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Home My WebLink AboutCORRESPONDENCE - RFP - 9493 WATER RESOURCE ENGINEERING SERVICES Page 1 of 5 Official Purchasing Document Last updated 11/2023 AMENDMENT #1 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND BBA WATER CONSULTANTS, INC. This First Amendment (Amendment # 1) is entered into by and between the CITY OF FORT COLLINS (the CITY) and BBA WATER CONSULTANTS, INC. (the PROFESSIONAL). WHEREAS, the PROFESSIONAL and the CITY entered into an AGREEMENT effective February 1, 2022 (the AGREEMENT); and WHEREAS, PROFESSIONAL and the CITY desire to amend the AGREEMENT to amend the Scope of Services and extend the term of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. The Agreement shall be renewed for an additional one-year period, February 1, 2024 through January 31, 2025. 2. Exhibit A, Scope of Services, is hereby revised and replaced with the attached Exhibit A- 1, consisting of three (3) pages and incorporated herein. 3. Exhibit B, Compensation, is hereby revised to replace the pricing table with the attached Exhibit B-1, consisting of one (1) page and incorporated herein. Except as expressly amended by this Amendment #1, all other terms and conditions of the AGREEMENT shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the AGREEMENT and this Amendment #1 this Amendment # 1 shall prevail. IN WITNESS WHEREOF, the parties have executed this First Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: BBA WATER CONSULTANTS, INC.: By: Printed: Title: Date: DocuSign Envelope ID: BDB18C13-E42A-4A7A-BA7B-1DE3441EF1E9 Principal - Hydrologist Kristina Wynne 1/19/2024 1/19/2024 Page 2 of 5 Official Purchasing Document Last updated 11/2023 EXHIBIT A-1 SCOPE OF SERVICES I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is engaging the Professional to provide water resource engineering services to the Natural Areas Department (“NAD”) to aid in the administration of the City’s Decreed Plan for Augmentation (the “Plan”). B. Background In October 2017, the City of Fort Collins received a decree in Case No. 14CW3176 (the “Decree”), which approves the change of use of the City’s ownership in certain irrigation water rights, grants new water rights and approves a Plan for Augmentation to replace evaporation and other depletions from several former gravel pits owned by the City as a part of the Natural Areas system in the Poudre River corridor. A copy of the Decree has been included at the end of this RFP document. The Decree is fairly complex and includes numerous obligations and activities to implement and operate the water rights operations. II. SCOPE OF SERVICES A. Scope of Work There are various requirements and obligations contained in the 14CW3176 Decree necessary to implement and operate the decreed water rights. Overview The water operations decreed in this case are fairly extensive and require careful coordination. This scope includes assistance to the City to manage water operations as allowed by the Decree. Coordination with City staff, the State Engineers Office, ditch company personnel and other water users as necessary to implement and manage operations consistent with the Decree and conventional water administrative practices is also included in this scope. The Professional will directly support City staff in decisions for augmentation plan operations to ensure the City is in compliance at all times with the Decree and its multiple associated agreements. At its core the Plan includes nine floodplain ponds, two primary water rights, and Rigden Reservoir which serves as a storage vessel for the Natural Areas water to then release water back to the Poudre River to meet return flow and depletion obligations. The Plan also contemplates contingency operations for when river administration changes the City’s obligations so alternate operations must be used. The City has been administering the Plan since 2019. The Decree also contemplates a water level management plan (“WLMP”) for the Natural Areas ponds in order to benefit aquatic vegetation and habitat in the ponds. As specifically described in Paragraph 21.1.2, “As part of its operation and management of the Fort Collins Ponds, Fort Collins intends to alter water levels in certain ponds by removing water from them periodically to lower the water level, including without limitation pumping water from the ponds or using outlet pipes and structures to drain the ponds by gravity, and managing the ponds and using ground water inflows into the ponds at a later date up to the high water levels by reducing or eliminating the release of water from the ponds, thus raising the pond water levels.” The Decree allows for this WLMP by appropriating DocuSign Envelope ID: BDB18C13-E42A-4A7A-BA7B-1DE3441EF1E9 Page 3 of 5 Official Purchasing Document Last updated 11/2023 exchange water rights and allowing the City to store any pond releases in Rigden Reservoir for later release for augmentation or other uses. The WLMP has not been operated since the City began administering the Plan in 2019. Beginning in 2024, the City will exercise this option to conduct water level management for the benefit of aquatic habitats in the augmented ponds and therefore additional tasks associated with the WLMP are included in this scope of work. The Professional will provide direct assistance to the City for the completion of the following tasks: 1. Data Acquisition For this task, the Professional will continue current practices for accessing various data. Data access may also occasionally involve coordination with other organizations to automate the data acquisition and efficiencies as much as reasonable. The Professional will coordinate with City staff to ensure that any operational improvements are easily developed and implemented. Specifically, in order to complete the monthly water account report for the Division of Water Resources (“DWR”), data acquisition will include:  Obtaining water operations records from City (specifically the Rigden Reservoir operations and NAD ponds data).  River administration data from DWR.  Coy ditch data from East Larimer County Water District and weather and evapotranspiration (“ET”) data from Northern Water Conservancy District. 2. Weekly Administration of the Plan The administration of this Plan requires daily and weekly diversions and releases to ensure use of the associated water rights and releases from Rigden Reservoir to the Cache la Poudre River meet calculated obligations. Weekly tasks include collecting and evaluating data, determining the NAD’s operational needs for the week/month and sending a weekly email to the City team who are operating the systems and field infrastructure for inputs and releases at Rigden Reservoir. On a routine week over the last few years (without additional communications, consideration or seasonal circumstances) these core tasks took approximately one and a half hours. 3. Monthly Communications & Tracking The Professional will communicate with ditch companies and the water commissioner to operate the Plan. The annual projection form establishes estimated needs. Real time decisions are then made throughout the year to refine the actual diversion s and releases. Actual use is communicated throughout the year to the ditch companies and the water commissioner. The Professional will also track and submit the Monthly Water Accounting form. Monthly water accounting functions will be performed on behalf of the City and involve calculations from the various data sources for the purposes of submitting the required Monthly Water Accounting forms. The Monthly Water Accounting form also includes a monthly update to the Annual Projection Form, based on actual water use data. DocuSign Envelope ID: BDB18C13-E42A-4A7A-BA7B-1DE3441EF1E9 Page 4 of 5 Official Purchasing Document Last updated 11/2023 4. Annual Tracking The Professional will prepare and submit an annual Water Operations Projection Form as required by the Decree. The Projection shows the anticipated water depletions, operations (including WLMP operations), exchanges and replacements for the upcoming year. The purpose is to allow for advanced planning of anticipated water operations, and to demonstrate sufficient replacement supplies necessary to prevent injury to other water rights. This Projection also provides a ‘notice’ to objectors of the same. 5. Assist with Water Level Management Plan Operations The Professional will assist the City team with the implementation of the WLMP plan for the first time beginning in 2024. This is anticipated to include coordinating with City staff regarding plans for varying water levels in ponds throughout the year. Daily operations and data associated with WLMP will be incorporated into the monthly accounting in a manner similar to what is described in Tasks 1 the 4 above. This will include measurements of releases from the managed ponds and measurement of any surface water inflow from each pond so that the accretions and depletions associated with WLMP can be calculated. The appropriate augmentation requirement resulting from the WLMP will then be determined and incorporated into the necessary replacement supply releases. Pursuant to the Decree, monitoring of the vegetation within the Open Pond Space is required for any pond that is included in the WLMP. The Professional will communicate with the City team on at least a monthly basis regarding the acreage, type and growth stage of plants within the Open Pond at a given time. This data will be incorporated into the monthly accounting. As needed, mapping or other assistance will be provided to acquire this data. This task will also include tracking of annual WLMP operations limits defined in the Decree. It is anticipated that assistance with the WLMP will require approximately 3 hours per month, in addition to assistance with general operation of the Plan described above. 6. Other The Professional may be asked to provide additional related services including but not limed to: supporting communication and coordination with City and other utilities about the operations of Rigden or other City water assets tied to this augmentation Plan; supporting City staff in learning how to operate the augmentation plan, communicate with stakeholders and submit monthly accounting; assisting with technical input on maintenance or replacement needs for the field water level monitoring instruments; troubleshooting new or unusual circumstances (calls, seasonal issues); and communicating special circumstances to the Natural Areas staff and offering a recommendation on next steps. DocuSign Envelope ID: BDB18C13-E42A-4A7A-BA7B-1DE3441EF1E9 Page 5 of 5 Official Purchasing Document Last updated 11/2023 EXHIBIT B-1 DocuSign Envelope ID: BDB18C13-E42A-4A7A-BA7B-1DE3441EF1E9 DocuSign Envelope ID: BDB18C13-E42A-4A7A-BA7B-1DE3441EF1E9 DocuSign Envelope ID: BDB18C13-E42A-4A7A-BA7B-1DE3441EF1E9 04/16/2023 Marsh Affinity a division of Marsh USA LLC. PO BOX 14404 Des Moines, IA 50306-9686 Marsh Affinity 800-743-8130 ADPTotalSource@marsh.com New Hampshire Insurance Co.23841 A 07/01/2023 07/01/2024 2,000,000 2,000,000 2,000,000 ADP TotalSource MI XXX, Inc. 5800 Windward Parkway Alpharetta, GA 30005 Alternate Employer: Bishop-Brogden Associates, Inc. DBA BBA Water Consultants, Inc 333 W. HAMPDEN AVE. Suite 1050 Englewood, CO 801100000 WC 034274990 CO All worksite employees working for BISHOP-BROGDEN ASSOCIATES, INC. DBA BBA WATER CONSULTANTS, INC, paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy. BISHOP-BROGDEN ASSOCIATES, INC. DBA BBA WATER CONSULTANTS, INC is an alternate employer under this policy. City of Fort Collins - Purchasing P.O. Box 580 Fort Collins, CO 80522 X DocuSign Envelope ID: BDB18C13-E42A-4A7A-BA7B-1DE3441EF1E9