HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/21/2017 - RESOLUTION 2017-102 AUTHORIZING THE CITY MANAGER TAgenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY November 21, 2017
City Council
STAFF
Basil Hamdan, Civil Engineer II
Eric Potyondy, Legal
SUBJECT
Resolution 2017-102 Authorizing the City Manager to Execute an Agreement with Colorado State University to
Purchase Stormwater-Related Research Services Concerning Winter Runoff Monitoring in Spring Creek.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the City Manager to execute an agreement with Colorado State
University (CSU), under which the City (through the Stormwater Utility) would purchase stormwater-related
research services concerning winter runoff monitoring in Spring Creek. The term of the agreement is
December 1, 2017 through June 30, 2018 and the cost to the City is $23,000.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Since 2008, Fort Collins Utilities and Streets Department (Streets) staff have contracted with CSU (though its
College of Environmental and Civil Engineering) for a series of research studies regarding stormwater. These
studies have been aimed at improving the City’s knowledge base and operational efficiency for stormwater
quality management and, specifically, stormwater quality as it is affected by Streets operations treatment. The
studies are also meant to help protect and enhance the City’s water resources as they are affected by
stormwater runoff from streets and other lands. This knowledge base is ultimately directed at the Stormwater
Utility’s purpose of enhancing stormwater quality, as stated in City Code Section 26-492.
The term of the original contract expired at the end of 2012. Since then the City and CSU have extended the
contract on an annual basis to address Council direction regarding water quality improvements and to respond
to changing technologies in the fields of Low Impact Development (LID) and stormwater quality treatment in
general.
The now proposed agreement with CSU concerns winter runoff monitoring in Spring Creek, which flows
through central Fort Collins. Under the proposed agreement, CSU would perform research. The research
would assess the potential impact of deicing material applications on aquatic life Spring Creek, specifically,
chloride concentrations in Spring Creek that occur throughout snow events. The research would also estimate
the amount of applied deicing material that is delivered to Spring Creek and determine if deicing operations
could be modified to improve the water quality in Spring Creek. The deliverables form the research are
detailed in the proposed agreement, and include sampling, data, and a report. The term of the agreement
would be December 1, 2017 through June 30, 2018 and the cost to the City would be $23,000
CSU staff is uniquely qualified to provide the requested services due to the academic quality of the needed
proposed research and to CSU’s ability to draw on specialized experts in the field of water engineering.
Additionally, long-standing relationships have been developed between City and CSU staff in this area.
Agenda Item 19
Item # 19 Page 2
CITY FINANCIAL IMPACTS
The cost of the research contracted to CSU under this IGA is $23,000 and will be paid out of previously
appropriated funds dedicated for consulting fees.
-1-
RESOLUTION 2017-102
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH COLORADO STATE UNIVERSITY TO PURCHASE
STORMWATER RELATED RESEARCH SERVICES CONCERNING
WINTER RUNOFF MONITORING IN SPRING CREEK
WHEREAS, the City owns and operates a Stormwater Utility, the purposes of which
include enhancing stormwater quality, as stated in City Code Section 26-492; and
WHEREAS, Spring Creek flows through Fort Collins and receives stormwater runoff,
including stormwater runoff from streets where deicing materials have been applied; and
WHEREAS, the City desires to perform investigations and analyses to, among other
things, assess the potential impact of deicing material applications on aquatic life Spring Creek,
to estimate the amount of applied deicing material that is delivered to Spring Creek, and to
determine if deicing operations could be modified to improve the water quality in Spring Creek;
and
WHEREAS, Colorado State University (the “University”) has the ability and capacity to
perform such investigations and analyses; and
WHEREAS, as governmental entities, the City and the University are authorized into
enter into the following intergovernmental agreement pursuant to C.R.S. §29-1-203; and
WHEREAS, City staff and University staff have negotiated a Research Agreement
concerning such investigations and analyses, in the form attached as Exhibit “A” and
incorporated herein by this reference (the “Research Agreement”), pursuant to which the
University would perform such investigations and analyses for $23,000; and
WHEREAS, it is to the benefit of the City to enter into such a Research Agreement in
order to, among other things, develop more and better information related to enhancing
stormwater quality in Spring Creek;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Manager is hereby authorized to execute a Research
Agreement substantially in the form of Exhibit “A”, with such additional terms and conditions as
the City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes of this Resolution.
-2-
Passed and adopted on at a regular meeting of the Council of the City of Fort Collins this
21st day of November, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
1
RESEARCH AGREEMENT
This Research Agreement (“Agreement”) is entered into by and between The Board of Governors of The
Colorado State University System, acting by and through Colorado State University, an institution of
higher education of the State of Colorado, located at Fort Collins, Colorado, 80523-2002 (“University”),
and the Sponsor, the City of Fort Collins, Colorado, a municipal corporation (“Sponsor”), collectively
referred to as “Parties” and is effective January 2, 1018.
PARTIES:
UNIVERSITY:
SPONSOR:
The Board of Governors of the Colorado State
University System, acting by and through Colorado
State University, an institution of higher education
of the State of Colorado, located at Fort Collins,
Colorado, 80523-2002
Sponsored Programs
601 Howes Street Room 408
Fort Collins, CO 80525-2002
City of Fort Collins
Type of Business: Tax Exempt City Entity
State of Business Registration: CO
Business Address: 700 Wood
City, State, Zip: Fort Collins, CO 80521
RECITALS:
1. University is a comprehensive, land-grant University with experience and resources in a
field of mutual interest between University and Sponsor.
2. Sponsor desires research to be performed in accordance with the Scope of Work
described in Exhibit A and terms outlined in this Agreement (the “Project”).
3. Performance of such research is consistent, compatible, and beneficial to the academic
role and mission of the University as an institution of higher education.
AGREEMENT:
1. Independent Contractors. It is understood and agreed by the Parties that the University is an
independent contractor with respect to the Sponsor and that this Agreement is not intended and shall not
be construed to create an employer/employee relationship or a joint venture relationship between the
University and the Sponsor. The University shall be free from the direction and control of the Sponsor in
the performance of the University’s obligations under this Agreement, except that the Sponsor may
indicate specifications, standards requirements and deliverables for satisfaction of the University’s
obligations under this Agreement.
2. Term. This Agreement shall begin December 1, 2017 and shall terminate on June 30, 2018
unless sooner terminated as provided herein or extended by written agreement of the Parties.
3. Scope of Work. The University agrees to perform the research activities described in the Project
and made a part hereof as Exhibit A, under the direction and supervision of the University Principal
Investigator and in accordance with any milestones or periodic deliverables specified in Exhibit A. The
EXHIBIT A
2
University Principal Investigator is Tyler Dell of the Department of Civil and Environmental Engineering
who will be responsible for the technical direction of the Project.
4. Payment. The Sponsor agrees to pay the University for the Project performed under this
Agreement in a fixed price amount of Twenty-three Thousand Dollars ($23,000), payable ninety percent
(90%), Twenty Thousand Seven Hundred ($20,700) Dollars upon execution, and ten percent (10%) Two
Thousand Three Hundred ($2,300) upon University’s submission of all deliverables as per the
Deliverables and Schedule in Exhibit A.
If the Sponsor uses a purchase order or some other source document as a Sponsor method for paying
invoices from the University and the purchase order or source document contains terms and conditions,
those terms and conditions will be null and void and not applicable to this Agreement. The purchase order
or source document is solely an internal Sponsor payment document.
5. Reporting Requirements. The University will provide reports on the progress of the research as
required in the Scope of Work, Exhibit A.
6. Confidentiality.
(a) Parties may have certain documents, data, information, and methodologies that are
confidential and proprietary to that Party (“Confidential Information”). During the term of this
Agreement, either Party may, as the “Disclosing Party,” disclose its Confidential Information to the
other Party (the “Recipient”), in writing, visually, or orally. If submitted other than in writing, the
Confidential Information shall be reduced to writing within 30 working days. Recipient shall receive
and use the Confidential Information for the sole purpose of the performance of this Agreement, and
for no other purpose (except as may be specifically authorized by the Disclosing Party, in writing).
Recipient agrees not to make use of the Confidential Information except for research conducted under
this Agreement and agrees not to disclose the Confidential Information to any third Party or Parties
for a period of three (3) years after the end of this Agreement without the prior written consent of the
Disclosing Party, unless required by law to disclosure such information.
(b) Recipient shall use reasonable efforts to preserve the confidentiality of the Confidential
Information (using the same or similar protections as it would as if the Confidential Information were
Recipient’s own, and in any event, not less than reasonable care). Recipient shall obligate its
affiliates with access to any portion of the Confidential Information to protect the proprietary nature
of the Confidential Information at least to the extent set forth in this Section 6.
(c) “Confidential Information” shall not include, and Recipient shall have no obligation to
refrain from disclosing or using, information which: is generally available to the public at the time of
this Agreement; becomes part of the public domain or publicly known or available by publication or
otherwise, not through any unauthorized act or omission of Recipient; is lawfully disclosed to the
Recipient by third parties without breaching any obligation of non-use or confidentiality; or has been
independently developed by persons in Recipient’s employ, as proven with written records, or
otherwise who have no contact with Confidential Information.
(d) In the event that Recipient is required by law to disclose Confidential Information,
Recipient will promptly notify the Disclosing Party, and the Disclosing Party may, at its sole
discretion and expense, initiate legal action to prevent, limit or condition such disclosure.
3
(e) Notwithstanding any other provision of this Agreement, a Party may retain one copy of
the other Party’s Confidential Information in its confidential files, for the sole purpose of establishing
compliance with the terms hereof.
7. Publication. The University, as a state institution of higher education, engages only in research
that is compatible, consistent, and beneficial to its academic role and mission. Therefore, significant
results of research activities must be reasonably available for publication. The Parties acknowledge that
the University shall have the right to publish results including student theses and dissertations. The
University agrees, however, that during the term of this Agreement and for six (6) months thereafter, the
Sponsor shall have forty-five (45) days to review and comment on any proposed publication. Should
Sponsor believe that any part of such publication would constitute the disclosure of Confidential
Information as defined in Paragraph six above or contain information that might be patentable as a result
of this research, Sponsor will notify University in writing within such forty-five (45) day period, of the
relevant material, and University shall delay publication of such article for up to an additional ninety (90)
days in order to allow Sponsor to diligently pursue the filing of a patent application. University agrees
that any Confidential Information supplied to it by the Sponsor will not be included in any published
material without prior written approval by the Sponsor.
8. Intellectual Property. “Intellectual Property” as used herein shall mean all discoveries,
inventions, methodologies, improvements, software (but not copyrightable works) conceived, made,
discovered, and first reduced to practice in performance of the research under this Agreement (“IP”).
(a) IP shall be owned as follows:
(i) IP created solely by one or more persons who are employees of University
(“UNIVERSITY IP”) shall be owned by Colorado State University, subject to the rights
of its inventors in accordance with the policies of the University. The University may, at
any time and without notice, assign or convey any or all of its rights in UNIVERSITY IP
(and in JOINT IP under subsection (iii) below) to the Colorado State University Research
Foundation (CSURF), which shall act as the University’s patent and technology transfer
agent. Sponsor will be provided a non-exclusive, unrestricted, perpetual, royalty-free
license to use such UNIVERSITY IP, for any purpose, but without the right to
sublicense, provided that Sponsor shall pay all costs incurred in the course of obtaining
patent or other intellectual property protection on behalf of CSU and/or CSURF for IP
that Sponsor intends to license, and will consult with CSU and/or CSURF on all
UNIVERSITY IP issues and applications.
(ii) IP created solely by one or more persons who are employees of Sponsor
(“SPONSOR IP”) shall be owned by Sponsor, subject to policies of Sponsor; provided,
University shall retain a non-exclusive, perpetual, royalty-free license, without the right
to sublicense, to use such SPONSOR IP for its own internal academic, research, and
publication purposes, subject to the publication provisions of Section 7 above.
(iii) IP jointly created by one or more employees of University and one or more
employees of Sponsor (“JOINT IP”) shall be jointly owned by CSU and Sponsor.
Sponsor shall pay all costs incurred in the course of obtaining patent or other intellectual
property protection, and will consult University with regard to filing of patent and
copyright registration for all JOINT IP. Each Party is free to enjoy its undivided interests
in JOINT IP. Sponsor is not obligated to pay for JOINT IP protection; however, if
Sponsor decides not to pay for specific JOINT IP patent or other intellectual property
protection pursuant to this Section 8(a)iii, Sponsor shall fully assign in writing all of its
4
right, title and interests in such specific JOINT IP to University, and shall have no
continuing commercialization rights to such specific JOINT IP whatsoever.
(b) Each Party shall require its employees to promptly disclose to its respective technology
transfer office any IP. Each Party agrees to provide the other Party with a copy of each IP
disclosure within thirty (30) days after the disclosure is made, and in addition, will provide the
other Party with a written listing of all IP created pursuant to this Agreement within sixty (60)
days from the expiration or termination of this Agreement. For all such IP identified, CSURF
will provide, upon agreement by Sponsor to its payment of patent costs to CSURF, via separate
written agreement(s), licenses to UNIVERSITY IP and JOINT IP according to the provisions of
Section 8(a)(i) and 8(a)(iii) above. Each Party will consult with the other Party at least thirty (30)
days prior to filing any patent or copyright application for IP and shall promptly notify the other
of any patents or copyright registrations issued.
(c) Intellectual property created external to the Project (“EXTERNAL IP”) will be owned by
the originating Party. Nothing in this Agreement will be construed as any conferral of rights to
any of the Parties regarding such EXTERNAL IP. Nothing contained herein is to be construed as
permission, a recommendation or an inducement to use or practice any product, process,
equipment or formulation that may infringe upon any other intellectual property rights without
the prior written permission of the intellectual property owner.
(d) University does not make any representation or warranty, express or implied, that the use
of UNIVERSITY IP and/or JOINT IP will not infringe any patent or other intellectual property
rights.
9. Equipment. Unless otherwise provided in the Scope of Work or in a writing signed by the
Parties, all equipment purchased with funds provided under this Agreement for use in connection with
this Agreement shall be the property of the University, and shall be dedicated to providing services under
this Agreement while this Agreement is in effect.
10. Liability; Insurance. Each Party hereto agrees to be responsible for its own wrongful or
negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law.
Liability of the University is at all times herein strictly limited and controlled by the provisions of the
Colorado Government Immunity Act, C.R.S. §§ 24-10-101, et seq. as now or hereafter amended.
Nothing in this Agreement shall be construed as a waiver of the protections of said Act. Each Party
represents and warrants that it maintains comprehensive general liability insurance and all coverages
required by law sufficient for the purpose of carrying out the duties and obligations arising under this
Agreement. A Party will furnish the other Party a certificate evidencing such insurance upon written
request.
11. Exclusive Warranty; Disclaimer. University warrants that all deliverables provided under this
Agreement will be provided substantially in accordance with the Scope of Work and/or written protocol
provided by Sponsor. Research results, deliverables, reports, IP disclosures and IP provided by University
are provided strictly “as-is” without any other warranty or guaranty of any kind. All other warranties,
express and implied, are hereby expressly disclaimed INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. University does not
perform any services under this agreement that may be subject to FDA Regulations, e.g. GMP, cGMP,
GLP, GCP work/services. University shall not be liable for any indirect, special, incidental,
consequential or punitive loss or damage of any kind, including but not limited to lost profits (regardless
of whether or not University knows or should know of the possibility of such loss or damages). The
5
liability of either party under this Agreement shall not exceed the amount paid or payable to the
University under this Agreement.
12. Use of Tradenames and Service Marks. Neither Party obtains by this Agreement any right,
title, or interest in, or any right to reproduce or to use for any purpose, the name, tradenames, trade- or
service marks, or logos (the “Marks”), or the copyrights of the other Party. Neither Party will include the
name of the other Party or of any employee of that Party in any advertising, sales promotion, or other
publicity matter without the prior written approval of that other Party. In the case of the University, prior
written approval is required from the University Vice President for Research. In the case of the Sponsor,
prior written approval is required from an authorized representative of the Sponsor.
13. Termination. Either Party may terminate this Agreement, without cause, upon not less than
sixty (60) days' written notice, given in accordance with the Notice provisions of this Agreement.
Termination of this Agreement shall not relieve a Party from its obligations incurred prior to the
termination date. Upon termination of this Agreement by Sponsor, except in the case of a material breach
by University, Sponsor shall pay all costs accrued by University as of the date of termination including
non-cancelable obligations for the term of this Agreement, which shall include all appointments of staff
incurred prior to the effective date of the termination. University shall take steps to limit or terminate any
outstanding financial commitments for which Sponsor is to be liable. University shall furnish, within
ninety (90) days of the effective termination date, a final report of all costs incurred and all funds received
and shall reimburse Sponsor for payments which may have been advanced in excess of total costs
incurred with no further obligations to Sponsor.
14. Default. A Party will be considered in default of its obligations under this Agreement if such
Party should fail to observe, to comply with, or to perform any term, condition, or covenant contained in
this Agreement and such failure continues for thirty (30) days after the non-defaulting Party gives the
defaulting Party written notice thereof. In the event of default, the non-defaulting Party, upon written
notice to the defaulting Party, may terminate this Agreement as of the date specified in the notice, and
may seek such other and further relief as may be provided by law. Notwithstanding the foregoing, in the
event of a breach or threatened breach of paragraph 6 of this Agreement, the non-defaulting Party may
terminate the Agreement immediately without affording the defaulting Party the opportunity to cure, and
may seek an injunction or restraining order as required to prevent unauthorized disclosures of
Confidential Information or unauthorized use of its Marks or copyrights.
15. Late Charges; Expenses. All amounts payable by Sponsor to CSU under this Agreement shall
be paid to CSU without any setoff, deduction or counterclaim. Any amounts billed to Sponsor not paid
within five (5) days of the due date thereof may be subject to a late charge of five percent (5%) of the
amount billed. In addition, such unpaid amount may bear interest until paid at the rate of eighteen percent
(18%) per annum. In the event any payment from Sponsor by check is returned by the financial
institution on which it is drawn for any reason, a service charge of One Hundred Dollars ($100.00) shall
be due and payable in addition to the late charge set forth above. In the event of any default by Sponsor
hereunder, Sponsor shall pay to CSU all attorneys' fees incurred by CSU in connection with such default
or the enforcement of CSU's rights or remedies arising in connection therewith, whether or not this
Agreement is terminated and whether or not CSU institutes any lawsuit against Sponsor as a result of
such default.
16. Notices. All notices and other correspondence related to this Agreement shall be in writing and
shall be effective when delivered by: (i) certified mail with return receipt, (ii) hand delivery with
signature or delivery receipt provided by a third Party courier service (such as FedEx, UPS, etc.), (iii) fax
transmission if verification of receipt is obtained, or (iv) email with return receipt, to the designated
representative of the Party as indicated below. A Party may change its designated representative for notice
6
purposes at any time by written notice to the other Party. The initial representatives of the Parties are as
follows:
University:
Sponsor:
William W. Moseley
Sponsored Programs
408 University Services Center
601 So. Howes Street
Colorado State University
Fort Collins, CO 80523-2002
Telephone: (970) 491-1541
E-mail: bill.moseley@colostate.edu
City of Fort Collins
Attn: Purchasing
Gerry Paul, Purchasing Director
PO Box 580
Fort Collins, CO 80522
Telephone: (970) 221-6779
E-mail: ___________?
17. Legal Authority. Each Party to this Agreement warrants that it possesses the legal authority to
enter into this Agreement and that it has taken all actions required by its procedures, bylaws, and/or
applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute
this Agreement and to bind it to its terms. The person(s) executing this agreement on behalf of a Party
warrant(s) that such person(s) have full authorization to execute this Agreement. This Agreement shall
not be binding upon Colorado State University, its governing board or the State of Colorado unless signed
by the University Vice-President for Research or his/her authorized delegate.
18. Entire Agreement; Changes and Amendments. This Agreement constitutes the entire
agreement between the Parties, and supersedes any previous contracts, understandings, or agreements of
the Parties, whether verbal or written, concerning the subject matter of this Agreement. No amendment to
this Agreement shall be valid unless it is made in a writing signed by the authorized representatives of the
Parties.
19. Governing Law, Jurisdiction and Venue. Each Party agrees to comply with all applicable
federal, state and local laws, codes, regulations, rules, and orders in the performance of this Agreement.
This Agreement shall be governed by and construed under the laws of the State of Colorado. Any claim
arising under this Agreement shall be filed and tried in a court of competent jurisdiction in the City and
County of Denver, State of Colorado.
20. Assignment. This Agreement shall not be assigned without the prior written consent of the other
Party, which consent shall not be unreasonably withheld or delayed, provided however, such consent shall
not be required in the case of a sale or transfer to a third Party of all or substantially all of a Party’s
business. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding on the
successors and permitted assigns of the Parties.
21. Export of Technology. It is understood that University and Sponsor are subject to United States
laws and regulations controlling the export of technical data, computer software, laboratory prototypes
and other commodities, and that obligations hereunder are contingent on compliance with applicable U.S.
export laws and regulations (including the Arms Export Control Act, as amended, and the Export
Administration Act of 1979). The transfer of certain technical data and commodities may require a
license from the cognizant agency of the United States Government and/or written assurances that such
data or commodities will not be exported to certain foreign countries without prior approval of the
cognizant government agency. Sponsor and University agree to cooperate in securing any license which
the cognizant agency deems necessary in connection with this Agreement. Sponsor shall notify University
7
if any data or materials to be supplied to University by Sponsor are subject to export control license
requirements or are listed under export control regulations.
22. Waiver and Severability. No waiver of any breach of any provision of this Agreement shall
operate as a waiver of any other or subsequent breach thereof or of the provision itself, or of any other
provision. No provision of this Agreement shall be deemed to have been waived unless such waiver is in
writing and signed by the Party waiving the same, with the signature on behalf of University being that of
a vice president of University. If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision
or part thereof and the remaining part of such provision and all other provisions hereof shall continue in
full force and effect.
23. Conflict of Interest. Except as set forth herein, Sponsor certifies that no officer, employee,
student or agent of University has been employed, retained, or paid a fee, or has otherwise received or
will receive during the term of this Agreement any personal compensation or consideration by or from
Sponsor or any of Sponsor's directors, officers, employees, or agents in connection with the obtaining,
arranging, negotiation or conducting of this Agreement without advance, written notification to the
University.
24. Headings. Paragraph headings are for reference and convenience only and shall not be
determinative of the meaning or the interpretation of the language of this Agreement.
25. Survival. The respective rights and obligations of University and Sponsor under Paragraphs 6, 7,
8, 11, 12 and 19 shall survive the expiration or earlier termination of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written below.
The Board of Governors of the Colorado State University System, acting by and through Colorado
State University:
By:
Printed Name:
Title:
Date:
8
Sponsor:
By:
Printed Name:
Title:
Date:
Approved as to Form:
City Attorney’s Office
9
Introduction
City of Fort Collins Utilities (City) has requested research services from the Colorado State
University (CSU) Colorado Stormwater Center to improve the understanding of stormwater
management practices within the City. This document is a proposal of several potential research
activities that may be conducted by CSU in collaboration with the City.
Winter Runoff Monitoring in Spring Creek
Background
The City Streets Department (Streets) is responsible for keeping major roadways safe and
passable, including during winter months when snow and ice hamper travel in roadways. To do
so, Streets employs the use of various deicing materials (e.g. salt, Apex liquid deicer, etc..) to
melt snow and ice so that it runs off travel lanes. Ultimately, the melted snow/ice and deicing
materials end up in local rivers and streams where the “chemicals” from deicing materials may
have detrimental impacts on aquatic life.
Objectives and Scope of Work
The primary objective of this research activity is to assess the potential impact of deicing
material applications on aquatic life Spring Creek. Specifically, chloride concentrations in
Spring Creek that occur throughout snow events. A secondary objective is to estimate the
amount of applied deicing material that is delivered to Spring Creek and determine if deicing
operations could be modified to improve the water quality in Spring Creek. To accomplish these
objectives, CSU will perform the following tasks:
• Conduct a review of the current study site to ensure that drainage information and site
characteristics have not changed throughout the course of previous studies.
• Submit water quality monitoring equipment to In-Situ labs to be serviced and replace the
conductivity sensors in the units.
• Install four water quality sondes at strategic locations within Spring Creek to continuously
monitoring specific conductance and water depth.
• Perform routine maintenance and data collection from the sites along Spring Creek on a
weekly/bi-weekly basis to ensure correct reporting
• During deicing/runoff events, collect water samples in Spring Creek and analyze the samples for
chlorides, it is estimated that 8 samples will be collected from each site for 4 events.
• Obtain deicing material application data from Streets and calculate the total amount of deicing
material applied during each event. Compare amounts against in-stream concentrations.
• Using grab sample and in-stream data develop specific conductance and chloride relationships.
Using specific conductance/chloride relationship, generate continuous record of chloride
concentrations within Spring Creek
• Compare the magnitude and duration of chloride concentrations against criteria established for
aquatic health.
10
• Develop written protocols for the installation of the in-stream monitoring sites, event sampling,
and data analysis.
For this proposal the final task will either consist of chloride sample analysis or the development
of a report highlighting changes that were made to the study from the 2017 year as well as
including a section to inform the City about the data that is necessary to collect during the winter
months to implement improvements to the study based on last study results. Both tasks will cost
the same amount so it is up to the city to communicate which task it would prefer.
Written protocols and reports will be delivered to the City as technical memorandums.
Budget
The following table outlines the individual tasks and costs associated with this work.
Task Labor
1
Other Costs Subtotal
Site and Study Review $ 1,564 $ - $ 1,562
Water Quality Sensor Replacements and Calibrations $ 1,520 $ 4,0002 $ 5,520
Equipment Installation $ 1,005 $ 5003 $ 1,505
Weekly Site Maintenance and Data Collection $ 1,255 $ 2503 $ 1,505
Winter Storm Event Collection $ 764 $ 2503 $ 1,014
GIS and Chloride Data Analysis $ 3,026 $ - $ 3,026
Chloride Sample Analysis5 $ - $ 1,0004 $ 1,000
Study Improvement Document5 $ 1,000 $ - $ 1,000
Subtotal: $ 15,132
F & A*: $ 7,868
Total: $ 23,000
Notes:
(1) – Assumes current labor rates for Undergraduate Students and Research Associate
(2) – Equipment refurbishment and sensor replacement
(3) – General supplies and tools for monitoring site installation and maintenance
(4) – Sample analysis: 4-8 samples per event for 4 events at Stewart Environmental Services
(5) – Contract will only include one of the two options presented
* Indirect Costs: F&A rates are negotiated and approved by the Department of Health and
Human Services, Colorado State University’s cognizant federal agency. CSU’s approved
Modified Total Direct Costs (MTDC) rate as of July 1, 2017 is 52%. On this proposal, MTCD
F&A is applied to direct costs minus GRA tuition.
Colorado State University’s Indirect Cost Agreement and Fringe Benefit Rates may be viewed
here: https://vprnet.research.colostate.edu/OSP/facilities-and-administrative-rates-fa/
** As with all proposal budgets the numbers herein are good-faith estimates based on the best
information available at the time of proposal submission, and may be subject to change.
University policy dictates that all rates and expenses will be charged at their actual costs or
negotiated rates as applicable, at the time of project performance. University regulations require
11
that all contractual agreements be in place prior to the commencement of any work. Contract
language and payment schedules are negotiated through the Office of Sponsored Programs and
Colorado State University. Final scheduling is determined as contracts are finalized.
Technical Supervision
This research will be conducted under the primary supervision of Tyler Dell. Tyler is a Research
Associate at CSU working under Dr. Mazdak Arabi and Dr. Sybil Sharvelle. Dr. Larry Roesner,
as director of the Colorado Stormwater Center will also be reviewing the work conducted for the
City of Fort Collins.
Deliverables and Schedule
Below is a list of deliverables that will be submitted to the City and the proposed schedule for
those deliverables assuming a contract start date of no later than December 1
st
, 2017:
• Winter Runoff Monitoring in Spring Creek: June 30, 2018
o Site Installation and Maintenance Protocol – December 31, 2017
o Winter Runoff Event Sampling Protocol – January 31, 2018
o Data Analysis Protocol – February 28, 2018
o Study Review and Improvement Report – June 30, 2018