HomeMy WebLinkAboutDOUGLAS RICE - CONTRACT - AGREEMENT MISC -PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day o 2009, nunc pro tunc
January 7, 2009, by and between THE CITY OF FORT COLLINS, C ORADO, 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, 2010. 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. 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 7, 2009
December 7, 2009
March 8, 2010
After acceptance of
2009 final report.
$1,750.00
$1,750.00
$1,750.00
Balance of 2009 services
contract not to exceed $1,750.00.
Maximum compensation shall not exceed Seven Thousand Five Hundred ($7,000.00)
Professional Services Agreement 2009
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. 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 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.
2 of 9
Professional Services Agreement - 2009
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
THE CITY OF FORT COLLINS, COLORADO
B�
City Manager
PURCHASING & RISK MANAGEMENT:
Di ctor of Purchasing &Risk Management
• ��1
ATTEST: %
Zlcp
APPROVED AS TO FORM:
Assistant City Attorney
PROFESSIONAL
By
�& (/2-
Dougla A. Rice, h.D.
Laboratory Director
-3 of9-
Professional Services Agreement - 2009
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 StudX:
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. 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.
s�
Professional Services Agreement - 2009
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 log I ON - Y- 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=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. 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 - 2009
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. Studer:
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)
Professional Services Agreement - 2009
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 2009 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 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 (Log10) 1 D (Ln) I D Log2 j
Dmin(log 2) 1 Dmax(log2) I Equitability E I Redundancy R I Evenness I Hilsenhoff
Biotic Index I
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 - 2009
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 20, 2009
November 16, 2009
February 22, 2010
April 26, 2010
June 1, 2010
Amount
$3,500.00
Benthic macro -invertebrate analyses: Technical supervision,
data analysis, interpretation and reporting $3,500.00
TOTAL: $7,000.00
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 - 2009
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-