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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9147552Fort Collins Date: 12/22/2014 PURCHASE ORDER PO Number Page 9147552 1 of 2 This number must appear on all invoices, packing sli s and labels. Vendor: 102552 Ship To: COMMUNITY DEV & NEIGHBORH C S U CASHIER'S OFFICE CITY OF FORT COLLINS 6015 CAMPUS DELIVERY 281 N COLLEGE AVE 118 LORY STUDENT CENTER FORT COLLINS CO 80521 FORT COLLINS CO 80523-6015 Delivery Date: 12/22/2014 Buyer: ED BONNETTE Note: PER IGA AGREEMENT SIGNED BETWEEN CSU AND CITY OF FORT COLLINS FOR OIL & GAS AIR QUALITY SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price Oil & Gas Air Monitoring 1 LOT LS 50,000.00 Per IGA w/CSU & City City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Callum is exempt tram state and local taxes. Our Exemption Number is 98-0450I. Federal Excise Tax Exemptian (handrail, of Registry 84-6000587 is registered with the Collector of I.e.[ Revenue, Denver, Colorado (Be[ Colorado Revised Statures 1973, Chapter 39-26, 114 ftd. Goods Rejected. GOODS REJECTED due to failure m man specifications, tither when shipped or due m defect of damage in transit maybe resumed to you for credit and art not to be replaced except upon receipt of wrinen instructions from me Ciry of Fan Collins. Inspection. GOODS are subject to the City of Fort Coffm impaction on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to runs order com result in authorized payment on the Two of the City of Fort Collins. However, it is to he understood Wan FINAL ACCEPTANCE is dependent upon completion trail applicable required inspection procedures. Freight Terms. Shipment must be F.O.B., City of Fort Calms, 700 Wand Sr, Fort Collins, CO 80522, unless othawiu specified ...his order. If permission u given m prepay freight and charge separately, no original freight bill mull accompany invoice. Additional charge for Packing will not be accepted. Shipment Distance. Where manufacturers have distribuning paint in varmosto, pans of me country, shipment is expected from fie neamat distribution in, to desnirution, and excess freight will be deducted from Invoice when shipment arc made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permit, certificates and licenses acquired by all applicable laws, regulations, ordinances and rules of the state, municipality, tertiary or political subdivision where the work is performed, or raluiral by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fnnher agrees to hold the City of ran Collins harmless fmm and against all liability and loss Incurred by them by reason of an moaned or established violation of any such lows, regulations, colimnus, piles and requirements. Andmantion. All panics to this contract agree that me representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms and conditions sorted Remain set tbnh and any implemannry or additional norms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time Is of the essence. Delivery and performance most be efected within fie time sited on the purchase order and the documents marched her.. No act of the Purchasers including, without limitation, acceptance of Tema late deliveries, shall operate as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition no .,he, legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which art beyond it mawnable control and without it fault of negligence, such act of Goal, cot ofcivil or military authorities, governmental priornies,fires, strikes, flood, epidemics, wars or rims provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge fermi. In the event of any such delay, the &te of delivery slap be extended for to period equal to the time actually lost by maws afthe delay. 3. WARRANTY. The Seller warrants nor all good, articles, mmeriaLs and work wverW by Nis order will coof.— with applicable drawings, specifications, samples and/or other descriptions Given, will be fit for the purposes intended, and Imported with the highest degree of care and competence in accordance wif accepted standard for work of a similar nature. The Seller agrees m hold nhe nothuer harem. from any loss, damage or expeme which fie Purchaser may sufer m incur on account of the Sellers branch of wamaty. The Seller shall capture, Opium nuke good, without cost to fie purcM1aseq any defect m fault arising within one (I) year or within such longer period of time as may be prescribed by law or by fie moms of any applicable warranty provided by the Seller seer the date of acceptance of f<gwd fumixhad hereunder (acceptance not to be nably delayed), resuming from imperfect or defective work done or materials famished by fie Seller. Acceptance or use of good by fie Purchasr shall or continue, a waiver of any claim under this warranty. Except as whenviu provided in this purchase order, fie Sellers liability hereunder shall extend to all shortages proximately caused by the breach of any of the foregoing warranties or goarantees, but such liability shall in no event include loss of profit or loss of ase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes no legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pa.],.-, may make any to the terms, other than legal terms, including additions to or deletions, from the quantities originally ordered in the speci0cations or drawings, by verbal or written change aide,. If any such change affects the amount due or the time of perfamtance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may o any time by written change Order, terminate this agreement as to any of all portions of the good then nut shipped, stimad to any equitable adjustment between the parties as to any work ov materials then In progress provided that the Purchaser shall not be liable for any claims for anticipated profit On fie uncompleted ,onion of the goods i nllor work, for incidental or consequential damage, and that no such adjustment be made in favor of the Seller with r.,act to any Good which arc me Sellers standard stock. No such termination shall relieve the Puorhaur or On, Seller apiary oftheir obligations ar to any good delivered intonation. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the &te the change or recrimination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant dal all gaols sold hareunder dull have been prodmed, and, delivered and famished in strict compliance with all applicable laws and regulatiom m which We good arc ad jot The Seller shall execute and deliver such dooument as may be required to effect or evidence compliance. All laws and regulatona required to be incorporated in Momancnt of this character we hereby incorporated bade by this mfi tence. The Seller agrees an indemnify and hold the Purchaser hmmlcss from oil cost and damages sufered by fie Purchase as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mamfer, or convey this order, or any aromas due or to become due haemrdew without me prior wdnrn consent of the outer party. 10. TITLE. The Sella warrant full, clear and unrestricted title to the Purchaser for all equipment, materials, snd items famished in performance of this agreement, free and clear of any and all lien, resuictions, reservation, sccwry interest encumbrances and claims riparian. 11. NONWAIVER. Failure of the Purchase . insist upon strict performance of me it. and conditions hereof, failure or delay to any rights or remedies provided heroin or by law, failure to promptly notify We Seller in the event of a branch, exercise acceptance afar payment for goods hertrmder or approval afthe design, shall not telesse the Seller of any of the warranties or obligations of this pumhue order and shall not be demand is waiver of any right of the purchaser to insist upon strict performs na hereof or any of its rights an remedies as to any such goods, regardless of whey shipped, received or accepted, as many prior or subsequent default hereunder, war shall any purported and modifwtion of rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser racognice Out in actual ...in practice, overcharges resulting from I. violatiom are in fact tameTh by the Purchaser. eremfore, for ugood cause and. consideration for executing this purchase order, the Seller hereby aasigm to Ore Purchaser any and all claims it may now have or hammer acquired under federal or sate antitrust laws for such overcharges relating an We particular goods or services Purchased or acquired by the Purchmer pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchase directs the Seller to comaet nonconforming or defective good by a dte to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indirmou its inability or unwillingness to comply, me Purchaser may cause the work to be praformM by the most expeditious mean available to it, and the Seller shall pay all costs esaciated with such work. The Sella shall rcleme the Purchaser and it contractors of any her from all liability and claims of any nature resulting from the performance ofauch work. This release shall apply even in the event of fault of negligence of me party released and shall extend to fe directors, olEcers and employees of such Troy. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is Ferformerl or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by loner, plan', trademark r copyright, fie Seller shall indemnify and save humorless the Purchaser fmm any and all claims for infringement by reason of the use of such parented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense m damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alder the completion of the work. In mu said equipment, or any pan thereof or the intended use of the good, is a such suit held to constimtc infringement and fe use of said equipment or pan is enjoined, the Seller shall, at it two expense and at it option, either procure for fie Pmchoner the right to continue using said equipment or Focus, replace, me same with substantially equal but noninfringing equipment, or modify it w it becomes connotation, IS. INSOLVENCY. If fe Seller shall become insolvent or baul:rupl, nuke an acsignim nt for We benefil of caedmrs, aRatim a receiver or ouster, for my of the Sellers property or business, this ender may foMwi ca be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitiom of temu used or the imerymatian of the agreement and We right of all parties hereunder shall be command under and governed by the laws ofnhe State ofColomdo, USA. The following Additional Cauddiam apply only m taus where the Seller is no pert work hereunder, including the services of Sellers Represensadve(a), can the premises ofoWers. IT. SELLERS RESPONSIBILITY. The Seller shall tarty on said work st Sellars own ,it it the same is fully completed and accepted, and shall, in One, of any accident, destruction or injury to me work arxAr materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are f mished by others for imallamar or ematim by us, Sella, me Seller shall receive, uvland, store and handle same to the site and became responsible therefor as though such mmeaiat amilm equipment were being Wmishnd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, amVor to their dependents in accordance with the laws of fie state in which the work is to be done. The Seller shall also racy, comprehensive general liability including, but not limited to, command and automobile public liability insurance with bodily injury and death limits of at last S300,000 for any one person, $500,000 for any one accident red property damage limit per accident of $400,000, The Sella shall likewise require his contmdors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contemns employees shall do any work upon the premises of others, the Seller shall famish fie Purchaser with a certificate that such compensation and insurance have been Toroidal. Such cenificates shall specify the data when such ompma rdim and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and scecpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie entire responaibility and liability for any and all damage, Insv or injury of any kind or nature whosoever m persona or property mood by m resulting from fe execution off, work provided for in this Panama order or in connection herewith. The Seller will irdeardly and hold harmless the Purchaser and any a all of the Purchasers ofictra. agents and employees f and against any and all claims, loses, &mug«, charges or expenses, whether dircn or initiated, and whether to Peron or progeny to which the Purchaer may be put at subject by reason of any act, action, millers, omission m default on the part of the Seller, any of his connectors, or any of We Sellers or contractors officers, agents or employees. In case any suit err other poceedings audit he brought against the Pmchxser, or it officers, agent or employees at any time on account or by reawn of any act, ection, neglect, coissioa or default of We Seller of any of his con.a. or any of it or their officers, agent or employees m aforesaid, the Seller hereby agrees to assume no defense thereof and to defend and same an the Sellers own expense,. pay any and all cost, charge, aoomrys f and other expenses, any and all judgment that may be incurred by or oblamed against the Purchaser or any of it or Weu of in rs, agent or employers in such suit or other prom uffirp, and in case judgment or other lim be placed upon or obmimd against the proper, of me Purchaser, or said parties is or as a result ofsuch suit a other proceedings, me Seller will at once cause the mac m be dissolved and dischargM by giving bond or otherwise. The Seller and his waracmrs shall sake all safety precautions, f ish and install all pound necessary for the prevention of accident, comply wit all laws and nuiladom with regard m safety including, but mention limitation, the Ouupmioaal Safety and Health Act of 1970 and all roles and m,ulwom Issued pursuant thereto. Revised 07aO14 INTER -GOVERNMENTAL 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 THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY ON BEHALF OF THE DEPARTMENT OF ATMOSPHERIC SCIENCE, hereinafter referred to as "University" or 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 University agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of NINE (9) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiatedwithin five (5) days following execution of this Agreement. Services shall be completed no later than December 31, 2015. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect until December 31, 2015, unless sooner terminated as herein provided. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the University must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, either party may terminate this Agreement at any time without cause by providing written notice of termination to the University. Such notice shall be delivered at least fifteen (15) days prior to the 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: City: Copy to: University: City of Fort Collins City of Fort Collins Office of Sponsored Programs Attn: Purchasing — Gerry Paul Attn: Environmental Services Colorado State University PO Box 580 Dept. — Melissa Hovey Attn. Vincent A. Bogdanski Fort Collins, CO 80522 PO Box 580 2002 Campus Delivery Fort Collins, CO 80522 Fort Collins, CO 80523-2002 In the event of early termination by the City, the University shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the University's obligations under this Agreement. Such payment shall be the University's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the University for the performance of this Contract, subject to additions and deletions provided herein, fifty thousand dollars ($50,000) as per the attached Exhibit A - Payments shall be in four equal parts of twelve thousand five hundred dollars ($12,500) on March 31, 2105, June 30, 2015, September 30, 2015 and December 31, 2015 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by University are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of University's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. 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. 10. Acceptance Not Waiver. 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 or cause of action arising out of performance of this Agreement. 11. 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 thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (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. Each party will be responsible for their own legal fees in the event of actions taken under this clause. 13. 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. 14. Indemnity/Insurance. Colorado State University shall be responsible to the fullest extent allowed under the law for its own negligence and the negligence of its employees and authorized volunteers acting within the scope of their actual authority. It is expressly understood and agreed that nothing contained in this Agreement shall be construed as an express or implied waiver by the University of governmental and sovereign immunities, as an express or implied acceptance by the University of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under Colorado Government Immunity Act, C.R.S. 24-10-101 et seq., as a pledge of the full faith and credit of the State of Colorado, or as the assumption of any of the parties of a debt, contractor liability of each other in violation of Article XI, Section 1 of the Constitution of Colorado. The University is liable for breach of contract in the same manner as any private party would be under Colorado law under the same or similar circumstances. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year shown. CITY OF FORT COLLINS, COLORADO a municipal corporatio Darin Atteberry G.��•oF r0n City Manager Is Date: : v, D� O ATTEST: q4tt-d�z'; { City Clerk ROVED A TO OEM: As istant City Attorney THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM Acting by and through Colorado State University: By: Date: Id- 31 — I Douglas Leavell Director, Sponsored Programs Services Agreement Page 5 of 13 EXHIBIT A AIR QUALITY CONSULTATION AND TECHNICAL SERVICES SCOPE OF SERVICES The City of Fort Collins (City) is requesting a proposal from Colorado State University, Department of Atmospheric Science to provide technical services related to oil and gas development and its impact on Fort Collins' air quality. The purpose of gathering data to assess air quality impacts from oil and gas development, is to inform the City's future land use decisions, guide its strategic planning, and respond to citizen concerns and inquiries. The City is requesting technical assistance in developing and designing a study that will inform the following objectives: • Characterize existing air quality conditions within Fort Collins city limits, the growth management area, or on City owned lands that have the potential for future oil and gas development or to be significantly impacted by future development by characterizing baseline concentrations of air pollutants typically associated with oil and gas development and ozone formation. o Locations and number of baseline analysis sites, final selection of pollutants of concern, and methodologies based on available funds and priorities as determined during study design. • Characterize typical oil and gas emissions from extraction and production processes at well sites that are representative of potential future oil and gas development in the Fort Collins growth management area or City lands. o Representative well sites will be determined using current and readily available geologic assessment data for oil and gas potential as provided by United States Geologic Survey, Colorado State University, the City, and other sources o Extraction and production emissions data to be leveraged from the North Front Range Oil and Gas Emissions and Dispersion Study (NFROGEDS). A proportion of the funds for this proposal will be to support emissions sampling and monitoring at representative sites in the NFROGEDS. • Determine potential future air quality impacts within Fort Collins and at sensitive receptors using dispersion modeling tools. o This may include multiple modeling scenarios to reflect various rates of development, number of wells, and well locations and numbers. o Size and resolution of modeling grid, meteorological data, and other model input parameters to be determined during study design. Services Agreement Page 6 of 13 Period of Performance and Not to Exceed Cost The period of performance for this proposal will be December 1, 2014 — December 31, 2015, The Inter -government Agreement will include a not to exceed amount of fifty thousand dollars ($50,000) Please submit proposal by Nov. 26, 2014 5:OOpm to: E-mail: mhoveygfcgov.com Mail: City of Fort Collins Environmental Services Dept, 215 N. Mason St. Fort Collins, CO 80522 c/o Melissa Hovey Questions concerning the scope of the project should be directed to Melissa Hovey at (970) 221- 6813 or mhovey@fcgov.com Services Agreement Page 7 of 13 Monitoring of current air quality and oil and gas emissions relevant to Ft. Collins a proposal from Colorado State University Prof. Jeffrey L. Collett, Jr., PI (collett@atmos.colostate.edu) Dr. Arsineh Hecobian, co -PI (arsineh@engr.colostate.edu) Project period: 12/1/2014—12/31/2015 Project Budget: $50,000 November 25, 2014 1. Introduction Recent and ongoing technological improvements, including directional drilling and hydraulic fracturing, have led to rapid growth in development of oil and gas production in the North Front Range of Colorado. This development, sometimes in proximity to residential areas, has raised public concern about potential impacts on air quality. Possible local to regional scale impacts include exposure of residents to air toxics and increased ozone production. Citizens of Fort Collins have expressed concern about local oil and gas development. While current oil and gas production in the city is limited, areas of possible future development exist and emissions from ongoing development outside the city already impact Fort Collins air quality, at least episodically. In order to evaluate potential impacts of air emissions from oil and gas development in the city, it is first necessary to determine baseline conditions in the city, characterize emissions from oil and gas production activities similar to those that might be expected in future Fort Collins oil and gas development, and model the impacts of likely emissions from various future activity scenarios. This project is designed to address these three topics. A general approach to be used is outlined here, but flexibility in details of the study design remains to permit the exact approach to be coordinated with priorities of city officials. The overall objective of the study is to yield information that can be used by the city to inform future land use decisions, guide strategic planning, and respond to citizen concerns and inquiries. 2. Study approach The study will include three components: (1) determination of baseline air quality conditions in Fort Collins, especially in the region of most likely future oil and gas development, (2) characterization of emissions from oil and gas production activities similar to those that might be utilized in the future within the city, and (3) simulation of the air quality impacts of possible future oil and gas development within the city, within the city's growth management area, or on city owned lands. 2.1 Baseline air quality conditions Services Agreement Page 8 of 13 A variety of pollutants are released to the atmosphere as part of oil and gas well development and production. Included are the so-called BTEX compounds (benzene, toluene, ethylbenzene, and xylenes), along with a wide variety of other volatile hydrocarbons. Together with methane, these compounds comprise a complex mix of volatile organic compounds (VOC). Many of these VOCs have a variety of sources in addition to oil and gas production; these can include vehicles, industries, and other activities common in urban areas. The city recently completed a study using canister sampling of VOCs in regions adjacent to current oil production and other locations in the city. These measurements, along with other VOC measurements previously completed by the state of Colorado and Colorado State University (CSU), will provide useful' background with respect to spatial variations of VOC speciation and concentration levels across the city. In consultation with city officials, CSU will then design and conduct additional measurements of speciated VOCs using one or more measurement techniques described below. These measurements will focus especially on regions identified by the city as likely regions of future oil and gas development. Monitoring of VOC speciation and concentrations will be conducted using one or more of three methods. Collection of VOCs by automated VOC canister samplers, followed by off line chemical analysis, provides an opportunity for convenient monitoring of VOC speciation and concentrations at a variety of locations. CSU is equipped with VOC sampling canisters and with three lab -based gas chromatography (GCs) set up to analyze a wide variety of VOCs. These include BTEX and other air toxics, alkanes that are important signatures of oil and gas emissions, and other ozone precursors. Stainless steel canisters, internally coated with an inert compound (silonite), are cleaned and evacuated to collect ambient samples. Each canister can be deployed manually or activated using a remote triggering system. On-line monitoring of VOCs by proton transfer reaction mass spectrometry (PTR-MS). VOCs with proton affinities larger than water (such as BTEX, other aromatics, aldehydes, and ketones) are detected in ambient air at a time resolution better than 1 minute. This method provides the best time resolution, but measures fewer VOCs than GC -based techniques. • Online monitoring of VOCs by gas chromatography. An online, auto -GC system with flame ionization and electron capture detection capabilities can be deployed for hourly measurements of speciated VOCs, including BTEX, a wide range of alkanes and other hydrocarbons, and more. For each sample, ambient air is sampled and cryo-concentrated for 15 minutes and then the concentrated sample is analyzed over a period of 45 minutes. Although the exact baseline monitoring study design will be finalized in consultation with city officials, we anticipate a period of approximately 2-3 weeks of online VOC measurement with the PTR-MS or auto -GC coupled with additional sampling using canisters. Deployment of the VOC canisters is straightforward. Monitoring with the PTR-MS or auto -GC will require deployment in a shelter (CSU has an air sampling trailer available for this use), along with landowner permission and installation of power. The canister samples can provide longer term measurements of baseline VOC concentrations in areas of interest as well as convenient measurement of spatial differences in VOC speciation and concentrations. The online measurements provide more information about how concentrations change as a function of time. In particular they will be used to examine how concentrations vary under periods of influence Services Agreement Page 9 of 13 from different source types and regions. By examining how VOC concentrations vary with local transport patterns, we can separate influences from the Fort Collins urban area from those associated with regions of oil and gas development to the south and east. This source apportionment will be further aided by the use of VOC marker species. For example, oil and gas production yields a ratio of two pentane isomers that differs significantly from urban emissions. These different source signatures can be used to estimate time -varying air quality impacts from urban vs. oil and gas sources. 2.2 Monitoring of oil and gas production emissions Any future development of oil and gas production in Fort Collins is likely to look quite different from the older oil wells that currently exist in the city. Most new oil and gas development on the Front Range includes extraction from the Niobrara Shale Formation with new wells developed using horizontal drilling and hydraulic fracturing techniques. Recent regulations and technology advances have also been designed to help limit methane and other VOC emissions during long-term production from the well. CSU is currently leading the North Front Range Oil and Gas Air Pollutant Emission and Dispersion Study (NFROGAPEDS). The primary objectives of this study include measurement of air toxics and ozone precursor emissions from new well development, oil and gas production, and a variety of other related activities. The primary approach involves the release of a gaseous tracer (e.g., acetylene or nitrous oxide) from the source accompanied by downwind measurements of the ambient concentration ratios of methane and individual VOCs to the tracer. The ratio of background -corrected VOC/tracer concentrations in the downwind plume is equal to their emissions ratio. Since the tracer emission rate is known, the VOC emission rate is readily determined from this relationship. Once emission fluxes have been quantified, a dispersion model can be used to predict the trajectory and concentration maps of VOCs in the downwind plume as a function of meteorology. The methods used in this study mirror those used in a companion study of oil and gas emissions during new well development in Garfield County, Colorado. Funding received from Fort Collins via this proposal will augment the number of oil and gas production operations for which emissions are characterized in NFROGAPEDS. The focus on monitoring production emissions will best help assess possible future long-term emissions in Fort Collins; emissions during "fracking" and other stages of new well development are much more limited in duration. In particular, we will add a production site that will reflect likely emissions for future oil and gas development in Fort Collins. Factors to be considered in selecting this location will include proximity to Fort Collins, similarity of the geologic resource and drilling depths, and use of modern (generation 5) production equipment designed to yield reduced VOC emissions. Fort Collins will be publicly identified as a study sponsor and partner for NFROGAPEDS and the emissions measurements funded through this agreement will become part of the NFROGAPEDS dataset to be released publicly at the end of that study. 2.3 Determining future air quality impacts in Fort Collins via dispersion modeling CSU is currently using AERMOD, a commonly used and EPA recommended dispersion model, to predict dispersion of emissions from oil and gas activities on the north Front Range. As part of NFROGAPEDS and the parallel study in Garfield County, CSU is evaluating the ability of AERMOD to accurately represent VOC dispersion downwind of oil and gas development and production activities. AERMOD provides a convenient tool to examine possible future impacts of oil and gas development in or near Fort Collins on Services Agreement Page 10of13 Fort Collins air quality. The model is designed to work with local terrain and observed meteorology to transport and disperse emissions from existing and hypothesized sources. In this project, CSU will use AERMOD, along with the best available estimates of VOC emissions from North Front Range oil and gas production, to predict impacts of future oil and gas production in or near Fort Collins on city air quality. Findings from the baseline air quality modeling study will be used as existing background and emissions from new, hypothetical wells will be added. Changes in predicted VOC concentrations will be mapped across the city. CSU will consult with city officials on the exact design of the simulations. Factors to be considered include the numbers and location of hypothetical new wells, the time period of the simulation, and the receptor locations of most interest. Simulations will be run for time periods where baseline VOC concentration data are available, but can also be extended to include time periods throughout a typical year with some assumptions about background VOC concentrations. The focus of the AERMOD simulations will be on inert VOCs, including BTEX and other air toxics. Simulation of impacts on production of ozone, an important secondary pollutant of interest to Fort Collins, will require future use of a chemical transport model. 3. Project team The project will be led by Dr. Jeffrey L. Collett, Jr., Professor and Head of the CSU Department of Atmospheric Science. Dr. Collett, an expert in atmospheric chemistry and air quality, will oversee all project operations. Dr. Arsineh Hecobian, who works closely with Dr. Collett on the Front Range and Garfield county studies, will serve as project co -PI. She will oversee day to day activities during the study and assist Dr. Collett in project reporting. Dr. Hecobian will be assisted by other research scientists in the Collett research group, who will help with field measurements. A CSU graduate student will work with Dr. Hecobian and Prof. Collett to conduct the AERMOD dispersion simulations. 4. Project timeline and deliverables The project is slated to begin in December 2014 and continue through December 31, 2015. During the first months of the study, CSU will review available baseline VOC concentration information for Fort Collins and work with city officials to finalize the design of the planned measurements. Continuous VOC measurements will be planned for summer or autumn 2015. Emission characterization measurements will be conducted in spring or summer 2015, depending on site availability and pending site access arrangements with the relevant operator. AERMOD dispersion modeling will be conducted in autumn 2015. CSU will report project findings to the city in December 2015, to include results from the baseline monitoring studies and findings from the dispersion model simulations. Findings from the production emissions monitoring will be reported together with the full NFROGAPEDS emissions dataset at the conclusion of that study (currently slated for June 2016). Budget: Services Agreement Page 11 of 13 Budget Justification: Personnel Jeff Collett — Prof. Collett will be responsible for the planning and oversight of the project, which is estimated to be .125 person months (PM) during the monitoring period. He will supervise the work of the Research Scientist and graduate student. Research Scientist I — Research Scientists with Colorado State University will spend 4 PM on the project during the measurement period. The Research Scientists will conduct field monitoring of ambient VOC concentrations in Fort Collins, measure VOC emissions from oil and gas production, oversee the planned AerMod modeling, and work with Prof. Collett on project reporting. Graduate Student — A TBD graduate student will spend 1 PM on the project, conducting AerMod simulations of the impact of emissions from possible future Fort Collins oil and gas wells on local air quality. Services Agreement Page 12 of 13 Fringe Fringe benefits for senior personnel cover Medicare, unemployment insurance, worker's compensation, Defined Contribution Plan, and Benefit Pay, excluding sick leave. The estimated rate is 25.65% of salary for senior personnel and 8.11% for students. Supplies and Equipment Maintenance Funds are included to support the installation, operation, and maintenance of the VOC measurement equipment planned for use in the study. These include hardware and tools for sampler installation; calibration gases, regulators, and flow controllers for calibration; and data storage devices/media for instrument operation and data -logging and archival. Funds are also requested for installation of a power supply at the field site for continuous VOC measurement. Travel It is estimated that the TBD Research Scientist will travel a total of 500 miles to/from the air quality and emissions monitoring sites during the project period. The current mileage rate for the Atmospheric Science Department vehicle is $.50/mile. Computer ATS Computer charges of $37/person month are for department Ethernet connections. The computer service charge is a rate developed using Section J-47 (Specialized Service Facility) of OMB Circular A-21 and Colorado State University's internal policy for computing, charging and auditing such Service. Indirect - The approved CSU indirect cost rate for other sponsored activities is 31.1%. The rate is approved in a letter dated July 22, 2013 from the Department of Health and Human Services, Division of Cost Allocation, 415-437-7820. This agreement allows for an indirect charge to be applied to a modified base rate, computed by adjusting total direct costs to exclude tuition, equipment, and sub -awards over $25,000. Services Agreement Page 13 of 13 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE 12/3 M/2014 Y) 12/31/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-303-534-4567 IMA, Inc. - Colorado Division CONTACT NAME: PHONE FAX A/C No Ext : A/C No): E-MAIL den am@imacor com ADDRESS: P P• 1705 17th Street Suite 100 Denver, CO 80202 INSURERS AFFORDING COVERAGE NAfC # INSURER A: STARR IND & LIAB CO 38318 INSURED Colorado State University Office of Risk Management & Insurance INSURER B: SAFETY NATL CAS CORP 15105 INSURERC: TRAVELERS PROP CAS CO OF AMER 25674 INSURERD: 141 Gen'l Sery Bldg -Campus Del 6002 INSURERE: Fort Collins, CO 80523-6021 INSURER F COVERAGES CERTIFICATE NUMBER: 42646354 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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