Loading...
HomeMy WebLinkAbout10215RESOLUTION NO. 10215 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $131,900.00 AND SETTING FORTH $19,785.00 IN CONTINGENCIES, TO CHADWICK ECOLOGICAL CONSULTANTS, INC. FOR NPDES PERMIT WORK, TESTIMONY, AND EXPERT WITNESS SERVICES. WHEREAS, The City of Pueblo owns, operates and maintains a water reclamation facility subject to the requirements of the Federal Clean Water Act and the Colorado Water Quality Control Act, and WHEREAS, Accurate water quality information is needed to assure that appropriate limits are established in the discharge permit for the water reclamation facility, and WHEREAS, Inaccurate water quality information could result in extreme costs being imposed on the water reclamation facility without a resulting environmental benefit; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ A contract in the amount of $131,900.00 and setting forth $19,785.00 in contingencies is hereby awarded to CHADWICK ECOLOGICAL CONSULTANTS, INC., to perform a selenium source characterization study and provide testimony and expert witness services in hearings before the Colorado Water Quality Control Commission. SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. Funds for said project have been appropriated in the 2004 Sewer User Fund. INTRODUCED M CLE CITY SM 11. — Auaust 23. 2004 Michael Occhiato Councilperson �J�I l�aav � tozrs Background Paper for Proposed RESOLUTION AGENDA ITEM # a DATE: AUGUST 23, 2004 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $131,900.00 AND SETTING FORTH $19,785.00 IN CONTINGENCIES, TO CHADWICK ECOLOGICAL CONSULTANTS, INC. FOR NPDES PERMIT WORK, TESTIMONY, AND EXPERT WITNESS SERVICES. ISSUE Should the City Council award a contract to Chadwick Ecological Consultants, Inc. for NPDES permit work, testimony, and expert witness services? RECOMMENDATION Approval of this Resolution BACKGROUND The consultant will assess fisheries in selected portions of the Arkansas River watershed and correlating the occurrence and abundance of aquatic species with the occurrence of selenium. Chadwick Ecological Consultants, Inc. is a firm that is well -known and respected nationally and with whom the City of Pueblo has a long- standing professional relationship. The work will be conducted over a three - year period. The majority of the work will entail performing biological assessments in water bodies in and around Pueblo and assessing the health of the biological community with respect to selenium concentrations. The objective of the project is to determine whether a site - specific water quality standard for selenium can protect existing aquatic life without requiring major treatment changes at Pueblo's Water Reclamation Facility. This project augments the project awarded to ARCADIS to identify sources of selenium by matching the selenium data to biological assessment data to show whether existing selenium levels harm existing aquatic communities. The project is not directly related to and is not funded by the Stormwater utility. In 2004 the Colorado Water Quality Control Commission placed Segment la of the Lower Arkansas River (Fountain Creek to Avondale) on the list of threatened or impaired waters because selenium concentrations exceed the State - assigned water quality standards. Pueblo's James R. Dilorio Water Reclamation Facility discharges to this segment, so water quality in the segment can directly impact the National Pollutant Discharge Elimination System ( NPDES) permit under which the Water Reclamation Facility operates. The consequence of the river segment being placed on the impaired stream list is that federal law requires that a Total Maximum Daily Load (TMDL) and a Waste Load Allocation (WLA) be performed. Strict application of these processes could result in Pueblo being ordered to remove selenium from its reclaimed water. The cost of selenium removal using reverse osmosis treatment technology was estimated at $35 million in construction costs and $2 million annual operating costs in 2000 dollars. Because Pueblo contributes less than 5 percent by mass of the selenium in the river segment, Pueblo's removing selenium from its effluent would not bring the river segment into compliance. The TMDUWLA process is required where human activities are the source of materials that exceed water quality standards. The City of Pueblo has conducted extensive monitoring and has presented evidence to the State that selenium in the Arkansas River comes from natural sources, not human activity. However, the federal Environmental Protection Agency disapproved Colorado's initial determination agreeing with Pueblo, arguing that insufficient evidence has been presented to demonstrate that agricultural return flows are not significant sources of selenium. Because agricultural return flows are deemed to result from human activity, no waiver from existing standards can be granted until this issue is addressed. In order to protect its NPDES permit against improper imposition of a selenium limit that would not achieve an environmental benefit, the Wastewater Department proposes to enter into an agreement with Chadwick Ecological Consultants, Inc., to further define the health of existing aquatic life and investigate the feasibility of in relations to selenium contribution from agricultural return flows in the Fountain Creek and Lower Arkansas River drainages. FINANCIAL IMPACT Funds for this project are available from the Sewer User Fund and were appropriated in the 2004 budget. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 23` day of August, 2004, by and between the City of Pueblo, a Municipal Corporation ( "Client ") and Chadwick Ecological Consultants, Inc., (hereinafter referred to as "Consultant ") for Consultant to render professional scientific, technical, and consulting services for Client with respect to a study of selenium and fisheries in selected portions of the Arkansas River watershed, and related ancillary services, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL AND SCOPE OF SERVICES (a) Consultant shall satisfactorily perform the professional scientific, technical, and consulting services for the Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Basic Services "). Such services shall include all usual and customary professional scientific, technical, and consulting services including any required drafting or design services incident to its work on the Project. (b) To the extent Consultant performs any of the Project work through subcontractors or sub - consultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors as it is for services performed directly by Consultant. (c) To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. SECTION 2. CONSULTANT'S RESPONSIBILITIES (a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion of Consultant's work, including that performed by Consultant's sub - consultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. -1- (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement, Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto. SECTION 3. FEES FOR SERVICES: PAYMENT. (a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $ 131.900.00 computed as set forth in Schedule 2. (b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the application within 45 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2. (d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES. (a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client which Consultant may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the lesser of $5000 or 5% of the maximum contract price. (c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. SGS (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Consultant is not within the custody or control of Client but must be procured from others. SECTION 5. TERMINATION. (a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of ternation. (d) Consultant's professional responsibility for its completed work and services shall survive any termination. SECTION 6. SITE ACCESS In the event the Project will require access to property not under the control of Client, Consultant and Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in accordance with section I(c) of this Agreement. SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with advance written consent of Client and (ii) in full compliance with the requirements of this Agreement and applicable 9911 federal regulations. SECTION 8. INSURANCE AND INDEMNITY (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because ofpersonal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible acceptable to Client. (c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS (a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through sub - consultants or subcontractors, Consultant shall contractually bind each of its sub - consultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Consultant. (c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 10. MISCELLANEOUS. (a) Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention: -4- Gene Michael, Wastewater Director , Pueblo, Colorado, or to Consultant at 211 East "D" Street, Pueblo, CO, 81003 . Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (b) Entire Agreement This instrument contains the entire agreement between Consultant and Client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and void. (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of Client. (d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Consultant and by Client in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board. (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) Equal Employment Opportunity In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severabilitv If any provision of this Agreement, except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the patties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY O UEBLO, t1 MUNI AL CORPORATION By President ofAe City Council ATTEST: Chadwickyfr4s Aoietes, ln�[ & - e, , l J r c , � (/"a' p 5a /f a c s B y cit c Name: Title: 519 Chadwick Ecological Consultants, Inc. 5575 South Sycamore Street, Suite 101, Littleton, Colorado 80120 • (303) 794 -5530, Fax: (303) 794 -5041, e-mail: Chadeco @aol.com MEMORANDUM To: Gene Michael and Nancy Keller City of Pueblo From: Steve Canton Date: July 19, 2004 Re: Arkansas River Segment la Selenium and Fisheries Study This memo provides a scope of work and estimated costs to collect aquatic biological information to provide a basis for site - specific water quality criteria for selenium in Segment la of the Arkansas River (the Arkansas River from Fountain Creek to the Colorado Canal). Because selenium is a bioaccumulative toxicant, standard methods for developing site- specific criteria (U.S. EPA 1994) are not applicable. A full suite of biological and chemical measures will be needed initially to determine the most appropriate method for establishing selenium site - specific criteria for Segment la of the Arkansas River. Included in this scope of work are the goals associated with the project, the tasks involved in completing the project, a schedule of activities, and a budget to complete the project. Summary of Study Approach The primary goal of this study is to obtain aquatic biological information in order to develop site - specific water quality criteria for selenium in Segment la of the Arkansas River. This will be accomplished by 1) sampling the fish and macroinvertebrate populations to determine the species composition and relative abundance of aquatic organisms, and 2) collection of fish and macroinvertebrates for the analysis of selenium concentrations in their tissues. Fish and macroinvertebrate tissue sampling will occur once each spring and once each fall, beginning in fall 2004 and ending in fall 2006. Water samples will be collected monthly by Pueblo personnel in order to determine selenium concentrations, as well as total organic carbon (TOC) and sulfate, which are selenium toxicity mitigating factors. Sediment samples will be collected by CEC for analysis of selenium concentrations as well as TOC during each biological sampling trip each spring and fall. The water quality, sediment, and biota data correlations will potentially be used to develop site - specific selenium criteria that will be protective of the aquatic biota present in the Arkansas River in Segment la. Study Area For the purposes of this proposal, the following sampling sites will be used: Arkansas River Sites Approximately two miles upstream of Pueblo Reservoir, the Arkansas River at Pueblo Water Quality Station CS -10 at the end of Nyberg Road, Arkansas River Segment ]a Fish Study Scope of Work Chadwick Ecological Consultants, Inc. Page 2 July 19, 2004 the Arkansas River at Baxter, and the Arkansas River at Avondale. Tribum1y Sites Wildhorse Creek, Turkey Creek, Fountain Creek at Pinon, and Fountain Creek near confluence with the Arkansas River. Task 1 - Fish Population Sampling Using electrofishing gear, fish will be sampled at each site in the fall of the year. When possible, bank electrofishing gear will be used to sample fish. In areas where access is limited (e.g., two miles upstream of Pueblo Reservoir) or areas where stream size is too small to utilize bank electrofishing gear (e.g., Wildhorse Creek, Turkey Creek), backpack electrofishing gear will be used. Electrofishing will be conducted for an appropriate amount of time in all habitat types (pool, run, and riffle) present at a site in order collect all species representative of the site. Fish will be identified, weighed, and measured for length in the field. This data will provide species lists, relative abundance (based on catch -per- unit -effort of time), and length - frequency distributions for fish collected at each site. Task 2 - Fish Tissue Sampling Fish tissue will be collected from each sampling site in conjunction with fish population sampling. During the first sampling event, five replicate samples will be collected from at least one species from each trophic level at each site. Expected trophic levels sampled will consist of a small forage fish (e.g., cyprinid species), a bottom feeder (e.g., catostomid species), and a top predator (e.g., centrachid species), if present. Bottom feeders and top predators should be large enough that one individual will serve as a replicate. For the smaller forage species, a composite of several fish will be collected for each replicate. During the first sampling event, it may be useful to collect more than one species per trophic level - however, the budget below assumes only one species per trophic level for cost reasons. As much as possible, species common to all sites will be collected. Fish will be kept on ice in the field until they can be frozen. Frozen fish will be shipped overnight to ACZ Laboratories, Inc. (ACZ) in Steamboat Springs, Colorado. In the lab, whole -body fish tissue analysis will be conducted for selenium and percent solids on each replicate to allow calculation of tissue concentrations on a dry- weight basis. Task 3 - Macroinvertebrate Population Sampling Macroinvertebrates will be sampled at each stream site in the spring and fall of the year by two methods. Open- channel habitats (riffle and nm habitat) will be sampled with a 1 in x 1 m kick net. The net, attached to two poles, is held stationary in the water while the substrate upstream of the net is disturbed by kicking. The flow transports dislodged organisms into the net (Barbour et al. 1999, North Carolina Department of Environment and Natural Resources 2003). For near -bank areas with more complex habitat for invertebrates (pools, shoreline, root masses, macrophyte beds, leaf packs), a rectangular dip net will be used. The samples are taken by physically disturbing the area to be sampled and then sweeping the net through the disturbed area (Barbour et al. 1999, North Carolina Department of Environment and Natural Resources 2003). Arkansas River Segment ]a Fish Study Scope of Work Chadwick Ecological Consultants, Inc. Page 3 July 19, 1004 Collected organisms will be preserved in the field in individual, labeled sample jars with 95% ethanol and submitted to the laboratory of Chadwick & Associates, Inc. (C&A) for analysis. Samples will provide relative abundance and species composition of the macroinvertebrate assemblage. Task 4 - Macroinvertebrate Tissue Sampling Macroinvertebrate tissue will be collected from each sampling site in conjunction with fall macroinvertebrate population sampling. Macroinvertebrates will be collected with a rectangular dip net in all available habitats at a site. At each site, one composite replicate of a minimum of 5 g of macroinvertebrate tissue representative of the community will be collected. Macroinvertebrates will be kept on ice until they can be frozen. Frozen macroinvertebrates will be shipped overnight to ACZ. In the lab, composite macroinvertebrate tissue analysis will be conducted for selenium and percent solids. Task 5 - Substrate Characterization At each study site, substrate composition will be determined by visual observation. Substrate will be observed over a representative reach of stream and categorized as boulder, cobble, gravel, sand, or silt/clay as a percentage of total area. Substrate characterization will also allow for the collection of fine depositional sediments (sand, silt/clay) for chemical analyses, as well as the distribution of fine depostional sediments in the stream channel. The distribution of depositional sediments in conjunction with the measured TOC content of each type of sediment (see Task 7) will allow for the determination of the relative bioaccumulation potential to the aquatic biota of the study area. Task 6 - Water Column Sampling Water column samples will be collected monthly at each study site by City of Pueblo personnel, including one set of samples to be collected at the time of biological sampling. All samples will be analyzed by the City of Pueblo. Task 7 - Sediment Sampling Five replicate samples of two sediment types will be collected at each study site during spring and fall monitoring. Samples will be collected using a fresh, clean, acid - washed, polyethylene scoop at each site. One set of replicates will consist of sand substrate, and the other set of replicates will consist of silt/clay substrate. Sediment samples will be kept on ice and shipped overnight to ACZ. In the lab, sediment samples will be analyzed for selenium, percent solids, TOC, and sulfate. Task 8 - Data Analysis and Potential Derivation of Site - Specific Selenium Standards Upon completion of field sampling activities, metals analysis, and data entry, the water and sediment chemistry data will be used to correlate with occurrence, relative abundance, and tissue selenium concentrations of the resident aquatic biota. As was stated previously, standard methods for developing site specific criteria (i.e., recalculation, water effects ratio, and resident species procedure) are not applicable for selenium. As such, more non- traditional methods will have to be used. Resulting site - specific criteria may include a fish tissue criteria, such as the fish tissue criteria developed for methyl mercury. Another alternative is a performance based criteria utilizing the health of the population in question. The most appropriate type of criteria can not be determined until biological and chemical data are collected. Arkansas River Segment la Fish Study Scope of Work Chadwick Ecological Consultants, Inc. Page 4 July 19, 2004 Schedule of Activities October 2004 Fall fish population and tissue, macroinvertebrate population and tissue, water and sediment sampling. March/April 2005 Spring macroinvertebrate population and tissue, water and sediment sampling. October 2005 Fall fish population and tissue, macroinvertebrate population and tissue, water and sediment sampling. March/April 2006 Spring macroinvertebrate population and tissue, water and sediment sampling. October 2006 Fall fish population and tissue, macroinvertebrate population and tissue, water and sediment sampling. November 2006 - January 2007 Data analysis and preparation of draft report on biological findings, water and sediment chemistry, and development of potential site - specific selenium criteria. February 2007 Draft final site - specific criteria is "noticed" April 2007 Final report on biological findings, water and sediment chemistry, and recommended site - specific criteria, prepared for submission to Water Control Commission in Proponent's Pre - hearing Statement. (Additional efforts and costs are difficult to determine at this time) Cost Estimate The estimated costs below are based upon a number of assumptions, as outlined below. We assume 1) field work will consist of fall and spring sampling trips beginning in fall 2004 and ending in fall 2006, as outlined above, 2) CEC will provide the personnel and equipment necessary to conduct the fish, invertebrate, and sediment sampling outlined above, 3) unforseen weather or flow events will not delay sampling or necessitate more than one trip to the field per season, 4) any access issues involving private landowners to study sites will be handled beforehand by Pueblo, and 5) CEC will produce data reports and other documents to be distributed in written and electronic format. Additional verbal presentations of the results can be done at additional cost. These costs also assume that we will be able to get a scientific collecting permit from CDOW for fish sampling and tissues. The costs do not include costs for preparation of testimony or attendance at the 2007 Triennial Review, as these costs are not possible to estimate at this time. Fall 2 CEC Labor - (field sampling, project coordination, initial data analysis) $ 14,500 C &A - Laboratory Identifications of Macroinvertebrates 2,800 Expenses (per diem, vehicle, equipment, etc.) 750 ACZ Lab Costs (fish and invertebrate tissues, sediments) 6.600 Total for Fall 2004 Sampling event = $ 24,650 i Arkansas River Segment la Fish Study Scope of Work Chadwick Ecological Consultants, Inc. Page 5 July 19, 2004 =W1I1I..1 CEC Labor -(field sampling, project coordination, initial data analysis) $ 10,500 C &A - Laboratory Identifications of Macroinvertebrates 2,800 Expenses (per diem, vehicle, equipment, etc.) 450 ACZ Lab Costs (fish and invertebrate tissues, sediments) 4.800 Total for Spring 2005 Sampling event = $ 18,550 Fall 2005 CEC Labor -(field sampling, project coordination, initial data analysis) $ 14,500 C &A - Laboratory Identifications of Macroinvertebrates 2,800 Expenses (per diem, vehicle, equipment, etc.) 750 ACZ Lab Costs (fish and invertebrate tissues, sediments) 6,600 Total for Fall 2005 Sampling event = $ 24,650 Spring 2006 CEC Labor -(field sampling, project coordination, initial data analysis) $ 11,500 C &A - Laboratory Identifications of Macroinvertebrates 2,800 Expenses (per diem, vehicle, equipment, etc.) 450 ACZ Lab Costs (fish and invertebrate tissues, sediments) 4.800 Total for Spring 2006 Sampling event = $ 19,550 Fall 2006 CEC Labor -(field sampling, project coordination, initial data analysis) $ 16,500 C &A - Laboratory Identifications of Macroinvertebrates 2,800 Expenses (per diem, vehicle, equipment, etc.) 750 ACZ Lab Costs (fish and invertebrate tissues, sediments) 6.600 Total for Fall 2006 Sampling event = $ 26,650 Winter - Spring 2006/2007 CEC Labor (data analysis, report preparation, project coordination) IM850 Total Estimated Cost through 2007 = $131,900 Literature Cited Barbour, M.T., J. Gerritsen, B.D. Snyder, and J.B. Stribling. 1999. Rapid Bioassessment Protocols for Use in Wadeable Streams and Rivers: Periphyton, Benthic Macroinvertebrates, and Fish, 2"" Edition. EPA 841 -B -99 -002. Environmental Protection Agency. North Carolina Department of Environment and Natural Resources. 2003. Standard Operating Procedures for Benthic Macroinvertebrates. Water Quality Section, Raleigh, NC. U.S. Environmental Protection Agency. 1994. EPA Interim Guidance on Determination and Use of Water - Effect Ratios for Metals. EPA - 823 -B -94 -001. Office of Water, Washington, DC.