HomeMy WebLinkAbout477776 AMEC EARTH & ENVIRONMENTAL INC - CONTRACT - RFP - 7145 CONSULTING ENGINEERING AND PLANNING SERVICES FOR WATER SUPPLY AND DEMAND MANAGEMENT POLICY UPDATEPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and AMEC Earth & Environmental, Inc., hereinafter referred to as
"Professional".
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 Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of ten (10) pages, and incorporated
herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall
be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of
one (1) page, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence September 8, 2010, and shall
continue in full force and effect until September 7, 2011, 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 periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published
by the Colorado State Planning and Budget Office will be used as a guide. Written notice of
renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to
contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
Standard Professional Services Agreement- rev03/10
1
City's overall per capita water use and for comparison with other municipal providers. Indoor vs.
outdoor water use will be quantified, both on a system -wide basis and by customer class, to
address issues related to water conservation, potential climate change effects on demand, and
'demand hardening'.
Our work under this Task includes the following.
Facilitate a project kick-off meeting with Utilities staff to formulate a protocol for
communications, sharing of documents, data, and other information. This will include a
discussion of historical and current water use and supply data and how they should be best
portrayed as well as discussion on how the Triple Bottom Line analysis will be incorporated
into the policy update.
Review available documents and data regarding historical water use and supplies, identify
data gaps, and where necessary, fill these data gaps using sound technical analyses.
Review available documents and data regarding the Utilities water demand projections,
identify data gaps, and where necessary fill these data gaps. This will also involve one
meeting with the City's planning department to review methods used to develop future
population growth projections and to discuss other potential planning conditions that might
affect water use.
Assumptions:
• The City will provide AMEC the necessary documents and data to effectively assess the
City's historical and current water supplies and demands. Important numerical data will be
available in electronic documents and/or spreadsheets.
• Identified data gaps necessary for analytical purposes for this study will be filled using
reasonable assumptions and technical approaches developed using expertise of the
Consultant Team. It is assumed that this effort will not exceed 20 percent of the level of
effort needed to complete this Task.
• City Planning staff will be readily available for discussions related to population and
employment projections and expected land use changes.
• Two meetings will be held with the City to coordinate data collection and review demand and
population data. This includes a project kick-off meeting and a meeting with the City's
planning department. These meetings will be held on the same day to reduce travel costs.
Deliverables:
• Agenda and meeting minutes
• Compiled water supply and water use data
Task 2: Review existing policy provisions for clarity, relevance and potential revision
Purpose: The City's current Water Supply and Demand Management Policy was drafted in
2003 and at least some of its provisions are in need of updating. The purpose of this Task is to
review the City's current Policy in light of recent developments, circumstances and the City's
current thinking, and to develop a preliminary list of potential policy revisions for further
evaluation and consideration in later Tasks.
Approach: Members of the AMEC Team will independently review the City's existing Water
Supply & Demand Management Policy Report (including Appendices), as well as the City's
2009 Water Conservation Plan, and will develop lists of initial observations, questions and
suggestions regarding potential policy revisions, considering technical, logistical, political and
2
communication perspectives. (A detailed review of the Water Conservation Plan is included in
Task 3). We will meet internally to develop a combined list of initial observations, questions and
suggestions for transmittal to Utilities. This combined list will deliberately preserve our
individual "first impressions and reactions". We will review our initial impressions with the City
and based on feedback from the City develop a draft memorandum containing a set of proposed
policy revisions. We anticipate that several revisions of this memorandum will be necessary
prior to the public review process. Given the City's proposed enlargement of Halligan
Reservoir, any proposed policy revisions will be crafted in anticipation of public presentation and
scrutiny.
Our work under this Task includes the following.
Review of the City's existing Water Supply & Demand Management Policy Report (detailed
review of the Conservation Plan is included in Task 3).
Conduct a comprehensive review of the City's different per capita water usage rates that are
currently used for different purposes, and recommend a single per capita usage rate for
policy planning purposes. In developing our recommendations, we will conduct the
following:
- Evaluate the City's most recent historical water usage data (through at least 2009) to
determine if there have been any recent changes in use trends. We will examine
historical total water usage, water usage by customer type, per capita water usage
and proportions of indoor and outdoor water use.
- Review the City's current methodology for normalizing its historical per capita water
usage values to represent average precipitation and temperatures and adjusts its per
capita water usage rates to account for large contractual customers and other sales
or exchange arrangements.
- Compare the City's current per capita water usage rate with the Water Conservation
Plan's per capita water use goal as adjusted in Task 3.
- Compare the City's recent historical total and residential per capita water use rates
with those of other Front Range providers to determine how the City's water usage
compares with other similar communities. In making this comparison, we will assess
the different degree of treated -water -irrigated `green cover' within each city's service
area. This factor can significantly affect the 'apples -to -apples' comparative value of
water use data for different cities. AMEC will apply remote sensing and GIS
techniques to quantify the degree of 'irrigated green cover' and associated water
demand within urban settings and has done so for several cities along the Front
Range. This is discussed in further detail below.
Use remote sensing and GIS techniques to develop an estimate of 'green cover' in the City
service area and compare this `green cover' to other municipalities along the Front Range in
relation to their per capita water demands. In the City, vegetation that indicates
supplemental irrigation will be classified from 2009 summer imagery at 1-meter resolution
that is freely available from USDA sources. This 'green cover will include a mixture of trees,
grass and other vigorous vegetation. Using the best available data, GIS analysis steps will
be applied to remove areas where vegetation overhangs impervious surfaces to avoid
overestimating irrigated acreage and provide consistency with similar studies. Other cities
where this data exists and we believe will be available for comparison include Thornton,
3
Longmont, Castle Rock, Aurora and possibly Denver, Boulder, Highlands Ranch and
Colorado Springs. For comparison purposes, efforts will aim to obtain estimates of 'green
cover' acreage among these municipalities that are relatively consistent with the methods
and necessary assumptions used to estimate the City's 'green cover'.
• Develop a Draft Demand and Supply Memorandum containing updated summaries and
illustrations of the City's historical and current water use and supplies, per capita water
demands, projected water demands and a summary of the GIS methods used to estimate
green cover in the City. Descriptions of derivations, if any, from previous data will be
provided in addition to recommendations for a planning level per capita water usage rate.
• Develop a list of preliminary policy revisions to discuss with Utilities
■ Meet with Utilities to obtain feedback on the Draft Demand and Supply Memorandum, Draft
Conservation Memorandum (described in Task 3) and to further refine a preliminary list of
proposed policy revisions
• Produce a Draft Preliminary Policy Memorandum containing a set of proposed policy
revisions based upon feedback from the City and follow-up analyses, for review by Utilities.
This memorandum will include a full set of policy provisions, proposed revisions to selected
provisions and discussions of each provision supporting the proposed revision or the
keeping of the existing provision.
• Meet with Utilities to refine the Draft Preliminary Policy Memorandum.
• Produce a Draft Policy Memorandum containing an updated set of proposed policy revisions
as well as results of the demand analysis. This memorandum will be incorporated into the
stakeholder outreach effort.
Assumptions:
• The City's 50-year Drought Criteria was the result of much work and discussion by City
Council and it reflects the City's preferences and values at the time it was adopted and we
do not recommend revising this policy provision at this time. However, Utilities should be
prepared to respond to questions from the public regarding the tradeoffs between alternative
levels of drought protection and the need for storage, climate change when modeling the
ability of the City's water supply system to meet the 50-year drought criteria and the
potential need for additional raw water storage. We will discuss these issues with Utilities
and make recommendations as appropriate, however, it will be the responsibility of the City
to address this issue during the stakeholder outreach effort.
• The City will be able to provide a GIS shape file that specifically depicts the Utilities service
area boundary (that is currently used for demand projections) for the estimate of 'green
cover' using remote sensing and spatial techniques.
• Data will be readily available from the listed municipalities above that have estimates of
'green cover' in their service area. These data will be relatively compatible with the City's
'green cover' estimate in order to conduct an 'apples -to -apples' comparison of the City's
'green cover' and per capita water demands in relation to other municipalities. A
comparison will be made with up to four other cities.
• The methods and assumptions used to develop the `green cover' estimates for other
municipalities' will be reviewed on a case -by -case basis. Minor modifications to the
municipalities' 'green cover' estimates may be necessary to ensure that the
assumptions/methods used to develop these estimates are compatible with the
assumptions/methods used to estimate the City's 'green cover' for an apples -to -apples
comparison. However, it is assumed that significant GIS analyses and/or other analytical
efforts will not be necessary for these modifications.
• Task 2 will consist of two meetings with Utilities.
4
Deliverables:
• Electronic spreadsheets developed to evaluate the City's historical supplies and demands
and projected demands
• Electronic Draft Water Supply and Demand Memorandum for review by the Utilities
• Electronic Draft Preliminary Policy Memorandum of proposed policy revisions for review by
Utilities
• Electronic Draft Policy Memorandum for the stakeholder outreach effort. This will
incorporate recommendations from the demand and supply and conservation evaluations
discussed in Task 3.
• GIS-ready green cover data in raster ESRI grid or similar format, comprising vegetation
types with greenness as an indicator of supplemental irrigation and/or healthy/vigorous
vegetation.
Task 3: Review the City's recent Water Conservation Plan for consideration in the policy
update
Purpose: The City's 2009 Water Conservation Plan contains information regarding the City's
recent water use patterns and proposes a water use goal of 140 gpcd (normalized to average
existing weather conditions) by the year 2020, based upon a new recommended conservation
program containing several program elements. The purpose of this Task is to review the Water
Conservation Plan for consideration in the City's Policy update as well as conduct a
comprehensive review of the 140 gpcd water use goal.
Approach: AMEC will work with the City to incorporate appropriate information from the Water
Conservation Plan into recommended changes for the policy update. This will include
recommendations for changes to the City's existing Demand Management policy provisions
regarding water conservation programs including educational programs, rate structures,
incentive programs, regulatory measures and operational measures.
The 140 gpcd goal of the Water Conservation Plan appears to be reasonable given the Plan's
assumptions, which include: no proportional changes in the amounts of future residential vs.
nonresidential growth, no changes in net development density in the service area, and no
change in future climate. However, changes in any of these assumptions, particularly increased
temperature due to climate change, are likely to result in a significantly higher per capita usage
rate in the future. We will examine the validity of these assumptions and, if warranted, propose
an adjustment of the 140 gpcd goal to reflect changes to these assumptions, including likely
changes in outdoor demand due to climate change.
We will work with Utilities and Planning staff to determine if the relationship between population
and employment is expected to change in the future, or if the average density of development in
the City's service area is expected to increase or decrease due to growth and will adjust the 140
gpcd goal to reflect the influence of changes in either of these factors.
We will also develop a range of projected increases in unit irrigation demands that would result
from temperature increases as predicted by global circulation models for the City's service area.
We will develop a range of further adjustments to the 140 gpcd goal that reflect the range of
projected increases in unit irrigation demands due to climate change.
5
Our work under this Task includes the following.
• Conduct a critical review of the Water Conservation Plan to develop a full understanding of
the Plan's characterization of the City's water uses, its demand projections and per capita
use goal, and its recommended plan elements.
• Prepare a range of adjustments to the Plan's 140 gpcd usage goal to reflect any expected
changes in the proportion of future residential vs. nonresidential growth, changes in net
development density, and projected temperature increases due to climate change.
• Prepare a Draft Conservation Memorandum describing the results of our analysis and
providing our recommendations for modifying the City's demand management policy
provisions to reflect the Plan's proposed Water Conservation Plan elements.
• Meet with Utilities to review and refine the Draft Conservation Memorandum and incorporate
the results of this Task into our work in Task 2.
Assumptions:
• City Planning staff will be readily available for discussions related to population and
employment projections and expected land use changes.
• Feedback from Utilities on the Draft Conservation Memorandum will be included in the
meeting outlined in Task 2 which will focus on the Supply and Demand Memorandum and
Conservation Memorandum
Deliverables:
Electronic spreadsheets developed to support the evaluation of the City's 140 gpcd
conservation goal
Electronic Draft Conservation Memorandum
Task 4: Stakeholder process to obtain objective input regarding key policy provisions
from a broad spectrum of the City including other City departments, advisory boards,
special interest groups and the general public.
Purpose: The City's Policy, adopted by Council, provides a framework that guides the City's
actions regarding major water supply planning and demand management decisions. As such,
any proposed revisions to the Policy justify public input and scrutiny. The purpose of this Task is
to develop a stakeholder process to obtain input from a spectrum of City Departments, interest
groups and the general public regarding proposed policy revisions and their implications.
Approach: The Consultant Team will develop a flexible but structured process for involving
stakeholders and will work with the City in establishing a Community Study Group (CSG) as the
primary vehicle for stakeholder involvement. The CSG will include representatives of all
relevant City Departments, interest groups and interested members of the general public, as
well as liaison members from the Water Board and/or City Council. Prior to convening the
group, the Consultant Team will interview CSG candidates to obtain input to the group's charter
and the issues to be addressed in the CSG process. Results from the interviews will be brought
forward to the CSG in the form of a draft charter and scope. In addition, these initial interviews
will provide insights on how to bring the larger community into the discussion of Policy Update
process.
Following the interviews, the Consultant Team will meet with the project team to discuss
R
recommendations for communicating with and engaging the broader community. At a minimum,
appropriate materials from the stakeholder process will be posted on the City's website.
The initial meeting of the CSG will focus on several start-up items. The role and responsibility of
the CSG will be identified and differentiated from that of the Water Board and the City Council.
A charter and ground rules will be established. A series of topic areas for subsequent meetings
will be mapped out so that all aspects of the City's Policy are addressed. At this first meeting,
we recommend a reasonable amount of flexibility regarding sequencing of subject matter. A
schedule for three subsequent meetings will then be developed that covers all major policy
topics, for example:
Stakeholder Meeting 2: Demand Management, Water Supply for Municipal Use and Water
Supply Shortage Plan
Stakeholder Meeting 3: Surplus Water, Regional Cooperation, Raw Water Quality, Stream
Flow/Ecosystem Protection, Recreational/Aesthetic Flows
Stakeholder Meeting 4: Synthesis of Discussions
Each meeting will be supported by presentations that facilitate discussion of the featured topics.
Participants will be actively involved via several processes: asking each member to identify and
explain their most important issues, break-out groups, "sticky board" sessions, and providing
comment sheets for individuals who may be reluctant to speak publicly. Comments and
opinions received at each meeting will be recorded, including minority or dissenting opinions.
Written meeting summaries, "snapshots" of sticky boards and tallies of prioritized issues, will be
created. A summary of this information will included in the Task 6 Final Report.
Our work under this Task includes the following.
• Meet with Utilities to plan the stakeholder process, identify potential CSG stakeholder
candidates, define a tentative schedule and identify needed support presentations and
studies.
• Conduct interviews with potential CSG candidates
• Develop an overall stakeholder process schedule and logistics.
• Develop recommendations for informing and engaging the general public.
• Prepare a Draft Stakeholder Process Memorandum summarizing the stakeholder process.
The Utilities will have an opportunity to comment on this memorandum prior to distribution to
the stakeholders.
• Develop a draft presentation for each meeting, handouts, wall displays and meeting
agendas for review by the Utilities prior to each meeting.
• Attend and facilitate stakeholder meetings. A structured dialog that involves a consideration
of tradeoffs, such as capital and operating cost, reliability, ultimate service population and
environmental impacts will be necessary. The Consultant Team will support this process in
the role of a technical facilitator, guiding the discussion, and also by providing reliable and
clearly presented information about tradeoffs.
• Provide meeting minutes summarizing key discussion points and feedback for each
stakeholder meeting.
Assumptions:
■ Up to 20 interviews will be held with CSG candidates.
7
• The meeting with the Utilities to develop the stakeholder process will be consolidated with
the Task 2 meeting to discuss the Draft Preliminary Policy Memorandum.
• Most of the work needed to provide informational support for the stakeholder meetings will
be readily derived from previous work and reports done by and prepared for the City.
• Catalyst will take the lead in developing the stakeholder process schedule, logistics and in
developing the Draft Stakeholder Process Memorandum.
• The Utilities will be responsible for "day-to-day" communication with the CSG and
distributing meeting materials in advance of each meeting.
• The Utilities will be responsible for identifying stakeholder candidates and contacting them to
initiate the CSG and hosting CSG meetings.
• The Consultant Team will facilitate four stakeholder meetings of approximately two hours
each during the duration of the stakeholder process. The CSG will operate under basic
ground rules, but will not require consensus on subject material.
• The Consultant Team will develop the following materials for each of the stakeholder
meetings: one Powerpoint presentation, agenda and up to four handouts. The Utilities will
have an opportunity to comment on these draft materials prior to each meeting. AMEC will
take the lead in developing the meeting materials and will work closely with Catalyst to
incorporate feedback on content and overall presentation of material.
• AMEC will provide the initial draft of the meeting minutes and incorporate feedback from
Catalyst and the Utilities.
• The Utilities will be responsible for production of the meeting material handouts prior to the
stakeholder meetings.
• Given the potentially controversial nature of this policy update, it is possible that the public
outreach effort will require additional processes beyond the four stakeholder meetings
included in this scope. The level of additional effort necessary for public outreach is
uncertain at this point of time, however, will become clearer during the initial interviews of
the stakeholder process included in this scope. Following the interviews, Catalyst will
develop a list of recommendations for informing and engaging the general public beyond the
four CSG meetings. At that point in time, additional work conducted by the Consultant
Team on the public outreach effort would need to be discussed and scoped as a separate
Task outside this current scope of work.
■ The Utilities will be responsible for website postings of materials provided by the Consultant
Team.
Deliverables:
• Electronic Draft Stakeholder Process Memorandum that summarizes the stakeholder
process
• Electronic list of recommendations for informing and engaging the general public beyond the
four CSG meetings
• Power point presentation, up to four handouts and meeting agenda for each of the
stakeholder meetings
■ Meeting minutes summarizing each of the stakeholder meetings
Task 5: Develop and present alternative policy provisions for review and consideration.
Purpose: The purpose of this Task is to develop a set of alternative policy revisions for
consideration by the Water Board and City Council. These policy provisions are to reflect the
thinking of Utilities and the results of Tasks 1 through 4.
Approach: As previously discussed, the stakeholder process developed in Task 4 will likely
produce an extensive and diverse amount of comments, reactions and recommendations.
Utilities and the Consultant Team will need to review and respond to the stakeholder input and
incorporate that input, as appropriate in Utilities' judgment, into alternative proposed policy
revisions.
Our work under this Task includes the following.
• Prepare an updated Draft Policy Memorandum incorporating feedback from the stakeholder
process. This memorandum will be an update to the Draft Policy Memorandum developed
for Task 2.
• Meet with the Utilities to review the Draft Policy Memorandum. Revisions to this
memorandum will be incorporated into the Final Report (Task 6).
Assumptions:
This Task will involve one meeting with the Utilities and conference call(s) as needed to
discuss feedback from the stakeholder meetings.
Deliverables:
Electronic Draft Policy Memorandum incorporating feedback from the stakeholder process.
This memorandum will be an update to the Draft Policy Memorandum outlined in Task 2.
Revisions to this memorandum will be incorporated into the Final Report (Task 6).
Task 6: Prepare final report recommending proposed policy revisions for adoption
Purpose: The purpose of this Task is to prepare a Policy Recommendations Report that
provides the final recommendations and supporting discussion for policy revision. The City will
use this report as a resource in support of adopting new policy.
Approach: The Policy Recommendations Report will consolidate information from the
memorandums developed for Tasks 1 through 5. This report will be developed upon conclusion
of the stakeholder outreach effort.
Our work under this Task includes the following.
• Discuss report subject matter, format and intended audiences with Utilities
• Prepare Draft Policy Recommendations Report for review by Utilities.
■ Meet with Utilities to review comments on the Draft Policy Recommendations Report and
discuss refinements.
• Prepare Final Policy Recommendations Report
Assumptions:
One meeting will be held with Utilities to review the draft report
Deliverables:
• Electronic Draft Policy Recommendations Report
• Electronic Final Draft Policy Recommendations Report
• Five hard copies of Final Draft Policy Recommendations Report
N
Task 7: Assist staff in presenting results and proposals to the Water Board, City Council
and other groups as needed
Purpose: The work done in Tasks 1 through 6 will be the result of collaboration between
Utilities and the Consultant Team. The purpose of this Task will be to provide presentation
support from the Consultant Team to Utilities for additional meetings held with the Water Board,
City Council and other groups.
Approach:
Our work under this Task includes the following.
Assist in preparing and presenting at meetings for the Water Board, City Council or other
groups on the proposed water supply and demand policy changes.
Assumptions:
• The Consultant Team will assist Utilities in presentations for up to three meetings.
• The Consultant Team's role and level of effort necessary to assist in developing the
presentations will be discussed and agreed upon with Utilities in advance of the meetings.
Deliverables:
Presentations for up to three meetings held with the City's Water Board, City Council or
other groups
Task 8: Project Management
Purpose: This Task includes administration of the project on behalf of the Consultant Team.
Approach: The Consultant Team will provide the Utilities monthly invoices and a brief progress
report summarizing the work completed for each invoice. These invoices will include work
completed by AMEC as well as by Catalyst.
Deliverables:
■ Monthly invoices with brief progress reports.
® Coordination with Utilities Project manager as needed
10
EXHIBIT B
WORK SCHEDULE
We stand ready to provide the City with timely services in a flexible manner sufficient to meet the City's. one-year time line.
Key milestones and respective dates are provided in our proposed schedule below. This schedule assumes work
commences in early September 2010 after signing of the contract. Changes to the schedule may be necessary to best
accommodate the needs of the City prior to signing of the contract.
Table 2 Project Schedule
Proposed Schedule:
City of Fort Collins
Water Supply and Demand
2010
2011
9/1
9115
9/29
10/13
10/27
11/10
11/24
12/8
12/22
1/5
1/19
2/2
2/16
3/2
3/16
3/30
4/13
4/27
5/11
5/25
6/8
6/22
716
7/20
8/3
8117
8/31
Task 1 - Collect historic and current
water use and supply data to help
illustrate current water demand and
supply relationships
Task 2 - Review existing policy
provisions for clarity, relevance and
potential revision
Task 3 Review the City's recent Water
Conservation Plan for consideration in
the policy update
Task 4: Stakeholder process to obtain
objective input regarding key policy
provisions from a broad spectrum of
the City including other City
departments, advisory boards, special
interest groups and the general public.
Task 5: Develop and present
alternative policy provisions for review
and consideration.
Task 6 Prepare final report
recommending proposed policy
revisions for adoption
Task 7: Assist staff in presenting
results and proposals to the Water
Board, City Council and other groups
as needed
Task 8: Project Management
17,Tt
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Professional:
City:
With Copy to:
AMEC Earth & Environmental,
City of Fort Collins
City of Fort Collins, Purchasing
Inc.
Attn: Donnie Dustin
PO Box 580
Attn: Lee Rozaklis
PO Box 580
Fort Collins, CO 80522
1002 Walnut Street, Suite 200
Fort Collins, CO 80522
Boulder, CO 803021
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and
hold harmless the City, its officers and employees in accordance with Colorado law, from all
damages whatsoever claimed by third parties against the City; and for the City's costs and
reasonable attorneys fees, arising out of such third party claims to the extent caused by the
Professional's negligent performance of any of the services furnished under this Agreement. The
Professional shall maintain commercial general liability insurance in the amount of $500,000
combined single limits and errors and omissions insurance in the amount of $1,000,000.00.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
according to the following schedule:
Standard Professional Services Agreement- rev03/10
2
EXHIBIT C
FEE SCHEDULE
STAFF
Rozaklis
Harding
Hannou
Peppier
Condon
Sisk
Bracchi
Flynn
Mc4mis
Lewis
Senior
Project
Project
Junior
Technical
Project
GIS
Subcontractor
POSITION
Principal
Principal
Manager
Engineer 1
Engineer 1
Writer
Administrator Specialist
Clerical II (Catalyst)* Subcontractor
HOURLY RATE
$189
$189
$130
$121
$83
$72
$63
$70
$63
$150 10% Mark -Up'
Expenses
Total
yTask�1 Coiled-histonb?endicurrenl;wateruseianil suppty":iiata"i. a=lr.�"k.. »„ ,,. "`r'r..�..� ,..
_ _ ,
�ffi k*:c�`A�r` �•r?k�`_'... � _ '1 � �,':: �_ .�.::...:`. .....,'�� � i,�O"�.P.., . :=. ."�»»...::�:;;a ;���,�;�,.
Kick-off meeting & meeting with the Planning Department
10
5
5
13
0
0
0
0
0
5
$75
$150
$6,033
Document and data review
2
0
0
8
0
0
0
0
0
0
$0
$0
$1,346
Coordination and other misc activities
2
0
0
2
0
0
0
0
0
0
$0
$0
$620
Phase Total
14
5
5
23
0
0
0
0
0
5
$75
$150
$7,999
Task 2::'Reyiew4xistirrg:policy,proyislons for'clarity; relovancerandspolerdial revisiont:%,P i.. ,. ::; Y, , .. . _; .
...- ;
. ,,:':� .:-
.�:IA" .? "l, P .,,,, ,,
V.R%1' �.. ..
Comprehensive review of City planning documents & GIS data
2
0
6
6
0
0
0
16
0
0
$0
$0
$3,004
Review of per capita water demands
2
0
0
10
0
0
0
0
0
0
$0
$0
$1,588
GIS'green cover assessment
0
0
20
2
0
0
0
65
0
0
$0
$0
$7,392
Preliminary list of policy revisions
4
4
0
6
0
0
0
0
0
0
$0
$0
$2,238
Draft supply and demand memo
2
2
5
14
0
1
0
0
0
0
$0
$0
$3,172
Meeting on draft supply & demand memo & policy revisions
5
5
5
12
0
0
0
0
0
5
$76
$150
$4,967
Draft Preliminary Policy Memo
4
2
0
12
0
1
0
0
0
5
$75
$0
$3,483
Meeting on Preliminary Policy Memo & stakeholder process (Task 4)
5
0
0
6
0
0
0
0
0
5
$75
$150
$2,646
Draft Policy Memo for stakeholder outreach effort
2
0
0
8
0
0
0
0
0
0
$0
$0
$1,346
Phase Total
26
13
36
76
0
2
0
81
0
15
$225
$300
$29,836
kTaskl3'Meviemthe City's recent: Watec.Conservation P..lanl:for consideration in the pollcy;upda/e i?, ,' ,k'i ?t -,
., a,
s
.§:, , , :, ; 'i
�� -
. „ 5 „OM
AM,,' 4' ,. :,..
„ ' 'i, ..•A.
..:': ',kr
Critical review of Water Conservation Plan
2
0
0
4
0
0
0
0
0
0
$0
$0
$862
Prepare range of adjustments to the Plan's 140 gpcd usage goal
4
5
0
14
15
0
0
0
1
0
$0
$0
$4,703
Draft Conservation Memorandum
2
0
0
8
4
2
0
0
0
0
$0
$0
$1,822
Phase Total
8
5
0
26
19
2
0
0
1
0
$0
$0
$7,387
l7rask,4:'Stakehoider?proce3s to:obtain'objective?input regarding key policy,provision8r8 . . ,,,.'; ,-... h "':1,0'� '
� a'1.ki�,'»...
„.. it . ,,. , ,n3,1
hMM2940
..,�'�" i':. . ,„ ,kl .. `i a. .. „»at " , ,,
• ,i ., ,,,
„ r"
Develop overall process schedule and logistics
2
0
0
2
0
0
0
0
0
8
$120
$0
$1,940
Draft Stakeholder Process Memorandum
2
0
0
2
0
2
0
0
0
8
$120
$0
$2,084
Interviews with potential CSG candidates
10
0
0
2
0
0
0
0
0
28
$420
$0
$6,752
Stakeholder meeting 1 (kickoff)
8
0
0
16
0
2
0
0
2
16
$240
$150
$6,508
Stakeholder meeting 2 (demand/suppty)
8
5
0
16
16
2
0
0
2
16
$240
$150
$8,781
Stakeholder meeting 3 (redenv flows, regional cooperation, etc)
8
0
0
16
0
2
0
0
2
12
$180
$150
$5,848
Stakeholder meeting 4 (policy recommendations)
8
0
0
14
0
2
0
0
2
16
$240
$150
$6,266
Presentation materials and review of minutes
4
4
0
12
4
2
0
0
0
12
$180
$0
$5,420
Phase Total
50
9
0
80
20
12
0
0
8
116
$1,740
$600
$43,599
TTask(5:iDevelop�and present sitema0ve'policy;provisionsifor;reviewand(consideration. ?`.,V�"X ,E,.*"a„,ea:�r „F4,
g, ,ff-W,,,,€r._
_
;b;:
�c:.a..„. '"�"*,. �.<�. .....:_ _ _ ? . ::"• _ :..s:`"+ m;;now
Update to Draft Policy Memorandum
8
4
0
18
0
1
0
0
0
6
$90
$0
$5,508
Meeting_ with Utilities to finalize Draft Policy Memorandum
5
6
0
5 _
0
0
0
0
0
5
$75
$150
$3,659
Phase Total
13
10
0
23
0
1
0
0
0
11
$165
$150
$9.167
Jask!6: P.,re are;final:re ort"recommendin ro- osedipolicy':revisions for; ado uonffRN; ..'iM
r .
, .,.:-, :�::.�'� '::N i �*..i•:. '�..... „"
IR,��:��..<..
.. ;', , ,a �.,:,
age
-.^ s .,. •„. r ;s,q;,:
:_.. €
Draft Policy Recommendations Report
12
3
0
28
4
4
0
0
1
4
$60
$0
$7,566
Revisions to Draft Policy Recommendations Report incorporating Utilities comments
4
0
0
8
0
0
0
0
0
0
$0
$200
$1,924
Meeting with Utilities to discuss revisions to Policy Recommendations Report
following Task 7
5
0
0
8
0
0
0
0
0
0
$0
$150
$2,063
Final Policy Recommendations Report
4
0
0
12
0
2
0
0
0
0
$0
$200
$2,552
Phase Total
25
3
0
56
4
6
0
0
1
4
$60
$550
$14,105
bTask 7: Assist -staff In presenting results=•and propossls to ihe0ater Soard,•City,Counci and',other broupsV X 'M :,
*M, , I;, *; AM 77
t j � ... F ..
-7, • ,,., ...-
�'
.. ? _:
Preparation for four meetings
8
0
0
20
0
0
0
0
0
4
$60
$0
$4,592
Attendance at four meetings
20
0
0
20
0
0
0
0
0
10
$150
$270
$8,120
Phase Total
28
0
0
40
0
0
0
0
0
14
$210
$270
$12,712
Task V,Proectma a emenl 1r 9x :! ,.; ., hfM U s
... :rr' ib
n l,. N .:< . ,:' ..'- b. • ' : , ' �.
...', ':
.. .:,
,.s;
, ,.
Monthly invoices and project status reports
4
0
0
12
0
0
12
0
0
0
$0
$100
$3,064
Administration of internal billing (Catalyst and AMEC)
2
0
0
4
0
0
3
0
0
4
$60
$100
$1,811
Phase Total
6
0
0
16
0
0
15
0
0
4
$60
$200
$4.875
Total Hours 170 45 41 340 43 23 15 81 10 169 $2,220 937
Total Cost $32,130 $8,505 $5,330 $41,140 $3,569 $1,656 $945 $5,670 $630 $25,350 $2,535 $2,220 $$129,680
This estimate includes a 10% markup for the subcontractor, Catalyst. This mark-up is itemized separately. a / eO
EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this
Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that
the City has established policies and procedures with regard to the handling of confidential
information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance of
services that the Contractor has agreed to perform, the Contractor hereby acknowledges and
agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Contractor agrees
to treat as confidential (a) all information that is owned by the City, or that relates to the business of
the City , or that is used by the City in carrying on business, and (b) all information that is
proprietary to a third party (including but not limited to customers and suppliers of the City) . The
Contractor shall not disclose any such information to any person not having a legitimate need -to -
know for purposes authorized by the City. Further, the Contractor shall not use such information to
obtain any economic or other benefit for itself, or any third party, except as specifically authorized
by the City.
The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes generally
known to the public by publication or some means other than a breach of duty of this Agreement, or
(b) is required by law, regulation or court order to be disclosed, provided that the request for such
disclosure is proper and the disclosure does not exceed that which is required. In the event of any
disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to
whom it is required to make such disclosure and shall promptly advise the City in writing of each
such disclosure.
In the event that the Contractor ceases to perform services for the City, or the City so requests for
any reason, the Contractor shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced)
thereof, in its possession or control or as to which it otherwise has access.
The Contractor understands and agrees that the City's remedies at law for a breach of the
Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
Hourly billing rates:
Reimbursable direct expenses:
Principal
$189/hour
Senior Project Manager
$130/hour
Project Engineer 1
$121/hour
Junior Engineer 1
. $83/hour
Technical Writer
$72/hour
Project Administrator
$63/hour
GIS Specialist
$70/hour
Clerical 11
$63/hour
Subcontractor (Catalyst)
$150/hour
$2,220.00
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed One Hundred Twenty Nine Thousand Six Hundred Eighty Dollars ($129,680.00).
Monthly partial payments based upon the Professional's billings and itemized statements of
reimbursable direct costs are permissible. The amounts of all such partial payments shall be
based upon the Professional's City -verified progress in completing the services to be performed
pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs.
The parties acknowledge that Catalyst, Inc. is not a party to this agreement. However, the rates
listed for services to be provided by these subcontractors shall be the rate paid by the City to
the Professional for these services. If the amount charged by these subcontractors exceed the
rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The
limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in
Exhibit "C" including subcontractor rates. Final payment shall be made following acceptance of
the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings
and other services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
Standard Professional Services Agreement- rev03/10
8. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar
base material using a non -fading process to provide for long storage and high quality reproduction.
"CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no
older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
10. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment
of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. Personal Services. It is understood that the City enters into this Agreement based
on the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. 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.
Standard Professional Services Agreement- rev03/10
4
13. 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, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days 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
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and 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.
16. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
Standard Professional Services Agreement- rev03/10
5
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
Standard Professional Services Agreement- rev03/10
6
18. Red Flags Rules. 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 one or
more of the City's covered accounts.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "U', consisting of one (1) page,
attached hereto and incorporated herein by this reference.
Standard Professional Services Agreement- rev03/10
7
THE CITY OF FORT COLLINS, COLORADO
By:
a es B. O'Neill II, CPPO, FNIGP
Direct r f Purchasing & Risk Management
DATE: �� �Z
EST:
, AU
City Clerk
APP AS TO FORM:
Assis an City Attorney
AMEC Earth & Environmental, Inc.
By:
Title: V 10 Co - uT - N V
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: / — / %- Z 0 / 0
ATTEST:
(Corporate Seal)
Corporate Secretary
Standard Professional Services Agreement- rev03/10
EXHIBIT A
SCOPE OF SERVICES
1.0 Scope of Work
We appreciate the opportunity to conduct a thorough assessment of Fort Collins' (City) Water
Supply and Demand Management Policy. The AMEC Team along with Catalyst, Inc. (Catalyst),
our public process specialist subcontractor, provides a well -integrated group of dedicated
professionals with the expertise in municipal water supply and demand management planning.
Our Consultant Team will work with Fort Collins Utilities (Utilities) to effectively provide updated
water supply and demand management policy recommendations that address the needs of the
City and public stakeholder concerns.
Our scope of work includes eight Tasks which generally follows the Task sequence laid out in
the City's original Request for Proposals. Tasks 1 through 3 include a technical review of the
City's water resources and planning documents and an assessment of water supply, demand
and conservation data. Recommendations for policy revisions will be developed and these
recommendations and results of the technical assessment will be presented during the
stakeholder process outlined in Task 4. Feedback from the stakeholder process will be
incorporated into a revised set of policy recommendations in Task 5 and a final report
containing the policy recommendations and summaries of the technical assessment and
stakeholder process will be developed in Task 6. Task 7 focuses on additional support
necessary to present the policy recommendations to the City Council, Water Board and possibly
other groups. Task 8 covers the project management activities necessary for the Consultant
Team to administer the project.
These Tasks are discussed in detail below. A Cost Estimate and Project Schedule are provided
in Section 2.0 and 3.0, respectively.
Task 1: Collect historic and current water use and supply data to help illustrate current
water demand and supply relationships
Purpose: The City has produced documents that include records of historical water uses and
demands, portrayed in various formats. The. purpose of this Task is to review and update that
information, correct for any inaccuracies, and portray that information in formats that will be
useful in subsequent Tasks and presentations.
Approach: As part of a project kick-off meeting, we will meet with Utilities staff to decide what
types of water use and supply data should be collected, how those data should be portrayed
and for what period of time. Given the timing of this project, water usage data will be updated
through at least the year 2009. We will identify sources of updated data and ways to fill
necessary data gaps. We will review relevant documents and records pertaining to raw water
diversions, deliveries and reservoir operations, treated water production and service area
population, metered uses by customer class, and contract water sales.
We will portray water use and supply data in several ways in order to illustrate key points and
allow for valid comparisons. Annual treated water volume, service area population and per
capita use (adjusted for large contract sales) will be used for determining historical trends in the