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SERVICES AGREEMENT
This Services Agreement (Agreement) is entered into by and between The Board of Governors of The
Colorado State University System, acting by and through Colorado State University, an institution of
higher education of the State of Colorado ("University'l, and The City of Fort Collins Colorado, a
Municipal Corporation organized under the laws of the state of Colorado, with a place of business located
at: PO Box 580, Fort Collins, CO 80522 ("Client").
NOW THEREFORE, in consideration of the above and the mutual promises contained herein, the parties
agree as follows:
Independent Contractors. It is understood and agreed by the parties that the University is an
independent contractor with respect to the Client and that this Agreement is not intended and
shall not be construed to create an employer/employee or a joint venture relationship between the
University and the Client. The University shall be free from the direction and control of the
Client in the performance of the University's obligations under this Agreement, except that the
Client may indicate specifications, standards requirements and deliverables for satisfaction of the
University's obligations under this Agreement.
2. Term. This Agreement shall be effective commencing on the date of final signature (the
"Effective Date") and shall terminate on November 30, 2011, unless sooner terminated as
provided herein or extended by written agreement of the parties.
3. Scope of Work. The University agrees to perform the services described in the Scope of Work
attached hereto (tire "Services") and made a part hereof as Exhibit A, under the direction and
supervision of the Principal Investigator, Dr. Brian Bledsoe.
4. Payment. The Client agrees to pay the University for the Services performed under this
Agreement in a fixed price amount of ($64,409.00) payable 50°/a ($32,204.50) upon execution;
40% (25,763.60) at mid -project; 10% (6,440.90) upon University's submission of the final report.
5. Ownership of Information. At all times during and following the term of this Agreement,
including any extensions or renewals hereof, all records, information and data provided to the
University by the Client or developed during the performance of the Services under this
Agreement by the University and/or the Client ("Project Records") shall be and remain the sole
property of the Client. The University retains the right to use the Project Records for academic
and research purposes. Except as provided in paragraph 7 of this Agreement, any Project
Records shall be provided to or returned to the Client upon request after termination of this
Agreement.
6. Reporting Requirements.
6.1 The University agrees that all Project Records as defined in the Scope of Work or
detailed description thereof shall be made available to Client at any reasonable time, subject to
the reporting requirements set forth in the Scope of Work.
6.2 Client shall have the right to audit the records of the University related to the
Services performed under this Agreement, during normal business hours and upon reasonable
notice to University. Such audit may include the financial records of University relating to the
Services. University shall reasonably cooperate with Client in satisfying any requirement or order
• Does the project provide synergistic benefits across large segments of the
system by reconnection of relatively high quality habitats?
• Does the project prevent channels from progressing to an incision or bank
stability threshold?
• What are the potential net improvements in habitat characteristics that currently
have low scores for the most important local descriptors as defined by previous
biological studies (e.g. Zuellig 2001)?
• What is the potential for inducing and sustaining more habitat complexity / pool -
riffle morphology in current glide locations?
Schedule and Deliverables. The estimated schedule for the geomorphic assessments
and MCDA prioritization of candidate stream restoration projects and submission of
deliverables shall be as follows:
1. Kick-off meeting with City, PI, and selected graduate students* ......... outset of project
2. Field work / data collection......................................................................... Months 1-3
3. Data analysis............................................................................................... Month 3-4
4. Review existing stream restoration projects .................................................... Month 4
5. Develop MCDA prioritization with input from the City ................................. Months 4-5
6. Meeting to present findings to City`................................................................ Month 6
7. Submit draft final report ................................................................................... Month 6
6. Final report incorporating feedback from City on earlier draft ......................... Month 7
" Exact date will depend on City of Fort Collins staff availability.
CSU will prepare the following deliverables:
• A final report addressing in detail each of the objectives listed above
• A prioritized matrix of potential restoration projects along with rationales and a
summary of the key pros and cons for each project.
• An organized spreadsheet database of all data collected by creek and segment
• Electronic copies of all field forms and photographs
• An Excel -based MCDA matrix that is readily adaptable to future decisions on
stream restoration within the city
REFERENCES
Bledsoe, B., J. Meyer, E. Holbum, C. Cuhaciyan, S. Earsom, and B. Snyder. 2005.
Eagle River Inventory and Assessment. Final report submitted to the Eagle River
Scope — CSU Geomorphic Assessment
and Prioritization of Restoration Activities
Watershed Council, Colorado Dept. of Public Health and Environment, and Great
Outdoors Colorado, 550 pp. + app.
Harrelson, C.C., C.L. Rawlins, and J.P. Potyondy. 1994. Stream Channel Reference
Sites: an illustrated guide to field technique. Gen. Tech. Rep. RM-245. Fort
Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain
Forest and Range Experiment Station. P.61.
Pomerol, J. C., and Romero, S. B., 2000, Multicriterion Decision in Management:
Principles and Practice, Kluwer Academic Publishers, the Netherlands.
Roesner L.A. and S. Roznowski. 2010. Assessment of Urban Stream Rehabilitation
Potential and Effectiveness of Stormwater Mitigation Techniques in Fort Collins.
Draft Report to the City of Fort Collins.
Schumm, S.A., Harvey, M.D., and C.C. Watson, 1984. Incised channels: morphology,
dynamics and control. Water Resources, Littleton, Colo.
Soar, P.J., and C.R. Thorne. 2001. Channel restoration design for meandering rivers.
ERDC/CHL CR-01-1, U.S. Army Engineer Research and Development Center,
Flood Damage Reduction Research Program, Vicksburg, MS.
Thorne, C.R. 1998. Stream Reconnaissance Handbook: Geomorphological
Investigation and Analysis of River Channels. John Wiley and Sons, 133 pp.
Watson, C.C., D.S. Biedenham, and B.P. Bledsoe, 2002. Use of incised channel
evolution models in understanding rehabilitation alternatives. Journal of the
American Water Resources Association 38: 151-160.
Zuellig, R. E. 2001. Macroinvertebrate and Fish Communities Along the Front Range of
Colorado and Their Relationship to Habitat in the Urban Environment. Thesis,
Department of Bioagricultural Sciences and Pest Management, Coloraod State
University . Fort Collins, CO.
BUDGET:
PERSONNEL SALARIES
Academic Faculty: B. Bledsoe, 1 month
$
11,333
Fringe Rate: 26%
$
Z947
Student Houdy: J. Sholtes, $20 x 680 hours
$
17,600
Fringe Rate: 0.05%
$
88
Student Hourly: TBD, $17.50 x 560 hours
$
9,800
Fringe Rate., 0.05%
$
49
TOTAL SALARY:
$
38,733
TOTAL FRINGE:
$
3,084
TOTAL PERSONNEL:
$
41,817
DOMESTIC TRAVEL:
$
1,450
MATERIALS AND SUPPLIES
$
400
TOTAL DIRECT COSTS:
$
43,667
Facilities & Administrative: 47.5% x total direct costs
$
20,742
TOTAL:
$
64,409
Travel:
Field work - vehicle mileage
Conference presentation - student
Scope - CSU Geomorphic Assessment
and Prioritization of Restoration Activities
issued by any governmental agency or court, including but not limited to the inspection of
University's records or facility.
Confidentiality.
7.1 Each party has certain documents, data, information, and methodologies that are
confidential and proprietary to that party ("Confidential Information"). During the tern of this
Agreement, either party may, as the "Disclosing Party," disclose its Confidential Information to
the other party (the "Recipient"), in writing, visually, or orally. Recipient shall receive and use
the Confidential Information for the sole purpose of the performance of this Agreement, and for
no other purpose (except as may be specifically authorized by the Disclosing Party, in writing).
Recipient agrees not to make use of the Confidential Information except for such Services and
agrees not to disclose the Confidential Information to any third party or parties without the prior
written consent of the Discloser
7.2 Recipient shall use its reasonable best efforts to preserve the confidentiality of the
Confidential Information (using the same or similar protections as it would as if the Confidential
Information were Recipient's own, and in any event, not less than reasonable care). Recipient
shall obligate its affiliates with access to any portion of the Confidential Information to protect
the proprietary nature of the Confidential Information.
7.3 "Confidential Information" shall not include, and Recipient shall have no obligation
to refrain from disclosing or using, information which:
7.3.1 is generally available to the public at the time of this Agreement;
7.3.2 becomes part of the public domain or publicly known or available by publication or
otherwise, not through any unauthorized act or omission of Recipient;
7.3.3 is lawfully disclosed to the Recipient by third parties without breaching any
obligation of non-use or confidentiality;
7.3.4 has been independently developed by persons in Recipient's employ or otherwise
who have no contact with Confidential Information, as proven with written records; or
7.3.5 is required to be disclosed by law; provided that, in the event that Recipient is
required to redisclose Confidential Information under this subsection 7.3.5, it will
promptly notify the Disclosing Party, and the Disclosing Party may, at its sole discretion
and expense, initiate legal action to prevent, limit or condition such redisclosure.
7.4 Notwithstanding any other provision of this Agreement, a party may retain
one copy of the other parry's Confidential Information in its confidential files, for the
sole purpose of establishing compliance with the terms hereof.
8. Publication. The University, as a state institution of higher education, engages only in research
that is compatible, consistent, and beneficial to its academic role and mission. Therefore,
significant results of research activities must be reasonably available for publication. The parties
acknowledge that the University shall have the right to publish results. The University agrees,
however, that during the term of this Agreement and for six (6) months thereafter, the Sponsor
shall have forty-five (45) days to review and comment on any proposed publication Should
Sponsor believe that any part of such publication would constitute the disclosure of Confidential
Information that might be patentable, Sponsor will notify University in writing within such forty-
five (45) day period, of the relevant material and University shall delay publication of such article
for up to an additional ninety (90) days in order to allow Sponsor to diligently pursue the filing of
a patent application. The University agrees that any Confidential Information supplied to it by
the Sponsor will not be included in any published material without prior written approval by the
Sponsor.
9. Equipment. Unless otherwise provided in the Scope of Work or in a writing signed by the
parties, all equipment purchased with funds provided under this Agreement for use in connection
with this Agreement shall be the property of the University, and shall be dedicated to providing
Services under this Agreement while this Agreement is in effect.
10. Liability; Insurance. Each party hereto agrees to be responsible for its own wrongful or
negligent acts or omissions, or those of its officers, agents, or employees to the full extent
allowed by law. Liability of the University is at all times herein strictly limited and controlled by
the provisions of the Colorado government Immunity Act, C.R.S. secs. 24-10-101, at seq. as now
or hereafter amended. Nothing in this Agreement shall be construed as a waiver of the
protections of said Act. During the tern hereof each party represents that it maintains general
liability insurance covering itself and its employees in the performance of this contract, in an
aggregate amount of not less than one million dollars ($1,000,000.00), all or part of which may be
self -insured. A party will furnish the other party a certificate evidencing such insurance upon
written request.
11. Exclusive Warranty; Disclaimer. University warrants that all deliverables provided under this
Agreement will be provided substantially in accordance with the Scope of Work and/or written
protocol provided by Client All other warranties, express and implied, are hereby expressly
disclaimed INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. University shall not be liable for any indirect, special, incidental,
consequential or punitive loss or damage of any kind, including but not limited to lost profits
(regardless of whether or not University knows or should know of the possibility of such loss or
damages). The liability of either party under this Agreement shall not exceed the amount paid or
payable to the University under this Agreement.
12. Use of Tradenames and Service Marks. Neither party obtains by this Agreement any right,
title, or interest in, or any right to reproduce or to use for any purpose, the name, tradenames,
trade- or service marks, or logos (the "Marks"), or the copyrights of the other party. Neither party
will include the name of the other party or of any employee of that party in any advertising, sales
promotion, or other publicity matter without the prior written approval of that other party. In the
case of the University, prior written approval is required from the University Vice President for
Research. In the case of the Client, prior written approval is required from an authorized
representative of the Client.
13. Termination. Any party may terminate this Agreement, without cause, upon not less than sixty
(60) days' written notice, given in accordance with the Notice provisions of this Agreement
Termination of this Agreement shall not relieve a party from its obligations incurred prior to the
termination date. Upon early termination of this Agreement by Client, except in the case of a
material breach by University, Client shall pay all costs accrued by University as of the date of
termination including non -cancelable obligations for the term of this Agreement, which shall
include all appointments of staff incurred prior to the effective date of the termination. University
shall exert its best efforts to limit or terminate any outstanding financial commitments for which
Client is to be liable. University shall furnish, within ninety (90) days of the effective termination,
a final report of all costs incurred and all funds received and shall reimburse Client for payments
which may have been advanced in excess of total costs incurred with no further obligations to
Client.
14. Default. A party will be considered in default of its obligations under this Agreement if such
party should fail to observe, to comply with, or to perform any term, condition, or covenant
contained in this Contract and such failure continues for thirty (30) days after the non -defaulting
party gives the defaulting party written notice thereof. In the event of default, the non -defaulting
party, upon written notice to the defaulting party, may terminate this Contract as of the date
specified in the notice, and may seek such other and further relief as may be provided by law.
Notwithstanding the foregoing, in the event of a breach or threatened breach of paragraph 7 or I 1
of this Agreement, the non -defaulting party may terminate the Agreement immediately without
affording the defaulting party the opportunity to cure, and may seek an injunction or restraining
order as required to prevent unauthorized disclosures of Confidential Information or unauthorized
use of its Marks or copyrights.
15. Notices. All notices and other correspondence related to this Agreement shall be in writing and
shall be effective when delivered by: (i) certified mail with return receipt, (ii) hand delivery with
signature or delivery receipt provided by a third party courier service (such as FedEx, UPS, etc.),
(iii) fax transmission if verification of receipt is obtained, or (iv) email with return receipt, to the
designated representative of the party as indicated below. A party may change its designated
representative for notice purposes at any time by written notice to the other party. The initial
representatives of the parties are as follows:
University:
Jennifer Strange
Office of Sponsored Programs
2002 Campus Delivery
Colorado State University
Fort Collins, CO 80523-2002
Telephone: 970-491-2083
FAX: 970-491-6147
Client:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Telephone: 970-221-6775
FAX: 970-221-6707
A copy of any notice concerning a breach, alleged breach, or dispute arising under this
Agreement shall also be sent to:
Office of General Counsel
01 Administration Building, 0006 Campus Delivery
Colorado State University, Fort Collins, CO 80523-0006
Tel: 970-491-6270
16. Legal Authority. Each party to this Agreement warrants that it possesses the legal authority to
enter into this agreement and that it has taken all actions required by its procedures, bylaws,
and/or applicable law to exercise that authority, and to lawfully authorize its undersigned
signatory to execute this agreement and to bind it to its terns. The person(s) executing this
agreement on behalf of a party warrant(s) that such person(s) have full authorization to execute
this agreement. This Agreement shall not be binding upon Colorado State University, its
governing board or the State of Colorado unless signed by the University Vice -President for
Research or his/her authorized delegate.
17. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and
supersedes any previous contracts, understandings, or agreements of the parties, whether verbal
or written, concerning the subject matter of this Agreement.
17.1 If the Sponsor uses a purchase order or some other source document as a Sponsor
method for paying invoices from the University and the purchase order or source document
contains terms and conditions, those terns and conditions will be null and void and not applicable
to this Agreement. The purchase order or source document is solely an internal Sponsor payment
document.
18. Amendment. No amendment to this Agreement shall be valid unless it is made in a writing
signed by the authorized representatives of the parties.
19. Severability. In the event that any provision of this Agreement is held unenforceable for any
reason, the remaining provisions of this Agreement shall remain in full force and effect.
20. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by and construed
under the laws of the State of Colorado. Any claim arising under this Agreement shall be filed
and tried in the District Court, City and County of Denver, State of Colorado.
21. Assignment. This Agreement shall not be assigned without the prior written consent of the other
party, which consent shall not be unreasonably withheld or delayed, provided however, such
consent shall not be required in the case of a sale or transfer to a third party of all or substantially
all of a Party's business. Subject to the foregoing, this Agreement shall inure to the benefit of and
be binding on the successors and permitted assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below.
The Board of Governors of the Colorado
State University System, acting by and
through Colorado State University:
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Printed Name: David Doty
Associate Director
Title: Sponsored Programs
Date:
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Client: City of Fort Collins
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EXHIBIT A TO SERVICES AGREEMENT
Scope of Work
(Enter or attach a complete description of the work to be performed, including any supplies,
deliverables or work product to be provided by University. Specify time and manner of
performance as required.. Each page of each exhibit should be initialed by the signatories for the
parties).
PRINCIPAL INVESTIGATOR: Dr. Brian Bledsoe
TITLE: "Stream Geomorphic Assessment and Restoration Project Prioritization."
DETAILED DESCRIPTION: As per Exhibit "A" Work Order Form Proposed
City of Fort Collin
Stream Geomorphic Assessments and
Prioritization of Stream Restoration Projects
Statement of Work for Colorado State University / PI Brian Bledsoe performing
geomorphic assessments and a recommended prioritization of stream restoration
activities for the City of Fort Collins
Estimated time frame for completion: 6-7 months
Background. The City of Fort Collins is in the process of planning several stream
restoration projects that will be implemented in the near future. However, the planning
process is limited by a lack of appropriate and up-to-date information on 1) the current
geomorphic and physical habitat state of candidate restoration sites, and 2) the potential
of various projects to achieve the City's management goals in a sustainable and cost-
effective manner. The City also recognizes the need for a systematic and science -
based method for prioritizing candidate restoration projects with respect to multiple
criteria including net improvements in ecologically relevant habitat characteristics,
proximity to geomorphic thresholds, and potential for synergistic, system -level
ecological and aesthetic benefits.
Scope of Work. The geographic focus of this work is the following eight creeks within
the city limits of Fort Collins: Spring, Fossil, Mail, Boxelder (downstream of Vine Dr.),
Clearview, McClellands, Foothills, and Soldier Canyon Creeks and Clearview Channel.
Particular emphasis will be placed on the 12 biological monitoring sites analyzed by
Roesner and Roznowski(2010).
The objectives of this work are to:
• Perform a rapid geomorphic assessment of the eight creeks / channels listed
above and provide information that will include channel evolution stage, vertical
and/or lateral instability, proximity to geomorphic thresholds, and relative
potential for habitat improvement.
• Provide the City with current and detailed information on relevant geomorphic
and habitat characteristics on a segment -by -segment basis for the eight creeks
listed above.
• Review existing stream restoration projects identified by the City and make
recommendations on potential improvements.
• Identify the geomorphic processes and boundary conditions that sustain
meandering channels and other heterogeneous physical habitats and use this
information to assess candidate restoration sites by determining if the local
Scope — CSU Geomorphic Assessment
and Pdodtization of Restoration Activities
geomorphic controls are compatible with sustaining sinuosity, bedforms, and
topographic heterogeneity.
• Develop a modified index of habitat quality that focuses on the specific habitat
attributes associated with improvements in ecological integrity in previous
biological surveys (e.g. Zuellig 2001).
• Develop a multi -criterion decision analysis matrix and rank candidate restoration
projects (including existing proposed projects) based on criteria developed
collaboratively by the City of Fort Collins and CSU.
The individual tasks associated with the objectives are summarized below:
Before proceeding with the data collection effort, we will perform additional inventorying
of previously collected data and prior studies to assess their utility in the present project.
Previous biomonitoring studies will be reviewed to identify the physical habitat factors
that are most strongly associated with improvements in biological integrity and sensitive
taxa. The relevant habitat attributes will be incorporated into field survey forms for use
in quantifying these attributes in the geomorphic assessments.
The PI and graduate research assistants will walk the entire lengths of the eight creeks
photographing and noting important geomorphic and habitat features. In general, data
collection for the geomorphic assessment will follow the format of the Stream
Reconnaissance Handbook (Thorne, 1998) along with supplemental data on planform
controls and the key habitat attributes identified in previous studies within the City. As
part of this task, the streams will be divided into relatively homogenous segments for
further analysis (multiple reaches) based on points of significant grade control and
infrastructure, as well as changes in geomorphic setting (valley slope, lateral
confinement, planform, boundary materials, etc.). The location of each segment will be
georeferenced with a handheld GPS unit and classified according to the Schumm et al.
(1984) channel evolution model (CEM). Incision extent, headcutting, and critical bank
heights and angles for mass wasting will be noted and quantified. Synopfic surveys of
slope and cross -sectional form as well as visual estimates of bed material will be
performed within a subset of representative segments to provide estimates of stream
power relative to dominant grain size class for distinct types of geomorphic settings.
These quantitative geomorphic data will be combined with a visual characterization of
the stages of channel incision as identified in the CEM, as the identification of the five
stages of channel evolution is critical to the selection of appropriate rehabilitation
strategies (Watson et al., 2002). We will identify the spatial distribution of channel
segments by CEM stage, and the resulting longitudinal assessment of channel evolution
will help determine the likely success of a given rehabilitation practice according to the
CEM stages upstream and downstream of a given reach. These efforts will also lead to
the identification of stream segments that can serve as analogs for restoration along
with their range of equilibrium slopes in relation to boundary materials as well as stable
Scope — CSU Geomorphic Assessment
and Prioritization of Restoration Activities
bank heights/angles. Permanent photo points will be established in several segments
of each stream to allow photos to be taken from the same vantage point and in the
same direction (upstream and downstream) in the future.
Data will be collected and analyses will be performed to answer the question —"why do
some stream reaches maintain a sinuous planform, bedforrns, and diverse habitat?"
We will test the hypothesis that there is a specific range of conditions (slope and
boundary materials) within which a meandering planform is a feasible, equilibrium
channel form. To test this hypothesis, more detailed surveys (> 5) will be conducted to
characterize analog sites with desirable planform and habitat characteristics. We will
also survey a comparable number of sites that are dominated by glide habitat despite
lateral adjustability to assess whether the equilibrium slopes set by grade controls or
some other constraint precludes a meandering planform in those locations. The
resulting information on the potential for sinuosity will ultimately be incorporated into the
multi -criterion decision analysis (MCDA) matrix of prioritized restoration sites as
described below. Measurements of longitudinal profiles, cross -sections, and planform
will be performed with a total station and or auto level following standard procedures as
described in Stream Channel Reference Sites: An Illustrated Guide to Field Technique
(Harrelson et al., 1994) and the Stream Reconnaissance Handbook (Thorne, 1998).
Data from the geomorphic assessments of each creek will be analyzed using standard
statistical techniques to discern relationships between geomorphic settings and relevant
habitat characteristics, controls on meandering, and thresholds of bank stability and
incision per the CEM. The results of these analyses will be used to assign diverse
potential benefits to stream segments under consideration for restoration. For example,
the potential for maintenance of meandering and diverse habitat, the potential for
arresting headcutiing and/or mass wasting, and the potential for reconnecting relatively
high quality habitats upstream and downstream will be classified for each candidate
segment and used in the MCDA matrix used to prioritize restoration activities.
Conceptual -level stream restoration altematives for the eight creeks will be evaluated
using a MCDA approach. The MCDA approach (Pomerol and Romero, 2000; Bledsoe
et al., 2005) provides a flexible, rational, and transparent means to establish decision -
making criteria and prioritize altematives. As part of this task, CSU will review existing
stream restoration projects identified by the City and make recommendations on
potential improvements. The projects will be included in the MCDA prioritization. CSU
will collaborate with the City in identifying criteria and sub -criteria, and their relative
importance based on ecological, social, economic, and practical considerations. Simple
numerical and categorical ratings are used to generate a weighted average or score for
each project in a spreadsheet. The MCDA approach is more structured and defensible
than best professional judgment, yet it is much easier to develop and interpret than
more sophisticated optimization schemes. The end product will be a decision matrix
that can be used to contrast and rank restoration alternatives for different streams in the
City. The ecological criteria that can be included in the MCDA at the City's discretion
include:
Soope — CSU Geomorphic Assessment
and Prioritization of Restoration Activities