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AGREEMENT
THIS AGREEMENT is made this -1£ day of December, 1986, by and between the Colorado Water Resources and Power Develop-ment Authority (the "Authority"), a political subdivi-sion of the State of Colorado, and the Upper Gunnison River Water Conservancy District, a political subdivision of the State of Colorado (the "Gunnison District") and the Colorado River Water Conservation District (the "River District")
(collectively the "Joint Applicants").
WHEREAS, the Joint Applicants have submitted an Applica-tion for a Phase I Feasibility Study to the Authority for a Phase I Feasibi l ity Study of water rights management and facilities in the Upper Gunnison-Uncompahgre River Basin (the 11 Project 11
) ;
WHEREAS, the United States Bureau of Reclamation ( "BuRec" ) , the Col or ado Water Conservation Board ( "CWCB") , the Uncompahgre Valley Water Users Association (the "Water Users Association"), the Tri- County Water Conservancy District (the "Tri- county Distr ict" ) and the Colorado Division of Wildlife ("Di vision of Wildlife") (collectively the "Participants") wish to participate in the proposed Study;
WHEREAS, the Authority wishes to perform a Phase I Feasibility Study on the Project;
NOW THEREFORE, the parties hereto agree as follows:
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1. Phase I Upper Gunnison-Uncompahgre Feasibility study.
The Authority will undertake a Phase I Feasi-bility St udy of the proposed Project (the "Study" ) in
accordance with the terms and conditions hereof, including: A. Cost.
The Costs of the Study, as hereinafter defined, shall not exceed $550,000. The joint Applicants shall contribute the sum of $30,000.00 to the Study each year, for a total of $60,000.00. Pursuant to the request of the CWCB under the State Technical Assistance Program, the BuRec shall contribute up to $40,000 in in- kind services annually, for a total of up to $80,000 in in-kind services.
Contributions by the Joint Applicants shall be made to the Authority in quarterly installments of $7,500, with the first installment due on or before the last day of the first full month following execution of a contract between the Authority and a Consultant for conduct of the Study. Payments shall continue until the Study is completed or terminated, or until the Joint Applicants have contributed the sum of $60,000. However, payments to be made in 1988 are subject to fund availability through the Joint Applicants' budget and appropriation processes. Funds contributed by the Joint Applicants shall be segregated by the Authority and used solely for payment of Costs of the Study .
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The balance of the Costs of the Study shall be paid initially by the Authority. The Authority shall determine, in its sole discretion, the amount of funds to be expended on the Study.
B. Plan of Study.
The Authority and the Joint Applicants, after consultation with the Technical Steering Committee and any consultant or consultants selected for the Study, shall develop a Plan of Study ("POS") for the Study. The POS shall be derived from the preliminary scope of work attached hereto as Exhibit A.
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Consultant.The Authority, with the concurrence of the Technical Steering Committee, shall select and retain a
consultant, or consultants, (the "Consultant, " whether singular or plural) to perform the Study.
D. Permits and Licenses.
The Authority shall obtain any necessary permits, rights of way, access, easements, or licenses for carrying out the Study.
E. Supervision.
The Authority shall supervise the Consultant's performance of the Study, as well as any in-kind services performed by the Joint Applicants and any Participants.
F. Public Information .
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The Authority, in consultation with the Joint Applicants, may develop and carry out a Public Information
Program for the Study. G. Decisions.
All final decisions pertaining to the conduct of the Study and all directives about the Study shall be the responsibility of the Authority, which shall receive direc-tion from the Technical Steering Committee.
2. Technical Steering Committee. A. Formation.
A Technical Steering Committee shall be formed to consist of one representative appointed by each of the following organizations: the Authority, the Gunnison District, the River District, the BuRec, the CWCB, the Tri- County District, the Water Users Association, and the
Division of Wildlife.
B. Role of Technical Steering Committee. The Technical Steering Committee shall:
(1) Review the qualifications and proposals submitted by proposed consultants for the study, and report to the Authority their recommendations thereon;
(2) Review the POS proposed for adoption by the Authority and advise thereon;
(3) During the course of the Study, meet periodically to review the progress of the Study and to
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provide direction to the Authority concerning the conduct of the study.
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Authority of the Technical Steering Committee. The Technical Steering Committee shall have an advisory and review role; all final decisions and directives concerning the Study shall be the sole responsibility of the Authority.D. Costs of the Technical Steering Committee. The Authority shall not be responsible for the costs of participation in the Technical Steering Committee of any persons other than its own delegates, agents, and employees.
3. Advisory Committee. A • Formation.
The Authority and the Joint Applicants, after consultation with the Participants, shall establish an Advisory Committee for the Study, which committee shall include such persons as the Authority and the Joint Appli-cants may deem appropriate.
B. Role of Advisory Committee. The Advisory Committee shall:
(1) Review the POS proposed for adoption by the Authority and advise thereon;
(2) During the course of the Study, review periodic and interim reports of the Consultant, and advise thereon; and
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(3) Advise the Authority and the Joint Applicants regarding the progress of the Study and the per
-formance of the Consultant, and make recommendations about the performance of the Study.
C. Authority of the Advisory Committee.
The Advisory Committee will hold an advisory role; all final decisions and directives concerning the Study shall be the sole responsibility of the Authority.
D. Costs of the Advisory Committee.
The Authority and the Joint Applicants shall not be responsible for the costs of participation in the Advisory Committee of any persons other than their own dele-gates, agents , and employees.
4. Costs, Repayment, and Ownership of study . A. Costs of the Study.
The Costs of the Study shall include: costs and expenses of the Consultant paid pursuant to the employ -ment agree-ment between the Authority and the Consultant;
internal administrative costs of the Authority allocable to the Study; costs of Authority personnel allocable to the Study; legal expense of the Authority allocable to the Study; costs and expenses of the Public Information Program under-taken for the Study; costs and expenses of any permits or licenses acquired for the Study; and any and all other out-of-pocket costs or expenses for the Study. All Costs of the study, other than those amounts contributed by the Joint
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Applicants and Participants, shall be paid initially by the Authority. The Authority shall keep separate accounts of all
Costs of the Study.
Any and all costs incurred by the Joint Applicants or any Participants in connection with the Study shall be borne solely by the party incurring the costs.
B. Repayment.
This Agreement is made with reference to C.R.S. §37- 95-107 . Costs of the Study initially paid by the Authority shall be repaid to the Authority by the Joint Applicants, their successors or assigns, prior to the start
of any construction or other implementation of the Project or
any component thereof as defined pursuant to Paragraph 6 hereof; provided, that such repayment may be made out of
funds generated by bonds issued by the Authority for
construction of the Project, in accordance with the financing
arrangements for such construction; and provided, further,
that if the Project shall be found to be not feasible, then the Joint Applicants shall not be required to repay any Authority costs hereunder.
C. Use of the Study.
Until such time as all costs of the Authority expended in connection with the St udy are repaid in full and the terms and conditions of this Agreement are fully perform-ed by the Joint Applicants, the Study, all progress reports
and other interim reports, and all other materials and data
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related to the study and t he work of the Consultant shall not be used by any entity without express written authoriza-tion of the Authority and the Joint Applicants. The parties agree that the Study, all progress reports, and other interim reports, and all other materials and data related to the Study and the work of the Consultant may be used in support of applications in Water Court for findings of reasonable diligence with respect to existing decreed conditional water rights of the Joint Applicants, the Water Users Association, and the Tri-County District.
5. Past Studies and Information and Cooperation.
The Joint Applicants shall supply to the Authority all past studies, data, and information in their possession or subject to their control dealing with the subject matter or related matters to the proposed Study. The Joint Appl i -cants shall furnish to the Authority any rights of access, way, or entry which are within their possession and control and which are useful to the prosecution of the Study.
The Joint Applicants will cooperate with and assist the Authority t o develop the POS; to obtain any and all necessary permits, rights of way, access, easements, or licenses for completion of the Study; to develop and carry out a Public Information Program in connection with the study; and to assist the Authority in the performance of the Study.
6. Identification of Project Configuration.
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The definition of the components and configuration of any Project which may be pursued as a result of the Study shall be made by the Joint Applicants with the approval of the Authority. The Joint Applicants shall define the components and configuration of any Project in good faith, and shall not define any Project in such a way as to evade or avoid compliance with C.R.S. §37-95-107.
7. First Right to Finance Project.
For and in consideration of the Authority' s services in undertaking the Study, the Joint Applicants hereby grant the Authority the first right or option to
finance the Project, on a basis competitive with other financing options available to the Joint Applicants.
8. ownership of Project .
The parties agree that if the Study identifies a Project or components thereof in accordance with Paragraph 6 above, then the parties shall by further negotiation deter -mine the allocation among themselves of ownership of such Project and allocation of Project expenses, revenues and resources.
9. Termination.
Prior to substantial completion of the Study, the Authorit y and the Joint Applicants may terminate their obligations under this Agreement with or without cause upon thirty (30) days ' prior written notice to the other parties, on the following t erms and conditions:
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A. If one of the Joint Applicants determines to terminate its participation in the Study, i t shall provide notice to the other Joint Applicant. That Joint Applicant shall then have t hirty days to decide whether to continue to participate in the Study independent of the other Joint Applicant.
(1) If the other Joint Applicant thereupon acquiesces in the determination to terminate participation in the Study, then the Joint Applicants shall together provide notice of termination to the Authority, and termination shall be in accordance with the provisions of paragraph 8.B. here -after.
(2) If the other Joint Applicant determines to continue its participation in the Study, then the termina-ting Joint Applicant shall, within thirty days of receipt of written notice of the participating Joint Applicant's election to proceed, assign and convey to the participating Joint Applicant all right, title, and interest in the Project, and any information, material, real or personal property, rights- of-way, permits, licenses, records, easements, water rights, water decrees or filings, which have been acquired in the course of the Study, and all other items in its possession or control which relate to or are a part of the Project and the completion of the Study. The terminating Joint Applicant shall not be required to assign any existing decreed water rights owned by i t prior to the date of this
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Agreement. The terminating Joint Applicant shall forfeit all
sums previously advanced to the Authority for the conduct of
the Study, and all interest in any Project identified as a result of the Study. Thereafter, the terminating Joint Applicant shall bear no further liability to contribute funds for the Study, or to repay to the Authority the Costs of the Study.
B. If the Joint Applicants together terminate this Agreement, the Authority shall have thirty (30) days to determine whether to terminate the Study or to proceed with the study independently.
(1) If the Authority thereupon acquiesces in
the Joint Applicants' decision to terminate the Study, the
Authority shall promptly take such actions as are necessary
to terminate all Study activities. The Joint Applicants
shall immediately become liable to repay to the Authority all Costs of the Study borne by the Authority up to actual termination of the Study, including all costs and expenses associated with or caused by the premature termination of the Study.
(2) If the Authority determines to proceed independently, then the Joint Applicants shall, within thirty (30) days of receipt of written notice of the Author
-ity's election to proceed, assign and convey to the Authority all right, t i tle, and interest in the Project, and any information, material, real or personal property, rights-of
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way, permits, licenses, records, easements, water r ights, water decrees or f ilings, which have been acquired in the course of the Study, and all other items in their possession or control which relate to or are a part of the Project and the completion of the Study. The Joint Applicants shall not be obligated, however, to assign any existing decreed water rights owned by them prior to the date of this Agreement. The Joint Applicants shall forfeit all sums previously advanced to the Authority for the costs of the Study, and all interest in any Project identified as a result of the Study. Thereafter, the Joint Applicants shall bear no further liability to repay to the Authority the Costs of the Study.
C. If the Authority terminates this Agreement, then the Joint Applicants shall have thirty (30) days to determine whether to proceed with the Study and consideration of funding and construction of the Project independently. In such case, the Authority shall, within thirty (30) days of receipt of written notice of the Joint Appl icants' election to proceed, and upon payment of all costs involved in effecting such assignment or conveyance and express assump-tion of the obligaassump-tion to pay any future costs for the same, assign and convey to the Joint Applicants to the extent possible: its rights and obligations under the employment agreement or agreements with the Consultant all permits, rights of way, access, easements, or licenses theretofore obtained for the completion of the Study; and copies of
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complete and unfinished portions of the Study as prepared by the Consultant. The Joint Applicants, their successors or
assigns, shall remain obligated to repay the Authority for the Costs of the Study as set forth in paragraph 4B above, and such obligation shall survive termination of this Agreement by the Authority; provided that if the Joint Applicants, their successors or assigns, elect not to proceed with the study or funding and construction of the Project independently, then the Joint Applica~ts, their successors or assigns, shall not be obligated to repay the Authority for the Costs of the study.
D. The parties may by mutual agreement determine to terminate the Study. In such case, the Joint Applicants shall be liable for payment of the actual cash expenditure on the Study (defined to include all Costs of the Study, including termination costs, except internal administrative costs of the Authority allocable to the Study and costs of Authority personnel allocable to the Study) represented by the ratio of the Joint Applicants' total cash contribution hereunder to the total anticipated cash expenditure for the completed Study. If the Joint Applicants' contributions prior to termination of the Study are insufficient to cover the amount due, the Joint Applicants shall remit the sum required to the Authority. If the Joint Applicants' contri -butions prior to termination exceed the amounts due, the Authority shall remit the excess to the Joint Applicants. No
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further repayment of the Costs of the Study shall be required of the Joint Applicants.
10. Copies of Study.
At the conclusion of the Study, the Authority shall furnish the Joint Applicants up to fifty (50) copies of the final report.
11. Notices.
All notices required or permitted to be given hereunder shall be in writing sent by registered or certified mail, and shall be deemed delivered upon deposit in the United States mail addressed as follows:
If to the Gunnison District:
Upper Gunnison River Water Conservancy District Attention: Richard Bratton, Attorney
P.O. Box 669
Gunnison, Colorado 81230 If to the River District:
Colorado River Water Conservation District Attention: Secretary-Engineer
P.O. Box 1120
Glenwood Springs, Colorado 81601 If to the Authority:
Colorado Water Resources and Power Development Authority Attention: Executive Director Suite 620
1580 Logan Street
Denver, Colorado 80203
These addresses may be changed by written notice. 12. Assignment.
This Agreement shall be binding upon the parties hereto and their successors and assigns; provided that no
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party hereto shall assign any of its rights or obligations hereunder without the prior written consent of the other party.
13. Entire Agreement.
This Agreement constitutes the entire understanding of the parties hereto with regard to the subject matter hereof and shall not be modified or amended except by a written instrument signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.
COLORADO WATER RESOURCES AND ~ E R DEVELOPMENT AUTHORITY
Thp~a~
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Chairman
Williams. Trampe, Chai Board of Directors
-R land C. scher, Secretary ___ __,,
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COLORADO RIVER WATER CONSERVATION DISTRICT
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Exhibit A
Movember 17, 1986
Upper Gunnison - Uncompahgre Project Phase I - Feasibility Study
PRELIMINARY SCOPE OF WORK
The purpose of the study is to formulate a v,ater management pl an consist-ing of structural an~ non-structural project components which would optimize the availability and use of water and hydropower resources by users within the Gunnison River Basin. The following is a preliminary list of study tasks.
1 Collect and Review Existing Data
1-a
1-b
1-c
1-d 1-e
Existing Reports Streamflow Data
Maps and Aerial Photos ~later Use and Water Rights Existing Demand Forecasts
2 Describe Existing Water Supply Systems and Recreational Facilities 2-a Prepare Base Maps
2-b Inventory Entities and Uses 2-c Identify Anticipated Changes 2-d Identify Areas vtith Deficiencies 3 Assess Basin Hydrology
3-a Select Models
3-b Prepare and Ca 1 i brate ~later Rights Mode 1
3-c Prepare and Calibrate Reservoir Operation Model 4 Project Demands
4-a Forecast Population
4-b Forecast Agricultural Demands 4-c Forecast Mun~cipal Demands 4-d Review Power Forecasts
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5 Evaluate Recreational and Environmental Enhancement Opportunities 5-a
5-b 5-c
Identify Potential Areas
Field Surveys and Site Inventories
In-stream Flow Enhancement for Fisheries and Recreation
6 Compare Supply with Forecasted Demands and In-Stream Flow Enhancement 6-a Operate \.later Rights Mode 1
6-b Reservoir Operation Modeling
7 Select Plan Evaluation Criteria 7-a Technical
7-b Economic 7-c Environmental 7-d Institutional
8 Non-Structural Plan Ccmponents
8-a Increase Stream Access and Rights-of-way 8-b Water Management Measures
8-c Institutional Measures 8-d Screening of Alternatives
9 Structural Plan Components
9-a In-basin Water Transfer Components 9-b In-basin Structural Components 9-c Transmountain Diversion Components
9-d Basin-wide Screening of Hydropower Components (Conv.
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P.S.)10 Formulate and Evaluate Alternative Plan Combinations 10-a Formulate Ccmbinations
10-b Evaluate Combinations 10-c Reformulate Alternatives
10-d Evaluate Potential for Staged Development
11 Identify Environmental Impacts and Potential Solutions
12 Evaluate Potential Financing Strategies 12-a Water Sales
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12 Evaluate Potential Financing Strategies (Continued) 12-c 12--d 12-e Power Sales Taxing Structures Other
13 Select Preferred Plan(s)
13-a Select Preferred Plan(s)
13-b Evaluate Financial Feasibility of Selected Plan(s) 14 Report Preparation
14-a Available Resources (Tasks 1-3) 14-b Demands/Needs (Tasks 4-5) 14-c Modeling (Task 6)
14-d Selection Criteria (Task 7)
14-e Formulation and Evaluation of Plans (Task 8-11)
14-f Financial Strategies (Task 12)
14-g Plan(s) Selection and Geotechnical Investigations (Tasks 13 and 14) 14-h Final Report
15 Meetings - Technical Steering and Advisory Committees and Public Involvement
16 Prepare Plan-of-study for Feasibility-level Evaluation 17 Optional Task: Preliminary Geotechnical Investigations
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COLO
RADO WATER RESOURCES
&
-~ # ~ Mr. Robert Looper HOR Infrastructure ~1100 Capitol Life Center
Denver, CO 80203-1690
POWER DEVELO
PMENT AUTH
O
RITY
Logan Tower Bldg. - Suite 620, 1580 Logan Street. Denver. Colorado 80203
303/830-1550
June 8, 1987
RE: Upper Gunnison-UncOOl)clhgre Basin Study
Dear Bob,
Pursuant to the passage of Resolution 87-12 by the Authority Board of
Direc-tors on June 5, 1987, you are hereby authorized to proceed with the subject study
in accordance with the terms of the contract .
The certificates of insurance required under the contract have been received
and reviewed We believe the insurance coverage described on the certificates
meets our contract requirements. However, a 11 coverages except for the
profes-sional liability coverage have expiration dates of June 1, 1987. In a May 22.
1987 letter, Louis J. Pachman of your Omaha office stated, "Should there be a
delay in the renewal, we will arrange to provide the Authority with a binder
pending the issuance of the policies.11 This authorization to proceed is
contin-gent upon having the new policies or binder in effect.
Copies of the new certificates should be sent to the Authority as soon as
possible to avoid cancel lat ion of the contract. In the future, please make note
of all renewal dates for the insurance policies and provide the Authority with new
certificates prior to the expiration dates.
Thank you for your cooper at ion on this matter. \~e look forward to working
with HOR on this study.
Very truly yours,
-n!~~r
Blaine Dwyer. P.E. Project Manager • BD/m cc: John Carlson Mary Halllllond...
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CONTRACT
THIS CONTRACT is made as of the __ day of _ _ _ _ , 1987, by and between the Colorado Water Resources and Power Development Authority (the "Authority"), a political subdivision of the State
of Colorado, and HOR Infrastructure, Inc. (the "Consultant"). WHEREAS, the Authority desires to prepare a Phase I Feasibility study on water rights management and facilities to be located in the Upper Gunnison and Uncompahgre River Basins of Colorado, and to be known as the Upper Gunnison-Uncompahgre Project (the "Study"); and
WHEREAS, the Authority has the power to cause the Study to be made pursuant to §37-95-107, Colorado Revised Statutes 1973, as amended; and
WHEREAS, the Colorado River Water Conservation District ("CRWCD") and the Upper Gunnison River Water Conservancy District ( "UGWCD") have filed a joint application for the Study and have entered into a contract dated December 12, 1986, with the Authority with regard thereto; and
WHEREAS, the United States Bureau of Reclamation ("BuRec"), the Colorado Water Conservation Board ( "CWCB") , the Uncompahgre Valley Water Users Association (the "Water Users Association"), the Tri-County Water Conservancy District (the "Tri-County District") and the Colorado Division of Wildlife ( "Division of Wildlife") ( collectively the "Participants") wish to participate
in the proposed study; and
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WHEREAS, the Consultant represents that i t is a professional engineering firm that has the experience and expertise required to complete the Study in a sat isfactory and t imely manner; and
WHEREAS, §24-30-1401, et seq. , Colorado Revised Statutes 1973, as amended, has been complied with and the certificate required of the Consultant by §24- 30-1401, et seq. , Colorado Revised Statutes 1973, as amended, has been executed by the consultant, is attached hereto as Exhibit A, and by this refer
-ence is incorporated herein as if the same had been fully set forth in the body of this contract; and
WHEREAS, this Contract is made and will be performed in the State of Colorado;
NOW THEREFORE, i t is hereby agreed that:
1. Services by the Consultant. The Consultant shall, in consideration of the compensation to be paid to it by the Authority pursuant to paragraph 2 below, complete the study tasks and analyses and provide the services specified in Exhibit B, Plan of Study, attached hereto and incorporated herein by this reference.
2. Payment.
A. Amounts to be paid.
the consulting services t o be Authority shall pay Consultant:
For and in consideration of provided by Consultant, the
(1) Consulting fees; and
( 2) Direct expenses as set forth in paragraph 2.B(2) below;
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not to exceed a maximum of $372,900 (the "maximum contract cost").
B. Computation of Amounts. (1) Consulting fees shall be computed pursuant to the schedule of charges attached hereto as Exhibit
c,
which shall not be changed for the duration of this Contract.(2) Direct expenses are costs incurred in or directly for the study, other than
Consultant. Direct expenses shall Subconsultants approved as provided
the consulting fees of consist of: charges for in paragraph 14 below; necessary transportation costs, meals, and lodging; communication costs; equipment rentals and repair; computer services; typing, drafting, printing, binding, and reproduction charges; taxes other than those levied on the profits or income of the Consul
-tant; and such other charges as may be specifically agreed to by the Authority. Direct expenses shall be computed on the basis of actual payments made to Subconsul tan ts in accordance with the hourly rates set forth on Exhibit C for the Subconsultants there listed; actual purchase price for items obtained from commercial sources, including t ravel by commercial carrier, not to exceed coach or economy fares; 25 cents per mile for travel by personal automobile, and 35 cents per mile for four-wheel drive vehicles; and usual commercial charges for items provided by Consultant.
c.
Cost estimates. Cost estimates for consulting fees, subconsul tant charges, and direct expenses for each task•
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are set forth in Exhibit D. Such cost estimates shall not be
exceeded without prior approval of the Authority .
D. Mode of Payment. Payment shall be made as
follows:
( 1) Consultant shal 1 submit monthly invoices by
the twentieth day of each month, beginning in July, 1987. The
monthly invoices shall detail the work performed, hours spent,
and direct expenses incurred during the previous month, itemizing these items by task and including the following cost-per-task
information: previous billings, billing to date, budgeted
amounts, remaining funds, and percent complete. Copies of all
invoices received from Subconsultants for which reimbursement is sought shall be attached, and Consultant shall provide any
additional documentation of charges ( including receipts, time
sheets, time breakdowns, or other documents) at the request of
the Authority.
(2) The Authority shall pay 90% of each approved
invoice within 45 days of receipt. Approval of invoices shall
not be unreasonably withheld.
(3) The Authority shall retain 10% of each
approved invoice until Consultant has completed the study to the
satisfaction of the Authority, and delivered
copy of the Study, 250 copies of the Study,
one camera-ready 500 copies of an executive summary of the Study not to exceed 50 pages, together with a camera-ready copy of the summary,
copies of all supporting documentation,
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and, upon request, two appropriately indexed .
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Upon such delivery of the Study, Consultant shall submit its
invoice for final payment and payment of the retainage, accom
-panied by a letter certifying that i t has no further claims to
make for compensation or reimbursement under this Agreement, and
appropriate evidence that all Subconsultants have been fully paid
by Consultant.
3. Time of Performance. The Consultant shall complete the
study tasks and analyses and provide the reports specified in
Exhibit B, Plan of Study, by January 31, 1989.
4. Partial Completion. In the event that this Contract is
terminated by the Authority pursuant to paragraph 17 below prior
to the completion of the study t asks,
specified in Exhibit B, Plan of Study,
analyses, and products
the Consultant shall
within 30 days of receipt of notice of termination deliver to the
Authority all information, data, and analyses gathered,
generated, or otherwise prepared by the Consultant, or its
Subconsultants during the contract study period and prior to the
date of receipt of notice of termination. The Consultant shall
be entitled to compensation for only such study tasks, subtasks,
analyses, and services as were satisfactorily performed by the
date of receipt of notice of termination. At the Authority's
request, the Consultant shall also provide a concluding memoran
-dum, describing what study tasks and subtasks have been accom
-plished, the results of such tasks and subtasks, and what study
tasks and subtasks remain to be performed. The cost of such
concluding memorandum shall be determined by negotiations between
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the parties. The parties agree that with respect to the compen-sation claimed by the Consultant under this paragraph the
Authority may, in the exercise of its reasonable discretion upon
review of the information provided by the Consultant, disallow excessive expenses and time charges for services not satisfactor
-ily performed.
5. Written Records Required. The Consultant shall be compensated pursuant to this Contract only to the extent that the Consultant and its Subconsultants maintain reasonable written
records which provide evidence of the services actually performed and expenses actually incurred.
6. Assignment. This Contract is personal in nature and may not be sold, assigned, or otherwise transferred to any other person or entity without the express written approval of the Authority.
7. Independent Consultant. The Consultant is an indepen-dent contractor, not an employee, agent, or representative of the Authority. As such, without limiting the foregoing, neither the Consultant nor any of its employees, nor any Subconsultant retained by the Consultant, shall be entitled to receive any of
the benefits of the State personnel system, or the Authority personnel system, or have any claim therefor whatsoever.
a.
Representations. The Consultant represents that theservices to be furnished under this Contract will be in accordance with generally accepted professional practices for design, scientific, and engineering consultants .
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9. Changes in Plan of Study. Changes to Exhibit B, Plan of Study, may be made at any time during t he duration of this Contract without processing an executed amendment to this Contract as follows:
A. Changes to the Plan of Study which are agreed to in writing by the Consultant and which ( 1) do not affect the compensation due the Consultant, (2) do not substantially affect the time required for completion of the Study, or ( 3) do not materially reduce the services required of the Consultant, may be
authorized, in writing, by the Authority's Executive Director. B. Changes to the Plan of Study which are agreed to in writing by the Consultant and which (1) will affect the compensation due the Consultant, (2) will substantially affect the t ime required for completion of the Study, or (3) do mater -ially reduce the services required of the Consultant, may be authorized only by Resolution of the Authority's Board of Directors.
Such agreed upon changes shall have the full force and effect of, and be subject to, the provisions of this Contract as if the same had been fully set forth in the body of this Contract at the time of its execution.
10. Authority's Project Manager. The Executive Director of
the Authority or his designee shall be the Authority's Project
Manager for this Contract. As such, he or his designee shall be responsible for taking all actions required to effect this Contract on behalf of the Authority .
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11. consultant's Principal in Charge and Project Manager . Mr. James E. Abbott shall be the Consultant's Principal in Charge of this Contract. Mr. Bob Looper shall be the Consultant's Project Manager of this Contract. As such they shall be respon
-sible for taking all actions required to effect this Contract on behalf of the Consultant. The Consultant shall not assign a different Principal in Charge or a different Project Manager for this contract, or change the office location of either person, without written approval in advance by the Authority.
12. Key Personnel. The key personnel designated for the performance of the principal tasks of this Contract by the Consultant in its proposal shall be the personnel assigned to the performance of this Contract. Any changes in these key personnel shall be subject to the approval of the Authority .
13. Subconsultants. The Consultant may, after written approval of the Authority, obtain the services of such Subconsul
-tants as the Consultant deems necessary and appropriate in the performance of this Contract. The Consultant will submit to the Authority for its review and approval, the bid or proposal information concerning costs of services, and hourly billing rates submitted by all proposed Subconsultants, and by the approved Subconsultants referred to in paragraph 14 below. All payments due such Subconsultants shall be the sole responsibility of the Consultant. Such Subconsultants shall have no claim, lien, or cause of action whatsoever against the Authority because of the Consultant's failure to make payments to any such Subcon
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sultants for services rendered and expenses, or other liabilities
incurred by such Subconsultants, and the Consultant shall obtain
acknowledgement of such fact from each Subconsultant.
14. Approved Subconsultants. For purposes of paragraph 13,
the Authority approves the Subconsultants listed in Exhibit B,
the Plan of Study, for performance of the respective tasks or
subtasks assigned to each such Subconsultant in Exhibit B, the
Plan of Study. Hourly billing rates for such Subconsultants are
set forth on Exhibit
c,
and shall not change for the duration ofthis Contract.
15. Insurance.
A. The Consultant shall purchase and maintain
insurance which will protect i t and the Authority from claims set
forth below which may arise out of or result from the
Consul-tant's services under the Contract, whether such operations be by
itself or by any Subconsultant or by anyone directly or indir
-ectly employed by any of them, or by anyone for whose acts any of
them may be liable:
( 1) claims under workers' or workmen's compensation,
disability benefit, and other similar employee
benefit acts;
(2) claims for damages because of bodily
occupational sickness or disease, or
employees;
injury, death of
(3) claims for damages because of bodily injury,
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sickness or disease, or death of any person other
than his employees;
(4) claims for damages insured by usual personal
injury liability coverage;
(5) claims for damages because of injury to or
destruction of tangible property, including loss
of use resulting therefrom; and
( 6) claims for damages because of bodily injury or
death of any person or property damage arising out
of the ownership, maintenance, or use of any motor
vehicle.
B. The Consultant shal 1, in addition, purchase and
maintain insurance which will protect i t from claims for damages
because of professional malpractice, including errors and
omissions and negligence which may arise out of or result from
the Consultant's performance of and operations under the Con
-tract, whether such operation or performance be by itself or by
any Subconsultant or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be
liable.
c
.
The Comprehensive General Liability, AutomobileLiability, and Professional Liability Insurance required of the
Consultant under subparagraphs A and B above shall be written for
not less than limits of liability as follows:
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Combined
(1) Comprehensive General Liabil ity: a . Personal Injury
$1,000,000 each occurrence $1,000,000 aggregate
b. Property Damage and Bodily Injury $1,000,000 each occurrence $1,000,000 aggregate
(2) Comprehensive Automobile Liability a. Personal Injury Protection
$100,000 b . Property Damage $1,000,000 each occurrence $1,000,000 aggregate c . Bodily Injury $1,000,000 each occurrence $1,000,000 aggregate
(3) Professional Liabil ity
$1,000,000 each occurrence $1,000,000 aggregate
D. The Consultant will supply to the Authority a certificate of each such insurance prior to commencement of the Study.
E. Each certificate of Comprehensive General Lia-bility Insurance and Comprehensive Automobile LiaLia-bility Insurance and any subsequent renewals shall provide that the coverages provided by the policy to the Authority shall not be terminated, reduced, or otherwise changed in any respect without at least thirty (30) days' prior written notice to the Authority.
Further, the Consultant warrants and agrees that i t shall provide at least thirty days (30) days' prior written notice to the Authority prior to any termination, reduction, non-renewal,
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or other change in its policy of Professional Liability insurance and any subsequent renewals.
F. The Consultant covenants and agrees that i t shall either (a) purchase so-called "tail" coverage on its existing Professional Liability Insurance to provide coverage of acti
-vities under this contract for a period of one (1) year after the conclusion of the Study and the termination of this Contract; or (b) purchase and maintain, and provide the Authority Certificates of, Professional Liability insurance in reasonable amounts and carrying retroactive dates which will provide coverage of activities under this Contract for a period of one (1) year after the conclusion of the Study and the termination of this Contract; provided that such tail coverage or insurance is available at reasonable cost . Each such certificate of insurance shall provide that the coverages provided by the policy shall not be terminated, reduced, or otherwise changed without at least thirty
(30) days' prior written notice to the Authority.
G. The Consultant covenants and agrees that if its comprehensive General Liability Insurance is a "claims-made"
policy, then i t shall either (a) purchase so-called "tail"
coverage for its existing Comprehensive General Liability Insurance to provide coverage of activities under this Contract for a period of two (2) years after the completion of the Study and the termination of this Contract, or (b) purchase and maintain, and provide the Authority certificates of Comprehensive General Liability Insurance in reasonable amounts and carrying
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retroactive dates which will provide coverage of activities under this contract for a period of two (2) years after the completion
of the Study and the termination of this Contract; provided that
such "tail II coverage or insurance is available at reasonable
cost. Each such certificate of insurance shall provide that the
coverages provided by the policy shall not be terminated,
reduced, or otherwise changed without at least thirty (30) days' prior written notice to the Authority.
16. Indemnification. The Consultant hereby agrees to
indemnify, hold harmless, and defend the Authority from all claims and liability arising out of the negligent, intentionally
wrongful, or willful, acts, errors, or omissions of the Consul
-tant, its agents and/or employees in performing the professional
services required by this Contract .
17. Termination. This Contract may be terminated, with or without cause, by the Authority upon thirty days' notice in writing to the Consultant.
18. ownership of Study. analyses gathered, generated
All information, data,
or otherwise prepared by
and the
Consultant or its Subconsultants during the performance of this
Contract, including, but not limited to: all analyses in whatever form, published reports, articles, and documents of any nature; written, typed, and printed documents; visual aids; computer programs developed for use in the Study, and all current computer input and output data, shall become the property of the Authority and shall be delivered, appropriately indexed, to the Authority
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by the consultant upon demand within a reasonable period of time prior to or after the termination of this Contract. One or more copies of all documents prepared · under this Contract may be retained by the Consultant, but shall not be used for or supplied to any third party without the written consent of the Authority.
19. Conflict with Applicable Law. If any part of this contract, including, but not limited to, any exhibit, provision, paragraph, clause, phrase or words, is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as i t is in conflict with said laws, but the remainder of the Contract shall be given full force and effect.
20. Notices. All notices, directives, and approvals relating to this Contract shall be in written form delivered in person or by United States Mail, postage prepaid, as follows:
If to the Authority:
Colorado Water Resources and Power Development Authority ATTN: Executive Director
1580 Logan Street, Suite 620 Denver, Colorado 80203
If to the Consultant: Mr. Bob Looper HDR Infrastructure
1100 Capitol Life Center Denver, Colorado 80203-1690
These addresses may be changed by written notice.
21. Legal Compliance. At all times during the performance of this Contract, the Consultant shall strictly adhere to all appl icable federal and state laws that have been or may hereafter be established .
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2 2. Fund Availability . Financial obligations of the Authority payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. The Authority shall provide notice to the Consultant if funds become unavailable. The Consultant may terminate or suspend services during any period when funds are not so made available.
23. Rights of Entry. The Consultant shall be responsible to obtain and make available any and all permits, licenses, or rights of entry, or rights-of-way required for performance of the study in a timely fashion, except where such rights-of-way are withheld for reasons beyond Consultant's control. The Consultant shall keep the Authority informed of all contacts made with individuals or entities to obtain these permits, licenses, rights of entry or rights-of-way. The Authority, the joint applicants, and the study participants shall bear no liability for the acqui -sition of any such permits, but will assist in this effort as required.
24. Discrimination and Affirmative Action. The Consultant agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (§24-34-301, C.R.S. 1973, as amended), and as required by the Executive Order: Equal Opportunity and Affirmative Action, dated April 16, 197 5. The Consultant further agrees to require the
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same of each of its Subconsul tan ts and Vendors so that such
antidiscrimination provisions are binding on each Subconsultant. 25. Choice of Law. The laws of the State of Colorado shall
be applied in the interpretation, execution, and enforcement of
this Contract.
26. Disputes. This Contract is made and performed in
Colorado, and the parties agree that the trial of any action
arising out of any dispute hereunder shall be in the District
court in and for the City and County of Denver, Colorado.
27. Contract Inconsistencies. In the event that any
provisions of the Plan of Study attached hereto as Exhibit B
should be in any way inconsistent or in conflict with the terms
and conditions of this Contract, then the terms and conditions of
this Contract shall control .
28. Specific Performance. This is a contract for per
-formance of unique services by the Consultant, and i t may, at the
option of the Authority, be enforced by an action for specific
performance.
29. survival.
require performance
termination of the
termination.
Any agreements and covenants herein which
after the completion of the Study or the
Contract shall survive such completion or
3 O. Entire Agreement. This agreement is intended as the
complete integration of all understandings between the parties.
No prior or contemporaneous addition, deletion, or other amend
-ment hereto shall have any force or effect whatsoever unless
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embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto, except as provided for in paragraph 10 above, shall have any force or effect unless embodied in a written contract executed and approved.
EXECUTED this _ _ day of
ATTEST:
John Porter, Secretary
ATTEST:
Secretary
- - - -, 1987.
COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY
By
=-=---:,-,---:c-:---:---
T ho mas R. Sharp, ChairmanHOR INFRASTRUCTURE, INC.
By _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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C E R T I F I C A T E
Pursuant to the provisions of C.R.S. 1973, §24-30-1401, et seq., the Consultant hereby certifies and verifies as follows:
The wage rates and other factual unit costs supporting the compensation to be paid by the Authority for the professional services are accurate, complete, and current at the time of contracting.
In the event that the Authority determines that the contract price was increased due to inaccurate, incomplete or non-current wage rates or other factual unit costs, then the original contract price shall be adjusted to exclude any significant sums which reflect said increase. All such contract adjustments shall be made within one year following the end of the contract .
The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this contract. Upon the violation of this provision, the Authority shall have the right to terminate this contract without l iability and, at its discretion, to deduct from the
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contract price, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.
Consultant:
- - - -
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-Position:
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INYINTORY
0COLLECT AHO REVIEW EXIITINCl DAT•
0
DllCRl9E UIITINCl IYITUIIANALYSIS AND FORECAST
0
ASSESS IIASIN-HYDROLOGY0
PROJECT DEMANDS0
COMPARE SUPPLY WITH DEMAND'
INVIRONMENTAL AIPECTI0
IDfNT1'Y RECREATION/ENV.IDINT"J PLAN COMPONENTS
0
SET PLAN EVALUATION CRITERIA0
NON STRUCTURAL PLAN COMPONENTI0
STRUCTURAL PLAN COMl'ONENT8 ENHAHCF.MENT Ol'l'ORTUNITIESPLAN IIORMULATION
e
FORMULATE l'lAN COMIINATIONI AND IDENTIFY ,tNANCING 8TflATEGIE8@10ENTll'Y ENVIRONMENTAL IMl'ACTI
PLAN( 8) ll!Ll!CTION
@
SELECT PREFERRED PLANISI®
l'flEl'AflE REPORTS@
f'fllEl'AflE l'HAIE II 1'081-7
COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY
UPPER GUNNISON-UNCOMPAHGRE STUDY BASIN STUDY PROCESS
MOiii IIIPIIUTIIUCTUIII
CU C..-t• P• ••---- Me6ret• • M . . . flli'lt I • . . . .. U,I. I • • • ef 11 . . . ••e&.A. .... •w.M..,.. Cty . . ee,a. .. , ... ,
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EXHIBIT B
PHASE I FEASIBILITY STUDY FOR UPPER GUNNISON-UNCOMPAHGRE BASIN
PLAN OF STUDY
Submitted to
Colorado Water Resources
and
Power Development Authority
by:
HOR Infrastructure, Inc.
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UPPER GUNNISON-UNCOMPAHGRE
BAS
I
N
PLAN OF STUDY
1. INTRODUCTION 1. 1 Overview 1.2 Preface
1.3 Study Objective
1.4 The Study Process 1.5 Technical Approach 2. STUDY MANAGEMENT 2.1 General 2.2 Reporting 2.3 Schedule TABLE OF CONTENTS
2.4 Project Organization and Individual Responsibilities 2.5 Study Products
3. PUBLIC INVOLVEMENT PROGRAM SUPPORT 3.1 Overview
4. DETAILED WORK PLAN 4.1 General
WORK TASKS:
TASK NO. 1 - COLLECT AND REVIEW EXISTING DATA Subtask No. la: Existing Reports
Subtask No. lb: Stream Flow and Climatological Subtask No. le: Maps and Aerial Photography Subtask No. ld: Water Use and Water Rights Subtask No. le: Review of Demand Forecasts TASK NO. 2 - DESCRIBE EXISTING WATER RESOURCE SYSTEMS
ANO RECREATION FACILITIES Subtask No. 2a: Prepare Base Maps
Data
Subtask No. 2b: Subtask No. 2c: Subtask No. 2d:
Inventory Entities and Uses Identify Anticipated Changes
Identify Deficiencies in Supply and Streamflow PAGE 1-1 1-2 1-2 1-3 1-4 2-1 2-2 2-2 2-2 2-3 3-1 4-1 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 4-11 4-12 4-13
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TASK NO. 3 - ASSESS BASIN HYDROLOGY
Subtask No. 3a: Prepare Streamflow and Water Rights
Data for Modeling
Subtask No. 3b: Prepare and Calibrate Basin Model
TASK NO. 4 - PROJECT DEMANDS
Subtask No. 4a: Subtask No. 4b: Subtask No. 4c: Subtask No. 4d: Subtask No. 4e:
Forecast Population and Recreation Demand Forecast Agricultural Demands
Forecast Municipal and Industrial Demand
Review Power Forecast
Review Out-of-Basin Water Needs
4-14 4-15 4-17 4-18 4-19 4-20 4-21 4-22 4-23 TASK NO. 5 - IDENTIFY AND EVALUATE RECREATIONAL AND ENVIRONMENTAL 4-24
PLAN COMPONENTS
Subtask No. 5a: Identify Potential Areas
Subtask No. 5b: Conduct Field Survey and Site Inventory Subtask No. 5c: Instream Flow Enhancement for
Fisheries and Recreation
Subtask No. 5d: Stream Access and Right-of-Way TASK NO. 6 - COMPARE SUPPLY WITH FORECASTED DEMANDS AND
INSTREAM FLOWS
TASK NO. 7 - SELECT PLAN EVALUATION/SCREENING CRITERIA
Subtask No. 7a:
Subtask No. 7b: Subtask No. 7c:
Subtask No. 7d:
Technical Criteria
Economic Criteria
Environmental Criteria
Other Factors to Supplement Criteria
TASK NO. 8 - NON-STRUCTURAL PLAN COMPONENTS
Subtask No. 8a: Subtask No. 8b: Subtask No. 8c: Water Management Institutional Measures Screening of Alternatives TASK NO. 9 - STRUCTURAL PLAN COMPONENTS
Subtask No. 9a: Subtask No. 9b:
Subtask No. 9c: Subtask No. 9d:
Subtask No. 9e:
In-Basin Water Transfer Components
In-Basin Structural Components Transmountain Diversion Components Basin-Wide Hydropower Screening
Evaluate Plan Components
4-25 4-26 4-27 4-28 4-29 4-30 4-31 4-32 4-33 4-34 4-35 4-36 4-37 4-38 4-39 4-40 4-41 4-42 4-44 4-45
TASK NO. 10 - FORMULATE ANO EVALUATE ALTERNATE PLAN COMBINATIONS 4-46
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ANO FINANCING STRATEGIESSubtask No. 10a: Formulate Combinations 4-47
Subtask No. 10b: Evaluate Combinations 4-48
Subtask No. 10c: Reformulate Alternatives 4-49
Subtask No. 10d: Potential for Staged Development 4-50
Subtask No. lOe: Financing Strategies 4-51
TASK NO. 11 - IDENTIFY ENVIRONMENTAL IMPACTS
&
POTENTIAL SOLUTIONS 4-53TASK NO. 12 - SELECTION OF PREFERRED PLAN($) 4-55
Subtask No. 12a: Select Alternative Plans 4-56
Subtask No. 12b: Evaluate Financial Feasibility 4-57
TASK NO. 13 - REPORT PREPARATION 4-58
TASK NO. 14 - MEETINGS AND PUBLIC INVOLVEMENT PROGRAM 4-60
Subtask No. 14a: Project Management Meetings 4-61
Subtask No. 14b: Technical Steering Committee Meetings 4-62
Subtask No. 14c: Advisory Committee Meetings 4-63
Subtask No. 14d: Develop Study Fact Sheet 4-64
Subtask No. 14e: Basin Interviews 4-65
Subtask No. 14f: Public Information Meetings 4-66
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TASK NO. 15 - PREPARE POS FOR PHASE II FEASIBILITY STUDY 4-67TASK NO. 16 - PRELIMINARY GEOTECHNICAL INVESTIGATION 4-68
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FIGURE 1-1 1-2 2-1 2-2 2-3 2.1 LIST OF FIGURES Basin MapBasin Study Process Phase I - Study Schedule Organization Chart
Phase I - Task Memo Schedule
LIST OF TABLES Study Report Schedule
PAGE
1-6 1-7 2-5 2-6 2-7 2-4•
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PHASE I FEASIBILITY STUDY FOR
UPPER GUNNISON-UNCOMPAHGRE BASIN
1.0 INTRODUCTION
1.1 OVERVIEW
This Plan of Study (POS) defines the services HOR Infrastructure, Inc. (HOR)
wi 11 provide to the Colorado Water Resources and Power Development Authority
(Authority) on the Phase I Feasibility Study (Study). HOR has assembled a
study team consisting of the following subconsultants:
Subconsultants
CU Center for Economic Analysis (CUCEA)
Boulder, Colorado
Hanifen, Imhoff Inc. (HII)
Denver, Colorado
WBLA, Inc.
Boulder, Colorado
Woodward Clyde Consultants (WCC)
Denver, Colorado
Dr. Robert Behnke, CSU
Dr. Hugo Ferchau
Western State College
Robert Rossette
Montrose, Colorado
Function
Project Demands
Project Financing
Water Rights/
Hydrologic Modeling
Geotechnical Engineering Aquatic Biology
Botany and Implementation
Strategy
Environmental Aspects
Phase I involves 16 work tasks presented later in this POS. The study will
provide clear documentation of the available resources base and will provide
the basis for selecting a preferred plan(s) for managing and developing the
water and hydropower resources of the basin for further feas i bi 1 i ty study if
warranted.
The study area for this investigation as shown on Figure 1-1 will be the entire
Gunnison River Basin. However, the primary focus of the study is to
investigate the water and hydropower resources of the Upper Gunnison River
Basin (i.e., upstream of Crystal Dam) and the Uncompahgre River Basin.
Work on this study is scheduled to begin June of 1987 and the Draft Final
Report is to be submitted in September 1988 (about 16 months). The contractual
deadline for activities associated with this Phase I - Feasibility Study is
February 1, 1989.
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1.2 PREFACE
No term or provision of this POS shall alter, amend or otherwise change the provisions of the contract. Recitations in this POS regarding the contract
terms are only for convenience, and shall not be construed as an interpretation
of the contract.
1.3 STUDY OBJECTIVE
The objective of the Upper Gunnison-Uncompahgre Basin - Phase I Feasibility
Study is to identify and evaluate water resource development plans to enhance
the water-based economy of the study area in an environmentally sound
manner. The plans will consist of structural and/or non-structural components.
The purpose of the structural measures ( such as storage components) is to
develop additional water supplies and hydroelectric power facilities consistent
with the in-basin needs and the State's compact entitlements. The purpose of
non-structural measures such as enhanced water management is to obtain greater
environmental and economic benefits from the existing resource base.
A primary goal will be to improve fisheries and recreational opportunities and to provide greater public access for these activities. Given the apparent
inability of recreational and agricultural water users to pay for additional
water development, other sources of revenue including hydropower generation and potential out-of-basin water sales will be considered in an effort to identify
sources of funding for water development and add it i ona 1 recreat i ona 1
opportunities within the study area. More specifically, the study objectives
are:
e:'7v/r«:>/J
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r~.c,-e .1. To identify in-basin opportunities for streamflow enhancement such as
low flow or late season flow augmentation to improve existing
fisheries;
2. To examine the physical and legal availability of water in the basin
as well as future in-basin water demands (including water for
streamflow enhancement).
3. To examine potential water and hydropower components in the Gunnison
and Uncompahgre basins;
4. To determine annual water yield, cost and technical feasibility of both structural and non-structura 1 a 1 ternatives avai 1 ab le for development;
5. To make a preliminary assessment of the economic and financial
feasibility of water development alternatives;
6. Examine the technical and financial feasibility of using hydropower
and potential out-of-basin sale of water (that is in excess of in
-basin demands) to fund in-basin water development components of the
project; and
