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HomeMy WebLinkAbout104230 CSU ENVIRONMENTAL HEALTH SERVICES - CONTRACT - CONTRACT - 2202301 INTERGOVERNMENTAL AGREEMENTINTERGOVERNMENTAL AGREEMENT Q�l THIS AGREEMENT is made and entered into this e day of April, 2002 by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City" and the Colorado State Board of Agriculture by and through COLORADO STATE UNIVERSITY for the use and benefit of the ENVIRONMENTAL HEALTH SERVICES LABORATORY, ENVIRONMENTAL HEALTH SERVICES, hereinafter referred to as "CSU". WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants and obligations he expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. CSU 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 24, 2003. 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 Project Responsibility. CSU 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 CSU and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies as provided in Paragraph 12 hereof. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay CSU according to the following schedule: July 1, 2002 October 1, 2002 January 1,2003 After acceptance of 2002 final report. $4,230.00 $4,230.00 $4,230.00 Balance of 2002 services contract not to exceed $4,230.00, Maximum compensation shall not exceed Sixteen Thousand and Nine Hundred Twenty Dollars ($16,920.00). Final payment shall be made following acceptance of the work by the City, subject to statutory retentions for unresolved claims. CSU Intergovernmental Agreement - 2002 EXHIBIT C Special Provisions Support Services: CSU may retain such technical and clerical staff as are necessary to assist in the completion of all work elements identified in Exhibit A. CSU 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 CSU. Martinez Park Data: CSU 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 CSU 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 CSU to perform such services, including a maximum compensation, not to be exceeded. CSU shall be compensated at the rate of $60.00 per hour. CSU shall submit an itemized billing for such services performed under this provision. - - -10of10- CSU Intergovernmental Agreement - 2002 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. CSU is required to provide the City Representative with written reports of the status of the work with respect to the Scope of Services, Work Schedule and other material information as defined in Exhibit "B". 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 CSU 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 shall not in any way relieve CSU 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 it 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 care 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 itself of any other remedy at law or equity. 13. Fund Availability. Financial obligations of CSU hereunder payable after the State's current fiscal year and of the City payable hereunder for 2003 are contingent upon -funds for that purpose being appropriated, budgeted and otherwise made available. 14. Conflict of Interest. The signatories aver that to their knowledge no State of Colorado employee has any personal or beneficial interest in the service or property described in the Agreement except for services provided under contract as Professional Consultants. The signatories aver that no bribery and corrupt influences or abuse of public office under the Colorado Criminal Code is present. 15. Applicable Laws. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of the Agreement. Any provision of the Agreement providing for arbitration by any extra- -2of10- CSU Intergovernmental Agreement - 2002 judicial body or person shall be considered null and void. 16. Self Insurance. The parties understand and agree that CSU, as an entity of the State of Colorado, and its employees are self -insured ($150,000/$600,000) through the State and are entitled by law to certain immunities. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ATTEST: APPROVED AS TO FORM: V A — Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO By-;e �. Q.:� Q City anager -3of10- CSU Intergovernmental Agreement - 2002 COLORADO STATE BOARD OF AGRICULTURE by and through COLORADO STATE UNIVERSITY APPROVED: By�G6 Earlie Thomas Director of Environmental Health Services By John Schneider Director of Purchasing -4of10- CSU Intergovernmental Agreement - 2002 EXHIBIT A STUDY TO DETERMINE THE STATUS OF THE AQUATIC COMMUNITY IN SEGMENTS OF THE CACHE LA POUDRE RIVER AFFECTED BY MUNICIPAL WASTEWATER DISCHARGES SCOPE OF WORK Pumose of Stud 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 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 at the time and sites selected for fish and benthic evaluations. Methodology: 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. Electrofishing will be done for 45 minutes at each site during the Spring survey and additional upstream and downstream sampling will extend the time 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 fatalities. -5of10- CSU Intergovernmental Agreement - 2002 ...... 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 -(-n; loglon;))/ N D = (C / N) * (N logioN - En; loglon) 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 n; = 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=S'/S where E = equitability (range 0 - 1.000) S = number of taxa in the sample S'= 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. C. Microbiological. Total coliform, 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, 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" [64 FR 67449]). 6of10- CS U Intergovernmental Agreement - 2002 Detailed Work Program: A. Scope: Four 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 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, at two separate times. The surveys 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. B. Study Tasks: 1. Collect samples and survey fish populations as defined in the Scope of the Detailed Work Program of this Exhibit. 2. Calculate diversity and equitability for the benthic invertebrates. C. Products: 1. Four quarterly reports, summarizing the results of the fish surveys, benthic invertebrate sampling, and 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 CSU and the City. CSU 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. 3. Data in electronic format: Included with the printed annual report, data for 2002 will be.,r _ provided on 3-'/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@n) format: -7of10- CSU Intergovernmental Agreement - 2002 a. Bacteriological Data: I Date I Site I River Mile I Total Coliform I Fecal Coliform I 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 (LogIO) I D (Ln) I D Log2 Dmin(log 2) Dmax(log2) I Equitability E I Redundancy R Evenness I Hilsenhoff Biotic Index c. Fish Data: I Date Site I River Mile I Elect. Time Incidence of Disease I Common Name with sub -columns of I Number Kg I for each species identified. -8of10- CSU Intergovernmental Agreement - 2002 EXHIBIT B Work Schedule Schedule: Product 1st Quarter Report 2nd Quarter Report 3rd Quarter Report 4th Quarter Report Annual Report Budget: Item Fish Surveys - 2.5 sites, 2 surveys: Benthic Analyses - 1 site w/2 surveys and 2 sites w/4 surveys: 10 samples Bacterial Analyses - 2.5 sites, 8 surveys: 20 samples, Total Coliform Fecal Coliform and E. coli Overhead - 20% of Total Direct Charges ($13,800.00) TOTAL Payment: Date May 20, 2002 July 22, 2002 November 18, 2002 February 10, 2003 March 24, 2003 Amount 3,300.00 9,900.00 900.00 2,820.00 $16,920.00 The payments will be made as described in the Intergovernmental Agreement, Section 5, based upon CSU's billing. Checks will be made payable to Colorado State University. 9of10-