HomeMy WebLinkAbout2016-012-02/09/2016-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY FOR STORMWATER RELATED RES RESOLUTION 2016-012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO
STATE UNIVERSITY FOR STORMWATER RELATED RESEARCH SERVICES
WHEREAS, since 2008 the City of Fort Collins has contracted with the Colorado State
University College of Environmental and Civil Engineering for a series of research studies aimed
at improving the City's knowledge base and operational efficiency in water quality and water
quality management as they are affected by Streets' operations treatment; and
WHEREAS, the studies help protect and enhance the City's water resources as they are
affected by runoff from stormwater sources and comply with City's stormwater discharge
permit; and
WHEREAS, the prior agreements with Colorado State University have expired; and
WHEREAS, further studies are necessary to maintain the continuity and the consistency
of studies regarding the following matters: (1) water quality and quantity monitoring of a
bioretention facility installed as a low impact development (LID) measure; (2) possible process
improvements to the City's deicing program through a winter runoff monitoring program; (3) an
investigation of nutrient sources in urban stormwater; and (4) an update to the construction
details associated with stormwater control and treatment measures otherwise known as Best
Management Practices; and
WHEREAS, Colorado State University is prepared to perform research studies analyzing
the issues described above during 2016 through 2017; and
WHEREAS, City staff desires to enter into another intergovernmental agreement with
Colorado State University which authorizes payment to Colorado State University in the amount
of$65,840 as consideration for said research studies; and
WHEREAS, Section 29-493(d) of the City Code authorizes the Utilities Executive
Director to require sampling for such pollutant parameters according to such schedule as the
Utilities Executive Director determines to be appropriate to ascertain water quality; and
WHEREAS, Colorado State University has been the City's research partner in the field of
stormwater quality since 2008; and
WHEREAS, Colorado State University is uniquely qualified to provide the necessary
services due to the academic quality of the needed research and to the University's ability to
draw on specialized experts in the field of water engineering; and
WHEREAS, Article II, Section 16 of the City Charter and Section 1-22 of the City Code
empower the City Council, by ordinance or resolution, to enter into contracts with other
governmental bodies to furnish services or cooperative activities.
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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 City staff is hereby authorized to enter into an agreement with
Colorado State University to conduct and prepare research activities to improve the
understanding of stormwater management practices within the City during 2016 and 2017, for
which consideration the City will pay to Colorado State University the sum of$65,840.
Section 3. That the City Manager is hereby directed to enter into a negotiated
intergovernmental agreement with Colorado State University for services for research activities
and studies during 2016 and 2017 to improve the understanding of stormwater management
practices within the City consistent with the terms of this Resolution and in substantially the
form attached hereto as 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 purpose of this Resolution.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins
this 9th day of February, A.D. 2016.
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SEA BN Mayor
ATTEST:
// > COLORp�O
City Clerk
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EXHIBIT A - FORM OF AGREEMENT
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, ("Sponsor"), collectively referred to as "Parties" and is effective
PARTIES:
UNIVERSITY: SPONSOR:
Board of Governors of the Colorado State Full legal name of Sponsor:
University System acting by and through Colorado State of Business Registration:
State University,an institution of higher education Business Address:
of the State of Colorado, located at Fort Collins, Attn:
Colorado,80523-2002 City,State;Zip:
Sponsored Programs
Campus Delivery 2002
University Services Center,Rm. 408
Fort Collins,CO 80523-2002
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 on and shall terminate on unless
sooner terminated as provided herein or extended by written agreement of the Parties.
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EXHIBIT A - FORM OF AGREEMENT
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 s
University Principal Investigator is of the Department of 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 Dollars, ($ ) payable fifty percent (50%)
Dollars ($__� upon execution; forty percent(40%) Dollars ($ ) at
mid-project ( ); and ten percent (10%) dollars ($ ) upon University's
submission of all deliverables.
Or
The Sponsor agrees to pay the University for the Project performed under this Agreement in amount not
to exceed of Dollars ($__) on,a cost reimbursement basis. University will invoice not
more often than monthly based on actual expenditures. At the conclusion of the Project, the University
will submit an invoice marked"Final.".
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
(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
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EXHIBIT A - FORM OF AGREEMENT
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.
(e) Notwithstanding any other provision of this Agreement, a Party may retain one copy of
the other Parry'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.
Or
Sponsor shall have an option to negotiate an exclusive worldwide license to any
Inventions (the "Option"). CSU shall notify the Sponsor in writing of any such
Inventions and shall provide a copy of the invention disclosure to the Sponsor. The
above Option shall be for a period of 6 months from the date of receipt of the invention
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EXHIBIT A - FORM OF AGREEMENT
disclosure by Sponsor. The Sponsor shall pay for all reasonable costs for preparing and
Fling any patent application(s)covering Inventions during the period of the Option, The
6-month option period may be extended by mutual agreement of the Sponsor and CSU.
If the Sponsor exercises its Option within the above period,the Sponsor and CSURF will
negotiate in good faith a license agreement satisfactory to both Parties. All such
negotiations, including the execution of a license agreement, shall be completed 60 days
following the date at which Sponsor's Option would have expired, unless otherwise
agreed by the Parties. Provisions of any such license agreement will be in accordance
with the nature of the inventions,improvements,applications,and patents.
If a license agreement between CSU and the Sponsor is not signed.in final form before
expiration of the 60 day period as provided herein, the University and CSURF shall be
free to negotiate with other companies not a Party to this Agreement without further
obligation to the Sponsor.
(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 rP 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
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(axiii)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,
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EXHIBIT A - FORM.OF AGREEMENT
(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 1P 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
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. .
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EXHIBIT A - FORM OF AGREEMENT
OR
Upon termination of this fixed price Agreement, the Sponsor will pay a pro rata share of the
Agreement total price. This will be calculated by adding the start up costs (which include
category/cost plus the total Project budget divided by the total number of days of the
Agreement (which will give a cost per day) and at that point multiplied by the number of days
the Agreement was in force including the 60 days after the termination notice.
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 attomeys'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 Parry may change its designated representative for notice
purposes at any time by written notice to the other Party. The initial representatives of the Parties are as
follows:
University: Sponsor:
[Name)
Sponsored Programs [Address I]
408 University Services Center Address 2)
601 So.Howes Street
Colorado State University
Fort Collins,CO 80523-2002
Telephone: (970)491-XXXX Telephone
E-mail E-mail
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EXHIBIT A - FORM OF AGREEMENT
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
i 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 Parry'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
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 andthe remaining part of such provision and all other provisions hereof shall continue in
full force and effect..
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EXHIBIT A - FORM OF AGREEMENT
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.
Board of Governors of the Colorado State Sponsor:
University System acting by and through
Colorado State University:
By: By:
Printed Name: Printed Name:
Title: Title:
' Date: Date:
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EXHIBIT A - FORM OF AGREEMENT
- Proposal —
Stormwater Related Research Services
Introduction
City of Fort Collins Utilities(City) has requested research services from the Colorado State University
(CSU) Urban Water 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 during 2016-2017.
Task 1: Performance Monitoring of 700 Wood Street.Bioretention Cell
Background
In Spring 2012,the City constructed a bioretention stormwater treatment cell at the Utility Service
Center(USC) located at 700 Wood Street to better understand the performance of bioretention systems
in Fort Collins.To date, most bioretention performance research has been completed in locations with
very different hydrology than Fort Collins(e.g.Wisconsin, North Carolina, Pennsylvania and the Pacific
Northwest)and the applicability of the results of those research projects to semi-arid environments
such as Colorado is unknown. Given the City's requirement for installing LID-type stormwater facilities
for future development, it is important to understand how these facilities will operate in Fort Collins'
climate.
CSU has previously monitored this bioretention cell performance during the summers of 2013 and 2014.
Prior to the 2014 sampling season,the bioretention cell underdrain system was retrofitted to evaluate
how performance is affected by the underdrain design. Results of the modified design showed'
significantly higher performance in terms of runoff and pollutant reduction. CSU recommends that the
the bioretention cell be monitored for at least one more season to collect a sufficient number of data
points to improve confidence in the results.
Objectives and Scope of Work
The primary objective of this task is to quantify runoff and pollutant removal achieved by the
bioretention cell for multiple precipitation events. To do so,CSU will monitor the quality and quantity of
bioretention cell influent and effluent for the 2016 monitoring season (approximately May 1-September
30). Stormwater samples will be submitted to a local laboratory and analyzed for total suspended solids
and nutrients(nitrogen/phosphorus). Based on historic precipitation data,we can expect to collect data
for about 8 precipitation events during this period; however the actual number may be more or less
depending on precipitation and bioretention cell performance. Results of the 2016 monitoring will be
documented in a technical memorandum.
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EXHIBIT A - FORM OF AGREEMENT
Budget
The following table outlines the individual tasks and costs associated with this work.
Task_ Labor Other Costs ($) Subtotal
Bioretention Equipment Installation $793 - $793
Bioretention Weekly Site Maintenance $3962 $457(2) $4419
and Data Collection
Bioretention Storm Event Data $6340 ( $2760(3) $9100
Collection
Bioretention Final Report $1585 $1585
Subtotal $15,897
F&A* $7287
Total $23,184
Notes:
(1) —Assumes average and current labor rates for Graduate/Undergraduate Students and
Research Associate. Labor costs include Graduate Student tuition.
(2) —Costs for AirGas rentals and various equipment needs
(3) —Sample analysis:2 samples per event x 8 events
Task 2: 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. In order 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 is runs off of travel lanes. Ultimately,the melted snow/ice and the 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 in Spring Creek. Specifically,chloride concentrations in Spring Creek will be
compared to water quality metrics that are known to effect aquatic life.A secondary objective is to
estimate the amount of applied deicing material that can result in chloride concentrations exceeding
water quality metrics. To accomplish these objectives,CSU will perform the following tasks:
• Install four water quality sondes at strategic locations within Spring Creek to continuously
monitoring specific conductance and water depth.
J • During deicing/runoff events, collect water quality grab samples in Spring Creek and analyze the
samples for chloride
• Using specific conductance/chloride relationship,generate continuous record of chloride
concentrations within Spring Creek.
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EXHIBIT A - FORM OF AGREEMENT
• Compare the magnitude and duration of chloride concentrations against criteria established for
aquatic health.
• Obtain deicing material application data from Streets and calculate the total amount of deicing
material applied during each event. Compare amounts against in-stream chloride
concentrations.
• All of the above activities will take place from approximately Feb. 1, 2016-May 1,2016.
The results of this task will be documented in a technical memorandum.
Budget
The following table outlines the individual tasks and costs associated with this work.
Task Labor Other Costs ($) Subtotal
Monitoring Equipment Installation $634 $760(2) $1394 t
Weekly Equipment Maintenance and $3170 $228(3) $3398
Data Collection
Deicing GIS Data Analysis $5072 - $5072
Runoff Event Grab Samples $634 $608i4i $1242
Bioretention Final Report $1585 - $1585
Subtotal $12,691
F&A* $5635
Total $18,326
Notes:
(1) —Assumes average and current labor rates for Graduate/Undergraduate Students and
Research Associate. Labor costs include Graduate Student tuition.
(2) —Equipment refurbishment and materials for installation
(3) —Calibration fluids and supplies
(4) —Sample analysis:4 samples per event x 4 events
Task 3: Literature Review of Nutrient Sources in Urban Stormwater.
Background
The discharge of nutrients(i.e. nitrogen and phosphorus)to receiving waters is a significant problem in
Colorado and elsewhere in the US. Recently,the Colorado Department of Public Health and
Environment(CDPHE) has promulgated new rules to limit the discharge of nutrients from the urban
environment. In terms of urban stormwater discharges,the new rules require targeted education and
outreach campaigns to address sources that contribute to nutrient discharges.
In order to conduct a targeted education and outreach campaign,the regulated community(i.e.City)
must first know what the primary sources of urban stormwater nutrient discharges are. Potential
sources of nutrients in urban stormwater include lawn fertilizers,erosion of native soils,atmospheric
deposition,etc. However,the City does not currently have a good understanding of all of the potential
sources that may contribute to urban stormwater nutrient discharges.
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EXHIBIT A - FORM OF AGREEMENT
Objectives and Scope of Work
The objective of this research activity is to identify potential sources of nutrients,and their relative
magnitude, in urban stormwater through a review of existing studies. To complete this work,a
thorough search will be conducted to identify peer-reviewed studies that have identified,quantified,or
otherwise evaluated sources of nutrients in the urban environment. The results of those studies will be
summarized and documented in a report submitted to the City.
Budget
The following table outlines the individual tasks and costs associated with this work.
Task Labor Other Costs($) Subtotal
Literature Review and Final Report $5713 $5713
Subtotal $5713
F&A* $2544
Total $8257
Notes:
(1) —Assumes average and current labor rates for Graduate Student and Research Associate. Labor
costs include Graduate Student tuition.
Task 4: Literature Review of Bioretention Media
Background
The City now requires that low impact development(LID) be utilized on all new and re-developments.
Bioretention is one LID technique that is being used extensively. Bioretention removes pollutants from
stormwater by filtering the stormwater through a "media"that currently consists of sand, compost and
shredded mulch. Previous monitoring results performed at the 700 Wood St. bioretention cell suggests
that the.current media is not very effective at removing nutrients and the City is considering modifying
its requirements for bioretention media to increase the removals of nutrients.
As a first step towards modifying the bioretention media requirements,the City would like to determine
what other bioretention media are being used and how effective those media are at removing nutrients.
Objectives and Scope of Work
The objective of this research activity is to identify potential bioretention media that could increase the
removal of nutrients from urban stormwater. In order to achieve this objective,CSU will identify peer-
reviewed studies that have quantified nutrient removal in bioretention cells. The results of those
studies (e.g. nutrient removal effectiveness and media)will be summarized in a report submitted to the
City.
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EXHIBIT A - FORM OF AGREEMENT
Budget
The following table outlines the individual tasks and costs associated with this work.
Task Labor($)M Other Costs($) Subtotal
Literature Review and Final Report 1,$5713 $5713
Subtotal $5713
F&A* $2544
Total $8257
Notes:
(1) —Assumes average and current labor rates for Graduate Student and Research Associate. Labor
costs include Graduate Student tuition.
Potential Addendum Task: Modification of BMP Construction Details
The City is interested in updating its standard BMP construction details to include ultra-urban
stormwater BMPs and to modify existing details. At this time,the City is waiting on the completion of a
similar effort being conducted by the City/County of Denver and Urban Drainage Flood Control District
before it begins its own BMP construction detail updates. Once the Denver/UDFCD effort is completed,
the City expects to contract with CSU to review the BMP construction details of Denver, UDFCD and
other cities (e.g. Portland, New York)and provide modifications to address Fort Collins-specific
stormwater criteria. This work would be funded as an addendum to this scope of work, and the
addendum will include a more details scope of work for this activity.
Technical Supervision
This research will be conducted under the primary supervision of Chris Olson, P.E. Chris is a Research
Associate III at CSU working under Dr. Sybil Sharvelle. Chris has been managing stormwater research for
the City for the past 8 years.
Deliverables and Schedule
Below is a list of deliverables that will be submitted to the City and the proposed schedule for those
deliverables:
• Task 1: Bioretention Monitoring Technical Memorandum:June 1, 2016
• Task 2:Winter Runoff Monitoring Technical Memorandum: May 1, 2016
• Task 3: Nutrient Source Literature Review Report:January 31, 2017
• Task 4: Bioretention Media Literature Review Report: January 31, 2017
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EXHIBIT A - FORM OF AGREEMENT
i
Budget"
The following table presents the estimated budget for all services outlined in this proposal.
Task Subtotal F&A* Subtotal
1—Bioretention Monitoring $15,897 $7287 $23,184
2—Winter Runoff Monitoring $12,691 $5635 $18,326
3—Nutrient Source Literature $5713 $2544 $8257
Review
4—Bioretention Media Literature $5713 $2544 $8257
Review
5—Technical Supervision(l) $5503 $2313 $7816
Total $65,840
(1) —Salary for Research Associate to provide technical supervision of all research activities
*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 beginning July 1,2015 is 50%followed by 51%and 52%in subsequent years. On this
proposal, MTDC F&A is applied to direct costs minus GRA tuition.Tuition is a condition of employment
for Graduate Research Assistants at Colorado State University.
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 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.
Scheduling is determined as contracts are finalized.
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