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HomeMy WebLinkAboutHEMENWAY GROUNDWATER ENGINEERING INC - CONTRACT - SOLE SOURCE - HEMENWAY GROUNDWATER ENGINEERING INCProfessional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 1 of 16 PROFESSIONAL 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 HEMENWAY GROUNDWATER ENGINEERING 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 nine (9) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence June 6, 2016, and shall continue in full force and effect until June 5, 2017, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for one (1) additional one year period. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 3. 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 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: Copy to: Hemenway Groundwater Engineering Inc. Attn: Courtney Hemenway 17011 Lincoln Ave., Ste 416 PO Box 416 Parker, CO 80134 City of Fort Collins Attn: Adam Jokerst 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 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. DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 2 of 16 4. 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 attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit B, consisting of one (1) page, attached hereto and incorporated herein. 5. 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 in accordance with Exhibit “A”, consisting of nine (9) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Fifty Thousand Dollars ($50,000). 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. 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. 6. 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. 7. 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. 8. 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. DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 3 of 16 9. 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. 10. Subcontractors. Professional 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 Professional. 11. Personal Services. It is understood that the City enters into the 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 the 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. 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 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 DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 4 of 16 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 “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. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. 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 DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 5 of 16 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 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: HEMENWAY GROUNDWATER ENGINEERING INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 President 6/17/2016 Courtney Hemenway 6/21/2016 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 6 of 16 EXHIBIT A SCOPE OF WORK INTRODUCTION Subsurface water storage is an emerging strategy in Colorado for augmenting existing surface water storage. Subsurface water storage projects can simplify permitting for new storage, provide an economical alternative to surface storage, enhance the resiliency of water systems, and conserve water through reduction in seepage and evaporative losses. In Colorado, Centennial Water and Sanitation, Consolidated Mutual, Colorado Springs, and the City of Aurora have subsurface water storage systems. In addition, the Town of Castle Rock, the South Metro Water Supply Authority, and the City and County of Denver are currently conducting studies focused on developing subsurface water storage. Outside of Colorado, subsurface water storage has been widely employed in Florida, Texas, New Mexico, Arizona, California, and internationally. Faculty members at Colorado State University (CSU) have been leaders in the field of groundwater for more than 70 years. Currently, Drs. Tom Sale, Mike Ronayne, Sally Sutton, and Ryan Baily are collaborating on five projects addressing subsurface water storage. This work is supported by three MS candidates and one PhD candidate. Courtney Hemenway, of Hemenway Groundwater Engineering, Inc. (HGE), has been a key contributor on all of CSU’s recent subsurface water storage projects. Courtney has been the technical lead on three of Colorado’s four current bedrock subsurface water storage projects and is involved in numerous related projects. Recent supporters of subsurface water storage studies at CSU include The Town of Castle Rock, National Science Foundation, South Metro Water Supply Authority, Colorado Water Resource Research Institute, ARCADIS, Colorado Water Conservation Board, and the Government of Saudi Arabia. The following presents a proposal to assess the feasibility of bedrock subsurface water storage for the City of Fort Collins (FC). Proposed work will:  Advance a conceptual design for bedrock water storage for FC.  Address potential critical issues that could constrain the feasibility of bedrock water storage including water rights, permitting, location of facilities, and cost.  Develop a plan for installing a test well that can: o Provide data needed for resolving the design and feasibility of bedrock subsurface water storage for FC. o Serve as a “first module” in a subsurface water storage system. All work will be conducted in close collaboration with City staff. The overarching vision is merging the City’s knowledge of needs, infrastructure, and resources with HGE’s and CSU’s technical tools and experience. Ongoing HGE/CSU projects will provide complementary tools and support for this project. Critical resources include:  Plans, specifications, and costs from prior HGE projects  CSU’s Production‐Recharge Well Field Hydraulics Model (Davis, 2013 and Lewis et al. 2015)  CSU’s Subsurface Water Storage Cost Assessment Model (Alqahtani 2015)  A $50k Colorado Water Conservation Board study evaluating the Fountain Formation for subsurface water storage. DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 7 of 16 The Fountain Formation, an approximately 800‐foot‐thick sandstone formation that lies beneath Fort Collins, is largely undeveloped. Work to date suggests that the Fountain Formation is the most likely candidate for bedrock subsurface water storage in Northern Colorado. Complementary HGE and CSU projects that will support this project include:  HGE o Meridian Metropolitan Districts o Ongoing Support of ASR Operations at Centennial WSD o Technical Support on CSU projects listed below  CSU o Town of Castle Rock $25k – Testing of analytical solutions for modeling subsurface water storage o Colorado Water Institute:  Subsurface Water Storage Initiative $15k ‐ Domain and Control of stored water (ends May 31, 2016)  Evaluation of the Fountain Formation for Water Storage $50k – Starts June 2016  Fall 2016 Subsurface Water Storage Symposium $20k ‐ (November 2016) o South Metro Water Supply Authority $50k – Demonstration of hydraulic and cost models for subsurface water storage. Content of this proposal include a scope of work, budget, schedule, and qualifications. Figure 1 ‐ East‐west geologic cross‐section at the canyon mouth of the Cache La Poudre River (Braddock et al. 1988) DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 8 of 16 SCOPE OF WORK The following outlines project tasks. Work will be conducted by CSU and HGE. HGE will serve as the prime contractor. The work will be led by Courtney Hemenway and Dr. Sale. Courtney Hemenway and Dr. Sale have been collaborating on groundwater projects for more than 30 years. Throughout the project go/no‐go decisions will be made pending the finding of the studies. Task 1 - Conceptual Design As a first step, a conceptual design will be developed for FC subsurface water storage in the Fountain Formation. Critical inputs will include the timing of available water, the capacities of the City’s current infrastructure, and required new storage. Key outputs will include:  Locations for aquifer storage and recovery wells  Preliminary capacities for wells, pipelines, and water treatment systems  A plan for use of existing surface water, use of stored groundwater, and timing of groundwater storage. The conceptual design will be developed iteratively through preliminary, intermediate, and final versions. As noted in the introduction, this project will be a collaborative effort with CSU, HGE, and FC. The conceptual design will serve as a foundation for subsequent tasks. A primary goal of the conceptual design will be to capture all of the concerns of the city including permitting and operations issues that could impact annual costs. Examples of operating costs that FC has expressed interests in include:  Routine operation of wells to limit fouling  Power requirements  Associated greenhouse gas emission Figure 2 ‐ Surface extent of the Fountain Formation in northern Colorado. Formation extends to the east beneath overlying formations (Hogan 2013). Controls ASR Well Figure 3 – 1,000 gpm Aquifer Storage and Recovery (ASR) well, Highlands Ranch, Colorado ‐ Centennial Water and Sanitation DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 9 of 16 Figure 4 – 30‐year (360‐month) schedule for storage and recovery of ground water developed using CSU’s Subsurface Water Storage Assessment Model (Alqahtani 2015). Timing is predicated on projected FC water demands and Cache La Poudre River flows. Task 2 – Review of Critical Issues A primary component of the study will be a review of critical issues that could impact the feasibility of FC bedrock water storage. Critical issues identified to date and related tasks are noted in the following text. WATER RIGHTS The issue of water rights for water stored in non‐tributary portions of the Denver Basin Aquifers in Denver was resolved through Colorado State Senate Bill 94‐097, which required the State Engineer’s Office (SEO) to promulgate Rules and Regulations for Aquifer Storage and Recovery (ASR) in the Denver Basin. Individuals have the right to recover the total volume of water stored underground as well as to pump any normal groundwater that has been adjudicated or permitted. All current bedrock subsurface water storage projects in the Denver Basin Aquifers have the right to produce all of the water they have stored. Water rights issues for subsurface water storage in bedrock in Northern Colorado (also technically in the Denver Basin) will need to be resolved. This task will be led by Courtney Hemenway, who was very involved with SEO staff in developing the Rules and Regulations for ASR in the Denver Basin. As recommended by FC’s staff, the project team will support FC‘s current water rights attorney in addressing this topic. DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 10 of 16 PERMITTING Work under this task will be to review the information required for permit applications to the SEO and EPA. ASR permits need to be filed with the SEO for the recovery portion of the ASR operations at a water supply well. The timeframe for SEO permitting of an ASR well in the Fountain Formation will be based on the resolution of the water rights issues. However, permits through the SEO for ASR wells completed in the Denver Basin have been issued within one month. The EPA provides Rule Authorization for injection operations under the Underground Injection Control (UIC) Program. The UIC program is part of the Clean Water Act. The EPA is concerned with the injection portion of ASR operations and the water quality aspects of an ASR program. Given storage of potable water, acquisition of UIC permits in Colorado have taken one to two months. A comprehensive review of permitting for ASR wells in Northern Colorado will be developed, including permits for ongoing projects on which Courtney Hemenway has worked. A significant amount of background data needs to be collected for the applications. For the SEO, all wells within a one‐mile radius of each injection well must be identified. This requires a review and printout of the SEO well database. In addition, maps must be prepared showing the injection well locations within the one‐mile radius illustrated. Water quality data from the selected pilot test well and the proposed injection water sources must be reviewed and summarized for the permits. In addition to the information provided in the SEO permit application, a Piper water quality diagram needs to be generated for the EPA Rule Authorization. WATER QUA L I TY Combining water from two sources can be an issue from the perspectives of:  Formation plugging during water storage cycles  Mixing zones in water distribution systems  Quality of delivered water Water quality issues will be explored by collecting available water quality data from the Fountain Formation and FC’s raw water supplies. In addition, new water samples (up to five) will be collected and analyzed for key parameters consisting of major cations and anions. It is assumed that FC and CSU’s existing analytical capabilities will be able to cover the majority of the cost for water analyses. Water quality data will be entered into PHREEQ2C (Parkhurst, and Appelo 2013), a USGS model geochemical model, to resolve potential water quality issues. Given the high quality of FC’s raw water supplies, water quality issues are not anticipated to be an issue. If issues do arise, it is likely they can be addressed through water treatment. Given sparse usage of the Fountain Formation, it seems that limited water quality data is available. Rigorous resolution of water quality issues is likely to require a test well program as described in Task 3. Common parameters of interest are shown in Table 1. TABLE 1 Water Quality Sample Parameters Total Alkalinity Oil and Grease Total Organic Carbon (TOC) Total Plate Count Total Coliform PH Fecal Coliform Orthophosphate DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 11 of 16 Chloride Total Phosphorus Chemical Oxygen Demand (COD) Total Dissolved Solids (TDS) Color Sulfate Cyanide Sulfide Fluoride Surfactants Fecal Streptococcus Turbidity Total Organic Halide (TOX) Dissolved and Total Metals Calcium Hardness Regulated Volatile Organic Compounds (VOCs) Total Hardness Nonregulated VOCs Langelier Saturation Index Pesticides Ammonia, Nitrogen Herbicides Total Kjeldahl Nitrogen Gross Alpha Nitrate, Nitrogen Gross Beta Nitrite, Nitrogen Radium 226 Odor Radium 228 Radon RETENTION OF STORED WATER A common concern with subsurface water storage is certainty regarding domain and control of stored water. In particular this can be a concern with alluvial water storage projects where stored water might discharge to surface water prior to recovery. To date, domain and control of stored water has not been a major issue for projects in the bedrock non‐tributary aquifers of the Denver Basin due to very low groundwater gradients. All proposed locations for FC subsurface water storage will be screened for retention of stored water. While water retention can be addressed at a preliminary level, rigorous resolution of this issue will likely require a test well program. COSTS Building on the conceptual model and tool presented in Aziz Alqahtani’s 2015 MS thesis, an estimate of the capital, operations, and maintenance costs for bedrock subsurface water storage will be developed. This will include replacement costs for critical elements for the lifespan of the project. The following was presented from Dr. Sale and Aziz’s work on Aziz’s thesis: “Both models, deterministic and stochastic, have been applied to a scenario predicted on conditions faced by the city of Fort Collins. At thirtieth year, the system can deliver 7.8×106 m3 /year of water (6.4×103 acre‐ft/year) in an average year and up to 5.7×106 m3 /year of water (12.7×103 acre‐ft/year) in a drought year. The estimated present value cost from deterministic and stochastic models of the entire project was $ 23.1 million U.S and $ 22.5 million U.S., respectively. Not considered in the cost analysis is the value of the water saved due to reduced losses of evaporation and seepage losses, inherent with surface water storage.” Costs noted above include capital, operations, and maintenance costs. Through this activity, updated cost estimates, including input from FC staff, will be developed based on the conceptual design developed in Task 1. Costs are seen as a key factor in resolving the feasibility of bedrock subsurface water storage. It is likely that the greatest uncertainty in the cost estimate will be due to limited knowledge regarding the hydraulic capacities of Fountain Formation wells. Addressing the hydraulic capacity data gap will likely require a test well. DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 12 of 16 Figure 5 ‐ Cost components of subsurface water storage (Alqahtani 2015) SUSTAINABILITY The City of Fort Collins has high standards with respect to sustainability. An issue with ASR is the carbon footprint associated with electrical power for pumping water out of aquifers. Our analysis will include power costs and options for reducing power requirements, including power generation during gravity‐ driven storage of water. Under this task, the project team will review existing downhole power generation systems operating around the United States and in conjunction with conceptual design prepare an estimate of potential energy savings. Task 3 - Test Well Given positive outcomes on Tasks 1 and 2, a general plan for a test well program will be outlined and an estimate of cost will be presented. Two general options will be considered. The first will be a scaled‐ down test well that would address water quality and hydraulic issues. The second will be a full‐scale ASR well that can serve the dual functions of a test well and, potentially, a “first module” in a FC subsurface water storage system. The testing program will involve iterative cycles of water recovery and storage. Through each cycle, flow rates and water levels will be monitored continuously. Ideally, existing Fountain Formation water well can be found that can serve as an observation well to complement water level data in the test well. Through each cycle water quality data will be collected. Ideally, early data will support blending produced water with the FC water, minimizing the loss of water during the test cycles. A critical aspect of the test well plan will be selecting a location. Task 4 - Reporting All work will be documented through draft and final reports. In addition, routine meetings and calls will facilitate sharing knowledge, decisions, and tracking progress. BUDGET The requested budget for this project is $50,000. Key attributes of the budget include:  Fund will be split 50:50 between CSU and HGE.  Approximate allocations for Tasks 1‐4 will be 10, 60, 20, and 10%, respectively. DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 13 of 16 A breakdown of level of effort and costs follows: Colorado State University Project Team  Dr. Tom Sale / Engineering – 125 hours @ $146.00 per hour  Dr. Sally Sutton / Geology –36 hours @ $134.00 per hour  Helen Dungan / Reports – 45 hours @ $36.00 per hour  Student / Technical Support – 40 hours @ $16.00 per hour  No travel, equipment, or expenses Hemenway Groundwater Engineering  Courtney Hemenway – 130 hours @ $165.00 per hour  Office/Data Input at $80.00 per hour  Office/Computer/Communication at 5 percent of the professional services rate  Mileage at $0.55 per mile (four wheel drive pickup)  Direct expenses (including CSU) at cost plus 10 percent SCHEDULE Given funding in the spring of 2016, it is envisioned that all work can be completed by the end of 2016. A final schedule will be developed pending comment on this draft proposal. PROJECT TEAM The project will be led by Dr. Tom Sale / CSU and Courtney Hemenway / HGE. Tom and Courtney have been working together on water supply well fields and ASR in Colorado since 1990. This includes work on over 80 deep Denver Basin water wells, of which 36 have been equipped as ASR wells. Tom and Courtney will be supported by CSU faculty and students. Dr. Sale is an Associate Professor in Civil and Environmental Engineering at CSU. He has BA degrees in Chemistry and Geology, an MS degree in Watershed Hydrology, and PhD in Agricultural Engineering. The first 22 years of his career was spent in consulting engineering, including two years with Engineering Enterprises Inc. (OK), 10 years with CH2M HILL (CO), and 10 years of independent consulting (CO). Since 2004, Dr. Sale has been full‐time faculty at CSU. For the last decade, Dr. Sale’s research program has had funding on the order of $1.5 million per year. The focus of Dr. Sale’s work has been groundwater, including both water supply and remediation. Courtney Hemenway is the President of Hemenway Groundwater Engineering, Inc. He is a civil engineer with expertise in groundwater hydrology and modeling, well design and construction, Aquifer Storage and Recovery, and hydraulic fracturing of deep bedrock aquifer wells, with over 35 years of experience in these areas. Courtney is a Colorado native and graduate of Colorado State University with Bachelor and Master of Science degrees in Civil Engineering. The M.S. degree focused on groundwater hydrology. In his groundwater hydrology consulting, Mr. Hemenway has conducted numerous municipal groundwater development programs and has participated in many water resources management projects involving the conjunctive use and interaction of groundwater and surface water. Over his career, Mr. Hemenway has been DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 14 of 16 involved in the design, drilling, and testing of over 80 deep Denver Basin wells, numerous shallow alluvial wells, and over 1,500 soil shallow alluvial soil borings and monitoring wells. He has also been the project engineer on Aquifer Storage and Recovery (ASR) projects since 1991 and has managed the installation and operation of 33 ASR wells in the Denver Basin. Throughout his groundwater consulting, Mr. Hemenway has consistently focused on improving well design and development techniques to increase well yields and sustainability. DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 15 of 16 EXHIBIT B INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional '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 Professional shall maintain during the life of this Agreement for all of the Professional'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 Professional 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 Professional 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 New insurance Professional Services Agreement SS 2016 – Fountain Formation Subsurface Water Storage Page 16 of 16 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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. DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 6/21/2016 HUB International, formerly BW Insurance Agency 2742 Crossroads Blvd Grand Junction CO 81506 Lynn Cobbley (303)252-3762 (303)223-3275 lynn.cobbley@hubinterntational.com Hemenway Groundwater Engineering 17011 Lincoln Ave Pmb 416 Suite #416 Parker CO 80134 Hartford Casualty Ins Co 29424 West American Ins Co 44393 Pinnacol Assurance 41190 Travelers Group 16-17 WC Renewal A X X X X 34SBAUH3744 9/1/2015 9/1/2016 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 Hired/Non-Owned Auto 1,000,000 B X X BAW53537661 11/5/2015 11/5/2016 1,000,000 Terrorism B XX 10,000 BAW53537661 11/5/2015 11/5/2016 1,000,000 1,000,000 C 4080868 5/1/2016 5/1/2017 X 1,000,000 1,000,000 1,000,000 D Professional Liability 105335985 9/1/2015 9/1/2016 Each Occurrence $1,000,000 Ded: $2,000 Per Claim General Aggregate $2,000,000 Certificate holder is listed as Additional Insured with respect to General Liability and Auto Laibility. Lynn Cobbley/THOLC City of Fort Collins Purchasing Department PO BOX 580 Fort Collins, CO 80522 DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2 PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 4/27/2016 HUB International, formerly BW Insurance Agency 2742 Crossroads Blvd Grand Junction CO 81506 Lynn Cobbley (303)252-3762 (303)223-3275 Lynn.Cobbley@hubinterntational.com HEMENWAY GROUNDWATER ENGINEERING INC 17011 LINCOLN AVE PMB 416 Suite #416 PARKER CO 80134 Hartford Casualty Ins Co 29424 West American Ins Co 44393 Pinnacol Assurance 41190 Travelers Group 15/16 Auto Renewal A X X X 34SBAUH3744 9/1/2015 9/1/2016 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 Hired & Non-owned 1,000,000 B X BAW53537661 11/5/2015 11/5/2016 1,000,000 AX X 10,000 34SBAUH3744 9/1/2015 9/1/2016 1,000,000 1,000,000 C 4080868 5/1/2015 5/1/2016 1,000,000 1,000,000 1,000,000 D Professional Liability 105335985 9/1/2015 9/1/2016 Each Occurrence $1,000,000 Ded: $2,000 Per Claim General Aggregate $2,000,000 Lynn Cobbley/THOLC Fort Collins Utilities 700 Wood Street Fort Collins, CO 80522 ajokerst@fcgov.com DocuSign Envelope ID: C226C8EC-BAE3-4501-98B4-7CAE5F5427B2