Cherry Creek Basin Water Quality Authority Minutes of the ...

Cherry Creek Basin Water Quality Authority Minutes of the Board of Directors

Thursday, November 18, 2021, 9:00 a.m.

In-Person: SEMSWA Virtual: Zoom 7437 S. Fairplay St. https://zoom.us/j/3039689098 Passcode: CCBWQA Centennial, CO 80112 Phone (669)900-6833 Mtg ID 3039689098# Passcode: #542117 Board Members Present: Abe Laydon, Douglas County (zoom) Bahman Hatami, Governor’s Appointee (zoom) Bill Ruzzo, Vice Chairman, Governor’s Appointee, Acting Co-Manager Caryn Johnson, Town of Castle Rock (zoom) Christopher Lewis, Governor’s Appointee Judy Hilton, City of Greenwood Village (zoom) John McCarty, Secretary, Governor’s Appointee, Acting Co-Manager Joshua Rivero, Chairman, Town of Parker Laura Hefta, Town of Parker (zoom) Luis Tovar, Special District Representative (zoom) Mike Anderson, City of Lone Tree Nancy Sharpe, Arapahoe County (zoom) Stephanie Piko, City of Centennial Tom Downing, Governor’s Appointee (zoom) Technical Advisory Committee (TAC) Members Present: Ashley Byerley, SEMSWA Alex Mestdag, Town of Parker (zoom) Casey Davenhill, Board Appointee, Cherry Creek Stewardship Partners David Van Dellen, City of Castle Rock Jacob James, Chairman, City of Lone Tree Jason Trujillo, Board Appointee, Cherry Creek State Park (zoom) John Erickson, Vice Chairman, Board Appointee (zoom) Ryan Adrian, Douglas County (zoom) Rick Goncalves, Board Appointee Sherry Scaggiari, City of Aurora (zoom) Others Present: Alan Leak, RESPEC Andrea Bronson, Davis Grahm and Stubbs (zoom) Carolyn Nobel, LRE Water (zoom) Erin Stewart, Solitude Lake Management Jane Clary, Wright Waters Engineers (zoom) Jessica DiToro, LRE Water Joni Nuttle, CDPHE (zoom) Joshua Giovannetti, CDOT (zoom) Meg Parish. CDPHE (zoom) Mindy May, Colorado Parks and Wildlife (zoom) Randi Johnson-Hufford, CDPHE (zoom) Richard Borchardt, R2R Engineers Tim Flynn, Collins Cockrel & Cole P.C. Tripp Minges, CDOT (zoom) Val Endyk, CCBWQA

https://zoom.us/j/3039689098

Call to Order and Pledge of Allegiance Director Rivero called the meeting to order at 9:03am. Moved item Regulation 72.7 Redlines item to before Pinery Lift Station item

Consent Agenda 1. Approval of the August, September, and October 2021 Minutes (enclosed) 2. Acceptance of the Schedule of Cash Position dated November 10, 2021 (enclosed) 3. Approval of the Unpaid Claims as of November 8, 2021 (enclosed)

Director Ruzzo moved to remove the Unpaid Claims only for the purpose of further discussion as to Chuck Reid’s reimbursement request in the amount of $10,284.88. Director Anderson seconded. Motion carried. Director Anderson moved to approve the Minutes and Cash Position. Director McCarty seconded. The motion carried. Discussion regarding Chuck Reid’s reimbursement request. Director Ruzzo related to the Board what he and Director McCarty did to review Mr. Reid’s reimbursement request including an in-person meeting with Mr. Reid. In summary, the recommendation of both was that of the $10,284.88 being requested, only $979.49 be paid to Mr. Reid. Director Ruzzo then moved to approve all of the unpaid claims but only $979.49 of the claims submitted by Mr. Reid. Director Anderson seconded. The motion carried.

Discussion, Direction and/or Action

1. Adopt Resolution 2021-11-1 Setting Rates and Charges for 2022 Budget (enclosed)

The 2022 budget is based upon the same rates that were in effect in 2021, no changes. Resolution 2021-11-1 reaffirms those rates, including the discontinuation of the Authority’s previously adopted land use disturbance fee. Discussion included:

● The land use disturbance fee is no longer necessary because it duplicates fees and services provided by other entities and collected as part of the building permit. The land use disturbance fee was established prior to entities developing their own erosion control programs and associated fees for inspections. Entities regulate all land disturbance down to 500sf.

● State Parks pass to be included with CO vehicle registration automatically (with opt-out option) in 2022 keep Colorado Wild Pass. Passes will also be sold the same way at regular rates.

● Jason Trujillo requested that CCBWQA work with CPW to update the water quality state parks fee, prior to 2022 changes becoming effective.

Director Sharpe made a motion to approve resolution 2021-11-01. Director Tovar seconded. Director Lewis opposed the motion. The motion carried.

2. Conduct Public Hearing on and Adopt 2022 Budget (Budget and Resolutions enclosed)

The public hearing opened at 9:25am. Legal counsel noted that notice of the budget hearing was duly published as required by the Colorado Local Government Budget Law and the Board had authority to open the public hearing. The Chair then opened the public hearing on the 2022 budget. The 2022 budget is based on all projects and work to be completed in 2022. The Chair closed the public hearing at 9:29 am.

A motion was made to approve the 2022 budget, as amended to remove certain typographical errors in the headings that were in the draft budget. Director Mc Carty moved to approve the budget Resolution 2021-11-02 (as amended). Director Piko seconded. The motion carried.

Resolution 2021-11-03 Appropriates the funds for the 2022 budget year. Director Sharpe moved to pass the resolution. Seconded by Director Anderson. Motion carried.

Resolution 2021-11-04 certifying a property tax Mill Levy Certifies 0.477 mills after a temporary mill levy reduction of 0.023 mills to comply with the Authority’s TABOR revenue limitations. Based upon the Authority’s preliminary assessed valuation the Authority’s projected property tax revenues in 2022 will be $2,652,416 subject to adjustment based upon the receipt of the final assessed valuation for the Authority. Because the AUthority’s mill levy for tax year 2021 (for collection in 2022) is changing, a motion was made by Director Piko that the elected officials approve the mill levy certification. The motion was seconded by Director Johnson. Motion carried unanimously. CCBWQA Board: Director Piko then moved that the Authority Board as a whole vote to approve the 2022 budget. The motion was seconded by Director McCarty. Motion carried unanimously.

3. MS4 Group Proposal on Section 72.7

At the October Board meeting the Board requested that Wright Water Engineers ( WWE) and Davis Graham & Stubbs (DGS) review the subcommittees redlines to CR72 section 7 and bring recommendations to the November Board meeting.

a. Legal Counsel Report Andrea Bronson (DGS)

The legal review conducted by Zach Miller and Andrea Bronson raised concerns with respect to incorporating by reference other regulations and the MS4 permits Bronson stated that CR72 should maintain its own baseline of protectiveness, and cross referencing makes it more difficult to review the regulation and creates issues as to the enforceability of the regulation in the future. Ms Bronson agrees with WWE’s recommendation of deleting the lists of static BMPs from CR72.

b. Wright Water Engineers - Independent Review Jane Clary (included) WWE participated in a number of meetings with the MS4 group, DGS, CCBWQA consultants, CPW, and Authority Co-Managers over the course of the last couple of weeks to discuss the redlines. In WWE’s opinion the proposed changes range from neutral-to-positive, relative to improving water quality protection, and simplify administrative aspects of implementing the regulation. The redlines would improve consistency with the MS4 permits ensuring that they are clear, specific and measurable, and help to reduce conflicts and confusion. Tier 3 alignment is appropriate and the tier structure modification is so minimal that the simplification is more beneficial than the limited projects that may be affected by the change. CPW has requested that no changes be made to the stream preservation section at this time, as they need more time to understand the implications of the proposed redlines to this section of the CR. WWE believes that the redlines to the stream preservation section provide opportunities, but can be proposed at the full RMH in 2023 after CPW has had sufficient time to review them. WWE recommended that 72.3 be reviewed and updated from concentration-based to load-based at the 2023 RMH because the redlines in 72.7 move beyond concentration approach and focus on load infiltration which is a beneficial modern approach. Board discussion included:

● Mr James expressed concern that the formal process of bringing WWE’s redlines to the TAC for approval and recommendation to the Board has not been followed and that the redlines should go back through the subcommittee/TAC before any Board approval occurs. Additionally, more discussion is needed for incorporation by reference issues raised by DGS.

● Should the CCBWQA be the sole proponent for the proposal or a co-proponent with the MS4 group?

● Options for Next Steps: ○ Move forward with redlines as drafted by WWE; ○ Push all changes out to the full RMH in 2023 and cancel the 2022 limited scope RMH; or ○ Allow MS4s to review redlines between now and December 7th due date. WWE and

DGS would work with the MS4s during this review effort. The MS4s would then bring

forward a final version of the redlines and if it contains no significant changes from WWE’s version, then it can be submitted on December 7th. Then a Board member committee consisting of Directors Rivero and Lewis would make the decision on the redlines recommended by the TAC regarding “significant changes” and if the proposal can be submitted by CCBWQA. Directors Ruzzo and McCarty would be present for the committee, but would not get to vote on the redlines.

● The issue of anti backsliding was discussed.

Director McCarty moved that the Board approve CCBWQA be the proponent for the limited scope CR72.7 RMH and for the redlines prepared by WWE to be submitted to the WQCC on December 7th, but between now (November 18th Board meeting) and the December 7th due date, the MS4s will work through the TAC to weigh in on WWE’s redlines and create a final redline to bring to the TAC. If the MS4s/TAC bring forward a final redline in which revisions to WWE’s version of the redlines are not substantive (doesn’t change DGS’ and WWE’s opinions on protection of water quality) and with concurrence from Board sub-committee (of Chairman Rivero and Director Lewis) then those changes will be allowed to remain in the redlines that will be submitted on December 7th to the WQCC. Director Piko seconded. The motion carried. The motion was unanimously approved.

4. Pinery Lift Station Site Application Review (enclosed, Goncalves) Director Ruzzo explained that the CCBWQA’s response to the site application has been delayed in the process so it would be ideal to respond as soon as possible.

Mr. Goncalves presented a summary of the application and resolutions requested. Everything was addressed with the exception of the IGA which is a key condition to the Authority’s approval.

Director Tovar stated that the site is a lift station to be built by a developer with maintenance and operation to be provided by a district. The Pinery is not the operator but has been working with the developer and has provided options to avoid the construction of this lift station. The site is within the service area of the Pinery and the water will end up there. Option was provided to exchange treatment with Parker and the Pinery but the developer chose a simpler option. Request is a recommendation for approval.

Director Johnson stated that Castle Rock reviewed it as well and although storage did meet capacity, overall they believed it did not meet standards. Mr. Goncalves restated that his review supported that the applicant demonstrated the ability to meet standards, maintain and operate the site sufficiently. Alan Leak suggested making a motion to write a letter of recommendation to approve once the conditions were met but that the state considers consolidation analysis and alternatives are considered Recommend approval if the state believes the design is adequate and IGA is completed.

Director Lewis made the motion. Director Ruzzo seconded. Director Johnson opposed the motion. The motion carried.

5. Consultant Contracts postponed until December meeting

6. Board Member Items postponed until December meeting Updates postponed until December meeting

A motion was made and seconded to go into Executive Session pursuant to Section 24-6-402(4)(f) and (b) C.R.S., for purposes of personnel and management matters and advice from legal counsel with respect to such matters. The motion was unanimously adopted and at approximately 11:24 a.m. the Board went into

Executive Session. Present during the Executive SEssion were the Board members and legal counsel. At approximately 12:07 p.m. the Board returned to open public meeting. Directors Ruzzo and McCarty stated for the record that they would bring a recommendation as to the Authority’s future management structure to the Board at it’s December meeting.

Adjournment: The meeting was adjourned immediately thereafter at approximately 12:07 p.m.

General Pollution

Abatement EnterpriseFund Fund Fund Total

1st Bank - Checking AccountBalance as of 09/30/2021 83,828.19$ 45,609.25$ 14,245.47$ 143,682.91$

Subsequent activities:10/14/21 ADP Payroll (2,583.60) (3,875.40) - (6,459.00) 10/14/21 CEBT Empl Bene pymnt (335.14) (502.69) - (837.83) 10/14/21 UI Insurance Payment (27.69) (41.53) - (69.22) 10/20/21 Transfer from CT to cover bills 100,000.00 340,000.00 10,000.00 450,000.00 10/20/21 XCELenergy - (9,643.10) - (9,643.10) 10/28/21 ADP Payroll (2,583.60) (3,875.40) - (6,459.00) 10/28/21 Verizon (51.34) - - (51.34) 10/30/21 Bill.com Payments (79,230.60) (320,689.05) (3,764.00) (403,683.65) 10/31/21 Interest Income 2.73 - - 2.73 11/09/21 Transfer from CT to cover bills 75,000.00 25,000.00 - 100,000.00 11/14/21 CEBT Empl Bene pymnt (335.14) (502.69) - (837.83) 11/15/21 ADP Payroll 11/15 (2,583.60) (3,875.40) - (6,459.00) 11/15/21 Verizon + XCEL Payments NOV (51.34) (993.56) - (1,044.90) 11/30/21 Bill.com Payments (54,898.32) (36,686.34) - (91,584.66) 11/30/21 Transfer from CT to cover bills 15,000.00 135,000.00 - 150,000.00 11/30/21 Interest Income 1.86 - - 1.86 11/30/21 ADP Payroll 11/28 (2,583.60) (3,875.40) - (6,459.00) 12/01/21 ADP Payroll Termination (9,659.20) (14,488.80) - (24,148.00) 12/01/21 ADP Payroll Termination (7,316.98) (10,975.48) - (18,292.46) 12/06/21 Bill.com Payments (9,672.58) - - (9,672.58) 12/07/21 Bill.com Payments (24,188.94) - - (24,188.94)

Anticipated ActivitiesTransfer from CT to cover bills 50,000.00 180,000.00 - 230,000.00 Bill.com - December AP (51,293.90) (276,103.60) - (327,397.50) Verizon+Xcel DEC Estimated (51.55) (950.00) - (1,001.55)

Anticipated balance 76,385.66$ 38,530.81$ 20,481.47$ 135,397.94$

ColoTrust General - (8001)Balance as of 09/30/2021 811,002.78$ 3,595,705.29$ 1,336,475.34$ 5,743,183.41$

Subsequent activities: - 10/09/21 Arapahoe County Treasurer SEPT 7,246.73 - - 7,246.73 10/09/21 Douglas County Treasurer SEPT 12,947.68 - - 12,947.68 10/09/21 Interest Income 78.32 - - 78.32 10/19/21 Oct Transfer to 1st Bank for bills (100,000.00) (340,000.00) (10,000.00) (450,000.00) 10/30/21 Permits and Fees - OCT Deposits - - 75,650.59 75,650.59 10/31/21 Allocation of 60% of REV to PAF Corr (12,163.64) 57,553.99 (45,390.35) - 11/09/21 Arapahoe County Treasurer OCT 6,776.44 6,776.44 11/09/21 Douglas County Treasurer OCT 14,165.31 14,165.31 11/09/21 Nov Transfer to 1st Bank for bills (75,000.00) (25,000.00) - (100,000.00) 11/30/21 Nov Transfer to 1st Bank for termination (15,000.00) (135,000.00) - (150,000.00) 11/30/21 Permits and Fees - NOV Deposits - - 55,998.04 55,998.04 11/30/21 Interest Income 117.07 - - 117.07 11/30/21 Allocation of 60% of REV to PAF Corr (12,635.29) 46,234.11 (33,598.82) -

Anticipated activitiesPtax Arapahoe Cty NOV 8520.14 - - 8,520.14 Ptax Douglas Cty NOV 12959.85 - - 12,959.85

Transfer to 1ST Bank to cover bills (50,000.00) (180,000.00) - (230,000.00) Anticipated balance 609,015.39$ 3,019,493.39$ 1,379,134.80$ 5,007,643.58$

ColoTrust Pollution Abatement - (8002)Balance as of 09/30/2021 -$ 53,460.22$ -$ 53,460.22$

Subsequent activities: 10/31/21 Interest Income - 0.75 - 0.75 11/30/21 Interest Income - 1.20 - 1.20

Anticipated balance -$ 53,462.17$ -$ 53,462.17$

CSAFE - Savings AccountBalance as of 09/30/2021 859,161.30$ 42,246.04$ 334,638.56$ 1,236,045.90$

Subsequent activities: 10/31/21 Interest Income - - 13.31 13.31 11/30/21 Interest Income - - 15.88 15.88

Anticipated balance 859,161.30$ 42,246.04$ 334,667.75$ 1,236,075.09$

Total funds available as of date above 1,544,562.35$ 3,153,732.41$ 1,734,284.02$ 6,432,578.78$

Current monthly yield (as of 11/30/2021) 1st Bank - 0.010% ColoTrust Plus - 0.0266%CSAFE - 0.020%

CHERRY CREEK BASIN WATER QUALITY AUTHORITYSchedule of Cash Position

September 30, 2021as of December 10, 2021

Process Date Vendor Invoice Number Payment Reference Reference Ck Amount

11/23/2021 Davis Graham & Stubbs LLP 815575 P21112001 ‐ 6808977 EFT (6,788.00) 11/23/2021 Davis Graham & Stubbs LLP 824385 P21112001 ‐ 6808672 EFT (3,832.50) 11/22/2021 CliftonLarsonAllen LLP Multiple P21112001 ‐ 6808659 EFT (11,383.35) 11/23/2021 CH2M Hill ‐ Jacobs Engineering D3150300‐027 P21112001 ‐ 6808668 58517646 (5,729.15) 11/23/2021 Collins, Cockrel & Cole, PC 5010M‐SEPT21 P21112001 ‐ 6808670 EFT (14,707.10) 11/23/2021 Hughes & Stuart Marketing 2021054 P21112001 ‐ 6808674 58516537 (3,534.00) 11/23/2021 Leonard Rice Engineers, Inc. 18181 P21112001 ‐ 6808676 58563701 (14,017.75) 11/23/2021 Muller Engineering Company Multiple P21112001 ‐ 6808662 58512774 (4,464.50) 11/23/2021 R2R Engineers, Inc. 2021‐22 P21112001 ‐ 6808678 EFT (18,021.74) 11/23/2021 RESPEC Multiple P21112001 ‐ 6808665 58520623 (2,722.50) 11/23/2021 RG and Associates LLC 151811 P21112001 ‐ 6808680 58513512 (998.33) 11/23/2021 Val Endyk 21‐Oct P21112001 ‐ 6808682 58513138 (4,406.25) 11/30/2021 Chuck Reid CRExpRep08‐2021 P21112901 ‐ 8362755 EFT (979.49) 12/6/2021 Solitude Lake Management LLC PI‐A00697476 P21120501 ‐ 0332690 EFT (24,188.94) 12/7/2021 CO Special Dist Prop & Liab POL‐0009808 P21120501 ‐ 0332684 58858114 (526.00) 12/7/2021 Muller Engineering Company Multiple P21120501 ‐ 0332680 58852576 (5,245.75) 12/7/2021 Pinpoint Systems Inc. 9316 P21120501 ‐ 0332686 58855367 (180.00) 12/7/2021 RG and Associates LLC 151869 P21120501 ‐ 0332688 58858196 (3,720.83)

Total Paid (125,446.18)

OTHER CLAIMS PAID

Process Date Vendor Invoice Number Payment Reference Reference Ck Amount

12/1/2021 Chuck Reid ADP ADP Tax EFT (18,292.46) 12/1/2021 Chuck Reid ADP ADP Wage Pay EFT (24,148.00)

Total Paid (42,440.46)

Grand Total (167,886.64)

Paid Claims From 11/1/2021 through 12/10/21

Cherry Creek Basin Water Quality Authority

SUMMARY - ARAPAHOE & DOUGLAS COUNTIES

Delinquent Tax, Specific Total TotalProperty Rebates and Ownership Treasurer's Amount Amount

Taxes Abatements Taxes Interest Fees Received Monthly Y-T-D Received Monthly Y-T-D

January 63,136.77$ (691.23)$ 17,226.74$ (73.69)$ (936.64)$ 78,661.95$ 2.57% 2.57% 68,674.86$ 2.37% 2.37%February 791,691.89 (47.91) 13,983.92 3.42 (11,874.61) 793,756.71 32.53% 35.09% 776,862.31 34.61% 36.98%March 233,293.91 1.00 20,760.83 (373.71) (3,493.59) 250,188.44 9.59% 44.68% 170,536.96 7.16% 44.13%April 423,240.29 38.46 17,588.67 46.91 (6,350.04) 434,564.29 17.39% 62.07% 372,506.66 16.42% 60.55%May 175,156.03 (32.63) 15,749.47 (220.22) (2,623.55) 188,029.10 7.20% 69.26% 184,171.66 7.77% 68.32%June 682,140.02 (20.04) 19,957.26 295.02 (10,235.70) 692,136.56 28.03% 97.29% 651,186.78 28.79% 97.11%July 26,727.99 10.62 17,935.49 713.61 (411.03) 44,976.68 1.10% 98.39% 45,366.14 1.19% 98.30%August 13,221.79 (253.87) 16,877.47 516.14 (202.15) 30,159.38 0.53% 98.92% 25,219.92 0.43% 98.73%September 2,238.44 22.63 17,847.44 121.36 (35.46) 20,194.41 0.09% 99.01% 21,057.96 0.17% 98.91%October 3,310.27 47.18 17,474.55 162.61 (52.86) 20,941.75 0.14% 99.15% 19,112.86 0.10% 99.00%November 4,271.55 49.50 16,905.87 322.80 (69.73) 21,479.99 0.18% 99.33% 24,109.48 0.37% 99.38%December - - - - - - 0.00% 99.33% 13,666.86 -0.04% 99.33%

TOTAL 2,418,428.95$ (876.29)$ 192,307.71$ 1,514.25$ (36,285.36)$ 2,575,089.26$ 99.33% 99.33% 2,372,472.45$ 99.33% 99.33%

Taxes Levied % of Levied Property Taxes

Collected % Collected to Amount Levied

Property TaxGeneral Fund - Arapahoe 1,057,260$ 43.44% 1,041,279.93$ 98.49%General Fund - Douglas 1,376,691 56.56% 1,376,272.73 99.97%

2,433,951$ 100.00% 2,417,552.66$ 99.33%

Specific Ownership TaxGeneral Fund 184,143$ 100.00% 192,307.71$ 104.43%

184,143$ 100.00% 192,307.71$ 104.43%

Treasurer's FeesGeneral Fund 36,509$ 100.00% 36,285.36$ 99.39%

36,509$ 100.00% 36,285.36$ 99.39%

% of Levied % of Levied

CHERRY CREEK BASIN WATER QUALITY AUTHORITYProperty Tax Schedule

2021

Current Year Prior Year

Taxes Received Taxes Received

Arapahoe County



January 23,782.89$ -$ 6,670.81$ (2.71)$ (356.70)$ 30,094.29$ 2.25% 2.25% 19,738.86$ 1.43% 1.43%February 308,978.46 - 4,959.32 1.97 (4,634.71) 309,305.04 29.22% 31.47% 321,862.27 32.52% 33.95%March 129,528.57 - 7,058.47 (393.49) (1,937.03) 134,256.52 12.25% 43.73% 95,776.70 9.31% 43.26%April 188,413.00 - 5,944.70 20.81 (2,826.51) 191,552.00 17.82% 61.55% 163,433.33 16.47% 59.73%May 65,349.51 - 5,387.57 (284.93) (975.97) 69,476.18 6.18% 67.73% 72,113.73 6.91% 66.64%June 306,005.45 - 6,151.01 118.07 (4,591.85) 307,682.68 28.94% 96.67% 301,454.19 30.38% 97.02%July 11,034.16 - 6,503.18 276.44 (169.66) 17,644.12 1.04% 97.71% 18,092.84 1.07% 98.08%August 4,231.02 - 5,839.02 184.99 (66.24) 10,188.79 0.40% 98.11% 10,593.87 0.48% 98.56%September 604.80 - 6,624.39 27.02 (9.48) 7,246.73 0.06% 98.17% 9,268.39 0.25% 98.81%October 948.34 - 5,816.57 26.15 (14.62) 6,776.44 0.09% 98.26% 7,947.20 0.08% 98.88%November 2,403.73 - 5,963.64 191.70 (38.93) 8,520.14 0.23% 98.49% 9,231.62 0.37% 99.25%December - 0.00% 98.49% 3,923.76 -0.08% 99.17%

1,041,279.93$ -$ 66,918.68$ 166.02$ (15,621.70)$ 1,092,742.93$ 98.49% 98.49% 1,033,436.76$ 99.17% 99.17%

1,041,279.93 Douglas County



January 39,353.88$ (691.23)$ 10,555.93$ (70.98)$ (579.94)$ 48,567.66$ 2.81% 2.81% 48,936.00$ 3.11% 3.11%February 482,713.43 (47.91) 9,024.60 1.45 (7,239.90) 484,451.67 35.06% 37.87% 455,000.04 36.24% 39.35%March 103,765.34 1.00 13,702.36 19.78 (1,556.56) 115,931.92 7.54% 45.41% 74,760.26 5.46% 44.81%April 234,827.29 38.46 11,643.97 26.10 (3,523.53) 243,012.29 17.06% 62.47% 209,073.33 16.38% 61.19%May 109,806.52 (32.63) 10,361.90 64.71 (1,647.58) 118,552.92 7.97% 70.44% 112,057.93 8.45% 69.64%June 376,134.57 (20.04) 13,806.25 176.95 (5,643.85) 384,453.88 27.32% 97.76% 349,732.59 27.54% 97.18%July 15,693.83 10.62 11,432.31 437.17 (241.37) 27,332.56 1.14% 98.90% 27,273.30 1.29% 98.47%August 8,990.77 (253.87) 11,038.45 331.15 (135.91) 19,970.59 0.63% 99.54% 14,626.05 0.40% 98.87%September 1,633.64 22.63 11,223.05 94.34 (25.98) 12,947.68 0.12% 99.66% 11,789.57 0.12% 98.98%October 2,361.93 47.18 11,657.98 136.46 (38.24) 14,165.31 0.17% 99.83% 11,165.66 0.12% 99.10%November 1,867.82 49.50 10,942.23 131.10 (30.80) 12,959.85 0.14% 99.97% 14,877.86 0.37% 99.47%December - 0.00% 99.97% 9,743.10 -0.01% 99.46%

1,377,149.02$ (876.29)$ 125,389.03$ 1,348.23$ (20,663.66)$ 1,482,346.33$ 99.97% 99.97% 1,339,035.69$ 99.46% 99.46%

1,376,272.73

Current Year Prior Year% of Levied % of Levied



Current Year Prior Year% of Levied % of Levied

Index # Date Vendor Invoice # Account Amount

1 11/19/21 Cherry Creek Stewardship Partner 202105 107030 ‐ CC Stewardship Partners 21,000.00 2 10/31/21 Dell Marketing LP 10524969547 107480 ‐ Miscellaneous (Comp) 1,718.34 3 10/31/21 Val Endyk 21‐Nov 107445 ‐ TAC coordination 2,512.50 4 12/01/21 Orkin 221561173 107480 ‐ Miscellaneous (Comp) 76.90 5 11/17/21 Davis Graham & Stubbs LLP 825768 107050 ‐ WQCC regulation hearings 1,668.50 6 11/12/21 ERO Resources Corporation 98234 107501 ‐ Monitoring ‐ Reservoir 390.00 7 10/31/21 Solitude Lake Management LLC PI‐A00714835 107500/107501/107502/107505 22,397.29 8 12/01/21 Leonard Rice Engineers, Inc. 18439 107543 ‐ Data Management 25,646.00 9 10/31/21 R2R Engineers, Inc. 2021‐24 117440 ‐ Management/administration 21,856.10 10 09/09/21 Muller Engineering Company 33107 117720 ‐ PAPS ‐ Reservoir to 12‐Mile Park Study 3,495.50 11 10/31/21 RESPEC INV‐1021‐463 117721 ‐ PAPS ‐ Undesignated 500.00 12 11/19/21 Hydros Consulting Inc 490‐009 117721 PAPS Undesignated 252.00 13 11/30/21 Mile Hign Flood District 2788 117887 ‐ Happy Canyon ‐ The I25 Upstream 250,000.00

Total : 351,513.13$

Total Unpaid Claims by Fund

General Fund 75,409.53 Pollution Abatement Fund 276,103.60

Enterprise Fund ‐ Total : 351,513.13$


Unpaid Claims as of 12/10/2021

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CONSULTANT AGREEMENT

FOR

TECHNICAL, REGULATORY, AND MONITORING CONSULTING SERVICES

THIS CONSULTANT AGREEMENT FOR TECHNICAL, REGULATORY,AND MONITORING CONSULTING SERVICES (“Agreement”) is entered into as of the______ day of _________, 2021, to be effective as of January 1, 2022, between theCHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipalcorporation and political subdivision of the State of Colorado (“Authority”), whose addressis P.O. Box 3166, Centennial, Colorado 80161, and LRE WATER, a Colorado corporation(“Consultant”) whose address is 1221 Auraria Parkway, Denver, Colorado 80204. Consultantand Authority may hereinafter singularly be referred to as a “Party” and collectively as the“Parties.”

RECITALS

WHEREAS, the Authority was established for the purpose of preserving andprotecting the water quality in the Cherry Creek Reservoir (“Reservoir”) and the CherryCreek Watershed (“Watershed”); and

WHEREAS, in furtherance of its purposes, the Authority has retained and continuesto retain, from time to time, numerous technical consultants; and

WHEREAS, Authority desires to receive Reservoir and Watershed technical andregulatory consulting services (“Watershed Consulting”) from Consultant for calendar year2022 in accordance with the terms and conditions of this Agreement; and

WHEREAS, Authority also desires to receive Reservoir and Watershed water qualitymonitoring, sampling, laboratory and technical consulting support services (“MonitoringConsulting”) from Consultant for calendar year 2022 in accordance with the terms andconditions of this Agreement; and

WHEREAS, in prior years, Authority received Monitoring Consulting services fromSolitude Lake Management (“SLM”), but for 2022 desires to receive both WatershedConsulting and Monitoring Consulting services from Consultant; and

WHEREAS, Consultant represents that it has the personnel and expertise necessaryto perform such services for Authority in a competent and timely manner.

NOW, THEREFORE, in consideration of the promises set forth herein, Authorityand Consultant agree as follows:

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1. Scope of Services. Consultant agrees to perform and provide WatershedConsulting services consisting of Tasks W1 through W7, and Monitoring Consulting servicesconsisting of Tasks M1 through M7, in accordance with this Agreement as described in theScope of Services, attached hereto as Exhibit A (consisting of 15 pages) includingfinalization of the 2021 Reservoir Sediment Sampling Analysis initiated in 2021 by SLM,but not completed due to laboratory delays as more particularly described in Exhibit A-1,attached hereto (consisting of 1 page). Both Exhibits A and A-1 are incorporated herein bythis reference which together with all necessary labor, materials, scheduling, procurementand such related work and services may be necessary and reasonably inferable from the Scopeof Services to complete the totality of the obligations imposed upon Consultant by thisAgreement (collectively the “Services”). The Services will be performed in accordance withthis Agreement and the Scope of Services; provided, however, that in the event of a conflictbetween the terms and provisions of the Scope of Services and the text of this Agreement,the text of this Agreement shall control. Notwithstanding any other provision containedherein to the contrary, the Services identified under the heading: “Optional Tasks” on page 1of the Scope of Services (“Optional Services”) will be performed only if authorized in writingby Authority’s Manager.

2. Notice to Proceed. Provided Authority has received satisfactory Certificatesof Insurance as required by paragraph 16 below, Consultant is authorized to provide theServices; except that Consultant will not perform any Task identified in the Scope of Servicesas Optional Services, or as requiring prior approval, until Consultant receives specific writtendirection from the Authority directing Consultant to proceed with such Task.

3. Completion Date. Consultant shall give this Agreement and the Services to beperformed hereunder such priority as is necessary to cause the Services to be timely andpromptly performed in accordance with the time periods contemplated or expressly providedfor in the Scope of Services. At any time during the Term of this Agreement Authority mayrequest and Consultant shall, within twenty (20) days of such request, submit for Authority’sapproval a written schedule for the completion of the various Tasks which comprise theServices. Unless delayed by acts or the failure to act of Authority or other causes beyond thecontrol of Consultant, and without extending any deadline established elsewhere in thisAgreement or otherwise, all Services required under this Agreement shall be entirelycompleted to Authority’s reasonable satisfaction and all deliverables as set forth in the Scopeof Services shall be delivered to Authority no later than December 31, 2022.

3.1 Deliverables. Without in anyway limiting the deliverables as describedin the Scope of Services, Consultant shall provide the Authority with an electronic and up tofive hard copies of all final product documents and reports prepared by Consultant pursuantto this Agreement. In addition, all deliverables shall comply with such reasonablerequirements as the Authority’s Manager may establish from time to time provided thoserequirements are communicated in writing to Consultant no later than twenty (20) daysfollowing the execution of this Agreement by both Parties.

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4. Responsibility for Services. The Authority shall not supervise the work ofConsultant or instruct the Consultant on how to perform the Services. Consultant shall befully responsible for the professional quality, technical accuracy, timely completion andcoordination of Services including all work and reports that are a part thereof, whether suchwork is performed directly by Consultant or by any subconsultant or subcontractor hired byConsultant and approved Authority in accordance with Paragraph 12 below. Withoutadditional compensation and without limiting Authority’s remedies, Consultant shallpromptly remedy and correct any errors, omissions, or other deficiencies in the Services.Consultant warrants that all Services provided under this Agreement shall be performed withcompetence and in accordance with the standard of care of Consultant’s profession prevailingin Colorado.

5. Compensation. Authority shall compensate Consultant in accordance withConsultant’s hourly rates and reimbursable costs as set forth on Exhibit B (consisting of 1page) attached hereto and incorporated herein by this reference; provided, however, that thetotal amount of compensation that Consultant shall receive under this Agreement for theperformance of Watershed Consulting services, shall not exceed $229,400, without theexpress written consent of the Authority. The total amount of compensation that Consultantshall receive for Monitoring Consulting services shall not exceed $299,200 which includes$9,200 for finalization of the 2021 Reservoir Sediment Sampling Analysis, without theexpress written consent of the Authority. Total compensation that Consultant may receiveunder this Agreement, excluding Optional Services shall not exceed $528,600, without theAuthority’s prior express written consent. Said compensation includes the compensation andcosts for Consultant’s approved subcontractors, pursuant to paragraph 12 below. IfConsultant is requested to perform any work that is outside the Scope of Services as definedherein, or that will cause the estimated time to perform any work that is part of the Servicesto be increased, Consultant will immediately notify Authority in writing and will not performsuch work until authorized to do so in writing by the Authority’s representative.

The compensation to be paid Consultant under this Agreement is entire and completeand includes any and all reimbursable costs as set forth, and only as set forth on Exhibit B.Consultant further represents and agrees that the reimbursable costs to Authority togetherwith any approved subconsultant or approved subcontractor costs are at Consultant’s actualcost and do not include any additional mark-up whatsoever. It is understood and agreed thatConsultant will contract with and pay directly all approved subconsultants or approvedsubcontractors retained by Consultant for the performance of any Services or portion thereof.

5.1 Rates and Employee Categories. The Scope of Services sets forth theestimated staffing hours for each Task and the category of Consultant’s employees that areexpected to perform Services under this Agreement. Exhibit B (consisting of 1 page) setsforth the hourly rates for each category of Consultant’s employee that will be performingServices under this Agreement. Consultant agrees that all labor performed hereunder shall beperformed for an hourly rate and by the category of the employee as identified in the Scopeof Services and Exhibit B, except that if any Services are performed by an employee whose

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hourly rate is less than the rate described in Exhibit B, Authority shall be charged the lesserrate. Further, should any employee’s job category or classification change during the term ofthis Agreement, that change shall not in any way affect or modify the employee’s billing rateunder this Agreement unless the billing rate has been reduced as a result of such jobreclassification, in which case the reduced billing rate shall be applied for purposes of theinvoices prepared and submitted to the Authority.

6. Method of Payment. Consultant shall provide an invoice each month for theServices completed for the period of the 26th of each month through the 25th of the followingmonth. Each invoice shall be submitted only for those Services actually performed duringthe period for which the invoice is submitted. Consultant shall submit with each invoice suchsupporting documentation as Authority may reasonably request. Each invoice submitted byConsultant shall constitute a representation to Authority that the Services are completed tothe point as represented in the billing invoice. Unless Consultant does not properly performthe Services, invoices will be paid within thirty (30) to forty-five (45) days after receipt.Authority shall have the right to refuse to pay all or a portion of any invoice that isinconsistent with this Agreement. Authority may delay payment until it can verify theaccuracy of an invoice, obtain releases or waivers with respect to Services covered in theinvoice, or resolve a dispute with Consultant regarding an invoice.

Notwithstanding the foregoing, Consultant’s invoice for Services performed duringthe month of December shall include all Services performed up to and including the last dayof the month.

7. Conflict of Interest. Consultant agrees that it shall notify the Authority ofpotential conflicts and determine if an informed consent agreement is acceptable between theparties. Consultant agrees that it shall not accept any employment during the term of thisAgreement that creates a conflict of interest or compromises the effectiveness of Consultantor otherwise interferes with the ability of Consultant to perform the Services required by thisAgreement.

8. Records and Audits. Consultant shall at all times maintain a system ofaccounting records in accordance with its normal billing procedures, together with supportingdocumentation for all work, purchases, Services and billings under this Agreement.Consultant shall make available for audit and reproduction by Authority all records, inwhatever form, related to the Services. Consultant shall provide such availability during theterm of this Agreement and for two (2) years after final payment. Consultant shall refund toAuthority any charges determined by Authority’s audit to be inconsistent with thisAgreement.

9. Confidentiality of Information. Except as required by law or as is necessaryfor the performance of the Services, Consultant shall retain in strictest confidence allinformation furnished by Authority and the results of any reports or studies conducted as aresult of this Agreement, along with all supporting work papers and any other substantiating

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documents. Consultant shall not disclose such information to others without the prior writtenconsent of Authority’s representative. Notwithstanding the foregoing, Consultant shall haveno confidentiality obligation with respect to information that: (i) becomes generally availableto the public other than as a result of disclosure by Consultant or its agents or employees; (ii)was available to Consultant on a nonconfidential basis prior to its disclosure by Authority;and (iii) becomes available to Consultant from a third party who is not, to the knowledge ofConsultant, bound to retain such information in confidence.

10. Ownership of Work Product and Documents. All printed materials andelectronic documents produced as a result of the Services performed under this Agreementshall become the sole property of Authority after payment to Consultant and may not be used,sold or disposed of by Consultant in any manner without prior written consent of Authority,except that Consultant my use and reproduce such materials and documents for purposessolely relating to Consultant’s performances of Services under this Agreement including butnot limited to Consultant’s archival records.

The Authority acknowledges that the Consultant’s work papers and preliminarydocuments are Consultant’s instruments of service. Nevertheless, the final documentsprepared under this Agreement shall become the property of the Authority upon completionof the Services and payment in full of all monies due to the Consultant. The Authority agrees,to the fullest extent permitted by law but without waiving any of the protections immunitiesand defenses available to Authority under the Colorado Governmental Immunity Act toindemnify and hold Consultant, its officers, directors, employees and subconsultants(collectively, the Consultant) harmless from and against any damages, liabilities or costs,including reasonable attorneys’ fees, arising out of Authority’s negligent or wrongful use ofsuch materials and final documents.

Under no circumstances shall the transfer of ownership of the Consultant’s drawings,specifications, electronic files or other instruments of service be deemed a sale by theConsultant that contains any warranties, either express or implied, of merchantability andfitness for any particular purpose.

11. Changes in Services. Authority and, in particular, the Authority’s managershall have the right to order additions, deletions or changes in the Services at any time andfor any reason, but especially for purposes of improving coordination between theAuthority’s consultants and eliminating the duplication of Services. Requests for materialchanges in the Services may be made by Authority’s representative orally or in writing;provided, however, that oral requests shall be confirmed by a written request within ten (10)days after the oral request. If Authority directs Consultant to proceed with a material change,Consultant shall be paid for the change as agreed to by the Parties.

12. Approval of Subconsultants. Consultant shall not employ any subconsultantor subcontractor without the prior written approval of Authority’s representative nor shallConsultant assign any rights or obligations under this Agreement in whole or in part without

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the Authority’s prior written approval which may be withheld for any reason. Consultantshall be responsible for the coordination, accuracy and completeness of all Services inaccordance with generally accepted principles and practices of Consultant’s profession,regardless of whether the Services are performed by Consultant or one or moresubconsultants. Consultant shall endeavor to bind each of its approved subcontractors orapproved subconsultants, if any, to the terms of this Agreement. In the event that asubconsultant or subcontractor is unwilling or unable to comply with any term or provisionof this Agreement, Consultant will inform Authority of the specific term or provision at issue.Authority may accept the lack of compliance to the terms of this Agreement on the part ofthe subconsultant or subcontractor, or may request that a different subconsultant orsubcontractor be retained. This Agreement may be terminated by Authority if subcontractedor assigned, either in whole or in part, by the Consultant without the express written consentof Authority’s representative.

13. Independent Contractor. In the performance of the Services, Consultant shallbe, for all purposes, an independent contractor and not an employee or agent of Authority.Consultant and its employees and subconsultants shall in no way represent themselves tothird parties as agents or employees of Authority.

14. No Unemployment Insurance or Workers’ Compensation Benefits.Consultant agrees that it is not entitled to unemployment insurance or workers’ compensationbenefits as a result of performance of the Services for Authority. Consultant is required toprovide workers’ compensation and unemployment insurance benefits for its employeesand/or subconsultants as required by law.

15. Payment of Taxes. Consultant is solely liable for any federal, state and localincome and withholding taxes, unemployment taxes, FICA taxes and workers’ compensationpayments and premiums applicable to the performance of the Services under this Agreement.Consultant shall indemnify Authority for any liability resulting from nonpayment of suchtaxes and sums.

16. Insurance. Neither the Consultant nor any subconsultant, agent, or employeethereof shall continue work on any Services until the following minimum insurancecoverages have been obtained:

16.1 Workers’ Compensation Insurance. The Consultant and eachsubconsultant and each subcontractor, if any, shall carry workers’ compensation insurance tocover liability under the laws of the State of Colorado in connection with the Servicesperformed pursuant to this Agreement. Consultant and each subconsultant or subcontractorshall carry separate policies.

16.2 Commercial General Liability Insurance. The Consultant and eachsubconsultant and subcontractor, if any, shall carry commercial general liability insurance,which shall include blanket contractual liability coverage. Such insurance shall be in an

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amount specified in the Colorado Governmental Immunity Act, § 24-10¬101, et. seq., C.R.S.,as may be amended from time to time (currently $387,000 per person, $1,093,000 peroccurrence for bodily injury and property damage).

16.3 Automobile Liability Insurance. The Consultant and eachsubconsultant and subcontractor, if any, shall carry automobile liability insurance to includeowned, non-owned and hired vehicles used in the performance of Services under thisAgreement. Such insurance shall be in the amounts specified in the Colorado GovernmentalImmunity Act § 24-10-101, et. seq., C.R.S., as it may be amended from time to time(currently $387,000 per person, $1,093,000 per occurrence for bodily injury and propertydamage).

16.4 Professional Liability Insurance. The Consultant and eachsubconsultant and subcontractor, if any, shall carry professional liability insurance in theamount of $1,000,000 per claim and aggregate limit, unless an alternate amount is agreed toin writing by the Authority.

Prior to commencing any Services under this Agreement, Consultant shall provideAuthority a Certificate of Insurance evidencing the coverages required by this paragraph aswell as the amounts of coverage for the respective types of coverage required. The requiredcommercial general liability and automobile policies shall: (i) name the Authority as anadditional insured for coverage only, with no premium payment obligation; (ii) provide across-liability/severability of interest clause; and (iii) provide that the coverage for theAuthority will not be impaired by the Consultant’s subconsultant’s or subcontractor’s failureto comply with any of the terms or conditions of the policy.

The Consultant and each subconsultant and subcontractor, if any, shall provideCertificates of Insurance (and renewals thereof) identifying this Agreement anddemonstrating that the required coverages have been obtained. The Consultant shall not allowany subcontractor, agent or employee to commence work until appropriate Certificates ofInsurance have been obtained and approved by the Authority. The coverages specified ineach Certificate of Insurance shall not be terminated, reduced, or modified without providingat least thirty (30) prior written days’ notice to the Authority.

17. Compliance with Laws. In performing this Agreement, Consultant shallcomply with all applicable laws, rules and regulations, including but not limited to all federal,state and local laws. By way of explanation and not limitation, Consultant certifies thatConsultant shall comply with the provisions of § 8-17.5-101, et seq., C.R.S. Consultant shallnot knowingly employ or contract with a worker without authorization to perform Servicesunder this Agreement, or enter into a contract with a subconsultant or subcontractor thatknowingly employs or contracts with a worker without authorization. Consultant represents,warrants and agrees that: (i) it has confirmed the employment eligibility of all employeeswho are newly hired for employment to perform Services under this Agreement throughparticipation in either the E-Verify Program or the Department Program described in § 8-

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17.5-101, C.R.S. Consultant shall not use either the E-Verify Program or the DepartmentProgram procedures to undertake pre-employment screening of job applicants while thisAgreement is being performed. If the Consultant obtains actual knowledge that asubconsultant performing Services under this Agreement knowingly employs or contractswith a worker without authorization, the Consultant shall: (i) notify the subconsultant andAuthority within three (3) days that Consultant has actual knowledge that the subconsultantis employing or contracting with a worker without authorization; (ii) terminate thesubcontract with the subconsultant if within three (3) days of receiving such notice, thesubconsultant does not stop employing or contracting with the worker without authorization,unless the subconsultant provides information to establish that the subconsultant has notknowingly employed or contracted with a worker without authorization. Consultant shallcomply with all reasonable requests made in the course of an investigation by the ColoradoDepartment of Labor and Employment. If Consultant fails to comply with any requirementof § 8¬17.5-102(2), C.R.S., the Authority may terminate this Agreement for breach, andConsultant shall be liable for actual damages to Authority. If the Consultant participates inthe Department Program, Consultant shall provide the affirmation required under § 8- 17.5-102(5)(e)(III), C.R.S. to the Authority.

18. Communications. It is understood by Authority and Consultant that successfulprogress under this Agreement requires frequent, concise and documented communicationbetween the Party’s representatives. Authority hereby designates the Manager or theManager’s designee(s) as the person(s) who shall give information to and receive informationfrom Consultant. Authority may change its designated representative or name additionalrepresentatives from time to time. Consultant hereby designates Jessica DiToro and ErinStewart, as its representatives who will give information to and receive information fromAuthority. Consultant may change its designated representative only with the prior writtenapproval of Authority. Each designated representative shall have full authority to not onlyaccept and receive information but also to accept notices, give approvals and to fullyrepresent its respective Party for all purposes under this Agreement; except that for theConsultant all contract documents must be executed by the President or Treasurer of theConsultant.

19. Indemnification. The Consultant agrees, to the fullest extent permitted by law,to indemnify and hold harmless the Authority, its officers, directors and employees(collectively, the “Authority”) from and against any and all damages, liabilities or costs,including reasonable attorneys’ fees and defense costs, to the extent caused by theConsultant’s negligent performance of Services under this Agreement and that of itssubconsultants or anyone for whom the Consultant is legally liable.

20. Acceptance Not a Waiver. The Authority’s approval of studies, drawings,designs, plans, specifications, reports, computer programs and other work or material shallnot in any way relieve Consultant of responsibility for the technical accuracy of the Services.The Authority’s approval or acceptance of, or payment for, any Services shall not be

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construed to operate as a waiver of any rights under this Agreement, or of any cause of actionarising out of the performance of this Agreement.

21. Termination or Suspension. The Authority reserves the full right to terminateor suspend, for any reason or no reason, all or a portion of the Services under this Agreementby giving fourteen (14) days written notice to the Consultant. If any portion of the Servicesshall be terminated or suspended, the Authority shall pay the Consultant equitably for allServices properly performed pursuant to this Agreement. If the work is suspended and theConsultant is not given an order to resume work within sixty (60) days from the effectivedate of the suspension, this Agreement will be considered terminated. Upon termination, theConsultant shall immediately deliver to the Board any documents then in existence, that havebeen prepared by the Consultant pursuant to this Agreement.

22. Default. Each and every term and condition of this Agreement shall be deemedto be a material element of this Agreement. In the event either Party shall fail or refuse toperform according to the material terms of this Agreement, such Party may be declared indefault by the other Party by a written notice.

23. Remedies. In the event a Party has been declared in default, such defaultingParty shall be allowed a period of fifteen (15) days within which to correct, or commencecorrecting the default. In the event that the default has not been corrected or begun to becorrected, or the defaulting Party has ceased to pursue the correction with due diligence, theParty declaring default may elect to (i) terminate this Agreement and seek damages; (ii) treatthe Agreement as continuing and require specific performance; or (ii) avail itself of any otherremedy at law or in equity.

24. Term. Unless sooner terminated in accordance with the provisions ofparagraphs 21 and 23 above, this Agreement shall remain in effect until the Services are fullyperformed, at which time the Agreement shall terminate and be of no further force and effect,except as to those provisions which survive termination, including but not limited toparagraphs 8, 9, 10, and 19.

25. Force Majeure. The Parties shall not be responsible for any failure or delayin the performance of any obligations under this Agreement caused by acts of God, flood,fire, war or public enemy or the failure of Authority to furnish timely information or toapprove or disapprove Consultant’s instruments of service within a reasonable period of time.

26. Assignment. Subject to the provisions of paragraph 12, this Agreement shallbind and inure to the benefit of the Parties and their respective successors and assigns.

27. No Third-Party Beneficiaries. This Agreement is intended to benefit only theParties and neither subconsultants, subcontractors nor suppliers of Consultant nor any otherperson or entity is intended by the Parties to be a third-party beneficiary of this Agreement.

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28. Governing Law. This Agreement shall be governed by and construed underthe laws of the State of Colorado.

29. Notice. All notices required or given under this Agreement shall be in writing,and shall be deemed effective: (i) when delivered personally to the other Party; or (ii) seven(7) days after being deposited in the United States mail, first-class postage prepaid, properlyaddressed as follows; or (iii) when sent by facsimile transmission and receipt is confirmedby return facsimile transmission.

If to Consultant: Carolyn NobelLRE Water1221 Auraria ParkwayDenver, Colorado 80204

If to Authority: ManagerCherry Creek Basin Water Quality AuthorityP.O. Box 3166Centennial, Colorado 80161

With a copy to: Timothy J. FlynnCollins Cockrel & Cole390 Union Boulevard, Suite 400Denver, Colorado 80228-1556

Or such other persons or addresses as the Parties may designate in writing.

30. Governmental Immunity. The Parties understand and agree that theAuthority is relying upon, and has not waived, the monetary limitations of $387,000 perperson, $1,093,000 per occurrence, and all other rights, immunities and protections providedby the Colorado Governmental Immunity Act § 24-10-101 et. seq., C.R.S., as it may beamended from time to time.

31. No Multiple Fiscal Year Obligations. No provision of this Agreement shallbe construed or interpreted as creating an indebtedness or a multiple fiscal year direct orindirect debt, or other multiple year financial obligation whatsoever of Authority within themeaning of any constitutional or statutory debt limitation provision, including, withoutlimitation, Article XI, §§ 1, 2 and 6, and Article X, § 20 of the Colorado Constitution. ThisAgreement shall not directly or indirectly obligate the Authority to make any paymentsbeyond the funds legally available to it for the then current fiscal year. No provision of thisAgreement shall be construed to pledge or create a lien on any class or source of monies ofthe Authority, nor shall any provision of this Agreement restrict or limit the discretion of theAuthority in the budgeting and appropriating its funds. The Authority shall notify Consultantif funds are exhausted for any fiscal year, and Consultant may, at its discretion, decidewhether to continue providing Services to the Authority during that fiscal year.

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32. Entire Agreement. This Agreement constitutes the entire agreement betweenthe Authority and Consultant and replaces all prior written or oral agreements andunderstandings. It may be altered, amended or repealed only by a duly executed writteninstrument.

33. Effective Date. This Agreement shall become effective on the date it is signedby the appropriate representatives of the Authority.

IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicateoriginal as of the date set forth above. This Agreement must have the signature of anauthorized person of Consultant on both original copies.

AUTHORITY:

CHERRY CREEK BASIN WATERQUALITY AUTHORITY, a quasi-municipalcorporation and political subdivision of the Stateof Colorado

By:Joshua Rivero, President

CONSULTANT:

LRE WATER, a Colorado corporation

By:Carolyn Nobel, Chief Operating Officer

By execution, signer certifies that he or she is authorized to accept and bindConsultant to the terms of this Agreement.

Attest:

Mary Presecan, Chairman of the Board

EXHIBIT A

CHERRY CREEK BASIN WATER QUALITY AUTHORITY

2022 Watershed Technical and Regulatory and Monitoring Consulting Scope of Services

LRE Water (LRE) will provide Cherry Creek Basin Water Quality Authority (CCBWQA) with:

● Watershed Consulting: Watershed technical and regulatory consulting services and technical support to assist with implementation of the CCBWQA’s statutory charges, Regulation 72, and the CCBWQA’s reservoir and watershed management responsibilities (Watershed) , and

● Monitoring Consulting: Watershed and reservoir water quality monitoring service, consulting, and technical support in accordance with CCBWQA’s Routine Sampling and Analysis Plan/ Quality Assurance Project Plan

Because the Monitoring tasks were included in a different SOW in 2021 and prior years, this document is divided into Watershed Technical and Regulatory Consulting and Monitoring sections for consistency and comparability with previous years, as illustrated below:

Watershed Technical and Regulatory Consulting (W Tasks) 2 W1. CCBWQA Meetings 2 W2. Technical Services 2 W3. Annual Reporting and Presentation 5 W4. Information Management Support 6 W5. Database Modules 7 W6. Geographic Information Systems (GIS) Technical Assistance 7 W7. Limnology Services 7

Watershed and Reservoir Water Quality Monitoring Services (M Tasks) 8 M1. Reservoir Sampling and Monitoring 8 M2. Watershed Sampling and Monitoring 11 M3. Continuous Water Quality Monitoring Upgrades and Communications 12 M4. Monitoring Report and Monthly Graphical Updates 13 M5. Sampling and Analysis Plan Refinements 13 M6. Other Services 13 M7. Database Support 14

Optional Tasks 14 Optional M8. Stormwater Control Monitoring 14 Optional Authority Manager Support Contingency 14

1

Watershed Technical and Regulatory Consulting (W Tasks)

LRE Water (LRE) will provide the Cherry Creek Basin Water Quality Authority (CCBWQA) with technical and regulatory consulting services and technical support to assist with implementation of the CCBWQA’s statutory charges, Regulation 72, and the CCBWQA’s reservoir and watershed management responsibilities.

W1. CCBWQA Meetings

1.1. Board Meetings: Attend and prepare for twelve monthly meetings of the CCBWQA Board of Directors. Includes participation in monthly teleconference to discuss Board agenda items and preparation of Board packet materials.

1.2. TAC Meetings: Attend and prepare for twelve monthly meetings of the Technical Advisory Committee. Provide direction and input to the TAC on watershed and reservoir management-related issues. Includes review of TAC packet materials and other documents, and coordination with other CCBWQA consultants on TAC matters.

1.3. Board and TAC Interim committees: Attend and participate in Board and/or TAC interim committees, as assigned by the CCBWQA Manager.

1.4. Project Coordination: Coordinate with the CCBWQA Manager and, as directed, other CCBWQA consultants and internal team members, regarding watershed and reservoir management activities, by telephone, email, and meetings. This includes meetings with outside stakeholders as necessary for project coordination as well as internal task management. This assumes the CCBWQA Manager will continue to coordinate with LRE to assist with scope clarification, scope authorization, and other CCBWQA-related matters.

1.5. Consultant Selection and Assistance: Assist the CCBWQA Manager with scoping and selection of other CCBWQA consultants for work, and input to consultants, during the budget year.

W2. Technical Services

2.1. Regulatory Proceedings: This task includes limited periodic participation in routine regulatory proceedings and/or WQCD pre-hearing meetings and work group meetings, as directed by the Board or the CCBWQA Manager. This includes:

● Tracking the implementation of the Water Quality Control Division’s (WQCD) 10-Year Water Quality Roadmap, with respect to potential impacts on water quality standards in Cherry Creek and Cherry Creek Reservoir, including workgroup participation related to the nutrient table value standards that were developed in 2021 and are being considered for adoption in Cherry Creek Reservoir;

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● Participating in the limited scope Control Regulation 72 Rulemaking Hearing (RMH) that will focus on Section 72.7 “Stormwater” that is scheduled for April of 2022;

● Participating in engagement and stakeholder efforts associated with the larger all encompassing Control Regulation 72 RMH that is anticipated to be held in the second half of 2023;

● Working with the CCBWQA Consultant Team to prepare for the 2022 Special Nutrients Regulations 31 and 38 RMH to adopt standards for TP and TN for lakes and reservoirs with direct use water supplies and/or swim beaches; and

● Assisting in the development of the CCBWQA Manager’s knowledge of regulatory proceedings.

It will be the CCBWQA Manager’s or designated Board representative’s responsibility to direct time spent for preparation and participation in work group meetings and/or regulatory hearings or meetings. The regulatory portions of the 18-month timeline will also be updated periodically throughout the year, as needed.

2.2. Management Team Meetings: Prepare for and attend up to six meetings with the CCBWQA Management Team. Assist the Management Team with strategic planning initiatives to develop pollution abatement projects to achieve the statutory purpose to improve, protect, and preserve the water quality of Cherry Creek and Cherry Creek Reservoir.

2.3. Watershed Assignments: As directed by the CCBWQA Manager, LRE will implement assigned technical follow-up tasks arising from the TAC, Board and Management Team meetings, such as:

● Assisting with Technical-Focus Groups, Interim Committees, subgroups (i.e. Point Sources, Regulated Non-point sources, etc.);

● Providing follow-up or additional supporting technical information/analyses; evaluating technical project materials provided by others (e.g., water quality data/analyses) and providing input/recommendations as requested;

● Drafting and incorporating TAC and Board changes into documents; ● Assisting with prioritizing and tracking implementation tasks; ● Providing comment letters on others’ water quality control projects, and

compliance schedules, etc. as directed; and ● Coordinating with regulatory agencies and other entities (such as the

WQCD, Environmental Protection Agency (EPA), Corps of Engineers, Colorado Division of Parks and Wildlife (CPW), etc.) on efforts to improve, protect, and preserve water quality and beneficial uses.

2.4 LRE will focus these efforts on ensuring that the CCBWQA activities remain focused on improving, protecting, and preserving the water quality of Cherry

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Creek and Cherry Creek Reservoir, and on achieving and maintaining existing water quality, and identifying pollution abatement projects.

Provide technical assistance and regulatory input for continued water quality standards compliance evaluation, including continued efforts to evaluate options for achieving water quality standards compliance. All efforts shall be focused on improving, protecting, and preserving water quality in Cherry Creek and Cherry Creek Reservoir; achieving and maintaining the existing water quality standards; and protecting beneficial uses. This will include input and coordination with work of other CCBWQA consultants, CCBWQA members and entities, including CPW and WQCD to better understand the reservoir and its watershed, and how nutrients, reservoir sediments, and other water quality parameters, such as phosphorous, nitrogen, total organic carbon, pH, temperature, dissolved oxygen, a suspended sediment etc. may affect the beneficial uses and attainment of standards. This will also include assisting the CCBWQA Manager with the Colorado Lakes and Reservoirs Nutrients Criteria TAC. This could include review of documents, data analysis for consistency with recommended methodology, participation in select meetings, and/or other tasks as directed.

2.5 Assist the CCBWQA Manager in coordinating CCBWQA priority activities, to ensure focus on the CCBWQA’s mission, 2022 objectives, and continual progress toward achieving compliance with CCBWQA statutory responsibilities.

2.6 Provide assistance with continued refinement of potential nutrient loading values and impact assessment for various sources identified as priorities by the Board, TAC, and authorized committees. This may include tasks such as provision of input loading information for the watershed and reservoir model runs; assistance with input needed for future reservoir and watershed modeling scenario development such as participating in Interim Committees and/or subgroups (such as Point Sources); and evaluation of potential impacts of riparian protection, indirect and/or direct potable water reuse, and conservation on water quality. These efforts are focused on identification and design of future pollution abatement projects for the watershed and/or reservoir.

2.7 Continue to obtain and evaluate annual discharge data from EPA ECHO and the Colorado Environmental Records for wastewater treatment facilities, water treatment facilities, and other permitted dischargers, as requested by the CCBWQA Manager.

2.8 Respond to special technical projects requests authorized by the Board, TAC, or CCBWQA Manager and not otherwise included in this Scope of Services, as budget allows.

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2.9 Provide support and/or assistance to CCBWQA Manager and other CCBWQA consultants in developing technical information for reservoir and watershed management efforts, as directed by the Board, TAC, or CCBWQA Manager.

W3. Annual Reporting and Presentation

3.1 LRE will review the Sampling and Monitoring Consultant’s draft Annual Monitoring Report and provide comments as appropriate.

3.2 2021 Annual E-Report: LRE will compile information and prepare the 2021 Annual Report to the Water Quality Control Commission (WQCC), covering the Water Year October 1, 2021 – September 30, 2022 into the web-based “E-Report” format. The 2020 report will remain “as is” for content and access; a new 2021 E-Report will be generated, building from the 2020 report. Several of the introductory/background pages will remain the same or have minor updates. All storyboards and linked references will be updated with 2021 information. LRE will work with the CCBWQA’s Manager and consultant team to prepare one draft for review (by the TAC first, and then the Board) and finalize the report. The final report will be ready for approval by the TAC and Board at their respective March meetings and will be delivered electronically to the WQCC by March 31, 2022. LRE’s work will include preparation of all pages with input from Pollution Abatement Projects Manager, other consultants and CCBWQA Manager, editing for clarity and compliance with Regulation 72 requirements, and incorporating new information and activities undertaken by the CCBWQA.

Assumptions:

● The CCBWQA Manager (or Board designee) will provide information on the names and associations for the 2021 TAC and Board Members, as well as the CIP Budget file.

● The Pollution Abatement Projects Manager will provide text on the Capital Projects Program and summary reports, including photographs, no later than November 30th of each year.

● Information on the Watershed and Reservoir Models will be compiled based on technical memorandums and/or reports provided by the Model Consultants and/or Models Committee, as available at the time the draft report is prepared.

● The Cherry Creek Stewardship Partners will provide report- ready information on basin education activities.

● The MS4 Permittees in the watershed will continue to provide their respective annual reporting information for inclusion in the report, as soon as their WY 2021 reporting data are compiled and available.

The draft report will be available via the portal for a final review. Multiple and conflicting comments from reviewers are possible; therefore, LRE shall work to resolve conflicts in

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sufficient time to meet regulatory reporting deadlines. Because the report is available electronically via the portal, no hard copy reports will be produced.

3.3 Annual Presentation to the WQCC: LRE will work with the CCBWQA Manager and other consultants to prepare presentation materials for the WQCC and will attend/participate at the annual WQCC Annual Report presentation as directed by the CCBWQA Manager.

W4. Information Management Support

4.1 Data Portal Technical Support: Provide technical support for the Data Portal for the Monitoring Consultant and CCBWQA team, including:

4.2 Sampling and Monitoring Data Upload & Management Support: The Sampling and Monitoring Consultant has been uploading field, chemical and biological data into the portal since 2018; flow stage data since 2019; automated telemetry data capture began in 2020, and automated weather data capture began in 2021. LRE will continue to support these tools and continue to refine the tools and process to improve efficiency and data Quality Assurance/Quality Control. LRE will:

● Provide technical support to troubleshoot upload errors due to issues such as improper standard template entry and duplicate data submissions

● Update/upload legacy data. 2022 updates may include but are not limited to reviewing and refining flag classifications and non-detects, standardizing legacy location and parameter names to be consistent with the current sampling nomenclature and/or populating historical flow data

● ReviseAutomate the calculation of flow based on telemetry acquired stage data, and support the implementation of additional monitoring equipment that can provide continuous monitoring.

● Coordinate with the Sampling and Monitoring Consultant to identify enhancements in portal functionality that will increase analysis efficiency and provide actionable insights, as directed by the CCBWQA Manager

4.3 System Hosting & Maintenance: LRE will continue to manage the system hosting for the CCBWQA. This includes the following:

● Domain renewal and management for https://ccbwqaportal.org ● Cloud server hosting through Amazon Web Services for a dedicated virtual

server ● Server and hosting maintenance and management: backups verification,

critical software patches/upgrades, and system monitoring

4.4 Informational Requests: Respond to general requests for information from the Board, TAC, CCBWQA consultants, and/or the public not otherwise required by this Scope of Services. Provide CCBWQA approved information to the public and other local, state, and federal governments and organizations on a request basis.

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https://ccbwqaportal.org/

https://ccbwqaportal.org/

This may also include requests for information to help the CCBWQA with Strategic Planning and/or Watershed Plan implementation and budget planning process.

W5. Database Modules

5.1 PRF Effectiveness: LRE will enhance the PRF Statistics Tool with additional sites and/or analyses & graphics to continue to provide quantitative, statistical tools to evaluate PRF effectiveness

5.2 Weather Story Page : In order to enable CCBWQA to investigate the potential correlation between wind, temperature and precipitation LRE will:

● Integrate the priority analysis and graphics developed for the prototype Weather Statistics Tool into the portal to enable analysis of weather and water quality data over time. Items may include: calculating correlation between input and response variables, displaying water quality, flow and/or weather variables on the same graph, predicting future values based on multivariate response variables

● Create a portal-based story page based on the selected priority analysis and graphics

5.2 Additional Story Pages : LRE will expand opportunities for transforming data into actionable information through providing additional targeted analysis “story pages” based on requests from the CCBWQA Team, and as prioritized by the CCBWQA Manager or designated Board representative.

W6. Geographic Information Systems (GIS) Technical Assistance

As requested by the CCBWQA Manager, provide technical support related to GIS, Google Earth, and other mapping and/or graphics generation needs or assistance. Work may include but is not limited to: 1) Updating population statistics and associated graphics; 2) Updating the map of PRFs; 3)Generating KMZ files to be used as visual aids in Board/TAC meetings; 3) other items.

W7. Limnology Services

Independent limnology services as approved by the CCBWQA Board of Directors.

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Watershed and Reservoir Water Quality Monitoring Services (M Tasks)

The following sections describe the Scope of Services for each Task as outlined in the CCBWQA SAP/QAPP.

The 2022 Services differ from previous years by: ● An additional study on impacts of extended hold times in storm samples to determine

examples of changes to nutrient fractions will be completed in 2022 which may impact future SAP revisions.

● The optional Task 8 has been included for the potential monitoring of MS4 outfalls or other stormwater in collaboration with CCBWQA partners to assist in the evaluation of water quality measures taken for stormwater management. Any additional work in this optional task would include development of a separate Sampling and Analysis Plan to be approved by TAC and Board. If approved, services could include development of sampling protocols and services for site specific storm sampling, sample collection and data analysis, and additional data evaluation using the statistical tools on the CCBWQA’s portal may be used to evaluate the data for any statistically significant variability, changes, trends, etc.

● Costs estimates for Tasks M6 and M7 reflect reductions from efficiencies due to the combination of Watershed and Monitoring Staff.

M1. Reservoir Sampling and Monitoring The Cherry Creek Reservoir monitoring program will include:

● Routine Vertical Profiling and Nutrient/Biological Sampling ● Precipitation Gage Maintenance and Sampling ● Sampling frequency and laboratory analyses are outlined in the SAP and Table 1. ● CCR-1, CCR-2 and CCR-3 will be profiled and sampled once per month in

March, April, October, November and December (ice conditions permitting) for a total of five (5) sampling events.

● CCR-1, CCR-2 and CCR-3 will be profiled and sampled twice per month from May- September a total of ten (10) sampling events.

● Precipitation gage will be inspected weekly during storm sampling season and samples will be collected and analyzed following seven (7) storm events.

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Table 1. 2021 Reservoir Sampling Parameters and Total Laboratory Analyses Mar- Dec

Reservoir Sampling Equipment

● 5-port Multiparameter Sonde (CCBWQA) ● Vertical Sampler (CCBWQA) ● Secchi Disk (CCBWQA) ● Licor Quantum Sensor (CCBWQA) ● Plankton Net

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Monthly Nutrient -

Biological Samples (Photic Zone)

Mar-Dec

Monthly Nutrient Profile (4-7m)

Mar-Dec

Bi-Monthly Sonde and

Nutrient Samples

May- Sept

During Storm Sampling Season (May-Oct)

2 Sites 1 Site 1 Site 3 Sites 1 Site

Analyte CCR-1, CCR-3 CCR-2 CCR-2

CCR-1, CCR-2, CCR-3

PRECIP Subtotal Field Dups/

Blanks

Total # Samples

Inorganics pH 20 10 40 30 100 10 110 Conductivity 20 10 40 30 100 10 110 Total Nitrogen 20 10 40 30 7 107 10 117 Total Dissolved Nitrogen 20 10 40 30 100 10 110 Ammonia as N 20 10 40 30 100 10 110 Nitrate + Nitrite as N 20 10 40 30 100 10 110 Total Phosphorus 20 10 40 30 7 107 10 117 Total Dissolved Phosphorus 20 10 40 30

100 10 110

Orthophosphate as P 20 10 40 30 100 10 110 Chloride 4 4 0 4 Sulfate 4 4 0 4 Magnesium 4 4 0 4 Calcium 4 4 0 4 Potassium 4 4 0 4 Sodium 4 4 0 4 Alkalinity 4 4 0 4 Organics Total Organic Carbon 10 0 10 20 2 22 Dissolved Organic Carbon 10 0 10

20 2 22

Total Volatile Suspended Solids 20 10 15

45 7 52

Total Suspended Solids 20 10 15 45 7 52 Biological Chlorophyll-a 20 10 15 45 4 49 Phytoplankton 10 5 15 0 15 Zooplanton 10 5 15 0 15

● Thermistor string of HOBO® Water Temp Pro data loggers and associated hardware and software – (CCBWQA)

● Real Time Dissolved Oxygen probes and data loggers (CCBWQA) 1m below the surface and 0.5 meters off the bottom of the reservoir.

o Seasonal Deployment on Authority negotiated access to the State Park’s buoy system Contractor will coordinate during the year with Colorado Parks and Wildlife (CPW) staff on buoy placement and sampling schedule.

Boat Use During the recreational boating season, the Contractor will rent and utilize a boat from Pelican Bay at Cherry Creek (i.e. the Marina) to reduce the need for boat inspections from Colorado Parks and Wildlife for invasive species. Contractor contractors and staff will adhere to CPW’s Boating Statutes and Regulations and operate under Contractor’s Safe Work Practice for Working Over or Near Water (SWP 5‐6).

Equipment All equipment, either owned by CCBWQA or provided by the Contractor will be properly maintained, calibrated, verified, and documented prior to use. The proposal includes all sampling labor, monitoring equipment, record books, sample bottles, preservatives, safety equipment, coolers, and any other equipment/supplies as needed.

Data Validation

In Contractor’s commitment to the Authority to produce defensible data, the frequency of the field duplicate and blank sample collection is approximately 10%. Field QA/QC samples shall be collected at each sampling event and any issues detected through the collection of these field QA/QC samples will be isolated to the samples only collected during the associated event. Total field blanks and duplicate samples will account for approximately 10% of required parameters. Due to the manner in which the zooplankton, phytoplankton, and rain (storm) event samples are collected or analyzed, field duplicate or field blank samples will not be generated from these monitoring program aspects.

The reservoir sampling parameters and 2022 laboratory analyses will be performed at the frequency indicated in Table 3, assuming a January 1 start date but the first reservoir sampling to be completed in March. An expedited turn‐around time (4‐6 weeks) will be utilized for phytoplankton and zooplankton enumeration during the crucial late spring through early fall months. Physical parameters will be collected in the field at the required frequencies in accordance with the current SAP, Table 1. (i.e., temperature, conductivity, pH, dissolved oxygen, oxidation/reduction potential, Secchi disk, 1% transmittance, and continuous temperature at station CCR‐2 vertical profiles).

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M2. Watershed Sampling and Monitoring Watershed monitoring will include surface and groundwater sampling to evaluate nutrient load to the reservoir. The program will include: ● Routine Surface Water Sampling, including PRF Pollutant Reduction Effectiveness

Sampling – sites and frequency outlined in Table 2. ● Ten (10) surface water sampling stations throughout the Cherry Creek Basin will be

sampled on a monthly or every other month basis March through December (10 site visits).

o CC-O, CC-7 Ecopark, CC-10, PC-1, CT-1, CT-2, CT-P1, CT-P2, MCM-1, MCM-2

● Nine (9) additional surface water sampling stations throughout the Cherry Creek Basin will be sampled twice per year.

o USGS @ Franktown, CC-1, CC-2, USGS @ Parker, CC-4, CC-5, CC-6, CC-8, CC-9

● Groundwater Sampling - Four (4) alluvial groundwater monitoring wells along Cherry Creek will be sampled twice per year (2 site visits) May and November.

o MW-1, MW-5, MW-9, MW- Kennedy ● Storm Event Sampling - Seven (7) surface water sites would be equipped with

automatic (ISCO) samplers and programmed to collect stormwater samples during up to seven (7) storm events between May and October.

o CC-7, CC-10, CT-1, CT-2, CT-P1, CT-P2 o Evaluation of change in nutrient fractions with extended hold times for storm

samples will be completed during two of the events in 2022 to determine if changes to SAP may be needed in the future.

Surface and Groundwater Sampling Equipment

● ISCO sampler with submerged probe level sensors ● Data loggers with cellular telemetry and solar panels ● In-stream portable velocity flow-meter ● Sutron ACCUBAR constant flow bubbler ● Data loggers with cellular telemetry and solar panels ● Groundwater Bailer ● Solnist Level Logger

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Table 2. Stream and Groundwater Sampling Parameters and Total Laboratory Analyses Jan- Dec

M3. Continuous Water Quality Monitoring Upgrades and Communications Contractor will install, operate, troubleshoot and maintain all continuous monitoring and telemetry communications hardware at stations outfitted with continuous level logging equipment. 15-minute data will be transmitted to Campbell Scientific based cloud, and mobile application-based Logger Link software and will be directed to the Authority’s website for real time graphical assessment of flow data. This monitoring will also facilitate evaluation of flow and water quality changes in these creeks to pair with water quality and continuous flow data. Monitoring of Logger Link app will be used to detect any abnormalities with equipment readings in order for troubleshooting and repairs, if

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Monthly Surface Water

EO Month Surface Water

Storm Event Surface Water Iscos

Bi- Annual Surface Water

Bi- Annual Ground Water

8 Sites 2 Sites 7 sites 9 Sites 4 Sites

Analyte

CC-0, CC-7, CC-10, CT-P1, CT-P2, CT1, CT2, PC-1

MCM-1, MCM-2

CC-10, CT-P1, CT-P1 CT-1, CT2, CC-7 PC-1

USGS CC@FT USGS CC@ Parker, CC-1, CC-2, CC-4, CC-5, CC-6, CC-8, CC-9

MW-1, MW-5, MW-9, Kennedy

Subtotal

Field Dups, Splits and Blanks

Total # of Samples Jan-Dec

Inorganics Total Nitrogen 96 12 56 18 8 190 12 202 Ammonia as N 96 12 56 18 8 190 12 202 Nitrate + Nitrite as N 96 12 56 18 8 190 12 202 Total Phosphorus 96 12 56 18 8 190 12 202 Total Dissolved Phosphorus 96 12 56 18 8 190 12 202 Orthophosphate as P 96 12 56 18 8 190 12 202 Chloride 6 8 14 1 15 Sulfate 6 8 14 1 15 Magnesium 6 6 0 6 Calcium 6 6 0 6 Potassium 6 6 0 6 Sodium 6 6 0 6 Alkalinity 6 6 0 6 Organics Total Organic Carbon 24 8 32 1 33 Dissolved Organic Carbon 24 8 32 1 33 Total Volatile Suspended Solids 50 25 56 131 7 138 Total Suspended Solids 50 25 56 131 7 138

necessary, to be completed quickly and reduce the potential for incomplete or inaccurate data. Stage discharge relationships will be updated annually and used to calculate flow from level measurements at each site. Flows will be measured four times per year in order to update the stage discharge relationships so flow can be calculated from level and displayed on CCBWQA’s data portal.

M4. Monitoring Report and Monthly Graphical Updates

Contractor will develop the annual monitoring report, including executive summary, in coordination with the Authority and its consultant team to support the Regulation #72 reporting requirements. All draft and final work products will be prepared on schedule, with a December 31st delivery of the draft Monitoring Report deliverable. Contractor will coordinate with other staff and the consultant team in addressing comments and finalizing the report for approval by the TAC and inclusion in the Annual Report to the WQCC no later than March 15 th . Contractor will support development of the Annual Report documentation, including graphics useful for presentation to the WQCC and other audiences. The report will include documentation of compliance (or determination of noncompliance) with the applicable Regulation 38 water quality standards (chlorophyll a , dissolved oxygen, and pH), using Water Quality Control Commission and Water Quality Control Division assessment methods. This documentation is required by Regulation 72.

Contractor will develop graphical representations for Authority meetings using the CCBWQA’s data portal, supported by other statistical software and spreadsheet analyses, as appropriate.

M5. Sampling and Analysis Plan Refinements In coordination with consultants’ and modeling team, Contractor will identify monitoring program efficiencies and needs based on watershed and reservoir modeling outputs. Contractor and the modeling and consultant team will meet during 2022 to evaluate monitoring needs as it relates to modeling outputs. Modeling outputs may suggest that monitoring can be reduced in some locations or that monitoring is needed in others. Based on these 2022 discussions, changes to the SAP may be warranted. If modifications to the SAP are prudent, Contractor will propose a streamlined review process, including proposed redline changes to the SAP based on consultant recommendations. The proposed changes will go before the TAC and Board for review and approval.

M6. Other Services

Contractor, staff, and partners can assist with additional services related to this monitoring program as needed. Services can include other water quality activities, tasks or technical support as specified by the CCBWQA manager, TAC or Board. Service includes Monitoring consultant attendance at monthly TAC meetings and Board

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meetings by request, CR 72 Tri-annual Review Hearings, Reg 38 Special Rulemaking hearings, committee meetings, and other meetings or services as needed.

M7. Database Support

All water quality data, field measurements, stream flows and physical records will be processed and validated by the QA/QC Manager and will be formatted in data specific worksheet templates. Data will be uploaded to the CCBWQA’s data portal. The listed QC programs include requirements for additional laboratory analyses for pH and Conductivity which have been added to the total laboratory costs for all water samples in Cherry Creek.

Optional Tasks

Optional M8. Stormwater Control Monitoring

In order to consider how stormwater outside of the main stream channels of Cherry Creek and Cottonwood creek are impacting the water quality in the Cherry Creek watershed, water quality monitoring where stormwater control measures have been installed could provide valuable information. Collecting water quality samples at outfalls of constructed control measures and analysis of results could inform the CCBWQA and its partners on changes of water quality during storm events and if there is statistical significance of the results. To meet these objectives, Consultant will develop specifications for a Sampling and Analysis Plan for this additional monitoring, conduct the sample collection, laboratory analysis and reporting of results to be approved by the CCBWQA TAC and Board.

Optional Authority Manager Support Contingency

This optional contingency task enables the Consulting staff to support the CCBWQA Board in potential management and transition activities. Activities may include but are not limited to participating in transition and status meetings, and supporting Manager-led activities typically such as TAC and Board packet development, coordinating information for the Annual Report, and/or attending regulatory or other meetings. These activities could be provided on an on-demand basis at the direction of the Board per the Rate Schedule presented in Exhibit B.

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Estimated Budget for CCBWQA 2022 Watershed Regulatory and Technical & Monitoring Consulting Services

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Task Labor Analytical

Lab Costs

Other Direct Costs

Total

Watershed Technical and Regulatory Consulting Services

W1. CCBWQA Meetings $30,000 $30,000

W2. Technical Services $83,400 $83,400

W3. Annual Report $26,000 $26,000

W4. Information Management Support $29,400 $600 $29,400

W5. Database Module(s) $40,000 $40,000

W6. GIS Technical Assistance $10,000 $10,000

W7. Limnology Services $10,000 $10,000

Watershed Services Subtotal $228,800 $600 $229,400

Watershed and Reservoir Water Quality Monitoring Services

M1. Reservoir & Watershed Sampling & Monitoring $36,000 $44,000 $6,000 $86,000

M2. Watershed Sampling & Monitoring $44,000 $45,000 $4,000 $93,000

M3. Continuous WQ Monitoring Upgrades and Communications $15,000 $3,000 $18,000

M4. Monitoring Report and Monthly Graphical Updates $33,000 $33,000

M5. Sampling and Analysis Plan Refinements $5,000 $5,000

M6. Other Services $30,000 $30,000

M7. Database Support $25,000 $25,000

Monitoring Services Subtotal $188,000 $89,000 $13,000 $290,000

Total Project Cost $416,800 $89,000 $13,600 $519,400

Optional Tasks

M8. Stormwater $14,000 $20,000 $1,000 $35,000

Authority Manager Support Contingency $30,000 $30,000

AMENDMENT TO EXHIBIT A

CHERRY CREEK BASIN WATER QUALITY AUTHORITY

2022 Watershed Technical and Regulatory and Monitoring Consulting Scope of Services

Finalization of 2021 Reservoir Sediment Sampling Analysis

In 2021 Solitude Lake Management (SLM) Conducted a portion of “Optional Task 8- Reservoir Sediment Sampling”. SLM prepared a Sampling and Analysis Plan (SAP) and initiated the project. All of the samples have been collected; however, due to a delay in receiving results from the laboratory, data analysis and reporting has not been completed. Data from the lab is expected in early 2022.

The original Task was approved for $20,000, of which $10,800 has been invoiced under SLM. 2022 tasks conducted using the remaining budget would include analytical laboratory fees as well as reporting of results.

Task Labor Analytical

Lab Costs

Other Direct Costs

Total

Watershed and Reservoir Water Quality Monitoring Services

Finalization of 2021 Reservoir Sediment Sampling Analysis (Rollover of 2021 Task 8) $2,200 $7,000 - $9,200

Exhibit A-1

EXHIBIT B

CHERRY CREEK BASIN WATER QUALITY AUTHORITY 2022 Watershed Technical and Regulatory and Monitoring

Consulting Scope of Services

LRE Water 2022 RATE SCHEDULE

Hourly Rate Student Intern .............................................................................................$65 - $90

Administrative Assistant .............................................................................$80 - $120

Technician/IT Support ................................................................................$95 - $135

Staff I Engineer/Scientist ............................................................................$105 - $130

Staff II Engineer/Scientist ...........................................................................$120 - $140

Staff III Engineer/Scientist...........................................................................$130 - $170

Project Engineer/Scientist ...........................................................................$135 - $175

Senior Project Engineer/Scientist................................................................$160 - $185

Project Manager .........................................................................................$175 - $200

Senior Project Manager...............................................................................$195 - $260

Expenses such as laboratory analysis, obtaining aerial photos, or other special services incurred directly in connection with the project are billed at cost plus 5 percent to cover handling and administration. Reimbursable expenses billed at cost include airfare, automobile rental, and other travel or per diem costs including mileage billed at the current IRS rate (rounded up to the nearest $0.05).

{00868865.DOC / }

AS NEEDED CONSULTING SERVICES AGREEMENT

THIS AS NEEDED CONSULTING SERVICES AGREEMENT(“Agreement”) is entered into as of the _____day of December, 2021, to be effective asof January 1, 2022, between the CHERRY CREEK BASIN WATER QUALITYAUTHORITY, a quasi-municipal corporation and political subdivision of the State ofColorado (“Authority”), whose address is c/o CliftonLarsonAllen, LLP, 8390 CrescentParkway, Suite 300, Greenwood Village, Colorado 80111, and HYDROSCONSULTING INC., a Colorado corporation (“Consultant”), whose address is 1628Walnut Street, Boulder, Colorado 80302, telephone number 303-284-1841. Consultantand Authority may hereinafter singularly be referred to as a “Party” and collectively asthe “Parties.”

RECITALS

WHEREAS, the Authority was established for the purpose of preserving,protecting and enhancing the water quality in the Cherry Creek Reservoir (“Reservoir”)and the Cherry Creek Watershed (“Watershed”); and

WHEREAS, Consultant, pursuant to prior agreements worked with anddeveloped for Authority a comprehensive watershed model for the Reservoir(“Reservoir Model”); and

WHEREAS, at times, questions arise with respect to the Reservoir and theReservoir Model that Consultant is uniquely qualified to address; and

WHEREAS, Authority desires to confer with Consultant from time-to-time forthe purpose of obtaining advice and information with respect to the Reservoir Modeland Reservoir management issues; and

WHEREAS, Consultant is willing to consult with Authority on an as neededbasis from time to time and Authority is willing to utilize Consultant for that purpose,upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the promises set forth herein,Authority and Consultant agree as follows:

1. Scope of Services. For calendar year 2022, Consultant agrees to make itsrepresentatives, including, but not limited to, Jean Marie Boyer and Christine Hawley,available to assist Authority and Authority’s consultants in answering questions andproviding information with respect to management scenarios and other questions that arerelated to the Reservoir Model and the Reservoir.

{00868865.DOC / } 2

2. Authorization to Provide Services. Consultant will perform serviceson an as needed basis, but only when requested to do so in writing by the Authority’sAdministrator.

3. Compensation. For the services performed for Authority during theTerm of this Agreement, Consultant will be compensated in accordance withConsultant’s 2022 fee schedule, a copy of which is attached hereto as Exhibit A andincorporated herein by this reference. Notwithstanding any other provision containedherein to the contrary, total compensation for services provided by Consultant underthis Agreement shall not exceed $20,000 without the Authority’s Board of Directorsprior express written consent.

4. Separate Agreement. This Agreement is a new agreement that is beingentered into between the Authority and Consultant and is in addition to the ReservoirModel Agreement. Services chargeable to and/or authorized under the Reservoir ModelAgreement shall not be charged to or performed under this Agreement. Nothingcontained in this Agreement shall be deemed to modify or anyway amend or supersedethe existing Reservoir Model Agreement.

Notwithstanding the foregoing, however, the terms and provisions of the ReservoirModel Agreement relating to such things as method of payment, conflict of interest,records, audits, confidentiality of information and the like as set forth in paragraphs 6through 23 inclusive of the Reservoir Model Agreement are incorporated herein as iffully set forth.

5. Binding Effect. This Agreement shall be binding upon and inure to thebenefit of the Parties hereto and their respective successors and assigns.

6. Severability. In the event any one of more of the provisions of thisAgreement shall for any reason be held to be invalid or unenforceable, the remainingprovisions of this Agreement shall be unimpaired, and shall remain in full force andeffect and shall be binding upon the Parties hereto.

7. Compliance with Laws. In performing this Agreement, Consultant shallcomply with all applicable laws, rules and regulations, including but not limited to allfederal, state and local laws.

8. Counterpart Signatures. This Agreement can be executed incounterparts, each of which taken together shall constitute one original document.

9. Governing Law. This Agreement shall be governed by and construed inaccordance with the laws of the State of Colorado.

{00868865.DOC / } 3

IN WITNESS WHEREOF, the Parties have executed this Agreement induplicate original as of the dates set forth below. This Agreement must have thesignature of an authorized person of Consultant on both original copies.

AUTHORITY:

CHERRY CREEK BASIN WATERQUALITY AUTHORITY, a quasi-municipalcorporation and political subdivision of the Stateof Colorado

By:John McCarty, Co-Manager

Date:

CONSULTANT:

HYDROS CONSULTING INC., a Coloradocorporation

By:Jean Marie Boyer, P.E., Principal

Date:

Hydros Consulting Inc. Hourly Rate and Expense Schedule

Hourly Labor Rates

Name Title Hourly Rate

Jean Marie Boyer, PhD, PE Principal $240

John Carron, PhD Principal $240

Christine Hawley, MS Senior Managing

Environmental Engineer $220

Steve Setzer, MS, PE Senior Water Resources

Engineer $215

Kevin Bierlein, PhD Environmental Engineer $171

Taylor Adams, MS, PE Environmental/Water

Resources Engineer $170

Nick Mander, MS, PE Water Resources Engineer $168

Nicolás Rodríguez-Jeangros, PhD, PE Environmental Engineer $164

John Craven, MS Water Resources Engineer $162

Jennifer Thomasson Administrative Support $85

Rates valid through December 31, 2022.

Expenses billed at cost; mileage at published Federal rate.

Exhibit A

100788921.DOCX /{00868877.DOCX / }

AS NEEDED CONSULTING SERVICES AGREEMENT

THIS AS NEEDED CONSULTING SERVICES AGREEMENT(“Agreement”) is entered into as of the _____ of December, 2021, to be effective as of January 1, 2022 between the CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”), whose address is P.O. Box 3166, Centennial, Colorado 80161, and RESPEC COMPANY, LLC., a South Dakota corporation (“Consultant”), whose local address is 720 South Colorado Blvd., Suite 410S, Denver, Colorado 80246. Consultant and Authority may hereinafter singularly be referred to as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, the Authority was established for the purpose of preserving, protecting and enhancing the water quality in the Cherry Creek Reservoir (“Reservoir”) and the Cherry Creek Watershed (“Watershed”); and

WHEREAS, Consultant pursuant to prior agreements with the Authority developed a Watershed Model and generated specific Watershed Model runs and planning scenarios for the Authority; and

WHEREAS, at times, questions arise with respect to the Watershed Model and water quality issues in the Watershed and in the Reservoir; and

WHEREAS, Authority desires to confer with Consultant from time-to-time for the purpose of obtaining advice and information with respect to the Watershed Model, including requesting additional Watershed Model runs; and

WHEREAS, Consultant is willing to provide such services and consult with Authority on an as-needed basis, and Authority desires to utilize Consultant for such purposes, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the promises set forth herein, Authority and Consultant agree as follows:

1. Scope of Services. During calendar year 2022, Consultant agrees to make its representatives, including, but not limited to, Alan Leak, available to assist Authority and Authority’s other consultants in answering questions and providing information with respect to the Watershed and Reservoir Models and other matters that affect water quality in Cherry Creek and Cherry Creek Reservoir.

200788921.DOCX /{00868877.DOCX / }

2. Authorization to Proceed. Consultant will perform the Services on an as needed basis, but only when requested to do so in writing by the Authority’s Administrator.

3. Compensation. For the Services performed for Authority during calendar year 2022, Consultant will be compensated in accordance with Consultant’s hourly rates and reimbursable costs, as set forth on Exhibit A, as attached hereto, which rate schedule may be supplemented by Consultant to incorporate Consultant’s 2022 rates when they become available. Notwithstanding any other provision contained herein to the contrary, total compensation for Services provided by Consultant under this Agreement shall not exceed $25,000 without the express prior written consent of the Authority’s Board of Directors.

4. Separate Agreement. This is a new agreement entered into between the Authority and Consultant and is in addition to any other agreements entered into between the Authority and Consultant. Services chargeable to and/or authorized under any prior agreement shall not be charged to or performed under this Agreement. Nothing contained in this Agreement shall be deemed to modify or in any way amend or supersede the existing agreements Consultant has with the Authority provided, however, the general terms and provisions of those agreements relating to such things as method of payment, conflict of interest, records, audits, confidentiality of information, insurance, and the like, are incorporated herein by reference as if fully set forth.

5. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.

6. Severability. In the event any one of more of the provisions of this Agreement shall for any reason be held to be invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and shall remain in full force and effect and shall be binding upon the Parties hereto.

7. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, rules and regulations, including but not limited to all federal, state and local laws.

8. Counterpart Signatures. This Agreement can be executed in counterparts, each of which taken together shall constitute one original document.

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

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IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate original as of the dates set forth below. This Agreement must have the signature of an authorized representative of Consultant on both original copies.

AUTHORITY:

CHERRY CREEK BASIN WATERQUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado

By: John McCarty, Co-Manager

Date:

CONSULTANT:

RESPEC, COMPANY, LLC., a South Dakota corporation

By: Alan J. Leak, Principal

Date:

Attest:

Rebecca McClure, Secretary

4

EXHIBIT A

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{00861268.DOC / }

ADMINISTRATIVE SUPPORT AGREEMENT

THIS ADMINISTRATIVE SUPPORT AGREEMENT (“Agreement”) is made and entered into this _____ day of _____________, 2021, to be effective as of January 1, 2022 (“Effective Date”), by and between the CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”), and VALERIE ENDYK, an individual (“Endyk”), whose address is 1242 West Geddes Avenue, Littleton, Colorado 80120 telephone number (303) 718-6636. Consultant and Authority may hereinafter singularly be referred to as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, Endyk has knowledge of the Authority’s administrative requirements as a result of prior experience in assisting the Authority from time-to-time; and

WHEREAS, the Authority desires to utilize Endyk’ s clerical and administrative skills; and

WHEREAS, Endyk is willing to perform clerical and administrative services for the Authority, upon the terms and conditions as hereinafter set forth.

NOW, THEREFORE, in consideration of the promises and other good and valuable consideration, Authority and Endyk agree as follows:

1. Scope of Services. Endyk agrees to provide clerical and administrative support to the Authority in accordance with terms and provisions of this Agreement. By way of explanation and not limitation, the type, nature and extent of the clerical and administrative support that Endyk will provide is more particularly described on Exhibit A, as attached hereto and incorporated herein by this reference (“Administrative Services”).

2. Authorization to Provide Services. Endyk is hereby authorized to provide Administrative Services which Endyk agrees to provide in accordance with the Authority’s time and completion requirements. The Authority and Endyk will agree generally on the periods of time each week when Endyk believes she will be available to provide Administrivia Services if requested to do so either verbally or in writing by the Authority’s Manager, Co-Managers, designated consultants or legal counsel (“Authorized Representatives”).

3. Compensation. For the Administrative Services provided by Endyk the Authority will compensate Endyk at the rate of seventy-five dollars ($75.00) per hour,

{00861268.DOC / } 2

or if agreed upon in advance by Endyk and the Authority, on a per task flat fee basis. Notwithstanding any other provision contained in this Agreement to the contrary however, Endyk shall not spend more than twenty (20) hours per week providing Administrative Services to the Authority, without the prior express written consent of an Authorized Representative. No later than seven (7) days after the end of each month Endyk will submit an invoice to the Authority detailing the hours spent and the type of Administrative Services that Endyk provided to the Authority during the prior month.

4. Payment of Invoices. Once an invoice is received from Endyk it will be reviewed and if approved, will be paid within thirty (30) days from the date the invoice was submitted; provided, however, the Authority have the right to withhold payment as to any matter on an invoice that is disputed or which requires clarification or further information to be provided to the Authority.

5. Responsibility for Costs. Endyk shall be responsible for all costs and expenses related to the Administrative Services that are provided hereunder unless otherwise agreed to in advance by an Authorized Representative and Endyk. Notwithstanding the foregoing, Endyk and the Authority recognize that from time-to-time Endyk will need to advance costs on behalf of the Authority. Endyk will have authority to advance funds and be reimbursed therefore, provided the costs advanced are not in excess of $500 in any given month. Anything in excess of such $500 amount will need to have advance approval from the Authority.

6. Term and Termination. This Agreement shall remain in effect for until December 31, 2022, unless terminated sooner as hereinafter provided. This Agreement may be terminated prior to December 31, 2022 by either Party for any reason or no reason, upon ten (10) days advance written notice to the other Party. Upon termination, Endyk will be paid for all Administrative Services provided up to the date of termination.

7. Ownership of Work Product. It is agreed that any and all documents, recommendation or information provided to Authority by Endyk in connection with the Administrative Services that Endyk performs for the Authority, and shall be the property of the Authority.

8. Confidentiality of Information. Except as required by law, or is necessary for the performance of Administrative Services, Endyk shall retain in strictest confidence all information furnished by Authority, and the results of any reports or studies Endyk participates in or has access to in connection with the provision of Administrative Services for the Authority. Endyk shall have no confidentiality obligation however, with respect to information that: (i) becomes generally available to the public other than as a result of disclosure by Endyk; or (ii) was available to Endyk on a non-confidential basis prior to its disclosure by Authority; and (iii) becomes available to

{00861268.DOC / } 3

Endyk from a third-party who is not, to the knowledge of Endyk, bound to retain such information in confidence.

9. Compliance with Laws. In providing Administrative Services to the Authority, Endyk shall comply with all applicable laws, rules and regulations, applicable to the Administrative Services, including, but not limited to, all federal, state and local laws. By way of explanation and not limitation, Endyk certifies that Endyk shall comply with the provisions of Section 18-17.5-101, et seq. C.R.S. Endyk shall not knowingly employ or contract with a worker without authorization to perform Administrative Services for Authority, or enter into a contract with a subconsultant that knowingly employs or contracts with a worker without authorization. Endyk represents, warrants and agrees, that (a) she has confirmed the employment eligibility of all employees who are newly hired for employment to perform Administrative Services under this Agreement through participation in either the E-Verify Program or the Department Program described in Section 18-17.5-101, et seq. C.R.S. Endyk shall not use either the E-Verify Program or the Department Program to undertake pre-employment screening of job applicants while this Agreement is in effect. If Endyk obtains actual knowledge that a subconsultant performing Administrative Services under this Agreement knowingly employs or contracts with a worker without authorization, Endyk shall comply with all of the requirements in Section 18-17.5-101, et seq. C.R.S., concerning notification to the Authority. If Endyk fails to comply with any requirement of Section 18-17.5-101, et seq. C.R.S., the Authority may terminate this Agreement for breach and Endyk shall be liable for actual damages to Authority.

10. Independent Contractor. In the performance of Administrative Services, Endyk shall be for all purposes, an independent contractor, and not an employee or agent of the Authority. Endyk and her employees and subconsultants, if any, shall in no way represent themselves to third parties as agents or employees of the Authority. As an independent contractor, Endyk is not entitled to workers’ compensation benefits and is obligated to pay federal and state income tax on any monies earned pursuant to this Agreement.

11. Assignability. This Agreement shall not be assigned by Endyk without the prior express written consent of an Authorized Representative, which consent may be withheld for any or no reason.

12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.

13. Severability. In the event any one of more of the provisions of this Agreement shall for any reason be held to be invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and shall remain in full force and effect and shall be binding upon the Parties hereto.

{00861268.DOC / } 4

14. Counterpart Signatures. This Agreement can be executed in counterparts, each of which taken together shall constitute one original document.

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

IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate original as of the dates set forth below.

AUTHORITY:

CHERRY CREEK BASIN WATER QUALITY AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado

By:John McCarty, Co-Manager

CONSULTANT:

Valerie Endyk

{00861268.DOC / } A-1

EXHIBIT A

Scope of Services

1. Provide clerical and administrative assistance to the Authority’s Technical Manager and Executive Committee, including but not limited to setting up, facilitating, and attending when requested to do so, monthly Authority Technical Advisory Committee (TAC) and Authority Board meetings currently held at the Southeast Metro Stormwater Authority office and/or remotely via Zoom.

2. Assemble TAC and Authority’s Board meeting packets for monthly meetings, including distribution to all participants via email, and the sending of calendar invitations.

3. Assist the Authority’s Technical Manager and Executive Committee which such things as being the administrative point of contact for the Authority, checking voice messages and emails, responding to and communicating with consultants, contractors, members of the Authority Board and other interested parties.

4. Coordinate with the Authority’s Technical Manager in connection with the maintenance of an accessible, secure, organized and complete filing system for all Authority official records, whether in electronic or paper form and serve as the Authority’s official records custodian. To the extent practical cause all paper documents and forms used or received by Authority to be converted to electronic format for permanent storage purposes.

5. Coordinate with the Authority’s Technical Manager and Executive Committee in procuring and maintaining the Authority’s insurance, including but not limited to general liability, public official’s property, automobile and workers complementation coverages. The procurement of the Authority’s insurance shall be coordinated with the Authority’s insurance agent and legal counsel.

6. When requested by the Board, or as is necessary, coordinate with the Authority’s webmaster to facilitate the placing of information on, and the removal of information from, the Authority’s website.

7. Such other clerical and administrative support as may be requested from time-to-time by the Authority’s Technical Manager, and/or its Executive Committee.

8. The Scope of Services as set forth above may be reduced or expanded from time-

{00861268.DOC / } A-2

to-time as the Authority’s Technical Manager and/or Executive Committee determine appropriate provided any such expansion must be acceptable to Endyk.

9. Endyk is not an agent of the Authority and shall have no power to bind or commit the Authority to any financial or other matter unless previously approved and/or authorized by the Authority’s Technical Manager and/or Executive Committee.

December 10, 2021

Board of Directors Cherry Creek Basin Water Quality Authority c/o Manager P.O. Box 3166 Centennial, CO 80161

Re: New Firm Announcement

Dear Board Members:

We are so pleased to announce the formation of our new law firm, Collins Cole Flynn Winn & Ulmer, PLLC, which will open its doors on January 1, 2022. The five partners, Jim Collins, Bob Cole, Tim Flynn, Kathryn Winn, and Allison Ulmer, will be joined by an experienced and knowledgeable team. Our core team includes Bart Miller, Of Counsel, retired from the Colorado General Assembly’s Office of Legislative Legal Services and former Centennial City Councilman; paralegals Peggy Rupp and Crystal Schott, who have a combined 35+ years with the group, and legal assistant Jamie Stowers. This team has served you for many years and we will continue to provide highly competent, client-oriented legal services to our special district and local government clients.

As we establish our new office in Lakewood, we are recommitting ourselves to providing the most responsive, experienced and up-to-date legal services with modernized systems and an innovative and collaborative approach.

In the years we have represented the Cherry Creek Basin Water Quality Authority, we have worked hard to earn your trust. You have relied upon us to provide straightforward, effective and strategic legal advice on routine legal issues as well as the most sensitive of matters. We appreciate that you always have a choice in selecting your legal counsel, and as we start this exciting new venture, we ask for your support and continued reliance on our personal integrity and experience.

Sincerely,

Timothy J. Flynn

December 10, 2021

Board of Directors Cherry Creek Basin Water Quality Authority c/o Manager P.O. Box 3166 Centennial, CO 80161

Re: Letter of Engagement

Dear Board Members:

We understand that the Cherry Creek Basin Water Quality Authority (the “Client”) desires to appoint Collins Cole Flynn Winn & Ulmer, PLLC, a Colorado professional limited liability company (the “Law Firm”), as the Client’s general counsel pursuant to Section 32-1-1001(1)(i), C.R.S., for certain matters as further described below. This letter is intended to outline the terms governing our representation of the Client effective January 1, 2022.

1. Scope of Services.

The Law Firm will advise the Client on all Client-related matters referred to the Law Firm by the Client. We will take our direction from the Board of Directors (“Board”) and the President and/or Secretary of the Board, or such other person as is designated by the Board to be its representative and spokesperson for purposes of communication with the Law Firm. We do not represent (i) any person or entity (except the Client itself); (ii) individual members of the Board; or (iii) employees or agents of the Client (collectively, the “Other Persons”), and all services are provided only for the benefit of the Client and not for the Other Persons. The Law Firm owes professional responsibilities only to the Client itself. In all matters involving the Client, such Other Persons should retain their own legal counsel.

2. Designation of Attorneys and Assistants.

I, Timothy J. Flynn, a Partner in the firm, am designated as the Attorney primarily responsible for the legal services rendered to the Client. Other qualified Attorneys and paralegals may perform services for the Client under my supervision in order to most effectively provide a particular service or to minimize costs.

3. Compensation.

The Law Firm shall provide to the Client a monthly billing statement detailing the services rendered and the amount of time spent in performance thereof. The Client shall pay for the total time of all attorneys, paralegals and law clerks at the current rates in effect for the services rendered.

Cherry Creek Basin Water Quality Authority December 10, 2021 Page 2

Secretarial and legal assistance services are not routinely billed to the Client, but out-of-the-ordinary use of a secretarial or legal assistance person’s time may be billed in the attorney’s reasonable discretion. Paralegals and law clerks are utilized when their skills are commensurate with a particular project, so as to minimize the costs billed to the Client. The attorney supervises the work product of associate attorneys, paralegals and law clerks.

The Client shall pay for Services within thirty days of the date of the invoice. The Client shall pay 5% interest on any fees outstanding after thirty days of invoicing. The Law Firm shall not be obligated to perform any Services if payment of fees is sixty days overdue.

The Law Firm’s billing rates effective January 1, 2022 are attached and subject to adjustment, but not by more than ten percent collectively at any time without written notice.

4. Expenses.

Expenses for which the Law Firm will or will not receive reimbursement are as follows, along with the rates for such reimbursement:

(a) Mileage.

No charge, unless lengthy travel distance.

(b) Out-of-Town Travel.

Expenses at cost without mark-up. Travel time by attorneys and staff will be billed at current billing rates. Trips will be coordinated with other clients, to the extent possible, to minimize travel costs.

(c) Long-Distance Telephone Service.

No charge.

(d) Teleconferencing.

Billed at cost without mark-up.

(e) Computer Expenses.

No charge, except for computer research, Lexis/Nexis or other special costs; billed at actual cost without mark-up.

(f) Photocopies.

No charge for in-house copying, unless large volume of copying. Outside copying and printing billed at actual cost without mark-up.

(g) Postage.

No charge for usual first-class mailings, such as mailings to the Client, courts, counsel of record and other consultants. Mass mailings, such as election notices, and overnight and special delivery mailings billed at actual cost without mark-up.


(h) Couriers.

Courier service will be used on an as-needed basis with the cost thereof being billed to the Client without mark-up.

(i) Other Reimbursables.

Other reimbursables include our payment of filing fees, costs for service of process and related services, expert witness fees (only as pre-authorized by the Client), court reporter fees for transcript of testimony, court reporter appearance fees, county clerk and recorder’s fees for recording of documents, title company’s fees for reports of title, publication fees, election materials and other related expenses. All such reimbursables will be billed to the Client at cost without mark-up.

(j) Other Expenses.

Certain services and expenses not otherwise documented herein (e.g., private investigator, special counsel, etc.) may become necessary under certain circumstances. To the extent that such services are required, the Law Firm will first obtain authorization from the Client before incurring such costs. As such expenses are incurred, they will be billed to the Client.

5. Potential Conflict of Interest.

I am not aware of any potential conflicts of interest that may stem from my ongoing representation of other clients.

6. Communications between Law Firm and Client.

Written and oral communication between the Law Firm and the Client on the Client’s matters shall be made using all current forms of technology including mail, courier, email, POTS, VoIP and cellular telephone, and other electronic means of communication as such technology becomes available. The security of such means of communication, particularly electronic means such as e-mail and cellular telephone cannot be guaranteed, and therefore a risk exists that privileges such as the attorney-client privilege may be waived if a communication is inadvertently received by persons other than the Client. If the Client desires to avoid the risk of inadvertent disclosure by any particular means of communication, the Client must contact the Law Firm and instruct the Law Firm as to any unacceptable means of communication for Client matters.

7. Cloud Services.

During and/or after termination of our engagement we may use cloud services. Where we do so, or where we use a subcontractor to provide cloud services, we will ensure an appropriate level of security.


8. Disclaimer of Warranties.

There can be no warranties as to the success of any matter undertaken by the Law Firm in the representation of the Client. All expressions made by the Law Firm relative thereto are solely matters of the Law Firm’s opinion.

9. Power of Attorney to Execute Documents.

The Client grants to the Law Firm the power to execute documents connected with the representation of the Client, which have been generally approved by the Client, including pleadings, applications, protests, contracts, commercial papers, settlement agreements and releases, verifications, dismissals, orders, and all other documents associated with the services provided hereunder.

10. Document Retention/Destruction.

Files created and compiled by the Law Firm for work on Client matters, including correspondence, pleadings, research and any other documents prepared by the Law Firm, will not be retained indefinitely. Law Firm will retain files for sixty days following conclusion of a matter or conclusion of representation, at which time Client may retrieve the file(s), so long as the Client has paid all fees and costs, or the file(s) may be disposed of at the discretion of the Law Firm, except that we will not destroy (i) original documents entrusted to us for continued representation as part of our services; and (ii) any documents that the Client is obligated by law to retain.

11. Worker Without Authorization Certification.

Pursuant to the requirements of H.B. 06-1343, the Law Firm certifies that the Law Firm will comply with the provisions of Section 8-17.5-101 et seq., C.R.S., and the Law Firm will not knowingly employ or contract with a worker without authorization to perform work for the Client. The Law Firm has verified that the Law Firm (i) has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the E-Verify Program administered by the Department of Labor and Employment; and (ii) otherwise will comply with the requirements of Section 8-17.5-102(1), C.R.S., regarding such verification. The Law Firm agrees to comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If we do not comply with any requirement of Section 8-17.5-101 et seq., C.R.S., regarding worker without authorization verification, the Client may immediately terminate the Law Firm’s Services, subject to payment for work performed prior to the termination date as described herein.

12. Entire Agreement.

The terms herein represent the entire agreement of the parties concerning the representation of the Client by the Law Firm. The agreement represented by this letter may not be amended or modified except in writing and signed by both parties hereto.


13. Term.

The agreement represented by this letter shall commence on January 1, 2022 and remain in effect until terminated by written notice of either party.

Collins Cole Flynn Winn & Ulmer, PLLC, a professional limited liability company


By: Timothy J. Flynn Joshua Rivero, President


BILLING RATES

Effective 1/2022

Name 2022 Rates

James P. Collins, Partner $450

Robert G. Cole, Partner $405

Timothy J. Flynn, Partner $410

Kathryn G. Winn, Partner $390

Allison C. Ulmer, Partner $390

Bart W. Miller, Of Counsel $300

Peggy Rupp, Paralegal $235

Crystal Schott, Paralegal $220

Cherry Creek Basin Water Quality Authority Minutes of the ...

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