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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/19/2019 - FIRST READING OF ORDINANCE NO. 026, 2019, AUTHORIZAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY February 19, 2019 City Council STAFF Eileen Dornfest, Special Projects Manager Carol Webb, Deputy Directory, Utilities Gerry Paul, Director of Purchasing & Risk Management Eric Potyondy, Legal SUBJECT First Reading of Ordinance No. 026, 2019, Authorizing the Purchasing Agent to Enter into Contracts for Services, Professional Services and/or Construction in Excess of Five Years for the Proposed Enlargement of Halligan Reservoir. EXECUTIVE SUMMARY The purpose of this item is to authorize the Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five years in length for services, professional services, and/or construction of the proposed enlargement of Halligan Reservoir. Contracts authorized under the proposed ordinance could be extended up to the life of the project. Preliminary design of an enlarged Halligan Reservoir will likely begin in late 2019, and construction could begin four years later. Construction is anticipated to last approximately two years. Under this scenario and without this proposed ordinance, the design contract would expire while the Halligan Reservoir enlargement is under construction, a situation that would result in logistical, and cost ramifications for the City and the project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Halligan Water Supply Project (Halligan Project) is currently in the regulatory permitting phase, with federal permitting being led by the United States Army Corps of Engineers (Corps). The enlargement of Halligan Reservoir is the City’s preferred alternative for meeting water supply needs, due to relatively low costs and environmental impacts, and significant opportunities for environmental improvements downstream. Other alternatives considered have lower water quality, a larger construction footprint and infrastructure requirements, higher operations and maintenance costs, and overall higher cost per unit of water. The Corps is finalizing the Draft Environmental Impact Statement (EIS), which is scheduled for release in mid-2019. The overall schedule for the Halligan Project is primarily dictated by the federal permitting process, and the City has very limited control of the schedule until all permitting is complete. Federal permitting with the Corps began in 2006 and preliminary indications are that permitting could be complete in 2022. In addition to the federal permitting process led by the Corps, several other permits are needed from other federal, state, and county agencies prior to construction. Design of the dam raise will begin in 2019 in order to collect data to refine cost estimates and identify construction risks. Design for a project of the size and complexity of the enlargement of Halligan Reservoir typically takes several years and is conducted in phases. The first phase of design, Preliminary Design, is scheduled for 2019-2020 Agenda Item 11 Item # 11 Page 2 and will provide critical information needed to verify current Halligan Project assumptions, refine the current construction cost estimate, and provide information needed for several permits required for construction. A Request for Proposals for a design team will be released in 2019. This design team will not only design the enlargement of Halligan Reservoir, but will also play a critical role during construction to ensure that construction is performed in accordance with the design. If, for example, the contract for design is executed in 2019, the five-year contract limit for multi-year contracts stated in City Code Section 8-186(a) prohibits renewal of the contract beyond 2024 unless authorized by ordinance. A preliminary project schedule is included in the latest Halligan Project update attached and shows that construction is anticipated to be underway in 2024 and will last approximately two years. Given this schedule and the multi-year contract limitations per City Code, the contract for design would expire during construction. At that point, City Council could extend the contract for a longer term, or a mid-project competitive purchasing process would be required for design. A mid-project competitive purchasing process for the design team would at the least be disruptive to the project and incur additional cost to the City. At most it could initiate uncertainties for issues that arise during design or construction. A similar scenario could develop for the construction contractor, who will join the Halligan Project team during Preliminary Design and will be responsible for providing constructability input during design as well as construction of the multi-year project. Extending the length of contracts for the Halligan Project up to the life of the project will provide the City with the continuity needed for the project team to efficiently deliver this multi- year project. This Ordinance is being requested now, because the Draft EIS is scheduled for release in 2019, as shown in the attached preliminary project schedule. (Attachment 1) After public comments are received on the Draft EIS, design is anticipated to begin in late 2019. This Ordinance is being requested now, before initiation of the competitive purchasing process for design and before any contracts are executed, in order to set the project team up for success and continuity. The preliminary estimate for total cost of the construction contracts to build Halligan are anticipated to be approximately $40 to $50 million. The total cost of the design contracts is projected to be approximately 10 percent of construction costs. Staff is preparing a presentation on the Halligan project for the April 9 work session. This presentation will include an update on the project status and schedule, past work and project costs, upcoming work and costs, and an update on the permitting process, including the current permit status and the items that will be released for public review and comment in mid-2019. CITY FINANCIAL IMPACTS This is a cost avoidance measure. Cost efficiencies will be realized by the City if the Purchasing Agent can enter into contracts for design or construction in excess of five years for the Halligan Project. BOARD / COMMISSION RECOMMENDATION At its November 15, 2018 meeting, the Water Board unanimously voted to recommend that City Council adopt a revision to the ordinance to extend contracts related to design and construction of the Halligan Project through completion of the project, due to the uncertainty related to the timeframe for permitting. ATTACHMENTS 1. Permitting and Design Process (PDF) 2. Water Board Minutes, November 15, 2018 (PDF) 3. Halligan Water Supply Project Update, January 2019 (PDF) Notice of Intent; Agency and Public Scoping Develop Purpose & Need Conduct Baseline Environmental Studies Develop Alternatives Develop Common Technical Platform Develop and Issue Draft EIS 2006 2006-2012, 2015 2007-2015 2009 - 2012 2009-2015 2018-2019 Conduct Environmental Impact Studies 2015-2018 Public Comment Period Prepare and Publish Final EIS Record of Decision 2019 2019-2021 2022 Public Comment Period 2021-2022 Other Permitting (e.g., 401 cert., Fish & Wildlife Mitigation, reg. 1041, construction permits etc.) Construction 2023-2025 Preliminary & Final Design We are here Halligan Water Supply Project – Permitting and Design Process ATTACHMENT 1 Excerpt from MINUTES - WATER BOARD REGULAR MEETING November 15, 2018, 5:30 p.m. 222 Laporte Avenue, Colorado River Community Room 11/15/2018 – Excerpt from Unapproved DRAFT MINUTES Page 1 o Halligan Reservoir Contract Extension (Attachments available upon request) Special Projects Manager Eileen Dornfest provided an overview and answered questions. Presentation Summary: Continuity in team and design is essential to the success of the project, which has been in the permitting process with the U.S. Army Corps of Engineers for 13 years. Staff expects to need more than five years for the contract but less than 10 years. Construction is slated to start in 2020 and last two years. Staff seeks the Water Board’s recommendation to City Council for the November 20 Work Session. Discussion Summary: A board member commented that staff’s proposal is wise. Board Member Jim Kuiken moved for Water Board to recommend to City Council adoption of the ordinance authorizing the Purchasing Agent to enter into contracts for services, professional services and construction in excess of five years through completion of the proposed enlargement of Halligan Reservoir. Board Member John Primsky seconded the motion. Discussion on the Motion: None. Vote on the motion: It passed unanimously, 7-0. ATTACHMENT 2 HALLIGAN WATER SUPPLY UPDATE PROJECT January 2019 BACKGROUND If approved, the Halligan Water Supply Project would enlarge Halligan Reservoir, an existing reservoir on the North Fork of the Poudre River, to provide Fort Collins Utilities’ water customers with a reliable future supply for emergency, drought and climate-change related uncertainties. The project would expand the reservoir by about 8,100 acre-feet by increasing the height of the existing dam by 25 feet. For context, an average single-family home uses almost a third of an acre-foot of water each year (about 108,000 gallons). Permits are required from the U.S. Army Corps of Engineers (Corps) and other federal and state agencies to enlarge Halligan Reservoir. Before issuing permits, the Corps will produce draft and final Environmental Impact Statements (EIS), that will be published for public review and comment. The EIS will describe the environmental impacts of the project, along with the environmental impacts of projects identified as alternatives to enlarging the reservoir. 2018 YEAR IN REVIEW • Draft EIS – Portions of the draft EIS were written and present a summary of the technical work conducted to date, including: a. the purpose and need for the Halligan Water Supply Project b. a description and comparison of project alternatives c. a description of environmental and cultural resources that could be affected by each alternative d. direct and indirect effects of constructing each alternative • Development of mitigation and enhancement measures – The City will issue a Conceptual Mitigation Plan with the draft EIS. • Reintroduction of greenback cutthroat trout – Evaluation of the feasibility and cost of reintroducing greenback cutthroat trout, a “threatened” species, to the North Fork of the Poudre River as a possible project enhancement is ongoing. • Studies on wetlands and aquatic habitat – Staff completed additional studies on wetlands and aquatic habitat along the North Fork, as required by the Corps. To facilitate these studies, the water level in Halligan Reservoir was drawn down about 6 feet in May. • Land acquisition and easements – Staff began pursuing land acquisition and easements needed for the project. • Community Engagement and Communications Plan – A Community Engagement and Communications Plan was created to guide public outreach efforts on the project in 2019. • Outreach – Staff reached out to environmental groups and federal and state elected officials. 2019 PLANNED ACTIVITIES 2019 will be a busy year as the project reaches a permitting milestone. • Draft EIS release – All indications are that the federal permitting process is on track and a draft EIS is scheduled to be released in mid-2019. • Finalize documents – Staff will finalize documents to be released PROJECT SCHEDULE Release of the draft EIS is currently anticipated in mid-2019. Construction could begin as early as 2023. Other project milestones are shown in the timeline below. EXPENSES ($M)1 To Date2 Future Total Acquisition $3.3 $0.3 $3.6 Permitting & Mitigation $12.9 $8.1 $21.0 Construction - $31.3 $31.3 Debt Service3 $1.9 - $1.9 Risk Mitigation/Contingency - $16.3 $16.3 Total $18 $56 $74.1 ESTIMATED FINAL UTILITY COST ($M) To Date2 Future Total Project Costs $18.1 $56.0 $74.1 Less Reimbursements4 ($4.6) ($0.1) ($4.7) Total5 $13.5 $55.9 $69.4 APPROPRIATIONS ($M) To Date2 Future Total Past Appropriations $37.4 - $37.4 Required Future Appropriations - $36.7 $36.7 Total $37.4 $36.7 $74.1 1. Future expenses include escalation through 2023 in each line item. Future expenses are expected to change as new project information is obtained. Line items may not sum to total due to rounding. 2. Life-to-date project costs through December 2019. 3. Debt service payments from 2004-2014 were allocated as Halligan Water Supply Project expenses. Future debt service payments will not be a project cost. 4. Reimbursements were received from former project partners (North Poudre Irrigation Co. and the Tri-Districts) between 2005-2014; miscellaneous reimbursements have been and will be collected from the City of Greeley and future rents. Reimbursements for project expenses require Council action to be reappropriated to the project budget. 5. Total cost includes debt service and deducts reimbursements. ANTICIPATED COST The current total estimated cost of the project is $74.1 million, based on an updated 2018 cost estimate. A breakout of costs is provided in the table to the right. Most of the cost is related to permitting, mitigation and construction. Although current cost estimates indicate a total project cost of $74M, standard practices indicate costs could vary significantly due to the conceptual nature of the project. Costs of the project will continue to be refined as additional information is obtained and project requirements are further defined. The next cost estimate update will be performed in 2019 after refining land acquisition and mitigation needs. Costs will again be updated in 2020 after preliminary design is complete. Although costs of the Halligan Project will continue to be updated as new information is obtained, it continues to be a cost-effective project for meeting the City’s water supply needs.The project is currently anticipated to provide firm yield at a cost of about $9,000 per acre-foot. For comparison, the market rate for firm -1- ORDINANCE NO. 026, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASING AGENT TO ENTER INTO CONTRACTS FOR SERVICES, PROFESSIONAL SERVICES, AND/OR CONSTRUCTION IN EXCESS OF FIVE YEARS FOR THE PROPOSED ENLARGEMENT OF HALLIGAN RESERVOIR WHEREAS, City Code Section 8-186(a) states that no contract for services or professional services, including all renewals, shall be made by the City for a period longer than five years, unless authorized by ordinance, which ordinance shall not be passed as an emergency ordinance; and WHEREAS, City is pursuing the Halligan Water Supply Project (“Project”), which includes the City’s preferred alternative of the enlargement of Halligan Reservoir, an existing reservoir located on the North Fork of the Cache la Poudre River; and WHEREAS, the enlargement of Halligan Reservoir will be a substantial undertaking that will require significant design and construction work, the specifics of which depend on various investigations that are planned to be completed; and WHEREAS, the work associated with the enlargement of Halligan Reservoir, including design and construction work, will likely take more than five years due to various factors, including the scope of the Project and legal and regulatory requirements; and WHEREAS, it is in the best interest of the City and the citizens of Fort Collins, including ratepayers of Fort Collins Utilities, that the Purchasing Agent be authorized to enter into contracts for services, professional services, and/or construction in excess of five years for the proposed enlargement of Halligan Reservoir in order to, among other things, receive better proposals for the design and construction work, maintain continuity of the design and construction work throughout the Project, and therefore avoid costs related to transitions of project team members due to contract expiration. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 Purchasing Agent is hereby authorized to enter into contracts for services, professional services, and/or construction in excess of five years for the proposed enlargement of Halligan Reservoir, but not to extend beyond the completion of the project and any associated warranty periods. -2- Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk yield from the Colorado-Big Thompson (CBT) Project is approximately $60,000. Unit costs of the Northern Integrated Supply Project (NISP) and Windy Gap Firming Project are currently $27,500 and $19,000 per acre-foot, respectively. For more information, visit fcgov.com/halligan Eileen Dornfest, Special Projects Manager • 970-416-4296 • halligan@fcgov.com Auxiliary aids and services are available for persons with disabilities, V/TDD 711. Esta información puede ser traducida, sin costo para usted, 970-212-2900. Utilities ‘06 ‘07 ‘08 ‘09 ‘10 ‘11 ‘12 ‘13 ‘14 ‘15 ‘16 ‘17 ‘18 ‘19 ‘20 ‘21 ‘22 ‘23 ‘24 ‘25 ‘26 Federal Permitting Other Federal & State Permitting Preliminary Design Final Design Construction Enlarged Halligan Operations — Record of Decision Purpose & Need — Notice of Intent Baseline Environmental Studies Alternatives Environmental Impact Studies — Develop & Issue Draft EIS — Draft EIS Comment Period — Prepare & Release Final EIS — EIS Comment Period WE ARE HERE — Purpose/Need Project schedule is dependent on permitting schedule and subject to change. with the draft EIS, including the Conceptual Mitigation Plan and the Operations Plan for the Halligan Water Supply Project. • Preliminary design – Preliminary design activities will begin, including procuring the design team and initiating data collection and design activities needed to refine cost estimates. • Additional outreach – Staff will provide public outreach through a website update in January and other targeted efforts. • State permits – Consultation will begin with Colorado Parks & Wildlife and Colorado Department of Health and Environment on required state permits. ATTACHMENT 3