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Home My WebLink AboutPACKET Utilities Committee 2008-07-10i AGENDA TOWN OF ESTES PARK UTILITIES COMMITTEE 8:00 a.m. Thursday, July 10, 2008 Preparation date: July 2,2008 ACTION ITEMS PUBLIC COMMENT Water Department 1. Mary's Lake Treatment Plant Expansion - Contract Award a. Request to take to Town Board 2. Design Policies and Standards Update - Contract Award a. Request to take to Town Board 3. YMCA Bulk Water Emergency Tap a. Request to take to Town Board REPORTS: No reports Note: The Utilities Committee reserves the right to consider other items not available at the time the agenda was prepared. 07/07/2008 MON 08:56 FAX 9705862816 EP Administration [2looi ********************************* *** FAX ACTIVITY REPORT TX/RX *** ********************************* ST. TI ME DESTINATION ADDRESS NO. MODE PGS. RESULT *06/23 16:26 Reporter Herald 6353677 0425 SEQ. BROADCAST ECM 2 OK 00' 39 *06/23 16:27' Coloradoan 2247899 0425 SEQ. BROADCAST ECM 2' OK 00' 38 *06/23 16:28 EP News 5771590 0425 SEQ. BROADCAST ECM 2 OK 01' 06 *06/24 10:50 9704987906 0428 TX ECM 2 OK 00' 24 *06/24 10:52 UNKNOWN 5165 AUTO RX 1 OK 00' 42 *06/25 08:42 UNKNOWN 5166 AUTO RX ECM 1 OK 00' 25 *06/25 16:28 13032200185 0437 TX ECM 3 OK 01' 01 *06/26 12:40 KEPL 5869561 0438 SEQ. BROADCAST ECM 1 OK 00' 26 *06/26 12:40 Trail Gazette 5869532 0438 SEQ. BROADCAST ECM 1 OK 00' 28 *06/26 12: 41 Channel 8 5861691 0438 SEQ. BROADCAST ECM 1 OK 00' 31 *06/26 12:42 Reporter Herald 6353677 0438 SEQ. BROADCAST ECM 1 OK 00' 16 *06/26 12:43 EP News 5771590 0438 SEQ. BROADCAST ECM 1 OK 00' 28 *06/26 19:40 UNKNOWN 5167 AUTO RX ECM 1 OK 00' 29 *06/30 10:51 KEPL 5869561 0441 SEQ. BROADCAST ECM 1 OK 00' 29 *06/30 10:51 Trail Gazette 5869532 0441 SEQ. BROADCAST ECM 1 OK 00' 30 *06/30 10:52 Channel 8 5861691 0441 SEQ. BROADCAST ECM 1 OK 00' 35 *06/30 10:53 Reporter Herald 6353677 0441 SEQ. BROADCAST ECM 1 OK 00' 18 *06/30 10:54 EP News 5771590 0441 SEQ. BROADCAST ECM 1 OK 00' 31 *06/30 11:29 UNKNOWN 5168 AUTO RX ECM 1 OK 01' 51 *06/30 15:00 9706672527 5169 AUTO RX ECM 6 OK 01' 29 *07/01 08:35 970 586 9149 5170 AUTO RX ECM 1 OK 00' 23 *07/01 13:10 UNKNOWN 5171 AUTO RX ECM 1 OK 00' 30 *07/01 13:35 9706672527 5172 AUTO RX ECM 3 OK 00' 53 *07/01 14:34 Greg White 6672527 0451 SEQ. BROADCAST ECM 3 OK 00' 44 *07/01 14:35 KEPL 5869561 0451 SEQ. BROADCAST ECM 3 OK 01' 05 *07/01 14:37 Trail Gazette 5869532 0451 SEQ. BROADCAST ECM 3 OK 01' 20 *07/01 14:38 Channel 8 5861691 0451 SEQ. BROADCAST ECM 3 OK 01' 44 *07/01 14:40 Reporter Herald 6353677 0451 SEQ. BROADCAST ECM 3 OK 00' 52 *07/01 14:42 Coloradoan 2247899 0451 SEQ. BROADCAST ECM 3 OK 00' 47 *07/01 14:43 EP News 5771590 0451 SEQ. BROADCAST ECM 3 OK 01' 20 *07/01 17:05 13032052341 0455 TX ECM 3 OK 01' 15 *07/02 14:22 202 331 3759 5173 AUTO RX ECM 9 OK 03' 46 *07/02 14:26 UNKNOWN 5174 AUTO RX ECM 8 NG 05' 09 8 *07/02 14:49 202 331 3759 5175 AUTO RX ECM 9 OK 03' 42 07/03 15:08 UNKNOWN 5176 AUTO RX ECM 1 OK 00' 21 5869561 0456 SEQ. BROADCAST ECM 1 OK 00' 26 ~07/07-~88r~2-~~~~L~~~1 Herald 07/07 08:43 Trail Gazette 5869532 0456 SEQ. BROADCAST ECM 1 OK 00' 26 07/07 08:43 Channel 8 5861691 0456 SEQ. BROADCAST ECM 1 OK 00' 29 6353677 0456 SEQ. BROADCAST ECM 1 OK 00' 15 5771590 0456 SEQ. BROADCAST ECM 1 OK 00' 26 TOWN of ESTES PARK ESTES PARK Utilities Department COLORADO INTER-OFFICE MEMORANDUM DATE: July 10,2008 TO: Utilities Committee FROM: Jeff Boles SUBJECT: Marys Lake Treatment Plant Expansion BACKGROUND A General Contractor/Construction Bid Opening was held on June 26,2008 for Mary's Lake WTP Expansion Proiect. The proiect Design Engineer's, HDR Engineering, prequalified eight construction companies to bid on this proiect. (Attachments: Engineer's recommendation /etter and bid tabulation sheet) Total Bid General Contractor (includes bid alternatives 1.2 and 3) Asian Construction, Inc. $3,574,411.00 Garney Construction No Bid Returned Hydro Construction Co, Inc. $4,545,761.00 Jennison Construction Co, Inc. $3,758,139.50 Moltz Construction, Inc. $3,477,418.50 Paramount Construction, Inc. No Bid Returned Stanek Construction, Inc. $3,655,000.00 Weaver General Construction $4,012,249.00 The total proiect cost is $5,995,766.50 which includes the lowest bid and an additional $2,518,348 for the Membrane Contract: GE Zenon Corporation. BUDGET Account # 503-7000-580-33-32 Bond Funding from The State Revolving Fund (SRF) is $5,465,000 Water Enterprise Fund - $876,000 (from a balance of approximately $3 M) RECOMMENDATION Proceed with a contact award to Moltz Construction in the amount of $3,477,418.50. Utilize funding from the State Revolving Fund (SRID in the amount of $5,465,000 and $850,000 from the Water Enterprise Fund for a total of $6,340,000 to cover proiect expenses and a 10% contingency fund. ONE COMPANY| Many SolutionsÂ·'Â· . July 1, 2008 Mr. Bob Goehring Mr. JeffBoles Estes Park Municipal Building P. O. Box 1200 170 MacGregor Ave Estes Park, CO 80517 RE: Construction Contract Award Recommendation Dear Bob and Jeff: Bids were received by the Town of Estes Park on June 26,2008, for the Mary's Lake Water Treatment Facility Improvements project. In total, there were eight pre-qualified contractois of which six submitted bids that were received and opened. The complete outcome of the bid has been summarized in the ~ attached bid summary tabulation prepared by HDR. Each contractor submitted a lunip sum price for the base bid along with three additional price bids for the three bid alternatives. The bids were evaluated on the basis of the base bid and with all alternatives added. The lowest lump sum base bid was submitted by Moltz Construction at $3,310,548.50. With the three bid alternatives added, Moltz Construction's total bid was $3,477,418.50 and was still the lowest total cost The next two lowest total bid prices were from Aslan Construction, Inc., at $3,574,411.00, and from Stanek Construction at $3,655,000.00. The engineer's estimate for the total construction cost, including the bid alternatives, was $3,191,212.00. Based on out review of the bids, coupled with our knowledge ofthe Town's available funding, HDR recommends the contract be awarded to Moltz Construction of Salida, CO, for a total contract amount of $3,477,418.50 for the base bid and the three bid alternatiVes. Please call ifyou have any questions regarding our summary or recommendations. We look forward to proceeding to the construction phase ofthis project. Sincerely, 6048&1 Sarah C Clark, P.E. Project Manager Attachment HDR Engineering.Inc 303 East 17th Avenue | Phone: (303}764-1520 Suite 700 Fax: (303) 860-7139 Denver. CO 80203-1256 . www.hdrinc.com 1 k v 2 0 :Â·a E SZ e ,=- X X 8= I- C 4 - L â‚¬ERÂ·H .0- 0 fi d c % 0 ~f -88Â· S e a E i i i 1 ae El 9 X X o l.11 I â‚¬ - 2 0.9- O :0 2 i U N C = 0 - U- ..r R 81 6 U) a * /0 k LU C - C . O 0 0 2 ug .- u u S 0= 0 0 C lit 21 - m " 3 , >< i - -a E ti~ O 8 5 0 0 Ed - 0 u, 3 2 - *r . 4 N - 90 0 & CD 0 0 - c O I *C c Ul i m 111 b xx m f 3. :i.4 1 ,~ 4 11 LII Jf el 0 0 ir d _ X X fbE P LU F - (5 - .A a m 55 Z U C U' 3- 9 C 'D E * 0 2 :0 & 3 0 S 1- 0 43 0 0 Sg 13 - .0 OC & E: E m 63 - Mi 3 1 1 2 1 0 & 3 ; 1 411- 2 ' w & ME 9 = ou,ZE Z .i -- , 2 Xt & .tz R -c Bc Ifillili b 0 0 0 - 0 - IL Â£ r " S Â·g [0 N O - U 0 N 1/ f & 2% 0 6 8 E 2 - O 8 & rn C M 9 & 9 2* i 8 -2 % 5 . 23 & 4 , g , & s & g i i e j A 1 -2 i B EE@E y k 88=ZE UD (fl .O < MI m[IZ [r [Â£ 08- CD=IJO Asian Construction, Hydro Construction. Waiver General Construction $0,464,411.00 S3,663.615.50 33,310,540,50 33,490,000.00 63,000,249.00 75 - Temporary T eatrrent d Drirklig Water GE/Zeron GE/Zenon GE/Zenon Amiad Fil:ration Systems Amiad Filtration Systems Amiad Altratioi Systems Amiad Filtraton Systerns Arniad Fi tratior Systems Amiad Filtration Systems Phladelpia Mixe' Corp. Plladelphia Mixer Corp. &%'192 Phi adalpiia Mixer Cop. Philade pha Mixer Corp. PtÂ· lade phia Mixer Corp. Sect]01 1 6285 - Var- able Frequaicy Drives - _ow Voltage o. Geneva Electic Co. Geroral Eloctle Co. Gorgral Electrc Co. Gone al Electric Co. Ggieral Elec:rle Ca 00- 000'89$ 00000'St,$ 30 189'26$ 00-000:09$ 8 Â·0,1 3"Not.Nelp~ F'.8 CLQ-CK) ple LUDJS/[S eU~OIVEÂ» g .Cfd eA[1~3.LIell'~1)! 00'62'996'â‚¬5 00 00070925 05'IDS'9211'EE 00 ILL'66D'DS 05.890#11'CS 00'LLD'DLS'ES 00'000'SES 00-000'SES 00'09â‚¬ts* 00-000 6Â£$ Â£ ON â‚¬AINUJOIV P R 04 .00 00'6te' LGS'CE 00 '000 '059 * 05'0,9'09*'CE 00'160'026'* 05 0048*Zte 00'&6*'645'CE 00 000'13$ 00 000'61$ 00'029'9 LE 00' Le:'6* 00 000 CES r 'ON GABI'Je~1Â¥ P 8 00 '6*Z'BIO'DS 00 000'550'ge 05'9,D'Â£4,'ES 00 tel'Sts'ts 09-651792'55 00-KLP'NS'CS ~RIO.1. s8Ut.woo leuoller, 96 uneor> leLOIWN sBLIWOO le.JOINN saulleoo puoWN du 1300 le,o leN sau jeoo le.tolleN 1 OUJU.InM paulioped Jes peul,oved-lies peLLUoved-mes paul,oved-JIOS pelum"ed-Jies Jonnicon Construction Moltz Construction Stanok Construction Sectloi 134Â£1 - Contrc~ Loop Descrptions (SCADA Progamrnllg) telecornmu'lications teecor,Im~=tion: tele telecorrmun cations telecorminications tel S,tiulo~ed *BUILIJV .11 ,(JUON. 0.1-610 d 11 'sineu PJWMFUH *BLU-LIÂ¥ Moved Moved 00 1149ry Wells uoz'JOH Iwolue-]30'Al )Prol lect Estes Par s Lake Water Treatment Facility Improvements ple esed 01 suoilnmsqns 'O suononper] 'su D 'ON *Al]ELUMIÂ¥ AS + (SluealeAOI lue#S out,0141) 2 91 0,\40LUOIN PI Submlttod with BId vements) + E~d~Nterr loct Number: S sjo,oe.nuooqns 10 1911 ey JUglolee,teld) L (-~ BAL TOWN of ESTES PARK ESTES PARK Utilities Department COLORADO INTER-OFFICE MEMORANDUM DATE: July 10,2008 TO: Utilities Committee FROM: Jeff Boles SUBJECT: Design Policies and Standards Update - Contract Award BACKGROUND The current Water Department Design Policies and Standards were created by Black & Veach in 1989 and currently need to be updated to reflect industry and system changes. These policies and standards contain the basis for all of our construction standards, working in right-of- way requirements, types of available material, installation practices, and all of our contract and insurance requirements- all of which have changed since 1989. All contractors who wish to build infrastructure for the water department are required to purchase and follow these designs and standards. This year, there is adequate funding in the Engineering account to accomplish this proiect. We have several large proiects on the horizon which will require the extensive use of these updated policies and standards. (Attachment: Scope of Service and Bid Tabulation from RG Consu/ting Engineering) Request for Proposals were sent to the following engineering firms for the work. Nolte & Associates - $23,083 Landmark Engineering - $26,850 RG Engineers - $9,770 HDR- $22,238 Stantec Consulting - $ 24,116 BUDGET Account #503-6500-560-22-02 has adequate funds available for this proiect. RECOMMENDATION Proceed with the Proposal from RG Engineers to update the Department's Policies and Design Standards at a cost of $9,770. 19 Â©Â©[[88[mottong @[[890[mÂ®@17Â©9 0[[8Â©0 t=9 June 27,2008 Mr. Jeff Boles Town of Estes Park - Water Department P.O. Box 1200 Estes Park, CO 80517 RE: Proposal for Revision of the Estes Park Water Utility Policies and Design Standards Dear Mr. Boles: RG Consulting Engineers, Inc. (RGCE) is pleased to present this proposal to provide engineering services for the above referenced project. Established in 1986, RGCE provides civil engineering, planning, design, and construction administration for public and private clients. Over the past 22 years, our clients have been predominately municipalities, special districts, and public agencies. As a result, we have developed a diverse multi-disciplined staff of 38 professional and technical personnel, including 13 licensed professional engineers, a licensed land surveyor, a certified planner, designers, construction managers and administrative staff. Our staff has considerable experience in the design and construction of water and wastewater systems. Our water system design and construction experience includes water distribution systems, water treatment plants, pump stations, storage facilities, wells and diversion structures. In addition, our staff has experience in assisting our municipal clients in pursuing grants for water and wastewater facility improvements. We have previously worked with the Town of Superior, the City of Dacono, the Town of Gilcrest, the City of Black Hawk, Parker Water and Sanitation District, Stonegate Village Metropolitan District, and other municipal and special district clients to develop and implement water utility policies and design standards. We have considerable experience in the design and construction of water system improvements in high altitude and cold weather areas that are similar to Estes Park. This proposal includes a discussion of our understanding of the scope of services to be provided for the revisions to the existing Estes Park Water Utility Policies and Design Standards. The enclosed proposal also contains the estimated "not-to-exceed" fee for providing the above described services. We appreciate the opportunity to submit this proposal to the Town of Estes Park. Sincerely, RG CONSULTING ENG~ERS, INC. James R. Landry, P.E. Project Manager 1331 17th street â€¢ suite 710 â€¢ denver, colorado 80202 â€¢ (303) 293-8107 fax (303) 293-8106 Town of Estes Park Revision of Water Utility Policies and Design Standards DELIVERABLES Finally, we will submit twenty-four (24) sets of printed and bound copies of the 2008 Park Water Utility Policies and Standards for use by the Town and as a reference for parties interested in developing property within the Town. RGCE will also submit one (1) electronic set of policies and standards (including Microsoft Word format, portable document format, and Autocad 2007 files of standard details) in a printer friendly format that can be printed by the Town as needed. COST The estimated total manhours and costs to complete the project tasks are listed on the attached spreadsheet. The maximum not-to-exceed fee to complete the tasks described in this proposal is $91770. 2 ~ RG Consulting Engineers, Inc. Town of Estes Park Revision of Water Utility Policies and Design Standards SCOPE OF SERVICES RGCE will provide engineering services to modify and update the existing Estes Park Water Utility Policies and Standards, dated July 1989. Our plan to perform the work is to engage the Town's utility staff to determine which parts of the existing standards are currently effective for the Town and to identify problem areas in the standards and provide revisions based on the input received from the Town staff. The Scope of Services which RGCE will provide are described below: INITIAL PROJECT MEETING Upon executing a contract with the Town and receiving a notice to proceed with the services, the RGCE project manager will schedule a meeting with the Town staff. The meeting will be utilized to establish lines of communication, get a feel for where the Town standards may currently be lacking, and present possible additions and revisions to the standards that we have previously identified. UPDATE DESIGN STANDARDS RGCE will update the water utility policies, design standards, and technical specifications utilizing input from the initial meeting with Town staff and our experience with writing water system standards for other entities within Colorado. We plan to use several different sources of reference material during the preparation of the revised standards including the American Water Works Association, ASTM International, and local Colorado agencies such as the Denver Water Board. PREPARE WATER DETAILS IN AUTOCAD The second task in the proposal is to prepare preliminary construction details in Autocad 2007 format. The details will be based on standard construction practices and materials used in Colorado and modified for use in high altitude and cold climate areas as applicable. REVIEW DRAFT OF REVISED STANDARDS A draft of the revised standards will be provided to the Town staff for review and discussion. After an appropriate review period, RGCE will meet with the utility department representatives to review the Town's comments and how best to incorporate them into the final standards. The draft standards will be updated to include the comments received at the review meeting and a final draft will be forwarded for review by the Town. PRESENT REVISED STANDARDS The final version of the revised Estes Park Water Utility Policies and Standards will be presented at the October 2008 Utilities Committee meeting. RGCE staff will highlight the changes made tb the standards, so that members of the utility committee will be aware of any revisions to Town policies that may affect their work. 1 ~ RG Consulting Engineers, Inc. . 000 00 000 CD 01 0 00000 9 9 . *mal *Â§ h LO M 0-3-N - 4 <44 r- v- (41 â€ž . 6406,>64 69 44 ieee - 64â‚¬044 B. 2!Rco W CO e NON O - 00 00 01 '9 - CNI M T - p $ co CD 00 01 N (0 go 1 4- 0 N 1 I (0 4 N 4 0 N .2 E 2 8 â‚¬ R , 22 2 2: 2 0 1 8 0 0 -2 E i 0 0 C a I . ' a . 1 1. 1 1 4 g E B a E CO â‚¬ 2 2~ . (0 -O . a c" 2 1 CO <N 22% 8 li* 92 4 2.0 911 n ~ .,00 = 2 200 0 1- 0= 0: Cad: HE 1,080 OZZ'6 $ *LE - 4- - seofies Bupeeulaug lejoi 009$ WATER UTILITY POLICIES AND DESIGN STANDARDS COST AND MAN-HOUR ESTIMATES BY TASK 100 $ 80 $ 60 $ 45, COST+10% ESTES PARK Rate Schedule $/HR eeÂ»!U:WOO sen!140 8 101 Je i uoqujuese43 P UPDATE POLICIES AND DESIGN STANDARDS spreleulnse }soo tesodo.ld\90-ZE-9 lesodO*] sp,epuele utilsaa jeleAA\)Peel salsa\PJOMUIM\0Â£09\0000\ M #1 - Update Ddsign Standards date~SG~noen~lu:Â©223 Standards w Standards with Town ff Drawings per Co Task #2 - Prepare Water Details in Autoc e pjepuele jo se!doo pejuud Off Meeting etail Drawings 28 sesuedxa W la- 9# 4591 TOWN of ESTES PARK ESTES PARK Utilities Department COLORADO INTER-OFFICE MEMORANDUM DATE: July 10,2008 TO: Utilities Committee FROM: Jeff Boles SUBJECT: YMCA Bulk Water Emergency Tap BACKGROUND After drought and low water supply conditions in 2002 the YMCA of the Rockies requested to enter into an Emergency Supply Agreement with the Town of Estes Park in the event that either a raw water or finished water supply depletion occurred the YMCA could receive service from the Town's water supply. In 2003 the Town of Estes Park entered into a five year agreement with the YMCA, this agreement expired in January of this year and the YMCA is requesting to enter into another year Emergency Supply Agreement. (Attachment: YMCA Emergency Supp/y AgreemenO BUDGET No budget or funding required for this agreement. RECOMMENDATION Proceed with the Emergency Supply Agreement for another five years as requested by the YMCA of the Rockies. AGREEMENT THIS AGREEMENT is entered into this day of 20 , by and between the TOWN OF ESTES PARK, a Municipal Corporation ("Town") and YMCA of the Rockies ("YMCA"). WITNESSETH: WHEREAS, the YMCA has requested a means of acquiring temporary emergency water service from the Town; and WHEREAS, the Town shall provide temporary emergency water service to the YMCA under the terms and condition of this Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. The YMCA owns and operates a .5 MGD water plant that provides treated water for approximately 4,500 people during the peak months of summer, as well as the rest of the year. The YMCA desires to purchase treated water from the Town of Estes Park on a temporary emergency basis. 2. For purposes of this Agreement: a. An emergency is defined as any occurrence, condition, or event that results in the YMCA being unable to deliver treated water to its customers. b. Temporary shall mean only that period necessary for the YMCA to alleviate its inability to deliver treated water. Temporary shall hot exceed a period of thirty (30) days without the written consent of the Town. c. During the emergency in which the Town is providing treated water to the YMCA, the YMCA shall provide all personnel and material necessary to correct the emergency condition in a timely manner. 3. The Town shall provide, through the following described connection detail, treated water from its municipal water system to the YMCA system during the emergency period. A construction plan for the following connection detail shall be provided by the YMCA and approved by the Town prior to construction. 4. The YMCA shall install a service line, lockable master valve, and master meter vault and backflow prevention connection to the Town's system. The master meter and lock shall be provided by the Town, but paid for by the YMCA. -1- The backflow preventer shall be tested annually during the term of this Agreement by a Colorado Certified tester of backflow prevention devices. Also, said device shall be tested by a Colorado Certified Tester within five (5) working days of the initiation of any temporary water service through the connection. A water sample test cock (1/2" hose bib) shall be installed in the master meter pit ahead of the lockable master valve. This test cock is for the sole purpose of testing water quality. Two pressure gauges shall be installed on the service line, one as it enters and one when it leaves the vault. A service valve shall be installed 5-7 feet upstream from the master meter vault and remain off except during an emergency. 5. The YMCA shall notify the Town of its desire to connect to or disconnect from the Town's water system. The Town shall connect the YMCA's system to the Town's system through the master meter and a lockable valve and disconnect the same upon request by the YMCA All costs of connection and/or disconnection ofthe master valve shall be the responsibility of the YMCA. 6. At the time of connection of the YMCA's distribution system to the Town, the YMCA water plan providing water to the system shall be disconnected so as to prevent any cross-connection of both systems. The parties agree to cooperate to facilitate the prompt return of the YMCA's water system to its full capacity as soon as possible upon termination of the temporary water service. 7. The Town shall charge and the YMCA shall pay the town's "bulk water rate" for all Town water used by the YMCA. Said "bulk water rate" shall include any future amendment, or change in the "bulk water rate" by the Town. 8. The YMCA agrees that Its water system, including service line and meter vault, shall not become or be made pan of the Town's water system. The YMCA shall be responsible for all maintenance of its water system. 9. The supplying of water to the YMCA system by the Town shall be subject to all rules, regulations and ordinances of the town of Estes Park except where such rules, regulations and/or ordinances are specifically amended by the Agreement. 10. The Town's obligation to provide treated water to the YMCA pursuant to this Agreement shall be dependent on the normal operation of the Town's water system. If at the time of the request for and provision of emergency water service the Town's water system is not capable of providing treated water to the -2- YMCA's system including, but not limited to, water quality, (high turbidity) main breaks, water shortage, water rationing, major fire, failure or inability of the Town's Treatment Plants to treat water, or the provision of treated water to the YMCA's system would be detrimental to the Town's existing customers, the Town will be relieved of its responsibility to provide treated water under the terms and conditions of this Agreement. 11. The treated water delivered by the Town to the master meter shall meet the Colorado Depanment of Health standards applicable to the Town's water system. The Town, however, will not be responsible for water quality after it enters the YMCA system. 12. Time is of the essence of this Agreement, and in the event of any default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days notice in writing of said default. If said default is not cured within said 10-day period, this Contract shall be deemed to have been terminated for said default and the non-defaulting party shall be entitled to all damages incurred by reason of said default, including all reasonable attorneys' fees and court costs. In the event, however, the non-defaulting party elects to treat this Contract as being in full force and effect, the non-defaulting party shall have the right to an action for specific performance and damages. 13. Any notice given by one pany to the other under this Contract shall be deemed effective when mailed, sufficient postage prepaid, and certified as follows: Town of Estes Park YMCA of the Rockies Attn: Town Administrator Attn: Scott Pope P.O. Box 1200 P.O. Box 20800 Estes Park, CO 80517 Estes Park, CO 80511 Or at such other address as the parties may designate in writing. 14. This Agreement shall be binding upon and inure to the benefits of the parties hereto, their respective heirs, personal representatives and assigns, as the case may be, and shall be a covenant running with the land. 15. This instrument contains the entire agreement between the parties with respect to the transaction contemplated herein, and no representations are relied upon that are not set forth herein. This instrument may be amended only by agreement in writing, signed by both parties hereto. 16. This Agreement shall remain in force and effect for a period of five (5) years from the date of this Agreement. The Town and the YMCA agree that not less than 180 days prior to the expiration of this Agreement, both panies shall jointly review -3- .. . 1 , the Agreement for the purpose of considering the advisability of extending, altering, or modifying this Agreement. 17. This Agreement shall not be construed to require the YMCA to connect to the Town's municipal water system as a permanent source of water for the YMCA propeny. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day , and year first above written. TOWN OF ESTES PARK, a Municipal Corporation BY: Mayor ATTEST: Town Clerk YMCA OF THE ROCKIES Br Rt. Daf-H~(~ President/CEO V ATTEST: I 1 1 #&444 ExecutWe Assistant/Assistant Secretary of the Corporation -4-