HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/18/1999 - RESOLUTION 99-57 AUTHORIZING THE MAYOR TO EXECUTE AGENDA ITEM SUMMARY ITEM NUMBER: 27
DATE: May 18, 1999 '
FORT COLLINS CITY COUNCIL STAFF: 3
Bode/Smith
SUBJECT:
Resolution 99-57 Authorizing the Mayor to Execute an Intergovernmental Agreement with the
Northern Colorado Water Conservancy District Acting by and through the Pleasant Valley Pipeline
Water Activity Enterprise and the City of Fort Collins Water Utility Enterprise for Participation in
the Pleasant Valley Pipeline Project.
RECOMMENDATION:
Staff and the Water Board recommend adoption of the Resolution.
FINANCIAL IMPACT:
The City's portion of this phase of the Pleasant Valley Pipeline Project is approximately$1.5 million
during 1999 and 2000. The subsequent construction phase scheduled for 2001 will cost the City an
estimated $8 million. Funds for this project are being budgeted in the Water Fund as part of the
Water Treatment Facilities Master Plan.
EXECUTIVE SUMMARY:
The Pleasant Valley Pipeline(PVP)Project is included in the Water Treatment Facilities Master Plan
that was approved by City Council in June 1997. When constructed, the pipeline will convey
additional water from the Poudre River to the City's Water Treatment Facility on West LaPorte
Avenue. Additional pipeline capacity from the Poudre River will increase the capability and
reliability of delivering raw water to the Water Treatment Facility.
The PVP project has been formulated as a regional project with the City of Fort Collins, City of
Greeley,and the three local Water Districts that comprise the Soldier Canyon Filter Plant,as project
participants. The Northern Colorado Water Conservancy District(NCWCD)has formed the "PVP
Enterprise"to design,construct,own,and operate the pipeline. This Resolution will allow the City
to enter into an intergovernmental agreement with NC WCD to provide funding for this phase of the
project and to address how the costs will be allocated among the participants.
The City Water Utility Enterprise is a party to the intergovernmental agreement solely for the
purpose of entering into a multi-year fiscal obligation.
DATE: May 18, 1999 2 ITEM NUMBER: 27
BACKGROUND:
About two years ago,NC WCD and the participants in the project entered into a consulting services
agreement with CH2M HILL to select a pipeline route and prepare preliminary designs and
construction cost estimates. This first phase of the project was completed last summer and a
preliminary report was prepared. The parties are now ready to move ahead with the second phase
of the project which A ill include environmental studies,design,permitting,right-of-way acquisition
and related work. The NC WCD,as owner and operator of the project,will enter into a contract with
CH2M HILL to complete these services. The participants now need to enter into separate
agreements with NC W CD to provide funding for Phase 2 of the project and to address how the costs
will be allocated among them.
The flow capacities in the pipeline are presently allocated as 60 million gallons per day(MGD)for
Fort Collins and 40 MGD for the Soldier Canyon Filter Plant (owned by the three water districts)
during the months of April through October. During the winter months of November through
March,Greeley desires 30 MGD,conveying water the opposite direction from Horsetooth Reservoir
to their Bellvue Water Treatment Plant. The costs will be allocated among the parties based on
capacity desired and the segments of the pipeline used by each party. The second phase of the
project is estimated to cost$3.3 million,with Fort Collins' share being approximately$1.5 million.
The total cost of the project is expected to be approximately $20 million, with Fort Collins' share
being about 50%of the total.
The Water Board discussed this proposal on April 22 and unanimously approved a motion to
recommend that the City enter into an agreement with the Northern Colorado Water Conservancy
District to participate in Phase 2 of the Pleasant Valley Pipeline Project.
RESOLUTION 99-57
OF THE COUNCIL OF THE CITY OF FORT COLLINS
• AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
ACTING BY AND THROUGH THE PLEASANT VALLEY PIPELINE WATER ACTIVITY
ENTERPRISE AND THE CITY OF FORT COLLINS WATER UTILITY ENTERPRISE
FOR PARTICIPATION IN THE PLEASANT VALLEY PIPELINE PROJECT
WHEREAS, by Resolution 97-88 the City Council adopted the Revised Water Treatment
Facilities Master Plan; and
WHEREAS, a new raw water transmission pipeline from the Poudre River to the City's
water treatment facility is included as a part of the master plan; and
WHEREAS,the City of Fort Collins,the City of Greeley,and three local water districts have
been exploring the feasibility of sharing the use of the new "Pleasant Valley Pipeline" (PVP) to
avoid duplication of similar pipelines; and
WHEREAS,the parties are now ready to move ahead with the second phase of the project
which will include environmental studies, design,permitting,right-of-way acquisition and related
work; and
• WHEREAS,the Northern Colorado Water Conservancy District(NC WCD)has formed the
"PVP Enterprise" to design, construct, own, and operate the pipeline for the City and the other
participants; and
WHEREAS,the terms and conditions upon which the City and NC WCD would pursue Phase
2 of the PVP project are set forth in the "Intergovernmental Agreement for Participation in the
Pleasant Valley Pipeline Project,"a copy ofwhich is attached hereto as Exhibit"A"and incorporated
herein by reference(the "Agreement").
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Council hereby approves the Agreement and authorizes the Mayor to execute the
Agreement on behalf of the City.
Passed and adopted at a regular meeting of the City Council held this 18th day of May
A.D. 1999.
Mayor
ATTEST:
City Clerk
EXHIBIT A
INTERIM AGREEMENT BETWEEN THE
NORTHERN COLORADO WATER CONSERVANCY DISTRICT,
ACTING BY AND THROUGH THE
PLEASANT VALLEY PIPELINE WATER ACTIVITY ENTERPRISE,
AND
THE CITY OF FORT COLLINS
AND
THE CITY OF FORT COLLINS WATER UTILITY ENTERPRISE
FOR PARTICIPATION IN THE
PLEASANT VALLEY PIPELINE PROJECT
This Agreement is made and entered into as of 1999,by and between the
Northern Colorado Water Conservancy District (a quasi-municipal entity and political
subdivision of the State of Colorado) (the"District"), acting by and through its Pleasant Valley
Pipeline Water Activity Enterprise (a government-owned business within the meaning of Article
X, Section 20(2)(d), of the Colorado Constitution, organized pursuant to C.R.S. §§37-45.1-101
et seq.),whose address is 1250 North Wilson Avenue,Loveland, Colorado 80537 (the "PVP
Enterprise") , and the City of Fort Collins, Colorado, a municipal corporation, whose address is
300 LaPorte Avenue,Fort Collins, Colorado 80521("Participant"), and the City of Fort Collins
Water Utility Enterprise (a government-owned business within the meaning of Article X, Section
20(2)(d), of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq.),
whose address is 700 Wood Street,Fort Collins, Colorado 80521 ("the Participant Enterprise").
Recitals
A. The PVP Enterprise is developing a municipal water supply conveyance system known as
the Pleasant Valley Pipeline Project (the 'Project") to provide raw water to entities
located in the northern and western parts of the District and its Municipal Subdistrict
("Subdistrict").
B. Overall Project costs will be divided among the entities which participate in the Project.
C. The Participant Enterprise is made a party to this Agreement solely for the purpose of
entering into any multi-year fiscal obligation required under this Agreement.
D. The First Phase of the Project consisted of preliminary planning studies necessary to
define the Project and determine its feasibility. The First Phase has been accomplished
and the Project appears to be feasible and of value to the citizens and communities within
the District and the Subdistrict.
• E. The District is now pursuing the Second Phase of the Project, which consists of
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environmental studies, design,permitting,right-of-way acquisition and related work. It is
necessary that the District pursue the Second Phase of the Project at this time in order to
be able to complete the Project on the time schedule desired by the participants.
F. Continuance and completion of the Second Phase of the Project on behalf of the
participants will require funding to complete environmental studies, design, permitting,
right-of-way acquisition and related work.
Affeement
1. Participant agrees to participate in completing the Second Phase of the Project to
complete environmental studies, design,permitting, right-of-way acquisition and related
work for the Project. Participation in the Second Phase of the Project in no way obligates
Participant to subsequent phases of the Project or to continue involvement in the Project
in any manner.
2. The"Summer delivery period"shall mean the period from April 1 to October 31,
inclusive, of each year. Flow in the Pleasant Valley Pipeline during the Summer delivery
period is north to south.
3. The"Winter delivery period"shall mean the period from November 1 of each year to
March 31 of the following year, inclusive. Flow in the Pleasant Valley Pipeline during the
Winter delivery period is south to north.
4. "Segment 1" shall be the segment of the pipeline from the Munroe Canal Turnout to the
Greeley Bellvue Turnout, exclusive of the turnout. Participant's flow capacity in Segment
1 during both the Summer delivery period and the Winter delivery period is 60 percent of
the total capacity of Segment 1.
5. "Segment 2"shall be the segment of the pipeline from the Greeley Bellvue Turnout to the
pipeline terminus at the Fort Collins Water Treatment Facility and Soldier Canyon Filter
Plant. Participant's flow capacity in Segment 2 during the Summer delivery period is 60
percent of the total capacity of Segment 2. Participant's flow capacity in Segment 2
during the Winter delivery period is 60 percent of the Segment 2 capacity remaining after
Greeley's 30 MGD share.
6. "Segment 3" shall be the segment of the pipeline from the existing 54-inch Soldier
Canyon outlet from Horsetooth Reservoir to the pipeline terminus at the Fort Collins
Water Treatment Facility and Soldier Canyon Filter Plant. Participant's flow capacity in
Segment 3 during both the Summer delivery period and the Winter delivery period is 0%
of the total capacity of Segment 3.
7. "Segment 4"shall be the Greeley Bellvue Turnout from the junction of Segments 1 and 2
to the Greeley Bellvue Filter plant. Participant's flow capacity in Segment 4 during both
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the Summer delivery period and the Winter delivery period is 0% of the total capacity of
Segment 4.
8. Participant may request a change in allocated flow capacity for any pipeline segment,
which will be implemented by the PVP Enterprise so long as any increased costs of
design, em6ronmental studies,permitting or other matters are paid by the Participant
Enterprise. If a change in Participant's capacity is made, the formula for allocation of
costs among the participants shall be changed accordingly so that all participant's bear
their pro rata share of the costs of the Project after the change.
9. Participant Enterprise agrees to provide to the PVP Enterprise funds for its pro rata share
of the costs necessary to complete the Second Phase of the Project. The PVP Enterprise
estimates that Participant Enterprise's pro rata share of the costs of the Second Phase of
the Project is$500,000 for the 1999 calendar year, and $1,000,000 for the 2000 calendar
year. Participant Enterprise will pay the PVP Enterprise its pro rata share of the 1999
calendar year costs on or before June 15, 1999, and Participant Enterprise will pay the
PVP Enterprise one-half of its pro rata share of the 2000 calendar year costs on or before
January 15, 2000 and the remaining one-half on or before July 15, 2000. These estimated
costs will not be increased or exceeded without the prior written approval of Participant
Enterprise. However, if the Second Phase of the Project cannot be completed within
these estimated costs, the PVP Enterprise is not obligated to complete the Second Phase
of the Project for the benefit of Participant unless sufficient additional pro rata funds as
determined by the PVP Enterprise are provided by Participant Enterprise. In the event
that Participant Enterprise's share of actual costs are less than the amount of funds
provided to the PVP Enterprise by Participant Enterprise, then such excess shall be
refunded to Participant Enterprise, or, at Participant Enterprise's option, credited to
Participant Enterprise's share of the next phase of the Project. Participant Enterprise or
its agent shall have the right to inspect and audit the books and records of the PVP
Enterprise relating to the Project upon reasonable notice to the PVP Enterprise. Attached
hereto as Exhibit A is a table showing the pro rata share of the costs of the Project for
each participant based upon current allocations of capacity in the Project.
10. In the event that Participant Enterprise fails to make any of the payments set forth above
at the specified times,the PVP Enterprise shall have the right to terminate this Agreement
and cease all work on the Project for the benefit of Participant. The PVP Enterprise shall
give Participant and Participant Enterprise ten (10)days' advance written notice of its
intention to terminate this Agreement and cease work on the Project for Participant's
benefit under this paragraph. Participant Enterprise shall have until the end of said 10-
day period in which to make all past due payments in full in order to cure its default
hereunder. Participant Enterprise shall in any event be responsible for its pro rata share of
costs of the Second Phase of the Project actually incurred by the PVP Enterprise as of the
date of termination of this Agreement.
•
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11. The PVP Enterprise agrees to diligently pursue the Second Phase of the Project in good
faith to the extent that funds therefor are provided by the Participant Enterprise under this
Agreement and by other participants under similar agreements. By entering into this
Agreement and accepting payments from Participant Enterprise, the PVP Enterprise does
not obligate itself to,nor does the PVP Enterprise warrant, that it will proceed with
construction of the Project beyond the Second Phase or that it will construct or operate
the Project. At the end of the Second Phase, the PVP Enterprise will determine after
consultation with the participants whether to proceed with the Project. The PVP
Enterprise agrees that, if the participants provide all required funding, if the PVP
Enterprise has the ability, and if the Project is feasible and practical, it will pursue the
construction and operation of the Project if requested to do so by all participants. In the
event that the PVP Enterprise decides not to proceed with the Project, it will so notify
Participant and this Agreement will immediately and automatically terminate upon the
giving of such notice.
12: In the event of termination of this Agreement or of the Project, Participant Enterprise
shall not be entitled to any return of funds paid to the PVP Enterprise for the Project,
unless payments by participants exceed the PVP Enterprise's costs, in which case a pro
rata refund will be made. In the event of such termination,Participant shall be entitled to
receive copies of any work products developed by the PVP Enterprise or its consultants
on behalf of Participant, and PVP Enterprise shall convey to Participant, as a tenant in
common with all other participants, a pro rata interest in all real and personal property
acquired by the PVP Enterprise for the Project with funds provided under this Agreement
or similar agreements with other participants.
13. Participant shall have the right to assign this Agreement and Participant's rights hereunder
to any person or entity that is eligible to receive water deliverable through the Project and
that is financially able to perform this Agreement with the written consent of the PVP
Enterprise, which consent shall not be unreasonably withheld.
14. In the event that this Agreement is terminated for any reason,Participant Enterprise shall
not be entitled to any return of any funds paid to the PVP Enterprise for the Project, and
the PVP Enterprise shall have no further obligations to Participant, except as provided in
Paragraph 12 above.
15. This Agreement is the entire agreement between the PVP Enterprise,Participant and
Participant Enterprise regarding participation in the Project and shall be modified by the
parties only by a duly executed written instrument approved by Participant,Participant
Enterprise and the PVP Enterprise.
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IN WITNESS HERETO THE PARTIES HERETO have executed this Agreement as of the date
and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
ATTEST: By.
Mayor
City Clerk
APPROVED AS TO FORM:
Deputy City Attorney
CITY OF FORT COLLINS
WATER UTILITY ENTERPRISE,
An Enterprise of the City
ATTEST: By:
President
City Clerk
NORTHERN COLORADO WATER
CONSERVANCY DISTRICT,
ACTING BY AND THROUGH THE PLEASANT
VALLEY PIPELINE WATER
ACTIVITY ENTERPRISE
By
Name:
Title:
•
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• EXHIBIT A Flow Capaceias(US"for 6110c80n9 apmeMap 11fic costs)
PLEASANT VALLEY PIPELINE Ouraaon
Cost Allocation Partici a Fbw StanEW No.Da
Mani.Flow Condition: 624nch Pipe Fart CDlkrb W 1-AW 31-0U 214
Sober Canyon 40 I-AM 31-0ct 214
GM430 1•Noa 31-Mar 151
Sag ners 1 Length(10: 12.3W
SsgnrM 2 Length OtS 31,100
Esbrbbd Fort CoIMs Sddin Canyon
ROM Cost Percent Stare Amount Percent Share Amount Percent Shaml Amount
SEGMENT SPECIFIC COSTS
Sepmenf 1-Mums Canat to Greeley Tunwuf
Pipets Construction S 4,499,650 80.0% $ 2.699.790 40.0% - $ 1,799,860 0.0% S -
LeWandRipntof-Way S 520,000 60.0% S 312A00 40.0% S 206.000 0.0% $
Sog"rif 1 tow S 5p19.650 S 3.011,790 S 2.007,880 S
Sagn ent 2-Greeley Twrbd at Solder Canyon
Pipeline Construction f 9,3115,500 49.5% S 4,647,506 33.0% S 3,098.337 17.5% S 1.830,657
LaM and Rigdof-Way $ 1240.000 49.5% S 614.022 33.0% S 409.348 17.5% S 216.629
S09MM 2 TOW $ 10.625.500 S 5161.628 $ 3.507.695 - S 1,856.287
Segment 3-Greeley Connection W Soldier Canyon D" S 110A00 O.D% S 0.0% $ - 100.0% f MAN
Servant 4-Bsl wTwnM S 314.300 0.0% S - DA% $ - 100.0% $ 314.300
SuOmtsi(Sogmemspeelik rosW S 16,070,250 f 8,273.318 S 51515,595 S 2,281,387
NON-SEGMENT SPECIFIC COSTS
Design,Pemiwp and Project Maltagenwrt S 1,410.000 37.7% S 53DA71 37.7% S 530.971 24.7% S N11.056
Electrica9SCADA $ 553.000 37.7% S 219,543 37.7% S 219.543 24.7% $ 143.913
Construction SWAXIS S 487.000 37.7% $ 183.392 37.7% S 1M392 24.7% $ 120216
Suombi(NOnaapmenf specMc club) S 2,4w.000 f 933,007 S 933,907 S 612,187
Tobf Esamafesi Prto4ef Cost $ 1613501230 S 9,207,226 S 6,449,452 S 2,893,574
PREVIOUS
V10US COSTS
PRE Ssbcaen $ 209A75 0.25 S 52A44 025 E 62,344 025 $ 52,344
TOTAL ESTPAATED PROJECT COST f 11.711121 S 9,259,661 $ 6,501,726 S 2.945,917
u.7».ea
Notes:
1 Segmera speUSc cots wR be those rnab which mue,only b an WAWW al specific Selpment of the Ppoi e.
ftWb g,M riot amMd m costs for ri 1W-01 ft.Ppebm memorials aW installation.apWrtawnua.and
electrical and kbthxnenation tadWN.
2 Non-segosnt specific costs wR be those coati-NM mate b the Pipeline.M cannot be specifically rdaled b an
kMWbual spedfK Semen of am PpMrs.kKhWip,M not W.W m portioning.Mvipwantal,design.
erngrsarm0,administration,and SCADA ODnWd sewn coats.
Exer piss of Cost Abcagon Formulas:
Be,mm Specific Costs
Sageness 1:
Sd6er Canyon Sham•0d(4c•Oad
Segment 2
Fad CdYs Sham a(Op,x 1p,)I((Op,x Ind•(Oar It too)•(Go x to))
Non4leoment Sosct k Coeds
Greeley Sham•(Segment 1 CMUTobl Cot)x Segment 1 Slam•(SspmsM 2 COstrTOW Coat)x Sepmanl 2 Sham
.(SegneM 3 CosViolel Cot)x Segrsm 3 Sim e•(Segment 4 COBVTOMI Coe0 x Sagusnl4 Slam
Non-se MeM aped6e shares:
PaMcnwnt Sapimers, Seiprnwam2 Se nt3 S 4
Fort CoWs till% 33% 0% 0%
Solder Cauryon till% 33% 0% 0%
Gres 0% 33% lam toll%
PVPExhbaAuulExhbkAl Page t Oft - SVW 4:12PM
EXHIBIT A. continued
PLEASANT VALLEY PIPELINE
Design and Rtghtol-Way Acquisition Phase Budget Estimate
Previous Estimated 1999 2000 2001
Estimate Allocation Allocation Allocation
Predesian and Route Selectton $ 230,000 $ 209,375 S
Enalneering Design ICH2M HILLI
Final Design S 900,000 $ 850,000 $ 200.000 $ 650,000 $ -
Seismic Refraction Surveys(OPOonal) $ $ 60,0DO $ 60,000 _
Construction Services $ 120.000 S 125.000 $ E S 125,000
Subtotal S 1,020,000 $ 1,035,000 S 200,000 S 710,000 S 125,000
Lad and RichtofMav Acquisition
Seomenl 1:
Appraisals S 80,000 S 80,000 S 40,000 $ 40,000 $ -
SurveyltegalDescriptions S 60,000 S 20,01110 5 20,000 S - $
Tide Company $ 3D,000 $ 5.000 S S,ODO S - $ -
Legal Services $ 100,0DO $ 100,000 S 15,000 $ 85,000 S -
NCWCD Staff(ROW agent) $ 75.000 $ 35.000 $ 17,600 S 17.500 S -
WndlEasementPurchase S 980,D00 $ 200,000 S 70,000 $ 210.000 $
Segment 1 Subtotal S 1,325,000 S 520,000 $ 167.500 S 352,500 9
Segment 2:
Appraisals $ - S 160,0DO $ 80,000 S 80.000 $ -
Survey/LegalDescripdons $ - $ 100.ODO $ 100,D00 S - $
Title Company $ $ 1510DO $ 15.000 $ - $ -
Legal Services S S 200.000 S 35.000 S 165,ODo $ -
NCWCD Staff(ROW agent) S - S 65.000 $ 32.500 S 32,500 $ -
IAndltasement Purchase S S 700,000 S 180,000 S 520,000 S
Segment 2 Subtotal S - S 1.240,000 5 442,500 $ 797,500 $ -
Total Land and Righso%Way Acquisition S 1,325,000 $ 1,760,090 S 610,000 S 11150,000 5 -
Permitting and Environmental
Environmental Consultant $ 30,000 $ 100,000 $ 50,000 S 50,000 S
Legal Services S - $ 50,000 $ 25,000 $ 25,D00 $ -
Section 704EPA(b needed) S S 150,000 $ 75.000 S 75,000 S
Subtotal $ 30,000 $ 300,000 S 150,000 S 150,000 6
Project Management
Legal Services S 100,000 S 100,000 $ 33,000 $ 33,000 S 34,1100
NCWCD Staff $ 125.000 6 100.000 S 50,000 S 50,000 t
Subtotal S 225,000 S 200,000 $ 83,000 S 83,000 S 34,000
Construction Services
Construction Manager $ 176.800 $ 176.800 S S - $ 176.800
Construction Inspection(NCWCD Labor) $ 83,200 S 83.200 S - S - S 83,200
Testing During Construction S 50,000 $ 50,000 S - $ $ 50,000
NCWCD Labor $ 52,000 $ 52.000 $ $ $ 52,000
Subtotal $ 36ZOM $ 362,000 S - $ - S 262,000
Construction
Segment S 4,306,050 S 4.499.650 $ - $ S 4,499,650
Segment $ 8.861,300 $ 9.385.500 $ $ - $ 9,385.500
Segment 3(Greeley Connection) $ 314,300 $ 110.800 S- S - S 1101800
Segment 4(Bellvue Tuned) $ 110.800 $ 314,300 S S - S 314.300
SCADAICamrd S 583,000 $ 583,000 S S $ 583.000
Pm)ect Construction - S 14,175,450 S 14,893,250 $ $ S 14,893,250
Total Estimated Project Cost S 17,367,450 $18,759,625 $ 1,043,000 $ ;093,000 5 15,414,250
Project Contingency Fund(57Q $ $ 940,000 5 60,000 S 110,000 $ 770,000
Total Project Budget 1117,367,450 $19,699,625 S 1,103,000 S 2,203,000 6 16,164,250
s tsaw,e25
1999 2000 2001 T3t6f
Fort Collins Sham: 505,000 7.003,000 8,063,000 $ 9,561,000
Soldier Canyon Sham: 399,000 801,000 51504,000 S 6,801,000
Greeley Sham: 199,000 399,000 2,527,000 S 3.125,000
S 7,103,000 S 2,203,000 $ 16,764,000 $ 19,490.000
PVPEaltbrkkxlslExNd1A2 Page 2 012 615199 4:12 PM
EXCERPT FROM WATER BOARD MINUTES
April 22, 1999
PLEASANT VALLEY PIPELINE AGREEMENT BETWEEN CITY OF FORT COLLINS AND
NORTHERN COLORADO WATER CONSERVANCY DISTRICT (NCWCD)
Background
The background information provided in the packets pointed out that the Water Treatment Master
Plan was approved by Council in June 1997. The plan includes construction of the Pleasant Valley
Pipeline (PVP) which will convey additional water from the Poudre River to the City's Water
Treatment Facility on West Laporte Ave. The PVP project has been formulated as a regional project
with the City of Fort Collins, City of Greeley and the three water districts that comprise the Soldier
Canyon Filter Plant,as project participants.TheNCWCD has formed the"PVP Enterprise"to design,
construct, own and operate the pipeline.
About two years ago,NCWCD and the participants in the project entered into a consulting services
agreement with CH2M Hill to select a pipeline route and prepare preliminary designs and
construction cost estimates.Dennis Bode said this phase of the project was completed last summer
and a preliminary report was prepared. The parties are now ready to move ahead with the second
phase of the project which will include environmental studies, design, permitting, right-of-way
acquisition and related work.
Mr.Bode went on to explain the highlights of the project.He said the flow capacities in the pipeline
are presently allocated as 60 MGD for Fort Collins and 40 MGD for the Soldier Canyon Filter Plant
(Tri-Districts)during the months of April through October.During the winter months of November
through March, Greeley wants 30 MGD, conveying water the opposite direction from Horsetooth
Reservoir to their Bellvue plant."As Gene Schleiger mentioned,the District has formed an enterprise
to handle the design and construction and also operate the pipeline. The way it is set up, NCWCD
becomes contractor of the consultant for phase two of the project."He said the participants need to
enter into separate agreements with NCWCD to provide funding for the project and to address how
the costs will be allocated among the participants. Staff is currently working with NCWCD staff,
other participants and the City Attorney's office to finalize an agreement. "It's a fairly simple
agreement," he said. He explained that the costs are allocated among the parties based on capacity
desired and the segments of the pipeline used by each party. The second phase of the project is
estimated to cost$3.3 million with Fort Collins' share approximately $1.5 million. The total cost of
the project is expected to be a little under $20 million, with Fort Collins' share about 50% of the
total.
He went on to say that because of the type of agreement, it will need to go to City Council for
approval, and will probably include both the City and the Water Utility enterprise as parties to the
agreement.
12
Staff Recommendation:
Staff recommends that the Water Board recommend to City Council that the City enter into an
agreement with NCWCD to proceed with Phase 2 of the project which includes the environmental
studies, design, permitting, right-of-way acquisition and related work.
Discussion
David Lauer asked how much the first phase cost."The first phase was set up somewhat differently
where all the parties were directly participating,"Mr.Bode said.Mike Smith said in the first phase,
all four parties actually contracted with the contractor themselves. "We didn't pass money through
the District to the consultant.The second phase is a big enough piece that we will be required to have
an intergovernmental agreement."He added that the first phase cost a little over$200,000.
"Were we the original owner of this project and then we got cooperation from the other entities?"
Dr. Sanders asked."We weren't really the original owner,we just said we needed a pipeline, and the
other entities said they could probably use one too. We tried to get others to participate so it would
become a regional project instead of just a Fort Collins project," Mike Smith explained. "But then
we lose control," Dr. Sanders asserted. "We're a partner," Dave Frick said. "Are we a voting
partner?"Mr. Sanders asked. "If we put in 50%of the money do we have 50%of the vote?""There
is really nothing to vote on,"Mr. Smith replied."I am concerned when decisions have to be made on
which way the water is going,etc.,"Dr. Sanders continued."We'll have agreements on all that before
we do it,"Mr. Smith stated."We have spent considerable time thinking about the operations and the
things we need to have in place to make sure things operate the way they should,"Mr.Bode assured
Dr. Sanders. "There was some discussion that Fort Collins would probably volunteer to operate the
facility,"Mr. Smith related.
Dave Frick noted that the agenda summary said the NCWCD owns and operates the project. "You
mean we are paying$10 million and we don't even own it?"he asserted.Dr. Sanders was concerned
about that too."This PVP Enterprise was developed by Northern as a separate entity,"David Lauer
explained,"so all four partners work through this enterprise.""It's similar to CBT water,"Mr. Smith
said. "We don't own that either; we only own shares in it," he added. "Yes, but we didn't build it
either,"Dr.Sanders pointed out.
"How does the operation of this pipeline relate to the existing pipeline?"Robert Ward asked. "We
own the existing pipeline segments because we put them in; one was in the 20s and the other was in
1955," Mr. Smith replied. "We looked at various structures of how to proceed; one specified that
Fort Collins would put it in and we would share it." Some of the entities weren't sure if they could
trust the City to do that. Then they considered having an intergovernmental agreement among the
three entities.They agreed that it was more acceptable for everyone to have the District be the entity
to build the pipeline and own it. That is the structure used for the Southern Pipeline. "Is the Northern
District a partner in this, and will they use any of the water?"Mr.Lauer asked. "I don't believe so,"
Mr. Smith answered."Right now capacity is allocated just among the three parties,"Mr.Bode added.
"Will Northern have any control over the allotment?"Mr. Lauer asked. "No,"Mr. Smith said. "Is
there no policy issue over anything Northern has in this pipeline?"Dr. Sanders persisted. "As far as
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. they are concerned, it's an empty pipeline,"Mr. Smith responded."We and the other entities are the
ones who control it.""The costs are all based on allocation of flow.The sharing of costs,etc.is going
to be spelled out in detail,"Mr. Bode assured the Board.
"Are there significant efficiencies of scale in terms of saving money over just doing the pipeline for
us?" Tom Brown asked. "If we were to build it ourselves, initially the estimates were close to $15
or 16 million, and we are paying$10 million now,"Mr. Smith responded. "I don't know what recent
estimates would be." "If something happens and it breaks, are we insured?" John Morris asked.
"That's right,"Mr. Smith answered."Is this just transporting raw water?"Dr. Sanders asked."Yes,"
Mr. Smith said. "Is this the same line that the University wants to bring over a piece of to the
campus?"Mr.Morris wondered."That's a different line,"was the answer.Mr. Smith explained that
this is the raw water line that will go from the eastern portal of the Munroe Tunnel into the Munroe
Canal.It will cross the River up to near Greeley's water treatment plant,and wind down toward Fort
Collins' water treatment plant. In the spring and summer,water will come out of the River through
the pipeline to our plant and the Tri-District's plant. In the winter months, when there is nothing
much to flow through it, we can actually put water backwards from Horsetooth to Greeley.
How was the design altered to make the pipeline go to the Greeley plant?Mr. Sanders asked."It has
to go close to their plant anyway,"Mr. Smith replied."Does it follow the route ofthe other pipeline?"
George Reed asked."In some places,but it varies. The existing pipeline goes through Bingham Hill
and this one will go over and around Claymore Lake.We looked at the costs of putting a new tunnel
through it but it was cheaper to go around,"Mr. Smith replied. "What about the maintenance; will
the cost be shared?"Mr. Sanders asked. "Yes,"Mr. Smith said.
"I can see where establishing the Northern District as essentially the unbiased executer of this serves
to get the comfort level up for the three partners of this project,"Paul Clopper observed. "It seems
generous calling Northern unbiased,"Mr. Lauer remarked. "All three parties are comfortable with
it.This was a good way to get some regional cooperation going among the three entities,which might
not have occurred otherwise,"Mr. Smith noted. "Plus, we save $6 million."
Mr.Lauer suggested that,even though we are saving considerable money,"do we not think our share
of the cost ought to correspond to our share of the water?If we are going to pay 50%of the cost of
the construction and maintenance operation of it shouldn't we receive 50%of the water?""The cost
allocation formula basically works it out that way,"Mr. Smith responded.Mr.Bode pointed out that
in the summertime we actually receive 60'/o of the capacity and the water districts have 40%, "so
actually we are coming out a little ahead there. The reason it comes out differently is because of
Greeley's piece in the wintertime. Because of the winter operation, both Fort Collins and the water
districts get a little bit of a break compared to their percentage of summer participation.""So the 30
million gpd are the ones that are going the other direction to Greeley in the winter," Mr. Lauer
clarified."That's right,"I& Smith said. "We get 60%in the summer when we need it and only have
to pay half" he added.
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"Do we have enough water rights to utilize that capacity If we don't, how much excess capacity do
we have for the future?"Dr. Sanders wondered."There are times when all our decrees are in priority
and we could use all of that capacity," Mr. Bode explained. "That's a relatively short time. It
depends on the year you have and what kinds of demands there are," he added. "It provides the
flexibility for us to manage the water supply better,"W. Smith stated.
ACTION: Motion
John Morris moved that the Board recommend to the Council that the City enter into an agreement
with NCWCD to proceed with Phase 2 of the project. Tom Brown seconded the motion.
"Suppose, down the line, Greeley sold out,for example, is there any way long term that this mantle
of tiered up bureaucracy could go back to two partners?" George Reed asked, "or are you always
going to have Northern as a participant?""If push came to shove, I think there is a way it could be
done,"W. Smith replied.He added that once the pipeline is built and operating,"we probably won't
even see the Northern District, so it won't be a big issue."
W. Lauer asked if staff foresees any other entities coming forward asking to be part of it after we
get into the second phase;like Loveland,for example. "Probably not,"Mr. Smith replied. Staff has
pursued this extensively; there doesn't seem to be anyone else who wants to participate. "We are
actually pleased to get Greeley involved. Initially they didn't think they needed it," he related.
"Can Greeley sell their access to Thornton?"Dr. Sanders asked. "Not really,because Greeley's use
is from south to north, not north to south,"Mr. Smith said.
Dave Frick continued to be concerned about the fact that the NCWCD owns the pipeline. "I have a
problem when we pay $10 million and we don't even own it, or even a part of it," he asserted. "I
guess it's a matter of how you structure the agreement,"he acknowledged.Ivfike Smith emphasized
that this is the design piece and the Board will have an opportunity to revisit the issue when we get
to the next stage of financing the pipeline. He acknowledged that there are some pros and cons
related to the way it is structured. Chair Clopper pointed out that the minutes will reflect the Board's
concerns.
Mr.Brown wondered if the 601/6-401/6 split in the summertime can be re-negotiated sometime in the
future, "or is it fixed for all time?There are many similar details that we are going to have to settle
before the agreement is actually finalized.""I think it's a matter of the parties agreeing to any future
changes,"Mr.Bode responded."I don't know that it's set in stone for all time,and I'm not sure that
we would want it that way.""I'm not suggesting you would, but the agreement is going to have to
address the issue offlexibility, etc."Mr.Brown contends."If conditions change with the District and
they have ownership of that pipe,it could be a concern,"Dr. Sanders pointed out."That's something
we have to look at,"Mr. Smith replied. "Do you think the federal government could get access to
it?"Dr. Sanders asked."I think it's fairly similar to the ownership of our CBT water,"Mr.Bode said.
"The District maintains ownership ofthe water rights that go with that.""We own 18,000 units,"Mr.
Smith said. "If they.are $3,000 a unit that's S54 million."
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• "If we decided we didn't want to get into the agreement and we wanted to buy the water line
ourselves,we still have to do environmental studies and Phase 2, so we haven't lost anything at this
point,"Mr.Morris noted."I agree with the concerns,but those are future concerns,"he added. "We
want the pipeline anyway so we might as well get the process going."
"It says in the memo that the City Attorney's office has been working with them to finalize the
agreement, so I assume a lot of the questions we are asking will be dealt with in the context of those
negotiations," Robert Ward pointed out. Mr. Smith pointed out that, essentially, there is no
difference in this project and the outlet at Horsethooth that we pay for and don't own. "Yes, but
that's not good either,"Dr. Sanders remarked.
Gene Schleiger clarified that this would be structured and operated just like the Windy Gap project
and the southern water supply pipeline. The District was in Phase (because we felt there was an
advantage to the District."About two years ago we had to do some repairs on the canal.Fort Collins
was very tight on water supply before we completed the repairs. This provides a redundancy for us
to help that situation.Beyond that, we will not be anything more than what we are on Windy Gap or
the southern pipeline"he assured the Board. "As for the water,that is for the other entities to decide
on. We will just operate it," he concluded.
ACTION: Vote
Paul Clopper called the question. The Board approved the motion unanimously.
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