Colorado Water Resources & Power Development Authority Jan 2003

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Mr. Daniel Law January 15, 2003 4 WQCD will need to obtain approval from EPA to extend the program deadline beyond the current • August 17, 2003 deadline so that the ground water systems' assessments and final reports can be completed. The WQCD will be petitioning EPA based on the schedule revision in the MOUs with a formal request for an extension to the original program completion date. EPA has indicated that a reasonable request for extension of the SWAP program in Colorado would be considered for approval. MOU Agreement Terms The WQCD is also proposing the inclusion of three new provisions in the existing MOU structure. First, the addition of a contingency fund to the project budget is necessary and timely. Since the project is now entering the final phase, the WQCD determined that contingency funds should be. set aside to allow project management flexibility. The WQCD has reallocated approximately $100,000 (approximately 15 %) of the total remaining project budget and established contingency funds within each contractor's budget to be used solely at the discretion of the WQCD. Second, a change order process provision has been added to provide the mechanism for the WQCD to be able to quickly address unforeseen changes to the project scope of work and obligate contingency funds if necessary. This mechanism involves an exchange of letters between the WQCD and contractors identifying the proposed changes and costs. The WQCD will approve all proposed changes and associated costs prior to implementation by either contractor. Third, a provision that clearly states that the WQCD shall be sole owner of all work products and • associated deliverables has been included. This provision is considered necessary after discussions concerning the use of the project data and analytical tools developed during the life of the project. Access to public water system data, assessments, and final reports will be coordinated through the WQCD and Region VIII EPA after completion of the project. EPA Project Direction Support EPA Region VIII attended the contractor susceptibility analysis preliminary design presentation to the WQCD on November 18, 2002. EPA staff was impressed by the comprehensive data development and toolset functionality demonstrated at the meeting. EPA has offered the attached letter of support regarding the use of SDWIS as a primary data source for the SWAP program, the integration of the SDWIS and SWAP databases for future reporting purposes, and the appropriateness of using Drinking Water State Revolving Fund set - asides to complete this project activity. We are pleased with EPA's interest and support of our innovative application and integration of the SDWIS and SWAP databases, and their approval of set -aside funding expenditures on these activities. Future Project Funding Needs The WQCD is notifying the Authority at this time that access to an additional $160,000 of unspent SWAP and Wellhead Protection (WHP) set -aside funds previously identified in the EPA - approved SWAP and WHP work plans may be necessary to complete the project. Access to these funds from the contingency fund has become a concern due to the schedule modifications identified above. It will • become increasingly difficult between now and the August 2003 deadline to add this $160,000 to the