Loading...
HomeMy WebLinkAbout12236RESOLUTION NO. 12236 A RESOLUTION APPROVING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $40,945 BETWEEN THE CITY OF PUEBLO AND OTTERTAIL ENVIRONMENTAL, INC. FOR PROFESSIONAL SERVICES ASSOCIATED WITH ENVIRONMENTAL MONITORING WHEREAS, the City of Pueblo owns, operates and maintains a wastewater system subject to the requirements of the Federal Clean Water Act and the Colorado Water Quality Control Act; and WHEREAS, the Colorado Department of Public Health and Environment has proposed changes to the regulations governing beneficial use designations for surface waters, and of Pueblo’s WHEREAS, the proposed changes might affect the compliance status Water Reclamation Facility ; and, WHEREAS, the City has selected OtterTail Environmental, Inc. to provide certain professional services in connection with evaluating the effects of the proposed rule changes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Professional Services by and between Pueblo, a Municipal Corporation, and OtterTail Environmental, Inc., a true copy of which is attached hereto and incorporated herein by reference (the “Agreement”) having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute the Agreement in the name and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Funds for payment for professional services under said Agreement in an amount not to $40,945 exceed shall be paid from appropriated and unencumbered funds budgeted in the City’s 2011 Budget from the Sewer User Fund. INTRODUCED September 26, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION AGENDA ITEM # M-1 DATE: September 26, 2011 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION APPROVING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $40,945 BETWEEN THE CITY OF PUEBLO AND OTTERTAIL ENVIRONMENTAL, INC. FOR PROFESSIONAL SERVICES ASSOCIATED WITH ENVIRONMENTAL MONITORING ISSUE Should the City Council approve an agreement in an amount not to exceed $40,945 with OtterTail Environmental, Inc. for professional services associated with reviewing sanitary environmental monitoring? RECOMMENDATION Approval of Resolution. BACKGROUND The Colorado Department of Public Health and Environment is in the process of changing the regulations that establish beneficial use classifications for water bodies and implementing guidance for methods of assessing use attainment for aquatic life uses through a Multi-Metric Assessment. The new rule could change the evaluation of whether designated uses are attained in the Arkansas River, and this in turn could affect the effluent limits applied to Pueblo’s Water Reclamation Facility. It is in the interest of the to perform a preliminary assessment under the proposed protocols to City of Pueblo determine how the proposed protocols may affect the compliance status of Pueblo’s Water Reclamation Facility. A copy of the agreement with OtterTail Environmental, Inc. for the 2011 Multi-Metric Assessment study is attached. FINANCIAL IMPACT Funds for the 2011 Multi-Metric Assessment study are available from the Sewer User Fund and were appropriated in the 2011 budget. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 26th day of Septembe r; 2011, by and between the City of Pueblo, a Municipal Corporation ( "Client ") and OtterTail Environmental, Inc., a Colorado corporation, (hereinafter referred to as "Consultant ") for Consultant to render professional planning and consulting services for Client with respect to Wastewater Multi- Metric Index Study 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 planning and consulting services for the Project described in more detail in Exhibit 1 attached hereto and incorporated herein by reference (the "Basic Services "). Such services shall include all usual and customary professional planning and consulting services including any required drafting or design services incident to its work on the Project. In the event this Agreement follows the selection of Consultant by Client pursuant to a Request for Proposals, or RFP, all of the requirements of that Request for Proposal or RFP are incorporated herein by reference, unless any requirement is expressly excluded in Exhibit 1 (b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees. (c) To the extent Consultant requirP.s access to private property to pertorm 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 subconsultants 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 Exhibit 2 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. (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Exhibit 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 Exhibit 3 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 $ 40,945,00 , computed as set forth in Exhibit 3 (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 Exhibit 3 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 Exhibit 3 (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 $5,000 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. -2- (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 Exhibit 3 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 Exhibit 3 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. (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 1(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 federal regulations. -3- 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 of personal 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. The Workers' Compensation Insurance policy shall contain an endorsement waiving subrogation against the Client. (ii) Commercial General Liability Insurance issued to and covering the liability of Consultant with respect to all work performed by Consultant and its subcontractors and subconsultants under this Agreement, to be written on a Commercial General Liability policy form CG 00 01, with coverage limits of 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. This CGL policy shall be endorsed naming the Client, its officers, agents and employees as additional insureds. This CGL policy shall also provide coverage for contractual liability assumed by Consultant under the provisions of this Agreement. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible of not more than $ 25,000.00 (iv) Comprehensive Automobile Liability Insurance effective during the period of the Agreement, and for such additional time as work on the Project is being performed, written with limits of liability for injury to one person in any single occurrence of not less that $150,000 and for any injury to two or more persons in any single occurrence of not less than $600,000 This insurance shall include uninsured /underinsured motorist coverage and shall protect the Consultant from any and all claims arising from the use both on and off the Project site of motor vehicles, including any automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased, hired or used by Consultant. (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 subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants 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 -4- 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. RESERVED SECTION 11. 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. Gene Michael, Wastewater Director, 211 East "D" Street, Pueblo, CO, 81003 , Pueblo, Colorado, or to Consultant at Ed Fleming, President, OtterTail Environmental, Inc., 10200 West 44 Avenue, Suite 210, Wheat Ridge, CO 80033 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. In the case of any conflict between the terms of this Agreement for Professional Services and the terms of any attachment or Exhibit to this Agreement, the terms of this Agreement shall govern. (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, which consent may be withheld at Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this subsection shall be void. (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 (1) 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) Severability 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 parties 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. -5- SECTION 12. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time for execution of this Agreement (which may be referred to in this section as this "Contract "), Consultant (which may be referred to in this section as "Contractor ") shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E- Verify Program created in Public Law 208, 104 Congress, as amended and expanded in Public Law 156, 108` Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to §8 -17 5- 102(5)(c) C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this contract; (II) Enter into a contract with a subconsultant that fails to certify to Contractor that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) The following state - imposed requirements apply to this contract: (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E Verify Program or Department Program. (II) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Contract is being performed. (III) If the Contractor obtains actual knowledge that a subcontractor or subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to. A. Notify the subconsultant and the Client's Purchasing Agent within three (3) days that the Contactor has actual knowledge that the subcontractor /subconsultant is employing or contracting with an illegal alien, and B Terminate the subcontract with the subcontractor /subconsultant if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor /subconsultant does not stop employing or contracting with the illegal alien, except that the Contractor shall not terminate the contract with the subcontractor /subconsultant if, during such three (3) days, the subcontractor /subconsultant provides information to establish that the subcontractor /subconsultant has not knowingly employed or contracted with an illegal alien. (IV) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as `CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8- 17.5- 102(5), C.R.S. (d) Violation of this Section 12 by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for Client's actual and consequential -6- damages. (e) As used in this Section 12, the terms `subcontractor' and "subconsultant' shall mean any subconsultant or subcontractor of Consultant rendering services within the scope of this Agreement. SECTION 13. STATE IMPOSED MANDATES REGARDING COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) EMPLOYER CONTRIBUTIONS. Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Contractor shall fill out the questionnaire attached as Exhibit 4 and submit the completed form to City as part of the signed Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF UEBLO, A MUNICIPAL CORPORATION By President of th City ouncil ATTEST APPROVED AS TO FORM. City Attorney City Clerk CONSULTANT OtterTail Environmental, Inc. By r Name: Ed Fleming Title: President, Otter nvironmental, Inc —7-- EXHIBIT 1 SCOPE OF WORK EXHIBIT 1 Scope of Work for the Pueblo Wastewater Department's Multi - Metric Index Study Submitted to Gene Michael, Wastewater Director City of Pueblo Wastewater Department 211 East "D" Street Pueblo, CO 81003 Submitted by DtteThi:1 Environmental z 10200 W 44 Ave , Suite 210 Wheat Ridge, Colorado 80033 Phone. (303) 858 -8350 Fax. (303) 858 -8567 September 5, 201 1 ,ptte rail 1 environmenlaIX September 2011 EXHIBIT 1 Scope of Work for the Pueblo Wastewater Department's Multi- Metric Index Study This proposed Scope of Work (Scope) describes the tasks to be performed by OtterTail Environmental, Inc (OtterTail) in assisting the City of Pueblo Department of Wastewater (Wastewater) in conducting a Multi- Metric Index study (MMI) related to their wastewater discharge from the James R. DiIorio Water Reclamation Facility (WRF) into the lower Arkansas River, segment la. The intent of the study is to provide Wastewater with information pertaining to macroinvertebrate diversity and potential stressors to diversity in anticipation of proposed and potential changes to state water quality and aquatic life use regulations, in particular the MMI standards. Task 1 Develop Study Approach Task 1 1 Review Methods - Review the macroinvertebrate multi- metric index (MMI) method developed by the Colorado Department of Public Health and Environment (CDPHE) and habitat assessment methods that have been used by CDPHE to determine macroinvertebrate stressors. Task 1.2 Review Existing Data - Review existing macroinvertebrate, habitat, and water quality data that correspond to the study area. Task 1.3 Develop Methods - Develop macroinvertebrate and habitat sampling methodology and site locations in consideration of CDPHE and EPA guidance and existing data, as appropriate. Task 2 Methods Task 2 1 Site /Reach Location Selection Methods Macroinvertebrate sampling and associated habitat mapping will be will be completed at three reaches of the Arkansas River as follows. 1) upstream from the WRF discharge; 2) downstream of the discharge, before the determined fully mixed zone but above the CF &I industrial discharge; 3) downstream of CF &I's discharge and downstream of the predicted fully mixed zone. Task 2.2 Macroinvertebrate MMI Sampling & Data Analysis Methods Task 2.2 1 Macroinvertebrate Collection - Collect macroinvertebrate samples from the three Arkansas River sample reaches following or exceeding the protocol outlined in the CDPHE document Aquatic Life Use Attainment. Methodology to Determine Use Attainment for Rivers and Streams dated October 12, 2010 (MMI Methodology). As required, sample collection will be completed between May 1 and October 1 The MMI Methodology only requires one, but due to the hydrological and biological problems with conducting a single sample event during their required window multiple sample events are preferable to gain an understanding of the implications of the results. Dtte'r'Tail 2 Environmental t Scptembcr 201 I Therefore, while due to timing this first year of collection will only include one sample event, if subsequent years are performed at least an additional sample event will be attempted in the first week of May Furthermore, possibly up to two other times would be considered if flows allow, for a total of up to 4 sample events per year Two notable deviations from the MM1 methodology are an Increase from their required one replicate to our proposing three replicates. This is to allow for statistical analysis of the data to determine if the required methods are variable. Furthermore, for the two most upstream sites, triplicate sampling will occur on both sides of the River in order to characterize if there are significant differences between the pre - identified portioning of the stream into Fountain Creek and the Arkansas waters and habitats, and ultimately the portioning of the discharge effluent. Task 2.2.2 Macroinvertebrate Identification - Identify macroinvertebrates to the level of Operational Taxonomic Unit (OTU) as described in the CDPHE Use Attainment Methodology and Recalibration of the macroinvertebrate Multi- Metric Index for Colorado Task 2.2.3 Macroinvertebrate Analysis - Calculate MMI following the CDPI -IE MMI Recalibration Methodology Macroinvertebrate, MMI, and habitat assessment data will be compiled and updated regularly in a database. Data summaries and descriptive statistics will be completed following the completion of seasonal sampling events. OtterTail will compare MMI values for the sample reaches with proposed MMI thresholds for aquatic life use "attainment" and "impairment." Task 2.3 Habitat Sampling & Data Analysis Methods Habitat assessment of the Arkansas River sample reaches will be concurrent with macroinvertebrate sampling. This portion of the study is proposed due to the high likelihood that habitat is a limiting factor in macroinvertebrate diversity rather than water quality alone. Changes in habitat over time in the study area, through high flow scours and the like have been documented and are well known The initial assessment will follow the EMAP methodology described in CDPHE s Colorado EMAP Ecological Monitoring and Assessment report (undated) It is a very detailed, comprehensive, and labor Intensive habitat collection method, therefore, it is possible that after an initial inventory of the reaches, subsequent sampling events habitat collection efforts could be streamlined to focus on the habitats targeted by the MMI In addition to the EMAP, a modified Wolman Pebble count will be conducted as is suggested by the CDPHE in which 400 counts are conducted along 10 bankfull transects For the established habitat /macroinvertebrate reaches, upstream and downstream boundaries will be permanently marked and GPS coordinates entered. Task 2 4 Chlorophyll a Sampling & Data Analysis Methods Collection of periphyton and subsequent calculation of chlorophyll a will be conducted concurrent with the macroinvertebrate sampling. The methodology will be as per the CDPHE's recommended procedures as follows. 1) Collect 15 rocks (3 rocks along 5 equidistant transects) 2) Scrape an area of 0 785 in2 per rock 3) Filter 25 -40 ml of scrapings /water mixture 4) Preserve chlorophyll molecule by freezing Evaluation of the requested method's validity in terms of application to this particular stream and its relation to the state of Montana's use of chlorophyll a will be evaluated LtterTail 3 Environmental Y September 2011 Task 3 Reporting and Analysis A report detailing macroinvertebrate health as indicated by MMI, aquatic habitat, and stressor identification will be provided to Wastewater in a written report. Habitat data, water quality data (routinely collected by Wastewater for permitting), and other information deemed appropriate will be used to identify potential stressors to macroinvertebrate diversity Stressor identification will follow established procedures for development of water quality regulations, such as EPA's Causal Analysis/ Diagnosis Decision Information System (CADDIS) The actual method for determining potential MMI stressors may be modified to represent best available science at the time of the analysis. Identification of potential flaws in the MMI Methodology will be a focus of the analysis and reporting efforts. Raw data and statistical summaries and analyses will be provided with the annual reports If sampling is conducted in subsequent years, the reporting and analysis will be expanded to include determination of variability between years and sites, including natural variability that is occurring at the reference site Natural variability could include high flow scour events altering habitat from one sample event to the next, potentially significantly altering the MMI results. This analysis, along with the triplicate sampling, could be important in determining if the MMI is an effective and correct tool for Wastewater and the city of Pueblo Task 5 Costs Task 1 Develop Study Approach $3,990 Task 2.2 Macroinvertebrate MMI Sampling & Data $14,250 Task 2.3 Habitat Sampling & Data Analysis Methods $12,825 Task 2 4 Chlorophyll a Sampling & Data Analysis Methods $2,850 Task 3 Reporting and Analysis $7,030 Total $40,945 DtterTail 4 Environmental8 September 2011 EXHIBIT 2 WORK SCHEDULE Q t; Environmental EXHIBIT 2 Schedule OtterTail proposes to conduct the initial sampling the last week in September, 2011 if flows allow Given this year's high flows and predicted lack of decrease by that point, OtterTail is prepared to conduct the surveys in October, after the CDPHE's recommended collection period and cite the reason as flow A draft of the report results will be provided no later than December 31, 2011 Colorado Office (303) 858 -8350 • Utah Office (435) 757 -0073 • Alaska Office (907) 770 -6985 info @ottertail.us • www.ottertail.us EXHIBIT 3 HOURLY I. TES JQt ..,, Environmentalz OtterTail Environmental, Inc. 2011 RATE SHEET Technical Titles Rate Principal /Senior Scientist $1 15 Project Scientist $95 Staff Scientist $75 Environmental Technician $55 GIS /Graphics Specialist/ Database Manager $85 Administrative /Accounting $55 Data Entry $45 Colorado Office (303) 858 -8350 • Utah Office (435) 757 -0073 • Alaska Office (907) 770 -6985 info @ottertail.us • www.ottertail.us EXHIBIT 4 PERA QUESTIONNAIRE SCHEDULE 4 COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24- 51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PE Retiree who will perform any services for the City of Pueblo? Yes No ( (b) If you answered "yes" to (a) above, please answer the following question Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No If you answered "yes" please state which of the above entities best describes your business (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Nurnber� (If more than two, please attach a supplemental list) Failure to accurately oomplete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agrcc to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PBRA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Signed r 1 , 20 1 I By ._. Eek '' •: Name: EP F1. =`I" Title: PiZES For purposes of responding to question (b) above, an Aafliliated party® includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood orr adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse=s parents, stepparents, stepchildren, stepsiblings, and spouse =s siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree =s regular salary or compensation. 1