HomeMy WebLinkAboutRFP - 10211 Special Rotary Hydrated Lime10211 Special Rotary Hydrated Lime Page 1 of 28
REQUEST FOR PROPOSAL
10211 SPECIAL ROTARY HYDRATED LIME
RFP DUE: 3:00 PM MT (Mountain Time), September 11, 2025
The City of Fort Collins is requesting proposals from qualified Service Providers to provide Special
Rotary Hydrated Lime to the Fort Collins Water Treatment Facility.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
All questions should be submitted, in writing via email, to Jake Rector, Purchasing
Manager at [Email], with a copy to Tyler Wells, Project Manager, at twells@fcgov.com, no
later than 3:00 PM MT on September 4, 2025. Please format your e-mail to include: RFP 10211
Special Rotary Hydrated Lime in the subject line. Questions received after this deadline may not
be answered. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted on the Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
88578 pH Control Chemicals
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Service Providers to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
fcgov.com/purchasing
10211 Special Rotary Hydrated Lime Page 2 of 28
applies to all third-party Service Providers and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Service Providers may
submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Service Providers may redact text and/or data that it deems confidential
or proprietary pursuant to CORA. All pricing will be considered public records subject to
disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC
VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a
waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal
or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by CORA, by
order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade
secrets, confidential commercial information and financial data information may not be disclosed
by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Service Providers hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA. All provisions and pricing of any
contract resulting from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form
can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal, however,
if you take exception to participating in Direct Deposit (Electronic) payments please clearly note
such in your proposal as an exception. The City may waive the requirement to participate in
Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Service Provider shall be required to sign the City’s Agreement prior to commencing
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services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Service Provider to provide
Special Rotary Hydrated Lime to the Fort Collins Water Treatment Facility.
B. Background
The City of Fort Collins (City) is a vibrant community of approximately 175,000 located 65
miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 56
square miles in size and is the northern extension of the “Colorado Front Range” urban
corridor. The City’s population includes over 33,000 college students.
The Fort Collins Water Treatment Facility (FCWTF) provides reliable, high quality, and
affordable drinking water to the Fort Collins community.
II. SCOPE OF PROPOSAL
A. Scope of Work
1. Lime Requirements
Proposed Lime must meet all specifications as described in Exhibit A, FCWTF Standard
Operating Procedure – Lime.
2. Estimated Quantity
The estimated annual usage for Lime is 750 tons.
Previous delivery totals are:
2017 – 736 tons
2018 – 754 tons
2019 – 744 tons
These quantities are given solely as a basis for the computation of the amount of
award or for evaluation purposes only; and are not to be considered a commitment
to purchase. The awarded Service Provider shall be obligated to honor all individual
releases of orders through the firm price period.
3. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances. All work shall be performed in accordance with ANSI
Z133.1 A300 and applicable OSHA and AWWA Standards.
In addition, Service Providers must adhere to requirements described in Exhibit B, FCWTF
EMS Guide for Contractors and Service Providers. Lack of compliance is grounds for
cancellation of the Agreement and/or any unfulfilled purchase orders.
4. Delivery & Freight
Delivery of Lime must be made within 72 hours from time of order.
Prices quoted shall include freight, FOB to Fort Collins Water Treatment Facility at 4316
Laporte Avenue, Fort Collins, CO. Pricing is to include any & all hazmat charges,
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delivery charges, regulatory compliance charges, fuel/surcharge fees, deposits, and
transportation charges, etc. The City will not pay demurrage or other charges unless the
City requests the Service Provider leave the container past the delivery date.
5. Protection Of Property
All existing structures, utilities, services, roads, trees, shrubbery, etc. located on City
property shall be protected against damage or interrupted services at all times by the
Service Provider during the term of the awarded contract. The Service Provider shall be
held
responsible for repairing or replacing any and all property which is damaged by
reason of the Service Provider’s operation on the property to the satisfaction of the City.
B. Security Clearance and Criminal Background
All employees provided by the Service Provider for assignment to any City facility must
have a clean criminal background.
The awarded Service Provider will be required to facilitate, prior to acceptance of
employment, background screening of all employees at Service Provider’s expense. In
the event that a background check raises questions about the trustworthiness, fitness for
provision of services under this Agreement, competence or suitability of any individual
working with members of the general public, such individual shall not be employed in
connection with the services or activities required.
Violation of this specification may be grounds to terminate services with the Service
Provider.
The City reserves the right, at its discretion, to preclude any manager, supervisor or
employee from providing services under this contract.
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: August 22, 2025
• Question deadline: 3:00 PM MT on September 4, 2025
• Proposal due date: 3:00 PM MT on [Date]
• Award of Contract (tentative): September 2025
D. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
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E. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors in their proposal
and shall provide assurances that the subcontractor can meet all delivery requirements
listed in Exhibit A, FCWTF Standard Operating Procedure - Lime. Please note that the
City will contract solely with the awarded Service Provider; therefore subcontractors will
be the responsibility of the Service Provider.
F. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
In addition, the Fort Collins Water Treatment Facility Standard Operating Procedure and
EMS Guide for Service Providers are to be adhered to. Lack of compliance with these two
documents is grounds for cancellation of the purchase order/agreement.
G. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
H. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
I. Invoicing and Payment
Invoices should be emailed as services are provided to invoices@fcgov.com with a copy
to the Project Manager. The cost of the work completed shall be paid to the Service
Provider each month following the submittal of a correct invoice by the Service Provider
indicating the project name, Purchase Order number, task description, hours worked,
personnel/work type category, hourly rate for each employee/work type category, date of
the work performed specific to the task, percentage of that work that has been completed
by task, 3rd party supporting documentation with the same detail and a brief progress
report.
Payments will be made using the prices stated in the Agreement. In the event a service
is requested which is not stated in the Agreement, the Service Provider and the City will
negotiate an appropriate unit price for the service prior to the Service Provider initiating
such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
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pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Service Providers are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what Service
Providers propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Acknowledgement.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. Include details of who to contact for annual pricing information, how to
place orders, delivery of material, unloading, documentation, etc.
2. Describe how your organization will adhere to the requirements set forth in Exhibit A,
FCWTF Standard Operating Procedure – Lime, and Exhibit B, FCWTF EMS Guide
for Contractors and Service Providers.
3. Describe how the product will be transported. If applicable, include information
regarding the subcontractor to be used for transporting the product, such as the
name of the firm to be used, their history with your firm and previous experience
transporting products. The Service Provider is to provide a list of intended delivery
agents (motor carrier) and a letter from the U.S. Department of Transportation,
Federal Highway Administration, stating the Motor Carrier Safety Rating for the
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company as part of the bidding process. Each listed motor carrier’s rating must be
Satisfactory or above to be considered in the proposal process.
4. The Service Provider shall submit information on where the product is sourced and if
they anticipate that source will change during the contract term. Include information
on the quality of the product for use in potable water treatment including the AWWA
and NSF Certifications.
5. What is the expected lead time?
6. What is the truckload quantity for each item?
7. Does your firm provide a warranty for the materials? If so, please provide it with your
response.
8. Describe in detail how your firm provides the following:
a. Quality Assurance methods
b. Quality Guidelines
c. Performance Standards
D. Firm Capability and Assigned Personnel
Provide the following information:
1. A list of qualifications for your firm and qualifications and experience of your firm in
supplying and delivering the material to the City, as described above.
2. Provide a minimum of two similar projects with public agencies in the last 5 years that
receive Lime from your firm. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, sub-consultants on the team
and a brief description of the work.
3. Provide a copy of an inspection report/checklist/worksheet used when preventative
maintenance services are performed.
4. Provide your firm’s OSHA reportable accident rate and current workman’s
compensation Experience Modification Rate (EMR) for the last 3 years.
5. Address your company’s safety program and any additional information that would
be useful in demonstrating your approach to a safe work site. Unsafe conditions to
the public, owner, engineer, and Service Provider are not an option.
6. Provide a list of all projects in the last 3 years that have received an OSHA citation
either to the GC or sub-contractor on the jobsite and provide a narrative of the
citations. Limit your response to projects that have occurred in the Rocky Mountain
region.
7. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
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determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity Service
Provider supply chain, and how your firm has applied an equity lens to
processes such as recruitment, hiring, purchasing, career pathways,
salaries, and staff engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. What is the price per ton of Lime, per most current AWWA Standard and any
applicable NSF Standards, delivered to FCWTF? (NOTE: Price is to include any and
all hazmat charges, delivery charges, regulatory compliance charges, permits,
transportation charges, etc.)
2. Is your firm able to hold the price for at least one (1) year?
3. What unit of measure is used for invoicing? If this unit is different than the one used
to price the product in G.1., please provide additional information regarding this unit
and subsequent price.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
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H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Service Providers may be
conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Are other qualified personnel
available to assist in meeting the project
schedule if required?
3.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working
these services have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
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WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
4.0 Cost & Work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Are the
work hours presented reasonable for the effort
required by each project task or phase?
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V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP 10221 Special Rotary Hydrated Lime and sample
Agreement except as otherwise noted. Additionally, Service Provider hereby makes the
following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals
submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. Service Providers may submit one (1) additional complete proposal
clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service
Providers may redact text and/or data that it deems confidential or proprietary pursuant to
CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim
of confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby
waives any and all claims for damages against the City for the City’s good faith compliance
with CORA. All provisions and pricing of any contract resulting from this request
for proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
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Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Services Agreement
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Official Purchasing Document
Last updated 4/2025
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
This Services Agreement (Agreement) made and entered into the day and year set forth
in the Agreement Period section below by and between the CITY OF FORT COLLINS,
COLORADO, a Colorado Municipal Corporation, (City) and , a(n) [enter state] [business
type], (Service Provider).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide Services in accordance with the
Scope of Services (Services) attached hereto as Exhibit A, consisting of [# of Pages] and
incorporated herein. Irrespective of references to named third parties in this Agreement and
its Exhibits, the Service Provider shall be solely responsible for performance of all duties
hereunder.
2. Changes. The City may, at any time during the term of the Agreement, make changes to
the Agreement. Such changes shall be agreed upon in writing by the parties.
3. Agreement Period. This Agreement shall commence October 1, 2025 (the Effective Date)
and shall continue in full force and effect until September 30, 2026, unless sooner
terminated as herein provided. In addition, at the option of the City, the Agreement may be
extended for additional one-year periods not to exceed four (4) additional one-year
period(s). Renewals and pricing changes shall be negotiated by and agreed to by both
parties only at the time of renewal. Written notice of renewal shall be provided to the Service
Provider no later than thirty (30) days prior to Agreement end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause or penalty by providing at least ten (10)
calendar days written notice of termination to the Service Provider.
In the event of early termination by the City, the Service Provider shall be paid for Services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider 's obligations under this Agreement. Service Provider shall submit a final
invoice within ten (10) calendar days of the effective date of termination. Payment shall be
the Service Provider's sole right and remedy for such termination.
5. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Services Agreement
10221 Special Rotary Hydrated Lime Page 15 of 28
Official Purchasing Document
Last updated 4/2025
Attn:
Email Address
City of Fort Collins
Attn: Tyler Wells
PO Box 580
Fort Collins, CO 80522
twells@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
6. Compensation. In consideration of the Services to be performed pursuant to this Agreement,
the City agrees to pay the Service Provider in accordance with Exhibit B, consisting of [# of
Pages], attached and incorporated herein. Monthly partial payments based upon the
Service Provider's billings and itemized statements are permissible. The amounts of all
such partial payments shall be based upon the Service Provider's City-verified progress in
completing the Services to be performed pursuant hereto and upon the City's approval of
the Service Provider 's actual reimbursable expenses. Final payment shall be made
following acceptance by the City of the Services.
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Project Manager.
The cost of the Services completed shall be paid to the Service Provider following the
submittal of a correct itemized invoice by the Service Provider. The City is exempt from
sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy
of the license is available upon written request.
The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
approval.
7. Design and Service Standards. The Service Provider warrants and shall be responsible for
the professional quality, technical accuracy, accessibility requirements under ADA and
Public Accommodations and Technology Accessibility sections below, timely completion
and the coordination of all Services rendered by the Service Provider, and the Project
Instruments as defined in the Project Instruments and License section below. The Service
Provider shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies from such standards.
8. Indemnification. The Service Provider shall indemnify, defend, and hold harmless the City
and its officers and employees, to the maximum extent permitted under Colorado law,
against and from any and all actions, suits, claims, demands, or liability of any character
whatsoever claimed by the Service Provider or third parties against the City arising out of or
related to this Agreement (including but not limited to contract, tort, intellectual property,
accessibility, or otherwise). This obligation extends to reimbursement of the City's defense
costs and reasonable attorney’s fees.
9. Insurance. The Service Provider shall maintain insurance in accordance with Exhibit C
consisting of one (1) page, attached and incorporated herein.
10. Appropriation. To the extent this Agreement or any provision in it. requires payment of any
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nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by Fort
Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code
Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have
no obligation to continue this Agreement in any fiscal year for which there are no pledged
cash reserves or supporting appropriations pledged irrevocably for purposes of payment
obligations herein. Non-appropriation by the City shall not be construed as a breach of this
Agreement.
11. Project Instruments and License.
a. Upon execution of this Agreement, the Service Provider grants to the City an irrevocable,
unlimited and royalty free license to use any and all sketches, drawings, as-builts,
specifications, designs, blueprints, data files, calculations, studies, analysis, renderings,
models, plans, reports, and other deliverables (Project Instruments), in any form
whatsoever and in any medium expressed, for purposes of constructing, using,
maintaining, altering and adding to the project, provided that the City substantially
performs its obligations under the Agreement. The license granted hereunder permits
the City and third parties reasonably authorized by the City to reproduce applicable
portions of the Project Instruments for use in performing the Services or construction for
the project. In addition, the license granted hereunder shall permit the City and third
parties reasonably authorized by the City to reproduce and use the Project Instruments
for similar projects, provided however, in such event the Service Provider shall not be
held responsible for the design to the extent the City deviates from the Project
Instruments. This license shall survive termination of the Agreement by default or
otherwise.
b. Upon payment of each invoice, associated Project Instruments rendered by the Service
Provider shall become the City’s property. The Service Provider shall provide the City
with the Project Instruments in electronic format in a mutually agreed upon file type.
12. City Project Manager. The City will designate, before commencement of the Services, the
City Project Manager who will make, within the scope of their authority, all necessary and
proper decisions with reference to the Services provided under this Agreement. All requests
for contract interpretations, change order, and other clarification or instruction shall be
directed to the City Project Manager.
13. Project Status Report. Project status reports may be required by Exhibit A – Scope of
Services and shall be submitted to the City Project Manager. Failure to provide any required
status report may result in the suspension of the processing of any invoice.
14. Independent Contractor. The Services to be performed by the Service Provider are those of
an independent contractor and not of an employee of the City. The City shall not be
responsible for withholding or remitting any portion of Service Provider's compensation
hereunder or any other amounts on behalf of Service Provider for the payment of FICA,
Workmen's Compensation, unemployment insurance, other taxes or benefits or for any
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other purpose.
15. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
16. Subcontractors/Subconsultants. Service Provider may not subcontract any of the Services
without the prior written consent of the City, which shall not be unreasonably withheld. If
any of the Services are subcontracted hereunder (with the consent of the City), then the
following provisions shall apply:
a. the subcontractor must be a reputable, qualified firm with an established record of
successful performance in its respective trade performing identical or substantially
similar work;
b. the subcontractor will be required to comply with all applicable terms of this Agreement;
c. the subcontract will not create any contractual relationship between any such
subcontractor and the City, nor will it obligate the City to pay or see to the payment of
any subcontractor; and
d. the work of the subcontractor will be subject to inspection by the City to the same extent
as the work of the Service Provider.
The Service Provider shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the City as an additional insured under
this Agreement in accordance with Exhibit C. The Service Provider shall maintain a copy
of each subcontractor’s/subconsultant’s certificate evidencing the required insurance.
Upon request, the Service Provider shall provide the City with a copy of the certificate(s)
within two (2) business days.
The Service Provider shall be responsible for any liability directly or indirectly arising out of
the Services performed under this Agreement by a subcontractor/subconsultant, which
liability is not covered by the subcontractor/subconsultant's insurance.
17. Acceptance Not Waiver. The City 's approval of Project Instruments furnished hereunder
shall not in any way relieve the Service Provider of responsibility for the quality or technical
accuracy of the Services. The City’s approval or acceptance of, or payment for any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement.
18. Warranty.
a. Service Provider warrants that all Services performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
Services of a similar nature.
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b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any Services shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all Services must be of a quality
acceptable to City.
19. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, that party may be declared in default upon notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the Agreement and seek damages;
b. treat the Agreement as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits and other documents incorporated herein, shall constitute the entire Agreement of
the parties regarding this transaction and the matter recited herein. This Agreement
supersedes any prior Agreements, promises, or understandings as to the matter recited
herein. The Agreement shall be binding upon said parties, their officers, employees, agents
and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties. Covenants or representations not
contained in this Agreement shall not be binding on the parties. In the event of a conflict
between terms of the Agreement and any exhibit or attachment, the terms of the Agreement
shall prevail. Each person executing this Agreement affirms that they have the necessary
authority to sign on behalf of their respective party and to bind such party to the terms of
this Agreement.
22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution, and enforcement of
this Agreement —without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
City subsequently agrees in writing that the matter may be heard in federal court, venue will
be in U.S. District Court for the District of Colorado. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, that
holding shall not invalidate or render unenforceable any other provision of this Agreement.
23. Use by Other Agencies. The City reserves the right to allow other state and local
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governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the City’s award determination to the Service Provider. Use by any other Agency
shall not have a negative impact on the City in the current term or in any future terms.
Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for
the City in connection with the exercise of any rights hereunder, and neither party shall have
any right or authority to assume or create any obligation or responsibility on behalf of the
other. The other Agency shall be solely responsible for any debts, liabilities, damages,
claims or expenses incurred in connection with any Agreement established between them
and the Service Provider. The City’s concurrence hereunder is subject to the Service
Provider’s commitment that this authorization shall not have a negative impact on the
Services to be completed for the City.
24. Prohibition Against Unlawful Discrimination. The Service Provider acknowledges that the
City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. § 2000d to 2000d-4); C.R.S. § 24-34-401, and any associated State or
Federal laws and regulations strictly prohibits unlawful discrimination based on an
individual’s gender (regardless of gender identity or gender expression), race, color, religion,
creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to City
policy “sexual orientation” means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the City strictly prohibits
unlawful retaliation against a person who engages in protected activity. Protected activity
includes an employee complaining that he or she has been discriminated against in violation
of the above policy or participating in an employment discrimination proceeding.
The Service Provider shall comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies
to all third-party vendors and their subcontractors at every tier.
25. ADA and Public Accommodations. In performing the Services required hereunder, the
Service Provider agrees to meet all requirements of the Americans with Disabilities Act of
1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable
Colorado public accommodation laws, which are imposed directly on the Service Provider
or which would be imposed on the City as a public entity.
26. Technology Accessibility. The Service Provider represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The Service Provider shall also comply with all State of Colorado technology standards
related to technology accessibility and with Level AA of the most current version of the Web
Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
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To confirm that the Project Instruments meet these standards, the Service Provider may be
required to demonstrate compliance. The Service Provider shall indemnify, save, and hold
harmless the City against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorneys’ fees and related costs) incurred by the City
in relation to the Service Provider’s failure to comply with C.R.S. § 24-85-101, or the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24-85-103 (2.5).
The City may require the Service Provider’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the City to attest to the Project
Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
27. Data Privacy. Service Provider will comply with all applicable data privacy regulations and
laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act).
Service Provider shall ensure that each person processing any personal data connected to
the Services is subject to a duty of confidentiality with respect to the data. If applicable,
Service Provider shall require that any subcontractors meet the obligations of Service
Provider with respect to any personal data connected to this Agreement. The Parties agree
that upon termination of the Services that Service Provider shall, at the City’s choice, delete
or return all personal data to the City unless retention of the personal data is required by
law. Service Provider shall make available to the City all information necessary to
demonstrate compliance with the obligations of the Privacy Act. Service Provider shall allow
for, and contribute to, reasonable audits and inspections by the City or the City’s designated
auditor.
28. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable law.
29. Colorado Open Records Act. Service Provider acknowledges that the City is a governmental
entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and
documents in the City’s possession may be considered public records subject to disclosure
under the CORA. The parties agree that this Agreement and all incorporated Exhibits,
unless specifically marked as Confidential, are considered public records under the CORA.
30. Delay. Time is of the essence. Subject to Force Majeure, if the Service Provider is temporarily
delayed in whole or in part from performing its obligations, then the Service Provider shall
provide written notice to the City within two (2) business days defining the nature of the
delay. Provision of written notice under this Section shall not operate as a waiver of any
rights or benefits provided to the City under this Agreement.
31. Force Majeure. No Party hereto shall be considered in default in the performance of an
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obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided such cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the Service Provider must provide notice to the City of such condition
within ten (10) calendar days from the onset of such condition.
32. Special Provisions. Special provisions or conditions relating to the Services to be performed
pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of four (4)
pages, incorporated herein.
33. Order of Precedence. In the event of a conflict or inconsistency within this Agreement, the
conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this Agreement (and any written amendment),
b. Exhibits to this Agreement, and
c. The Purchase Order document.
34. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver
of any provision above. Any terms included in any Exhibit or other attachment that requires
the City to indemnify or hold Service Provider harmless; requires the City to agree to binding
arbitration; limits Service Provider’s liability; or that conflicts with statute, City Charter or City
Code in any way, shall be void.
[Signature Page Follows]
Services Agreement
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
Services Agreement
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT B
COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
EXHIBIT C
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or become
due the Service Provider under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Service Provider's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain Worker’s
Compensation and Employer’s Liability insurance during the life of this Agreement for all of
the Service Provider's employees engaged in work performed under this Agreement. Workers'
Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000
per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as
required by Colorado law.
B. General Liability. The Service Provider shall maintain during the life of this Agreement General
Liability insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property damage
shall be on a (broad form) basis. The amount of insurance for General Liability shall not be
less than $1,000,000 combined single limits for bodily injury and property damage.
C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement
Automobile Liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a (broad form) basis. The amount of insurance for Automobile Liability
shall not be less than $1,000,000 combined single limits for bodily injury and property damage.
Services Agreement
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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Service Provider under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, City customer identifiable information (including account, address,
billing, consumption, contact, and other customer data), utility metering data, service billing
records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Service Provider shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the City, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this Agreement and related to the services for which Service Provider
has been engaged shall be considered in the same manner and be subject to the same
treatment as the information disclosed after the execution of this Agreement with regard to
protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental to
Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The City and Service Provider shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this Agreement as an on-going obligation of the Parties.
Service Provider shall not use such information to obtain any economic or other benefit for
itself, or any third party, other than in the performance of obligations under this Agreement.
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4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, Service Provider must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take
appropriate steps to mitigate identity theft if it occurs with any of the City’s covered information
and must notify the City in writing within twenty-four (24) hours of discovery of any breaches
of security or Red Flags to the City.
7. Data Protection and Data Security.
Service Provider shall have in place information security safeguards designed to conform to
or exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written Agreements requiring any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) Service Provider’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
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• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. Service Provider may use subcontractors, though such activity shall not
release or absolve Service Provider from the obligation to satisfy all conditions of this
Agreement, including the data security measures described in this Exhibit, and to require
a substantially similar level of data security, appropriate to the types of services provided
and Confidential Information received, for any subcontractor Service Provider may use.
Accordingly, any release of data, confidential information, or failure to protect information
under this Agreement by a subcontractor or affiliated party shall be attributed to Service
Provider and may be considered to be a material breach of this Agreement.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the Service Provider can ensure security for the Confidential Information so
stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The Agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or Agreement and at any time
thereafter unless specifically authorized by the City in writing.
10. Termination Remedy. If Service Provider breaches any of the terms of this Exhibit, in the City’s
sole discretion, the City may immediately terminate this Agreement and withdraw Service
Provider’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this Agreement to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. Service Provider Receiving Party acknowledges that the Disclosing Party
may, based upon the representations made in this Agreement, disclose security information
that is critical to the continued success of the Discloser’s business. Accordingly, Receiving
Party agrees that the Disclosing Party does not have an adequate remedy at law for breach
of this Agreement and therefore, the Disclosing Party shall be entitled, as a non-exclusive
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remedy, and in addition to an action for damages, to seek and obtain an injunction or decree
of specific performance or any other remedy, from a court of competent jurisdiction to enjoin
or remedy any violation of this Agreement.
Verification Revision Approval Review Status
Initials GDS MKK GDS
Active
Date 7/22/2020 7/22/2020 7/22/2020
Fort Collins Water Treatment Facility
Standard Operating Procedure
Purchasing Special Rotary Hydrated Lime
Author: Rita DeCourcey Approvals (Signatures and Dates):
Section: Administration
Subject: FCWTF SOP for Lime Purchases
Revision: Gregg D. Stonecipher Mark Kempton, Water Production Manager
Revision Date: July 22, 2020
Ken Morrison, Manager of Plant Operations
PURPOSE
Establish guidelines for purchasing Special Rotary Hydrated Lime (Ca (OH) 2) for the Fort Collins
Water Treatment Facility (FCWTF).
The mission of the Fort Collins Water Treatment Facility (FCWTF) is to “provide the community
with a continuous ample supply of treated water that is pleasing, wholesome, free from known
health risks, and affordable.” Not only does the FCWTF take its role very seriously in providing
water of quality and quantity, it takes its fiduciary responsibility very serious ly. Consequently, the
FCWTF purchases products by determining best value for the City. Best value is calculated by
combining the following four components: (1) the chemical has been tested in the Pilot Plant and/or
approved by the Manager of Plant Operations; (2) the chemical can meet or exceed all FCWTF
standards, the AWWA standards, the NSF standards, and any other regulatory agency standards;
(3) the supplier can meet all the FCWTF requirements; and (4) the cost is factored in once it has
been determined that a supplier can meet items (1), (2), and (3) above.
HEALTH AND SAFETY ISSUES
For detailed information, please refer to the most current MSDS document
1. Lime is primarily an irritant. Other hazard classes include corrosive, and a skin sensitizer.
2. NFPA Hazard Rating includes:
Health=3
Flammability=0
Reactivity=0
3. Personal Protective Equipment:
Impervious gloves and goggles. If there is prolonged or repeated contact, completely
impervious clothing should also be used.
4. Leaks and Spills:
Dilute small spills or leaks with plenty of water.
Wash down any spilled material into the containment vault and follow Operations
procedures.
DocuSign Envelope ID: D5B23CD4-760B-44A7-861B-4384DD77DCD0
July 23, 2020
July 22, 2020
Fort Collins Water Treatment Facility
Standard Operating Procedure
Purchasing Special Rotary Hydrated Lime
Page 2
K:/Operate/SOP/Lime/LimePurchases.doc
Notify supervisor.
INFORMATION FOR THE FORT COLLINS WATER TREATMENT FACILITY (FCWTF)
1. Lime is budgeted in account 502.232201.558090.
2. Special Rotary Hydrated Lime, or equivalent, is used for alkalinity addition or adjustment; when
mixed with CO2, provides corrosion control.
3. FCWTF has experienced performance problems with the lime feeder in the past. Through
experimentation of different brands, purity, and density of lime, the Pilot Plant found that
Special Rotary Hydrated Lime significantly reduced the feeder performance problems by
eliminating deposits of lime on all interior sides of the mix tank.
4. FCWTF does not have additional diffusers, which could be used during the cleaning process.
5. Special Rotary Hydrated Lime is accepted in full, bulk quantities not to exceed 50,000 pounds
per delivery.
6. Delivery of Special Rotary Hydrated Lime must be made within 72 hours from time of order.
A. An excess supply is not kept on site; therefore, once an order is placed, it is critical to have
timely delivery.
B. Depletion of lime would require a shut down of operations due to the lead and copper rule
and/or notification of the Water Quality Lab and customers.
7. Without exception, samples shall be taken by the driver at the Water Treatment Faci lity
location.
8. FCWTF reserves the right to reject any shipments that do not meet its standard in quality or
delivery safety. The Supplier will pay the freight for any rejected shipments.
Special Rotary Hydrated Lime Requirements
1. Hydrated lime must meet the most current American Water Works Association (AWWA)
Standard for Hydrated Lime. Several items listed in the Standard are listed below:
A. FCWTF protocol requires use of Ca (OH)2 with a purity of at least 95 percent.
1) Vendor is to supply an analysis of impurities with each shipment and fax a copy prior to
shipment.
B. Samples shall be taken by the driver at the Water Treatment Facility.
C. Vendor’s product has been tested in the Pilot Plant and/or approved by the Manager of
Plant Operations.
D. Other potential impurities are the regulated metals: arsenic, cadmium, chromium, fluoride,
lead, selenium, and silver.
2. Hydrated lime must meet the most current National Sanitation Foundation (NSF) Standard 60.
DocuSign Envelope ID: D5B23CD4-760B-44A7-861B-4384DD77DCD0
Fort Collins Water Treatment Facility
Standard Operating Procedure
Purchasing Special Rotary Hydrated Lime
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SUPPLIER Requirements
1. Supplier must guarantee that the Hydrated Lime meets or exceeds the most current AWWA
Standard for Hydrated Lime.
2. Supplier must guarantee that the Hydrated Lime meets or exceeds the most current NSF
Standard 60.
3. Supplier must provide Commercial Grade Hydrated Lime.
4. Supplier must be able to supply Special Rotary Hydrated Lime in bulk quantities according to
the Packaging and Shipping section of the most current AWWA Standard for hydrated lime.
5. Supplier must provide a Certified Analysis of impurities with each shipment in accordance with
the most current AWWA Standard for Hydrated Lime. This analysis can be faxed prior to
delivery or presented by the delivery driver. Failure to provide this analysis can be a basis for
rejection of the shipment.
6. Supplier will guarantee the safety of the delivery vehicle and delivery containers.
A. Containers must meet industry standard for hauling Special Rotary Hydrated Lime and be
of suitable material that will not be attacked by the alkalinity of the product.
B. Supplier must ensure that the container is in suitable condition for hauling Hydrated Lime
and that it does not contain any substances that might affect the use or usefulness of the
Lime in treating municipal water supplies.
C. Containers leaving the Suppliers property should not be leaking, have bulging in any
portion of the container, and have connectors that are free from damage.
D. Delivery vehicles must meet or exceed all current State of Colorado Department of
Transportation (CDOT) regulations.
7. Supplier must inspect the delivery container prior to loading of th e chemical to ensure no
contaminating material or residue exists in the container.
8. Supplier is required to have a method to ensure that tampering has not occurred from the point
of origin to FCWTF unloading point. This is typically done by a metallic, numbered “tie” which
must be cut to open the hatch or cam lock. Other methods may be used; however, the method
must be approved in advance by the FCWTF.
9. Each year in January, the supplier will mail to FCWTF a new copy of the MSDS sheet and/or
the web site location of the most current version.
10. Each year in January, the supplier will mail to FCWTF a copy of the NSF Certification and
AWWA conformance letter.
11. Each year in January, the supplier will mail to FCWTF a signed FCWTF EMS Guide for
Contractors and Vendors Packet.
12. Supplier will be responsible for shipping costs if the shipment is rejected and returned for not
meeting the standards expressed in this SOP.
DELIVERY
1. All chemical suppliers must send an email to wtpchemicals@fcgov.com with the following
information prior to delivery:
a) the name of the driver making the delivery;
b) the numbers of the tractor and trailer transporting the chemical ;
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Fort Collins Water Treatment Facility
Standard Operating Procedure
Purchasing Special Rotary Hydrated Lime
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c) the serial number from the pre-numbered security tag.
2. The tanker will be sealed with a pre-numbered security tag at the point of origin, and the serial
number will be faxed after the truck has been loaded and ready for shipping.
3. Deliveries will be accepted Monday through Friday, 7:30 A.M. to 2:30 P.M. (local time),
excluding holidays.
4. Delivery trucks must park in the designated area on the north side of LaPorte Avenue
outside of the entrance gate. Use a cellular phone to call the facility at (970)221 -6690 or
walk to the entrance kiosk and press the red call button. Please do not block the facility
entrance on LaPorte Avenue. All deliveries are checked by FCWTF personnel prior to
entry.
5. The receptionist or person answering the telephone must contact the Duty operator. The Duty
operator will verify the delivery from the schedule board. The operator or designee will meet
the truck outside the gate.
6. FCWTF personnel will verify that the faxed information matches up with the driver, delivery
vehicle, and seal number arriving at the FCWTF. If the driver’s CDL, the tractor and trailer
numbers, or the seal number does not match, the truck will not be allowed to enter the facility.
The Manager of Plant Operations will be contacted and the delivery may be rejected.
7. FCWTF personnel will visually inspect the delivery vehicle for leaks, drips, or obvious
corrosion. The truck will not be allowed to enter the facility if it may compromise delivery
safety.
8. The security verification, the supplier’s quality assurance analysis, and the City’s lab analysis
will be given to the Manager of Plant Operations in order to identify the load in the event of any
problems.
9. Delivery drivers will take a dip sample at the Water Treatment Facility (WTF) using sampling
equipment provided by the WTF and submit it to the Operator at the time of delivery.
10. Delivery drivers are required to provide certified weight tickets for both the empty and loaded
weights of the tractor and trailer unit.
A. The weight ticket with the gross weight will be left with the vendor’s Bill of Lading at the
time of delivery.
B. The carrier may weigh empty after delivery to FCWTF and fax that ticket back to Fort
Collins at 970-221-6736, attention Ken Morrison. The empty weight ticket must be dated
the same day as delivery and be faxed within 24 hours of the delivery.
C. All weight tickets should have Fort Collins Water Treatment Facility written on the ticket,
either by the scale (preferably) or by the driver and shall be for the actual load delivered to
the FCWTF.
D. All weight tickets should have the vendor’s Bill of Lading number written on them.
E. All weight tickets should have the tractor and trailer number written on them.
11. Delivery of Special Hydrated Lime must be made within 72 hours from the time the order was
placed.
12. Delivery drivers are responsible for off-loading the hydrated lime. FCWTF personnel are not
allowed to connect or disconnect any supply hoses. FCWTF personnel will give instructions to
the delivery driver on chemical off-loading in accordance with FCWTF SOP for Lime Delivery.
DocuSign Envelope ID: D5B23CD4-760B-44A7-861B-4384DD77DCD0
Fort Collins Water Treatment Facility
Standard Operating Procedure
Purchasing Special Rotary Hydrated Lime
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13. Delivery drivers will be responsible for chocking trucks during delivery. Chocks will be
provided by FCWTF.
14. There will be a facility radio and telephone located at the lime workstation for the driver to page
the operator when assistance is needed. Operating instructions will be provided for the drive r.
15. Delivery drivers should meet with the operator to become familiar with the location of phones,
alarms, and emergency showers that are nearest to the off-load location.
16. Early deliveries will only be accepted if the driver calls in advance and there is adequate
storage.
17. Due to storage limitations, each load shall be limited to no more than 50,000 pounds.
18. Delivery drivers are required to unload slowly. The line to the silos is prone to plugging if it is
over pressured or too large an amount of lime is forced through the line. If the driver unloads
too quickly, lime is released into the outside air that could result in a violation of the FCWTF’s
air requirements.
PURCHASING
1. All contracts and purchases will be made in accordance with the City of Fort Collins
Purchasing Department (FCPD) Purchasing Procedures. A copy can be obtained through the
Purchasing Department. The Purchasing Department will ensure adherence to the FCPD
Purchasing Procedures.
2. FCWTF requires that all suppliers submit the names, locations, and phone numbers of three
current clients as part of any bidding process.
3. FCWTF requires that all suppliers submit a list of intended delivery agents (motor carrier) and
a letter from the U.S. Department of Transportation, Federal Highway Administration, stating
the Motor Carrier Safety Rating for the company as part of any bidding process. Each listed
motor carrier’s rating must be Satisfactory or above to be considered in the bidding process.
4. The FCWTF and FCPD will establish, at the beginning of each New Year, a Blanket Purchase
Order.
5. FCWTF Manager of Plant Operations or his designee will place delivery orders on that
Purchase Order throughout the year. FCWTF must be able to place orders using telephone,
fax, or electronic mail.
6. When placing an order, a delivery date will be specified.
DocuSign Envelope ID: D5B23CD4-760B-44A7-861B-4384DD77DCD0
Fort Collins Water Treatment Facility
Standard Operating Procedure
Purchasing Special Rotary Hydrated Lime
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Revision History
Date Initials Revisions
01/05/2016 GDS Updated reviser and signatories.
Added document control verification table in
header.
Added Revision history table.
Changed references to, “Water Treatment
Quality Coordinator,” to, “Manager of Plant
Operations.”
Changed wording in item 8 under, “supplier,”
from, “should be approved,” to, “must be
approved in advance.”
1/13/2017 GDS Reviewed, no revisions necessary.
01/24/2017 GDS Removed clause making Purchasing responsible for
SOP compliance of vendors.
Removed reference to sole source.
01/15/2019 GDS Added acceptable delivery days and times.
Changed wording regarding to limitations on
size of delivery from, “should,” to, “shall.”
Changed reference to, “air quality to permit,”
to, “air quality requirements.”
01/16/2019 GDS Changed delivery notification from fax to email at
wtpchemicals@fcgov.com
01/17/2019 GDS Updated budgeting account numbers.
01/24/2020 GDS
Removed statement that lime is toxic. There
is not evidence in the SDS of toxicity, beyond
the caustic and irritant properties.
Corrected NFPA ratings. Increased health
rating from “2” to “3” and increased reactivity
rating from “0” to “1” based on survey of
multiple SDS across multiple manufacturers.
SDS from neither current supplier
(Mississippi Lime, Pete Lien) contain NFPA
ratings. Of SDS surveyed which contained
NFPA ratings, all listed Health as “3” and it
was split whether reactivity was “0” or “1”.
Added, “or equivalent,” to initial reference to
Special Rotary Hydrate grade of lime, to
allow consideration of equivalent grades from
vendors other than Mississippi Lime.
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Fort Collins Water Treatment Facility
Standard Operating Procedure
Purchasing Special Rotary Hydrated Lime
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Replaced title, “Plant Superintendent,” with,
“Manager of Plant Operations.”
7/22/2020 GDS Changed specific references to Mississippi
line to just, “vendor.”
DocuSign Envelope ID: D5B23CD4-760B-44A7-861B-4384DD77DCD0
Water Production Division
4316 W. Laporte Ave.
Fort Collins, CO 80521
970.221.6690
970.221.6736 - fax
fcgov.com
Verification Revision Approval Review Status
Initials GDS MKK GDS
Active
Date 01/14/2020 01/14/2020 01/14/2020
Dear Contractor or Vendor,
The City of Fort Collins has adopted an environmental policy that focuses on its environmental
responsibility and reflects the community's strong desire to protect the environment. This policy specifies
the need to comply with legal requirements and includes a commitment to continually improve
environmental performance. With the implementation of this policy, a number of policies and
procedures have been adopted at the Fort Collins Fort Collins Water Treatment Facility (FCWTF). The
purpose of this EMS Guide for Contractors and Vendors is to familiarize you with these policies and
procedures and to address how you will be affected.
An Environmental Management System (EMS), with ISO 14001:2015 certification, has been
implemented at FCWTF to achieve the City’s goal of high environmental performance. In addition to
addressing in-house activities, the EMS requires that any party doing work within the FCWTF fence line
adhere to the relevant portions of the EMS. To fulfill this requirement, a list of procedures has been
developed for all FCWTF contractors or vendors to follow while working on site. This guide provides
an introduction to the EMS, communicates the environmental policy, and describes how you can help
FCWTF achieve its environmental goals.
If you have any concerns or questions regarding the information contained in this guide, please
feel free to contact FCWTF any time at (970) 221-6690.
The City of Fort Collins’ Environmental Policy
Fort Collins Water Treatment Facility Significant Aspects
An EMS requires that a facility identify those activities, products, and services that have the potential to
impact the environment. These “environmental aspects” are then rated based on a defined set of criteria
to determine their significance. From this list, significant aspects identified, and specific environmental
objectives are formed. Controls are put in place to minimize environmental impacts associated with
these activities and objectives and targets are put into place to improve environmental performance
associated with these activities.
The significant environmental aspects of the FCWTF:
· Building efficiency considerations for remodels;
· Handling of hydrofluosilicic acid;
· Use of electrical power;
· Handling of aluminum sulfate;
· Vehicle fuel usage;
· Natural gas usage;
· Solar-powered street lights;
· Solid waste-stream management;
· Instrument reagent disposal;
· Salt application for de-icing;
The environmental objectives chosen for FCWTF:
· Reduce electrical power use;
· Manage property and landscape to minimize environmental impact; and
· Reduce solid waste stream to landfill and divert waste streams to beneficial use, to the
greatest degree practical.
Basic measures in responsible environmental management are required, and we encourage all of our
contractor partners to help us improve our environmental impacts in all aspects of our activities. Such
basic measures include limiting of unnecessary idling of vehicle engines; striving to be efficient in your
use of resources; recycling, reusing, or otherwise diverting waste to beneficial use, where possible; and
storage of regulated materials, such as fuel and oil, in compliance with regulatory requirements and our
Environmental Management System (EMS). Also, please be advised that our facility is subject to
implementation of a Spill Control, Containment, and Countermeasure (SPCC) plan, which requires
special handling of petroleum products and other oils being stored on site.
We welcome any ideas or suggestions that you have to help our partnership be more environmentally
friendly. We value your role as our partner in environmental stewardship.
Emergency Evacuation Procedures
The Fort Collins Water Treatment Facility uses chlorine gas. Six tons of chlorine gas are stored on site.
In the event of a chlorine leak, an alarm will sound, requiring evacuation of the facility. All personnel on
site are required to follow the procedures in the flow chart below, provided in English and Spanish, to
facilitate safe evacuation and ensure that all personnel are accounted for. Additional copies of the flow
chart are available upon request.
Environmental Management Procedures
The following information is supplied to contractors and vendors who perform work on site for the Fort Collins Water
Treatment Facility (FCWTF). The information presented below has been developed as part of the facility’s Environmental
Management System (EMS). The intent of this information is to make contractors and vendors aware of the EMS and to
ensure conformance to applicable EMS procedures and work instructions.
This facility provides drinking water to the public and all contractor and vendor activities can impact drinking water quality.
It is imperative that the following guidelines are followed without exception.
General Environmental Management
Minimize idling of vehicles during any work operations.
Control fugitive dust emissions during any work operations and activities.
Do not excavate without the prior approval of appropriate FCWTF staff.
Follow all applicable Fort Collins Water Treatment Facility safety procedures.
Waste Recycling and Disposal
Label, store, and dispose of any waste materials according to local, state, and federal regulations. NO UNLABELED
CONTAINERS ARE PERMITTED ON SITE.
Notify appropriate FCWTF staff if there are any hazardous wastes on site. Recycle or dispose of all wastes in an
appropriate manner according to all local, state, and federal regulations.
Notify appropriate FCWTF staff when a regulated material is being used on site (asbestos, PCBs, oil, etc.).
Provide Safety Data Sheets (SDS) for all materials upon request.
Water Discharges
Do not discharge ANY material, including water, to storm water drains, sanitary sewer, or onsite holding ponds without
approval of appropriate FCWTF staff. Notify appropriate FCWTF staff if a state-permitted discharge will occur.
Keep roadways and outside areas clean and free of debris.
Material Storage / Spills
Obtain approval for outside storage of materials from appropriate FCWTF staff.
Equip storage areas with adequate secondary containment of all regulated materials.
Label and store all materials according to Hazard Communication standard [29CFR1910.1200].
Oils, petroleum fuels, and other materials regulated by 40CFR112 to be stored or transferred on site must be
incorporated into our SPCC plan. Please notify us of your intention to bring such materials on-site, even temporarily, so
that we can evaluate the applicability of 40CFR112. Storage of such materials must provide secondary containment and
monthly inspection reports will need to be filed with FCWTF staff.
Close all chemical containers except when in use.
Have appropriate spill kits available.
REPORT ALL SPILLS OR RELEASES OF MATERIALS, OF ANY SIZE IMMEDIATELY to FCWTF staff (970)
221-6690 and the Special Projects Manager. Contractors will follow up by submitting a completed Spill Reporting
Form.
CONTACTS
General Contact Number: (970) 221-6690 On-call Supervisor: (970) 203-3178
Water Production Manager: (970) 221-6692 Plant Superintendent: (970) 416-2155
Technical Services Supervisor (Environmental Coordinator): (970) 416-2524 office, (970) 217-3514 mobile
Water Production Division
4316 W. Laporte Ave.
Fort Collins, CO 80521
970.221.6690
970.221.6736 - fax
fcgov.com
Verification Revision Approval Review Status
Initials GDS MKK GDS Active
Date 01/14/2020 01/14/2020 01/14/2020
Fort Collins Water Treatment Facility
EMS Guide for Contractors and Vendors Checklist
This form must be completed, signed, and returned to the City of Fort Collins Fort Collins Water Treatment Facility
(FCWTF).
NOTE: Please review the enclosed materials prior to completing this form.
Contractor/Company Name:___________________________________ Date:_________
Contact Phone Number:_______________ E-mail address:________________________
Read and understand the signed Environmental Policy for the City of Fort Collins
Read and understand the Significant Aspects for FCWTF
Read and understand the Emergency Response Policy for Visitors
Read and understand the Environmental Management Procedures
If you will be storing fuel, oil, petroleum products, or any other material covered by 40CFR112, read and understand
the SPCC plan. Agree to comply with requirements to train all staff on the SPCC, cooperate with FCWTF staff in
incorporating all fuel and oil storage and transfer operations into our site SPCC plan, and implement applicable
sections of the plan (Appendix I).
Environmental Agreement
My company will abide by all environmental regulations and policies when performing work at the FCWTF. My company
will ensure that the requirements of the EMS are adequately communicated to all personnel that may visit FCWTF.
For questions or additional information contact the City of Fort Collins Water Treatment Facility at (970) 221-6690.
Signature:___________________________________________ Date:_______________
Rev.
No.
Effective
Date
Responsible
Person
Description of Revision
001 11/18/2015 GDS Updated document control box format
Revised language regarding SPCC
002 08/10/2016 GDS Updated environmental objectives
Updated chlorine leak evacuation flow chart
003 6/13/2018 GDS Updated environmental policy, added plant
superintendent contact information.
004 01/16/2019 GDS Clarified language of environmental objectives
005 01/1/2020 GDS Added significant aspects, as per suggestion
from NSF auditor.
Corrected reference to MSDS to SDS.
Added emphasis (underline) that discharges
even of water must be coordinated with plant
staff.
Removed fuel usage from objectives list.
Added Ops pager to contacts