinn seconded the motion to close the Executive Sessions at 9:02 p.m. Motion carried: 6-0. Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire executive session, which was not recorded, constituted a privileged attorney-client communication. _______________________________ Kent Whitmer, Town Attorney 9.Discussion and Possible Action Regarding: a) Land Acquisition Trustee Soles moved, and Trustee Waldow seconded the motion to approve the contract that has been presented to acquire land subject to adjustments of dates that the town attorney feels appropriate, authorizing the mayor to sign. Motion carried: 6-0. 10.Adjourn: Trustee Soles moved, and Trustee Quinn seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:05 p.m. _____________________________ Antoinette McVeigh, Town Clerk TOWN OF FRASER RESOLUTION NO. 2022-01-06 A RESOLUTION APPROVING FINAL ACCEPTANCE OF ALL IMPROVEMENTS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR EAST MOUNTAIN FILING 11 AND RELEASE OF SURETY WHEREAS, the Subdivision Improvement Agreement (SIA) for East Mountain Filing 11 (Reception # 2019003498) provided for a schedule for completion of Improvements; WHEREAS, Town staff has inspected all Improvements and has determined that all such Improvements have been completed and meet the requirements for final acceptance by the Town and any remaining surety given to ensure the completion of such Improvements should be released. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Fraser Town Board hereby finds and determines that: a) All Improvements have been satisfactorily completed in accordance with the approved plans and specifications for such Improvements; b) all warranty periods provided in the SIA and Fraser’s regulations have ended or are waived; and c) all other applicable requirements for acceptance of the Improvements have been satisfied or are hereby waived by the Board. 2.The Fraser Town Board hereby authorizes final acceptance of said Improvements and the release of the remaining surety in the amount of $ 184,010.00 3.Payment of all applicable fees with in fifteen days of approval of the resolution or the resolution will relapse. READ, PASSED ON ROLL CALL VOTE, AND ADTOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF January, 2022. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___BY: Mayor ATTEST: (S E A L) Town Clerk Upper Fraser Valley Wastewater Treatment Plant Equivalent Residential Unit Assessment #200-328503-21001 January 5, 2022 PRESENTED TO PRESENTED BY Town of Fraser 153 Fraser Avenue Fraser, Colorado 80442 Tetra Tech, Inc. 1560 Broadway Suite 1400 Denver, Colorado 80202 P +1-303-825-5999 F +1-303-825-0642 tetratech.com Prepared by: Lauren Riedle Project Engineer Date Reviewed by: Mark J. Maxwell, P.E. Senior Project Manager Date Authorized by: Ben Miller, P.E. Project Manager Date 1/5/2022 1/5/2022 1/5/2022 Upper Fraser Valley WWTP EQR Assessment 1 January 2022 TABLE OF CONTENTS 1.0 INTRODUCTION ........................................................................................................................ 4 1.1 District Overview ...........................................................................................................................................4 1.2 Equivalent Residential Units .........................................................................................................................5 1.2.1 EQR Reserve Capacity ..........................................................................................................................5 1.2.2 Current EQR Allotment ........................................................................................................................6 1.2.3 EQR Utilization .....................................................................................................................................7 2.0 DATA ANALYSIS ........................................................................................................................ 8 2.1 Water Usage Data ..........................................................................................................................................8 2.2 Sanitary Sewage Data ...................................................................................................................................9 2.2.1 Flow and Load ......................................................................................................................................9 2.2.2 Utilization ........................................................................................................................................... 11 2.3 Historic Precipitation Data .......................................................................................................................... 13 2.4 Inflow/Infiltration Metrics ........................................................................................................................... 15 2.4.1 Infiltration and Inflow ........................................................................................................................ 15 2.5 Conclusions and Recommendations .......................................................................................................... 16 LIST OF TABLES Table 1-1: EQRs by District and by Property Type (As of 2021 Q2 Report) .......................................................6 Table 1-2: Cumulative Sold EQRs from 2016-2020 ...............................................................................................7 Table 1-3: U.S. Census Bureau Data for Fraser and Winter Park, Colorado, 2019-2020..................................8 Table 2-1: Annual Water Usage for 2018-2020 ......................................................................................................9 Table 2-2: Annual Average Influent Characteristics for 2011-2020 ...................................................................9 Table 2-3: Estimated EQR Utilization Rates based on Maximum Day Flow and BOD Loadings ................... 12 Table 2-4: Wastewater Flow by Entity, 2011-2020 ............................................................................................. 12 Table 2-5: Maximum Day to Annual Average Peaking Factors for Raw Wastewater Influent, 2011-2020 .. 13 Table 2-6: Total Annual Precipitation in Fraser, Colorado (2011-2019) .......................................................... 15 Table 2-7: Average Total Influent Flows During High Groundwater Months of April and May ..................... 16 Table 2-8: Maximum Day Influent Flows During Wet Weather Storm Events (24-Average Values) ............. 16 Upper Fraser Valley WWTP EQR Assessment 2 January 2022 LIST OF FIGURES Figure 1-1: Excerpt from JFOC Agreement, Exhibit 3 ..........................................................................................6 Figure 2-1: BOD Load Data at Upper Fraser Valley WWTP, 2011-2020 ............................................................. 10 Figure 2-2: Flow Data at Upper Fraser Valley WWTP, 2011-2020 ..................................................................... 11 Figure 2-3: Location of Fraser Station, Site ID 05-3116 ..................................................................................... 14 Figure 2-4: Average Precipitation in Fraser, Colorado By Month (2011-2019) ............................................... 14 APPENDICES Appendix A: JFOC Agreement Appendix B: JFOC District Maps Upper Fraser Valley WWTP EQR Assessment 3 January 2022 ACRONYMS/ABBREVIATIONS Acronyms/Abbreviations Definition AAF Average annual flow AAL Average annual load BOD 5-day biochemical oxygen demand CDPHE Colorado Department of Public Health and Environment DMR Discharge Monitoring Report GCWS Grand County Water and Sanitation District #1 gpd Gallons per day gpcd Gallons per capita per day I/I Infiltration and inflow JFOC Joint Facilities Oversight Committee lbs Pounds MGD Million gallons per day PE Population equivalent ppd Pounds per day ppcd Pounds per capita per day TOF Town of Fraser UV Ultraviolet WPR Winter Park Ranch Water and Sanitation District WWTP Wastewater treatment plant Upper Fraser Valley WWTP EQR Assessment 4 January 2022 1.0 INTRODUCTION Note to reader: The meaning of all abbreviations and acronyms used in this report can be found in a list that immediately follows the table of contents above. The summary of the findings and recommendations may be found in Section 2.5. The Upper Fraser Valley Wastewater Treatment Plant (WWTP), located north of the Town of Fraser, Colorado and County Road 8 and to the east of U.S. Highway 40, is jointly owned and operated, along with sewer truck and interceptor lines, by the Town of Fraser (TOF), Grand County Water and Sanitation District #1 (GCWS), and Winter Park Ranch Water and Sanitation District (WPR). Built in 2004, the 2.5 million gallons per day (MGD) facility serves the residents and businesses in the Town of Fraser as well as the Special Districts. The WWTP consists of pretreatment, nitrification in activated sludge basins with clariflocculators for mixed liquor solids separation, followed by UV disinfection. Day-to-day operation and management of the facility is handled by the TOF, with oversight provided by the Joint Facilities Oversight Committee (JFOC). The JFOC is comprised of members of each Special District and the Fraser Board of Trustees. A copy of the JFOC Agreement is provided in Appendix A. The JFOC Agreement establishes an Initial Reserve Capacity, or number of total available equivalent residential units (EQRs), based on the current flow and load capacity of the WWTP. Division of WWTP funding and responsibilities are based on each entity’s share of EQRs from the Initial Reserve Capacity. In the original JFOC Agreement, the assigned maximum day flow and load per EQR was developed based on best estimates prior to WWTP construction. Per the JFOC Agreement, an EQR currently represents a maximum day contribution of 270 gallons of flow and 0.6 pounds of biochemical oxygen demand (BOD). BOD, as utilized in this report, is the amount of biochemical oxygen demand expressed during a 5-day incubation test at 20°C. Now, after nearly two decades of WWTP operation, EQRs can be reevaluated based on actual wastewater quality data, historical flows and loads from each of the JFOC parties, and historical population growth trends. This report will use historical data provided by TOF, GCWS, and WPR to evaluate the flow and loading values assigned to each EQR and recommend an adjustment to these values, if warranted. The JFOC may use the report recommendations to amend its agreement and redistribute EQRs as decided appropriate by the JFOC. 1.1 DISTRICT OVERVIEW The TOF is centrally located to, and is one of the three Joint entities. The GCWS includes Beaver Village, downtown Winter Park, Leland Creek subdivision, and Hi Country Haus to the south of the TOF. The District is separate from the Town of Winter Park and other water and sanitation districts. WPR services a primarily residential area with some commercial establishments, located to the northeast of the TOF. Maps of the three entity boundaries are included in Appendix B. The Districts are primarily composed of residential properties with smaller percentages of commercial and transient residential (i.e. hotels and rental properties). Due to the tourism economy in Fraser and Winter Park, Colorado, many of the residences are second homes or owner-rented properties that are utilized for only part of the year. Winter Park Resort in Grand County also contributes to seasonal flows and loads. Upper Fraser Valley WWTP EQR Assessment 5 January 2022 Fraser and Winter Park are also home to several micro -breweries and distilleries. Without appropriate pretreatment, these small establishments can and do contribute high BOD loads on a per gallon basis and must be properly managed to prevent organic overloading of the WWTP and to equitably allocate treatment costs according to customer class. 1.2 EQUIVALENT RESIDENTIAL UNITS As stated in Section 1.0, funding and responsibilities concerning the operation of the Upper Fraser Valley WWTP are distributed between the Joint entities based on their respective shares of EQRs. The unit wastewater contribution from one EQR has been defined in the JFOC Agreement as 270 gallons per day (gpd) of maximum day flow and 0.6 pounds per day (ppd) of maximum day BOD. The following sections discuss reserved and utilized EQRs, both historical and current. 1.2.1 EQR Reserve Capacity The JFOC Agreement established the initial and ultimate reserve sewer capacities shown on Figure 1-1. The initial reserve capacity is still in effect, as the capacity of the WWTP and shared service lines have remained the same since original construction. The initial reserve capacity consists of 8,518 EQRs, equating to 2.7 MGD including an allowance of 0.4 MGD for inflow and infiltration (I/I). GCWS is assigned 3,155 (37%) of the Reserved EQRs, WPR is assigned 2,467 (29%), and TOF is assigned 2,896 (34%). Each entity is allowed approximately 17% additional capacity above its allotted flow capacity for I/I. Ultimate Reserve Sewer Capacity assumes build-out of the existing 2.499 MGD WWTP to between 5.0 and 6.0 MGD. Section 2.2 of this report demonstrates that the facility is currently handling flows far below its rated capacity, such that expansion is not yet needed. Due to the greater anticipated growth of GCWS compared to the other two entities, EQR distribution is projected to change accordingly, with GCWS assigned 10,000 (54%) of the 18,400 total EQRs, WPR assigned 2,800 (15%), and TOF assigned 5,600 (30%). Upper Fraser Valley WWTP EQR Assessment 6 January 2022 Figure 1-1: Excerpt from JFOC Agreement, Exhibit 3 1.2.2 Current EQR Allotment The total number of Connected EQRs is 5,827.06 EQRs, as of the 2021 Quarter 2 Report. This number corresponds to 68% of initial reserve capacity. Table 1-1 shows EQRs by entity and by property type (residential, commercial, or transient residential). GCWS has reached 80% of its allotted reserve capacity, prompting this re- evaluation of EQR flow and loads. The distribution of EQRs indicate the areas are highly residential (80 -98%) and have a lesser extent of commercial (2-14%) and transient residential (0-6%). Table 1-1: EQRs by District and by Property Type (As of 2021 Q2 Report) Residential Commercial Transient Residential Total GCWS 2,048.42 347.35 147.54 2,543.31 WPR 1,509.20 34.68 0 1,543.88 TOF 1,497.60 210.08 32.19 1,739.87 Total 5,055.22 592.11 179.73 5,827.06 Table 1-2 shows the end-of-year sold EQRs from 2016-2020 and the annual increase in EQR count. For the purposes of this report, the terms “sold” and “connected” EQR were assumed to be the same numbers. The growth in total sold EQRs averaged 2.1% per year. This rate of EQR growth is comparable to other resort-based Colorado communities. Upper Fraser Valley WWTP EQR Assessment 7 January 2022 Table 1-2: Cumulative Sold EQRs from 2016-2020 End of Year EQR Count % Annual Growth 2016 5,288.16 N/A 2017 5,433.94 2.8% 2018 5,558.38 2.3% 2019 5,682.26 2.2% 2020 5,743.86 1.0% Average 2.1% 1.2.3 EQR Utilization Given the prevalence of seasonal tourism in Fraser and Winter Park, Colorado, many of the residential properties are second homes or owner-rented homes, condos, etc. and are vacant for portions of the year. While not explicitly stated, the JFOC Agreement, Exhibit 6, implies three persons per EQR based on the definition of a “single family residential unit” having not more than three bedrooms or bathrooms. Assuming three persons per EQR means the flow and loading contribution per capita is assumed to be 90 gpd and 0.2 ppd of BOD. Tetra Tech believes these are realistic values for defining the wastewater contribution from one EQR assuming an average occupancy of three people per EQR. National and statewide trends indicate that unit wastewater flow contributions, not including I/I, are trending down while BOD loads remain the same, due to the availability and requirement to use water efficient plumbing fixtures in recent decades. However, 270 gpd/EQR (or 90 gpd/person), plus 17% allowance for peak period I/I, is still a reasonable allotment to use for EQR sales and allocation purposes. U.S. Census Bureau data from 2019 and 2020 was collected to get a sense of the number of persons per household and the vacancy rates in Fraser and Winter Park. Table 1-3 summarizes this U.S. Census Bureau data and demonstrates the following points: • Average household size in Winter Park, Colorado is closer to 2 people than 3 people per household. • The vacancy rates of housing units in Fraser and Winter Park are approximately 56% and 87%, respectively, implying low and/or seasonal utilization of existing taps. EQRs are sold and capacity provided on a ‘readiness to serve’ basis. That is, when an EQR is sold, the JFOC commits to provide up to 270 gpd and 0.6 ppd of BOD treatment capacity. However, probability theory and influent flow and load data indicate that not all EQRs are fully utilized, and not all of them are utilized at the same time. Estimated EQR utilization will be presented in Section 2.2 using actual WWTP flow and loading rates. Upper Fraser Valley WWTP EQR Assessment 8 January 2022 Table 1-3: U.S. Census Bureau Data for Fraser and Winter Park, Colorado, 2019-2020 Fraser, CO Winter Park, CO Estimate MOE Source Estimate MOE Source Avg Household Size 2.95 ± 0.57 1 1.93 ± 0.41 1 Total Housing Units 1,426 N/A 2 2,658 N/A 3 % Occupied Housing Units 632 N/A 2 341 N/A 3 % Vacant Housing Units 794 N/A 2 2,317 N/A 3 Homeowner Vacancy Rate 4.8% ± 7.2% 3 0.0% ± 16.4% 3 Rental Vacancy Rate 7.0% ± 6.6% 3 45.5% ± 12.4% 3 Notes: 1. MOE = Margin of Error 2. Source / U.S. Census Bureau Reference Document: (1) 2019 ACS 5-Year Estimates Subject Tables – Households and Families, American Community Survey, Survey ID S1101 (2) 2020 DEC Redistricting Data (PL 94-171) – Occupancy Status, Decennial Census Table ID H1 (3) 2019 ACS 5-Year Estimates Data Profiles – Selected Housing Characteristics, American Community Survey, Survey ID DP04 2.0 DATA ANALYSIS Data analyses of water usage, sanitary sewage flow and load, precipitation, and I/I used the most recent 10 years of data (2011-2020) from TOF, GCWS, and WPR, unless noted otherwise in the following sections. The last full year included in the data set was 2020, as this report was prepared before the availability of all 2021 data. 2.1 WATER USAGE DATA Complete annual water usage data for all entities was limited to the years 2018 through 2020. Table 2-1 shows the annual water usage data collected by TOF, GCWS, and WPR from 2018 through 2020. In the past three years, GCWS averaged 35% of the summed water usage, WPR averaged 26%, and TOF averaged 39%. Upper Fraser Valley WWTP EQR Assessment 9 January 2022 Table 2-1: Annual Water Usage for 2018-2020 2018 2019 2020 Average % GCWS 71,220,900 74,733,400 61,982,900 69,312,400 35% WPR 51,457,600 49,507,900 53,170,877 51,378,792 26% TOF 80,991,000 69,627,000 78,384,000 76,334,000 39% Total 203,669,500 193,868,300 193,537,777 197,025,192 100% 2.2 SANITARY SEWAGE DATA Discharge monitoring report (DMR) data was available from the beginning of operation of Upper Fraser Valley WWTP in 2005 through 2021 year-to-date. Only the most recent 10 years of data (2011-2020) are analyzed and discussed in this report. Note that while influent flow is monitored continuously at the WWTP, influent BOD concentration testing is only done once or twice a week. Accordingly, influent BOD load estimates have a somewhat lower level of confidence than for influent flow. For larger capacity plants, the Colorado Department of Public Health and Environment (CDPHE) requires more influent quality testing and the accuracy of BOD load projections begin to approach that for flows. 2.2.1 Flow and Load Table 2-2 summarizes annual average flow and load between 2011 and 2020. For this period of record, the average annual flow (AAF) is 0.69 MGD, and the average annual load (AAL) is 948 ppd BOD. Table 2-2: Annual Average Influent Characteristics for 2011-2020 Parameter 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Annual Avg Flow, MGD 0.81 0.56 0.67 0.73 0.72 0.76 0.66 0.65 0.69 0.66 AAF = 0.69 BOD, ppd 986 716 703 849 993 1,083 995 1,055 1,127 972 AAL = 948 DMR-reported 30-day average and maximum day BOD readings are plotted on Figure 2-1. The average of all month maximum BOD readings over the past 10 years is 1,115 ppd, which is shown by the teal line through the datapoints. For reference, and also shown on the figure, is the CDPHE plant capacity rating of 5,600 ppd (as a maximum 30-day average), the initial reserve load capacity of 5,111 ppd (maximum day as per the EQR schedule), and the growth in connected EQR load capacity from 2016 through 2020. As of 2021 Quarter 2, it is estimated that the maximum day BOD load that could be generated by the number of connected EQRs is 3,496 ppd of BOD, or 68% of the initial reserve capacity of 5,111 ppd (8,518 EQRs x 0.6 ppd of BOD per EQR). Upper Fraser Valley WWTP EQR Assessment 10 January 2022 Figure 2-1: BOD Load Data at Upper Fraser Valley WWTP, 2011-2020 Figure 2-1 displays historic influent BOD load data for the WWTP. Individual readings, averages, reserved, and connected capacities are all below the CDPHE 30-day average load limit of 5,600 ppd for the WWTP. The AAL is even lower at 948 ppd. For reference, CDPHE requires capacity expansion planning when maximum 30-day average flows or loads reach 80% of their respective discharge permit limits. Construction must commence on capacity expansion improvements when either of the maximum 30-day average flows or BOD loads reach 95% of the permitted capacity limits. Therefore, plant capacity expansion is not required at this time. It should also be noted that high BOD loads, between 2,000 and 3,000 ppd, appear to be associated with slug loads of brewery and/or distillery wastewater. The TOF and JFOC are already pursuing solutions to the batch discharge of high-strength organic wastes from breweries and distilleries, including potential pretreatment. To preserve the capacity of the WWTP for its intended use, which is the treatment of domestic wastewater, the JFOC must work to eliminate these non-domestic strength BOD loads from the WWTP influent. In this report, abnormally high BOD concentrations were excluded from the data analysis, but all entities that the utilize the WWTP must work to ensure that its capacity is used for domestic, and not industrial strength wastes. Similar to BOD, Figure 2-2 plots maximum day flow data, as indicated on the discharge monitoring reports (DMRs) for the WWTP. Unlike BOD, flow is heavily impacted by fluctuations in I/I, which does not contribute additional BOD. For the Upper Fraser Valley WWTP, it is recommended that BOD load, and not flow, be used to judge capacity utilization, although on-going (as in permanent) I/I identification and reduction efforts are needed to avoid the need to expand the WWTP solely to treat clean water leakage into the collection system. Future plant expansions are likely to be dictated by BOD load as long as I/I is well managed. Fortunately, peak loads occur in the winter and peak I/I flows in the spring, and are not coincidental. If they were, expansion and addition of unit processes will be correspondingly more expensive. Figure 2-2 provides a sense of the plant’s 0 1000 2000 3000 4000 5000 6000 Jan-11 Jan-12 Jan-13 Jan-14 Jan-15 Jan-16 Jan-17 Jan-18 Jan-19 Jan-20 Jan-21 BO D ( p p d ) BOD Load Data at Upper Fraser Valley WWTP, 2011-2020 WWTP Permit Limit Initial Reserve Capacity Average Max Day BOD Connected EQR Capacity 30-Day Average BOD Max Day BOD Readings The WWTP capacity limit set by CDPHE is based on maximum 30-day average loads. The EQR schedule set by the JFOC is based on maximum day loads. Upper Fraser Valley WWTP EQR Assessment 11 January 2022 standing concerning hydraulic capacity. Like the BOD load graph, all maximum day flow readings are below the permitted 30-day average flow of 2.499 MGD. I/I will be broadly evaluated in a later section. Figure 2-2: Flow Data at Upper Fraser Valley WWTP, 2011-2020 2.2.2 Utilization As noted above, peak BOD concentrations and organic loads normally occur during the ski season, typically December through March. Since influent BOD concentrations are only measured twice-a-month, and not necessarily on the same day as the peak flow that month, a procedure was developed to estimate maximum day BOD loads. In reviewing the historic data for the peak loading months, the winter month BODs were averaged and multiplied by the maximum day flow for the winter (times a conversion factor) to estimate the maximum day BOD load. For example, during December 2018 through March 2019, BOD concentrations averaged about 300 mg/L. Applying this concentration to the December 2018 maximum day flow of 0.97 MGD yields an estimated maximum day BOD load for Year 2018 of approximately 2,427 ppd, which is 73% utilization compared to the maximum day BOD load the EQR schedule indicates could be generated from the connected EQR count of 5,558.38 EQRs ((2,427 ppd/(5,558.38 EQRs x 0.6 ppd of BOD per EQR) x 100 = 73%). This same procedure was repeated to determine the estimated maximum day BOD load and percent utilization of the BOD capacity for the connected EQRs for 2016, 2017, 2019, and 2020, and the results are summarized in Table 2-3. 0 0.5 1 1.5 2 2.5 3 Jan-11 Jan-12 Jan-13 Jan-14 Jan-15 Jan-16 Jan-17 Jan-18 Jan-19 Jan-20 Jan-21 Fl o w ( M G D ) Flow Data at Upper Fraser Valley WWTP, 2011-2020 WWTP Permit Limit Initial Reserve Capacity Average Max Day Flow Connected EQR Capacity 30-Day Average Flow Max Day Flow Readings Upper Fraser Valley WWTP EQR Assessment 12 January 2022 Table 2-3: Estimated EQR Utilization Rates based on Maximum Day Flow and BOD Loadings 2016 2017 2018 2019 2020 End of Year EQR Count 5,288.16 5,433.94 5,558.38 5,682.26 5,743.86 BOD Concentration (mg/L) 300 300 300 300 300 Maximum Day Winter Flow (MGD) 0.909 0.955 0.973 0.861 0.846 Maximum Day Winter BOD Load (ppd) 2,274.32 2,389.41 2,434.45 2,154.22 2,116.69 Load with Full Utilization (ppd) 3,172.90 3,260.36 3,335.03 3,409.36 3,446.32 Utilization Rate 72% 73% 73% 63% 61% Annual contributions to the overall WWTP influent flow by member entity are tabulated in Table 2-4. In the data below, meter readings for GCWS and WPR are taken around 9:00 am every day. The TOF flow is calculated as the balance of the total meter reading. BOD data is not normally collected, and therefore, historical loading data by entity is not available. For purposes of estimating load contributions by entity, flow is the best available method of approximation. On average, the Town of Fraser contributes 38% of the annual flow, GCWS contributes 43%, and WPR contributes 20%. Table 2-4: Wastewater Flow by Entity, 2011-2020 Total TOF GCWS WPR MG MG % of Total MG % of Total MG % of Total 2011 294.960 87.939 30% 136.200 46% 70.821 24% 2012 204.656 77.985 38% 73.349 36% 53.322 26% 2013 243.890 80.934 33% 113.405 47% 49.551 20% 2014 267.289 97.521 36% 119.670 45% 50.098 19% 2015 262.882 89.524 34% 127.851 49% 45.507 17% 2016 276.835 101.694 37% 131.238 47% 43.903 16% 2017 242.109 49.386 20% 124.850 52% 67.873 28% 2018 237.830 112.918 47% 89.494 38% 35.418 15% 2019 252.928 133.804 53% 83.929 33% 35.195 14% 2020 240.850 124.838 52% 77.874 32% 38.138 16% Minimum 204.656 49.386 20% 73.349 32% 35.195 14% Average 252.4230 95.654 38% 107.786 43% 48.9826 20% Maximum 294.960 133.804 53% 136.2 52% 70.821 28% Upper Fraser Valley WWTP EQR Assessment 13 January 2022 Table 2-5 shows maximum month peaking factors for all months, averaged over 10 years of data. Maximum month flows are highest in April, at 3.74 times the annual average flow (AAF) of 0.69 MGD. BOD loads are highest in December, at 3.89 times the annual average load (AAL) of 948 ppd. AAF and AAL were calculated from 2011 - 2020 data. Table 2-5: Maximum Day to Annual Average Peaking Factors for Raw Wastewater Influent, 2011-2020 Flow BOD Max Day (MGD) Year Peaking Factor Max Day (ppd) Year Peaking Factor January 0.94 2016 1.36 2,501 2019 2.64 February 0.94 2015 1.36 2,442 2015 2.58 March 1.44 2015 2.08 1,864 2011 1.97 April 2.58 2014 3.74 1,416 2011 1.49 May 2.17 2016 3.14 1,585 2019 1.67 June 1.41 2011 2.04 1,599 2020 1.69 July 1.51 2011 2.19 1,731 2015 1.83 August 0.84 2011 1.22 1,453 2016 1.53 September 0.79 2019 1.14 1,112 2020 1.17 October 0.65 2017 0.94 977 2018 1.03 November 0.78 2020 1.13 1,407 2020 1.48 December 0.97 2018 1.40 3,684* 2018 3.89 Minimum 0.65 2017 0.94 977 2018 1.03 Average 1.25 N/A 1.81 1,814 N/A 1.91 Maximum 2.58 2014 3.74 3,684 2018 3.89 * Tetra Tech considers the BOD concentration and load for December 2018 to be an outlier. 2.3 HISTORIC PRECIPITATION DATA Ten years of precipitation data (2010-2020) from the National Oceanic and Atmospheric Administration (NOAA) was collected and analyzed to evaluate the impact of precipitation on sanitary sewer flows. Precipitation data was collected from the Fraser station, Site ID 05-3116, located at 39.945° and -105.8172° at an elevation of 8,560 ft, pictured on Figure 2-3. Upper Fraser Valley WWTP EQR Assessment 14 January 2022 Figure 2-3: Location of Fraser Station, Site ID 05-3116 Figure 2-4 shows trends in average precipitation by month. Precipitation data was incomplete for year 2020, and is, therefore, excluded from calculation of average precipitation by month. The highest precipitation in Fraser, Colorado generally occurs in March and April with the lowest rainfall in June. Total annual precipitation is shown in Table 2-6 and can be referenced in relation to wastewater flows to the WWTP and in I/I analysis. This region of Colorado experiences an average of 15 inches of precipitation per year. Figure 2-4: Average Precipitation in Fraser, Colorado By Month (2011-2019) 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Eq u i v a l e n t I n c h e s o f W a t e r Average Precipitation in Fraser, CO by Month (2011-2019) Upper Fraser Valley WWTP EQR Assessment 15 January 2022 Table 2-6: Total Annual Precipitation in Fraser, Colorado (2011-2019) Year Total Precipitation (inches) 2011 16.41 2012 12.04 2013 15.59 2014 14.63 2015 13.59 2016 15.39 2017 16.47 2018 13.11 2019 17.69 2020 N/A 2.4 INFLOW/INFILTRATION METRICS The flow allotted per EQR does not include inflow and infiltration (I/I). The allowances for I/I are listed in the JFOC Agreement under Exhibit 3 (Capacity Reservations in Consolidated Wastewater Facilities), an excerpt of which is shown on Figure 1-1. The allowances are approximately 17% of the total flow, or 47 gpd per EQR. In the past, EPA provided guidance regarding non-excessive levels of infiltration and inflow, as follows: • Infiltration. “Domestic wastewater plus non-excessive infiltration should not exceed 120 gpcd during periods of high groundwater.” • Inflow. “The total 24-hour daily flow during a storm does not exceed 275 gpcd and there are no operational problems, such as surcharges, bypasses, or poor treatment performance, resulting from hydraulic overloading of the treatment works during storm events.” While useful as a reference, these EPA guidance values are somewhat high due to the advent and use of water- saving technology and appliances. But they still are useful in the sense that if actual, site specific I/I exceeds these values, then the utility is likely spending more money to convey and treat clean water flows that it would to identify and remove/minimize such leakage into the collection systems served by the WWTP. 2.4.1 Infiltration and Inflow For the infiltration analysis, wastewater flow records for the high groundwater season of April and May were reviewed for years 2016-2020 and compared to EPA’s infiltration and inflow criteria, as shown in Table 2-7 and Table 2-8. For inflow, the maximum day wet weather flow (24-hour average value) that occurred in each of these years was compared to the EPA inflow criteria. The data suggests that infiltration is potentially excessive within the service area and JFOC members should vigorously pursue the annual identification and correction Upper Fraser Valley WWTP EQR Assessment 16 January 2022 of infiltration as a permanent part of their utility management efforts. The data also suggests that inflow, although very significant, may not be excessive as per EPA’s definition. Nonetheless, the JFOC members should take the opportunity to remove sources of inflow whenever they are encountered during infiltration identification and control efforts. Table 2-7: Average Total Influent Flows During High Groundwater Months of April and May Year Average Influent Flow During April and May (MGD) Population Equivalent (PE) Based on Connected EQRs Estimated Utilization Rate During April and May Average Unit Flow During High Groundwater Season (gpd/PE) 2016 1.37 15,864 56% 154 2017 0.99 16,302 36% 166 2018 1.07 16,675 40% 160 2019 1.10 17,047 43% 151 2020 1.04 17,232 35% 171 EPA Criteria N/A N/A N/A 120 Table 2-8: Maximum Day Influent Flows During Wet Weather Storm Events (24-Average Values) Year Maximum Day Wet Weather Flow (MGD) Population Equivalent (PE) Estimated Utilization Rate During April and May Unit Flow During Major Storm Events (gpd/PE) 2016 2.17 15,864 56% 243 2017 1.50 16,302 36% 252 2018 1.69 16,675 40% 253 2019 1.90 17,047 43% 261 2020 1.54 17,232 35% 253 EPA Criteria N/A N/A N/A 275 2.5 CONCLUSIONS AND RECOMMENDATIONS The purpose of this report is to estimate the historic utilization of the maximum day BOD load associated with the number of connected EQRs. This information will give the JFOC entities the opportunity to evaluate how many EQRs can be connected without exceeding the maximum allowable BOD load associated with the Initial Reserve Capacity, as per the JFOC Agreement. The maximum allowable load is currently calculated as 8,518 EQRs x 0.6 ppd/EQR = 5,111 ppd of BOD. Upper Fraser Valley WWTP EQR Assessment 17 January 2022 Per the JFOC Agreement, an EQR is currently defined as a maximum day contribution of 270 gallons of flow and 0.6 pounds of BOD. Based on the EQR schedule in the JFOC Agreement, it is assumed that an EQR is comprised of 3 persons, equating the flow and load allocations to 90 gpcd (not including inflow and infiltration) and 0.2 ppcd, respectively. In addition, approximately 15 gpcd is allowed for inflow and infiltration. The per capita flow and BOD load allocations spelled out in the current JFOC Agreement are realistic and consistent with national averages, and in Tetra Tech’s opinion, do not need to be revised at this time. Upon review of actual sanitary sewage data from Upper Fraser Valley WWTP, the annual average flowrate and the annual average load over the past ten years (2011-2020) are 0.69 MGD and 948 ppd BOD, respectively. The WWTP receives maximum day flows as high as 2.58 MGD in April and May when precipitation and infiltration are at their peak. Maximum day BOD concentrations are highest, at approximately 300 mg/L, in December due to peak tourism associated with the ski industry. Excluded from this report is consideration of slug loads of high-strength brewery and distillery wastewater. Release of such high-strength, non-domestic wastewater to the WWTP, without pretreatment, can elevate influent BOD concentrations to as high as 930 mg/L. Since the plant only samples the influent twice-a-month, it is possible that concentrations over 1,000 mg/L have been received at the facility. The TOF and JFOC are already pursuing solutions to the batch discharge of high-strength organic wastes from breweries and distilleries, including potential pretreatment. This report excludes abnormally high BOD concentrations from analysis under the assumption that the WWTP will not receive high strength brew ery wastewater after a solution and agreement is reached between the TOF and the breweries or distilleries. Similarly, this report assumes that the TOF, GCWS, and WPR will take steps to reduce I/I in its collection systems and subsequent hydraulic surcharge of the WWTP. It should also be noted that while WWTP influent flow data is collected daily, BOD is measured and recorded only twice per month. The BOD concentrations and loads reported as averages and maximum day values are derived from two days, rather than a full month of values, and therefore, may not be fully representative of influent water quality experienced by the WWTP. Furthermore, flow and BOD concentration data are not always collected on the same day, so maximum day loads were approximated by pairing maximum day flows with estimated maximum day BOD concentrations from the same month or season, whether or not the flow and load occurred on the same day. In determining EQR utilization, load is a better indicator than flow due to the significant variability of flow with I/I. Comparing the calculated maximum day loads to allocated maximum day loads per EQR (EQRs sold times 0.6 ppd), the average EQR utilization rate over the past five years is 68%. It is, therefore, possible for the JFOC to lower the assumed flow and load allocation per EQR and sell additional EQRs while staying within the Initial Reserve Capacity of 5,111 ppd, measured as a maximum day load. Tetra Tech suggests 85% utilization as a reasonable target for the ratio between EQRs utilized and EQRs connected. By assuming 85% utilization, the JFOC could consider increasing the number of Reserved EQRs from 8,518 to 10,000. The Initial Reserve Capacity flow and BOD load of 2.3 MGD (not including I/I) and 5,111 ppd could be redistributed over 10,000 EQRs. Raising utilization from 68% to 85% has the aim to better utilize the Upper Fraser Valley WWTP EQR Assessment 18 January 2022 capacity available at Upper Fraser Valley WWTP, while maintaining a capacity buffer for peak events, as would occur during a great ski season with high occupancy and high EQR utilization. Collecting daily or weekly BOD samples in the future would give the JFOC a better, more accurate sense of EQR utilization and would aid in future EQR re-evaluations such as this one. It is recommended that re-evaluations occur no less frequently than once every five years to make sure that 85% utilization is still the appropriate number to use that will allow the JFOC to sell additional EQRs without exceeding the Initial Reserve Capac ity, in terms of maximum day BOD load, provided for in the JFOC Agreement (5,111 ppd). Upper Fraser Valley WWTP EQR Assessment January 2022 APPENDIX A: JFOC AGREEMENT TABLE OF CONTENTS Page SECTION 1. DEFINITIONS 2 SECTION 2. CONSTRUCTION OF INITIAL JOINT FACILITIES AND EXPANSION 5 A. Joint Facilities Manager for Permitting, Design, Construction, and Expansion of Joint Facilities 5 2.1 Joint Facilities Manager ("Manager") 5 B. Planning, Design and Construction of Initial Joint Facilities 6 2.2 Joint Plant Master Plan of Joint Facilities 6 2.3 Initial Plant and Trunk Construction 6 C. Expansion of Joint Facilities 7 2.4 Procedure for Increased Capacity 7 2.5 Capital Project Cost Allocation of Expansion 9 2.6 Expansion Beyond the Joint Plant Master Plan 9 2.7 Mandated Upgrades 9 D. Replacement of Line C 10 2.8 Line C Replacement 10 SECTION 3. OWNERSHIP OF AND CAPITAL PROJECT COST ALLOCATIONS OF JOINT FACILITIES 10 A. Title and Legal Interest in Joint Facilities 10 3.1 Title to Joint Facilities 10 3.2 Legal Interest in Initial Joint Facilities 10 3.3 Ownership Rights to and Repair of Fraser Sanitation District Lines 10 3.4 Sale of Equity in Existing Facilities for Use in Joint Facilities 11 B. Cost of and Reserved Capacity in Initial and Ultimate Joint Facilities 11 3.5 Initial and Ultimate Joint Plant Ownership, Reserved Sewer Capacity and Ultimate Reserve Sewer Capacity 11 3.6 Initial Joint Trunk Lines 12 3.7 Adjustment to Costs 12 TABLE OF CONTENTS Page 3.8 Depreciation 12 C. Expansion of Joint Facilities 12 3.9 Ultimate Reserve Sewer Capacity 12 SECTION 4. OPERATION AND MAINTENANCE OF JOINT FACILITIES AND COST ALLOCATIONS 12 A. Joint Facilities Manager ("Manager") 12 4.1. Joint Facilities Manager ("Manager") 12 4.2 Extension of Services 19 4.3 Existing Capacities 19 4.4 Quarterly Reporting of EQRs 19 4.5 Rules and Regulations 19 C. Joint Facilities Oversight Committee 19 4.6 Establishment of Joint Facilities Oversight Committee 19 4.7 Duties of Joint Facilities Oversight Committee 21 D. Operating Superintendent 23 4.8 Operating Superintendent Responsibilities 23 E. Operations Cost Allocations 25 4.9 Allocation of O&M Costs 25 4.10 Infiltration 25 4.11 Prohibited Discharge 26 4.12 Rules and Regulations 26 SECTION 5. DISPUTE RESOLUTION 26 SECTION 6. INDEMNIFICATION 27 SECTION 7. PUMPBACK, RELOCATION AND WASTEWATER OWNERSHIP 27 7.1 Pumpback for Aesthetic and Related Purposes 27 7.2 Potential Purchase of Capacity 27 ii TABLE OF CONTENTS Page 7.3 Indemnification 27 7.4 Wastewater Ownership 28 SECTION 8. TERMINATION AND DISSOLUTION 28 8.1 Termination 28 8.2 Distribution on Dissolution 28 SECTION 9. MISCELLANEOUS COVENANTS 28 9.1 Records 28 9.2 Competing Systems 28 9.3 Abandonment 28 9.4 Effective Date 28 9.5 Assignment 29 9.6 Severability 29 9.7 Limited Rights 29 9.8 Obligations 29 9.9 Legality 29 9.10 Amendment 29 9.11 Paragraph Headings 29 9.12 Fiscal Year 29 9.13 Principal Place of Business 29 9.14 201 Facilities Plan 29 9.15 Termination Based Upon Construction Costs 30 9.16 Notice 30 9.17 Governmental Immunity 30 9.18 Third Party Beneficiaries 31 9.19 Annual Appropriation 31 9.20 Attorneys' Fees 31 iii UPPER FRASER VALLEY WASTEWATER TREATMENT AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into by and between the Fraser Sanitation District, the address of which is P.O. Box 120, Fraser, CO 80442, (hereinafter referred to as "FS""), Winter Park West Water and Sanitation District, the address of which is P.O. Box 1390, Fraser CO 80442, (hereinafter referred to as "WPW"), and Grand County Water and Sanitation District #1, the address of which is P.O. Box 3077, Winter Park CO 80482, (hereinafter referred to as "GC"). RECITALS: FS and WPW, since 1980, have been operating under a cooperative Agreement, the purpose and intent of which was mutually to benefit themselves and their inhabitants by facilitating the joint construction and operation of interceptor sewer lines and sewage treatment and disposal facilities, and to plan for their future expansion and the allocation of costs thereof. The relationship of FS and WPW, pursuant to the cooperative Agreement, has been generally satisfactory. GC provides wastewater treatment service through a separate collection sewer system and an aerated lagoon treatment facility. The three Districts have concluded that they can more effectively and efficiently provide wastewater treatment service to their respective service areas by consolidating ownership, operation and management of a new wastewater treatment plant to be constructed on the existing plant site of the FS and WPW treatment facility north of County Road 8 and a new and/or expanded gravity sewer trunk line from the GC lagoons to a connection point with the existing FS/WPW interceptor line. It is the desire of FS, WPW and GC to cooperate in the joint construction, maintenance and operation of joint interceptor sewer lines and joint sewage treatment facilities in a manner which will promote the harmonious and efficient provision of service to their residents and accomplish the objectives of each. The Constitution and laws of the State of Colorado permit and encourage local governmental entities to cooperate with each other for the efficient performance of their responsibilities. A regional Wastewater Facilities Plan (the "201 Plan") has been prepared to facilitate the development and specify the design of the Joint Facilities. A Joint Plant Master Plan, as defined in Section 1.20, has been developed by McLaughlin Water Engineers, Ltd., describing a build out of a 6 mgd sewage treatment plant on the existing FS/WPW treatment plant site. The Districts desire to adhere to the existing Joint Plant Master Plan attached as Exhibit 2. The Board of Directors of FS, WPW and GC have each determined and hereby declare that it will be economically desirable and in the best interest of each District and the inhabitants therein and in the interest of the public health, safety and welfare to enter into this Agreement. The Joint Facilities which are subject to this Agreement are defined in Section 1 below. The definition may be amended from time to time. This Agreement shall supercede the Agreement between FS and WPW dated February 19, 1980. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the parties agree as follows: SECTION 1. DEFINITIONS As used in this Agreement, the following words and phrases shall have the following meanings: 1.1 "Agreement" is this Upper Fraser Valley Wastewater Agreement and any amendment thereto. 1.2 "Annual Operations and Maintenance Budget" is an annual budget of revenue, expenditures and capital replacement reserves prepared by the Operating Superintendent, submitted to the Manager and the JFOC for appropriate action, setting forth the revenue and expenditures reasonably necessary to operate the Joint Facilities. 1.3 "Capital Project" is the initial construction or future expansion of any Joint Facilities. 1.4 "Capital Replacement" is a replacement of the Joint Facilities not deemed an Operations and Maintenance Cost by the Operating Superintendent or having a cost in excess of $50,000, increased annually by the CPI, or with a useful life greater than ten years. 1.5 "Capital Replacement Reserve Fund" is the account established and maintained under this Agreement the proceeds of which are to be used for Capital Replacements. 2 1.6 "Connected EQRs" are that number of Reserved EQRs as defined below, which a participating District, has connected to the Joint Facilities. 1.7 "CPI" is the Denver -Boulder -Greeley, Colorado metropolitan area Consumer Price Index for All Urban Consumers. 1.8 "Design Engineer" is an engineer chosen by the Manager subject to approval by the JFOC for the purpose of determining the feasibility of and designing an expansion of the Joint Plant. 1.9 "District" or "Districts" are FS, WPW and/or GC as used singularly or collectively. 1.10 "EQR" is an equivalent residential usage unit, sometimes referred to as a Single Family Equivalent (SFE). Currently an EQR represents a maximum day load of 270 gallons and 0.6 lbs BOD5. 1.11 "Existing Facilities" are the facilities existing and jointly owned by FS and WPW as of the date of execution of this Agreement that shall be incorporated into the Initial Joint Facilities. 1.12 "Legal Interest" is each District's owned percentage interest of the Joint Facilities and its Reserved Sewer Capacity in the Joint Facilities as each District may own from time to time. 1.13 "Excess Flow" is the number of gallons of wastewater per day that the sewerage measured at the flow meter exceeds Connected EQRs multiplied by the average wastewater use characteristics used to establish the current EQRs. 1.14 "Initial Joint Facilities" are the Joint Facilities as defined below up to 2.7 mgd. Any expansions of the Initial Joint Facilities shall be referred to as "expansions." 1.15 "Joint Facilities" are the Joint Plant and Joint Trunk Lines collectively, any related works or improvements, interceptors, or lift stations, and all personal property and fixtures used in connection therewith. 1.16 "Joint Facilities Engineer" is McLaughlin Water Engineers, Ltd. for the Initial Joint Facilities, or such other engineer as chosen subsequent to the completion of the Initial Joint Facilities by the Manager subject to approval by the JFOC. 1.17 "Joint Facilities Manager" (or "Manager") is the entity appointed by the JFOC to oversee and manage the Joint Facilities. The Manager may be a third - party selected by the JFOC including one of the Districts. The initial Manager shall be the Fraser Sanitation District. 3 1.18 "Joint Facilities Oversight Committee" or "JFOC" is a nine -member oversight committee comprised of three members of the Board of Directors of each District appointed by the respective District. The committee is not a separate political entity. Each member shall serve at the pleasure of the District which appoints such member. 1.19 "Joint Facilities Subcommittee" or "Subcommittee" is a committee appointed by the JFOC consisting of at least one member of the JFOC from each District. 1.20 "Joint Plant" is the initial 2.7 mgd Joint Wastewater Treatment Plant as it may be expanded from time to time, and those metering stations deemed necessary by the Manager to monitor the flow and infiltration into the Joint Facilities and Joint Trunk Lines depicted on Exhibit 1 attached hereto. 1.21 "Joint Plant Master Plan" is the plan entitled "Fraser WWTP Master Plan" prepared by McLaughlin Water Engineers, Ltd. and attached as Exhibit 2 hereto as amended from time to time. 1.22 "Joint Project Cost Account" is the project fund account for the Initial Joint Facilities into which the Districts will deposit their contributions for the design and construction of the Initial Joint Facilities. 1.23 "Joint Trunk Lines" are the following, as depicted on Exhibit 1 attached hereto: a. Line A, Joint Grand County/Fraser (Maryvale East Side Trunk), from Grand County New Flow Metering Station to Manhole #19; b. Line B, referred to as Replacement Trunk Thru Fraser, from Manhole #19 to WPW Metering Station; and c. Line C. 1.23 "Line C" is the existing 21 -inch outfall line or its replacement set forth on Exhibit 1 attached hereto which transmits flows from the Districts to the treatment facilities located north of Grand County Road 8. 1.24 "Operating Superintendent" is the superintendent appointed by the Manager. 1.25 "Operations and Maintenance Costs" (or "O&M Costs") are those expenses attributable to operating and maintaining the Joint Facilities to be paid out of the Annual Operations and Maintenance Budget. Operations and Maintenance Costs may include direct administrative and billing labor costs, professional fees (for attorneys, accountants, and engineering consultants specifically engaged to provide services to the Joint Facilities), operations, fines and penalties, management fees, repairs, and minor replacements; they 4 may not include such items as fees or salaries for an individual District's Board of Directors, the cost of preparing an individual District's audit or budget, or other separate expenses. The Operations and Maintenance Costs will be reflected in the Annual Operations and Maintenance Budget. 1.26 "Operations And Maintenance Reserve Fund" is the fund containing three months' operating expenses to provide for any shortfall in the revenues collected necessary to fund the Operations and Maintenance Costs of the Joint Facilities. 1.27 "Pre -sold EQR" is an EQR that is sold but is not contemplated to be connected to the system within the next reporting period. 1.28 "Project Costs" are those costs necessary to complete the design and finish the construction of the Joint Facilities, including engineering costs, jointly incurred legal fees (not related to the negotiation and preparation of this Agreement), 201 Revision expenses, 1041 Plan expenses, Site Application expenses and such other costs determined by the Manager. Such costs may be reviewed and acted on by the JFOC in the same manner as the Annual Operations and Maintenance Budget. 1.29 "Reserved EQR" is an EQR that a participating District elects to commit to the Initial Joint Facilities or in any approved expansion of the Joint Facilities. 1.30 "Pump Back System" would be any facilities and trunk lines used to pump outflows from wastewater treated by the Joint Plant Facilities to an upstream location. The Pump Back System would not be a Joint Facility. 1.31 "Reserved Sewer Capacity" is each District's allocated share of the total Reserved EQR capacity of the Joint Facilities as constructed from time to time. 1.32 "Ultimate Reserve Sewer Capacity" is that number of Reserved EQRs that shall serve as the ultimate design capacity of the Joint Facilities. SECTION 2. CONSTRUCTION OF INITIAL JOINT FACILITIES AND EXPANSION A. Joint Facilities Manager for Permitting, Design, Construction, and Expansion of Joint Facilities 2.1 Joint Facilities Manager ("Manager"). FS shall be the Manager for the permitting, design and construction of the Initial Joint Facilities and the operations and maintenance of said Joint Facilities until such time as another Manager is appointed by the JFOC under Section 4.7.1. The Manager shall have the authority to: 5 2.1.1 Hiring. Hire professionals such as engineers, lawyers and accountants to provide services to the Joint Facilities. The JFOC or a subcommittee thereof shall first review and approve said contracts prior to hiring by the Manager except as otherwise specified herein. 2.1.2 Design and Construction. Let contracts for and supervise the design and construction of the Joint Facilities. The JFOC must approve said contracts and design. 2.1.3 Apply for, Accept Funding. Make application or coordinate the making of applications for funding, including funding under an EPA grant or other state or federal financial assistance, and accept funding that it deems appropriate. WPW and GC agree by executing this Agreement to enter into such applications or other documents if required. 2.1.4 Execute Contracts. Execute funding contracts including notes, bond indentures, revolving bond documentation or grant documentation subject to the approval by the JFOC. 2.1.5 Supervise Construction. Supervise the construction of the Joint Facilities in conjunction with the JFOC Subcommittee. 2.1.6 Other Action. Take all other appropriate action for the funding, construction, operation, maintenance, expenses or replacement of the Joint Facilities reasonably necessary for the Manager to carry out the purposes of this Agreement. This section shall not supersede, or be construed to grant any powers to the Manager specifically limited by this or other sections of this Agreement. B. Planning, Design and Construction of Initial Joint Facilities 2.2 Joint Plant Master Plan of Joint Facilities. McLaughlin Water Engineers, Ltd., prior to creation of this Agreement, has prepared a Joint Plant Master Plan for the Joint Facilities. FS and WPW have relied on the Joint Plant Master Plan in proceeding with the expenditure of funds to acquire the treatment plant site and easements necessary for the construction and use of certain Joint Trunk Lines. All Joint Facilities, including expansions, shall be required to conform to the Joint Plant Master Plan. 2.3 Initial Plant and Trunk Construction. GC acknowledges that FS and WPW have begun to design the Joint Facilities and agree as follows: 2.3.1 Documents. If not already completed, the Engineer is authorized to complete all design drawings suitable for bidding for the construction of 6 the Joint Facilities. The cost of the work described in this paragraph are Project Costs. 2.3.2 Reimbursement of Sums Paid. FS, WPW and GC have previously entered into an Agreement relating to the design of the Joint Facilities. These costs shall be Project Costs and will be billed, if not already billed and paid, in the initial Project Cost billings by the Manager. 2.3.3 Authority to Bid and Construct Joint Facilities. WPW and GC authorize the Manager to bid the Joint Facilities. After review and approval of the bids by the JFOC or Subcommittee the Manager can proceed to accept the appropriate bid and proceed with construction. 2.3.4 Assurance of Payment. Each District, prior to the Manager advertising for bids or issuing a Notice to Proceed, must satisfy the other Districts that it has adequate funding, or will have adequate funding, to pay its Project Costs or the Manager shall not proceed. Such evidence of financing may take the form provided in Section 2.4.3.1, 2.4.3.2 or 2.4.3.3 infra. C. Expansion of Joint Facilities 2.4 Procedure for Increased Capacity. It is understood and agreed that if FS, GC or WPW or any combination thereof find it necessary or desirable to have the sewage plant capacity increased to obtain greater reserved sewer plant capacity, have the Joint Trunk Lines expanded or new trunk lines added, excluding the replacement of Line C, which will be dealt with as provided in Section 2.8 below, the Manager with the authority as set forth in Section 2.1 above, shall proceed as set forth below. No party may request an expansion that would exceed the limit of Ultimate Reserve Capacity, as amended from time to time and as shown on Exhibit 3. Any District may request an increase by the following procedure: 2.4.1 Notice Requirements. The Board of Directors of such District requesting an increase will give notice in writing to the Board of Directors of the other Districts and to the Manager of the necessity or desirability of increasing the plant capacity. Such increases must be in minimum increments of 1.0 mgd. 2.4.2 Joint Meeting. The Board of Directors of the District receiving the notice shall within 60 days review that notice and advise the Board of the initiating District and the Manager whether the receiving District also desires an increase in plant capacity. The Districts shall establish a date, time and location for a joint meeting of the Boards of Directors to determine the approximate increase in the sewage plant required by each District and if unable to agree then said meeting shall be at the Fraser Town Hall on the first Monday, after the 60th day. At such meeting, the Manager shall be authorized, within a reasonable time, to cause to be 7 prepared an engineer's report to show the exact amount of the increase and the estimated cost of such Expansion. The Manager shall designate an engineer for the project to prepare such report. The cost of the engineer's report shall be shared in the allocated proportion each District would have of the total additional Reserved EQRs in the proposed expansion. 2.4.3 Second Joint Meeting. The participating Districts shall establish a date, time, and location for a second joint meeting to be held \not later than 30 days from the receipt of the engineer's report. At such meeting, the participating Districts shall determine the exact increase of the plant capacity required, and each District shall have 60 days thereafter to provide satisfactory evidence of its financing of it's share of the expansion in the form of: 2.4.3.1 Bonds. A certified copy of the resolution authorizing the necessary general obligation bonds and a firm commitment from a reputable underwriter to purchase the bonds or act as broker in the sale of the same. In the event an election is necessary to approve the issuance of these bonds, the District shall hold that election as soon as possible consistent with applicable law. 2.4.3.2 Current Funds. In the event a District determines to provide its financing out of current funds, it shall provide a statement from its auditor that in the auditor's opinion, there will be funds available for the participating District to use at such times as it must draw upon them. 2.4.3.3 Funding by the Manager or Joint Funding. In the event that the Manager can facilitate the funding of the entire project (through State Revolving Fund loans, a bond issue or similar means, or grants), then a contract to assure payment of each District's share of principal and interest shall be signed if agreed to by all parties. 2.4.4 Contracting for Construction. The Districts who elect to participate in the expansion (the "Participating Districts") shall enter into a written Agreement with each other (the "Expansion Agreement"). The Expansion Agreement shall set forth, at the minimum, the scope of the expansion, the cost thereof, including the proposed design and construction cost, the engineering and design of the expansion, the bidding of a contract for the expansion, the contract with the expansion contractor, the pro rata amount of all Districts' respective financial participation, and a detailed description of how the Participating Districts will fund their respective participation. When the Participating Districts have arranged for financing and have concluded the Expansion Agreement, the Manager, after 8 approval from the JFOC which approval shall be considered at a special meeting following the notice requirements set forth in Section 4.6.5.2 Special Meetings , shall let bids for the design and, thereafter, for the construction of the expanded Joint Facilities. Voting and quorum requirements shall follow the rules set forth in Sections 4.6.3 and 4.6.5.3 2.4.5 Payment for Construction. The Participating Districts agree to pay for Reserved Sewer Capacity in the expanded Joint Facilities at the time the monies are required to pay for the construction or other acquisition of such Joint Facilities. The Manager shall prepare Project Cost billings for the expansion of the Joint Facilities, which will be due upon receipt. 2.4.6 Electing Not to Participate. In the event a District chooses for any reason not to participate in the proposed expansion, the other Participating Districts shall retain an absolute right to go forward with their proposed expansion, and shall retain the entire increase in capacity achieved thereby. Each District's Legal Interest will be adjusted in accordance with the examples set forth in Exhibit 5 and as described in Section 2.5. A District which is not a Participating District may still vote on the JFOC's consideration of matters related to the expansion. A District which elects not to participate in a particular expansion shall not be precluded from participating in subsequent expansions of the Facilities. 2.5 Capital Project Cost Allocation of Expansion. Capital Project Cost allocations for future Joint Plant and Joint Trunk Line expansions shall be calculated and allocated between the Districts as set forth in Exhibit 4.13.2 and Exhibit 5.B.2. 2.6 Expansion Beyond the Joint Plant Master Plan. Once the Joint Plant has been expanded to 6.0 mgd under the Joint Plant Master Plan and is operating at 80% capacity, the Manager, subject to approval by the JFOC, shall hire a Design Engineer to prepare an amendment to the Joint Plant Master Plan indicating the feasibility of increasing the Joint Facilities capacity beyond 6 mgd at that Joint Plant site, including required trunk modifications and replacements, estimating costs and recommending modifications to the allocation of costs between the Districts if the expense and/or complexity of the Joint Plant Master Plan amendment renders cost allocation under this Agreement unfair or inappropriate. Such amendment shall be approved by Directors of the Boards of FS, WPW, and GC. The vote for such amendment shall follow the procedures outlined in Section 5.1.2. 2.7 Mandated Upgrades. The cost of any upgrades to the Joint Facilities mandated by state or federal governmental procedures, rules or regulations shall be calculated and allocated between the Districts as set forth in Exhibit 4.B.2 and Exhibit 5.B.2. All Districts must participate in the cost of such mandated upgrades. 9 D. Replacement of Line C 2.8 Line C Replacement. Line C, an existing 21 -inch trunk line, is predicted to have adequate capacity for the initial project. WPW and FS are contributing the initial Line C to the Joint Facilities in exchange for the Agreement by GC that upon any expansion of the Reserved Sewer Capacity in the Joint Facilities, which will cause a recommendation by the Joint Facilities Engineer designing the expansion to increase the Line C size, GC will pay all Project Costs to have \Line C designed and upgraded or replaced to accommodate the total Ultimate Reserve Sewer Capacity as set forth in Exhibit 3 attached hereto. Such upgrade or replacement cost shall not be included in any equity calculation relating to the Joint Facilities but shall be a separate and discreet cost of GC. Upon completion of the upgrade or replacement of Line C, Line C shall be a part of the Joint Facilities, ownership shall be in the same percentage that exists for the other Joint Facilities and all Districts shall participate in future repair, replacement or upgrade projects in proportion to their Reserved Sewer Capacity. SECTION 3. OWNERSHIP OF AND CAPITAL PROJECT COST ALLOCATIONS OF JOINT FACILITIES A. Title and Legal Interest in Joint Facilities 3.1 Title to Joint Facilities. Title to the Initial Joint Facilities shall be vested in FS, WPW and GC in accordance with their respective Legal Interest after completion of the Initial Joint Facilities. FS, GC and WPW shall own the Legal Interests in the Initial Joint Facilities as calculated on Exhibits 4 & 5. Upon completion of the initial and any major plant expansion, these Legal Interests will be recalculated and the deed to the real property shall be amended to reflect these changes in Legal Interests. 3.2 Legal Interest in Initial Joint Facilities. Each District's percentage of the total Reserved Sewer Capacity in the Initial Joint Facilities will constitute that District's Legal Interest in the Initial Joint Facilities. 3.3 Ownership Rights to and Repair of Fraser Sanitation District Lines. The District's recognize that the lines transiting through the Fraser Sanitation District are unique in nature because they serve as both collection lines for the Fraser Sanitation District and combined Joint Trunk Lines for the Joint Facilities. As such, it is agreed by all District's that the lines within the Fraser Sanitation District boundaries will forevermore be the sole property of the Fraser Sanitation District. Except as to replacement of Line C as discussed in Section 2.8 above, other Districts using and contributing to the cost of the lines shall own Reserved Sewer Capacity in these lines as calculated in Exhibit 3 and Exhibit 5, which shall be equal to their respective percentages of their contributions to the total contributed capital. In addition, as a byproduct of this arrangement, FS shall 10 always have the right to alter or repair any section of these lines and pay for any costs associated therewith. The other Districts owning Reserved Sewer Capacity in these lines agree to pay any bills submitted by FS for such changes or repairs in the proportion of their Reserved Sewer Capacity. 3.4 Sale of Equity in Existing Facilities for Use in Joint Facilities. FS and WPW currently own and operate the existing treatment plant and the current plant site and the easements in which Line C is located (the "Existing Facilities"). The ownership is FS 46.49% and WPW 53.51%. Both FS and WPW have agreed to contribute the current plant to the Joint Facilities for a value for the purposes of this Agreement of $800,000 and the plant site and easements for the value paid to acquire the same in condemnation of $200,000. GC shall pay to FS $154,970 and WPW $178,370 as payment for its initial Legal Interest in the Initial Joint Facilities which interest shall become effective upon completion of the Joint Facilities. Payment shall be made in two equal installments. The first installment shall be paid upon the recording of the deed reflecting GC's Legal Interest in the Existing Facilities. The second installment shall be made on or before the date of substantial completion of the Initial Joint Facilities. No interest shall accrue on the second installment. This total payment of $333,340 shall be used to calculate GC's Legal Interest upon the completion of the Initial Joint Facilities under Exhibit 4. It is agreed by all Districts that GC is acquiring legal title only and not any rights to capacity in the existing facility. These reserved capacities will be recalculated and transferred to GC when the Initial Joint Facilities become operational. B. Cost of and Reserved Capacity in Initial and Ultimate Joint Facilities 3.5 Initial and Ultimate Joint Plant Ownership, Reserved Sewer Capacity and Ultimate Reserve Sewer Capacity. The Legal Interest after construction of the initial expansion, the Reserved Sewer Capacity in the initial expansion and the Ultimate Reserve Sewer Capacity in the master planned plant facility are reflected in Exhibit 3.I. 3.5.1 Payment Obligations. Each District shall contribute an amount equal to its change in equity in the plant before and after the initial 2.7 mgd expansion. Such contribution shall be calculated as follows: 3.5.1.1 Legal Interest After Project Completion. The amount of Legal Interest each District shall have in the Joint Plant after completion is calculated by multiplying each District's Reserved Sewer Capacity in the initial Joint Plant by the total value of the Joint Plant after completion. For illustration purposes the total value of the Joint Plant is projected to be $9,900,000 ($8,900,000 estimated for the Project Costs plus $1,000,000 for the agreed upon value of the existing facilities), as demonstrated in Exhibit 4.A.2(b). The actual Project Costs will be substituted for the estimated Project Costs. 3.5.1.2 Legal Interest Prior to Completion. FS and WPW have a Legal Interest in the existing plant as set forth in Exhibit 4.A.2(a). 3.5.1.3 Cost Allocation. The costs shall be allocated to each District by subtracting the dollar amount of each District's Legal Interest prior to completion from the dollar amount of the each District's Legal Interest in the project after completion as set forth in Exhibit 4.B.2(c). 3.5.1.4 Billing and Payment for Project Costs. The Manager shall bill regularly for Project Costs to each District and payment is due upon receipt of the billing. Payment shall be made to the Joint Project Cost Account. 3.6 Initial Joint Trunk Lines. The Legal Interest after construction of the Initial Joint Facilities, the Reserved Sewer Capacity therein and the Ultimate Reserve Sewer Capacity in the master planned trunk lines are reflected in Exhibit 3.II. 3.7 Adjustment to Costs. The parties acknowledge that the payment obligations for the initial Joint Plant and Joint Trunk Lines set forth above are initial estimates only and will be adjusted to reflect actual Project Costs. 3.8 Depreciation. Each District shall depreciate the treatment facilities at the rate of two and one-half percent (21/z%) per year, and one and one quarter percent (1.25%) per year for Joint Trunk Lines. C. Expansion of Joint Facilities 3.9 Ultimate Reserve Sewer Capacity. The Joint Facilities may be expanded to the maximum Ultimate Reserve Sewer Capacity under the Joint Plant Master Plan governing the expansion of the Joint Facilities. The master planned Ultimate Reserve Sewer Capacities at the time of signing this Agreement are set forth in Exhibit 3. SECTION 4. OPERATION AND MAINTENANCE OF JOINT FACILITIES AND COST ALLOCATIONS A. Joint Facilities Manager ("Manager") 4.1 Joint Facilities Manager ("Manager"). FS shall be designated the initial Manager for the operations and maintenance of the Joint Facilities. For every action that may be reviewed by the JFOC in accordance with the terms of this Agreement, the Manager shall submit a preliminary proposal (identified as 12 "preliminary" on the first page of the proposal) to the JFOC for its review and comment at least 30 days prior to submission of the final proposal (identified as "final" on the first page of the proposal) for approval by the JFOC. The Manager shall consider the comments of the JFOC to the preliminary proposal in its preparation of the final proposal. The Manager shall: 4.1.1 Operating Superintendent. Appoint an Operating Superintendent to supervise to perform the responsibilities described in Section 4.D of this Agreement. The Operating Superintendent shall have a valid current license of the type required by the Joint Plant Discharge Permit. The JFOC shall be consulted prior to the final selection of the Operating Superintendent and the Manager shall consider the JFOC's comments prior to final selection. After consideration of any objections the Manager shall make the selection. The Operating Superintendent shall be an employee of the Manager and shall have the responsibilities set forth below. The initial Operating Superintendent shall be Joe Fuqua. 4.1.2 Annual Operations and Maintenance Budget. Receive and review the Annual Operations and Maintenance Budget submitted by the Operating Superintendent. The Manager shall provide a copy of the Budget to the JFOC sufficiently in advance of the time necessary to permit the individual Districts to include the Annual Operations and Maintenance Budget, after action by the JFOC in each District's own budget. The Manager shall follow the procedures for JFOC budget approval outlined in Section 4.7.2. 4.1.3 Capital Construction. Work in conjunction with the JFOC or its Subcommittee to monitor the course of construction on capital contracts issued for the Joint Facilities. 4.1.4 Rules and Regulations and EQRs. 4.1.4.1 Rules and Regulations. Propose Rules and Regulations to govern the operation and maintenance of the Joint Facilities, including Rules and Regulations relating to the availability of service from, the connection with, the use of, the disconnection from, infiltration in, prohibited discharge to and industrial wastes. The Rules and Regulations may be amended from time to time and must be approved by the other participating Districts through the JFOC as described in Section 4.7.5. 4.1.4.2 Characteristics of EQRs. Amend the EQR schedules from time to time as historic use data are obtained. The characteristics defining an EQR shall be the average wastewater use characteristics of a single-family home. The EQR schedules as 13 initially established are set forth in Exhibit 6 attached hereto and may be amended from time to time as described in Section 4.7.5. 4.1.4.3 Discharge Permit. FS, WPW and GC agree to obtain a joint discharge permit for the Initial Joint Facilities and later Expanded Facilities. The Manager shall operate the Initial Joint Facilities and Joint Facilities consistent with the discharge permit. All parties listed on the discharge permit agree to be responsible for their prorata share of any fees, fines, or other costs resulting from the discharge permit obligations. Prorata share shall be defined as each District's proportional share of Connected EQRs. 4.1.5 Joint Accounts. The Manager shall follow Generally Accepted Accounting Principles in accounting for all costs of the Joint Facilities. At a minimum, the accounting system for the Joint Facilities Costs shall provide that costs be recorded into the following cost categories: a. Joint Plant, including site and the existing WPW and the new GC metering stations. 1. Operations and Maintenance 2. Capital Projects 3. Capital Replacements b. Joint Trunk A. 1. Operations and Maintenance 2. Capital Projects 3. Capital Replacements c_ Joint Trunk B. 1. Operations and Maintenance 2. Capital Projects 3. Capital Replacements d. Joint Trunk C. 1. Operations and Maintenance 2. Capital Projects 3. Capital Replacements 4.1.6 Operations and Maintenance. 4.1.6.1 Fees. The Manager will set Operations and Maintenance basic fees based on Connected EQRs. Fees for each category shall be established during the Joint Facilities budget process. In addition to the basic fee, an excess fee for processing costs due to excess infiltration, any material change in raw wastewater temperature or any material increase in wastewater strength shall be charged to 14 each District in proportion to the amount attributable to such District. The fees shall be allocated to each District as set forth in Section 4.9. 4.1.6.2 Operations and Maintenance Reserve Fund. The Manager shall establish, accumulate and maintain an Operations and Maintenance Reserve Fund. Such reserves shall be accumulated by regular monthly charges and shall be adequate for the payment of three months' Operations and Maintenance Costs. The initial contributions to the fund shall be made over a three-year period from the date of the first joint billing of Operations and Maintenance Costs. 4.1.6.3 Plant Capacity Evaluation. The parties agree to evaluate the useable capacity in the plant five years after the initial date the plant begins operations or at any point in time when any District reaches 80% of its Reserved Sewer Capacity. The process shall involve the Manager and the JFOC whom together shall evaluate and consider whether Operations and Maintenance fees and/or plant capacity should be adjusted to account for seasonal variations in the strength of wastewater and flow delivered to the Joint Facility in addition to Connected EQRs. To facilitate this analysis, the parties agree that the Manager shall maintain such records as will allow them to determine the seasonal variations in the strength of wastewater and flow contributed to the Joint Facility by each of the Districts as well as the fixed and variable costs of operating the Joint Facility. Each of the Districts agrees to conduct an EQR analysis with their respective District to determine as accurately as possible the actual gallons of wastewater and flow generated on a per EQR basis. The parties further agree to evaluate and consider the most accurate and fair manner in which each District shall determine if an expansion of the Joint Facility is necessary to provide wastewater treatment to its service area, including without limitation the ratio of Connected EQRs then in use to Reserved EQRs and the percentage of Reserved Sewer Capacity then in use by the District considering expansion. The Manager and the JFOC shall utilize the Joint Facilities Engineer to assist in this evaluation. Within one year of the date of this Agreement and, thereafter, when any District reaches 80% of its Reserved Sewer Capacity, the Manager shall contract with an independent engineer to conduct an independent analysis of Connected EQRs in each District and shall report the findings to the JFOC. The JFOC may direct the Manager to contract for additional independent audits at any time. 4.1.7 Capital Replacements. 4.1.7.1 Fees. A Capital Replacement Reserve shall be accumulated by regular monthly fees in an amount equal to 1112th of the amounts identified for capital replacements in the Capital Replacement Reserve Study prepared annually pursuant to Section 4.1.7.3. Capital Replacement Costs are allocated to each District based upon that District's Reserved Sewer Capacity in the Joint Facilities. 4.1.7.2 Capital Replacement Reserve Fund. The Manager shall accumulate and maintain a reasonable reserve for the current Reserved Sewer Capacity Capital Replacements. All funds accumulated for reserves shall be kept in a separate bank account, segregated from the general operating funds. Separate sub accounts will be maintained detailing each District's accumulated contributions and annually interest will be apportioned to each District's balance in the account. The Manager shall prepare the initial Capital Replacement Reserve Study as set forth below which shall be completed to coincide with the date the Joint Plant becomes operational. The Capital Replacement Reserve Study shall be prepared annually thereafter. The balance of the Capital Replacement Reserve Fund shall be determined by the JFOC for the respective Joint Facility for which such account is maintained. The Manager shall determine expenditures from the reserve funds subject to the approval of the JFOC for any expenditure greater that $50,000, increased annually by CPI. If reserves are inadequate for any reason, including nonpayment by any District, the Manager may levy a further assessment, which will be a charge against each District in proportion to their respective Reserved Sewer Capacity on the date of assessment. Such special assessments are due when the billing in which it is included is due. The Manager shall serve notice of any such further assessments on all Districts by a statement in writing giving the amount and reasons therefore, and such further assessments shall, unless otherwise specified in the notice, become effective with the next monthly billing 4.1.7.3 Capital Replacement Reserve Study. The Manager shall prepare a study of the Capital Replacement Reserve Account requirements. The cost of the study shall be considered part of the operating expenses of the Joint Facilities. The study required by this section at a minimum shall include: 16 a. Anticipated Maintenance and Replacements. Identification of the major components which the Districts are obliged to repair, replace, restore or maintain, which as of the date of the study have a remaining useful life of less than 30 years; b. Useful Life. Identification of the probable remaining useful life of those components of the\ Joint Facilities anticipated to be replaced or restored; c. Cost Estimate. An estimate of the cost of replacement or restoration of each component identified during and at the end of its useful life; and d. Annual Contribution. An estimate of the total annual contribution necessary to defray the cost to replace or restore each component during and at the end of its useful life, after subtracting total reserve funds as of the date of the study. 4.1.7.4 Inclusion in Legal Interest Calculations. It is understood by FS, GC, and WPW that depositing funds into these reserves will affect the recurring calculation of each District's Legal Interest in the Joint Facilities at the time they are expended. When expended the Legal Interests shall be adjusted as described in Exhibit 4 as if there had been a Joint Facility expansion. 4.1.8 Monthly Billing. The Manager shall bill for the Operations and Maintenance fees described in Section 4.1.6.1 and the Capital Replacement fees described in Section 4.1.7.1 monthly. Payments shall be due upon receipt of the bill. Billing statements shall reflect a charge for operations and maintenance and capital replacement for each facility. If payment is not made within 30 days of receipt of the bill the Manager shall charge 1% per month on the unpaid balance. Joint Facility costs shall be billed to each District on a monthly basis once the Joint Plant is operational. 4.1.9 Liens and Encumbrances. The Manager shall keep the Joint Facilities and related assets free and clear of all liens and encumbrances. 4.1.10 Ultimate Users. The Manager shall have no obligation to bill or collect fees from any ultimate user of wastewater services. 4.1.11 Fees in Respective Service Areas. Nothing in this Agreement shall preclude a District from assessing any fees for service in its respective service area additional to the fees assessed by the Manager. 17 4.1.12 Infiltration. The Manager shall keep the JFOC informed on a regular basis regarding infiltration levels. 4.1.13 Bonding. The Manager shall be bonded. The amount of the bond shall be reviewed and set annually by the JFOC. The cost of bonding shall be included in the operating budget. 4.1.14 Permits and Taxes. Make or arrange for all payments required by permits, contracts and other Agreements related to operating the Joint Facilities and pay all taxes, assessments and like charges affecting operations of the Joint Facilities. 4.1.15 Financial Records. Keep and maintain all required accounting and financial records necessary or incident to operating the Joint Facilities in accordance with customary procedures in the field of wastewater treatment. Each of the Districts shall further have the right, at any time during regular business hours, to review and inspect the accounting, financial and billing records maintained by the Manager or the Operating Superintendent. 4.1.16 Insurance. Obtain and maintain insurance customarily maintained by similar public utilities, which insurance shall identify all the Districts as insureds and shall be in an amount, as determined by the Districts, sufficient to reimburse the Districts for all damages and costs incurred by them in the event of negligent and, if possible, intentional malfeasance of the operator. The obtaining or maintaining of insurance shall not be construed to waive or otherwise impact the governmental immunity on any District. 4.1.17 Emergency Repairs. The Manager may cause to be made those repairs deemed to be necessary by him, the cause of which materially threatens the operations of the Joint Facilities. In the event such an emergency repair arises, the Manager shall have the authority to hire a contractor(s) to make emergency repairs or acquire needed parts, materials, and equipment to restore the Joint Facilities to operational condition. The Manager shall advise the Districts of the emergency repairs within 7 business days of the emergency. 4.1.18 Reserved Sewer Capacity Reporting. Advise a District if that District is approaching 80% of its Reserved Sewer Capacity. 4.1.19 Bil ling. Perform all tasks necessary to compile, issue and track the billing for all Districts with connected EQRs on a monthly basis for the fees set forth in Section 4.1.8 above. 18 B. Districts' Obligations 4.2 Extension of Services. Each District may extend sewer services to customers or users within or without its own corporate boundaries as presently existing or hereinafter constituted, without approval of the other Districts; provided, however, that no such extension of services is permitted unless such District has the necessary excess Reserved Sewer Capacity to provide those customers or users service. 4.3 Existing Capacities. No District shall have the right to utilize, in any manner, the proprietary capacity of another District without the written consent and Agreement of the District which owns such capacity. 4.4 Quarterly Reporting of EQRs. Each District shall quarterly report to the others the number of EQRs it has sold during the preceding quarter under the terms of this Agreement, including Pre -sold EQRs. Additionally the Manager shall on a tri-annual basis require the Joint Facilities auditor to audit the EQR accounts of each District and each District shall cooperate with the auditor. Each District may review the EQR calculations of the other Districts. 4.5 Rules and Regulations. Each District shall establish and enforce Rules and Regulations concerning the use of the system by its customers or users that reflect the Rules and Regulations established by the Manager under Section 4.1.4 above and are consistent with the rules and regulations of any and all state and federal agencies having jurisdiction over their operations. C. Joint Facilities Oversight Committee 4.6 Establishment of Joint Facilities Oversight Committee. 4.6.1 Creation. There is hereby created and established the Joint Facilities Oversight Committee (`JFOC"). 4.6.2 General Purpose. The JFOC shall be established as an oversight committee to represent the three Districts generally for the purposes of constructing, expanding, operating, managing and maintaining the Joint Facilities for the benefit of the Districts, and communicating with the Joint Facilities Manager. 4.6.3 Composition and Quorum The JFOC shall be composed of nine Members. Three Members shall be appointed by each of FS, WPW and GC. Each Member shall serve on the JFOC at the pleasure of his / her appointing District. Each Member shall have one vote on all matters to come before the JFOC. The names of the initial Members are set forth in the attached Exhibit 7. Each District may permit any member of its Board not appointed to the JFOC to act as an alternate at any meeting of the 19 JFOC. All official business of the JFOC shall be conducted only during such regular or special meetings at which at least six of the nine members are present. Proxies are not permitted. Attendance is required to vote on any issue. If a quorum is not present at any meeting the members present shall continue the meeting to a date and time certain not longer that 15 days from the original meeting. 4.6.4 Compensation. Members shall or shall not receive c,.ompensation for their services as determined by the individual District appointing such member. 4.6.5 Meetings. 4.6.5.1 Regular Meetings. Regular meetings of the JFOC shall occur not less than semiannually, at a specific time and place to be determined by the JFOC with such notice as required by Section 32-1-903 of the Colorado Revised Statutes as now enacted or as hereafter reenacted or amended. 4.6.5.2 Special Meetings. Any District may call special meetings of the JFOC at any time, and it shall thereupon be the duty of such District to cause notice of such meetings to be given as hereinafter provided. The District calling such meeting shall inform the other Districts of the date, time, and place of such special meeting, and the purpose for which it is called, by mailing written notice thereof to each District, postage prepaid, at least seven (7) days prior to the special meeting and by posting notice as provided in Section 32-1- 903(2) of the Colorado Revised Statutes as now enacted or as hereafter reenacted or amended. Special meetings of the JFOC shall be held at such time and place reasonably convenient to all of the Members and shall be fixed in the Notice. Attendance of a Member at any meeting of the JFOC shall constitute a waiver by such Member of notice of such meeting, except when such Member attends such meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully convened. 4.6.5.3 Voting. JFOC Members shall have one vote on all matters to come before the JFOC. All measures voted on by the JFOC must pass based on the table below and including a minimum of one (1) affirmative vote from each District, except in the event that one District fails to attend JFOC meetings duly noticed pursuant to Sections 4.6.5.1 and 4.6.5.2 of this Agreement or a meeting continued or rescheduled pursuant to Section 4.6.5.4. Failure to attend a meeting called under the process identified in either 20 4.6.5.1, 4.6.5.2 or 4.6.5.4 shall cause the District failing to attend to forfeit it's right to vote on the issues at said meeting: Members in Attendance Affirmative votes required to pass 6 5 7 5 8 6 9 6 Failure to take affirmative action on an item after two votes in two separate meetings shall cause the matter at question to be considered under Section 5, Dispute Resolution. 4.6.5.4 Continuation and /or rescheduling. Regular or special meetings may be continued to a date, time and place certain by the JFOC. Also at the written request of any Board a regular or special meeting shall be rescheduled to a date and time certain not longer than 15 days from the originally scheduled meeting. Such request must be received by the other two Boards three days prior to the originally scheduled meeting. Only one such rescheduling shall be granted for each District for each regular or special meeting and the District requesting rescheduling shall be required to provide proper notice for such rescheduled meeting according to the procedures set forth above. 4.6.5.5 Open Meetings. Meetings of the JFOC shall comply with the Open Meetings Law (24-6-401, et seq. of the Colorado Revised Statutes as now enacted or as hereafter reenacted or amended). Records of the JFOC, the Manager and the Superintendent shall be subject to the Open Records Act (24-72-201, et seq. of the Colorado Revised Statutes as now enacted or as hereafter reenacted or amended). 4.6.5.6 Secretary. The JFOC shall appoint a Secretary, who may not be a member, to prepare minutes and to maintain the official records of the JFOC. The Secretary shall be compensated for his or her services. 4.7 Duties of Joint Facilities Oversight Committee. The Joint Facilities Oversight Committee shall: 4.7.1 Appoint a Manager. The JFOC shall appoint a Manager to manage, direct and control the operations of the Joint Facilities and coordinate construction of new Expansions and do all other acts reasonably necessary to maintain the Joint Facilities. The initial Manager shall be the Fraser 21 Sanitation District. The JFOC shall enter into such compensatory arrangements with the Manager as it deems necessary. A new Manager may be designated by the JFOC at year intervals. The old Manager shall continue to serve until the new Manager has been selected. The Manager may be removed prior to the expiration of such Manager's term for a material breach of this Agreement or action constituting gross negligence in accordance with the voting procedures set forth in Section 5.1.2. 4.7.1.1 Non District as Manager The Districts recognize that the Managers duties specified in Section 4.A apply to the appointment of a District as Manager and these same duties and powers may not be applicable or appropriate in the event a non District is appointed as Manager. If a non District is appointed to be the Manager, the Districts agree to review the Manager's duties, amend Section 4.A to reflect changes appropriate to appointing a non District as Manager, and to then include those duties and powers in a separate contract with the non District Manager. 4.7.2 Review and Approve Annual Operations and Maintenance Budget. The JFOC shall review and vote on the Joint Facilities Annual Operations and Maintenance Budget, in accordance with the voting procedures set forth in Section 4.6.5.3. If the JFOC disapproves the Budget it must notify the Manager immediately of such disapproval. The Manager may then consider the comments of the JFOC and resubmit an amended Budget to the JFOC to address those comments or submit the Budget to a hearing of all three Boards. If the Budget cannot be approved under the process set forth in Section 4.1.2 and this Section 4.7.2, including Dispute Resolution in Section 5.1.2, the Manager may continue to operate using the current years Budget, plus inflation indexed to the CPI set forth in Section 1.7, and adjustments made to reflect the increase in connected EQRs since the last approved Budget or a six percent (6%) increase whichever is greater. Voting shall follow the procedures set forth in 4.6.5.3. 4.7.3 Review and Approve Rates. Review and approve the Rates as submitted to the JFOC by the Manager. The procedures for approval shall be the same as that set forth above in Section 4.7.2. If a rate change cannot be affirmatively approved, the rates shall remain the same. 4.7.4 Review Operating Superintendent, Joint Facilities Engineer and Design Engineer Selection. Review and approve the selection of the Operating Superintendent, the Joint Facilities Engineer and the Design Engineer by the Manager. The procedures for approval of the Manager's selection of a Joint Facilities Engineer, following completion of the Initial Joint Facilities, and the Design Engineer shall be the same as that set forth in Section 4.7.2. 22 4.7.5 Review Rules and Regulations and Characteristics of EORs. Review and approve the Rules and Regulations proposed by the Manager that govern the Joint Facilities and the EQR schedules as amended by the Manager. The procedures for approval shall be the same as that set forth in Section 4.7.2 4.7.6 Review Discharge Permit Requirements. Review the requirements of the Discharge Permit obtained for the operation of the Joint Facilities. 4.7.7 Appoint a Subcommittee to Review Capital Construction. Review and approve contents of requests for proposals for facilities design, final design and construction drawings, construction contracts and capital construction reports issued by the Manager. The JFOC or its Subcommittee shall advise the Manager within 30 days of receipt of a any of the above of any concerns or deficiencies it finds regarding the construction and/or supervision of construction of the Joint Facilities. 4.7.8 Audit. Contract for the preparation of an annual audit of the Joint Facilities operations, including the Joint Accounts described above. 4.7.9 Provide Direction to the Manager. Make decisions and convey them to the Manager on all of the above within the time frame provided in the request for review. D. Operating Superintendent 4.8 Operating Superintendent Responsibilities. The Joint Facilities shall be operated and maintained by the Operating Superintendent selected by the Manager. Under the direction of the Manager, the Operating Superintendent shall manage, direct and control the daily operations of the Joint Facilities and do all other acts reasonably necessary to maintain the facilities and its related assets. The Operating Superintendent shall: 4.8.1 General Duties. Implement the decisions of the Manager, make all expenditures necessary to carry out the directions of the Manager and promptly advise the Manager if insufficient funds are available to implement any such direction or program adopted by it. 4.8.2 Annual Operations and Maintenance Budget. Prepare a budget for the reasonable and necessary revenues and expenses for the operations and maintenance of the Joint Facilities and the Capital Replacement Costs and submit such budget to the Manager's Board of Directors no later than August 1st of each year. The Annual Operations and Maintenance Budget shall set forth the following: 23 a. Expenses. All proposed budget expenditures including reasonable Capital Replacement Reserves and reserves for emergency contingencies for the upcoming fiscal year; b. Revenues. Anticipated revenues for the budget year including recommended fees for EQR, Excess Flow, infiltration, and temperature and composition changes; c. Balances. Estimated beginning and ending fund balances; d. Prior Year Actual Figures and Estimates. The corresponding actual figures for the prior fiscal year and estimated figures projected through the end of the current fiscal year, including disclosure of all beginning and ending fund balances, consistent with the basis of accounting used to prepare the budget; e. Statement. A written budget message describing the important features of the proposed budget, including a statement of the budgetary basis of accounting used and a description of the services to be delivered during the budget year; and f. Schedules. Explanatory schedules or statements classifying the expenditures by object and the revenues by source. 4.8.3 Record Keeping. Keep records for the Joint Facilities. These records shall be open for inspection by the other Districts at any time during regular business hours. 4.8.4 Purchasing. Purchase or otherwise acquire all material, supplies, equipment, utility and transportation services required for the daily operation of the Joint Facilities. 4.8.5 Operation of Facilities. Operate and maintain the Joint Facilities in good working order and in accordance with all applicable industry practices and standards. Each of the Districts shall have the right, at any time, to inspect the Joint Facilities for any purpose. 4.8.6 Compliance. Apply for all necessary permits, licenses and approvals; comply with applicable federal, state and local laws and regulations, including without limitation, such laws, regulations and permits related to wastewater treatment, health and safety; promptly notify the Manager of any allegations of substantial violation thereof; and prepare and file all reports or notices required to operate the Joint Facilities. 4.8.7 Reports. Keep FS, GC and WPW apprised of all matters related to the operation of the Joint Facilities by, at a minimum, submitting quarterly 24 reports to the Districts which include statements of expenditures and comparisons of such expenditures to the budget, a summary of operations of the Joint Facilities including amounts of wastewater treated, the source thereof and discharge of treated effluent and such other reports as are prepared by the Operating Superintendent in performance of his duties. 4.8.8 Reserved Sewer Capacity Reporting. Keep the Manager apprised of the Reserved Sewer Capacity usage of each District on a regular basis and advise the Manager if a District is approaching 80% of its Reserved Sewer Capacity. 4.8.9 Emergency Repairs. The Operating Superintendent may cause to be made those repairs deemed to be necessary by him, the cause of which materially threatens the operations of the Joint Facilities. In the event such an emergency repair arises, the Operating Superintendent shall have the authority to hire a contractor(s) to make emergency repairs or acquire needed parts, materials, and equipment to restore the Joint Facilities to operational condition. The Operating Superintendent shall make every effort to advise the President of the Manager within 24 hours of the emergency if possible or as soon thereafter as the President may be reached. 4.8.10 Miscellaneous. Undertake all other activities reasonably necessary to fulfill the foregoing. E. Operations Cost Allocations 4.9 Allocation of O&M Costs. Operations and maintenance expenses for the Joint Facilities shall be allocated to each of the participating Districts in proportion to the total Connected EQRs processed by the plant and attributable to each District plus additional processing costs due to excess infiltration, any material decrease in raw wastewater temperature or any material increase in wastewater strength that is attributable to any District. A flow meter installed in each Joint Trunk Line just before the entrance to the joint interceptor will measure the flow and any Excess Flow shall be included in the percentage of flow of the District from which it emanates. If the flow meter fails, the Operating Superintendent in his sole discretion shall estimate the amount of excess flow attributable to each District: provided, however, that the Operating Superintendent shall arrange for repair or replacement of such flow meter as soon as practicable. 4.10 Infiltration. The Districts agree that infiltration or leakage into the Joint Facilities must be limited to provide economical treatment and to comply with Discharge Permits. They further agree that the infiltration and/or leakage into the Joint Facilities shall be limited to standards as prescribed by the Joint Facilities Engineer. Each District shall retain the right to enter upon the other's property to inspect for infiltration. 25 4.11 Prohibited Discharge. Each District shall be prohibited from discharging into the system any gasoline, oils, greases, other toxic substances, or other contaminants that might interfere with the treatment processes, and each agrees to prevent the discharge of such substances by customers into the Joint Facilities. 4.12 Rules and Regulations. The standards for Sections 4.10 and 4.11 regarding discharge into the Joint Facilities will be governed by the Rules\and Regulations adopted pursuant to Section 4.1.4.1 and Section 4.7.5 for the Joint Facilities which Rules and Regulations shall be adopted by each District. SECTION 5. DISPUTE RESOLUTION 5.1 Any dispute arising under this Agreement shall follow the following procedures for resolution: 5.1.1 Procedure 1. Unless the JFOC is a party to such dispute, the parties will first submit the dispute for consideration to the JFOC, which shall review the matter and decide how to resolve the matter. The voting on the matter shall be in accordance with the procedures set forth in Section 4.6.5.3. Failure to resolve the matter after two votes in two separate meetings shall cause the matter at question to be considered under Section 5.1.2. 5.1.2 Procedure 2. The matter will be presented to a publicly noticed regular or special meeting of all District Boards to be held not earlier than 10 days nor later than 30 days after the matter is submitted to the Boards for consideration_ The Boards will review the matter and decide how to resolve the matter. The decision of the Joint Boards must be made by a quorum of at least ten Board Members based on the table below and including a minimum of two (2) affirmative votes from each District, except in the instance when one District fails to attend the meeting. Failure to attend a meeting shall cause the District failing to attend to forfeit its right to vote on the issues at said meeting: Members in Attendance Affirmative votes required to pass 10 7 11 7 12 8 13 8 14 9 15 9 Any District may request continuation or rescheduling of the meeting of the Boards in accordance with the procedure identified in Section 4.6.5.4 above. 5.1.3 Procedure 3. If the forgoing measures do not produce an acceptable resolution of the dispute, the matter shall be submitted to, and resolved by, 26 binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association ("the Association"), using a three -person arbitration panel. Expenses of the arbitration, excluding attorney's fees, shall be awarded by the arbitration panel to the party it deems to be the subsequently prevailing party. Any award in arbitration may be filed with the District Court in and for Grand County and may thereafter be fully enforced as the judgment of the District Court. SECTION 6. INDEMNIFICATION 6.1 Each of the Districts severally agrees to indemnify and hold harmless the other Districts from and against all actions, causes of action, claims, counterclaims, demands, liabilities, losses, damages and expenses, including costs and attorney's fees, which may be sustained or incurred by them in connection with any action, cause of action, claim, counterclaims or demand arising from or related to agreements entered into by any of the parties hereto to which the other Districts are not parties. SECTION 7. PUMPBACK, RELOCATION AND WASTEWATER OWNERSHIP 7.1 Pumpback for Aesthetic and Related Purposes. The parties may, but shall not be obligated to, enter into a separate Agreement or Agreements, along with the Towns of Winter Park and Fraser, provided that the terms thereof shall be acceptable to each of them, for the purpose of contributing or funding acquisition of easements, providing for engineering, constructing, operating and maintaining a pipeline to pumpback treated wastewater to secure stream flow for aesthetic, recreational, and fish and wildlife preservation and propagation purposes through the Town of Fraser if the same shall hereafter be determined by each of them to be both desirable and feasible. 7.2 Potential Purchase of Capacity. If GC constructs a new wastewater treatment plant at an upstream location (which determination shall be made in the sole and exclusive discretion of GC), the parties agree that, prior to any expansion of the Joint Facilities, the District seeking expansion will determine whether it is in its interest to purchase GC's Reserved Sewer Capacity and/or GC's Connected Capacity in the Joint Facilities. If a decision not to purchase is reached, that decision shall not be used by GC in any proceeding to delay or stop such an expansion. 7.3 Indemnification. GC shall indemnify and hold FS and WPW harmless from any claim, cause of action or liability whatsoever including costs and attorney's fees arising out of ANY DISPUTES CONCERNING the Pump Back System. GC shall have no obligation to indemnify another District pursuant to this section in 27 the event that such District initiates an action against GC concerning the Pump Back System. This indemnity shall not be affected if a District asserts a cross - claim or a counterclaim against GC in an action that is already initiated. 7.4 Wastewater Ownership. Each District shall retain whatever ownership, dominion and control it has rights to over its respective wastewater and treated wastewater prior to its discharge to the Fraser River. Execution of this Agreement and any District's participation in this Agreement shall not be used by any party hereto or any third -party to establish ownership, dominion or control over the Districts' respective wastewater, treated wastewater or other return flows. SECTION 8. TERMINATION AND DISSOLUTION. 8.1 Termination. This Agreement may be terminated upon (1) the unanimous consent of all Districts; (2) if the Joint Plant or other major facilities are ordered shut down permanently by any governmental agency; or (3) if the Joint Plant can no longer comply with governmental regulations and cannot be used for the purposes for which it was intended. 8.2 Distribution on Dissolution. In the event of the termination of this Agreement, assets shall be liquidated and each District shall receive it's pro rata share based upon its Legal Interest in the Joint Facilities at the time of dissolution. SECTION 9. MISCELLANEOUS COVENANTS 9.1 Records. Each District shall maintain the records, accounts and audits required by statute, and copies of such audits shall be exchanged. 9.2 Competing Systems. No District shall allow a competing private system to be constructed within its corporate limits. 9.3 Abandonment. Upon the abandonment of any portion of the facilities of FS, WPW or GC, the District abandoning the facilities shall retain all rights guaranteed by the laws of the state of Colorado and shall remain liable under the applicable laws of the state of Colorado. 9.4 Effective Date. The effective date of this Agreement shall be as set forth above, and this Agreement shall be binding upon the successors and assignees of the parties hereto. 28 9.5 Assignment. Assignability of this contract and any of the rights and liabilities hereunder shall be made only after written consent of a majority of the members of the Board of Directors of each District. This provision shall specifically include but not be limited to any assignments of rights or responsibilities of the Manager to any other entity. In the event of a permitted assignment, the terms and conditions of this agreement shall be binding upon the permitted successors and / or assigns of the respective parties. 9.6 Severabilitv. In the event that any provision of this contract is held to be of no effect by a Court of competent jurisdiction, such finding, order or judgment shall not affect any other of the covenants of this contract. 9.7 Limited Rights. The parties to this contract acknowledge that this Agreement constitutes the sole Agreement between them and that neither party is relying upon any oral representation made by a party or an agent or officer of a party. 9.8 Obligations. All bonds, notes, or other obligations of each District either referred to in this Agreement or to be issued by each District shall, for all purposes of this Agreement, be the sole obligation of the District which is issuing such bonds, notes or other obligations, and shall not in any way be deemed a debt or liability of the other party to this Agreement. 9.9 Legality. This Agreement shall not be construed to be in violation of the laws of the United States or the State of Colorado, and the provisions of this Agreement shall not be construed in any manner that will adversely affect or diminish the bonding capacity of either FS, WPW, or GC with reference to either sewer improvement revenue bonds or general obligation sewer bonds. 9.10 Amendment. This Agreement may be amended from time to time by written Agreement duly authorized by unanimous Agreement of the Districts. 9.11 Paragraph Headings. The paragraph headings are inserted only for convenient reference and do not define, limit or prescribe the scope of this Agreement. 9.12 Fiscal Year. The fiscal year for purposes of this Agreement shall be the calendar year. 9.13 Principal Place of Business. The principal place of business of the JFOC shall be Fraser, Colorado. 9.14 201 Facilities Plan. In the event that the 201 Facilities Plan to be submitted to the State for approval is not approved or is approved with terms and conditions that make construction of the Joint Facilities impracticable, infeasible or uneconomic, as determined by each of the Districts in its sole discretion, this Agreement shall be voidable by each of the Districts. A District shall have 30 days from the approval of the 201 Facilities Plan to advise the remaining Districts 29 it desires to declare this Agreement void. If no notification is given this Agreement will remain in full force and effect. In the event any District declares this Agreement void, the District shall explain all of the bases for the District's decision. The parties shall work cooperatively to return all of the Districts to the positions occupied by them prior to execution of this Agreement, subject to any unconditional commitments to pay for or reimburse the other Districts for cost incurred in connection with this Agreement or consolidation. The withdrawing District shall also reimburse each District not withdrawing for „the expenses the Districts have incurred to the date of withdrawal for the engineering and design of the Joint Facilities to the extent that that work is of not useable by the non - withdrawing Districts. All aspects of this section may be submitted to dispute resolution pursuant to Section 5 above, and this Agreement shall not be deemed void or terminated until all such disputes have been finally resolved. 9.15 Termination Based Upon Construction Costs. In the event that all qualified and otherwise acceptable bids for construction of the Initial Joint Facilities shall exceed $13,000,000 this Agreement shall be voidable by each of the Districts. A District shall have 30 days from the closing of the bidding process to advise the remaining Districts it desires to withdraw from the consolidation efforts and to declare this Agreement void. If no notification is given this Agreement will remain in full force and effect. In the event any District declares this Agreement void, the District shall explain all of the bases for the District's decision. The parties shall work cooperatively to return all of the Districts to the positions occupied by them prior to execution of this Agreement, subject to any unconditional commitments to pay for or reimburse the other Districts for cost incurred in connection with this Agreement or consolidation. The withdrawing District shall also reimburse each District not withdrawing for the expenses the Districts have incurred to the date of withdrawal for the engineering, design and any joint facility construction including but not limited to pipeline construction of the Joint Facilities to the extent that that work is of not useable by the non - withdrawing Districts. All aspects of this section may be submitted to dispute resolution pursuant to Section 5 above, and this Agreement shall not be deemed void or terminated until all such disputes have been finally resolved 9.16 Notice. Anytime notice is required under this Agreement whether to the parties or to the JFOC members it may be given by depositing the same in the U.S. Mail addressed to the address of the District or by hand delivery. Notice shall be complete upon receipt. Each District shall be responsible for advising its Board Members of the notice. The address of each District is set forth in the initial paragraph of this Agreement and may be changed by providing a written request to the Manager. 9.17 Governmental Immunity. Nothing in this Agreement shall serve as a waiver of governmental immunity for any District. 30 9.18 Third Party Beneficiaries. Nothing in this Agreement shall be interpreted to provide for or make any person or entity not a party to this Agreement a third party beneficiary to or of this Agreement or of any District. 9.19 Annual Appropriation. Each District's rights and obligations under this Agreement shall be subject to annual appropriation by the Districts' respective Boards of Directors. In the event that a District fails to appropriate funds as required by this Agreement or as necessary to fulfill is obligations hereunder, any other District may seek relief, at law or in equity as appropriate,. in the District Court in and for Grand County, including without limitation discontinuation of wastewater treatment services to the District failing to appropriate funds. 9.20 Attorneys' Fees. The JFOC shall not authorize or institute litigation. In any litigation between or among the Districts, each District shall pay its own attorneys' fees. The Manager shall be reimbursed for its attorneys' fees as a normal operating expense under this Agreement in any action in which it prevails. THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY 31 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective this FRASEIYS BY: Preside Attest: day of , 2001. Ron Anderson TRIC f(frt t;t7 Secretary Drew Matteson WINTER PARK WEST WATER & SANITATION DISTRICT BY: (1) Pres ent io$n Westerlund Attes ecre G DI BY. President Robert vem TY WATER D SANITATION Attest: Secretary Chris See 32 Witr)es 1 ennis Soles e Fuqua Randy Atwater Michael A. La Porte Cordell Ross$ aidwell 1_ Gary Cooper Vince Turner 5 fY;;E:3114;............____ . Bruce Hutchinsa r 33 Exhibits: 1 Drawing and Map of Joint Facilities and Joint Lines 2 Joint Plant Master Plan 3 Capacity Reservations in Consolidated Wastewater Facilities 4 Illustration of Plant Capital Cost Allocations 5 Illustration of Joint Trunk Lines 6 Flat Rate/Equivalent Residential Unit Schedule for Joint Facilities 7 Names of members and Alternates to the Joint Facilities Qversight Committee 34 EXHIBIT 1 MAP OF JOINT FACILITIES AND JOINT LINES JT WASTE WATER: TREATMENT PLANT j ¶4 EXISTING 21" OUTFALL SEGMENT "C" METER STATION WPW,:; FLOWS REPLACEMENT TRUNK THRU FRASER - SEGMENT "B" MANHOLE #19 FUTURE MARYVALE WEST SIDE TRUNK 20 JOINT GR D COUNTY/FRASER (MARYVALE FAST SID TRUNK SEGMENT A'. GRAND COUNTY NEW___,. FLOW METER ;STATION GC -1 FLOWS' MARYVALE. EAST SIDE TRUNK MARYVALE EXHIBIT 2 JOINT PLANT MASTER PLAN PROPERTY UNE TRUCK LOAD ING .5 MG DIGESTER (2) CE. BLOWER RO OM, AND PU MP ROO M 1 55' DIA. IIFLOCCULATOR (2) 3ASIN W/ LAYER 1 / 3.0 MOD \.�� PRETREATMENT. FACILITY 2 °UMW_ pip, NEW MANHOLE (FUTURE FLOW SPU T BOX) C -UP POWER GEN ERATOR W/ WEATH ER ENCLO SURE IEGEND PHASE 1 - 2.7 M.O.D. FACILIT Y FUTURE 5. 0 TO 6.0 M .G.D. MASTER PLAN -- PRETREA'fMENT h BLOWER BLDG AERATION PIPES FUTURE CLARIFIER FOR ACCELERATED LAGOON 77 l f � 11 �ff;/f/f CREATING TING A 1.0 picao. M ODULE � �� !I' FUTURE SLUDGE DIGESTERS { 11` jj f FUTURE (3) 1.0�� `l TREATM ENT MODULES l\�C\X\ t _ _ i 1 LAGOON NO. 2 \,4 (ABANDONED AND: RUED IN -w — -I- - ,� FUTURE FAC1L117EES) FORM FOUNDATION • FOR 4- A I 1 1 I 11. a L FLO W -` EQUALIZATION FUTURE 3.0 M. PRETREATMENT I L _ - NO . 3 BOX EFFLUENT BOX /-CrlitteiT FUME/ 870 RA11ON PIPES LAGOON NO. 3 (AERATED) EMER GENCY` STORA GE 11/ -R 0 ) ) 18 ' AA .P. EFft . ELEV.82 �-�� _�� mil NunbiNG 6 .-a T TRICKLE CHANNEL �/ TIR ES AS BACKUPS Fraser Riv er 100 GRAPHIC SCALE 0 50 100 ( IN FEET ) 1 inch = 100 ft. FRASER WWTP MASTER PLAN Ali 1IWater 12686 T. D ayaud A ve. Suite 200 Lakewood. Colorado 80228 P H. 302 .468 .6660; Fax 303 .460.9788 em ail mw e9mw ewater .e om Exhibit 3 CAPACITY RESERVATIONS IN CONSOLIDATED WASTEWATER FACILITIES The following are agreed upon reservation shares in the Joint Facilities. , Reservations are in terms of Equivalent Residential Units (EQRs). Unless subsequently revised, an EQR represents a flow rate of 270 gallons per day (average rate, maximum day). The Initial Reserved Capacity is for capacity to be constructed during the initial project (completion scheduled before December 31, 2003). The Ultimate Reserve Capacity provides the right to expand facilities to a maximum capacity under the terms of this Agreement. It is noted that new trunk sewers are generally sized at predicted ultimate capacity. L Wastewater Treatment Plant Initial Reserve Capacity - EQR Ultimate Reserve Sewer Capacity - EQR GC 3155 (1.0 MGD)* 10,000 WPW 2,467 (.782 MGD)** 2,800 FS 2,896 (.918 MGD)*** 5,600 Totals 8,518 (2.7 MGD) 18,400 Includes allowance for 148,150 gpd infiltration Includes allowance for 115,850 gpd infiltration Includes allowance for 136,000 gpd infiltration II. Joint Trunk Lines Initial Reserve Capacity Ultimate Reserved Sewer Capacit (EQR) (EQR) Trunk Line A GC 10,000 t0,000 WPW 0 0 FS 1, 200 1,200 Totals 11,200 11,200 Trunk Line B GC 10,000 10,000 WPW 0 0 FS 5,200 5,200 Totals 15,200 15,200 Trunk Line C GC 10,000 WPW 2,500 2,800 FS 2,896 5,600 Totals 5,396 18,400 Exhibit 4 WASTEWATER TREATMENT PLANT ILLUSTRATION OF PLANT CAPITAL COST ALLOCATIONS Exhibits 4 and 5 illustrate the capital cost allocation formula and how that formula operates for the Joint Plant Capital Cost Allocations, for initial and future expansions, and Joint Trunk Cost Allocations, for initial and upon addition, replacement or expansion. The references to the CPI shall refer to the Denver -Boulder -Greeley, Colorado metropolitan area Consumer Price Index for All Urban Consumers. The CPI for capital projects shall be the value at the time of contract award. A. INITIAL JOINT FACILITIES 1. ASSUME — FOR 2.7 MGD INITIAL PLANT EXPANSION a. Existing Plant: CPI*, April 1, 2002 (time of contract award) = 185.0 Facilities Formula Value = $1,150,000 Plant Site Value = $250,000 * converted to 1982-1984 = 100 base Note: Per Agreement between the three entities, the plant value is as follows: Plant Site: $200,000 Existing Facilities: $800,000 Total $1,000,000 b. Reserved Capacity of Existing Plant: WPW = 53.51% FS = 46.49% GC = 00.00% c. Project Cost of New 2.7 MGD Plant = $8,900,000 d. Reserved Capacity of Expanded Plant: WPW 28.89% (.78 MGD) FS 34.07% (.92 MGD) GC 37.04% (1.0 MGD) 2. CALCULATE COST ALLOCATIONS a. Existing Plant Equities (per this Agreement — rounded to $100 increments) FS Equity = $333,300 WPW Equity = $333,300 GC Equity = $333,400 b. Determine Equities After Project Completion Then total value of plant = $8,900,000 + $1,000,000 = 89,900,000 FS Equity = .92/2.7 x $9,900,000 = $3,373,333 WPW Equity = .78/2.7 x $9,900,000 = $2,860,000 GC Equity = 1.0/2.7 x $9,900,000 = $3,666,667 Total Plant Value $9,900,000 c. Allocate Costs FS Cost = 3,373,333 - 333,300 = $3,040,033 WPW Cost = 2,860,000 - 333,300 = $2,526,700 GC Cost = 3,666,667 - 333,400 = $3,333,267 Total Cost, This Project = $8,900,000 B. EXPANSION 1. ASSUME — PLANT EXPANSION TO 3.7 MGD IN YEAR 2013 a. CPI = April 2013 = 261 b. Project Cost for Expansion to 3.7 MGD = $4,500,000 c. Reserved Capacity of Expanded Plant: WPW = 21.08% (.78 MGD) FS = 37.84% (1.40 MGD) GC = 41.08% (1.52 MGD) d. During I0 -year period, the Capital Replacement Reserve Account has accumulated to an amount of $1,100,000. Assume decision is to use $500,000 of this account for the expansion, retaining $600,000 in the account. 2. CALCULATE COST ALLOCATIONS a. Determine Existing Plant Equities Site Value = 200,000 x 261/185 = $282,160 Facilities Value = 9,900,000 x 261/185 x .75* = $10,475,190 Capital Reserve Fund = $1,100,000 Total =` $11,857,350 * Depreciation Factor WPW Equity = .2889 = $3,425,589 FS Equity = .3407 = $4,039,799 GC Equity — .3704 = $4391,962 Total = $11,857,350 b. Determine Equities After Completion Value of Plant After Project = 11,857,350 + 4,500,000 — 500,000 = $15,857,350 WPW Equity FS Equity GC Equity c. Allocate Costs = 21.08% = 37.84% = 41.08% Total = $3,342,729 = $6,000,421 = $6,514,200 15,857,350 WPW = 3,342,729 -- 3,425,589 = -($82,860) FS = 6,000,421 — 4,039,799 = $1,960,622 GC = 6,514,200 — 4,391,962 = $2,122,238 Total = $4,000,000 EXHIBIT 5 ILLUSTRATION OF JOINT TRUNK LINE COST ALLOCATIONS A. INITIAL JOINT TRUNK LINES 1. ASSUME — FOR INITIAL CONSTRUCTION OF SEGMENT B a. Existing Facility: CPI, July 2001 = 181.0 Existing Facility Value = 0 b. Reserved Capacity of Existing: N.A. c. Project Cost of New Trunk = $800,000 d. Reserved Capacity of New Trunk: FS = 5,200 EQR = 34.21% GC = 10,000 EQR = 65.79% WPW = 0 EQR = 00.00% 2. CALCULATE COST ALLOCATIONS Initial Cost for Segment B based on .incremental cost (per cost sharing agreement): WPW FS (fixed) GC (variable) Total Calculate Equity $0 _ $279,069 _ $520,931 $800,000 FS = 34.21% _ $273,680 GC = 65.79% _ $526,320 $800,000 B. UPGRADE OF SEGEMENT B IN YEAR 2041 1. ASSUME a. Existing Sewer Values: CPI, June 2041 = 300 Depreciation Rate = 1.25%/yr Facility Value = $800,000 x 300/181 x 0.50 = $662,983 b. Reserved Capacity Existing Line: FS = 34.21% GC = 65.79% WPW = 0% d. Project Cost: Project consists of Rehabilitation of Manholes at cost of $200,000. d. Reserved Capacity After Project: No change e. Capital Reserve Fund: A capital reserve fund has been established, having a total value (with interest) of $150,000. It has been determined that this fund will be applied to the project. 2. CALCULATE COST ALLOCATIONS a. Determine Existing Equities FS Equity = .3421 x 812,983 = $278,121 GC Equity = .6579 x 812,983 = $534,862 Total (Existing Trunk & Reserve Fund) = $812,983 b. Determine Equities After Completion Total Value of Segment B = 662,983 + $200,000 FS Equity = .3421 x 862,983 GC Equity = .6579 x 862,983 Total $862,983 $295,226 $567,757 $862,983 c. Allocate Costs FS Cost GC Cost = 295,226 — 278,121 = 567,757 — 534,862 $17,105 $32,895 Exhibit 6 FLAT RATE/EQUIVALENT RESIDENTIAL UNIT SCHEDULE FOR JOINT FACILITIES GENERAL NOTES At this time, an EQR is considered to represent a maximum day load of 276 gallons and 0.6 lbs BOD5. Each customer shall be assigned a total EQR based on its use classification(s) in accordance with the following schedule. Class EQR of User Value A. RESIDENTIAL CLASSIFICATIONS 1. Single Family Residential Units (per unit) 1.0 Single family homes, individually billed mobile homes, mobile homes on single lot, and mobile homes established as permanent residences; having not more than 3 bedrooms or 3 bathrooms per unit. Note: Rental privileges of all kinds are not included in this value. Only 1 kitchen is permitted; if a residence has more than 1 kitchen, then additional EQR values should be assigned in accordance with multi -family residential units. Additional for each additional bedroom. 0.2 2. Multi -Family Residential Units Apartments, duplexes, condominiums, townhouses, and similar facilities in the same complex, small cabins in court not associated with motels; all units intended for long-term rental. Note: Excludes more than one kitchen per unit; swimming pools are additive. a. 4 or more bedroom unit (per unit) 1.2 b. 3 bedroom unit (per unit) 1.0 Class EQR of User Value c. 2 bedroom unit (per unit) 0.8 d. Single bedroom or studio unit (per unit) 0.6 3. Transient Residential Units Hotels, motels, mobile home parks, dormitories, and similar facilities. Note: Includes laundry facilities in mobile homes. Swimming pools and laundry facilities (except those in mobile homes) are additive; room counts shall include rooms furnished to employees; each complex shall have a minimum of one manager's unit. a. Manager's unit (per unit) LO b. Motels, hotels, and rooming houses without kitchen facilities • rooms having not more than two bed spaces (per rental unit) 0.25 • rooms having more than two bed spaces (per rental unit) 0.35 c. Motels with kitchen facilities • units having not more than two bed spaces (per rental unit) 0.35 • units having more than two bed spaces (per rental unit) 0.45 d. Mobile home parks (per each available space) 0.8 e. Dormitories (per each rental bed space) 0.1 f. Add for laundry facilities (or available hookup) in billing unit 0.5 complex, per machine B. COMMERICAL CLASSIFICATION 1. Restaurants and bars Restaurants, bars, lounges, banquet rooms, and drive-ins. a. Restaurants and bars (per 10 seats) 0.6 Class EQR of User Value b. Banquet rooms (per 10 seats) 0.3 c. Drive-ins (per car stall) 0.2 d. Drive up windows (per sales window) 2.0 2. Commercial Buildings Office buildings, retail sales buildings, multiple use buildings, laundromats, service stations, shops, garages, and similar facilities. a. Offices and office buildings 0.6 (per 1,000 sq. ft. of gross occupied area) b. Retail sales area 0.3 (per 1,000 sq. ft. of gross sales and display area) c. Laundromats 1.2 (per washing machine or available hook-up) Note: This category does not include commercial laundries. d. Service stations • per fueling station (1 set of nozzles) 0.3 • add for each bay/rack where cars can be washed 1.5 e. Non -retail work area such as garages, machine shops, and 0.5 warehouses (per 1,000 sq. ft.) f. Process water from commercial establishments discharged to the 3.5 collection system shall be evaluated based on the metered water inflow (per 1,000 gpd, maximum day) Note: The District may re-evaluate the EQR of the discharger should the impact of the discharge exceed the equivalent of the single family residential unit. Should sewage strength exceed 330 mgfl of BOD5 or SS, additional charges will be computed for strength exceeding these values. In cases where there is batch discharge of process water, the Authority may require the discharger to obtain approval by the plant operator of the time and rake of discharge. C. CHURCH AND SCHOOL CLASSIFICATIONS 1. Churches (per 100 seats) Notes: Rectories or other living areas are additive. 2. Schools Day care centers, public and private day schools Notes: Include teachers, librarians, custodians, and personnel associated with the school function; centers, warehouses, equipment (such as buses), storage centers, swimming pools, and similar additive. administrative administrative repair and/or facilities are a. Without gym and without cafeteria (per 50 students) b. Without gym and with cafeteria or with gym and without cafeteria (per 50 students) c. With gym and with cafeteria (per 50 students) D. MISCELLANEOUS CLASSIFICATIONS 1. Swimming pools Swimming pools and wading areas Note: A permanent sign must be placed prominently at all pool filter installations stating that pools are not to be drained without permission from the STP operator, that pool drainage rates will be subject to approval of the STP operator, and that draining shall be limited to the hours between 11 P.M. and 6 A.M. the next day. 1.0 1.4 1.75 2.0 a. Private pools associated with single family residential units (per 0.5 4,000 gallons of pool volume). b. Pools associated with multi -family and transient residential units 1.0 (per 40,000 gallons of pool volume) c. Commercial and public pools. Total EQR to be computed from pool volume and per capita capacity as follows: • First 40,000 gallons of pool volume 1.05 • Each additional 40,000 gallon capacity 0.75 2. Recreational vehicle waste disposal stations Service stations and other commercial dump facilities 5.0 Note: Plant operator will have the authority to deny disposal at the dump station should the waste receiver be full, or if the waste being dumped will cause plant operation problems. 3. Septic waste and other batch waste disposal. The Authority shall establish a per dump charge for operation and maintenance purposes. Dumps shall only occur at the treatment plant. The preceding note shall apply. 4. Medical Hospital Note: Includes staff and administrative personnel associated with the hospital function. • per bed 0.60 5. Public Restrooms (per toilet or urinal) 0.20 E. EXTRA FLOW Extra flow is defined as excess water admitted to the sewer system, generally in the form of inflow, infiltration or bleeding water. The Extra Flow classification applies to basically non -contaminated waters. All customers and both entities shall minimize extra flow to the extent practical. For each EQR connected, it shall be assumed that the allowable flow quantity is 300 gallons per day. Flows in excess of this are termed "Extra Flow." Per 1,000 gpd EF = 3.5 EQR. F. OTHER CLASSIFICATIONS The JFOC shall evaluate and establish rates for all users not identified in Classifications A, B, C, and D as set forth in Section 4.7.5 of the Joint Agreement. The JFOC will establish charges for industrial waste according to Section 4.7.5 of the Agreement, with the additional requirement that industrial users comply with any existing U.S. Environmental Protection Agency or Colorado Department of Health standards, or any other applicable state or federal agency rules or standards, relating to industrial waste. Exhibit 7 MEMBERS AND ALTERNATES TO THE JOINT FACILITIES OVERSIGHT COMMITTEE L Grand County Water and Sanitation District #1 Members: 1. Robert Wolf P.O. Box 216 Winter Park, CO 80482 2. Vince Turner P.O. Box 1120 Winter Park, CO 80482 3. Chris Seemann P.Q. Box 3354 Winter Park, CO 80482 Alternates: 1. Randy Atwater 2. Joel Brownson II. Winter Park West Water and Sanitation District Members and Alternates to be selected. Upon selection Exhibit will be amended to add names and addresses. III. Fraser Sanitation District Members and Alternates to be selected. Upon selection Exhibit will be amended to add names and addresses. Upper Fraser Valley WWTP EQR Assessment January 2022 APPENDIX B: JFOC DISTRICT MAPS Town of F raser Town Boundary Legend Fras er 1 mi N ➤➤ N T2S R75W T1S R75W £¤40 29 29 28 27 26 26 32 35 5 5 4 3 2 2 §¨¦25 §¨¦76 §¨¦70 §¨¦70 G R A N D CO U N T YWATER A ND SA N ITATI O NDISTRICT N O. 1BOUNDARY ProjectLocation This product is for reference purposes only and is not to be construed as a legal document or survey instrument. ¯0 0.25 0.5Miles Legal Boundary(As of 2019) Township Highways Image Date:9/30/2018 970GCO049/26/2019 WINTER PARK WEST WATER AND SANITATION DISTRICT BEING A GPS SURVEY OF THE EXISTING UTILITIES SECTIONS 20 & 21, T1S, R7510, 6TH PM GRAND COUNTY, COLORADO TOWN OF FRASER RESOLUTION NO. 2022-01-07 A RESOLUTION AUTHORIZING THE EXPENDITURE FROM THE WATER SYSTEM FUND FOR WATER SYSTEM 10-YEAR CAPITAL IMPROVEMENT PLAN. WHEREAS, the 2022 Budget provides for certain water system projects. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby authorizes the Town Staff to expend up to $60,000.00 for a Water System 10-year Capital Improvement to be completed by Merrick and Company per proposal dated 10/20/2021. 2. Said purchases must be completed by the end of October 2022 or the approval will no longer be effective. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS ____ DAY OF JANUARY 2022. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___BY: Mayor ATTEST: (S E A L) Town Clerk Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO:Mayor Vandernail and the Board of Trustees FROM:Adam Cwiklin, Water and Wastewater Superintendent and Russell Pennington, P.E., Public Works Director DATE:January 19, 2022 SUBJECT:Water System 10-year Capital Improvement Plan funding request SUBJECT: Water System 10-Year Capital Improvement Plan DEPARTMENT:Public Works PRESENTER/PREPARER: Adam Cwiklin, Water and Wastewater Superintendent FISCAL INFORMATION: Cost as Recommended:$60,000 (includes 20% contingency) Balance Available:$90,000 Fund:Water Budget Line-Item Number: 50-40-330 New Appropriation Required:No REQUESTED ACTON: Approve the Resolution to appropriate funding from the Engineering Account (50-40- 330) of the 2022 Water Fund and authorize the appropriate Town officer to expend said funds and contingency funds. SUMMARY AND BACKGROUND OF SUBJECT MATTER: Capital planning is critical to water, sewer, transportation, sanitation, and other essential public services. It is also an important component of a community's economic development program and strategic plan. A capital improvement plan (CIP) is a community planning and fiscal management tool used to coordinate the location, timing and financing of capital improvements over a Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com multi-year period. A properly prepared (CIP) is essential to the future financial health of a utility and continued delivery of services to citizens and businesses. The CIP includes a description of proposed capital improvement projects ranked by priority, a year-by-year schedule of expected project funding, and an estimate of project costs and financing sources. The CIP is a working document and should be reviewed and updated annually to reflect changing community needs, priorities and funding opportunities. Capital facilities and infrastructure are important legacies that serve current and future generations. It is extremely difficult for governments to address the current and long- term needs of their citizens without a sound multi-year capital plan that clearly identifies capital needs, funding options, and operating budget impacts. Infrastructure, technology, and major equipment are the physical foundation for providing utility services to constituents. The procurement, design, construction, maintenance, and operation of capital assets are a critical activity of governments and require careful planning. Merrick and Company is the Towns general services contract engineer and will complete the Water System 10 year CIP upon approval. Scope of Work: Review the current Fraser water supply systems and the most recent Water Supply Report dated June 2020. Compare the current water supply systems to ultimate demands based on the ultimate Fraser build-out. Identify preliminary additional conveyance,storage,and source areas for the North and South Systems and create models to demonstrate the upgrades. This will be based on the layout,condition,and capacity of the water supply, storage, and distribution systems. Coordinate with HRS Water Consultants of Lakewood Colorado,who will conduct preliminary groundwater studies that will consist of: o Build out the current Fraser well field and optimize well field production o Predict additional supply and locations to be developed after the current well fields are exhausted Prepare a summary report which will include the following: o A narrative description of the current Town water supply system,broken out by the North and South Systems. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com o A description of current North and South System assets including storage, pumping systems and conveyance. o Separate descriptions and calculations of ultimate water supply needs in the North and South Systems. o A description of new needs in each system and reconciliation of the calculated needs with the Water Master Plan. o A summary of additional water supply sources and tentative water supply well locations and sizes,and timing of those needs at the corresponding EQR. o A demonstration of how the new systems and supply will operate by modelling the current versus new systems.The North and South Systems will be included in the model. o A spreadsheet calculation of CIP costs in projected years over a 10-year period to meet ultimate needs.The CIP will be broken down by North and South Systems and will predict what infrastructure will be required for growth in each system. PROJECT SCHEDULE Sign Proposal January 2022 10-yr Water System CIP kickoff February 2022 10-yr Water System CIP Draft Report October 2022 10-yr Water System CIP Adoption November Board Meeting (TBD) BUDGET: Merrick and Company proposal $50,000 Contingency (20%)$10,000 Total $60,000 ATTACHMENTS: Proposal for a 10-Year Water System CIP Report, Fraser Colorado STAFF RECOMMENDATION: Motion to approve Resolution No. 2022-01-07 authorizing the Town Staff to contract with Merrick and Company to develop a Water System 10-yr Capital Improvement Plan funded from Engineering Account (50-40-330) of the Water Fund. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Employee Owned 2480 W. 26th Street, Unit B225 Denver, Colorado 80211 Tel: +1 303-964-3333 hello@merrick.com www.merrick.com October 20, 2021 Adam Cwiklin, CWP Water and Wastewater Superintendent Town of Fraser 153 Fraser Avenue, PO Box 370 Fraser CO, 80442 Via email: acwiklin@town.fraser.co.us RE: Proposal for a 10-Year Water System CIP Report, Fraser Colorado Dear Adam: Merrick & Company (Merrick) is pleased to present this proposal to study water supply system needs for the Town of Fraser, to identify tentative system upgrades and water sources to fulfill those needs, and to estimate costs associated with constructing the additional water supply infrastructure. This work will be completed under our ongoing services agreement with the Town. We understand that the North Water Supply System (North System) may not have adequate water rights for future supply needs, and we understand that the North System and South Water Supply System (South System) may have inadequate infrastructure for future growth. One of the objectives of our proposed report is to predict what additional infrastructure and water supply may be required to meet further growth. We propose to complete the following activities: • Review the current Fraser water supply systems and the most recent Water Supply Report dated June 2020. • Compare the current water supply systems to ultimate demands based on the ultimate Fraser build-out. • Identify preliminary additional conveyance, storage, and source areas for the North and South Systems and create models to demonstrate the upgrades. This will be based on the layout, condition, and capacity of the water supply, storage, and distribution systems. • Coordinate with HRS Water Consultants of Lakewood Colorado, who will conduct preliminary groundwater studies that will consist of: o Identifying the extent of local shallow aquifers capable of supporting Fraser’s additional water supply needs. 2 o Tentatively predicting the yield of these aquifers and the approximate size of wells necessary to produce Fraser’s additional water supply needs. • Prepare a summary report which will include the following: o A narrative description of the current Town water supply system, broken out by the North and South Systems. o A description of current North and South System assets including storage, pumping systems and conveyance. o Separate descriptions and calculations of ultimate water supply needs in the North and South Systems. o A description of new needs in each system and reconciliation of the calculated needs with the Water Master Plan. o A summary of additional water supply sources and tentative water supply well locations and sizes, and timing of those needs at the corresponding EQR. o A demonstration of how the new systems and supply will operate by modelling the current versus new systems. The North and South Systems will be included in the model. o A spreadsheet calculation of CIP costs in projected years over a 10-year period to meet ultimate needs. The CIP will be broken down by North and South Systems and will predict what infrastructure will be required for growth in each system. Assumptions Our fee includes coordination with HRS but does not include the cost of their services. HRS will invoice the Town separately under their ongoing services agreement. Fee We have assumed a reasonable effort to address our understanding of the Town’s needs for a 10- year water supply CIP. We estimate the fee for this work to be in the range of $40,000 to $45,000 and will not exceed the higher number without justification and prior authorization. The fee is based on an hourly rate plus expenses basis in accordance with our current rate schedule. Please contact us if you have any questions or concerns regarding these proposed services. Sincerely, Merrick and Company Randy Kenyon, P.E. Terry Kenyon, P.E. Project Manager Principal/Senior Project Manager 3 Cc: Russell Pennington, Public Works Director The above proposal is accepted by the Town of Fraser, and the Engineer is authorized to proceed with the work. By:___________________________________________ Date:___________________ TOWN OF FRASER RESOLUTION NO. 2022-01-08 A RESOLUTION AUTHORIZING THE EXPENDITURE FROM THE WATER SYSTEM FUND FOR WATER SUPPLY AND HYDROLOGICAL WELL FIELD STUDIES. WHEREAS, the 2022 Budget provides for certain water system projects. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby authorizes the Town Manager to expend up to $81,610.00 for HRS Water Consultants to complete hydrological and water well supply study per HRS proposal dated 12/23/2021. 2. Said purchases must be completed by the end of August 2022 or the approval will no longer be effective. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS ____ DAY OF JANUARY 2022. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___BY: Mayor ATTEST: (S E A L) Town Clerk Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO:Mayor Vandernail and the Board of Trustees FROM:Adam Cwiklin, Water and Wastewater Superintendent and Russell Pennington, P.E., Public Works Director DATE:January 19, 2022 SUBJECT:Water Supply and Hydrological Wellfield Studies SUBJECT: Water Supply and Hydrological Wellfield Studies DEPARTMENT:Public Works PRESENTER/PREPARER:Adam Cwiklin, Water and Wastewater Superintendent FISCAL INFORMATION: Cost as Recommended:$81,610 (includes 20% contingency) Balance Available:$105,000 Fund:Water Budget Line-Item Number: 50-40-370 New Appropriation Required:No REQUESTED ACTON: Approve the Resolution to appropriate funding from the Other Professional Services System Account (50-40-370) of the 2022 Water Fund and authorize the appropriate Town officer to expend said funds and contingency funds. SUMMARY AND BACKGROUND OF SUBJECT MATTER: Fraser intends to develop a Water System 10-year Capital Improvement Plan (CIP) in 2022. A major component necessary to developing a 10-year CIP is complimentary hydrological and wellfield studies. The overall goal of this project is to complete hydrogeologic work that will identify future wellfield areas and the number of wells required to meet the anticipated north service area demand within the Fraser north system. HRS Water Consultants is the Towns general services contract Hydrologist. HRS will complete the Water Supply and Hydrological Wellfield Studies upon approval. SCOPE OF WORK: Phase 1: Build out the current Fraser well field and optimize well field production. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com o Wellfield Data Assembly and Review o Wellfield Data Analysis and Preliminary Well Site Selection o Wellfield Simulation Analyses o Analysis Results and Conclusions o Meetings and Coordination o Phase 1 Report Phase 2:Predict additional supply and locations to be developed after the current well fields are exhausted. o Water Supply Analysis o Study Area Selection o Hydrogeologic Data Review o Hydrogeologic Analysis o Meeting and Coordination o Phase 2 Report PROJECT SCHEDULE Sign Proposal January 2022 Wellfield Study kickoff February 2022 Wellfield Study Draft Report July 2022 Wellfield Study Report Adoption September 2022 Board Meeting BUDGET: HRS proposal $68,010 Contingency (20%)$13,600 Total $81,610 ATTACHMENTS: Hydrogeologic and Water Supply Consulting Services Proposal STAFF RECOMMENDATION: Motion to approve Resolution No. 2022-01-08 authorizing the Town Staff to contract with HRS Water Consultants for development of the hydrogeologic and water well supply components for the Fraser Water System 10yr CIP from Other Professional Services System Account (50-40-370) of the 2022 Water Fund in an amount not to exceed $81,610. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com HRS WATER CONSULTANTS, INC. 8885 West 14th Avenue Lakewood, CO 80215 (303) 462-1111 FAX (303) 462-3030 Email: mpalumbo@hrswater.com Mark R. Palumbo Consultants in Principal Hydrologist Water Resources & Hydrogeology December 23, 2021 Mr. Adam Cwiklin 900 Water and Wastewater Superintendent Town of Fraser P.O. Box 370 Fraser, CO 80442 Delivered via email: acwiklin@town.fraser.co.us Re: Town of Fraser Capital Improvement Plan - Agreement for Hydrogeologic and Water Supply Consulting Services Dear Mr. Cwiklin, In response to our phone and email correspondence, HRS Water Consultants, Inc. (“HRS”) is pleased to present this proposal and letter-agreement to perform the following scope of work (“SOW”) related to the Town of Fraser’s (“Fraser” or “Town”) capital improvement project (“CIP”). It is our understanding that Fraser wants to implement the CIP project in 2022 and that the civil engineering firm of Merrick and Company will also be on the project team. We have discussed this project with you and reviewed a preliminary project area figure that you sent to us. This letter-agreement presents our proposed SOW, the estimated costs, and schedule. Also included as part of this letter-agreement is a copy of HRS’ 2022 rate schedule (Exhibit A) and Standard Terms and Conditions (Exhibit B). Proposed Scope of Work This SOW includes specific task items related to development of the hydrogeologic and water well supply components for the Fraser CIP. The overall goal of this project is to complete hydrogeologic work that will identify future Fraser north service area wellfield areas and the number of wells required to meet the anticipated north service area demand. Mr. Adam Cwiklin December 23, 2021 Page 2 We have divided this project into two phases. Phase 1 will include hydrogeologic analyses of the Fraser wellfield. Pursuant to its decrees in Case Nos. CA-1175, 82CW219, and 85CW339 the Fraser wellfield has additional legal capacity. The purpose of this phase is to determine if the wellfield area has a physical capacity for the installation of additional wells. Specific project tasks are described below. Phase 2 will include hydrogeologic analyses to investigate up to two new wellfield areas. The purpose of this phase is to potentially locate two new wellfield areas, locate the appropriate number of wells in the wellfield, and estimate the wellfield pumping rate. Phase 1 Scope of Work Phase 1 project work includes the following tasks. - Wellfield Data Assembly and Review - Wellfield Data Analysis and Preliminary Well Site Selection - Wellfield Simulation Analyses - Analysis Results and Conclusions - Meetings and Coordination - Phase 1 Report Task 1 Wellfield Data Assembly and Review There are currently seven operational wells in the Fraser wellfield. Two well sites, No. 3a and No. 4 are currently inactive. Fraser wellfield data will be assembled and reviewed. The data review will focus on the wellfield’s aquifer parameters and wellfield characteristics of specific capacity, empirical evidence of well-to-well interference, and a semi-quantitative review of each wells’ physical condition. This task will also include preparation of a wellfield location figure that will be used to identify potential additional well locations. Task 2 Wellfield Data Analysis and Preliminary Well Site Selection The Task 1 data will be analyzed to develop one or more preliminary Fraser wellfield well sites. The preliminary well site locations will be determined by aquifer parameters, well spacing, and the location of existing pipelines and other wellfield infrastructure. We will coordinate with the Fraser’s water attorney on existing and new legal well location issues. Potential well location issues will be explained. Task 3 Wellfield Simulation Analyses The Task 1 data, the existing well locations, and the Task 2 well locations will be used to evaluate wellfield pumping and drawdown. The existing Fraser wells will be simulated at their equipped pumping rates. The new wells will be simulated at estimated pumping rates. If new wells are Mr. Adam Cwiklin December 23, 2021 Page 3 feasible, this wellfield work will result in pumping rate and drawdown estimates for the larger wellfield. Task 4 Analysis Results and Conclusions This task will develop results and conclusions based on the Task 3 work. One possible result of this analysis is that the Fraser wellfield cannot accommodate additional wells. If additional wells are possible, the wells’ location, anticipated depth, and anticipated pumping rate will be explained. An additional topic will include the Fraser River’s effect on well pumping rate and drawdown. Task 5 Meetings and Coordination This task includes two project meetings and meeting preparation time. One of the meetings will take place at HRS’ office or virtually and the other meeting can be in Fraser. Task 6 Phase 1 Report A Phase 1 draft report will be prepared for Fraser’s review. After draft report comments are received a final report will be prepared and submitted. Phase 2 Scope of Work Phase 2 project work includes the following tasks. - Water Supply Analysis - Study Area Selection - Hydrogeologic Data Review - Hydrogeologic Analysis - Meeting and Coordination - Phase 2 Report Task 1 Water Supply Analysis In 2020 an Updated Water Plan was prepared as a collaborative effort with input from the Fraser Town Board of Trustees; the Fraser Town Staff; HRS; and the Town’s water rights counsel. The Town’s municipal water supply facilities includes two independent, but physically connected, systems: the “North System”, which generally supplies geographic areas of the Town known as “Old Town Fraser”, and the Byers Peak Properties development; and the “South System” which supplies geographic areas of the Town encompassing the Rendezvous and Grand Park developments. This SOW is for only the North System. Mr. Adam Cwiklin December 23, 2021 Page 4 This task will review the North System water supply demands in the Updated Water Plan. The review will result in a preliminary determination of an estimated alluvial well pumping rate and the number of alluvial wells required to meet the anticipated North System demand at buildout. Task 2 Study Area Selection You have provided us with a figure which outlines a general area of investigation for this project. That area includes both Elk Creek and the Fraser River. We anticipate that Fraser River alluvial well production will be better than Elk Creek alluvial well production. We will evaluate Elk Creek alluvial well production to better inform our opinion. This scope of work includes the selection and evaluation of up to two alluvial wellfield areas. This task will require additional coordination with you to identify specific areas for evaluation. Once wellfield areas are selected, hydrogeologic information gathering for those areas will begin. Task 3 Hydrogeologic Data Gathering and Review We will gather, assemble, and review hydrogeologic data for up to two potential all uvial wellfield areas. This hydrogeologic data may include: - Geologic maps - Topographic maps - Colorado Division of Water Resources well records - Published hydrogeologic reports - Hydrogeologic reports in the HRS library The available data will be reviewed to determine the following wellfield parameters: - Depth to bedrock - Depth to ground water - Saturated aquifer thickness - Aquifer lithology - Aquifer hydraulic conductivity and transmissivity - Aquifer specific yield Task 4 Hydrogeologic Analysis The data collected in Task 3 will be analyzed to evaluate alluvial wellfield pumping rates. Depending on the available data, individual well and wellfield analyses will be performed to determine potential well pumping rates. The objectives of this task are to determine the number of wells that can be installed in the wellfield area, the well’s approximate location, and the wells and wellfield production rates. Mr. Adam Cwiklin December 23, 2021 Page 5 Task 5 Meetings and Coordination This task includes two project meetings and meeting preparation time. One of the meetings will take place at HRS’ office or virtually and the other meeting can be in Fraser. Task 6 Phase 2 Report A Phase 2 draft report will be prepared for Fraser’s review. After draft report comments are received a final report will be prepared and submitted. Estimated Project Cost Work for this project will be performed on a time and material basis. The estimated cost for HRS to perform the proposed scope of work is $68,010. The Phase 1 cost is $31,880 and the Phase 2 cost is $36,130. Rates used to calculate the costs are listed in our 2022 rate schedule (Exhibit A). Direct costs are all charges other than labor charges incurred directly for the project. Schedule The Scope of Work as described in this letter-agreement shall begin immediately after HRS Water Consultants, Inc. receives a signed copy of this letter -agreement or after a contract with Fraser is executed. The signed letter or contract will be our Notice to Proceed for the agreed- upon services. HRS will complete the proposed work within 150 days. Any delays beyond our control may require adjustment to this schedule. All work will be performed in accordance with HRS Water Consultants Standard Terms and Conditions (Exhibit B, attached). If the scope of work, cost estimate, and schedule described meet with your approval, and you wish us to proceed with the work, please sign and return one copy of this letter-agreement. The undersigned agrees to the terms as written in this Letter Agreement and the attached rate schedule and Terms and Conditions. We look forward to the opportunity to work with you on this project. Please call me if you have any questions or comments on the proposed scope of work/agreement. Very truly yours, HRS WATER CONSULTANTS, INC. Mark R. Palumbo Principal Hydrologist Mr. Adam Cwiklin December 23, 2021 Page 6 Enclosures: Rate Schedule (Exhibit A) Terms and Conditions (Exhibit B) H:\Mark Palumbo\Clients\Fraser\CIP 2022\CIP_HRS_Proposal_12-2021 Accepted by: Signature________________________ Name___________________________ Title ___________________________ Date ___________________________ TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2022-01-09 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR HOUSING COLLABORATION BETWEEN THE TOWNS OF WINTER PARK AND FRASER WHEREAS,pursuant to Article XIV,Section 18,of the Colorado Constitution and C.R.S. §29-1-203,governments may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS,pursuant to C.R.S.§29-1-204.5,any combination of home rule or statutory cities,towns,counties,and cities and counties of this state may,by contract with each other, establish a separate governmental entity to be known as a multijurisdictional housing authority; and WHEREAS, the Towns of Fraser and Winter Park entered into a Memorandum of Understanding for Cooperation on a Multi-Jurisdictional Housing Authority dated October 19, 2021. WHEREAS,the Town of Granby and Grand County desire to join the Towns of Winter Park and Fraser to collaborate and work toward the formation of a multi-jurisdictional housing authority in East Grand County. BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The First Amendment to the Memorandum of Understanding on Housing Collaboration with the Town of Winter Park is here by approved subject to final approval by the Town Attorney. Upon such approval, the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF January, 2022. Votes in favor: ___BOARD TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___BY: Mayor ATTEST: (S E A L) Town Clerk FIRSTAMENDMENTTOTHE MEMORANDUM OF UNDERSTANDING FOR HOUSING COLLABORATION BETWEEN THE TOWNS OF WINTER PARK AND FRASER WHEREAS, the Towns of Fraser and Winter Park entered into a MEMORANDUM OF UNDERSTANDING FOR HOUSING COLLABORATION dated October 19, 2021, approved by Town of Winter Park Resolution No.1915, Series of 2021 (the "Memorandum"); WHEREAS, by entering the Memorandum, Fraser and Winter Park intend to work together to comprehensively address a workforce housing shortage and to explore the formation of a multijurisdictional housing authority; WHEREAS, the most recent housing needs assessments for Winter Park (2015), Fraser (2016), Granby (2018), and surrounding areas of unincorporated Grand County (2018) show a considerable need for additional workforce housing; WHEREAS, the 2021 Mountain Migration study found that since the onset of the pandemic the need for additional workforce housing has increased significantly; WHEREAS, according to that study, home prices in mountain communities had reached record highs, rents increased 20% to 40% in one year, and the availability of homes for rent and purchase dropped to critical levels; WHEREAS, the study also showed that newcomers to the region with significantly higher incomes than year-round residents more often won the competition for scarce housing units; and WHEREAS, since formalizing the Memorandum, Grand County and the Town of Granby have indicated interest in also collaborating with Fraser and Winter Park to pursue a comprehensive solution to workforce housing in and for the region. NOW, THEREFORE, the Towns of Fraser, Granby and Winter Park and the Board of County Commissioners of the County of Grand, State of Colorado, agree to amend the Memorandum as follows: 1. The Memorandum is hereby amended by the addition of the Town of Granby and the Board of County Commissioners of the County ofGrand,State of Colorado, as parties to the Memorandum (each a "Party" and collectively with Fraser and Winter Park, the "Parties"). 2. The informal working group established in Section 1 of the Memorandum (the "Working Group") shall be expandedto include the Granby Town Manager and the Grand County Housing Authority Operations Manager. 3. Section 3 of the Memorandum shall be revised to include contributions of $50,000 each from the Towns of Fraser, Granby and Winter Park, as reflected in each town's respective 2021-2022 adopted or amended budgets, with such funds to be used as setforth in the Memorandum. 4. The sharing of costs discussed in Section 4 of the Memorandum shall be revised to reflect the towns of Fraser, Granby and Winter Park equitably sharing the costs associated with the tasks identified in the Memorandum and shall be further revised to add a $10,000 contribution from Grand County to be used exclusively for legal costs. 5. All other terms and conditions of the Memorandum shall remain in effect and shall be applied to acknowledge the addition of the Town of Granby and Grand County as parties. Except as amended herein, and except as is necessary to conform the terms and conditions ofth e Memorandum to this First Amendment, the Memorandum is ratified and affirmed. IN WITNESS WHEREOF, the Parties have entered into this FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING as of this day of , 20 (the "First Amendment Effective Date"). TOWN OF WINTER PARK, COLORADO Nick Kutrumbos, Mayor ATTEST: Danielle Jardee, Town Clerk TOWN OF FRASER, COLORADO ATTEST: Antoinette McVeigh, Town Cler Deborah Hess, Town Jerk ATTEST: Sara Rose ne, County Clerk Philip Vandernail, Mayor RAN BY, C RADO COUNTYOF GRAND,STATEOF COLORADO Kristen Manguso, Chair TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2022-01-10 A RESOLUTION RATIFIYING AN AMENDMENT TO A CONTRACTURAL OFFER AND INTENT TO PURCHASE THE VICTORIA VILLAGE SUBDIVISION WHEREAS, the Town of Fraser is actively pursuing affordable housing initiatives in alignment with the needs of the community and established as the number one priority by the Board of Trustees. WHEREAS, the Town of Fraser previously made an offer for the purchase of the Victoria Village Subdivision in the amount of $3,650,000 that was not accepted due to more competitive offers. WHEREAS, in an effort to ensure acquisition of the Victoria Village Subdivision and pursue affordable housing initiatives in the Fraser Valley, the Town of Fraser provided a counteroffer in the amount of $3,800,000 which was in turn accepted by the property owner. A copy of the accepted counteroffer is attached to this Resolution. WHEREAS, the Town of Fraser has submitted a grant application under the Operation Turn-Key Grant Program for which will pay up to 80% of the land acquisition costs. BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The counteroffer for the acquisition of the Victoria Village Subdivision in the amount of $3,800,000 is hereby ratified and approved. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF January, 2022. Votes in favor: ___ BOARD TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk T +IS FOR ' <<;; i ., ,'.;TART LEG i CONSEQ ,.4 ENCES AN ' THE PA ,, ,E OUL'4 C ,;; U LE AL 3 4 6 AN + ; TAX OR NI" ,ER COU ,,;;SEL ?EFO lE SIGN! CO G RO 5 1. This Counterproposel supe x ,, e,s nd >pie, ,, any p , vious 9 Cou a , ; ,I mends the p p ed contract d u !13/2922 Condominlons Y = .:iii o V (Sel x, C ado Munlclpell nd Philip Vends il, ( uysr loll r iusgaily d ,crii,„ l s' ,: in n' nd" Colo Lo ugh 8, "o A, VICTORIA VIL E, Lots 1 th Lots 1 through 8, i C VICTORIA VI ots t thro 11 Lots 1 th ugh 8, i ck E, VICTORIA VILLAGE; and Lots 1 VILLAGE 12 ;,.,n as: 225 Park Avenue, Fraser, CO 13 15 16 2 17 1 2 Pw w:,'rtyau f blan';, or Is m vision of the Contract. din '',°',;vision ,, 'fife Contract to gun p F, ;L This t e n nd To , C in to the le a,.. a of th do (inset le al de» llonje h 9, Block 13, VICTORIA VILLAGE; o F k 0, VI 7 ORIA VI GE; R1 F VICOTiRA 22 dll; 's N*,ttm This la ay b Tknerof L x ° Deadline AIt&riarivu k-R:nrr,es( Monev Deadline is _...._. . ..µµµg. .,. ,...., ...... .��,�..� 3 a 8 Record Tltie Deadline Land Tax Certificate 4 8 l Record Title C "jctlon Deadline 6 § 8 Clt-Record Title Deadline Title 0. ecdon Deadline 7 8 TINa Resolution Deadline P ht fo ur 6 ,PA. r* etlne 0 n Association 9 7 otlon Documents Deadline 10 7 Aseodation Documeqnts Termination Deadline ere Disclosures 11,1 rfiy S r% �n Disclosure Deadline Al2 0 Lead -Based Painl Disclosure Deadline can arm Credit 13 ' 5 Idew Loan P.nNicetion Deadine New Loan Term Lie4 one New Loan Avallabal DeadIIr 16 5 Buyers Credit Information Deadline.li 17 DI rove! of Oar x r Credit Inhxn 18 ti, 5 Existing Loan Deadline 19 5 E,detlr•re, LoanTermination Deadline 20 5 Loon Transfer A?pru 21 4 Seller or Private Finaming Deadline raise' "No Cha ga" column" ft I ed In the " slated" made is deleted. in ppli xbe.] No Dab or Deadline Detebd T, reiibn.. 1 1.4 is 6n Dilienr r nnt--ski :5 3. § 4. PURCHASE PRICE AND TERMS. [Note: This table may be deleted if inapplicable.] 2 The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: 24 \ssumptIon Balance Private Financing wR 29 4. ATTACHMENTS. The following are a part of this Counterproposal: 29 Note: The following documents have been provided but are not a part delis Counterproposal: 29 .. 5. 3 OTHER CHANGES. eller shall provide any plats, plans, surveys, engineering and any other uments now in Sell s slon. Ho ver these docum nnot be part of the purchase pricy and will be dally complementary to the Buyer and in no way .ire the Sel s slble for the accu cy and usability of the documents Ince they CP40-6-21. COUNTERPROPOSAL Page 2 of 3 Initials .A,CenPANCC 4 � g «� 6 ! R mk izIralkor5 Q ,� d r�I,!SOi COtift4,10 0p ¢ n. C04MT #raP L gild 012 3 � . a � g � e 9 32 q m 37 2 53 54 55 56 37 38 59 60 61 6Z 63 64 65 66 67 68 69 70 71 72 73 74 75 77 Any deeded water *dm will be conveyed: by ■ ,aid and sufficient *Oa and Ws dead at Clink* 2.7.2. ether Wes Ws,i, , to Watw. The Mowing dens Maths to wane not included kit 2.7.1, 2.7.3, 2.7.4 and 2.7.6. will be tramitered m Boyar pt Dodgy All of !Mller'6 right, title and interest in and to end► and all water rights of any netw e whatectever, appurtenant 11e, annotated with or biatodcally used 0n the Property, including without Ihnitadon all surfing and submit= rime and all welts and well pmmits, springs and spring rights, reservoir and rum* rights of way kind or aatnro, water stone rights, infgation rights, nb-hrigadon rights, roam flows, oa,ulltittnsl rib, ditches and ditch rights of any type, including all arum or oert flcates of any type in ditch or water delivery odes or.asoeietiona. 2.73. ...ia'F:'r said Immo. Taps. The parties ogre. that my weer and sewer tope appaereoant to the Prepae one bohlp oanv.ysd as part of the Pathan Prim TM 11h.° orfewer temare kdadell 1a the so% Boyer IIf vitylkat to Wok. from tho prodder, w,411memdirsostkat dos ;. . ,;, nonclaing to be pond, Now, toe _, a, dim rettrielimin far tram trod us a[ths tars. 2.73 Csnvsysmms. Inkyae is to raoslvie any rests lo were pumamt to 12.7.2 (Other Rights Rolatior to W110). 2.7.3 (Well Bialite), or f 2.7.4 (Water Stook Cartitlmom). art 2.7.5 (We* and bow Tips). Wier to canny nick dolga to Bayer by aemaatlsp the ale legal iodromant at Closing. 3. DAT9Z AND DZADLThII AND APPLICABILITY. 3.1 Dices and Item Wars= No. 1 Wont i 43 Ada Mon Dssditne TgRs -- - 2 =6.1...8.4 �noeed'TitLe Z�e�ine 3 I i.I, s Tide eoa[o Madam 4 ' 8.3 O-Reaced Tido Doodling 5 t3.3 Oingoord Mao Wooten Deadliets 6 '8A,6 7 6.6 6 9 10 11 f 10.10 i t7.4 10.1 65.1 3.2 14 e53 15 . S3 16 1 5.4 -17 18 3,4 iq 4.7 20 21 22 6.2 1001m Dounitat i ri of Pint IteBaal Doodling r Anocis Msooismn Daeamenb Teemiastion Medlin._ Sa4rM Dhedosares Sollae"s Pr Disclaim Deadline Lesdressed Paint Dleoioame Deign, (if Pesidmitial Addendum atambede se Condit Now Loos AN-hostingAN-hosting Deadline N.w.IAa Termination Daadliaa 's Credit Inemaation Deadline.m ,, uunat of Hai oes Credit I dan Deedi ice... Bststin _Docwnant. Deadline ' Loan Dommeons.Termindlon Demure Loa Trams r A �riwel Deadline Beam arPrints MaloofP Deadline w.e sisal Deadline e4 4: I Ckection Deadlines Amass' Rieaalatlan Doodling No. 01144-11 CONTRACT SWAM MU. REAL MATZ OLAteyj Dom tar Dss a ;titulary 21r 2022 krY 1.2022 Lir°. 2022 ism -. 28. 2022 F.bru +,11.2QS2 11 2022 ;sat :o . 28 2Q22 Pobruaty 11.2022 • Jenuat 6. 1023 N/A NIA NIA NIA NA i N/A NIA Mtleeain 11.2022 Much �1_�8 2 1 _2 Mends23.2022 3.111 Dote or Madlbw 71 79 10 11 12 13 84 sea3mG urvc . LP. 1.1.1...11. 3f; 1- , 9.1 Now ILC ar Now Sam; Deadline PIIMMICIM 24 �> 93 New MC or New Survey Madan 25 .,. 9.43 Now I CcrNew k 1 Deadline jaar, ,don Termindion Deadline 103 4,1' , , don Resolution Doodling 29 4 103 ProzatipapispaiXaroninetion Deadline line 30 10.6... Doe Dfilmice DoaamaniaDeltvery DeaAllac 31 ; 10.6 n Dalie sae Down * Objection Doodlin I0,6 Doe ,D114, enme Dce , Doodling 0..4. Ennvhsamaot 1 fna ; - 1 � 34 S . 10.6 ADA hint iQ��L 35 610.7__. ..._Condittaoal SaleDasdlin' 36 a 10.10 Leadrfssed Paint Dfeslasaea Deadline Of'Reddentsl B 37 11.1 11.2 ai l Teton ab T3aodline 35 113 r o A 1_01N:imp* * b' 3 Deadline Cit-pi nt, and Poo 39 = L 133 ' a' Jade 40 i 17 Passion Date 41 , 17 Poseidon lima n °rtantaPaarditna .,.21 Mao 2...2022 14i 16 2022 m_31 20:2 kiosk 25 2 11 Maar, 21 2023 Ft's R, hr 11 2022 mgtty 16 2022 Mav 16 2022 11A NIA Jaguar 2L. 2023 Pk: r 2022 .20 2022 Ms 20. 2022._._ . .. AJa a Ji v. 14 2022 5 an. 3.2. Applleshidity d Terms. Any bast mndaad in this Convent means the oossospcoding provision applies. Any boas, blink is 0 3.1 (Dots and Deadlines) is lett bisnk or oemplutod with the abbreviation WA", cc the word mower eI' seek deadline is not applicable sod the oarespcadlap provision coolaking the deadline is deleted. If no bast is ahedmd in a peovidon diet contains a aatiaatfaa of "None, s ok provides means Ike 'None ■ppllss. The abbawlstloa'a®C" (auataal auaadlon of taia Canoed() means the date upon width both pardes have signed lie Conked 4. P101RCNABB MCe AND TERM. 4.L Prise aid Terms. Tlra Porehue Price set kith below is wale in U.S. Dodos byDumas Wean it Item 3—.600 000.00 Resift des 1 14,1 Por baasPi 3 4.3 Pam* Malley 3 4.5 4 i.4.43 4.7 6 7 1 10 Now Lam A t,. &Jame �ah��-�z�� ea 4.7 Sax Flomei• solilDsosakewhouriolideeikekago Ise. tler4a u COMPACT TO OUT Mm MILL ORAL MATS a.41WJ Amend FEW of ZDADRAGENSCRODWINDRI 153 i 154 155 156 157 158 159 160 161 163 163 164 165 166 167 168 169 170 171 dorranomnemit a 172 173 174 175 176 177 178 . 179 180 181 npi nnewmA 182 113 i1 New deo 481fR 'grata. 6045:111041 114 6. APPRAWAL PROMMION11. 185 6.1. Apprinti Dothlitton. Az "Appodor tom opinion of habre prepesed by a lieaaeed ar o&dfed aplrndeer, m aged 186 on behalf of Sinner ar Bayer's !ante, I determine 'flee Pwp od r'e made Woo (Appeaiead Yetoe). T1>Q Appraisal rosy also oat 187 iota mink lodge roq unarm a. roph000nnns, mmovals or minim noosomny cm ar to dm Poway no a oandbdon .par the Prop ny 188 10 be wined at die Appmiaad Ydaa 139 6.2. Annuilad Ceodtlaa. The appUodde "podia! paoaldoa on kit balm applis to the rumba lava type eat north 190 k § 4.53. ar df a rash tnneaodaa (Le. so g), . 6.2.1 applies. 191 6.2.1. �_l/C9Qbaer. Bow bus the 'dpbl to obtain on Appraisal. If the Appeataed Yalu is leas than the 193 Punk= Prim, ar if t6a Appmiaal in not reotwad by Bayer morbid= Apprictrril Doman Buyer may, m ar bare Approi al 193 OhJsc1ka Deadline, notwitbstearding 8.3 or. 13: 194 6.3.1.1. Nutke to lbandado. Nod(r Saber in wrilig paroa■at to 123.1, dot tide Conran h mad; 195 ar 196 6.Z.1.i. Awaked C18leetlst. Dew to dear a written *main a000mpoded by tither a copy of do 197 Appraised ac written aodoe dam loader dot oonflun the A' ode ed Value is Law then den Parch= Prix (trooft Yed&aadon). " 198 6.2.1.3. Appealed Banigtham. If ea Mondial Cl*otion is toothed by Sadder, on ar betas Appmib l 199 Objection Deg; ,„, and if Doyen nod dolor have not weed in w lqg to it aatdmmemt t6emaf cm ar WWI Appnitail Roll& 200 Deadfru (l 3), drte Canned will taemdoate on the Approlot1 >ReaelrWeut Dee,.t'I,. ,r ulna Seiler maetree Boyles wake 201 withdrawal of dm Appradorl WW1= blaze nab tomi.atloo, 1a, on or Moe eapiratiou ofAppavdid naeletlaw Di 201 6.3. Lender Privity Regalrnaseatse. D'tba lender bawls troy Wino niquhammota, mplaamaatra, eemavala ar m dc%, 203 hawks my giocalmi in dm AFAR (mow' Itsprinnimott) to be made to the Props (a8+ roof repair, repaindog). beyond 204 those mattes deeedy 'grad to by Sauer in tide Coonnot„ this Cfonnaot tonnbutot as dm vodler of three dye &rUowlag 8ellar'o 205 reccipt of # Leader 11toquirmoonk ar (Maths Wow prior to teaofaatdam: (1) the panties Bomar into a wzittaa agreement to entity aa !,a Ns. 011944,19. COIITIA'=TO WiritANDOR&BEALROTATE 04111119 !Masi idle 2116 do Lauder pequitunanim (2) the Lender Re pirements have bum oamplet d; or p) the satiehatioe, ref the Larder aaquitemsate207 i 208 209 210 211 7. OW1410 1' ASIOCLtTTCiN. This SadaoMappable litho Propea ty is hosted within a Common bar= Comernotty end 212 added to*. deslerwtio n 213 7.1. CwenAtMI Tialarrrrtt Cams* mss, THE PROPZRTY 11 LOCATE, WITHIN A COMMON 214 INTERIET Commuranr AND to R08d1ECT To Teat DZCLARATf N 1?NRt TIJZ C011301141111Y. THE DWNPR OF 215 THE PARTY WITH. ET TOQUE= TO RR A STEIERER OF TBZ mum ASSOCIATION THI 216 COMM/14M AND WE.L Bl2 suancT TO TEZ =AVM AND RIVE AND RI/MATIONS OW THIT 217 ASSOCIATTt3N. THZ DECLARATION BYLAWR AND RULE/ AND RZGVLATTO)IR WJI L Th(POSZ PINANG'IAL 210 OBLIGATIONS UPON no OWNZR OF THZ PROPERTY, INCLUDING AN OBLIGATION TD PAY 219 Asszt A N'I'R DP THZ ASSOCIATION. Ti THZ OWNER DO'S NOT T'AT n' = A11112113111111'IR,,, THE 220 ASSOCIATION COULD PLACZ A IAN Chi THZ PROPIRTY AND PO.Y MILL IT TO PAY TBZ DI®T. TER 221 DECLARATION, BYLAWR, AND RULES AND REGULATIONS OF THZ CORD1UNXTY M Y MOM= THE 222 OWNER FROM MAKING CHANG= TO TER QTY WITHOUT AN AnourzCTUItATa, REVIEW BY TRZ 223 ASSOCIATION (OR A COQ OF TIE AIRROCIATltlirf) AND TIM APPROVAL' 'r TBZ ASSOCIAT?I. 224 PURCHASERS OF PROPERTY WJTRQN TTIZ COMMON INTRUST COMMIEGTY &EOII LD DlWE*TDGATZ TBIi; 225 FINANCIAL ONIGATIONS OP MOUE= OF THE AtCIATTCI►N. PURCHARIGUI MOULD CAREFULLY 226 a"' d., THE DICLAITATION FOR um COMMUNITY AND THE MAW/ AND RULES AND REGULATIONS 227 TER AR TATI0N. 228 7.3. 13 Dt a to Bayer. Seas is ddigoed to i+Burtthe Assockdon Df1f7nnanti (,e•4" "n o:Y;Yv✓ w 229 d Settee , on Documents DradlRaa Seiler enthodoes the b peon& the Amodation 230 Dos m e=10 Ba rsy'eet obliged= to provide the Amrraw ad an Dormant. hi fkrifORI ups BUY/6 ram* o[ 231 the Aoudad= Documents, maids" s oca t doom= 232 7.3. haseaticat Docantemcte bto Buys' Arsoehdon docu mewl (A►weaadKtan Doeurnenet) coedit of the Mier vfr 233 7.'3.y Mi JAssooddion, deal home, articles of inoorpoadee, bryiew , Wicks of cagenhodon„ operating 734 a pionrents„ rules end rophtkins, party watt sgreaments awl the Asecroledea'e reepansible governance plebe adopted ender 235 31.33.3409.5, C.LS.1 236 73.3. li ltmten ot (1) die annual waters' or members' seethes and (2) tiny eawmaa ive beanie' er .' - -- a' 237 recednga such Watts Moluda thew melded under the eeordt awiwt name! axioms opted =Awl 3S -33.3409A C.1.$. n3 (Amid fie) and Wanes ofd Noy, obsegment ' ', the minutes disclosed to the Armed Disakeure, Farms ofths 239 p ro u * ambmtei esiet„ then the mot meant mhwte s, tfsty Of 7.3.1 slat 7.32, eolloodvely, 0avendep Doennons); emu 240 7.3.3. Llst of RR Amecdetton boron policies rte p vidod lee the Aso salon's last Actual use„ In oluang, 241 not limited to, ,proptity, gaoraael l lbllhy, aeseciaelan dhow seed ones _ ltsb5tty end fldatity policies. The hat 2 'rwort amok the occepiay n es„ policy bs, policy deductibles, additional mood ineurede end deice of die pollees 243 Head (Agemoistics Inoue= Documenti); 244 7.3.4. A list by unit type of ills ms's wesements, twoluding ,rr+:a regular and special rename* we 245 dterolosed in the Assoutsten's last Aeees1 Dien oeure; 246 7.3.5. 'The ms's most recent theneld docum mar which soft of (1) file Association's opatedd budget 247 for the MEMO fusel yisr, GI) 'tha ,seas den'e nwut tooeat ^' 'M „„b Datreueleal etsteram , including my amounts hell in cetera fir 243 the deal year immmeddetelwy placed* the pi's lust Amid ,tea„ (3) the molts of the ms's most root 249 avdirbi, drarnatel mitt er swim, (4) lilt of the fbus end eahstgis sera of rose of tioe of such floor or ) dud the 250 Aaseet pat's catuntunity woes meow or .rAeeocleathoa will doge in ommcoNon with the Clow *R tnraludbag„ but not 251 to, mg 11 ',@aerinciittle t to the Wow cf the dMaia es rmto utof rersaam eats (Sane Letter), saga rich or update he eb aped Rrr 252 the »Ylw�a'gbo:' Latter, J. 'r�a W snoosnoodcha change he or owner**owner** reseal tom" flees (Razed Mop Per '� (5) BS 223 of alt amommems iequ{rai to be ,paid in /MK% IOWA% % ar wading octal due at Closing and (6) reserve study, Reny (117.3 4 254 mod 7.3.5, ealleatively, Pleancied fir, 7.55 73.6. My written notice from the frIresociatioa to Seller of a lbonstruction dehot amnion* under' 33.33.3.303.5, 256 Wilt. within the pest slur months sod the molt 01 whether the Asecroiedon approved ar dleeppraered such action (C ostoreti n 257 Dales Daaemente). Nod* in this Seed= anis the SOWN obligation to ddealeee edvearc ar undel fhMs es rah gr.dred under 0 253 102 (Dholorme of Advrarne lllstarled Posta Subsequent D select rc Proust flaei) tang cagy problems W defeo9e in the 2.59 went= ar lbnit ! lM'"« r.YY' «,,' denote edliarAsso,lltlanpnapa4y. 260 7.4. Coadlatasl iMe Buys"e 11016 1111. Buyer by the aright to re slew to Adeeec tton Doeu reaate. Boor has the Rat to 261I, T+cs meleate under 125.1, art or bulbar « h M1��' D�aeaetoo T * �Domes based �on way' �y � in 2 ,��2 '��MN' tbo Documents, is s sale � Should receive the 41blesehtdon Doeammrols after 263 A town Doouddsmerts Dew a Buyer, att Bove 's/ option., has tors Right « � under 25.1 by '.Buyer's Nodal to A E(LitI.y,_..,..,..,»,,..,,.«......, ..,_.w..M ...,... ..».......„.,_,..,..».........,...».. "..... ai�tl�...._.+. Mil fill Ili 1%.1 If 2r4 1111111 Prg IIIIIHil 1;113 ill 11/ ill I 11 $11111111 illihit 1 11 tigil li ill 1 Aingatall 11 1114 1111111111i 11 pi LoillpiiiIito Vol iilltith pi lid lidiiiiiii4 hiii. 1 li p ill ill :11 lip I 01 ite pi jiLpall .mi 1,1 ay.'s lv itv 1410114v lin itfilioraiiii paw gl Ilipill 16gl 1gThIblialliiii Iliddli `1'0 ,I�� 111 iI!iIifl 312 oriatumws, STORAGE,' OIL AND Gefi, OR 313 OF CURRENT WILLS AND GAS GATRILRENG AND 314 VA ADDITIONAL 'M►TLON. 365 1 NFORMA,TJWP RIIGAR RIG OIL AND GM Acnvrri 366 DRILLING INUIT APPLSCATIONti. INFORMATION NIA°if BCill A 317 ANA GAS OVATION COBEKIUION 366 1./A, '110a hare khan eat flush la r-0 . S d% and others, IM' be aid, exclude e14 3 ' our not owned by tile owner's ttfte ism= potteyr 390 913. s,ra Away. Duper is advised So timely mask bed oozed with rape: to all nigh Wen ace d na sae 391 owlet time Bathe prodded ice tthh Ccertraat t(e g., Reset Mk M ad 0Fraeord Title Objection w' 391 9. NEW ILC,, NEW SIDIY>i Y. 393 9.1. New BL1C or New Slug. Mho bast lr obe:hod, a: 1) ON Improvement Laeaeetlaart f hrtlla t few lLC)y tl' G. 394 lt) New/ S11AWy in the tl W-0 «-0W -0 ea ALTA stray Is muted and wtl , VII epp1y 345 9.LL Ordain of New U.0 or New Sweep 0 Sailor * 'Diger will adores Now MC ar Now Survey. The 396 New MC or New Surrey sew also be a paraeariaos ILC or annoy '' ' ' is the aUbovecea ed « .�'tl . aerttltlad sod upload ad as 397 dab after the dacha of ? N CoamM& 391 9.1.x. 9 'r -0,' ',Y' a ' ''a ` Now Ii.0 "' New Nana". The oaaat of the Now = ar New tl rvey will be paid, an or betbte 399 Cloak% by 0 Sella Dem at: CO 1 9.13. 1Ddlreay IINew ILC or New 1! 'f ,'. 'Baryaw, SeAaar, dse Of tido if en Abstract of Title) will r ai* a New ILC or New New 14. Cerdliedien of New ILC et Now lien ray. The New TLC or Now wlll' -0 < cartiBad by the �w to call those who era aaaoadvvthe New iLC o New &urvayr, �► 9.2. Doper Right We et ° CU t y, New LIB or Now SUM", tldaaetbeal. Bayer sway melees a New ILC or New 461 Survey tinned ttbam initially speolfted In aids Coolant it'd''. la no additional oast to Saw or abase to the New ILC aoft" 411t Nary ° o �°tlru,, Buyer mg, '^ a Bores ado loWerelve dherodoe, wive a New ILC or New Survey 1f done prior to 410 Seiko boating any cast fiat the soars. 411 93. Naw ILC or New Sway Objection. Beyer r b s the right* review and o1 i1 to the Now ILC or New Survey. If 412 he New fl C New Savoy it not y''u:tl-0"' M recatival by Burr or le it to Beyer, Baiyra'e axle sa dam„ 413 Bayrar new, cc been New ILC or New Savoy Objeetten'Aea noreidatendlegf &3 or f 13: 414 93.1. odd to Tares tent . N ' Sens le waits;ti 6'r'., a 1, u tl tl' -0,, f 25.1, tl '.„,; dale Coated le exam dad; or 415 93.2. New Re Now Sa • e 0b j ootton. Deliver to Seller a wales de.autiptlan of hay in that wan to be 416 ar le shown le the New IL+C or Now 9rarv.y Britt to umetithaxy'sod that Buys s nobes Seller to oast, 417 93.3. New ILC or Now Sway Reeduti e. N a New IL C or Nee Sam Objection le recadved by Sailer, ea 411 or baba .New ILC es NNw r. Survey °Naetdia and if 1hiy , W, Seller have net agreed it writing to a eatdemaet 419 tdasreo f can or led= New ILC or New SUM Ae utilra, 8 Context will trails* ca wad= of*. New= LLC or 420 New Sued orals Scharr realm Dyer's written wtthslestal Now ILC or Now Sway t ootton 421 bade *irh tareshistion, L. oa or beatlsourpiredloo of Now ILC or New Sarre R ndeltasa Aaeat PAgtegAssaqms IL PROS DISCLOSURE, INSPECTION lavary, A1I1df 01 WATER. 1t1V1" lieller"e Property µ On or before So 'e Property Buyer the melt aartra t vaults olds lipplluable Colorado Red Betels "s by Seller In Seller's naiad knowledge, cane* as of the deb ofthle Coataaot. 10.2. Dlideautas of Mara Matieta1 le Ni 'r; Stubeegurnt Dbcloaaarat haat Omaha. Seller most disclose to Bigot any whose reetetiel hots cot eddy » 4 tl' "' H by Sear es oft* dale retitle Caeca Seller mow the dholo ne Oedema smettrisi thole will be in writing. ba the event Seller dboovaara w elvers ioeaedatl hot after the date of tide Coats* Sells tthn* diatom ouch adverse shot 0 BUM BUM itaae the !tight 1a Termierne based on the Sellea'r new daimon on saarliar of Closing or five days eibx Bayern reeelpt of the new sck+rrle Sea Properly to Bogner fa � h1 " am � "9llbare Is" and "Wilt Aft Pack 10.3. leepoettora. Unless otheewise provided le this C nseet, Buyer, admit a-0 good hid, hes the rigin to have *spathes (by one pence>o1 ' or both) r« the Fropety and Inobudoes (bmepeotioag), at Bares *paw If (1) c.a. phy.lc.1 +, tl .' n i ., a tbrt �ar sr, i ebutle,p, boat not Halal to, the ra t, ink1111101211.1 iatuprkfy of «, fir, the eleetdad, plural% RVAC w ,b r srracbeairrhl Reams of the Praepscty, the *Meal awake the looluelees, (3) service to the No.C2114441. CONTILIICTTO DZUGl6NCSl ANA scouRag %riot epees to Mira to tae ban, eoreapleled UAL MATS (LAND) PrOloaf t6 III 1101111 II 11 tim I !I fl 111 I: 4 if III I 1:1 I ii al I ti !pall 111,! i! iii I 011111111111 ill I II 111111111111111 Ill i II/1Mo" fiv 11 flit ill 9 ill 11 I'w ailiii11ja) slaerj � e lib 1 11 1,1bor TIAlig111 fillt011111111111ilidif 1 i 11 ildiiii111114 II ii 1111.. a RR Sii% illiili3itl i09i Yi W AWA dYSe±diY933 4db2diiA4 8ii 94p233: 14!$14 1111111441; 11111111i Ili 1101111 tellill 111 4111111 !! lalta160 atliiirtil III w; i6 le 441.t t lw t III ilr sift f trslyee 'el 11 / 041411 1:1111 Itylitill 11111111i III III ly 6 111 1111i; loi 1 11111111Ili��!MP` fw 4[1 [Ifilifitil�l�4hr�$ tom!, t�� `pJ i,t [q s If � � ig f t to ��rkj 011111 �i� III 11011 (4I�� 1111114114 lkl11 4111! I 0 111� !ft 011 l !II tilll rali ;e�i�uC�� lt:iF�i} eF ei �:9 769 57.3. Mestresde DelNwy. Mechanic Delivery of dooemants and nodes my be deiivemed by: (1) email at the mead 770 eddrme of the aaiptaat: (,5) a it& or more to a weblike or server provided the recipient mochas the hareasettaa 2000.117 to 771 scowl the dooumaate, or (3) iho11ni is at the Pen No. of the recipient 772 274. Ch*, if Law. This Connect and ell disputes ebbs hemoader me governed by end ometeaed in aaoaede me with 773 fie hors of the Stine of Cak made that would be applicable to Colorado =eddsets who ui & a contrast is Colorado liar owl property 774 boated in Colorado. 773 3d. NOTE= 07 ACCZPTANC31, COUNTDRI'AIT$. Thfs proposal will expire olden accepted in webs, bylaw and 776 Belk", a evidmooed by their ague= below. end the *Ads pal , ieeetve nodes of look amp= parsasat b 27 m or 777 5 Bearer had Rainer. A espy of tarts CWare Aemplatto Desdnum Dab e°d Aeoep imwe '11ae. If a0osptsd this damage will bum a aoamat beam ontact may be mrgated by each pergr, smpa tefy, end whim eseh party tae enacted a copy 716 thereat molt ache taken together wo dammed to be s fl sod ooatpiets mead between the petits. 700 29. GOOD FAITH. Roper and Mir ealeowledpe that ugh patty•: bas m obligation to on in soot bib baulks, but not 781 limited to, saerclaba the mite and &Won met bra in the providers 0f Nuarmins CaudIdess Obligsdene, Tide 782 bsaraaser Retard The and Mamma 7111e, New ILC, New Sung end Properly Dkakaarrai, dmpestion, Indemnity, 783 Ilimpreaft, Dee Dill unss, Buyer MOVEN o i Seem of Water. 754 ADDITIONAL PROVISKINO AND ATTACHMENTS liglgiiiiigNagAgg 30. ADDITIONAL PROVISIONS. ('11re Mowing 'Mideast provide= have not bean eppsornd by the Colorado lead levee C mmie:lm-) *L 'hubs Approve Condemner This Contract 11 contingent and subject to approval by the Town of Fee r Hoard of Trustees. Ia the avant that suit approval fs not obtained on or bad= Jemmy 19, fit, this Contract dull terminate, the Earnest Money shall be returned to the Buyer, sand neither Buyer or Mier shall have say Anther obligations to the other tenants•. 30.2. Fundhgp This Omelet is oca tingrat and uhhb ject to the acquisition of cipropriate ilnds by Buyer to consummate the purchase. On or bider. January 1?, X12, Bayou will apply flan tore , which can awed 80% of the dash needed t0 close ($3,800,000 n80% $3,040,000). With the award of die amount from °pard n TkurrK'ey, the Buyer will And the remaining $760,000 to dame. In the event that the Opel:dice Turnaey Grant is not awarded t0 Buyer on or before March 31, 2022this Contact shalt terminate. the "Earnest Money shall be returned t0 the Buyer, and neither Buyer or S lkc shall have any thither obligations to the other hereunder. 1101 31. ATTACHMENTS. 102 103 31.1. 'The ihllawins atMaehments orra a pert olthls Cohmeoo Nt7Ih1E 104 505 31.5. The Mowing dteoloe= famous .him r n bat are Est a part of tide Cartra*t: NONE 506 Ns.0169449. antrum TOIVY AND 1/u.UALanrATI(LAM Pop MOM 807 808 809 810 811 812 813 814 815 816 BUM: 817 - IOW,* C FRAS8i. 818 819 By: 11d1ip Vemndaemdl, Meyer Date Jemmy 7.2022 EVERILeadaDangAddges 153 Rum Avenue P.O. Bon 370 Ftsoir, CO 80442-0370 Zkona 970.7264491 IMO 120 P1072: Mlle effYr le bd■4 eomi1a'sd or Muted, de set dam. ,tis >doomed. Ear to 32] Seller's Nome: elapses Niemen Addams: Phone No.: Fa No.: Smelt Mama 8i1 's Name: 8eRer's Stamm Addams: Phone No.: Pis No.: Emudl Addiese Late 121, 322 32. COUNT Rte. This edlir Is 0 Coontend 0 Ihdeded. 323 11 lo wily dimity Pow or NW) who ams8end or ey oh* edbr .. END OF CO! 1'RAcr TO MY AND EVLT. REAL ESTATK 11..ososa cownuicrrortrrom OWL REAL UsTATh gams 1.8.11011 33. HBtp1=8 AczNoWLICDGEMINTS AND COMPENSATION ramosuaL iro be completed by prober worlds' with Broker ❑ Does ❑ Dori Not.olmowledpe maopt of esmmst Maw deposit and, wide not a pry to the Cooked, epos to cooperate upon espies' with any iwedlation concluded under 123. Broker sprees rut iF e:0kea . Fbm ie B. Emmet Massy 'older m4 asoept es provided in i 24, ff the limed Mow bes not sbesdy been returned ibilowieg resent of a Node, to Terminals or other written sonar of termination. $onset Money Ed& will mires. tb. Money re dte.eted by the written •mama' be tnuodoam the* rele■se at Emmet Money will be made within five thy of Burned Money Baer 01 dm =muted written =Old iosteaatiaae, provided the Binned Money cheek hos closed. ambit is working with Nreras a 0 Beger% Aged ❑''alts'". Ape.' 0 Trecausarmardaw in ids tmseraodan. 0 This is a Chow sonata Brokaw Fbm's ooarpemad n orconudeion h to be pod by 0 Lean Brokenly am ❑ Beyer ❑ Other_ Beolm tq.Fine'sNames Btokee" a NERD Broker's Stoat= Adder= Phone No.: Fier No.: Email Adore m 3#. BROX:KI'B At3OlOWLEDGMENTS AND COMPENSATION DISCI UBB. (To be complated by&dororworking wldr Broker 0 Does 0 Dos. Not acknowledge receipt of Basra Mommy dwelt and, while not . path to the Caotnrrt,, moss to open request with any =died= concluded ender 123. Broker epee that if Smtieaape Plem i. the Binned Mores Bolder end, except as provided in 24, N fire Besse Money hes not dii,sdyr been returned fnlowbg remeipt of a Nodes to Temiaale or adea written moan oftumbu tian, limed Mangy Holder will mime the Bermes' Mersey ss emoted by the wriest =Mel isdmat ens. Sash sob= of Berme Mow will be made within five dupe of Basest Money Hoid.r's raked' of the eceeauted melees meted but ruodons, provided the Binned Momsy check hes oma.d. Broker is worldeg with tether sea 0 Ssilee'I Agent 0 Bus & Agent 0 TrammagiroBrokar in this Inomec1 on. ❑ This is a Cisme of Ststas. Bro erspe Plum's akaepaosaioa or wanted= is sit be paid by ❑ Seller ❑ aim` ❑ Oder /bobby Fleet'. Ns= Braises Nam 825 Address: Phone No.: Pas No.: Benda Addy= Date I. CINN+IL CONTRACT TOUOY AVID NUL REAL RITATI ¢.Attu S.[ia Total Amount Paid $1,209.62 Address 77795 US Hwy 40, Fraser 77795 US Hwy 40, Fraser 77795 US Hwy 40, Fraser 238 Mill, Fraser 238 Mill, Fraser 238 Mill, Fraser Total Collected in Accela $1,209.62 amount paid Total for Fraser (Use Tax/Water/Sewer)$592.52 Total Collected in SalesForce $0.00 $374.00 Checks Sent to Fraser $592.52 Grand Total $1,209.62 $592.52 Difference $0.00 Check $0.00 $243.10 Total for East Grand $0.00 $1,209.62 Checks Sent to East Grand $0.00 Difference $0.00 Total Building Permit/Plan Review $617.10 Total in Cassele $617.10 Difference $0.00 Fees Paid by Fraser Earliest Payment Found Latest Payment Found 12/17/2021 12/20/2021 Record Type Permit Payment Date Owner Fee Description Amount Assessed Amount Paid Commercial Alteration BLD21-552 12/20/2021 Rendezvous Colorado, LLC Building Permit $208.00 $208.00 12/20/2021 Rendezvous Colorado, LLC Plan Review $135.20 $135.20 12/20/2021 Rendezvous Colorado, LLC Fraser Use Tax $355.80 $355.80 Permit Total $699.00 $699.00 Record Type Total $699.00 $699.00 Residential Alteration BLD21-547 12/17/2021 Jesse and Emily Clark Building Permit $166.00 $166.00 12/17/2021 Jesse and Emily Clark Plan Review $107.90 $107.90 12/17/2021 Jesse and Emily Clark Fraser Use Tax $236.72 $236.72 Permit Total $510.62 $510.62 Record Type Total $510.62 $510.62 Grand Total $1,209.62 $1,209.62 Fee Item invoice fee Building Permit $374.00 Fraser Use Tax $592.52 Plan Review $243.10 Total $1,209.62 Reviewed by JRS 01/04/22 Fraser Report December2021 Generated By: Irene Kilburn Winter Park 1/3/2022 8:27 AM Permit: Issue Date Permit: Type Permit: Work Type Type Amount Fee Paid Date Amount Paid $0.00 $0.00 Filtered By: Show: All feesDate Field: Fee Paid Date equals Custom (12/1/2021 to 1/3/2022) Permit: Current Status equals Cancelled,Closed,Issued,Pending AND Type equals Plan Review,Building Permit,Plan Review (Plan revisions),Change Fee,Fraser Use Tax,Fraser Water PIF,Fraser Sewer PIF,Fraser Water Meter 5/8 in,Fraser Water Meter 3/4 in,Fraser Water Meter 1 in,Fraser Water Meter > 1 in,East Grand Fire AND Permit: Iss Permit No. starts with fr Grand Totals (0 records) Confidential Information - Do Not DistributeCopyright (c) 2000-2022 salesforce.com, inc. 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