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HomeMy WebLinkAbout124536 DOUGLAS A RICE - CONTRACT - AGREEMENT MISC - DOUGLAS A RICE (2)Professional Services Agreement - 2014 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 2-1 day of ►kLeL 2014, nunc pro tunc January 7, 2014, by and between THE CITY OF FORT COLLINS, COLORADO, 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" anc 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 June 1, 2015. 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. Desio 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 5, 2014 December 5, 2014 March 6, 2015 After acceptance of 2014 final report. $2,000.00 $2,000.00 $2,000.00 Balance of 2014 services contract not to exceed $3,000.00. Maximum compensation shall not exceed Nine -Thousand ($9,000.00) 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 -1of9- Professional services Agreement - 2014 Mot: ij 0916 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. 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 $90.00 per hour. The Professional shall submit an itemized billing for such services performed under this provision. -10of9- Professional Services Agreement - 2014 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this Z' day of 1',L-, 2014, nunc pro tune January 7, 2014, by and between THE CITY OF FORT COLLINS, COLORADO, 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 June 1, 2015. 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 5, 2014 December 5, 2014 March 6, 2015 After acceptance of 2014 final report. $2,000.00 $2,000.00 $2,000.00 Balance of 2014 services contract not to exceed $3,000.00. Maximum compensation shall not exceed Nine -Thousand ($9,000.00) 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 -1of9- Professional Services Agreement - 2014 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. 13. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment -2of9- Professional Services Agreement - 2014 verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. a] 6MIL91 Professional Services Agreement - 2014 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. THAOFF T LLINS, COLORADO Gel Director of Purchasing & Risk Management OF F� .••.? ATTEST: ''ti o • .r Q j G7 City Clerk �gDO.••• APPROVED AS TO FORM: Assistant City Attorney PROFESSIONAL By _ A&,- '2 Douglas A. Rice, Ph.D. Laboratory Director -4of9- Professional Services Agreement - 2014 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 nearly continuously since 1947. The Mulberry Water Reclamation Facility (MWRF), located at Hghway 14 and Riverside Avenue, opened in 1947, and can discharge to either the Cache la Poudre River or the Drake Water Reclamation Facility (DWRF). The DWWF, located at 3036 Environmental Drive, opened in December 1968. The DWRF discharges to the Fossil Creek Reservoir inlet ditch and 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 2012 portion of a long-term study, will be used to determine if the status of the aquatic community is changing over time. 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. -5of9- Professional Services Agreement - 2014 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 logio N-(-ni logio ni))/ N D = (C / N) * (N logioN - I ni logio 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 S1= 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. Physical Parameters. Physical parameters to be tested and reported for each site shall include pH, temperature, dissolved oxygen, conductivity and flow. For approved methods, see Standard Methods for the Examination of Water and Wastewater 20th or latest edition and USEPA 40 CFR Guidelines Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Act; National Primary Drinking Water Regulations; and National Secondary Drinking Water Regulations; Analysis and Sampling Procedures. -6of9- Professional Services Agreement - 2014 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. Study Tasks: 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) camera ready copy of the reported results on quality 8-1/2 x 11 inch white bond paper, following -7of9- Professional Services Agreement - 2014 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 2012 will be provided on CD-ROM using the following flat file horizontal data structures or in a format suitable for upload into WQX (STORET) via the Colorado Data -Sharing Network. The survey data also will be provided as separate spreadsheets in Excel format: a. Benthic Data: I Date I Site I River Mile I Substrate I Area Sampled ( Total No. of Taxa (S) I Total No. of Individuals (Ni) I Diversity Index (Log10) I D (Ln) I D Log2 j Dmin(log 2) Dmax(log2) ( Equitability E I Redundancy R I Evenness I Hilsenhoff Biotic Index I b. 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. Professional Services Agreement - 2014 Schedule: Budget: Product 1st 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 25, 2014 November 21, 2014 February 16, 2015 April 24, 2015 June 1, 2015 Otnrnmt $4,500.00 Benthic macro -invertebrate analyses: Technical supervision, data analysis, interpretation and reporting $4,500.00 TOTAL: $9,000.00 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 -9of9- Professional Services Agreement - 2014 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. 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 $90.00 per hour. The Professional shall submit an itemized billing for such services performed under this provision. -10of9- AGREEMENT FOR FISH AND BENTHIC SURVEY SERVICES THIS AGREEMENT is made and entered into this ZI day of 1W,1,"L- 2014, nunc pro tunc January 7, 2014, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City" and the Board of Governors of the Colorado State University System, acting 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 June 2, 2015. 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: September 5, 2014 December 5, 2014 March 6, 2015 After acceptance of 2014 final report. $4,000.00 $4,000.00 $4,000.00 Balance of 2014 services contract not to exceed $2,945.00 Maximum compensation shall not exceed Fourteen -Thousand -Nine -Hundred -Forty -Five ($14,945.00) dollars. Final payment shall be made following acceptance of the work by the City, subject to statutory retentions for unresolved claims. CSU Inw.governmental Agreement - 2014 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. 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. -2of10- CSU InL ,.governmental Agreement - 2014 14. 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. 15. Self Insurance. The parties understand and agree that CSU, as an entity of the State of Colorado, and its employees are self -insured for liability, and that at all times herein, the liability of CSU and such persons shall be strictly limited and controlled by the Colorado Governmental Immunity Act, CRS secs.24-10-101, et seq., as now and hereafter amended. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ATTEST: ��•0f•FQ/� 0- City Clerk • APPROVED AS TO FORM: Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO B4 I Y Gerry S. P 1 Director of Purchasing and Risk Management -3of10- CSU Im,rgovernmental Agreement - 2014 STATE OF COLORADO John W. Hickenlooper, GOVERNOR Board of Governors of the Colorado State University System, acting by and through Colorado State University Dr. Anthony Frank, President By: _ Date: Vice President for Finance REQUIRED APPROVALS: By: -- Gv-r� Date: C G\.b 1'1. Dean, Director, Department Head FUND ACCT NO.: 2-21790 APPROVED AS TO FORM: IJonna W. Aurand, JD, Director Contracting Services Date: YN-n �t c h. I(::? 2 n 1q, -4of10- CSU Int—governmental Agreement - 2014 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 Studv: The City of Fort Collins has discharged treated wastewater into the Cache La Poudre River nearly continuously since 1947. The Mulberry Water Reclamation Facility (MWRF), located at Hghway 14 and Riverside Avenue, opened in 1947, and can discharge to either the Cache la Poudre River or the Drake Water Reclamation Facility (DWRF). The DWWF, located at 3036 Environmental Drive, opened in December 1968. The DWRF discharges to the Fossil Creek Reservoir inlet ditch and 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 2014 portion of a long-term study, will be used to determine if the status of the aquatic community is changing over time. 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 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. 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 Wsmal1]E CSU In' -overnmental Agreement - 2014 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 logio N - ( -ni logio ni))/ N D = (C / N) * (N 1og10N - Y- ni logio 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=S1/S where E = equitability (range 0 - 1.000) S = number of taxa in the sample S1= 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. Physical Parameters. Physical parameters to be tested and reported for each site shall include pH, temperature, dissolved oxygen, conductivity and flow. For approved methods, see Standard Methods for the Examination of Water and Wastewater 20th or latest edition and USEPA 40 CFR Guidelines Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Act; National Primary Drinking Water Regulations; and National Secondary Drinking Water Regulations; Analysis and Sampling Procedures. -6of10- CSU Ir governmental Agreement - 2014 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 43 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. Study Tasks: 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) camera ready copy of the reported results on quality 8-1/2 x 11 inch white bond paper, following -7of10- CSU Ir -overnmental Agreement - 2014 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 2014 will be provided on CD-ROM using the following flat file horizontal data structures or in a format suitable for upload into WQX (STORET) via the Colorado Data -Sharing Network. The survey data also will be provided as separate spreadsheets in Excel format: a. 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) ( D (Ln) I D Log2 Dmin(log 2) Dmax(log2) I Equitability E I Redundancy R I Evenness I Hilsenhoff Biotic Index b. 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. -8of10- CSU InL,,.governmental Agreement - 2014 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, 1 surveys (Spring): Benthic Analyses - 2.5 sites with 4 surveys 10 samples: Physical Analyses - 2.5 sites, 4 surveys, 10 samples, Overhead - 22% of Total Direct Charges ($12,000.00) TOTAL Payment: Date July 25, 2014 November 21, 2014 February 16, 2015 April 24, 2015 June 1, 2015 Amount 3,000.00 8,750.00 500.00 2,695.00 $14,945.00 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- CSU Int,,.governmental Agreement - 2014 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. 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 $90.00 per hour. CSU shall submit an itemized billing for such services performed under this provision. Professional services Agreement - 2014 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. 13. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment -2of9- Professional Services Agreement - 2014 verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 3of9- Professional Services Agreement - 2014 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. OF /ATTEST: c� City Clerk D •••••O••'• ,Ar APPROVED AS TO FORM: Assistant City Attorney THE FFORT LLINS,COLORADO Gerry S. Pa Director of Purchasing & Risk Management PROFESSIONAL By /n- g. Douglas APRice, Ph. . Laboratory Director -4of9- Professional services Agreement - 2014 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 nearly continuously since 1947. The Mulberry Water Reclamation Facility (MWRF), located at Hghway 14 and Riverside Avenue, opened in 1947, and can discharge to either the Cache la Poudre River or the Drake Water Reclamation Facility (DWRF). The DWWF, located at 3036 Environmental Drive, opened in December 1968. The DWRF discharges to the Fossil Creek Reservoir inlet ditch and 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 2012 portion of a long-term study, will be used to determine if the status of the aquatic community is changing over time. 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. -5of9- Professional Services Agreement - 2014 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 logloN - 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 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. Physical Parameters. Physical parameters to be tested and reported for each site shall include pH, temperature, dissolved oxygen, conductivity and flow. For approved methods, see Standard Methods for the Examination of Water and Wastewater 20th or latest edition and USEPA 40 CFR Guidelines Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Act; National Primary Drinking Water Regulations; and National Secondary Drinking Water Regulations; Analysis and Sampling Procedures. 6of9- Professional services Agreement - 2014 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. Study Tasks: 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) camera ready copy of the reported results on quality 8-1/2 x 11 inch white bond paper, following 7of9- Professional Services Agreement - 2014 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 2012 will be provided on CD-ROM using the following flat file horizontal data structures or in a format suitable for upload into WOX (STORET) via the Colorado Data -Sharing Network. The survey data also will be provided as separate spreadsheets in Excel format: a. 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) I D (Ln) I D Log2 Dmin(log 2) Dmax(log2) I Equitability E I Redundancy R I Evenness ( Hilsenhoff Biotic Index b. Fish Data: 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. :. r Professional Services Agreement - 2014 Schedule: Budget: EXHIBIT B Work Schedule Product Date 1st Quarter Report July 25, 2014 2nd Quarter Report November 21, 2014 3rd Quarter Report February 16, 2015 4th Quarter Report April 24, 2015 Annual Report June 1, 2015 Item Amount Fish survey analyses: Technical Supervision, data analysis, interpretation and reporting $4,500.00 Benthic macro -invertebrate analyses: Technical supervision, data analysis, interpretation and reporting $4,500.00 TOTAL: $9,000.00 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 9of9-