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HomeMy WebLinkAboutDOUGLAS RICE - CONTRACT - CONTRACT - 8968PROFESSIONAL, SERVICES AGREEMENT 1 THIS AGREEMENT is made and entered into this day of March, 2001 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 Scone 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 March 25, 2002 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 Demn and Protect 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 Professionat and shall, without additional compensation, promptly remedy and correct any erroi s, 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 July 1, 2001 October 1, 2001 January 1, 2001 After acceptance of 2001 final report. $1,700 00 $1,700 00 $1,700 00 Balance of 200I services contract not to exceed $1,700.00 Maximum compensation shall not exceed Six Thousand and Eight Hundred Dollars ($6,800 00)' 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 Professional Services Agreement - 2001 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 benthrc biosurveys, of the status of the work and material mfol mahon included with respect to the Scope of Services, Work Schedule and other'maternal 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 Plovlslons 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 Acceptance Not Waiver The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shalt 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 In 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 - 2001 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written ATTEST APPROVED AS TO FORM Dep y City Attorney THE CITY OF FORT COLLINS, COLORADO By �•�� City M nager PROFESSIONAL By Douglas A Rice Laboratory Director -3of9- Professional Services Agreement - 2001 EXHIBIT A STUDY TO DETERMINE THE STATUS OF THE AQUATIC COMMUNITY I1\1 SEGMENTS OF THE CACHE LA POUDRE RIVER AFFECTED BY MUNICIPAL WASTEWATER DISCHARGES SCOPE OF WORK Purpose of Stull V- 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 which 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 Reservon 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 Tong term study, will be used to detei mine 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 athhe time and sites selected for fish and benthic evaluations Methodology A B10SUCVey - 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 survey and additional upstream and downstream sampling will extend the tim6 to one hour and ten minutes for the Summer survey at each site 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 i atalities -4of9- Piotess,onal Services Agreement - 2001 B Biosurvev - 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 Ohgochaetes 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 equrtability will be developed from the data Diveisity indices will be calculated using the following formulas d = (N login N -(-n, logion,))/ N D = (C / N) * (N 1og1ON - En, login n,) where d = mean diversity (range 0 - 1 000) D = tog mean diversity (range 0 - 3 219) C = 3 22 (converts base 10 log to base 2) N = total number of individuals n, = total number of individuals of the ith taxa Equrtability 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 equitabrlity E=51/S where E = equitability (range 0 - 1 000) S = number of taxa in the sample S1= a tabulated value from Weber (1973) determined from the mean diversity Reporting will be consistent with other repoits 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 Total coliform, fecal coliform, and E cola 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, 19th 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" [641FR 67449]) -5of9- N ofessional Semccs Agreement - 2001 Detailed Work Program: AScoe Supervision of the fish community surveys tour separate collections of benthic invertebrates will be made at three sites Site #1 will be at the Martinez Park - McMurray Nature Area, Site #2 will be near Mulberry Street, above the confluence with Spnng Creek, Site #3 will be on the Moore Farm, abovethe 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, at two separate times The surveys will be done at times of low flow, and will be done in the following time penods spring, prior to runoff, and summer The fish surveys will occur within seven (7) calendar days of the benthic, chemical and microbiological surveys Supervision of the benthic maciomvertebrate community surveys described herein 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, Water 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, summarizing the results of the fish surveys, benthic invertebrate sampling, microbiological testing and will include flow and if possible chemical data provided by the City 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 channehzation, 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) 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 -6of9- Professional Services Agreement - 2001 3 Data in electronic format Included with the printed annual report, data for 2001 will be provided on 3-1/2 inch PC format disk(s) using the following `flat file' horizontal data structures Data will be provided as separate spreadsheets either (Excel® or Quattro Pro@) format a 'Bacteriological Data I Date I Site I River Mile I Total Cohform I Fecal Cohform I E colt b iBenthic 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 (L.ogIO) I D (Ln) I D Log2 j Dmm(log 2) Dmax(log2) I Equitabihty E I Redundancy R I Evenness I Hilsenhoff Biotic Index - c Fish Data I Date Site I River Mile I Elect Time I Incidence of Disease I Common Name with sub -columns of I Number I Kg I for each species identified -7of9- Professional Services Agreement - 2001 EXHIBIT B Work Schedule Schedule: Product Date 1 st Quarter Report May 21, 2001 2nd Quarter Report July 23, 2001 3rd Quarter -Report November 19, 2001 4th Quarter Report February 11, 2002 Annual Report March 25, 2002 Budget: Item Amount Fish survey analyses Technical Supervision, data analysis, interpretation and reporting $4,900 00 Benthic macro -invertebrate analyses Technical supervision, data analysis, interpretation and reporting $1,900 00 TOTAL $6,800 00 Payment: i 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 2930 Tumbleweed Lane Fort Collins, CO 80526 -8of9- Professional Services Agreement - 2001 { I EXHIBIT C Special Provisions I Support Serviced: 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 othei 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 discietion 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 I Supplemental Services - Interpretive: The City may require the Professional to present the methodologies or findings of work performed under this Agreement before vaiious 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 t6 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-