HomeMy WebLinkAboutCORRESPONDENCE - RFP - 8887 BACTERIOLOGICAL WATER QUALITY MONITORING STUDYOfficial Purchasing Document
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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 WRIGHT WATER ENGINEERS, INC., hereinafter referred to as
"Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with the
scope of services for RFP 8887 Bacteriological Water Quality Monitoring Study attached
hereto as Exhibit A, consisting of six (6) pages and incorporated herein by this reference.
Irrespective of references in Exhibit A to certain named third parties, Service Provider shall
be solely responsible for performance of all duties hereunder.
2. Contract Period. This Agreement shall commence May 6, 2019 and shall continue in full
force and effect until May 5, 2020, 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. Written notice of renewal shall be provided to
the Service Provider and mailed no later than thirty (30) days prior to contract end.
3. 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 Service Provider must
provide written notice to the City of such condition within fifteen (15) days from the onset of
such condition.
4. Early Termination by City/Notice. 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 Service Provider. 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:
Service Provider: City: Copy to:
Wright Water Engineers, Inc.
Attn: Jane Clary
2490 W. 26th Ave., Ste. 100A
Denver, CO 80211
City of Fort Collins
Attn: Susan Strong
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
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Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, per the attached Exhibit B, consisting of
three (3) pages, and incorporated herein by this reference.
6. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by City
Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186,
and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to
continue this Agreement in any fiscal year for which no such supporting appropriation has
been made.
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 Service Provider 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 Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or
for any other purpose.
9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
10. 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.
11. 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
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the City under this Agreement or cause of action arising out of performance of this
Agreement.
12. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after
final acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the affected item or
part thereof shall be redesigned, repaired or replaced by Service Provider in a manner
and at a time acceptable to City.
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 thereof.
14. 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. 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. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection
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with the performance of any service hereunder.
b. 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 of the type and with the limits specified within Exhibit C, consisting
of one (1) page, attached hereto and incorporated herein by this reference. The Service
Provider before commencing services hereunder, shall deliver to the City's Purchasing
Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate
evidencing the insurance coverage required from an insurance company acceptable to
the City.
17. 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.
18. 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.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider 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 “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. Service Provider 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. Service Provider 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.
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d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. Service Provider 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.
f. If Service Provider 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, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
20. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of three (3)
pages, and Exhibit E – Fort Collins Expense Guidelines, consisting of two (2) pages,
attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
WRIGHT WATER ENGINEERS, INC.
By:
Printed: Jane Clary
Title:
Date:
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Vice President
5/8/2019
Assistant City Attorney ll
5/9/2019
City Clerk
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EXHIBIT A
SCOPE OF SERVICES
Scope of Work
WWE is proposing to conduct a two-year study to evaluate potential sources of Escherichia coli
(E. coli) in urban streams in the City of Fort Collins (City), actively engage in the E. coli Total
Maximum Daily Load (TMDL) process, and identify best management practices (BMPs) to reduce
E. coli concentrations and improve water quality in the City.
A. Services Proposed
The Project Team will work with City staff to accomplish the following tasks.
Task 1. Evaluate Existing Data and Identify Areas of Concern
The first step in addressing recreational water quality impairments is to develop an inventory
of relevant existing data and information pertinent to the E. coli impairment listings. This step
not only helps to formulate hypotheses about existing sources, but it also helps to verify the
impairment listings and avoid duplicating previous research. The Project Team will evaluate
existing data to formulate hypotheses and bracket primary areas of concern for E. coli
sources, including those with high human health risk and human-related sources. Examples
of data types that we would envision collecting and compiling for desk-top analysis early in
the process include:
• Existing water quality data sets, including both fecal indicator bacteria and other
available physical chemical parameters. These data sets may include monitoring
conducting by the City, North Water Conservancy District, the Water Quality Control
Division (WQCD), Colorado State University (CSU), Colorado Parks & Wildlife, U.S.
Geological Survey (USGS), In-Situ, Inc., Boxelder Sanitation District, RiverWatch and
other sources accessible through the Water Quality Data Portal
(https://www.waterqualitydata.us/).
• Stream gauge data.
• Storm drainage master plans/outfall system plans that characterize basin hydrology.
• Ditch diversions and reservoir releases and other water management related to water
rights, as may be accessible from the Colorado Division of Water Resources.
• Wastewater treatment plant discharge monitoring reports (DMRs) and discharge
volumes.
• Previous special studies.
• Existing structural BMP locations and types (ideally provided in GIS).
• Annual Municipal Separate Storm Sewer System (MS4) reports and program
description document (PDD) describing actions that the City has taken and has
planned that can help reduce E. coli loads.
• Results of existing dry weather storm drain outfall sampling and Illicit Discharge
Detection and Elimination (IDDE) activities.
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• Storm drain and sanitary mapping in GIS to look for areas where storm/sanitary
proximity could contribute to storm sewer interception of exfiltrated sanitary flows.
• Septic system mapping and risk assessments.
• Land use information.
• Known locations of potential sources such as agricultural areas, hobby farms, dog
parks, etc.
• Known areas of transient encampments and/or illegal camping where sanitary
facilities are not accessible.
A key part of this initial step will also include interviewing key City staff involved in stormwater
management, sanitary utilities, parks, and other relevant services. This information will be
compiled to “tell the story” of conditions in each basin of interest to the City. Through
experiences on similar projects, we have found that simply synthesizing this information into
one consolidated document is valuable for formulating source hypotheses and refining
sampling plans. The deliverable for this task will be a report summarizing existing conditions
by basin of concern. Where sufficient data exist, spatial and temporal trend analysis will be
conducted, along with correlation analysis related to factors that may help to explain trends
and potential sources of E. coli loading.
A limiting factor anticipated for this analysis is the spatial and temporal frequency of historic
sampling in the study area. The currently applicable 303(d) listing methodology utilized by the
WQCD assesses attainment of standards on the basis of a rolling 61-day geometric mean E.
coli value, ideally based on five or more samples in that 61-day period. Thus, quarterly or even
monthly sampling does not meet the WQCD’s current expectations for listing or delisting of
stream segments from the 303(d) List.
Task 1 Deliverable: Summary report of desktop analysis and hypotheses on areas of
concern and most impacted stream reaches, including determination whether additional
data are needed to identify sources.
Task 2. Identify additional Data needs and Collect Additional data
Based on the results of Task 1, Task 2 will focus on identifying additional data needs and
preparing a plan to obtain additional data to develop a better understanding of bacteria
sources. Task 2 is anticipated to focus on traditional (lower cost) fecal indicator bacteria
sampling for E. coli to resolve spatial and temporal data gaps instream, with priority on
summer recreational months, and potentially dry weather screening of stormwater outfalls if
recent IDDE efforts by the City have not done so. Recommended monitoring will focus on the
most impacted stream reaches, potential sanitary sources of E. coli, and refinement of initial
hypotheses related to contamination sources.
Based on the sampling plan, WWE will work with the City to implement the sampling program
and interpret sample results. The sampling program will be developed in consultation with the
City, based on budget constraints. (Note: although not explicitly discussed in the
proposal,WWE would be willing to work with CSU students already involved with the City’s
sampling program to implement the sampling plan if desired by the City.)
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Task 2a Deliverable: Sampling plan to obtain supplemental data to refine understanding
of the spatial extent of stream reaches with elevated E. coli.
Task 2b Deliverable: Summary report combining the results of Tasks 1 and 2 and
preliminarily identifying areas where potential sanitary sources are either identified or
suspected (and in need of additional investigation) within prioritized stream reaches.
Task 3. Microbial Source Tracking with Molecular Methods
The primary goal of microbial source tracking (MST) is to understand the sources of bacteria
loading so that communities can prioritize sources with highest potential human health risk
and effectively target mitigation of those sources. Microbial source tracking includes a suite of
investigative tools, which may or may not include application of molecular methods to identify
sources. Analysis for human DNA markers can help to definitively determine whether human
sources of fecal indicator bacteria are contributing to elevated E. coli. Analysis for these
markers is expensive, so it is important to clearly define the objectives for such analyses and
have sound experimental design for such sampling programs. Although the laboratory
analysis is expensive, an advantage of such sampling is that it can quickly provide reliable
answers as to whether human sources are present relative to other approaches that may be
more labor intensive with less certain outcomes.
As a result of work completed by the U.S. Environmental Protection Agency (EPA) to support
its update of the 2012 Recreational Water Quality Criteria, it is commonly recognized that
control of human sources of fecal indicator bacteria is typically highest priority in urban areas
due to higher human health risk from these sources. Additionally, the City may have greater
control over human sources than natural sources like birds. Where lower cost traditional
analytical methods and investigations are insufficient to identify sources of bacteria, it may be
appropriate to use molecular methods to detect and quantify fecal associated human gene
biomarkers (e.g., HF183) using droplet digital Polymerase Chain Reaction (ddPCR) DNA
analytical technology. Markers for animals such as birds, dogs, cattle, beavers and others
may also be relevant, but the most cost-effective approach for application of molecular
methods begins with human markers.
Based on previous experience applying and evaluating MST monitoring data in Colorado and
nationally, our Project Team recommends that such monitoring be applied primarily at storm
drain outfalls with elevated E. coli and that several rounds of sampling be conducted at each
location to ensure representative and reliable sampling results. Due to the high cost of MST,
we recommend sampling for human DNA markers first, but having the analytical lab freeze
and store the sample in case additional sample analyses for non-human markers such as
birds are desired later. Once storm drains and tributary sources of human FIB are eliminated,
then instream use of MST may be useful, primarily at sites above wastewater treatment plant
(WWTP) discharges. For sites below WWTP effluent, instream use of molecular methods may
be confounded by elevated levels of human DNA in disinfected wastewater.
Task 3a Deliverable: Sampling plan with clearly defined objectives.
Task 3b Deliverable: Technical memorandum summarizing and interpreting sample
results.
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Task 4. Develop E. coli Control Strategy Based on Data Analysis
Based on Tasks 1 through 3, the Project Team will provide recommendations for reducing E.
coli loading to the stream, regardless of whether a TMDL has been formally completed during
the study period. Based on experience on other projects, this control strategy is envisioned to
focus first on dry weather human-related sources and available source controls in urban
areas. Recommendations for addressing sources such as pets, hobby farms, and agricultural
sources will also be included.
General recommendations will also be provided related to structural controls during wet
weather conditions. Because the City already requires implementation of low impact
development (LID) for new developments and redevelopments, the City is anticipated to
already be “on the right track” in terms of wet weather mitigation. For example,
bioretention/rain gardens are one of the more promising structural stormwater control
measures for reducing E. coli loads by reducing concentrations and runoff volumes. Other
practices that disconnect impervious area and allow infiltration of runoff can also help to
reduce E. coli loads. As part of Task 4, the Project Team can work with the City to generally
identify existing portions of the City that may be underserved by stormwater quality control
measures and preliminarily prioritize areas where retrofits could be feasible and could be
considered in the future. Available drainage basin and sub-basin mapping in existing storm
drainage master plans can be useful to generally prioritize areas of concern that should be
prioritized for structural and non-structural control measure implementation. Additionally, the
Project Team can provide a science-based discussion of the expected performance of various
BMP types for E. coli utilizing the Project Team’s experience with the International Stormwater
BMP Database.
To the extent feasible, recommendations for this control strategy will be tied to analysis of
available data in various basins, with highest priority focused on areas believed to pose the
greatest human health risk, both in terms of potential sources and frequency of human contact
for recreation (e.g., tubing, kayaking, swimming areas).
Task 4 Deliverable: A plan for implementation and prioritization of strategies to control
the identified sources of E. coli.
Task 5. Engage in TMDL Process and Participation in Stakeholder Meetings
Based on WWE’s recent experience working on the Big Dry Creek E. coli TMDL, WWE agrees
that it is essential to work collaboratively with the WQCD in the TMDL development process.
This process begins by making sure that representative water quality and hydrologic data are
at the core of the TMDL process and that nuances related to stream hydrology are considered,
along with seasonal and spatial trends related to the data set. Once technical information has
been exchanged, the next step is to provide feedback and review to WQCD staff as this
information is incorporated into the TMDL. For example, should a regulatory stream segment
be divided into several separate reaches based on differing instream conditions? Are there
portions of impaired stream segments that are in attainment and that should be excluded from
the TMDL? Are flow conditions in each stream segment appropriately represented as part of
load duration curve calculations? Are the wasteload and load allocations reasonably reflective
of real-world conditions? Do conditions in the draft TMDL restrict options for compliance and
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solutions into the future? Do the draft TMDL conditions maintain adequate flexibility in terms
of administration of the City’s stormwater MS4 permit?
Once a draft TMDL has been formally released for public comment by the WQCD, it is
important for the City to provide written comments for any concerns that may remain. An
important aspect of a final TMDL is not only technical accuracy but adequate flexibility to
enable implementation of the TMDL in a manner that is most constructive to reducing E. coli
to the stream, protecting public health, and not unnecessarily constraining the City’s options
for future implementation strategies.
Task 5 Deliverable: Participate in approximately six stakeholder meetings related to
TMDL development and support the City in transferring relevant water quality, hydrologic
data, and other relevant data to the WQCD.1
B. Project Management
WWE staff managing this project will be Jane Clary, serving as Project Manager (WWE’s
Denver office), and Dr. Chris Olson, P.E., serving as lead engineer, based in Fort Collins. The
combination of Jane’s experience with E. coli investigations and Colorado’s water-related
regulatory programs related to stream standards permits and TMDLs, and Dr. Olson’s in-depth
knowledge of local hydrologic and water quality conditions in Fort Collins, will provide a lean,
uniquely qualified local team to support the City’s objectives for this project. Additionally, to
bring the latest national perspective on MST studies, Brandon Steets, P.E., and Dr. Jared
Ervin of Geosyntec Consultants (Santa Barbara) will serve as subject matter experts and peer
reviewers on this project. WWE and Geosyntec staff have worked together for over 20 years,
including on bacteria-related projects in Colorado and as part of national work for the Water
Research Foundation, among others.
C. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Vendor each month following
the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order
number, task description, hours worked, personnel/work type category, hourly rate for each
employee/work type category, date of the work performed specific to the task, percentage of
that work that has been completed by task, 3rd party supporting documentation with the
same detail and a brief progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the event
a service is requested which is not listed on the Price Schedule, the Vendor and the City will
negotiate an appropriate unit price for the service prior to Consultant initiating such work.
The City pays invoices on Net 30 terms.
1 WWE’s experience in Colorado is that TMDL schedules may be prolonged beyond the initially communicated
schedule for completion. The Task 5 scope of work may need to be adjusted, depending on the actual TMDL
progress.
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Draft Schedule and Tasks for Fort Col
May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20
1
Evaluate Existing Data and
Identify Areas of Concern
Obtain Existing Data from City
and Identify Additional Data
Needs
Existing Data Analysis
Report on Existing Data
Analysis Results
2
Identify Additional Data Needs
and Collect Additional Data
Develop a Supplemental E. coli
Sampling Plan
Implement a Supplemental E.
coli Sampling Plan
Technical Memo of Task 1 and 2
Results and Recommendations
for Task 3 Investigations
3
Microbial Source Tracking
(MST) with Molecular Methods
Develop a MST Sampling Plan
Implement a MST Sampling
Plan
Technical Memo Summarizing
MST Results
4
Develop E.Coli Control
Strategies based on Data
Analysis
trol Strategies based on Data Analysis
Report Summarizing
Recommended Control
Strategies
5
Engage in TMDL Process and
Participation in Stakeholder
Meetings
Deliverables
Proposed Project Schedule
Task
Table 2. Project Schedule and Milestones
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EXHIBIT B
COMPENSATION
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EXHIBIT C
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Professional under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the confidential information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s confidential information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information which is not
public and/or is proprietary and includes by way of example, but without limitation, City
customer information, utility data, service billing records, customer equipment information,
location information, network security system, business plans, formulae, processes,
intellectual property, trade secrets, designs, photographs, plans, drawings, schematics,
methods, specifications, samples, reports, mechanical and electronic design drawings,
customer lists, financial information, studies, findings, inventions, and ideas.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer
identifiable information in any form, whether or not bearing a mark of confidentiality or
otherwise requested by the City, including but not limited to account, address, billing,
consumption, contact and other customer data. In the case of disclosure in non-
documentary form of non-customer identifiable information, made orally or by visual
inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party,
the obligation to confirm in writing the fact and general nature of each disclosure within a
reasonable time after it is made in order that it is treated as Confidential Information. Any
information disclosed to the other party prior to the execution of this Agreement and related
to the services for which Professional has been engaged shall be considered in the same
manner and be subject to the same treatment as the information disclosed after the
execution of this Agreement with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The City and Professional shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this section, which shall
survive this Agreement as an on-going obligation of the Parties.
Professional shall not use such information to obtain any economic or other benefit for itself,
or any third party, other than in the performance of obligations under this Agreement.
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4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party (1) was generally known to the public through no wrongful act of the
Receiving Party; (2) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (3) has been approved for release by a written
authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law.
5. Required Disclosure.
If the Receiving Party is required (by interrogatories, requests for information or documents,
subpoena, civil investigative demand or similar process, or by federal, state, or local law,
including without limitation, the Colorado Open Records Act) to disclose any Confidential
Information, the Parties agree the Receiving Party will provide the Disclosing Party with
prompt notice of such request, so the Disclosing Party may seek an appropriate protective
order or waive the Receiving Party’s compliance with this Agreement.
The Receiving Party shall furnish a copy of this Agreement with any disclosure.
6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any
person, directly or indirectly, nor use it in any way, except as required or authorized in
writing by the City.
7. Red Flags Rules.
Professional 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, Professional must take appropriate
steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts
and must as expeditiously as possible notify the City in writing of significant breeches of
security or Red Flags to the City.
8. Data Protection and Data Security.
In addition to the requirements of paragraph 7, Professional shall have in place information
security safeguards designed to conform to or exceed industry best practices regarding the
protection of the confidentiality, integrity and availability of utility and customer information
and shall have written agreements requiring any subcontractor to meet those standards.
These information security safeguards (the “Information Security Program”) shall be
materially consistent with, or more stringent than, the safeguards described in this Exhibit.
a) Professional’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
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Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
b) Subcontractors. Professional may use subcontractors, though such activity shall not
release or absolve Professional from the obligation to satisfy all conditions of this
Agreement, including the data security measures described in this Exhibit, and to require
a substantially similar level of data security, appropriate to the types of services provided
and Customer Data received, for any subcontractor Professional may use. Accordingly,
any release of data, confidential information, or failure to protect information under this
Agreement by a subcontractor or affiliated party shall be attributed to Professional and
may be considered to be a material breach of this Agreement.
9. Confidential Information is not to be stored on any local workstation, laptop, or media such
as CD/DVD, USB drives, external hard drives or other similar portable devices unless the
Professional can ensure security for the Confidential Information so stored. Work stations or
laptops to be used in the Work will be required to have personal firewalls on each, as well as
have current, active anti-virus definitions.
10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply
during the term of the Work and at any time thereafter unless specifically authorized by the
City in writing.
11. If Professional breaches this Agreement, in the City’s sole discretion, the City may
immediately terminate this Agreement and withdraw Professional’s right to access
Confidential Information.
12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical
forms of media in which Confidential Information is contained, including but not limited to
writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of
the Disclosing Party and, upon request, shall be promptly returned, together with all copies
thereof to the Disclosing Party. Upon such return of physical records, all digital and
electronic data shall also be deleted in a non-restorable way by which it is no longer
available to the Receiving Party. Written verification of the deletion (including date of
deletion) is to be provided to the Disclosing Party within ten (10) days after completion of
engagement, whether it be via termination, completion or otherwise.
13. Professional acknowledges that the City may, based upon the representations made in this
Agreement, disclose security information that is critical to the continued success of the City’s
business. Accordingly, Professional agrees that the City does not have an adequate remedy
at law for breach of this Agreement and therefore, the City shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent
jurisdiction to enjoin or remedy any violation of this Agreement.
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EXHIBIT E
FORT COLLINS EXPENSE GUIDELINES FOR 2019
Lodging, Per Diem Meals and Incidentals and Other expenses:
Effective as of October 1, 2018
Lodging:
• Hotels will be reimbursed at $116/day provided the government rate is available. If the
government rate is not available, the best available rate shall be used and a printout of
the available rates at the time of the reservation provided as documentation.
• Hotel taxes do not count to the $116 limit, i.e. the rate is $116 plus applicable taxes.
• Receipts are to be provided.
• Actual expense will apply
Meals and Incidentals Expenses (M&IE):
In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.
• Daily rate: $61
• The M&IE is further broken down by:
Breakfast: $14
Lunch: $16
Dinner: $26
Incidentals: $5
• Travel Days rate: 75% of $61 = $45.75
Incidentals are defined as: fees and tips given to porters, baggage carriers, bellhops, hotel
maids, stewards or stewardesses.
Meals and incidental expense (M&IE) rate does include taxes and tips in the rate, so travelers
will not be reimbursed separately for those items.
Vehicle Expenses:
• All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to
be reimbursed. The standard for vehicle size is mid-size to lower.
• If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the
IRS. The standard for determining total mileage is the most direct route from the firm’s
primary place of business to the City.
• Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The
rate for 2019 is $0.58.
• Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collins.
Extra Ordinary Cost
• Prior authorization required.
Expenses Not Allowed
• Liquor, movies, or entertainment (including in-room movies);
• Sporting events;
• Laundry, dry-cleaning or shoe repair;
• Personal phone calls, including connection and long-distance fees;
• Computer connections
• Other personal expenses not directly related to City business;
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• Convenience charges;
• Rescheduling Airline Charges not related to City requirements.
• Excessive meal tip amounts generally over 20%;
• Delivery fees shall not exceed 10% of the total bill, if not already included;
• Hotel Cleaning Tips;
• Extra Baggage for one day trips;
• Air Travel (when local);
• Items that are supplied by the City.
Time Frame for Reporting
• Per contract (every 30 days).
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