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HomeMy WebLinkAbout124536 DOUGLAS RICE - CONTRACT - CONTRACT - 30952PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this o2 f4A day of August, 2007, nunc pro tunc April 2, 2007, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City" and Douglas A. Rice, hereinafter referred to as the "Professional'. WITNESSETH: NOW, THEREFORE, 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 Work attached hereto as Exhibit "A" and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B" and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within 30 days following execution of this Agreement. Services shall be completed no later than May 30, 2008. Time is of the essence. Any extensions of the time limit. set forth above must be agreed upon in writing by the parties hereto. 4. Design and Proiect Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all designs, plans, reports, specifications, drawings and other services rendered by The Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional according to the following schedule: September 3, 2007 December 3, 2007 March 3, 2007 After acceptance of 2007 final report. $1,375.00 $1,375.00 $1,375.00 Balance of 2007 services contract not to exceed $1,375.00. Maximum compensation shall not exceed Five Thousand Five Hundred ($5,500.00) Professional services Agreement 2007 dollars. Final payment shall be made following acceptance of the work by the City, subject to statutory retentions for unresolved claims. 6. City Representative. The City will designate, prior to commencement of the 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. Reports. The Professional is required to provide the City Representative with written reports of the status of the work defined as part of the Intergovernmental Agreement with Colorado State University for the fish and benthic biosurveys, of the status of the work and material information included with respect to the Scope of Services, Work Schedule and other material information as defined in Exhibit "B" thereto. Failure to provide any required report may, at the option of the City, suspend the processing of any partial payment request. 8. Special Provisions. Any special provisions or conditions relating to the services performed pursuant to this Agreement, if any, shall be set forth in Exhibit "C" as attached hereto and incorporated herein by this reference. 9. Independent Contractor. The services to be performed by the Professional are those of an independent contractor and not as an employee of the City of Fort Collins. 10. Accept nice 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 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 under this Agreement or of any cause of action arising out of the performance of this Agreement. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of thirty (30) days within which to cure said default. hi the event the default remains uncorrected, the non -defaulting party may elect to (a) treat the Agreement as continuing and require specific performance; or (b) avail himself of any other remedy at law or equity. 2of9 Professional services Agreement - 2007 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. PURCHASING & RISK MANAGEMENT: ��Dire for of Purchasing &Risk Management ATTEST: ,has City Clerk APPROVED AS TO FORM: Assistant City Attorney -( THE CITY OF FORT COLLINS, COLORADO By City Manager PROFXsea,Ph. By Doug Laboratory Director -3of9- Professional services Agreement - 2007 EXHIBIT A STUDY TO DETERMINE THE STATUS OF THE AQUATIC COMMUNITY IN SEGMENTS OF THE CACHE LA POUDRE RIVER AFFECTED BY MUNICIPAL WASTEWATER DISCHARGES .YKt11=61swel"' . Purpose of Studv: The City of Fort Collins has discharged treated wastewater into the Cache La Poudre River, continuously, since 1947. The City operates two wastewater treatment plants that are capable of discharging to the Poudre. Plant #1, at highway 14 and Riverside Avenue, opened in 1947; plant #2, 3036 East Drake Road, opened in December 1968. The Drake Road facility may discharge to either the Poudre River, to the Fossil Creek Reservoir inlet ditch, or to the Rawhide Pumping Station. The purpose of this study is to determine the status of the aquatic community at sample sites in stream segments immediately downstream from the wastewater discharges, and to compare the results with sample sites located above the wastewater discharges. This study will provide baseline data, and as the 1991 portion of a long-term study, will be used to determine if the status of the aquatic community is changing. The major objective of this study is to gather baseline data on the aquatic community by conducting surveys of fish populations and species, collection and analyses of benthic organism populations, and calculation of diversity indices. The City will perform flow measurements and chemical analyses al. the time and sites selected for fish and benthic evaluations. Methodoloev: A. Biosurvey - Fish. The fish surveys will be done by electro-fishing at each site. A 110 volt, 3000 or 4000 watt generator, with or aluminum electrodes will be used. Electro-fishing or 45 minutes at each site during the Spring season. All fish will be netted and held in live baskets or buckets. All fish being held will be identified to species, counted, and weighed in aggregate for each species determined. Reports will show the survey results listing, as a minimum: generic, specific and common names for each type of fish; number; and aggregate biomass in pounds and kilograms. All fish will be returned to the river as quickly as possible to minimize shock and to reduce fatalities. -4of9- Professional Services Agreement - 2007 B. Biosurvey - Benthic Invertebrates. The sampling for benthic invertebrates will be done at each site. A one square foot sample will be taken using a Surber sampler or equivalent sampling device from each of three substrate types, and all the samples will be pooled. The samples will be sorted and all organisms identified to genus except for Oligochaetes of the family Lumbricidae which has not been keyed to genus, and the Nematodes which will be considered as one group. All organisms will be counted. Diversity indices and equitability will be developed from the data. Diversity indices will be calculated using the following formulas: d = (N loglo N-(-ni loglo ni))/ N D = (C / N) * (N logloN - E ni loglo ni) where d = mean diversity (range 0 - 1.000) D = log mean diversity (range 0 - 3.219) C = 3.22 (converts base 10 log to base 2) N = total number of individuals ni = total number of individuals of the ith taxa. Equitability values will be used to compare the mean diversity values to a hypothetical maximum mean diversity value developed by MacArthur. The following formula will be used to calculate equitability: E=Sl/S where E = equitability (range 0 - 1.000) S = number of taxa in the sample Sl= a tabulated value from Weber (1973) determined from the mean diversity. Reporting will be consistent with other reports on the Cache La Poudre River including a taxonomic hierarchy of organisms found. STORET numbers will be available for benthic organisms and fish. C. Microbiological. Fecal coliform, and E. coli analyses will be determined in the laboratory for each river site using the membrane filter technique standard method with appropriate quality control. (See Standard Methods for the Examination of Water and Wastewater, 20th or latest edition and USEPA, "National Primary and Secondary Drinking Water Regulations: Analytical Methods for Chemical and Microbiological Contaminants and Revisions to Laboratory Certification Requirements" [64 FR 67449]). -5of9- Professional services Agreement - 2007 Detailed Work Program: A. Scope: Supervision of the benthic and fish community surveys: four separate collections of benthic invertebrates will be made at three sites on the Cache la Poudre River. Site #1 will be near the USGS Gage Station above Lincoln Street; Site #2 will be above Prospect Street, below the confluence with Spring Creek; Site #3 will be on the Moore Farm, above the confluence of the Box Elder Creek. 'The collections will be done at times of low flow, with one collection in each of the four calendar quarters, corresponding to the winter, spring, late summer, and fall seasons. Microbiological and chemical sampling will be done concurrently. The fish surveys will be done at sites #1, #2, and #3 during the spring season. The survey will be done at times of low flow, and will be done in the following time periods: spring, prior to runoff; and summer. The fish surveys will occur within seven (7) calendar days of the benthic, chemical and microbiological surveys. The Professional will supervise the preparation of reports and data transmittals developed as part of the Intergovernmental Agreement between the City and Colorado State University. Reports will be furnished to the Environmental Services Division Manager, Utilities, City of Fort Collins, P.O. Box 580, Fort Collins, Colorado 80522. B. Study Tasks: 1. Supervise the sampling and identification of fish communities, calculate results and report the biological profile of the Cache La Poudre River as defined in the Scope of the Detailed Work Program of this Exhibit. 2. Supervise the sampling and identification of benthic macroinvertebrates communities, calculate diversity and equitability for these communities and report the biological profile of the Cache La Poudre River as defined in the Scope of the Detailed Work Program of this Exhibit. C. Products: 1. Four quarterly reports. Four quarterly reports summarizing the results of the fish surveys, benthic invertebrate sampling, microbiological testing. 2. One annual report. The report shall include, but not be limited to, a technical description of the methodologies used and results of the investigative studies in suitable narrative, tabular and graphic form. The report shall include physical descriptions of the survey sites, their relationship to each other and any major influences on the sites, as well as an identification of any significant factors which could influence the replicability of similar investigations (i.e. recent flooding, stream bed channelization, unusually high or low flow conditions in the Poudre River). The format and presentation of the data shall be mutually agreed to by the Professional and the City. The Professional shall provide the City with one (1) -6of9- Professional Services Agreement - 2007 camera ready copy of the reported results on quality 8-1/2 x 11 inch white bond paper, following completion of the surveys and services identified and amended to this Agreement. 3. Data in electronic format: Included with the printed annual report, data for 2007 will be provided on CD-ROM using the following flat file horizontal data structures or in a format suitable for upload into STORET via the Colorado Data -Sharing Network. The survey data also will be provided as separate spreadsheets in Excel format: a. Bacteriological Data: I Date I Site I River Mile I Fecal Coliform � E. coli. b. Benthic Data: I Date I Site I River Mile I Substrate I Area Sampled I Total No. of Taxa (S) I Total No. of Individuals (Ni) I Diversity Index (Log10) I D (Ln) I D Log2 j Dmin(log 2) Dmax(log2) I Equitability E I Redundancy R I Evenness I Hilsenhoff Biotic Index c. Fish Data: I Date I Site I River Mile I Elect. Time I Incidence of Disease I Common Name I with sub -columns of I Number I Kg I for each species identified. -7of9- Professional Services Agreement - 2007 Schedule: Budget: Product 1 st Quarter Report 2nd Quarter Report 3rd Quarter Report 4th Quarter Report Annual Report Item EXHIBIT B Work Schedule Fish survey analyses: Technical Supervision, data analysis, interpretation and reporting Date July 23, 2007 November 19, 2007 February 25, 2008 April 28, 2008 May 30, 2008 Amount $2,600.00 Benthic macro -invertebrate analyses: Technical supervision, data analysis, interpretation and reporting $2,900.00 TOTAL: $5,500.00 Payment: The payments will be made as described in the Professional Services Agreement Paragraph 5., based upon The Professional's billing. Checks will be made payable to: Douglas A. Rice 980 Deer Meadows Way Livermore, CO 80536 -8of9- Professional services Agreement - 2007 EXHIBIT C Special Provisions Support Services: The Professional may retain such technical and clerical staff as are necessary to assist in the completion of all work elements identified in Exhibit A. The Professional certifies that through experience and education, where required by state or local law, all support staff are qualified to perform such services under direct supervision of the Professional. Martinez Park Data: The Professional will include all data on the Martinez Park Site (Site #1), including data generated as a result of contracts with other entities, data supplied by the City, or data supplied by other entities. Supplemental Services - Additional Surveys: Following analysis of the survey results, the frequency or number of locations of fish or benthic surveys may be modified at the discretion of the City. In the case of such modification by the addition of supplemental surveys, or the deletion of scheduled surveys, this agreement shall be amended by written modification agreement, and signed by both parties. Supplemental Services - Interpretive: The City may require the Professional to present the methodologies or findings of work performed under this Agreement before various agencies, or to otherwise represent the City on matters of water quality monitoring. When such cases arise, the City shall authorize and require the Professional to perform such services, including a maximum compensation, not to be exceeded. The Professional shall be compensated at the rate of $60.00 per hour. The Professional shall submit an itemized billing for such services performed under this provision. -9of9-