HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - INTERGOVERNMENTAL AGREEMENTINTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this Q#_ day of March, 2004 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 SERVICI S,
hereinafter referred to as "CSU".
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. CSU agrees to provide services in accordance with th Scope of
Work attached hereto as Exhibit "A" and incorporated herein by this referen e.
2. The Work Schedule. The services to be performed pursuant to this Agre�ment 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 execu ion of this
Agreement. Services shall be completed no later than March 25, 2005. 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 deq igns, 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 o this
Agreement, the City agrees to pay CSU according to the following schedule:
July 1, 2004
$4,260.00
October 1, 2004
$4,260.00
January 2, 2004
$4,260.00
After acceptance of Balance of 2004 servi,
2004 final report. contract not to exceed
Maximum compensation shall not exceed Seventeen Thousand and Forty Dollars
($17,040.00). Final payment shall be made following acceptance of the work by the
City, subject to statutory retentions for unresolved claims.
CSU Intergovernmental Agreement - 2004
EXHIBIT C
Special Provisions
Support Services:
CSU may retain such technical and clerical staff as are necessary to assist in the co:
all work elements identified in Exhibit A. CSU certifies that through experience ar
where required by state or local law, all support staff are qualified to perform such
under direct supervision of the CSU.
Martinez Park Data:
CSU will include all data on the Martinez Park Site (Site #1), including data genera
of contracts with other entities, data supplied by the City, or data supplied by other
Supplemental Services - Additional Surveys:
>letion of
education,
as a result
Following analysis of the survey results, the frequency or number of locations of fisl or benthic
surveys may be modified at the discretion of the City. In the case of such modificati n by the
addition of supplemental surveys, or the deletion of scheduled surveys, this agreeme it 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 perfoi
this Agreement before various agencies, or to otherwise represent the City on matte
quality monitoring. When such cases arise, the City shall authorize and require CS
such services, including a maximum compensation, not to be exceeded. CSU shall
compensated at the rate of $60.00 per hour. CSU shall submit an itemized billing 1
services performed under this provision.
;d under
of water
to perform
such
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Intergovernmental Agreement 2004
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 fbr 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 rvices
performed pursuant to this Agreement, if any, shall be set forth in Exhibit " " as attached
hereto and incorporated herein by this reference.
9. Independent Contractor. The services to be performed by CSU are thoselllof 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, pla Is,
specifications, reports, and incidental work or materials furnished hereunder shall not in
any way relieve CSU of responsibility for the technical accuracy of the wor . 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 def4ult 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 elec 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 2004 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 Pr fessiol
Consultants. The signatories aver that no bribery and corrupt influences or abuse of
public office under the Colorado Criminal Code is present.
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CSU Intergovernmental Agreement - 2004
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 enforc ment of the
Agreement. Any provision of the Agreement providing for arbitration by aiy extra-
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 thday and
year first above written.
,...ATTEST:
fx �.
C.ity Clerk
APPROVED AS TO FORM:
Assistant City Attorney
THE CITY OF FORT COLLINS,
By_
city
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CSU Intergovernmental Agreement - 2004
COLORADO STATE BOARD OF AGRICULTURE
by and through COLORADO STATE UNIVERSITY
APPROVED:
Earlie Thomas
Director of Environmental Health
By L
rohn P. tterback
of Purchasing
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CSU Intergovernmental Agreement - 2004
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 Study:
The City of Fort Collins has discharged treated wastewater into the Cache La Poud
continuously, since 1947. The City operates two wastewater treatment plants that
discharging to the Poudre. Plant #1, at highway 14 and Riverside Avenue, opened
#2, 3036 East Drake Road, opened in December 1968. The Drake Road facility mc-
to either the Poudre River, to the Fossil Creek Reservoir inlet ditch, or to the Rawh.
Station.
The purpose of this study is to determine the status of the aquatic community at sa
stream segments immediately downstream from the wastewater discharges, and to
results with sample sites located above the wastewater discharges. This study will
baseline data, and as the 1991 portion of a long-term study, will be used to determ
of the aquatic community is changing.
The major objective of this study is to gather baseline data on the aquatic comm
conducting surveys of fish populations and species, collection and analyses of b
populations, and calculation of diversity indices. The City will perform flow mE
chemical analyses at the time and sites selected for fish and benthic evaluations.
MethodoloQv:
A. Biosurvev - Fish. The fish surveys will be done by electro-fishing at each site.
3000 or 4000 watt generator, with or aluminum electrodes will be used. Electrofish
done for 45 minutes at each site during the Spring survey and additional upstream a
downstream sampling will extend the time to one hour and ten minutes for the Sum
each site. All fish will be netted and held in live baskets or buckets. All fish being
identified to species, counted, and weighed in aggregate for each species determine(
will show the survey results listing, as a minimum: generic, specific and common n�
type of fish; number; and aggregate biomass in pounds and kilograms. All fish will
to the river as quickly as possible to minimize shock and to reduce fatalities.
River,
capable of
1 1947; plant
discharge
e Pumping
sites in
)are the
if the status
by
; organism
ments and
110 volt,
will be
r survey at
Id will be
Reports
es for each
returned
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
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CSU Intergovernmental Agreement - 2004
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 b� 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 logioN - 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
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
Reporting will be consistent with other reports on the Cache La Poudre River includ ng a
taxonomic hierarchy of organisms found.
C. Microbiological. Total coliform, fecal coliform, and E. coli analyses will be det ined in
the laboratory for each river site using the membrane filter technique standard meth with
appropriate quality control. (See Standard Methods for the Examination of Water an
Wastewater, 19th or latest edition and USEPA, "National Primary and Secondary Dr nking
Water Regulations: Analytical Methods for Chemical and Microbiological Contami nts and
Revisions to Laboratory Certification Requirements" [64 FR 67449]).
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CSU Intergovernmental Agreement - 2004
Detailed Work Program:
A. Scope:
Four separate collections of benthic invertebrates will be made at three sites. Site AI will be at
the Martinez Park - McMurray Nature Area; Site #2 will be near Mulberry Street, a ove the
confluence with Spring Creek; Site #3 will be on the Moore Farm, above the confl nce of the
Box Elder Creek. The collections will be done at times of low flow, with one colle tion in each
of the four calendar quarters, corresponding to the winter, spring, late summer, and all 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 s eys will be
done at times of low flow, and will be done in the following time periods: spring, p 'or to runoff;
and summer. The fish surveys will occur within seven (7) calendar days of the bent ic, chemical
and microbiological surveys.
B. Study Tasks:
1. Collect samples and survey fish populations as defined in the Scope of th 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, benthi
invertebrate sampling, and microbiological testing.
2. One annual report. The report shall include, but not be limited to, a techn cal
description of the methodologies used and results of the investigative studies in suit_
le
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 a an
identification of any significant factors which could influence the replicability of sir
filar
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 mu ally
agreed to by the CSU and the City. CSU shall provide the City with one (1) camera eady copy
of the reported results on quality 8-1/2 x 11 inch white bond paper, following compl tion of the
surveys and services identified and amended to this Agreement.
3. Data in electronic format: Included with the printed annual report, data foi 2004 will
be provided on 3-2 inch PC format disk(s) using the following flat file horizontal da�ro
structures. Data will be provided as separate spreadsheets in either Excel or Quattro format:
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CSU Intergovernmental Agreement - 2004
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)
Total No. of Individuals (Ni) I Diversity Index (Log10) D (Ln) I D Log2 I Pmin(log 2) 1
Dmax(log2) 1 Equitability E I Redundancy R I Evenness Hilsenhoff Biotic I dex
c. Fish Data: I Date I Site I River Mile I Elect. Time I Incidence of Disease
with sub -columns of I Number I Kg I for each species identified.
Named
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CSU Intergovernmental Agreement - 2004
Schedule:
Budget:
EXHIBIT B
Work Schedule
Product
1 st Quarter Report
2nd Quarter Report
3rd Quarter Report
4th Quarter Report
Annual Report
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
Date
May 21, 2004
July 23, 2004
November 19, 2004
February 11, 2005
March 25, 2005
Amount
3,300.00
10,000.00
900.00
2,840.00
$179040.00
Payment:
The payments will be made as described in the Intergovernmental Agreement,
based upon CSU's billing.
Checks will be made payable to Colorado State University.
E
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