HomeMy WebLinkAbout24-22 Approving City of Thornton IGA Carriage of Water 02-14-2024RESOLUTION NO.24-22
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO AND THE CITY OF THORNTON COLORADO
APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR
CARRIAGE OF WATER
WHEREAS, the City of Thornton ("Thornton") is in the process of constructing and
plans to operate and maintain the Thornton Water Project ("TWP") consisting of a pipeline and
appurtenances that will convey Thornton water from Northern Colorado through Weld County
including the Town of Firestone ("Firestone") and Adams County to Thornton; and
WHEREAS, Firestone desires to lease excess, as available capacity of the TWP for
delivery of water to Firestone for use in its water supply system; and
WHEREAS, Thornton agrees to reserve a minimum of five cubic feet per second ("cfs")
of excess, as -available, carriage capacity for carriage of Firestone water in the TWP for Firestone
to lease for an initial term of ten -years subject to a lease agreement entered into by Thornton and
Firestone that substantially meets the terms and conditions set forth in the above referenced
Intergovernmental Agreement; and
WHEREAS whether excess capacity is available is at the sole discretion of Thornton and
Thornton agrees that for the initial ten-year term that Firestone shall have first priority, as to
other users of the TWP; and
WHEREAS, Firestone shall deliver water to the TWP at a point mutually agreed upon by
the parties and Thornton shall deliver water to Firestone at the emergency interconnect
established as set forth in the parties Intergovernmental Agreement for an Emergency Raw
Water Connection; and
WHEREAS, Firestone shall pay Thornton a carriage charge for all water delivered to the
Firestone delivery point in an amount as agreed upon in the parties lease agreement; and
WHEREAS, the billing amount shall be determined by a meter installed, calibrated and
maintained by Thornton at the Firestone delivery point and Firestone shall pay Thornton within
thirty calendar days of receipt of a bill.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Intergovernmental Agreement between the City of Thornton and the Town of
Firestone for the Carriage of Water is approved in substantially the same form as the copy
attached hereto and made a part of 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
Dr' w Alan Teterson, Mayor
4SATT�;Luna Gonzalez, Interim Town Clerk n:
APPROVED AS TO FORM:
sAiLZOIA
William P. Hayashi, wn Attorney
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C.D. No. 2024-066
O RESOLUTION
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF FIRESTONE, COLORADO, AND THE CITY OF THORNTON,
COLORADO, FOR THE LEASE OF EXCESS THORNTON WATER PROJECT
PIPELINE CAPACITY.
WHEREAS, the City of Thornton (City) plans to install, construct, operate, and
maintain a water pipeline (Pipeline) through specific properties and the Town of Firestone
(Firestone) rights -of -way to deliver water supplies to the City; and
WHEREAS, Firestone has agreed to allow the City to construct the Pipeline through
specific properties and Firestone rights -of -way; and
WHEREAS, the City may, from time to time, have excess capacity in the Pipeline
that potentially may be leased to Firestone, and Firestone desires to have the ability to
lease from the City such excess capacity, if available, for carriage of Firestone's water; and
WHEREAS, as part of the negotiations for construction of the Pipeline through
Firestone, Firestone requested and the City agreed to grant Firestone the right to lease a
minimum of five cubic feet per second of excess Thornton Water Project (TWP) Pipeline
capacity, subject to the City's capacity needs, for up to 10 years after the Pipeline is put
O into operation, which lease shall be automatically renewable for succeeding terms of five
years each in accordance with the proposed Intergovernmental Agreement for the Lease
of Excess TWP Pipeline Capacity (IGA), a copy of which is attached hereto as Attachment
A; and
WHEREAS, the IGA provides for Firestone's right to have the first priority, as
between any other third -party users of the Pipeline, to lease a minimum of five cubic feet
per second of excess Pipeline capacity, subject to the City's capacity needs, for up to 10
years after the Pipeline is put into operation; and
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THORNTON, COLORADO, AS FOLLOWS:
1. The City Council hereby approves the IGA, a copy of which is attached hereto
and incorporated herein by this reference, and hereby directs the City
Manager or Acting City Manager, on behalf of the City, to execute, and the
City Clerk to attest, said IGA, or a modified IGA as long as the modified IGA
contains substantially the same terms and conditions as contained in the
attached IGA.
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C.D. No. 2024-066
• PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Thornton, Colorado, on April 9, 2024.
A)=&LSigned by
Kristen K. Rosenbaum, City Clerk
C „ i / ITON, COLORADO
lit
Jan u mann, U5j6 r
2
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C.D. No.2024-066
® INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF THORNTON AND
THE TOWN OF FIRESTONE
This Intergovernmental Agreement ("Agreement") is made and entered into
this Jq_ day of F:tZ, 2024, by and between the City of Thornton, a Colorado
home rule municipal corporation ("Thornton") and the Town of Firestone, a statutory
town of the County of Weld ("Firestone"). Thornton and Firestone are also hereinafter
referred to as the "Parties" or separately as a "Party".
WITNESSETH:
WHEREAS, Thornton is in the process of constructing, and plans to operate and
maintain, a water project known as the Thornton Water Project ("TWP"), consisting of
a water pipeline and appurtenances for the purpose of conveying a Thornton -owned
water supply from northern Colorado through Firestone and other parts of Adams
County to Thornton; and
WHEREAS, Firestone desires to lease excess, as -available capacity of the TWP for
delivery of water to the City of Firestone for subsequent use in Firestone's municipal
water supply system; and
WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution, as well as
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.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein,
the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree
as follows:
1. Carriage Contract/Term. For up to ten (10) years after the TWP is put into operation
(the "Initial Tenn"), Thornton hereby agrees to reserve a minimum of five (5) cubic
feet per second (cfs) of excess, as -available, carriage capacity for carriage of
Firestone's water rights in the TWP (regardless of whether Firestone actually uses said
excess capacity) for lease to Firestone pursuant to a separate lease agreement, and
Firestone shall, at all times during the Initial Term, have the right to enter into a lease
agreement with Thornton on terms that substantially match the terms set forth herein,
where applicable, together with any other commercially reasonable terms that are
commonly used in water pipeline capacity leases and which are mutually acceptable to
the Parties ("Lease"). Such "excess capacity" available for lease by Firestone shall be
defined as pipeline capacity available in excess of the pipeline capacity being used by
Thornton. The Parties further affirmatively agree to use best efforts in good faith to
negotiate and enter into such Lease. In the event Firestone and Thornton do not enter
into a Lease during the Initial Term, the Initial Term of this Agreement may be renewed
at Thornton's discretion upon written request by Firestone, however such renewal is
dependent on availability of excess capacity at the time of request. Should the Parties,
VUUU01913 CIIVCIUFIC IV. ODOC��'JV-OOGJ-YJVJ-DOJO-UJC 1 /YOCVIJD
C.D. No. 2024-066
O however, enter into a Lease during the Initial Term, the duration of such Lease shall be
automatically renewable for succeeding terns of five (5) years each on the same terms
and conditions set forth in such Lease, unless Thornton gives Firestone written notice
of non -renewal at least 30 days prior to expiration of the then -current tens due to lack
of availability of excess capacity at the time ofrenewal. Moreover, upon execution, the
Lease shall replace and supersede this Agreement.
2. Determination of Priority. Whether excess pipeline capacity is available for Firestone
shall be at the sole discretion of Thornton, however, Thornton agrees for the duration
of the initial Term that Firestone shall have the first priority, as between any other
third -party users of the TWP, to use of any excess capacity above and beyond
Thornton's needs. Thornton further agrees to notify Firestone within thirty (30)
calendar days in the event that any third party makes a bona fide offer to lease such
excess capacity during the Initial Term and Firestone shall have ninety (90) calendar
days after such notification to negotiate to enter into a Lease with Thornton for such
excess capacity before Thornton accepts or rejects a third party offer for lease of such
excess capacity; provided, however, that Firestone's failure to exercise that option
within such 90-day period shall not in any way abrogate or constitute a waiver of its
right to enter into a Lease with Thornton at any time during the initial Term.
Regardless of any other leases Thornton may enter into during the Initial Term for
excess capacity in the TWP, if at any time during the Initial Term Firestone elects to
enter into a Lease with Thornton for such excess capacity, Firestone shall have the
first priority as between any other third -party users to use of any excess capacity above
Oand beyond Thornton's needs. After expiration of the Initial Term, in the event
Firestone has not yet entered into a Lease with Thornton, priority to use available
excess capacity as between multiple entities holding applicable valid leases shall be
assigned in the order of the execution date of any fully executed lease agreement with
each entity.
3. Nature of Agreement. This Agreement is intended as and shall be considered to be a
contract right for carriage of water, and no property interest whatsoever in the TWP or
any other portion of the Thornton water system, including but not limited to Thornton's
water rights, is conveyed to Firestone by virtue of this Agreement.
4. Character of Delivered Water. The water delivered to Firestone from the TWP shalt
consist of water rights owned by Firestone. None of the water delivered to Firestone
pursuant to this Agreement shall be attributed to Thomton's water rights.
5. Water Quality. Thornton must approve the source of water comprising Firestone's
water rights before delivery into the TWP and approve all connection points/associated
facilities to ensure no degradation of the quality of water in the TWP. Thornton's
minimum water quality standards are shown in Exhibit A. Thornton's source water
quality data shall be provided to Firestone upon request.
6. Water Pressure. Thornton makes no guarantee concerning the pressure of water
O delivered to Firestone. Firestone recognizes that significant pressure fluctuations might
occur and agrees that it shall be responsible to the extent provided for by law for any
VVVUJUjl1 CIIVOIUFIC 1U. I "OMU'JV
C.D. No. 2024-066
Oand all damage attributable to the pressure of water received from Thornton.
7. Delivery Points. Firestone shall deliver its water rights for carriage to the TWP at a
point mutually acceptable to the parties. Thornton shall deliver water via the TWP to
Firestone at the location of the emergency interconnect, generally located at the
intersection of Weld County Road 26 and Weld County Road 17. The amounts and
rates of flow of water which Firestone shall be entitled to deliver into the TWP pursuant
to this Agreement shall be limited to those specified in the separate lease agreement
entered into by the Parties.
8. Infrastructure Improvement Costs. Thornton must approve all connection points and
associated facilities that connect to the pipeline to ensure no impact to the system
hydraulics and operations. All costs for Firestone connections to the TWP Pipeline,
including associated facilities, shall be paid by Firestone.
9. Ownership and maintenance. Thornton shall own, operate and maintain the TWP.
10. Start of Deliveries of Delivered Water. The parties agree to consult and cooperate
in arranging jointly the time and date of first water delivery through the TWP so
as to avoid interference with other operations in their respective utility systems.
11. Firestone shall be responsible for obtaining any and all necessary permits or other
permissions to deliver their water rights via the TWP.
O12. Carriage Charge. To account for the costs Thornton will incur in operating,
maintaining, and replacing the TWP as needed for delivery of water to Firestone, and
for the benefits Firestone will receive by using the TWP for delivery ofwater, Firestone
will pay a Carriage Charge to Thomton for all water delivered to the Firestone delivery
point. Such Carriage Charge shall be determined at the time the separate lease
agreement is entered into by the Parties.
a. Firestone shall pay any costs that are solely attributed to their operations, for
example, if Firestone wants to operate at a time that Thornton is not operating
the pipeline, and there is a demand or "ratchet" power charge, Firestone would
pay all of that charge. Minimum flows may apply, depending on the situation.
b. Thornton may increase the water delivery rate once per year to account for
inflation or other operational and maintenance cost impacts. The initial rate will
be based on a baseline Consumer Price Index for the Denver region defined upon
the initial date of water delivery to Firestone.
13. Metering and Billing. A meter will be installed by Thornton at the Firestone delivery
point. The meter shall be read by Thornton on no less than a monthly basis. Billing for
Carriage Charges shall be submitted to Firestone promptly after reading the meter,
and Firestone shall pay Thornton for Carriage Charges within thirty (30) calendar
days of receipt. If the meter shall fail to register for any period, the Parties shall
O agree as to the amount of water furnished during such period and Thornton
shall render a bill therefore. If no agreement can be reached, the billing shall be
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C.D. No. 2024-066
Obased on historical usage data.
14. Meter inspection and calibration. Thornton shall, at regular periodic intervals and
at its cost, test and calibrate the meter at the Firestone delivery point. Thornton
shall provide Firestone with the results of such testing and calibration at Firestone's
request. Firestone may, at its cost, independently test the meter. Firestone shall
notify Thornton within fourteen (14) calendar days in advance of the date and time
that Firestone's tests will be conducted. Firestone and Thornton shall, when
.mutually agreed by the parties, make periodic inspections of the facilities at the
delivery point to ensure that the facilities are being used in compliance with this
Agreement.
15. Deliverv/Interruptions or Restrictions. Firestone's use of the TWP for carriage of
water is subordinate to Thornton's use of the TWP to provide water service to
Thornton's water system customers. If the delivery of water to Thornton is
interrupted or reduced as a result of circumstances beyond Thomtoes control, such
as water line breaks, pump station failures, or similar occurrences, then delivery of
water to Firestone pursuant to this Agreement will be interrupted or reduced so
long as, and to the extent that, the delivery interruptions or reductions to Thornton
continue in effect. If water deliveries to Firestone are interrupted or reduced as a
result of circumstances beyond Thornton's control, such as water line breaks, pump
station failures, or similar occurrences within the TWP, Thornton will immediately
notify Firestone of such interruptions or reductions and shall use its best efforts to
O correct the problems and restore service to Firestone as soon as reasonably
possible.
16. Force Majeure. Thornton shall not be liable to Firestone for any damages resulting
from a Force Majeure event that prevents construction or operation of the TWP or
the delivery points. Thornton shall not be considered to be in noncompliance or
breach in respect of any obligation hereunder to the extent such failure of
performance shall be due to a Force Majeure event. "Force Majeure" means any
event beyond the reasonable control of a Party, and not attributable to its neglect,
which results in the failure of some performance under this Agreement. Force
Majeure events may include, but are not limited to, the following: failure of
equipment or facilities due to drought, flood, earthquake, storm, fire, lightning,
epidemic, war, acts of terrorism, riot, civil disturbance, sabotage, strike or labor
difficulty, accident or curtailment of supply or equipment, casualty to equipment
or other unavailability of equipment, inability to obtain and maintain rights -of -
way, permits, licenses and other required authorization from any federal, state or
local agency or person for any of the facilities or equipment necessary to provide
or receive the services hereunder, and restraint, order or decree by a court or public
authority.
17. No Operating Obligation. Nothing herein shall be deemed or construed as creating
any obligation on Thornton to operate its facilities in any particular manner, so
long as Thornton complies with the express terms of this Agreement.
18. Entire Agreement. This Agreement constitutes the entire agreement of the parties
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C.D. No. 2024-066
with respect to the subject matter hereof, and shall not be altered, amended, or
extended, except by an instrument executed in writing by both parties.
19. Term. The Term of this Agreement shall be for ten (10) years, renewable upon
request by Firestone pursuant to paragraph 1.
20. Notices. Any notices required under this agreement shall be provided in writing
and addressed as follows:
If to Firestone:
Town of Firestone Attn: Town Manager
9950 Park Avenue
Firestone, CO 80504
If to Thornton:
City of Thornton. Attn: City Manager
9500 Civic Center Drive
Thornton, CO 80229
21. No Third -Party Beneficiaries. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action
relating to such enforcement, shall be strictly reserved to Thornton and Firestone,
and nothing contained in this Agreement shall give or allow any such claim to right
of action by any other third person on this Agreement. It is the expressed intention
of Thornton and Firestone that any person other than Thomton and Firestone
receiving services or benefits under this Agreement shall be deemed to be an
incidental beneficiary only.
22. Effect of Invalidity. If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to any Party,
the Parties will attempt in good faith to reach agreement on substitute provisions
that would allow the arrangement to continue.
23. Waiver. No party shall waive its rights hereunder by failing to 9xercise its rights;
any such failure shall not affect the right of such party to exercise at some future
time the rights not previously exercised.
24. Enforcement. The Parties agree that this Agreement may be enforced in law or in
equity for specific performance, injunctive, or other appropriate relief, including
damages, as may be available according to the laws of the State of Colorado. It is
specifically understood that, by executing this Agreement, each Party commits
itself to perform pursuant to the terns hereof, and that any breach hereof resulting
in any recoverable damages shall not thereby cause the termination of any
obligations created by this Agreement unless such termination is requested by the
Party not inbreach of this agreement.
O25. Governmental Immunity. The Parties understand and agree that the Parties and
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C.D. No.2024-066
their respective officers, and employees, are relying on, and do not waive or intend
to waive, by any provision of this Agreement, the monetary limitations or any other
rights, immunities, and protections provided by the Colorado Governmental
Inununity Act, C.R.S. §24-10- 101 et.seq., as it is from time to time amended.
26. Successors and Assurts. Firestone may assign this agreement to the St. Vrain
Water Authority but shall notify Thornton in writing at least thirty (30) calendar
days before doing so. Otherwise, this Agreement and the rights and obligations
created hereby shall be binding upon and inure to the benefit of the Parties hereto
and their respective assigns, so long as Thornton owns and operates the TW P With
the exception of the St. Vrain Water Authority, no assignment by either party of
its rights under this Agreement shall be binding on the other unless the other party
shall have asserted to such assignment in writing.
27. Modification. This Agreement shall be modified by writing only, which written
modification must be with the same formality as employed in the execution of this
Agreement.
28. Effective Date. This Agreement shall be effective on the last date it is signed by
the Panics.
IN WITNESS WI IEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives effective as of the date and year written above.
CITY d��L)#�jN�dygt:, COLORAI)0
By 2 4F6
Brett E Henry,tenrrt ity Manager
ATTEST:
DocuSi!R496R-C-1—tyClerk
ned by:
Lsi'
c
APPROVED AS TO FORM:
L_DO"S'g
rYellico lllCi Att mey
TOWN OF FIRESTONE
-31
ATT
M r' r Luna Gomalez, Interim Town Clerk
APPROVED AS TO FORM
Ilayashi & Macsalka, LLC, Town Attorney
William ftayashi,To�� Attorney
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C.D. No. 2024-066
191
L
N
EXHIBIT A
Parameter
Temperature
ParameterTVpe
Physcal"Properties
Unit
'C
EPA SMCL
EPA MCL
Water Quality
<20'
- ange
4-25
PH
Physical Properties
&U.
65.8.5
7.1-8.8
6.0-8.0
Turbidity
Physical Properties
NTU
-
<20
0-40
Total Suspended
Solids(TSS)
Physical Properties
mg/L
<20
Total Dissolved
Solids(TDS)
Physical PropeWez
mg/1.
`.Sao
<200
0-1,100
Conductivity
Physical Properties
p5/rm
<350
Total Organlc Carbon
Aggregate Organics
mg/L
<4
0.0.4.0
Dissolved Organic Carbon(DOC)
Aggregate Organics
mg/L
<4
OJD-4.0
.Alkalinity
Inorganics
mg/Las CaCO3
-' 20-200
"so
Bicarbonate
Inargancs
mg/Las CaCO3
0-350
Carbonate
. Inorganics
mg/La's CaCo3
'
Chloride
Inorganics
mg(L
25O
<50
Sulfate,
Inorganic
mg/L
250
<100
0.400
Bromide
Inorganics
mg/L
<0.25
0.0.1.2
Cyanide,Total
'Inorganics
mg/L
0.2
ND
'
Fluoride
Inorganics
mg/L
2
4.0
<0.5
0.0-1.5
Sulfide
Inorganics
mg/L
Hardness
Inarganics
mg/L
4150
0.600
Sodium Adsorption Ratio
Inorganic
s.u.
Ammonia
Nutrients
mg/L as
ND
Nitrite
Nutrients
mg/L as
1.0
ND
Nitrate
Nutrients
mg/L as
10
<0.75
Orthophosphate
Nutrients
mg/L as P
<0.04
0.00 0.04
Total Phosphorus
Nutrients
mg/Las P
<0.04
0.00.0.04
Aluminum
Metals, Dissolved
mg/L
.0.05412
<02
0.0-1.5
Antimony
Metals, Dissolved
mg/L
0.006
ND
" Arsenic
Metals, Dissolved
mg/L
0.01
ND
Barium
Metals, Dissolved
mg/L
2.0
<O.OS
0.0-0.2
Beryllium
Metals, Dissahmd
mg/L
0.004
ND
Baran
Metals, Dissolved
mg/L
Cadmium
Metals,
Dissolved
mg/L
0.005
ND
Calcium
Metals,
Dissolved
mg/L as CBC03
<20
0-110
Chromium
Metals, Dissolved
Ing/I.
0.1
ND
Copper
Metals, Dissolved
mg/L
1.0
1.3
ND
Iron
Metals, Dissolved
mg/L
0.3
<0.25
0.0-10
Lead
Metals, Dissolved
mg/L
0.015
ND
Magnesium
Metals, Dissolved
mg/L
<10
Nickel
Metals, Dissolved
mg/L
NO
Potassium
Metals, Dissalved
mg/L
<5
Selenium
Metals, Dissolved
mg/L
0.05
ND
Sul.
Metals, Dissolved
mg/L
'
Silver
Meta sq Dissolved
mg/L
0.1
ND
Sodium
Metals, Dissolved
mg/L
<10
Strontium
Metals, Dissolved
m8/L
ND
0.0.2.0
Thallium
Metals, Dissolved
mg/L
0.002
ND
'
Uranium
Metals, Dissolved
mg/L
0.03
ND
zinc
Metals, Dissolved
mg/L
5.0
ND
Aluminum
Metals, Total
mg/L
<0.2
0.0-0.5
Iron
Metals, Total
mg/L
<0.25
0.0-3.0
Manganese
Metals,Total
mg/L
O.OS
<01
0.00.0.1
Mercury'
Metals, Total
mg/L
0.002
ND
Molybdenum
Metals, Total
mgh.
ND
E. Coll
Mlarobfological
CFU per 100m .
<.50
'
Totalcoliform
Mlcrablotogical
CFU per SOOmL
<50
lieterotrephlc Bacteria
Microbiological
CFU/mL
500
Geosmin
T&O
pg/L
ND
0-0.04
Methpllsobomeal (wills)
T&O
PdL
ND
0-0.04
Uranium Activity
Radionuclides
pCl/L
<.S
0-20
Gros Alpha
Radionuclides
pCl/L
15
<5
0-20
Radium 225+228
Radlanudldes
PCIA
5
<1
0.0-1.0
Vinyl chloride
vocs
IWIL
2.0
ND
Benzene
vocs
pg/L
5.0
ND
Carbon tetrachloride
vocs,
PgA
5.0
ND
1,2-Dichloroethane
vacs
ROL
-5.0
ND
1,1-Dichlomethylene
vocs
pg/L
7.0
AND
1,1,1-Trldrlarcethane
vacs
pg/L
200
ND
ds-1,2 Dlchloraethylene
vocspg/L
70
ND
trans-1,2bbblarnethylene
vocs
RA
100
ND
1,20chlomprepane
'vocs
pg/L
5.0
ND
Ethylbenzene
vocs
pg/L
70
ND
Chiorobenzene
vacs
pg/L
100
ND
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C.D. No. 2024-066
m
IN
Parameter
o-Olchtorobenmte
ParamBtarType
VOCs
Unit EPASMCL
pg/L
EPA MEL
60
Water Qualfty Raw Water Ra.g.
• NO
o-0lchtarabe6iene
VOCs
ttg/L
75
NO
Styrene
VOCS
pg/L
100
NO
Tetachlmaethylene
: VOCs
pg/L
5.0
NO
Taiuene
VOCs
pg/L
1000
NO
Xyledes(total)
VOCs
mg/L
10
NO z
Okhlommethane(methylene chloride)
VOCs
pg/L
5.0
NO
1.7,44dchlorobenxne
VOC<
pg/L
70
ND'
1,1,2Trichlaraethane
VOCs
pg/L
5.0
NO
- - 2,4-D
Herbiddes
pg/L
70
NO
Alachlor
Herbicides
pg/L
2.0
NO
Atmzlne
Herbicides
pg/L
3.0
NO
Dalapon
Herbiddes
pg/L
20
NO
DSCP
Herbiddes _
pg/L
0.2
NO
Dlnoseb
Herbiddes
"AL
7.0
NO
Oiquat
Herbiddes
µg/L
20
NO
£ndathz0
Herbiddes
pg/L
100
NO
Glyphasate
Herbiddes
va
70
NO
Pentachlaraphenal
Herbiddes
pg/L
1.0
NO
Plcioram
Herbiddes
ltg/L
500
NO
Sllvez
Herbiddes
pg/L
50
NO
Aldfarb
Pestiddes
pg/L
NO
Aldlcarb sutfane
Pestiddes
pg/L
NO
Aldlarb sutfeside
Pesticides
pg/L
NO
Carbaryl
Pestiddes
MA
NO
3-HVdrbsycarbofumn
Pestiddu
NO
Carbofuran
Pesticides
Pg/L
40
NO
tvtethamyl
Pesticides
pg/L
NO '
Oxamvl
Pesticides
pg/L
2aO
NO
Bjamat-
DBPS
pg/L
10
NO
Chlorite
OBps
mg/L
1
NO
Halaaceticadds
DBPS
"A
60
NO
Total Trihatomethanes
DBPS
"A
so
NO
PFOA
PFAS
ng/L
4
<0.5
PFOS
PFAS
ng/L
4
s <0.5
PFBS
PFAS
P91L
1
<0.5
PFNA
PEAS
na
1
<0.5
PFH4
PFAS
ng/L
1
<0.5
GenX
PFAS
ng/L
1.
<0.5
PFAS (dass
PEAS
ng/L
NO
WUUUO11J1 I CIIV01UJJU1v. OVDMDDUV- 04J 0"O-VQO uU=1 lftQUiff :U
COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Agenda Location:
April 9, 2024 101 CONSENT CALENDAR — lsi Reading
2nd Reading
Subject:
A resolution approving an Intergovernmental Agreement between the Town of Firestone, Colorado,
and the City of Thornton, Colorado, to lease excess Thornton Water Project i eline capacity.
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
This resolution approves an Intergovernmental Agreement (IGA) with the Town of Firestone (Firestone)
that would allow for the lease of a minimum of five cubic feet per second of excess Thornton Water
Project (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.
RECOMMENDATION:
Staff recommends Alternative No. 1, approve the resolution approving the IGA with Firestone to allow
for the lease of excess TWP pipeline capacity.
BUDGET/STAFF IMPLICATIONS:
Firestone will pay a carriage charge to the City to account for all water delivered to the Firestone delivery
point. Such carriage charge shall be determined at the time the parties enter into the separate lease
agreement.
ALTERNATIVES:
1. Approve the resolution approving the IGA with Firestone.
2. Do not approve the resolution approving the IGA with Firestone and do not allow Firestone to utilize
excess pipeline capacity to deliver their raw water to their system, 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.
UVGV01911 CI IVEIUPJ IU. VDOCOOVU'VOLJ'4JUJ'VOJO'VVCIf4�Cl.YJO
COMMUNICATION
PAGE 2
O2. 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 allow 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.
Firestone shall have first priority, to use any excess capacity above and beyond the City's needs before
any other third -party users.
The water delivered to Firestone from the pipeline shall consist of water rights owned by Firestone.
None of the water delivered to Firestone pursuant to this agreement shall be attributed to the City's
water rights.
The City must approve the source of water comprising Firestone's water rights before delivery into the
pipeline and all connection points and associated facilities to ensure of the quality of water in the
pipeline does not degrade.
The City does not guarantee the pressure of water delivered to Firestone.
OFirestone shall deliver its water rights for carriage to the pipeline at a point mutually acceptable to the
parties. The City shall deliver water via the pipeline to Firestone at the location of the emergency
interconnect, generally at Weld County Road (WCR) 26 and WCR 17.
ATTACHMENTS:
Certificate Of Completion
elope ld: F7F25Al575A84CB7BA58CD4A7EACB4FD
- ubject: 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@thortonco.gov
Signer Events
Signature
Jan Kulmann
oy:
jan.kulmann@thomtonco.gov
[o•=wa••a
Security Level: Email, Account Authentication
J/3MMA..
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 76.154.207.120
Electronic Record and Signature Disclosure:
Accepted: 4/10/2024 5:43:39 PM
ID: 8d5043a7-cc91b-436e-954c-6638f1 da157c
mi Yellico
i.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@ThomtonCO.gov
City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/8/2020 2:24:52 PM
AID: bded6f2a-b7o6-4e79-96c3-bOBda6b824e1
[OewSW, sv:
raj 40
5eoas59BBaczacs
Signature Adoption: Pre -selected Style
Using IP Address: 174.198.139.191
Signed using mobile
ox.si9•.a ev:
CFBFc
Signature Adoption: Pre -selected Style
Using IP Address: 65.113.229.105
rxomie�.e Bv:
[.-;
osz9ezeoa[ceanz_.
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@thomtonco.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 5:43:66 PM
Sent: 4/10/20245:44:01 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 Status Timestamp
hoent Delivery Events Status TimestamD I
Events Status.
Certified Delivery Events^
Status
Timestamp
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 11:04:31 AM
4/11/2024 9:16:26 AM
4/11/2024 9:16:52 AM
4/11/2024 9:16:52 AM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
C
101
Certificate Of Completion
'_lvelope Id: 69BEBB506B2343D3983805El74BEC439
_ubject Complete with DocuSign: April 9, 2024, Council Document Meeting part 2
Source Envelope:
Document Pages: 212 Signatures: 30
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 11:40A2 AM Lucia.Higginbotham@thomtonco.gov
Signer Events Signature
Jan Kulmann o sgned by
jan.kulmann@thomtoneo.gov '�"" k�l'_"'-
Security Level: Email, Account Authentication [°dznersau m%
(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
tmi Yellioo
i.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@ThomtonCO.gov
City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
r' Accepted: 7/8/2020 2:24:52 PM
ID: bded6f2a-b706-4e7g-96c3-b08da6b824e1
[robousiyned by:
aj qaw(hct�
BBA9�SBBB
Signature Adoption: Pre -selected Style
Using IP Address: 174.198.139.191
Signed using mobile
o«usige� by:
[B792+W
Signature Adoption: Pre -selected Style
Using IP Address: 65.113.229.105
oeeusye.a by
05796�Wce4u
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@thomtonco.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: 4/11/2024 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 Timestemp
Editor Delivery Events Status Timestamp
Aaent Delivery Events Status Timestamp
Events Status
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
— —�
Witness Events Signature Timestamp
Notary Events. Signature Timestamp T
Envelope Summary Events _
Status _
Timestamps
Envelope Sent
Hashed/Encrypted
4/1012024 12:16:27 PM
Certified Delivered
Security Checked
4/11/2024 9:17:36 AM
Signing Complete
Security Checked
4/1112024 9:18:02 AM
Completed
Security Checked
4/1112024 9:18:02 AM
Payment Events
Status
_Timestamps
Electronic Record and Signature Disclosure
N
MuUUUI IIU Muwru dllu Olylldwlu UlbuuJulu uA ICu U1I. f, Ir,ULU J.JI.Lv r.Vl
Pardes agreed to: Jan Kulmann, Kristen N. Rosenbaum
O ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
M
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
system. Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confine your agreement by selecting the check -box next to `I agree to
use electronic records and signatures' before clicking `CONTINUE' within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
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
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
0 All notices and disclosures will be sent to you electronically
O Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
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 information 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@ThomtonCO.gov
To advise SHI OBO City of Thornton of your new email address
OTo 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
the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from SHI OBO City of Thornton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to clerk@ThomtonCO.gov and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
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:
M
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to clerk@ThomtonCO.gov and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://supi)ort.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
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.