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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/07/2019 - RESOLUTION 2019-055 AUTHORIZING THE CITY MANAGER TAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Mark Kempton, Water Production Manager Eric Potyondy, Legal SUBJECT Resolution 2019-055 Authorizing the City Manager to Execute an Agreement Between the City of Fort Collins, the East Larimer County Water District, the Fort Collins-Loveland Water District, and the North Weld County Water District Regarding a Study Related to a Temporary Shutdown of the Horsetooth Reservoir Soldier Canyon Outlet. EXECUTIVE SUMMARY The purpose of this item is to execute an intergovernmental agreement between the City of Fort Collins and the Tri-Districts (Fort-Collins Loveland, East Larimer County, and North Weld County water districts) to evaluate alternate water supplies and risk mitigation strategies during an October 2020 planned 45-day shutdown of the Soldier Canyon Dam water supply line from Horsetooth Reservoir to the two drinking water treatment plants serving the City of Fort Collins and surrounding areas. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Northern Water, which operates the 54-inch Soldier Canyon pipeline from Horsetooth Reservoir to the Fort Collins Water and the Soldier Canyon Water Treatment Plants, is planning to perform necessary maintenance on the water line in October 2020. This maintenance will require a full shutdown of the line for up to 45 days, which will result in both treatment plants relying on the Cache la Poudre River as the sole water source for the City and the Tri-Districts service areas. Historically, the Poudre River has been a reliable source of high-quality water, but it can be susceptible to water quality impairing incidents such as forest fires, vehicle crashes, chemical spills, and other incidents that may cause the Plants to shut off the water intakes from the River. If one or more of these such incidents were to occur during the planned shutdown, the City and the Tri-Districts would be at risk of a drinking water shortage. To mitigate this potential risk, the City and the Tri-Districts have agreed to study alternative water supply strategies that could range from short term conservation measures, up to building physical improvements such as pump stations. The alternatives may also include a public outreach plan detailing voluntary water conservation measures before and during the shutdown period. A full range of mitigation strategies will be analyzed and an alternative, or a suite of alternatives will be selected that will best mitigate the potential water shortage should an issue occur in the Poudre River during the shutdown period. The design, construction, and cost sharing of any proposed physical improvements would be covered under a separate City Council approved IGA with the Tri-Districts. Agenda Item 9 Item # 9 Page 2 CITY FINANCIAL IMPACTS The cost of the analyses will be reviewed and approved by all parties and shared between the City and the Tri- Districts per the terms of the IGA. Existing Fort Collins Utilities O&M or Minor Capital funds will be used for the City portion of the project costs. The scope of the work will be limited to a maximum price to be decided by the participants. Fort Collins Loveland Water District has limited its project share to $20,000. It is anticipated that the City's share will also be in this funding range. BOARD / COMMISSION RECOMMENDATION At its April 18, 2019 meeting, the Water Board voted unanimously to recommend approval of the IGA. (Attachment 1) PUBLIC OUTREACH No public outreach has been performed at this time. Based on the outcomes of the alternative’s analysis, a public outreach plan will be prepared detailing the City's and the Tri-Districts efforts to communicate potential water saving and risk mitigation strategies during the planned shutdown. ATTACHMENTS 1. Water Board minutes, April 18, 2019 (draft) (PDF) Excerpt from Unapproved DRAFT MINUTES - WATER BOARD REGULAR MEETING April 18, 2019, 5:30 p.m. 222 Laporte Avenue, Colorado River Community Room 04/18/2019 – Excerpt from Unapproved DRAFT MINUTES Page 1  Horsetooth Supply Line Shutdown Intergovernmental Agreement with Tri-Districts Mark Kempton, Water Production Manager (Attachments available upon request) Presentation Summary: • Water Production Manager, Mark Kempton, gave some background information to explain the need of an Inter-Governmental Agreement (IGA). The Water Treatment Facility has two primary drinking water sources (Horsetooth Reservoir (HT) and Poudre River). Northern Water did work on the line and found two issues with valves and the trash racks on the inlet, inside the reservoir, that needs to be replaced. This means that the HT pipeline will need to be shut down for 45 days. Since all dependency will fall on the Poudre River during this time, it requires staff to mitigate risks associated with the plan (forest fires, vehicles in the river, tanker trucks in the river, etc.). The proposal is to enter an IGA with the Tri-Districts to look at risk mitigation strategies and possibly to structure temporary water supplies during the 45 days. Some preliminary ideas have been discussed, such asking CDOT to restrict truck traffic in Poudre Canyon during the 45 days. The final plan alternatives will be selected in the late summer of 2019. The line would be shut down in October of 2020. Discussion Summary: • Board members commented on and inquired about various related topics including what HT’s water level would be brought down to (The level will be brought down to around 100 feet, a typical Fall level), how the 45-day- timeline was chosen (Mr. Kempton said the original plan was for 60 days, but they were able to bring down to the current projection with work planned seven days a week. Coating of the pipeline alone takes 7-10 days before water can be ran through the line), the reason for the October 2020 shut down (October is the best month because demands drop-off and it is also when Northern Water requested the shut-down to take place), anticipated costs of the project (possibly 20,000-30,000 in engineering fees), and clarification on the risk (The risk isn’t the water supply, but the immediate acute risk of something happening and the water can’t be treated). Board Member Bovee moved that the Water Board recommend to City Council the adoption of an Inter-Governmental Agreement with the Tri-Districts ATTACHMENT 1 WATER BOARD REGULAR MEETING 04/18/2019 – Excerpt from Unapproved DRAFT MINUTES Page 2 authorizing the City to enter into a contract to develop alternate water supply and mitigation strategies for the planned shutdown of the Horsetooth water supply line in the Fall of 2020. Board Member Ortman seconded the motion. Vote on the motion: It passed unanimously, 7-0. -1- RESOLUTION 2019-055 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE EAST LARIMER COUNTY WATER DISTRICT, THE FORT COLLINS-LOVELAND WATER DISTRICT, AND THE NORTH WELD COUNTY WATER DISTRICT REGARDING A STUDY RELATED TO A TEMPORARY SHUTDOWN OF THE HORSETOOTH RESERVOIR SOLDIER CANYON OUTLET WHEREAS, Horsetooth Reservoir is a water storage reservoir operated by the Northern Colorado Water Conservancy District (“Northern Water”), and the Soldier Canyon Outlet is a pipe and related infrastructure that conveys water from Horsetooth Reservoir under and through the Soldier Canyon Dam; and WHEREAS, water delivered through the Soldier Canyon Outlet is ultimately delivered to, among other locations: the Soldier Canyon Filter Plant, which is owned and operated by the East Larimer County Water District; the Fort Collins-Loveland Water District; and the North Weld County Water District (collectively, “Tri-Districts”) through the Soldier Canyon Water Treatment Authority and the City’s Water Treatment Facility; and WHEREAS, Northern Water intends to temporarily shut down the Soldier Canyon Outlet during late 2019 or 2020 for approximately 30 to 45 days for inspection, maintenance, and related purposes, which will result in a temporary water supply disruption for the City and the Tri-Districts; and WHEREAS, the City and the Tri-Districts desire to investigate ways to address this temporary water supply disruption and would each perform such investigations separately in the absence of any collaboration as contemplated in this Resolution; and WHEREAS, because of the overlapping of interests among the City and the Tri-Districts, a joint investigation through a study of the various options for the Parties (the “Study”) would result in cost savings for each and be to their benefit; and WHEREAS, the City intends to use an engineering consulting firm the City already has under contract to perform the Study pursuant to a scope of work for the Study that will be developed by jointly the City and the Tri-Districts, with the Tri-Districts to reimburse the City for their portion of the Study which will reduce the City’s costs to investigate ways to address the temporary water supply disruption identified above; and WHEREAS, staff from the City and the Tri-Districts have negotiated an agreement regarding such a Study, as set forth in the draft Agreement attached hereto as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Manager is hereby authorized to execute an agreement substantially in the form of Exhibit “A”, with such modifications and additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk (03/08/19) Page 1 of 9 AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE EAST LARIMER COUNTY WATER DISTRICT, THE FORT COLLINS- LOVELAND WATER DISTRICT, AND THE NORTH WELD COUNTY WATER DISTRICT REGARDING A STUDY RELATED TO A TEMPORARY SHUTDOWN OF THE HORSETOOTH RESERVOIR SOLDIER CANYON OUTLET This Agreement is entered into by and between the following Parties: the City of Fort Collins, Colorado, a home rule municipality (“City”); the East Larimer County Water District, a political subdivision of the State of Colorado (“ELCO”); the Fort Collins-Loveland Water District, a political subdivision of the State of Colorado (“FCLWD”); and the North Weld County Water District, a political subdivision of the State of Colorado (“NWCWD”). ELCO, FCLWD, and NWCWD are collectively referred to as the “Tri-Districts.” RECITALS A. Horsetooth Reservoir is a water storage reservoir operated by the Northern Colorado Water Conservancy District (“Northern Water”). The Soldier Canyon Outlet is a pipe and related infrastructure that conveys water from Horsetooth Reservoir under and through the Soldier Canyon Dam. B. Water delivered through the Soldier Canyon Outlet is ultimately delivered to, among other locations: the City’s Water Treatment Facility and the Soldier Canyon Filter Plant, which is owned and operated by the Tri-Districts through the Soldier Canyon Water Treatment Authority. C. Northern Water intends to temporarily shut down the Soldier Canyon Outlet during late 2019 or 2020 for approximately 30 to 45 days for inspection, maintenance, and related purposes. This will result in a temporary water supply disruption for the Parties. D. The Parties desire to investigate ways to address this temporary water supply disruption. Because of the overlapping of interests among the Parties, a joint investigation through a study of the various options for the Parties (“Study”) would result in cost savings for each of the Parties and be to their benefit. The Parties thus desire to work together on the Study as set forth herein. E. The City intends to use HDR, an engineering consulting firm the City already has under contract (“Consultant”), to perform the Study. The Tri-Districts will reimburse the City for their portion of the Study as described below. F. As governmental entities, the Parties are authorized into enter into the following intergovernmental agreement pursuant to C.R.S. §29-1-203. EXHIBIT A (03/08/19) Page 2 of 9 AGREEMENT 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 2. THE SCOPE. The Parties will meet with the Consultant to jointly develop the scope of the Study to be completed (“Scope”), which shall include a total cost estimate for the Study and a proportional allocation of costs to each Party based on the amount of the Study attributed to each Party’s needs. Before the Consultant begins the Study, each of the Parties shall confirm in writing (such as by email or otherwise) that the Scope is acceptable. 3. COOPERATION WITH THE STUDY. The Tri-Districts agree to cooperate in good faith with the City and the Consultant for the Study, including: developing the Scope; reviewing and providing comments on draft analyses and reports generated by the Consultant as part of the Study in its development and completion; and providing information needed to complete the Study to the Consultant, in a timely manner. The City agrees to work in good faith to ensure that the Tri- Districts have a meaningful opportunity to review and provide comments as discussed above, and to address comments. 4. OWNERSHIP OF THE STUDY. Each of the Parties will be an owner of the Study and all other deliverables provided by the Consultant on the Study (including, but not limited to, analyses, analytical tools, data, models, and reports and drafts thereof). The City shall provide the Tri-Districts with a copy of the draft and final reports, as well as the data, analytical tools, and all other information generated by the Consultant in association with the Study that are related to their systems within 14 days of the City’s receipt of the same, subject to the terms and conditions of this Agreement. 5. REIMBURSEMENT TO THE CITY. Each of the Tri-Districts shall pay the City for that district’s portion of the Study as set forth in the agreed-upon Scope within 45 days of receiving an invoice from the City for the same. Each of the Tri-Districts shall submit payment to Fort Collins Utilities (attn: Lance Smith and Phil Ladd), 700 Wood Street (P.O. Box 580) Fort Collins, Colorado 80522-0580. 6. FISCAL CONTINGENCY. Notwithstanding any other provisions of this Agreement to the contrary, the obligations of the Parties in fiscal years after the fiscal year of this Agreement shall be subject to appropriation of funds sufficient and intended therefor, with the Party having the sole discretion to determine whether the subject funds are sufficient and intended for use under this Agreement. The failure of a Party to appropriate such funds shall be grounds for termination of this Agreement as to such Party upon written notice pursuant to Paragraph 11. 7. REMEDIES. If any Party fails to comply with the provisions of this Agreement, the other Parties, after providing prompt written notification to the noncomplying Party, and upon the failure of the noncomplying Party to achieve compliance within 35 days following receipt of such notice, may seek all such remedies available under Colorado law. (03/08/19) Page 3 of 9 8. NO THIRD-PARTY BENEFICIARIES. This Agreement is entered into between the Parties for the purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this Agreement and the Parties are only benefitted to the extent provided under the express terms and conditions of this Agreement. 9. GOVERNING LAW AND ENFORCEABILITY. This Agreement shall be construed in accordance with the laws of the State of Colorado. The Parties recognize that the constitutions, statutes, and rules and regulations of the State of Colorado and of the United States, as well as the Parties’ respective bylaws, city charters and codes, and rules and regulations, impose certain legal constraints on each Party and that the Parties intend to carry out the terms and conditions of this Agreement subject to those constraints. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 10. WAIVER. A waiver of a breach of any of the provisions of this Agreement shall not constitute a waiver of any subsequent breach of the same or another provision of this Agreement. Nothing in this Agreement shall be construed as any waiver of governmental immunity of the Parties who are governments or any other governmental provisions of State law. Specifically, by entering into this Agreement, neither Party waives the monetary limitations on liability or any other rights, immunities, or protections provided by the Colorado Government Immunity Act, C.R.S. § 24-10-101, et seq., or any successor or similar statutes of the State of Colorado. 11. NOTICES. All notices or other communications hereunder shall be sufficiently given and shall be deemed given (i) when personally delivered; (ii) on the date and at the time of delivery or refusal of acceptance of delivery if delivered or attempted to be delivered by an overnight courier service to the party to whom notice is given at the address specified below; (iii) on the date and at the time shown on the electronic mail if sent by electronic transmission at the e-mail addresses set forth below and receipt of such electronic mail is acknowledged by the intended recipient thereof; or (iv) after the lapse of five business days following mailing by certified mail-return receipt requested, postage prepaid, addressed as follows: To Fort Collins: City Manager City Hall West 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 E-mail: epotyondy@fcgov.com (03/08/19) Page 4 of 9 and: Fort Collins Utilities Attn: Director of Plant Operations 4316 LaPorte Ave. Fort Collins, Colorado 80521 E-mail: mkempton@fcgov.com To ELCO: East Larimer County Water District Attn: District Manager 232 S. Link Lane (Zip Code: 80524) P.O. Box 2044 Fort Collins, Colorado 80522 Telephone: (970) 493-2044 Email: mikes@elcowater.org With copy to: Hasler, Fonfara and Goddard LLP Attn: Joseph H. Fonfara 125 S. Howes Street, 6 th Floor (Zip Code: 80521) P.O. Box 2267 Fort Collins, CO 80522 Telephone: (970) 493-5070 E-mail: JoeF@HFGLawfirm.com To FCLWD: Fort Collins-Loveland Water District Attn: District Manager 5150 Snead Drive Fort Collins, Colorado 80525 Telephone: (970) 226-3104 E-mail: chrism@fclwd.com With copy to: Collins Cockrel & Cole, P.C. Attn: Robert G. Cole 390 Union Boulevard, Ste. 400 Denver, Colorado 80228-1556 Telephone: (303) 218-7197 E-mail: rcole@cccfirm.com To NWCWD: North Weld County Water District Attn: District Manager 32825 CR 39 P.O. Box 56 Lucerne, Colorado 80646 Telephone: (970) 356-3020 E-mail: water@nwcwd.org (03/08/19) Page 5 of 9 With copy to: Hasler, Fonfara and Goddard LLP Attn: Joseph H. Fonfara 125 S. Howes Street, 6 th Floor (Zip Code: 80521) P.O. Box 2267 Fort Collins, CO 80522 Telephone: (970) 493-5070 E-mail: JoeF@HFGLawfirm.com 12. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as it was prepared by the Parties. Headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. 13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties regarding the matters addressed herein. This Agreement binds and benefits the Parties and their respective successors. Covenants or representations not contained in this Agreement regarding the matters addressed herein shall not bind the Parties. 14. REPRESENTATIONS. Each Party represents to the other parties that it has the power and authority to enter into this Agreement and the individual signing below on behalf of that Party has the authority to execute this Agreement on its behalf and legally bind that Party. 15. ASSIGNMENT. No Party may assign any rights or delegate any duties under this Agreement without the written consent of all other Parties. 16. SEVERABILITY. If any provision of this Agreement shall prove to be illegal, invalid, unenforceable or impossible of performance, the remainder of this Agreement shall remain in full force and effect. [Remainder of Page Intentionally Blank] (03/08/19) Page 6 of 9 CITY OF FORT COLLINS, COLORADO, a home-rule city By: ______________________________________ Date: Darin A. Atteberry, City Manager ATTEST: By: ______________________________________ City Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ City Attorney’s Office (03/08/19) Page 7 of 9 EAST LARIMER COUNTY WATER DISTRICT, a political subdivision of the State of Colorado By: ________________________________________ Date: Mike Scheid, General Manager (03/08/19) Page 8 of 9 FORT COLLINS-LOVELAND WATER DISTRICT, a political subdivision of the State of Colorado By: ________________________________________ Date: Chris Matkins, General Manager (03/08/19) Page 9 of 9 NORTH WELD COUNTY WATER DISTRICT, a political subdivision of the State of Colorado By: ________________________________________ Date: Eric Reckentine, General Manager