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Home My WebLink About20070941.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR PIONEER COMMUNITIES WATER PROJECT AND AUTHORIZE CHAIR TO SIGN - CLEAR WATER SOLUTIONS, INC. WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Professional Services Agreement for the Pioneer Water Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Planning Services,and Clear Water Solutions, Inc., commencing April 2, 2007, and ending May 31, 2007, with further terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Professional Services Agreement for the Pioneer Water Project between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Planning Services,and Clear Water Solutions, Inc., be,and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 4th day of April, A.D., 2007, nunc pro tunc April 2, 2007. BOARD OF COUNTY COMMISSIONERS WEOUNTY, CO RADO �� y ATTEST: D0 �i Fi vid E. Long, Chair Weld County Clerk to the B ti11 r >G. L., e� 7770-Tern BY: �dT�7 Deputy Clerk to the Board \i { " \'am"::QF. Garcia APP D AS • Robert D. Masden ounty Attorney 4//16107 Dougl s Ra emac er Date of signature: 2007-0941 PL0073 ('(1 ` P Cle-,,c ) act- iI-c) 7 Memorandum TO: Clerk to the Board IDATE: April 3, 2007 C FROM: Brad Mueller • COLORADO Department of Planning Services RE: Pioneer Water Review CC: Monica Daniels-Mika Please schedule this as a consent item on the next available Board meeting agenda. The request is for the Chair to sign a Professional Services Agreement(2 copies)with Clear Water Solutions, Inc., for review of the water proposal submitted in conjunction with the Pioneer Communities, Inc., sketch plan application. The proposed cost of work is $13,651. The contract has been reviewed by Don Warden and Planning Services and is recommended for approval. 2007-0941 t leitrWATERso/Hti( )%1 water rights, planning and engineering March 27, 2007 Mr. Brad Mueller Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Proposal for Water Project Review- Pioneer Communities, Inc. Dear Brad: It was a pleasure meeting with you, Pam and Trevor on March 19, 2007 to discuss the water supply plan submitted to Weld County Planning by Pioneer Communities, Inc. Clear Water Solutions is pleased to submit this proposal to assist the County with the review of the proposed water supply plan, as requested. Project Background We understand that Pioneer Communities is a proposed 10,070 residential dwelling unit development in southern Weld County near Hudson and Keenesburg. More specifically, the development will be located north of Interstate 76 generally near the intersections of WCR 22 and WCR 49. Pioneer Communities will consist of six metropolitan districts, known collectively as the Pioneer Regional Metropolitan District. These metropolitan districts will contract with Resource Colorado Water and Sanitation District to provide for domestic water supplies in Pioneer Communities. Resource Colorado will provide the water and construct treatment and transmission facilities to the development to serve indoor and outdoor residential uses, schools, neighborhood commercial centers, and irrigation for parks and agricultural fields. The various water supplies identified for the development include: Lost Creek alluvial groundwater Laramie-Fox Hills aquifer water Arapahoe aquifer water Wastewater treatment plant (WWTP) reusable effluent Central Colorado Water Conservancy District Henrylyn Irrigation District Irrigation lawn grass return flows ©Clear Water Solutions,Inc. Proposal to Weld County Planning Department—Pioneer Communities,Inc. We understand the Weld County Planning Department has already approved the revisions to the Comprehensive Plan for Pioneer Communities and is currently in the process of reviewing the development Sketch Plan. Before Weld County moves forward with the development rezoning and final plat processes, you would like to insure the proposed water supply plan submitted by Pioneer Communities is adequate. Scope of Services You have asked us to review and perform a fatal-flaw analysis for the water supply plan submitted by Pioneer Communities to verify the accuracy and soundness of the information, data and analysis presented. Key to our review will be to identify any shortcoming in the proposal and to determine compliance with Weld County regulations regarding water supply, including both adequacy of water quality and quantity. More specifically, we propose to provide the following services: 1. Review all information. We will review and research elements related to the Pioneer Communities water provision plan. This will include information you have already given to us as well as additional project elements like the Central Colorado Water Conservancy District (CCWCD) Decree and Case No. 06CW256. As we review this information, we will identify additional information and materials needed to complete the review. We will also contact the State Engineer's Office about their review of the water supply plan, as needed, as well as Bruce Barker regarding Weld County Code. Many of the proposed uses from the above list of water supplies will require a change of use in Water Court. Our review of these court cases will verify that the appropriate changes have been made by the applicant. 2. Verify assumptions used for projecting water demands. We will review the assumptions and calculations used by Pioneer Communities to project water demands for the development. Water demands include indoor and outdoor residential uses, commercial uses, and irrigation for parks and open space (agricultural) areas. We will run consumptive-use calculations, using the Modified Blaney-Criddle Method, for the irrigated areas to confirm adequate water is dedicated for this use. 3. Examine sufficiency and dependability of water supplies proposed per Weld County Code. We will examine the sufficiency and dependability of all water supplies identified by Pioneer Communities relative to the Public Water Supply provision in the Weld County Code. We will identify any fatal-flaws associated with the determination of firm yield and summarize elements of uncertainty and variability for each source. We will coordinate directly with Bruce Barker to verify interpretation of the Weld County Code relative to the proposed water supplies. ©Clear Water Solutions,Inc. Proposal to Weld County Planning Department—Pioneer Communities,Inc. 2 One notable area of concern is the proposal to provide 3,600 ac-ft from wells augmented by CCWCD. With the scrutiny CCWCD is receiving in Water Court and the typically less that 100% quota established for pumping of its member wells, sufficiency of this supply must be addressed. In addition, we will examine the proposed use of the reusable effluent from the WWTP to irrigate the agricultural areas. We must verify that the water claimed is in fact reusable and that delivery of said water, by direct diversion or exchange, is feasible considering the flows in Box Elder Creek and the Colorado water rights system. 4. Research water quality conditions for water supplies. While reviewing water supply information for Pioneer Communities, we will also note issues related to water quality and request additional information if necessary. Because this water supply will need to meet drinking water standards, the County will rely on the State's analysis of the water quality. 5. Examine viability of proposed distribution system. We will review the proposed water/wastewater treatment and distribution system proposal for adequacy. Weld County's Responsibilities Because there is some urgency associated with the completion of this project, there are certain requirements of Weld County staff for a successful project: • Attend all meetings required to discuss issues uncovered. • Provide additional information as requested. Deliverables We will summarize our review of the water supply plan and associated documents in a comprehensive report. This report will summarize our analysis, findings and recommendations. As we approach this phase of the project, we will consult with you directly about the format of the report deliverable. We understand that documents of this nature are public record and that the applicant may have up to three opportunities to respond to any concerns or questions raised. We proposed to provide five (5) copies of the final report. Professional Fees • The total cost for the project is $13,651. We will invoice Weld County on a monthly basis. This fee includes all professional fees and reimbursable expenses for this scope of services. ©Clear Water Solutions,Inc. Proposal to Weld County Planning Department—Pioneer Communities,Inc. 3 • If additional services are added that are outside the scope of this proposal, we will provide you with a fee estimate for the additional services and receive authorization from you prior to proceeding. If you are agreeable to the above scope of services and fee, we will complete a Professional Services Agreement between Clear Water Solutions, Inc. and Weld County Planning Department for signature prior to commencing work. Timeline We anticipate completing the review of the Pioneer Communities water supply plan no later than May 31, 2007. Although this schedule is aggressive, we understand the County's need to expedite a review for the proposed development. This schedule is contingent upon us receiving the signed contract by April 6, 2007. Thank you for your consideration to hire us. I have personally served all Weld County's water needs for the last ten years. I have a very good relationship with Bruce Barker and Don Warden and believe our firm has served the County well. We trust we can do the same for you. Project management and quality control will be included in our process to ensure the best results are presented for you. In addition, administrative services will be provided to prepare correspondence when required. If you have any questions or need further information, please do not hesitate to call me at(303) 929-0758. Please direct all correspondence to: Clear Water Solutions, Inc. Attn: Steve Nguyen, P.E. 13228 Shadow Canyon Trail Broomfield, CO 80020 Cordially, Clear Water Solutions, Inc. �tvc Steve Nguyen, P.E. President Encs. cc: CWS File#P07-170 ©Clear Water Solutions,Inc. Proposal to Weld County Planning Department—Pioneer Communities,Inc. 4 PROFESSIONAL SERVICES AGREEMENT April 2, 2007 This Agreement is entered between: Weld County Planning Department 918 10th Street Greeley, CO 80631 (hereinafter referred to as "Client"), and Clear Water Solutions, Inc., a Colorado Corporation 13228 Shadow Canyon Trail Broomfield, CO 80020 (hereinafter referred to as "Consultant") for Pioneer Communities Water Project Review RECITALS, 1. Client recognizes that it needs assistance in the review of the proposed water supply at the proposed Pioneer Communities Development. 2. Client desires Consultant to assist Client with this review to identify project fatal flaws, assumptions used for demand projections and provide recommendations on findings. 3. Consultant is willing to assist Client pursuant to the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the above recitals, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree to the following: Period of Engagement The Client shall retain the services of the Consultant through 2007, although the project will be completed by May 31, 2007. Standard of Care The Consultant represents that its services will be performed in a professional and workmanlike manner in accordance with the standards expected of a consulting engineering profession. Consultant shall provide sufficient organization, personnel and management to carry out the requirements of this Agreement in an expeditious and Clear Water Solutions, Inc. Professional Services Agreement Weld County Planning— Pioneer Communities Review 1 PROFESSIONAL SERVICES AGREEMENT April 2, 2007 economical manner consistent with the objectives of the engagement and specified interests of the Client. Scope of Services Per letter dated March 27, 2007. Project Modification In the event the Client requires changes to the scope, character or complexity of the services and where said changes result in an increase in the project costs, completion date, and/or value received by the Client, an equitable adjustment shall be made. Client and Consultant together shall determine an appropriate means to account for such adjustment, which may include scope, schedule and fee. Accordingly, this Agreement will be modified by a Supplemental Agreement to clarify and document the nature of any additional services contemplated by such change. Compensation Per letter dated March 27, 2007. Payment Consultant shall invoice Client on a monthly basis. Payments will be remitted within 30 days from date of receipt, unless there is a dispute on the bill. Client shall notify Consultant within ten (10) days of the billing date with any discrepancy or to dispute the invoice. If this is not done within this time period, the invoice will be deemed correct and must be paid in full. Delinquent Accounts Undisputed accounts unpaid after 30 days shall be deemed delinquent and will incur a late payment charge, computed at the monthly rate of 1.25% on overdue balances (15% annually). Undisputed accounts unpaid after 60 days will be subject to stoppage of work and initiation of collections through a collection agency, attorney, small claims court, or other legal means deemed appropriate. Time incurred by the Consultant, as well as reasonable attorney's fees, will be added to the defaulted account. Ownership of Documents All documents produced in connection with the project covered by this Agreement shall remain the property of the Consultant, but will be made available to Client upon request. Clear Water Solutions, Inc. Professional Services Agreement Weld County Planning—Pioneer Communities Review 2 PROFESSIONAL SERVICES AGREEMENT April 2, 2007 Suitable electronic media shall be transmitted as specifically requested by Client. Additionally, Consultant grants Client an exclusive license to use and reproduce copies of work product generated with the understanding that such documents are intended for the Client's in-house use and application in connection with this project. Work products developed under this Agreement shall not be used for or applied to other projects or shared with third parties without the prior written approval of Consultant. Documents shall not be unreasonably withheld. Client shall be responsible for all costs associated with reproduction and transmittal of hard copies and electronic media. Confidentiality Both parties to this Agreement hereby agree to maintain in confidence any information related to the project, unless release of such information is authorized in writing by the originating party or required by law. Limitation of Liability In recognition of the relative risks and benefits of the project to both Client and Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant and its sub-consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of the Consultant and its sub-consultants to all those named shall not exceed the limits of Consultant's insurance coverage. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. Contacts For the purposes of this Agreement the following parties are designated as the contacts for the project. As a matter of protocol, all coordination and daily communication and contacts between the parties shall be routed through these individuals. For the Client: Mr. Brad Mueller For the Consultant: Mr. Steve Nguyen, P.E. Notices All notices, requests, demands and other communication given, or required to be given, under this Agreement, shall be in writing and duly addressed to the parties as follows: Clear Water Solutions, Inc. Professional Services Agreement Weld County Planning - Pioneer Communities Review 3 PROFESSIONAL SERVICES AGREEMENT April 2, 2007 If to Client: Weld County Planning Department Attn: Brad Mueller 918 10th Street Greeley, CO 80631 If to Consultant: Clear Water Solutions, Inc. Attn: Steve Nguyen, P.E. 13228 Shadow Canyon Trail Broomfield, CO 80020 Any notice properly addressed and personally delivered shall be deemed to have been duly given and received upon such personal delivery, and notices properly addressed and sent by certified mail, return receipt requested, shall be deemed to have been duly given and received seventy-two hours after they are deposited in the mail, postage prepaid. Any party may change its address for purposes of this Agreement by giving notice to the other party as provided herein. Dispute Resolution In the event a dispute arises relating to the execution of services under the Agreement, both Client and Consultant shall convene to resolve the dispute in a way that is mutually agreed to by both parties. If such a dispute is not resolved, the Client and Consultant agree to proceed in good faith to submit the matter for Mediation. The Client and Consultant shall jointly appoint an acceptable mediator and will share equally in the cost of such Mediation. In the event it becomes necessary for either party to enforce any provision(s) of this Agreement through litigation, the prevailing party in such litigation shall be entitled to collect, as part of any judgment entered, its reasonable expert witness, consultant, attorney fees and cost in connection with the litigation, arbitration, mediation, and/or administrative proceedings. Attorney's fees and expenses shall, for the purpose of the Agreement, include all paralegal, electronic research, legal specialists and all other costs in connection with the performance of the prevailing party's attorneys. Termination of Services This Agreement may be terminated by either party upon not less than thirty days (30) written notice should the other party fail substantially to perform in accordance with the spirit of this Agreement through no fault of the party initiating the termination. In the event of termination, the Client shall pay the Consultant for all services rendered through the date of termination, together with reimbursable expenses then due and other reasonable termination expenses. Clear Water Solutions, Inc. Professional Services Agreement Weld County Planning—Pioneer Communities Review 4 PROFESSIONAL SERVICES AGREEMENT April 2, 2007 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the day and year first above written. Clear Water Solutions, Inc. By Steve Nguyen, President Weld County Planning Department By 7 Dave Long, Chair— Board o o ty Commissioners 04/04/2007 ATTEST: /Lehi E1/4� WELD COUNTY CLERK TO THE :jAR BY: eQ ■ 1861 `1�'r t _ l 1C/22,17 ■1 ►'" ` I DEPUTY CLERK TO THE BCA7? O.-1‘ ' ATTESTING TO BOARD OF COUNTY `' r" COMMISSIONER SIGNATURES ONLY :�� `:7:1 �' Clear Water Solutions, Inc. Professional Services Agreement Weld County Planning— Pioneer Communities Review 5 5y7 Hello