HomeMy WebLinkAbout24-23 Approving IGA City of Thornton Emergency Raw Water Interconnection 02-14-2024RESOLUTION NO.24-23
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF FIRESTONE COLORADO AND
THE CITY OF THORNTON COLORADO FOR AN EMERGENCY RAW
WATER INTERCONNECTION
WHEREAS, the City of Thornton ("Thornton") plans to install, construct, operate and
maintain a domestic water transmission system ("Thornton Water Project") referenced herein as
("the Pipeline"); and
WHEREAS, the Town of Firestone's ("Town") water supply system receives water from
various sources; and
WHEREAS, emergencies such as a main break, other infrastructure failure, natural disaster,
or electrical or mechanical failures may occur where in the interest of the public health, safety and
welfare it would be beneficial if the Town's water utility system was connected to the Pipeline; and
WHEREAS, Thornton shall construct an Interconnect as part of the Pipeline which shall be
activated upon the request of the Town and used in accordance with a Standard Operating Procedure
established by the parties; and
WHEREAS, the Town shall be billed for water used through the Interconnect at Thornton's
then current rates; and
WHEREAS, the Intergovernmental Agreement specially provides that upon its approval by
each entities governing body authority is granted to each entities manager and the designee of the
Town's manager to execute all documents necessary for the installation, construction, operation and
maintenance of the Interconnect.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Intergovernmental Agreement between the Town of Firestone Colorado and the City of
Thornton Colorado for an Emergency Raw Water Interconnection is approved in substantially the
same form as the copy attached to this resolution and the Mayor is authorized to execute the
Intergovernmental Agreement on behalf of the Town.
INTRODUCED, READ AND ADOPTED this 14 day of February, 2024.
TOWN OF FIRESTONE, COLORADO
ATTEST:
A lan Person, Mayor
Min una Gonzalez, Interim Town Clerk _ . 1
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DocuSlgn Envelope ID: F7F25A15-75A8-4CB7-BA58-CD4A7EACB4FD
C.D. No. 2024-065
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), is, made and
entered into effective the �_ day of QeJ I , 2024 by and between Town of
Firestone, a Colorado statutory municipality ("Firestone") and the City of Thornton, a
Colorado home rule municipality ("Thornton"), collectively (the "Parties").
WITNESSETH:
WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution and
Sections 29-1-201, et seq-, and 29-20-105 of the Colorado Revised Statutes authorize
and encourage governments to cooperate by contracting with one another for their mutual
benefit; and
WHEREAS, Thornton plans to install, construct, operate and maintain a domestic
water transmission system, generally referred to as the Thornton Water Project and
appurtenances thereto ("the Pipeline"); and
WHEREAS, Firestone owns and operates a water system which is supplied water
from various sources; and
WHEREAS, emergency water supply situations may occur during which the best
interests of the health, safety and welfare of Firestone would be served if Firestone's
system were connected to the Pipeline in a manner that Thornton could assist Firestone
during such an emergency.
NOW, THEREFORE, in consideration of the foregoing and the terms, covenants,
conditions and provisions hereinafter set forth and other good and valuable consideration,
the receipt and adequacy of which are hereby confessed and acknowledged, the Parties
hereto agree as follows:
AGREEMENT
Purpose. The purpose of this Agreement is to set forth the terms and conditions to
allow for the installation, construction, operation and maintenance of an emergency
raw water interconnection between the Pipeline and Firestone's water system. All
conditions contained herein are in addition to applicable state statutes, and are not
intended to supersede such requirements, except as specifically provided in this
Agreement. All exhibits attached hereto are incorporated herein by this reference and
are an integral part hereof.
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C.D. No. 2024-065
2. Interconnect construction. Thornton shall construct and install a twelve (12) inch "T"
and valve ("Interconnect") as part of the construction and installation of the Pipeline,
in the form and manner as shown on Exhibit A, attached hereto and incorporated
herein by reference, and shall install the Interconnect at the location shown on Exhibit
B attached hereto and incorporated herein by reference.
3. Firestone connection to Interconnect. Firestone, at Firestone's expense, shall have
the right to connect its raw water system to the Interconnect. Firestone's connection
to the Interconnect shall include facilities necessary to accurately measure the flow of
water through the Interconnect to Firestone's raw water system, both on an
instantaneous basis and on a totalizing basis, and to prevent backflow from
Firestone's raw water system through the Interconnect to the Pipeline. Thornton shall
review and approve the design of the facilities connecting the Interconnect to
Firestone's raw water system. Thornton's approval shall not be unreasonably
withheld.
4. Ownership of facilities. Thornton shall own and be responsible for all Interconnect
facilities up to and including the facilities shown on Exhibit A. Firestone shall own and
be responsible for the connection to all facilities downstream of the facilities shown on
Exhibit A.
5. Use of Interconnect. The Interconnect shall be used in the event of an emergency if
Thornton is capable of, as defined below, providing raw water at the time of the request
to activate the Interconnect. For purposes of this Agreement, an emergency is a main
break, other infrastructure failure, a catastrophe, a natural disaster, or any electrical
or mechanical power failure or other occurrence beyond the Town's control, which
causes partial or total inability of Firestone's raw water system to provide adequate
water for fire protection and/or domestic water service. A shortage of untreated water
available to Firestone's water system or pursuant to its water rights due to drought or
other hydrologic conditions shall not be deemed an emergency.
6. Capable of orovidina raw water.
a. Thornton shall not be deemed capable of providing raw water for events that
affect the structure, integrity or operation of the Pipeline or the source of water
available to Thornton beyond its reasonable control, including but not limited
to: 1) acts of God (such as, but not limited to, fires, explosions, earthquakes,
drought, and floods); 2) acts of war (whether declared or not), hostilities,
invasion, act of foreign enemies, terrorism or civil disorder; 3) any legal
prohibition to operating the Pipeline or delivery of Thornton's source water, 4)
contamination of the source water such that Thornton would not take such
source water into its municipal supply; 5) loss of electrical power; 6) accident,
breakage, or equipment failure causing the Pipeline to be inoperable; or 7)
other unforeseeable circumstance beyond the control of Thornton and which
Thornton cannot avoid even by using its best efforts.
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C.D. No. 2024-065
b. Thornton shall not be deemed capable of providing raw water in situations
where Thornton, in its sole discretion, -needs one hundred percent (100%) of
either the Pipeline capacity or Thornton's source water or both, for delivery of
or use of its source water for its own municipal uses. If the Interconnect has
been activated and Thornton does not have the Pipeline capacity or its source
water available in excess of what is required to meet its own water needs,
Thornton may cease deliveries and deactivate the Interconnect upon twelve
(12) hours written notice to Firestone.
c. If Firestone has requested Thornton to activate the Interconnect and Thornton
is not capable of providing raw water as provided in paragraph 5.a. or 5.b.
above, Thornton shall notify Firestone of the nature and expected duration of
such event and shall thereafter keep Firestone Informed of the status of
Thornton's capability of providing raw water. Thornton shall use all reasonable
means to overcome the effects of such event and to provide raw water as soon
as reasonably practicable.
7. Activation of Interconnect. In the event of an emergency, as defined in paragraph 5,
Firestone shall request Thornton to activate the Interconnect to deliver raw water into
Firestone's system. The request for activation shall be made by calling the phone
number provided by Thornton in the SOP, as defined in paragraph 8. If an emergency
exists, and Thornton is capable of providing raw water, Thornton shall activate the
Interconnect as promptly as is reasonably possible and shall take an opening read of
the meter. Unless otherwise provided in the SOP, activation of the Interconnect shall
be done by employees of Thornton. Prior to Thornton opening the Interconnect,
Firestone shall be notified of the reading and offered the opportunity to verify the
reading by accompanying Thornton personnel for another reading, to take place within
24 hours of the such request for verification
8. Operation of Interconnect. Firestone and Thornton shall develop a Firestone
Emergency Raw Water Interconnect Standard Operating Procedure (SOP) for
operation of the Interconnect. Among other matters, the SOP will address that
minimum flows may be required depending on the situation. The Interconnect shall
not be operated without a mutually agreed -upon SOP executed by Thornton's
Executive Director for Infrastructure (or equivalent) and Firestone's Public Works
Director (or equivalent). The Parties agree to act in good faith to develop an SOP that
satisfies the intent and purposes of this Agreement.
9. Deactivation of Interconnect. Firestone shall make all reasonable efforts to resolve
the emergency situation and curtail deliveries from the Interconnect as soon as
possible. So long as Thornton is capable of providing raw water, Firestone shall have
the right to use the Interconnect for the duration of the emergency event giving rise to
the request or other reasonable time period as necessary to allow it to resolve the
emergency situation. Firestone will notify Thornton of its intent to stop delivery of
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C.D. No. 2024-065
water through the Interconnect as soon as is reasonably possible after such intent is
known by Firestone. When deliveries have ceased, Thornton will close the
Interconnect valve, take a closing read of the meter, and remove the meter. Firestone
shall be notified of the closing read within 24 hours of its deactivation and shall be
offered the opportunity to verify the reading by accompanying Thornton personnel for
another reading to take place with 24 hours of such request for verification. Unless
otherwise provided in the SOP, deactivation of the Interconnect and removal of the
meter shall be done by employees of Thornton.
10. BE[M. Billing for water delivered to Firestone through the Interconnect will beat the
then -current rate Thornton charges for delivery of non -potable water to non -potable
customers. However, additional operation and maintenance costs will be charged if
Thornton must start up and operate the Pipeline to make emergency Interconnect
deliveries to Firestone to the extent that Pipeline is not otherwise delivering water and
Thornton is capable of delivering water. Thornton shall bill Firestone within sixty (60)
days following delivery, and payment shall be due within thirty (30) days of the billing
date.
11.Water pressure. Thornton makes no guarantee of pressure of water available through
the Interconnect, and Firestone understands and acknowledges that significant
pressure fluctuations may occur.
12. Water duality. Thornton makes no guarantee as to the quality of the water available
through the Interconnect, and Firestone understands and acknowledges that
significant quality fluctuations may occur. Firestone further understands and
acknowledges that the water delivered through the Interconnect may be of significantly
different quality than Firestone's other raw water sources and accepts all responsibility
for the quality of water provided to its customers.
13.Liability for use of Interconnect. It is expressly understood that in the event the
Interconnect is activated and to the fullest extent permitted by law, Firestone agrees
to indemnify and hold harmless Thornton, its officers, agents and employees against
any and all liability, loss, damage, demands, actions, causes of action or expenses of
whatever nature (including court costs and attorney's fees) which may resultfrom any
injuries or damage received by any person, firm, corporation or other entity, which
arise out of or are caused by of the delivery of raw water through the Interconnect, or
in connection with Thornton's furnishing of emergency water service to Firestone
under this Agreement, except for such liability, loss, damage, demands, actions,
causes of action or expenses which are attributable to negligent acts or omissions or
willful misconduct of Thornton, its employees, agents or contractors.
14.Term. This Agreement shall be effective for a ten-year term beginning on the date of
execution hereof. Upon expiration of the ten-year period, this Agreement shall be
automatically renewed for additional ten-year periods until terminated by Firestone.
Firestone may terminate this Agreement at any time by providing sixty (60) days prior
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C.D. No. 2024-065
written notice of termination of the Agreement. Thornton may only terminate the
Agreement as provided in paragraph 15.
15.Termination. If either Party fails to comply with a material term of this Agreement, the
non -defaulting Party may provide notice of the alleged performance failure to the other
Party and the Parties shall within thirty (30) days meet and confer in good faith In an
effort to agree on a resolution of the breach. if the Parties are unable to resolve the
dispute despite such good faith efforts, then either Party may, at its option, commence
mediation. The mediation shall occur at a location that is within fifty miles of Thornton,
unless the Parties agree to a different location, and the cost shall be split equally
between the Parties. If the Parties are not able to resolve the dispute within sixty (60)
days of ttie commencement of mediation, in addition to other remedies available at
law, then either Party may provide ninety (90) days written notice to terminate this
Agreement.
16.Use of Thornton water. All water furnished pursuant to this Agreement is on a
leasehold basis for the use of Firestone and its customers for all the various purposes
for which Thornton has been decreed the right to appropriate water. Water delivered
to Firestone through the Interconnect for use by Firestone and its customers is for
primary use only and does not include any right to make a succession of uses of such
water. Upon completion of the primary use by Firestone or its customers all dominion
and control over the water delivered through the Interconnect reverts completely to
Thornton. Except as otherwise provided, all property rights to the water to be
furnished by Thornton hereunder are reserved by Thornton, provided, however, that
nothing herein shall be deemed or construed as creating an obligation on Thornton to
separate said water from any material added to it in use by Firestone or its customers
or as creating any obligation on Thornton regarding the treatment of any wastewater
generated by the use of water delivered to Firestone through the Interconnect. It is
mutually agreed that there is no obligation on Firestone to create any particular volume
of return flow from water delivered pursuant to this agreement. Firestone will
cooperate with Thornton to provide any water accounting information required by the
State Engineer's Office from use of the Interconnect.
17.Thomton's water rights. It is specifically acknowledged by Firestone that the water to
be delivered in the Pipeline is associated with Thornton's Northern Project Decree on
Remand Case No. 87CW332. Thornton's water is not decreed for use in or by
Firestone, and any use by Firestone is subject to administration, including curtailment,
by the State Engineer's Office.
18.Acknowledciements. It is expressly understood that Thornton and Firestone cannot be
legally bound by the representations of any of its officers or agents or their designees
except in accordance with Thornton City Charter and Thornton City Code, Firestone
Municipal Code, and the laws of the State of Colorado. Nothing contained in this
Agreement shall constitute or be interpreted as a repeal of existing codes or
ordinances, or as a waiver or abrogation of each other's legislative, governmental, or
police powers to promote and protect the health, safety and general welfare of their
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C.D. No. 2024-065
respective city and Firestone or its inhabitants; nor shall this Agreement prohibit the
enactment by Thornton or Firestone within their respective jurisdictions of any fee,
ordinance, resolution, rule or regulation which is of uniform and general application.
19. Notice. All notices required under this Agreement shall be in writing, except for notices
regarding activation of the Interconnect provided in paragraph 7 above, and shall be
hand -delivered or sent by registered or certified mail, return receipt requested,
postage prepaid, to the addresses of the Parties herein set forth. All notices so given
shall be considered effective on the date of delivery or seventy-two (72) hours after
deposit in the United States mail with the proper address as set forth below. Either
party by notice so given may change the address to which further notices shall be
sent.
Notice to Town: Town of Firestone
9950 Park Avenue
Firestone, CO 80504
with copy to: Town Attorney
1650 38t' St., Ste. 103W
Boulder, CO 80301
Notice to Thornton: City of Thornton
9500 Civic Center Drive
Thornton, CO 80229
with a copy to: City Attorney
City of Thornton
9500 Civic Center Drive
Thornton, CO 80229
Notwithstanding the foregoing, either Party may provide electronic mail ("e-mail')
notice on the condition that the other Party acknowledges receipt of the e-mail and
does not object to the delivery of notice by e-mail.
20.Assianment. Thornton shall have the right to assign or transfer all or any of its
interests, rights, or obligations under this Agreement related to the Pipeline to any
person or entity, directly or indirectly, controlling, controlled by, or under common
control with Thornton without the consent of Firestone. The terms "controlling,"
"controlled by," or "under common control with," shall mean the possession, direct or
indirect, of the power to direct or cause the direction of the management and policies
of an entity whether through the ownership of voting securities or otherwise. Thornton
shall also have -the right to assign or transfer all or any of its interests, rights, or
obligations under this Agreement related to the Pipeline to any other person or entity
having the legal authority and financial ability to perform the obligations being
assigned to such person or entity after at least thirty (30) days prior written notice to
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C.D. No. 2024-065
Firestone and obtaining Firestone's consent, which shall not be unreasonably
withheld. Upon such notice and written assumption of the obligations of Thomton by
an assignee, the assignor shall be relieved of any further obligations or liability with
respect to the performance of any of the duties or obligations of Thomton which have
been assigned or transferred arising after the date such duties and obligations are
assumed by the assignee.
21.Authority to execute documents. This Agreement must be mutually approved by
Thomton's City Council and Firestone's Town Council. Thornton City Council's
approval of this Agreement will authorize the Thomton City Manager to execute other
documents as needed as long as the documents are consistent with the terms of this
Agreement. Firestone's Town Council's approval of this Agreement will authorize the
Firestone Town Manager or his or her designee to execute all documents necessary
to allow the installation, construction, operation and maintenance of the Interconnect
in Firestone, including, but not limited to all easements, permits and licenses, as long
as the documents are consistent with the terms of this Agreement.
22.Title and authority. The persons signing this Agreement on behalf of Thornton and
Firestone represent and warrant that he or she has full power and authority to enter
into this Agreement on behalf of Thornton or Firestone, respectively. Firestone and
Thornton understand that each is relying on such representations and warranties in
entering into this Agreement.
23. Colorado Governmental Immunity Act. The Parties hereto understand and agree that
they are relying on, and do not waive or intend to waive, by any provision of this
Agreement, any rights, protections, or privileges provided by the Colorado
Governmental Immunity Act, C.R.S. 24-10-101 et seq., as it is from time to time
amended, or otherwise available to the Parties, their officers, or employees.
24. Entire agreement - amendments. This Agreement represents the entire agreement of
the Parties with respect to the installation and operation of the Interconnect. There are
no promises, terms, conditions, or obligations other than those contained herein,
which shall supersede all previous communications, representations or agreements,
either verbal or written, between the Parties hereto. This Agreement may be amended
only by written agreement between Thomton and Firestone.
25. Severability. If any part, term, or provision of any portion of this Agreement is held by
a court of competent jurisdiction to be illegal, unenforceable, declared void or in
conflict with any law of the State of Colorado by final court action, meaning that no
appeal can be made or the time to appeal has expired, the validity of the remaining
portions or provisions shall not be affected, and the rights and obligations of the
Parties shall be construed and enforced as if the Agreement did not contain the
particular part, term, or provision held to be invalid, and the Parties shall cooperate to
cure any such defect. If such defect has affected the ability of Thomton to install,
construct or maintain the Interconnect in Firestone after cure, the Parties agree to take
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C.D. No. 2024-065
such reasonable steps as are necessary to allow installation, construction,
maintenance and operation of the Interconnect.
26. Effective date. This Agreement shall be effective and binding upon both Parties as of
the date first set forth above.
27. Further assurances. The Parties agree to execute such additional documents and take
such additional action as may be necessary to effectuate the intent of this Agreement.
28.No duress. The Parties agree that this Agreement is freely and voluntarily executed
by them after an opportunity for each party to obtain legal advice.
29.Execution and counteroarts. This Agreement may be executed and filed in any
number of counterparts, all of which when taken together shall constitute the entire
agreement of the Parties. Signature pages may be removed from any counterpart and
attached to another counterpart to constitute a single document.
30.Governing law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Colorado. Should any party institute legal suit or action
for enforcement of any right or obligation contained herein, it is agreed that exclusive
venue of such suit or action shall be in Weld County, Colorado.
31.Thlyd Party beneficiaries. This Agreement is made by and between the Parties and, to
the extent permitted, successors or assigns and solely for their benefit. No third parties
shall be entitled to enforce the duties or enjoy the rights created herein.
32.Caotlons. The captions to this Agreement are inserted only for the purpose of
convenient reference and in no way define, limit or prescribe the iscope or intent of this
Agreement or any part thereof.
33.APProvals. Whenever approval or acceptance of Firestone is necessary pursuant to
any provisions of this Agreement, Firestone shall act in a timely manner in responding
to such request for approval or acceptance and shall not unreasonably withhold such
approval or acceptance.
IN WITNESS WHEREOF, this Agreement has been executed by the Parties,
intending to be legally bound hereby as of the date first set forth above.
Exhibits to Agreement
A — Interconnect Detail
B — Map for Location of Interconnect
[Signature pages follow]
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C.D. No. 2024-065
TOWN OF FIRESTONE, COLORADO,
a Colorado statutory municipality
ATTEST.
LA W� Drew Alan Peterson, Mayor
Mi4errfi Luna Gonzalez, Interim Town Clerk
APPROVED AS TO FORM: 1UWN
SEAL
0
Willis i. Attorney c��ITY G
STATE OF COLORADO )
)Ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
e W 2024, by, Mayor, Town of Firestone.
WITNESS my hand and official seal.
My commission expires: 0111,40a6
:NOARY
issa Ca"anco
TARY PUBLIC
OF: COLORADO
ID 20184007447 NOTARY PUBLIC
W)N EXPIRES Au"1, 2026
DocuSign Envelope ID'. F7F25A15-75A8-4CB7-BA58-CD4A7EACB4FD
C.D. No.2024-065
CITY OF THORNTON, COLORADO,
a Colorado home rule municipality
Brett E. Henry, herim City Manager
ATTEST:
Kriste osenbaum, City Cleric
APPROVED AS TO FORM:
Tami Yellico, City Attorney
FDxuSigned/b'y�:
AN1t l�t,( (h
a l Attorney
STATE OF COLORADO )
)ss.
COUNTY OF ADAMS )
Subscribed and acknowledged before methis I � day of 21 pY-1 2024,
by Brett E. Henry, Interim City Manager, City of Tiomton, a Colorado fioine rule municipality.
WITNESS my hand and official seal.
My commission expires: J a n� ,s, 20o �P
otary ublic
JOANNA CHAVEZ
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20184003175
JAAY COMMISSION EXPIRES JAN 18, 2026
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C.D. No. 2024-065
Exhibit A to INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
FIRESTONE, COLORADO AND THE CITY OF THORNTON, COLORADO FOR AN
EMERGENCY RAW WATER INTERCONNECTION
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EXHIBIT A
C.D. No. 2024-065
BACKFILL
WATER \
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OPERATING PRESSURES:
- MAX PRESS: 324-PSI
- MIN PRESS: 252-PSI
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SPOOL WITH
BLIND FLANGE
PIPE BEDDING
7 VALVED OUTLET
- SCALE: NTS
FILE: NA
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C.D. No. 2024-065
Exhibit B to INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
FIRESTONE, COLORADO AND THE CITY OF THORNTON, COLORADO FOR AN
EMERGENCY RAW WATER INTERCONNECTION
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COUNCIL COMMUNICATION
April 9, 2024 10H CONSENT CALENDAR —1:i Reading
—2nd Reading
Subject:
A resolution approving an Intergovernmental Agreement between the Town of Firestone, Colorado,
and the City of Thornton, Colorado, for an emergency raw water interconnection.
Department Head Review: Approved by: Ordinance previously
Todd Rullo, Interim Director of Utilities Brett Henry, Interim City introduced by:
and Infrastructure Manager
Presenter(s):
Jason Pierce, Infrastructure Engineering Director
SYNOPSIS:
This resolution approves an Intergovernmental Agreement (IGA) with the Town of Firestone (Firestone)
to allow for the installation of an emergency interconnection to Firestone's water system as part of the
construction and installation of the Thornton Water Project (TWP) pipeline. This allows Firestone, at
Firestone's expense to connect its raw water system to the interconnect.
RECOMMENDATION:
Staff recommends Alternative No. 1, approval of the resolution approving the IGA with Firestone to
allow Firestone to connect to and use the emergency interconnect.
BUDGET/STAFF IMPLICATIONS:
Upon use of the emergency interconnection by Firestone, the City will bill for water delivered at the
then -current rate the City charges to deliver non -potable water to non -potable customers. Additional
operation and maintenance costs will be charged if the City must start and operate the pipeline to
make emergency interconnect deliveries to Firestone.
ALTERNATIVES:
1. Approve the resolution approving IGA with Firestone.
2. Do not approve the resolution approving IGA with Firestone and do not allow Firestone to connect
and utilize the emergency interconnect, thus jeopardizing the ability to construct the TWP pipeline
within Firestone's jurisdiction.
BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action)
As part of ongoing negotiations with Firestone over the past two years for the installation, construction,
operation, and maintenance of the TWP pipeline, three agreements were established:
1. The Master License Agreement is responsible for installing, constructing, operating, and
maintaining the TWP pipeline and appurtenances through specific properties and Firestone
rights -of -way.
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COMMUNICATION
PAGE 2
2. An IGA for installing, constructing, operating, and maintaining an emergency raw water
interconnection between the TWP pipeline and Firestone's water system.
3. An IGA for the lease of a minimum of five cubic feet per second of excess TWP pipeline capacity,
subject to the City's capacity needs, for up to 10 years after the pipeline is put into operation,
which shall be automatically renewable for succeeding terms of five years each.
The City shall construct and install a 12-inch tee and valve as part of the pipeline construction and
installation as shown on Page 3 of this communication. Firestone, at Firestone's expense, shall connect
its raw water system to the interconnect. Firestones connection to the interconnect shall include
facilities necessary to accurately measure the flow of water through the interconnect to Firestone's raw
water system, both on an instantaneous basis and on a totalizing basis to prevent backflow from
Firestone's raw water system through the interconnect to the pipeline.
The City shall own and be responsible for all interconnect facilities up to and including the facilities
shown on Page 3 of this communication. Firestone shall own and be responsible for the connection to
all facilities downstream of the facilities shown on Page 3 of this communication.
The interconnect shall be used in an emergency if the City can provide raw water at the time of the
request to activate the interconnect. An emergency is considered a main break, other infrastructure
failure, a catastrophe, a natural disaster, or any electrical or mechanical power failure or other
occurrence beyond Firestone's control that causes partial or total inability of Firestone's raw water
system to provide adequate water for fire protection and/or domestic water service. A shortage of
untreated water available to Firestone's water system or under its water rights due to drought or other
hydrological conditions shall not be deemed an emergency.
The City does not guarantee the water pressure or water quality available through the interconnect
ATTACHMENTS:
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PAGE 3
Emergency Interconnect
Detail
BACKFILL
PTOD
V WATER
MAIN
12" BALL
VALVE —
INSULATING
FLANGE AND
TEST STATION
OPERATING PRESSURES:
- MAX PRESS: 324-PSI
- MIN PRESS: 252-PSI
TXV CONC
PAD
7 VALVED OUTLET
SCALE: NTS
FILE: NA
12"FLANGED
SPOOL WITH
BLIND FLANGE
BEDDING
Certificate Of Completion
Envelope Id: F7F25A1575A84CB7BA58CD4A7EACB4FD
Subject: Complete with DocuSign: April 9, 2024 Council Documents part 1
Source Envelope:
Document Pages: 97 Signatures: 25
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
Record Tracking
Status: Original Holder: Lucia Higginbotham
4/10/2024 10:51:07 AM Lucia.Higginbotham@thomtonco.gov
Signer Events Signature
Jan Kulmann D�us�bn.d br:
jan.kulmann@thomtonco.gov E-?"" v�''^`•"-
Security Level: Email, Account Authentication ..zmzen5seeass
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/10/2024 5:43:39 PM
ID: 8d5043a7-cc9b-436e-954c-6638f1 del 57c
Tami Yellico
tami.yellico@thomtonco.gov
City Attorney
City of Thornton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brett Henry
brett.henry@ThomtonCO.gov
Interim City Manager
SHI OBO City of Thornton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kristen N. Rosenbaum
Kdsten.Rosenbaum@ThomtonCO.gov
City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/8/2020 2:24:52 PM
ID: bded6f2a-b706-4e79-96c3-bOBda6b824e1
Signature Adoption: Uploaded Signature Image
Using IP Address: 76.154.207.120
o«uspmdw
lam *10
BBP9O5 RCNCr
Signature Adoption: Pre -selected Style
Using IP Address: 174.198.139.191
Signed using mobile
oxusgnw bv:
C BF9F
Signature Adoption: Pre -selected Style
Using IP Address: 65.113.229.105
PocuBlpmtl by:
E, .
D51BB2B0<ECE4Q
Signature Adoption: Uploaded Signature Image
Using IP Address: 172.59.225.130
Signed using mobile
DocuSign
Status: Completed
Envelope Originator:
Lucia Higginbotham
9500 Civic Center Drive
Thornton, CO 80229
Lucia.Higginbotham@thorntonco.gov
IP Address: 199.117.212.4
Location: DocuSign
Timestamp
Sent: 4/10/2024 11:04:31 AM
Viewed: 4/10/2024 5:43:39 PM
Signed: 4/10/2024 5:43:56 PM
Sent: 4/10/2024 5:44:01 PM
Viewed: 4/10/2024 5:55:32 PM
Signed: 4/10/2024 5:55:54 PM
Sent: 4/10/2024 5:55:57 PM
Viewed: 4/11/2024 6:46:15 AM
Signed: 4/11/2024 6:46:23 AM
Sent: 4/11/2024 6:46:26 AM
Viewed: 4/11/2024 9:16:26 AM
Signed: 4/11/2024 9:16:52 AM
In Person Signer Events Signature Timestamp
Editor Delivery Events
L
Status
Timestamp
Agent Delivery Events
Status
Timestamp
intermediary Delivery Events
Status
_ Timestamp_
_
Certified Delivery Events
Status
Timestamp
Carbon Copy Events` A
Status
Timestamp
Witness Events
Signature
Timestamp
_
A
_ ^
Notary Events
Signature
Timestamp
_
Envelope Summary Events
Status
Timestamps
i
Envelope Sent
_ Hashed/Encrypted
4/10/2024 11:04:31 AM
Certified Delivered
Security Checked
4/11/2024 9:16:26 AM
Signing Complete
Security Checked
4/11/2024 9:16:52 AM
Completed Security Checked 4/11/2024 9:16:52 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure I
Certificate Of Completion
Envelope Id: 69BEBB506B2343D3983805E174BEC439
Subject: Complete with DocuSign: April 9, 2024, Council Document Meeting part 2
Source Envelope:
Document Pages: 212 Signatures: 30
Certificate Pages: 5 Initials: 0
Al Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
Record Tracking
Status: Original Holder: Lucia Higginbotham
4/10/2024 11:40:42 AM Lucia.Higginbotham@thomtonco.gov
Signer Events Signature
Jan Kulmann n e9:
jan.kulmann@thomtonco.gov
Security Level: Email, Account Authentication <znazcnsse9s9s.
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 76.154.207.120
Electronic Record and Signature Disclosure:
Accepted: 4/10/2024 5:42:10 PM
ID: 2fbe20ae-bd64-4255-8768-fba93708767d
Tam! Vellico
tami.yellico@thomtonco.gov
City Attorney
City of Thornton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brett Henry
brett.henry@ThomtonCO.gov
Interim City Manager
SHI OBO City of Thornton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kristen N. Rosenbaum
Kristen.Rosenbaum@ThorntonCO.gov
City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/8/2020 2:24:52 PM
ID: bded6f2a-b706-4e79-96c3-bOBda6b824e1
[o«usq«a ey:
raxri �aut�
esrsos99eaa�ce
Signature Adoption: Pre -selected Style
Using IP Address: 174.198.139.191
Signed using mobile
[o«usalnr".LFa�erry�u1
VM4F6FCW19.
Signature Adoption: Pre -selected Style
Using IP Address: 65.113.229.105
Co«�sir«a er
057NMNECEW
Signature Adoption: Uploaded Signature Image
Using IP Address: 172.59.225.130
Signed using mobile
DocuSign
Status. Completed
Envelope Originator:
Lucia Higginbotham
9500 Civic Center Drive
Thornton, CO 80229
Lucia.Higginbotham@thorntonco.gov
IP Address: 199.117.212.4
Location: DocuSign
Timestamp
Sent: 411012024 12:16:27 PM
Viewed: 4/10/2024 5:42:10 PM
Signed: 4/10/2024 5:42:30 PM
Sent: 4/10/2024 5:42:35 PM
Viewed: 4/10/2024 6:19:13 PM
Signed: 4/10/2024 6:19:33 PM
Sent: 4/10/2024 6:19:37 PM
Viewed: 4/11/2024 6:44:53 AM
Signed: 4/11/2024 6:45:20 AM
Sent: 4111 /2024 6:45:24 AM
Viewed: 4/11/2024 9:17:36 AM
Signed: 4/11/2024 9:18:02 AM
In Person Signer Events Signature Timestamp
Editor Delivery Events
Status
Timestamp
_
_
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp —^
j
Carbon Copy Events
Status
Timestamp
Witness Events
'
— Signature _ _
Timestamp
_
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
_ Timestamps
Envelope Sent
Certified Delivered
Signing Complete
Completed
_ �^ —
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
4/10/2024 12:16:27 PM
4/11/2024 9:17:36 AM
4/11/2024 9:18:02 AM
4/11/2024 9:18:02 AM
Payment Events Status
Electronic Record and Signature Disclosure
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Parties agreed to: Jan Kulmann, Kristen N. Rosenbaum
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, SHI OBO City of Thornton (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the DocuSign
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Getting paper copies
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send you paper copies of any such documents from our office to you, you will be charged a
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procedure described below.
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If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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speed at which we can complete certain steps in transactions with you and delivering services to
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
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the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact SHI OBO City of Thornton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain infonnation from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: clerk@ThorntonCO.gov
To advise SHI OBO City of Thornton of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at clerk@ThomtonCO.gov and in
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If you created a DocuSign account, you may update it with your new email address through your
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To request paper copies from SHI OBO City of Thornton
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To withdraw your consent with SHI OBO City of Thornton
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
wr-
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select the check -box indicating you wish to withdraw your consent, or you may;
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Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
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if you consent to receiving notices and disclosures exclusively in electronic format as described
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reference and access; and
Until or unless you notify SHI OBO City of Thornton as described above, you consent to
receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by SHI OBO City of Thornton during the course of your relationship
with SHI OBO City of Thornton.