November 19, 2024 Minutes

Upper Thompson Sanitation District
Regular Meeting of the Board of Directors
District Administrative Conference Room

Pursuant to C.R.S., §32-1-903, notice is hereby given to the members of the Upper Thompson Sanitation District Board of Directors and to the general public that the Board will hold its regular meeting, which is open to the public, at 4:00 p.m. on Tuesday, November 19, 2024, at the Upper Thompson Sanitation Administrative Office, 2196 Mall Road, Estes Park, CO, 80517. Individuals who wish to address the Board via public participation may do so “in-person,” via telephone, or virtually through online participation, facilitated by the Zoom platform. Members of the public wishing to join the meeting via online or telephone participation, please email a request for the meeting link or telephone number to Ms. Gina Moore, Secretary to the Board, at gina@utsd.org by 2:00 p.m. on November 19, 2024.

Agenda

1. Call to Order.
2. Pledge of Allegiance.
3. Roll Call, Absences Excused.
4. Next Meeting Date: Regular Board Meeting, December 17, 2024.
5. Agenda: Correction and Approval.
6. Disclosure of Potential Conflicts of Interest.
7. Public Forum: An opportunity for presentation by the public to provide information to the Board of Directors on any non-agenda item. Note: The Board cannot take any action on non-agenda items but may direct staff to include the item on a future agenda.
   Public Comment on Agenda Items: Public comments will be heard by the Board at the conclusion of the presentation of the agenda item. Persons addressing the Board shall first be recognized by the District Manager or Board Chairman and may speak only one time per agenda item. Speakers shall state their name and address for the official minutes, address comments to the Board as a Body, and shall be allotted three (3) minutes for public comment.  All public commentary must be made at the podium or offered virtually via Zoom Chat.
8. Minutes: Correction and Approval: Regular Board Meeting, Tuesday, October 15, 2024.
9. Presentation: North Front Range Water Quality Planning Association (NFRWQPA) Nonpoint Source Planning – presented by
   Mr. Mark Thomas, Manager, NFRWQPA.
10. New Business and Special Orders:
    1. Public Hearing on Proposed 2025 Budget – presented by Mr. Bieker and Ms. Moore.
    2. Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 29, Dated November 14, 2024 – presented by Ms. Moore.
    3. Update: Phase II - Design of the Water Reclamation Facility (WRF) and Lift Station Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
    4. Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Scope, Schedule, and Budget Amendment No. 3 Request – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
11. Reports of Officers, Committees, and Staff: Questions, Comments, Correction and Approval:
    1. Treasurer’s Report.
    2. Plant Report.
    3. System Development Fee Allocation and Connection Report.
    4. Collection System Report.
    5. Operations Manager’s Report.
    6. Assistant District Manager’s Report.
12. Adjournment.

Upper Thompson Sanitation District (District) prohibits discrimination against its customers, employees, and applicants for employment on the basis of race (including traits historically associated with race, such as hair texture and length, protective hairstyles), color, ethnic or national origin, ancestry, age, disability, sex, gender, sexual orientation, gender identity and expression, religion, creed, political beliefs, marital status, familial or parental status in employment or in any program or activity conducted by the District.  The District will make reasonable accommodations for qualified individuals with known disabilities.  If any person has a disability and requires a reasonable accommodation to fully participate in this event, please contact District Manager, Mr. Chris Bieker, three days before the event via email at chris@utsd.org, or telephone at 970-586-4544, or dial 711 to connect with Relay Colorado.

Record of Proceedings

Minutes Of a Regular Meeting of the Board of Directors Of 
Upper Thompson Sanitation District 
Held: November 19, at 4:00 p.m., at the 
District Office, 2196 Mall Road, Estes Park, Colorado 

Call to Order 

A regular meeting of the Board of Directors of the Upper Thompson Sanitation District, Estes Park, Colorado, was called to order at 4:03 p.m. and held as shown above and in accordance with the applicable statutes of the State of Colorado with the following Directors present and acting: 

Pledge of Allegiance 

The Pledge of Allegiance was recited. 

Attendance 

Board of Directors: 
Christopher Eshelman, Chairman 
Susan Doylen, Vice-Chairman/Secretary 
Stanley Gengler, Treasurer 
Kent Bosch, Assistant Treasurer/Secretary 
Michael Morton, Assistant Treasurer/Secretary 

Staff: 
Chris Bieker, District Manager 
Suzanne Jurgens, Assistant District Manager 
Gina Moore, Financial Officer 
Matt Allen, Operations Manager 
Nathanael Romig, Collection Superintendent 
Henry Newhouse, Plant Superintendent 
Sheryl Panzer, Customer Accounts Manager 
Naomi McCracken, Secretary (at 4:00 p.m., joined the meeting via web conference call, at 5:01 p.m., arrived at the meeting in person) 

Next Meeting Date 

A regular meeting of the Board of Directors will be held on December 17, 2024, at 4:00 p.m. 

Approval of Agenda 

The Board considered the Agenda. 

It was moved by Ms. Doylen and seconded by Mr. Gengler to approve the Agenda as presented. Motion carried unanimously. 

Disclosure of Potential Conflicts of Interest 

Disclosure of potential conflicts of interest is a topic of discussion at every Board meeting to address potential conflicts of interest that may arise as new agenda items are introduced. District Directors who have disclosed potential conflicts of interest can vote as issues arise. 

Public Forum 

Mr. Eshelman opened the meeting for public comment. 

Mr. Eshelman explained the Public Forum is an opportunity for presentation by the public to provide information to the Board of Directors on any non-agenda item. He further explained the Board cannot take action on non-agenda items but may direct staff to include the item on a future agenda. 

Regarding public comment on Agenda Items, Mr. Eshelman provided the following statement: 

Public comments will be heard by the Board at the conclusion of the presentation of the agenda item. Persons addressing the Board shall first be recognized by the District Manager or Board Chairman and may speak only one time per agenda item. Speakers shall stand at the podium, state their name and address for the official minutes, address comments to the Board as a Body, and shall be allotted three (3) minutes for public comment. 

In attendance was Ms. Rebecca Urquhart, of 1955 Homestead Lane, Estes Park. Ms. Urquhart indicated she was observing the meeting on behalf of the League of Women Voters. Ms. Urquhart did not offer comment on a non-agenda item. 

In attendance was Ms. Patti Brown, of 270 Cyteworth Road, Estes Park. Ms. Brown indicated she was observing the meeting on behalf of the Estes Valley Voice. Ms. Brown did not offer comment on a non­agenda item. 

Approve Minutes from Prior Meeting 

The Board reviewed and discussed the Minutes of the October 15, 2024, Regular Board Meeting. 

It was moved by Ms. Doylen and seconded by Mr. Morton to approve the Minutes of the October 15, 2024, Regular Board Meeting as presented. Motion carried unanimously. 

Presentation: North Front Range Water Quality Planning Association (NFRWQPA) Nonpoint Source Planning-presented by Mr. Mark Thomas, Manager, NFRWQPA 

Mr. Mark Thomas, Manager of the North Front Range Water Quality Planning Association (NFRWQPA), delivered a PowerPoint presentation to the Board about the association's history, benefits of membership in the association, and the regional non point source watershed plan. 

Mr. Thomas noted that in 1987 the NFRWQPA was established as a Regional 208 Water Quality Planning Agency under the guidelines of the Federal Clean Water Act, Section 208. Section 208 states a regional planning association may form to provide local control of water quality concerns. The NFRWQPA provides local planning assistance and review of water quality projects involving point sources such as wastewater treatment systems and sanitary sewer systems as well as nonpoint source best management practices (BMPs) in Larimer and Weld Counties. The NFRWQPA reviews wastewater utility plans, site location and design applications, and periodically updates the Regional 208 Areawide Water Quality Management Plan. 

Mr. Thomas informed the Board that the State of Colorado has 14 designated 208 planning agencies, but only four are currently active: Larimer and Weld Counties for North Front Range, Pikes Peak, Northwest Cog, and Colorado Springs. Mr. Thomas explained that if an area does not form an agency, the Colorado Department of Public Health and Environment (CDPHE) takes over coordination and collaboration of wastewater services, which results in a loss of local control. 

As a planning agency, NFRWQPA reaches out to all management and operation agencies, including Upper Thompson Sanitation District (UTSD), to gather maintenance, operation, and utility plans, commonly known as master plans, for the next 20 years. The identified needs, timelines, and costs of each agency are consolidated into regional funding requests for state and federal funds. 

Mr. Thomas then highlighted the NFRWQPA membership benefits. Mr. Thomas noted membership is voluntary and funded by dues. The benefits of membership include a forum for exchanging information and experiences related to wastewater systems, engineering design, permitting, and approval processes. NFRWQPA comprises management and operating agencies, UTSD is a current member of NFRWQPA. 

Mr. Thomas stated that NFRWQPA acts as a liaison and actively participates in committee meetings with the CDPHE Water Quality Control Commission and Division, addressing new regulations and water quality-based discharge limits. Mr. Thomas explained he serves districts as an environmental policy advisor to provide vital updates and advocacy. For example, regarding the Water Quality Fee Bill, N FRWQPA successfully lobbied to the State of Colorado to reduce proposed fee increases from 100-200% to a more manageable 14%, using data provided from master and utility plans to demonstrate financial infeasibility. 

Mr. Thomas then presented to the Board the regional nonpoint source watershed plan (Plan) to the Board. He explained NFRWQPA constructed a nonpoint source watershed plan over a three-year period which benefits districts economically by providing a comprehensive regional report. He elaborated that all 40 municipalities and districts in the region can access one watershed-based plan report to address non point source pollution, instead of each entity creating separate plans. This watershed-based plan report is required for entities seeking United States Environmental Protection Agency Section 319 Grant funds for the Nonpoint Source Management Program to implement projects that address water quality impairments. 

Mr. Thomas noted that the Plan concentrates on portions of the Big & Little Thompson, Cache la Poudre, South Platte, and Saint Vrain rivers watersheds. The regional report captures actions already taken and future recommendations to improve water quality in Larimer and Weld Counties. Stakeholders from various organizations, including UTSD, contributed to the report identifying nutrients, sediment, heavy metals, and other contaminants. The report includes priority practices and BMPs {Best Management Practices) for reducing pollutants, as well as technical and funding assistance options. 

Mr. Thomas then provided the following steps on how to use the Plan to determine, prioritize, and implement BM Ps for water quality improvement in specific watersheds: 

• Identify the priority practices for the area of concern
• Review priority practice tables
• Identify technical assistance needed and funding sources for the area of concern
• Work with local sources to achieve technical assistance for various BMP categories and obtain appropriate funding
• Implement practices
• Notify NFRWQPA of practice types and locations
• NFRWQPA can evaluate goals around implemented practices

Mr. Thomas concluded his presentation with charts displaying sources of financial and technical assistance at the local, state, federal, and private levels. 

Mr. Thomas answered questions of the Board and Mr. Bieker throughout his presentation. 

The Board thanked Mr. Thomas for his presentation. 

At 5:00 p.m., Mr. Thomas excused himself from the remainder of the meeting. 

New Business and Special Orders 

Public Hearing on Proposed 2025 Budget- presented by Mr. Bieker and Ms. Moore: 

At 5:02 p.m. Mr. Eshelman opened the Public Hearing on the Proposed 2025 Budget. 

Mr. Bieker mentioned the Proposed 2025 Budget has been revised since it was originally presented at the October 15, 2024, Regular Board Meeting. 

Mr. Bieker stated the proposed budget complies with legal requirements, showing estimated beginning and ending fund balances, previous year audited figures, year-end estimated figures for 2024 and figures for the year in which the budget will be adopted. 

Mr. Bieker informed the Board that The Notice of the Public Hearing for the Proposed 2025 Budget was published in the Estes Park News and Estes Park Trail Gazette on October 18, 2024. 

Mr. Bieker reported that the District has not received questions and comments from District customers or the general public concerning the 2025 Proposed Budget. 
Mr. Bieker stated that when the budget was presented at the October 15, 2024, Regular Board Meeting, he asked the Board to direct their questions and comments to him regarding the 2025 Proposed Budget. 

Mr. Bieker noted that he was asked for clarification by Director Gengler on several matters including future debt service payments, 2024 budgeted and estimated overhead and operational expenses, 2025 budgeted revenue and expenses, the 2025 organization chart and staffing plan, and forecasted capital improvements outside the scope of the Water Reclamation Facility and Lift Station Improvements Project. 

Mr. Bieker said he and the staff will respond to inquiries about the 2025 Proposed Budget at this meeting and prior to the December 17, 2024, Board Meeting at which time the budget will be submitted for approval and adoption by the Board of Directors. 

Mr. Bieker stated the 2025 budget is a collaborative effort of District staff, including he, Ms. Moore, Ms. Jurgens, Ms. Panzer, Mr. Allen, Ms. Mourning, Mr. Newhouse, and Mr. Romig. Mr. Bieker extended his thanks to each staff member for their participation in the budget process. 

Mr. Bieker stated this proposed budget represents the District's best effort to predict business activity and outline initiatives for the year 2025. 

Mr. Bieker added the proposed budget demonstrates the District's ongoing efforts to complete the design, solicit bids from qualified contractors, and commence 

onstruction of the new Water Reclamation Facility and Lift Station Improvements Project. 

Mr. Bieker emphasized it is imperative that the District maintain diligent operation and upkeep of the current wastewater treatment facility, lift stations, and collection system. Additionally, the District must support the professional growth and development of staff. 

Mr. Bieker expressed his gratitude to the employees for their steadfast dedication to managing and operating the District's resources while ensuring the provision of exceptional water reclamation services. Mr. Bieker noted that the District's success relies on the expertise and diligence of staff, particularly during times when prioritizing sustainability and fiscal responsibility is necessary. 

Mr. Bieker said it is important to note that while this proposed budget focuses on identifying and estimating revenue and expenditures of financial resources, upon adoption it becomes a policy setting document. The proposed budget provides guidance on Upper Thompson Sanitation District's allocation of staff time and resources and influences management decisions for the year 2025. 

Mr. Bieker explained that the budget message provides a review of District activity through October 2024 and outlines the basis of the 2025 budget. Additionally, the budget document addresses revenues and overhead and operational expenses as they are allocated for each of the District's departments. The proposed budget document includes a capital improvement plan which specifies anticipated capital projects spanning the years from 2025 through 2034. 

Mr. Bieker noted the revenue budget incorporates the service rate and system development fee increases for 2025, as determined by the Board of Directors during the regular meeting held on September 17, 2024. 

Mr. Bieker stated the proposed 2025 General Fund Budget Summary indicates operational revenues to be $7,190,695 and capital revenues to be $223,200. 2025 total operational and capital income is budgeted conservatively at $7,413,895 and is 13.9% higher than 2024's budgeted operational and capital income. 

Mr. Bieker stated budgeted overhead expenditures for the year 2025 total $4,722,984, and budgeted operation expenditures total $1,219,900. He reported budgeted operation and overhead expenditures total $5,942,884. 

He stated that total capital expenditures for 2025 are budgeted at $49,281,000, which includes a $48,075,000 allocated to the Project and a $250,000 contingency. 

Mr. Bieker stated all expenditures for the year 2025, including overhead, operation, and capital equal $55,223,884. He noted that overall, 2025 budget expenses increased $42,879,714 above 2024's budgeted expenses largely due to the planned start of construction of the Project. 

Mr. Bieker noted the proposed budget for 2025 projects a net operating surplus of $1,247,811. This surplus results from Project funding sourced from District reserves and proceeds obtained from the Colorado Water Resources and Power Development Authority's Water Pollution Control Fund, as well as from the EPA's Water Infrastructure Finance and Innovation Act. 

Mr. Bieker then explained contingency funds are incorporated into the budget document for a future event or circumstance that is possible but cannot be predicted with certainty. He stated the 2025 budget for Overhead Contingency is $10,000. He reported the 2025 Operation Contingency is allocated at $50,000; and the Capital Contingency is allocated at $250,000. Mr. Bieker further explained contingencies will only be used at the discretion of the District Manager and Board of Directors. 

Mr. Bieker communicated estimated 2024 capital revenue is $235,014 which is $82,614 over the 2024 budgeted capital revenue figure of $152,400. The 2024 capital expenses are estimated to be $3,677,601 which is $3,196,341 under the 2024 capital expense budget of $6,873,942. This is due to delays in the WRF Project schedule which include permitting delays. 

Mr. Bieker stated anticipated 2024 revenues total $13,072,377, including $5,484,082 in CWRPDA loan reimbursements. Projected 2024 expenses, including overhead, operations, and capital, total $8,324,323. The estimated surplus for 2024 is $4,748,054. 

The 2025 budgeted beginning fund balance is $19,755,138 and the 2025 budgeted ending fund balance is $16,827,763. 

Mr. Bieker then discussed the 2025 Capital Improvement Plan which forecasts capital projects and expenses through the year 2034. Capital Expenditures in 2025 total $49,281,000, including $250,000 contingency. In 2025, the capital budget includes funds for: 

Administration: 

• Purchase and installation of a generator at the Administration Building to provide emergency power ($50,000)
• Connection of Administration Building to Town of Estes Park water service - that includes a tap purchase and construction ($55,000)

Collection System: 

• The 2025 CIP allocates funds ($450,000) needed for ongoing collection system rehabilitation (CIP, Pipe Burst, and New construction)
• Purchase of a New utility truck ($85,000)
• Connection of the Collection Building to Town of Estes Park water service - again, a tap purchase and construction to install the water line ($60,000)

Treatment Plant: 

• Purchase of a new SCADA server ($10,000)
• Purchase of new wastewater Data Management Software ($6,000)
• Purchase of a portable sampler for laboratory ($10,000)
• Purchase of a Filter PLC Cabinet ($35,000)
• Centrifuge control panel upgrade ($95,000)
• Connection of the treatment plant to Town of Estes Park water service ($100,000)

The 2025 Funds budgeted for the New Water Reclamation Facility Lift Station and Improvements Project include costs for construction and engineering support for the Project including bidding, legal and permit management, membrane procurement, and engineering services during construction totaling $48,075,000. 

Mr. Bieker then explained that expenditures in the proposed 2025 budget exceed revenues due to capital improvement projects, specifically the Water Reclamation Facility and Lift Station Improvements Project. These projects significantly impact the operating/capital net position. The District plans to utilize cash reserves and secured loans to balance the net position resulting from these projects. 

Mr. Bieker added the capital improvement projects are subject to approval by the Board of Directors. 

Ms. Moore then reported to the Board that since the October 15, 2024, Regular Board Meeting, the 2025 budget message was updated to reflect figures presented in the November Proposed Budget. 

Ms. Moore noted the 2024 forecast spreadsheet has been updated to reflect actual year-to-date revenues and expenses through October 31, 2024. Additionally, Ms. Moore stated the 2024 estimated revenues and expenses have been revised based on year-to-date figures and staff input and reflect a best effort to predict final totals. 

Ms. Moore stated the 2025 Proposed Budget revenue includes a 10.5% increase in rates for metered, non­metered, and data collection fees, as adopted by the Board via Resolution No. 2024-09-02 at the September 17, 2024, Regular Board Meeting. 

Ms. Moore then explained that 2025 system development revenue forecasts the sale of twelve new system development fees (SDF) at the rate of $18,100 per SDF, as adopted by the Board via Resolution No. 2024-09-01. A total of fifteen permit fees are projected to be sold in 2025. She added that through October 31, 2024, nine system development fees and seventeen permit fees were sold.

Ms. Moore noted the 2025 revenue budget includes $11,973,824 in bond proceeds from the CWRPDA Water Pollution Control Revolving Fund and $29,100,000 in loan proceeds from WIFIA. These bond and loan proceeds will fund construction of the Water Reclamation Facility and Lift Station Improvements Project (Project). The 2025 revenue budget also includes a contribution of $5,400,000 to the cost of the Project that will be drawn from the District's reserves. Total projected revenue, including the bond and loan proceeds, District cash contribution, and operating and capital income is $53,887,719 for budget year 2025. 

Ms. Moore explained that she anticipates receiving approximately $5,484,082 from CWRPDA before year end 2024. The current amount received from CWRPDA totals approximately $1,583,242. Ms. Moore indicated that she plans to submit approximately $3,900,840 for Phase II WRF Project related expenses to CWRPDA before year end. 

Ms. Moore forecasted total operating and capital revenue to be just over $7.5 million dollars at year end 2024, which is approximately one million dollars more than budgeted. She explained this is due to the District receiving grant income from the Federal Emergency Management Agency (FEMA) for 2013 Flood Recovery Project Worksheet 861 and higher than budgeted interest income. Ms. Moore noted that interest income is also conservatively budgeted for the 2025 budget year and the 2025 Proposed Budget forecasts just over $7.4 million in operating and capital revenue. 

Ms. Moore addressed the Board's questions about current interest rates, interest rate projections, the comparison between 2025 budgeted system development fees and 2025 forecasted new construction development, as well as the timing and use of District reserves. 

Ms. Moore then summarized revisions to the 2025 budgeted expenses since the proposed budget was presented to the Board on October 15, 2024. 

The following notable revisions made to the 2025 Administration budget include: 

• Account 5105 (Budget Page 37) - Dues & Subscriptions - Removed $250 subscription to Zoom Workplace. Increased the Co-Pilot/Microsoft Artificial Intelligence subscription from$1440 to $2520 to include 3 more staff subscriptions. Added $300 for third party administration of the District's Premium Only Plan.
• Account 5175 (Budget Page 38) - Cell Phone Expense - Removed $1,000 for Admin Cell Phone.
• Accounts 5430/5400 (Budget Page 39) - Employer Benefits Expense - Increased $32,160 to include health insurance premiums paid by the District for Mr. Bieker post-retirement. This is per Resolution No. 2024-06-02 "Repealing and Adopting Amended Short-Term Retiree Insurance Benefit for Eligible Employees" adopted by the Board June 18, 2024. Also included are 2 new hires in the administration department.
• Account 5460 (Budget Page 40)- CO PERA 401 a Employer Contribution - Increased $10,500 to allow for employer Colorado PERA contributions for Mr. Bieker's budgeted consulting services as an independent contractor. This is pursuant to PERA Rule 11.12(F), stating working retiree contributions for independent contractors shall be collected via an offset of the retiree's benefit.
• Account 551 O (Budget Page 40)- Conferences- Decreased $3,000 due to removal of CUSI Conference for the 2025 budget year.
• Account 5761 (Budget Page 40) - Engineering Services - $15,000 was added for structural evaluation of A-basins and digesters. In 2024, this evaluation was budgeted in capital account 7055, Plant Equipment.
• Account 5775 (Budget Page 40)- Professional Services - Decreased administrative support and organizational training services a total of $13,000.

The following notable revisions made to the 2025 Plant budget include: 

• Account 5410 (Budget Page ) - Salaries and Wages - Added $22,842 to account for a Certification Level A Plant Operator. Adjusted account 5420, Employer Payroll Taxes, and 5460 CO PERA 401 a Employer Contributions to reflect this salary modification.
• Account 6020 (Budget Page ) - Plant Repairs & Maintenance - Per Plant Superintendent, added $70,000 for a Fish Creek Pump replacement and $75,000 for a compactor replacement.
• Account 6030 (Budget Page )- Outside Services - Decreased from $50,000 to $45,000, per Lab Analyst.

There were no revisions made to the 2025 Collection budget, nor to the 2025 Capital budget. 

Ms. Moore noted that the WRF Funding Sources section of the Capital Improvement Plan was modified to reflect the projected amount of CWRPDA funds, received in 2025, and the offset of increased District cash from reserves of $3.1 million to $5.4 million. 

Ms. Moore indicated that before adoption of the 2025 budget, further revisions will be made and presented to the Board for consideration at the December 17, 2024, Regular Board Meeting. 

Ms. Moore explained to the Board that, at the December 17, 2024, Regular Board Meeting a resolution will be prepared for the Board to adopt the budget and appropriate funds for the 2025 budget year. Upon adoption of the 2025 budget, she stated, as statutorily required, it will be submitted to the Division of Local Government in January 2025. 

The Board thanked Mr. Bieker and Ms. Moore for the update on the 2025 Proposed Budget. 

At 5:58 p.m. Mr. Eshelman closed the Public Hearing on the 2025 Proposed Budget. 

Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 29, Dated November 14, 2024- presented by Ms. Moore: 

Ms. Moore asked the Board for approval to remit payment to Merrick & Company for an invoice received by the District: Invoice Number 10167026 in the amount of $88,446.49. Ms. Moore explained Invoice Number 10167026 is for work performed on the Water Reclamation Facility and Lift Station Improvements Project from September 28, 2024, through October 25, 2024. Ms. Moore stated she has prepared a check for payment of this invoice, and it is ready for signature at this meeting. 

It was moved by Ms. Doylen and seconded by Mr. Bosch to approve payment to Merrick & Company for Invoice Number 10167026 in the amount of $88,446.49. Motion carried unanimously. 

Update: Phase II - Design of the Water Reclamation Facility and Lift Station Improvements Project -prepared by Mr. Ravel, PE, Water/Wastewater Project Manager, Merrick & Company: 

Regarding the design of the Water Reclamation Facility and Lift Station Improvements Project (Project), Mr. Ravel provided the following updates in the board packet which occurred after the October 15, 2024, Regular Board Meeting: 

• The process design report (PDR) for the Water Reclamation Facility (WRF) was approved by the Colorado Department of Public Health and Environment (CDPHE).
• The final sealed and signed WRF design documents were submitted to the CDPHE for construction approval (self-certification) on November 5, 2024.
• Updated State Revolving Fund (SRF) bidding documents were requested from the Colorado Water Resources and Power Development Authority (CWRPDA) for inclusion with final bidding documents. The US Environmental Protection Agency (EPA) confirmed that the bidding documents previously provided are applicable. 
• Final sealed and signed construction documents for the Fish Creek Lift Station (FCLS), the Wapiti Lift Station (WLS), and the WRF will be submitted to the CDPHE financial team 14 days prior to the bid advertisement for review.
• The Larimer County Development Construction Permit (DCP) application forms will be submitted to Larimer County during the bidding phase for coordination with selection of a contractor and start of construction.
• The Larimer County Building Department Permit (one FCLS package, one WLS package, and four WRF packages) will be submitted the week of November 18, 2024. Larimer County has reviewed a draft electronic copy of the drawings and has provided guidance on which drawings require submittal with the building permit application forms.
• The US Bureau of Reclamation (USBR) indicated that they are processing the Finding of No Significant Impact (FONSI) for the project. Once the FONSI is issued, the nationwide permit applications will be submitted to the US Army Corps of Engineers (USACOE) for the WRF outfall, force main river crossing, and wetlands crossing for review and approval. The FONSI will also be submitted to the CDPHE environmental team for review and approval.
• The District legal counsel is finalizing agreements with the Town of Estes Park for the Town of Estes Park WRF site water main easements.
• Final review of the 100% design documents (drawings and specifications) is underway by the District and the District's legal counsel. The documents will be updated as required based on comments from the District and the Estes Valley Fire Protection District.
• Advertisement for bidding is on hold pending approval of permits and final updates to the drawings and specifications, if any, as directed by the District.

Mr. Ravel answered questions of the Board throughout his presentation of the Project Update. 

The Board thanked Mr. Ravel for the Project Update. 

Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Scope, Schedule, and Budget Amendment No. 3 Request - presented by Mr. Ravel, PE, Water/Wastewater Project Manager, Merrick & Company: 

Mr. Ravel presented to the Board an updated scope, schedule, and Amendment No. 3 to the Project engineering budget. Mr. Ravel explained Merrick & Company has completed the contractual requirements of the December 21, 2021, agreement, including Amendment No. 2, dated February 20, 2024. 

Mr. Ravel stated the updated scope, schedule, and budget modification request (Amendment No. 3) includes the following components: 

• Proposed reconciliation of Amendment 2, contract overruns through October 25, 2024. Merrick & Company is currently working beyond the scheduled completion date of July 31, 2024, and are over­budget in the amount of $240,245 for Amendment 2 services.
• Completion of design services to transform the "single-package" design into three (3) bidding packages through December 30, 2024. Separation of the bid packages allows independent bidding of the WRF, the two (2) lift stations combined, and the force main. Merrick & Company requests that the District amend the scope, schedule, and budget to facilitate separation of the single­package design into individual bid packages in the amount of $45,118.
• Services during bidding (SDB) beginning on December 30, 2024, through March 31, 2025. Merrick & Company requests that the District amend the scope, schedule, and budget to include SDB for the WRF (Bid Package A) and complete the documents for the prequalification of contractors for the lift stations and force main (Bid Packages B and C) in the amount of $149,060.

Mr. Ravel commented that the Amendment No. 3 budget modification request totals $434,423; however, Merrick & Company offers the District a reduction of $45,118 to demonstrate their continued commitment to serving the District through the bidding phases. The total revised Amendment No. 3 with the reduction is $389,305. 

The Board reviewed and discussed the presented scope, schedule, and Amendment No. 3 budget modification request. 

Ms. Doylen thanked Merrick & Company for their continued support to the District. 

It was moved by Mr. Bosch and seconded by Mr. Morton to approve the scope, schedule, and Budget Amendment No. 3 to Merrick & Company in the not to exceed amount of $389,305. Motion carried unanimously. 

At 6:55 p.m., the Board took a 17-minute recess. 

At 6:55 p.m., Mr. Bieker excused himself from the remainder of the meeting. 

At 6:57 p.m., Ms. Brown excused herself from the remainder of the meeting. 

At 7:02 p.m., Ms. Urquhart excused herself from the remainder of the meeting. 

At 7:12 p.m., the Board returned to the meeting. 

Reports of Officers, Committees, Professional Consultants, & Staff 

The Board considered the Reports of Officers, Committees, Professional Consultants, and District Staff. 

The Board asked the staff questions regarding the departmental reports. 

The Board did not have corrections to the departmental reports. 

The Board thanked District Staff for preparing the reports. 

It was moved by Ms. Doylen and seconded by Mr. Bosch to accept the Treasurer's Report, Plant Report, System Development Fee Allocation and Connection Report, Collection System Report, Operations Manager's Report, and Assistant District Manager's Report. Motion carried unanimously. 

Adjournment 

Having no further business, at 7:29 p.m. it was moved by Mr. Bosch and seconded by Ms. Doylen to adjourn the meeting. Motion carried unanimously.