HomeMy WebLinkAbout124536 DOUGLAS A RICE - CONTRACT - CONTRACT - INTERGOVERNMENTAL AGREEMENTINTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this 7e day of April, 2006 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 herein
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 26, 2007. 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, 2006
October 1, 2006
January 2, 2006
After acceptance of
2006 final report.
$4,361.50
$4,361.50
$4,361.500
Balance of 2006 services
contract not to exceed $4,361.50.
Maximum compensation shall not exceed Seventeen Thousand and Four -Hundred Forty -
Sixty Dollars ($17,446.00). Final payment shall be made following acceptance of the
CSU Intergovernmental Agreement - 2006
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.
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Intergovernmental Agreement 2006
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. 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 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 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 2006 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.
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CSU Intergovernmental Agreement - 2006
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-
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.
.mTr�T
APPROVED AS TO FORM:
Assistant City Attorney
THE CITY OF FORT COLLINS,
By
City Manager
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CSU Intergovernmental Agreement - 2006
COLORADO STATE BOARD OF AGRICULTURE
by and through COLORADO STATE UNIVERSITY
APPROVED:
By
Earlie Thomas
Director of Environmental Health Services
am
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CSU Intergovernmental Agreement - 2006
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
Purpose of Study:
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 at the time and sites selected for fish and benthic evaluations.
Methodology:
A. Biosurvev - 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.
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
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CSU Intergovernmental Agreement - 2006
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 logto ni))/ N
D = (C / N) * (N logioN - E n; logio n;)
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=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]).
Detailed Work Program:
A. Scone:
Four separate collections of benthic invertebrates will be made at three sites. Site #1 will be at
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CSU Intergovernmental Agreement - 2006
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, 92, 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 2006 will
be provided on CD-ROM using the following flat file horizontal data structures. Data will be
provided as separate spreadsheets in either Microsoft Excel format:
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CSU Intergovernmental Agreement - 2006
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 (Logl0) D (Ln) I D Log2 I Dmin(log 2)
Dmax(log2) I Equitability E I Redundancy R I Evenness Hilsenhoff Biotic Index
c. Fish Data: I Date I 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.
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CSU Intergovernmental Agreement - 2006
EXHIBIT B
Work Schedule
Schedule:
Product
1 st Quarter Report
2nd Quarter Report
3rd Quarter Report
4th Quarter Report
Annual Report
Budget:
Item
Fish Surveys - 2.5 sites,
2 surveys (Spring and Summer):
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 - 22% of Total Direct
Charges ($14,300.00)
TOTAL
Payment:
Date
May 22, 2006
July 24, 2006
November 20, 2006
February 26, 2007
March 26, 2007
Amount
3,300.00
10,000.00
1,000.00
3,146.00
$179446.00
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.
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