HomeMy WebLinkAbout7457RESOLUTION NO. 7457
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND CHADWICK & ASSOCIATES,
INC., FOR PROFESSIONAL SERVICES ASSOCIATED
WITH AQUATIC BIOLOGY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
An Agreement, a copy of which is on file at the office of the
City Clerk and made a part hereof by reference, after having been
approved as to form by the City Attorney, by and between Pueblo,
a Municipal Corporation and Chadwick & Associates, Inc., is
hereby approved.
SECTION 2
Funds for said professional services shall be paid from the
Wastewater - Professional Services Account, Number
014 - 0400 - 435 - 000 - 030 -0020.
SECTION 3
The President of the City Council is hereby authorized to
execute the said Agreement on behalf of Pueblo, a Municipal
Corporation, and the City Clerk shall affix the seal of the City
thereto and attest the same.
INTRODUCED September 12 , 1994
By SAMUEL CORSENTINO
Councilperson
APPROVED:
esident of the Council
ATTEST
C' I-ry CLERK
I
CONTRACT FOR PROFESSIONAL SERVICES
This Contract is between the City of Pueblo ( "Client ") and
Chadwick & Associates, Inc., Aquatic Ecologists ( "Contractor ").
1. Scope of Services.
The Contractor will provide professional aquatic biological
services which will be undertaken in accordance with the Clients
Arkansas River basin Study. These services are described in
Attachment 1, Study Objectives and Proposed Study Plan.
2. Fee.
The fee to be paid by Client to Contractor for completing the
Services is $11,520.00, plus time and materials for any work
done beyond the original scope of services, as described in
Attachment 1, and in accordance with the cost estimate.
3. Payment.
Contractor will submit invoices to Client promptly at the end of
each month this contract is in effect, based on partial or full
completion of the Services and in accordance with the Schedule
of Fees outlined in the cost estimate (Attachment 1). Payment
is due in 30 days.
4. Modification of Contract.
This contract can be modified only in writing and by consent of
both Client and Contractor. Any change in fee caused by an
agreed upon change in Services will be based on the Schedule of
Fees (Attachment 1).
5. Termination.
This contract may be terminated by either party upon 15 days
written notice to the other party.
6. Relationship of Parties.
Contractor is an independent contractor.
7. Insurance.
Contractor will provide all insurance coverage for the benefit
of the Contractor (and the Contractor's employees).
8. Indemnification.
The Contractor agrees to
from all claims, losses,
costs, and judgments that
that result from the acts
Contractor's employees or
9. Records.
indemnify and hold the Client harmless
expenses, fees including attorney fees,
may be asserted against the Client
or omissions of the Contractor, and
agents.
Client agrees to provide all data and records needed to complete
the Scope of Services in a timely manner. Upon termination of
this Contract, the Contractor shall return to the Client all
data and records provided by the Client.
10. Notices.
All notices required or permitted under this Contract shall be
in writing and shall be deemed delivered when delivered in
person or deposited in the United States mail, postage prepaid,
addressed as follows:
Client: Mr. Jim DiIorio
Director of Wastewater
City of Pueblo
211 East "D" Street
Pueblo, CO 81003
Contractor: Chadwick & Associates, Inc.
5575 S. Sycamore Street
Suite 101
Littleton, CO 80120
Such addresses may be changed from time to time by either party
by providing written notice in the manner set forth above.
11. Entire Contract.
This Contract contains the entire agreement of the parties and
there are no other promises or conditions in any other agreement
whether oral or written. This Contract supersedes any prior
written or oral agreements between the parties.
12. Severability.
If any provision of this Contract shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable. If a court finds that any
provision of this Contract is invalid or unenforceable, but then
such provision shall be deemed to be written, construed, and
enforced as so limited.
-2-
13. Waiver of Contractual Right.
The failure of either party to enforce any provision of this
Contract shall not be construed as a waiver or limitation of
that party's right to subsequently enforce and compel strict
compliance with every provision of this Contract.
14. Applicable Law.
This Contract shall be governed by the laws of the State of
Colorado.
For the City of Pueblo
By:
¢fy�'Council President
(/ c
By:
City lerk
By:
Directoi of Finance
Date Sr- n r. /6 ZE
Date
Date S c i° � l c, J9
For: CHADWICK & ASSOCIATES, INC.
By: �a.,, Date
-3-
.1
ATTACHMENT 1
August 4, 1994 CHADWICK & ASSOCIATES, INC.
5575 South Sycamore Street, Suite 101
s,L ittleton, Colorado 80120
Jim Di Iorio Phone (303) 794 -5530
City of Pueblo D Fax (303) 794 -5041
Department of Public Works
211 East "D" Street 'AUG Q 5 I Copy by Fax
Pueblo, CO 81003 Original by Marl
Dept of Utilities
Dear Mr. Di Iorio: MY of Puebio
As you requested in your fax of July 22, 1994, enclosed please find a proposal for investigation of
appropriate aquatic life criteria for selenium, with emphasis on the Arkansas River basin. As outlined
below, this study is proposed to be conducted in phases, providing incremental additional information as
the data warrants.
STUDY OBJECTIVES
It is our understanding that the State of Colorado has proposed to revise their aquatic life criteria for
selenium from the present 135 . .ug/L acute and 17 %g/L chronic to 20 1%/L aarte and 5 A&__rt- aic.
This proposed change is based, primarily, on the information in _ the 1987 EPA Selenium Criteria
document, which in turn relied heavily on studies mews Lake, North Carolina. As we have noted
before in written testimony to the Water Quality Control Commission, we feel that the proposed criteria
are inappropriate for many Colorado streams because of site specific differences in species composition,
physical habitat, stream flow, and organic content of the sediments. In this testimony, we recommended
that studies be conducted to determine what the appropriate criteria would be, based on empirically
derived data collected from Colorado waters.
The study proposed herein was developed for the City of Pueblo and is designed to be conducted in
cooperation with sampling on Fountain Creek by the City of Colorado Springs. The primary objectives
would be to 1) determine background selenium levels in selected streams in the Arkansas River basin,
2) determine if there is a relationship between selenium levels and fish populations in these streams, 3)
evaluate the suitability of the current Colorado selenium standards.
These objectives would be met through a phased study design meant to provide a screening level
determination of selenium effects on Colorado waters. Additional studies are outlined to provide a more
detailed investigation, if warranted by the data
PROPOSED STUDY PLAN
This study would be conducted in a number of steps or phases. The first step is site selection, which
would involve an initial sampling trip to take water samples for selenium analysis from a number of
areas. This data would be used to help select sites for biological sampling with low, moderate, and high
background selenium concentrations. The next phase of the study would include sampling of fish from
these sites. Additional sampling of tissues, sediment, and/or water column selenium levels would be
conducted, if the data from the field population sampling indicates that this is needed.
Jim Di lorio, Gry of Pueblo Cha&4ck & Associates, Inc.
Page 2 August 4, 1994
Phase 1- Water Quality Screening Sampling
For the initial phase of the study, the water quality screening, we would recommend that a number
of streams in the middle Arkansas River drainage be sampled, including Fountain Creek. Potential study
sites could include:
Turkey Creek
Fountain Creek
— Fountain Creek
St: Charles River
Huerfano River
Apishapa River
— T'unpas Creek
— Horse Creek
Adobe Creek
Purgatoire River
Rule Creek
Arkansas River
- downstream of Pueblo Reservoir /upstream of Fountain Creek em., as 7 of +e Wu
- downstream of Fountain Creek/upstream of St. Charles River �se.,�..�M a�/•� ��'a`
- downstream of St. Charles River a Avondale
- a La Junta
- below John Martin Reservoir
- upstream of Pueblo Reservoir
- 0 Piiion (Colorado Springs sampling site)
- Highway SO bridge (Colorado Springs sampling site)
- ® Vineland
- Highway SO crossing
- ® Manzanola/Highway 50
- Highway 194 crossing
- Highway 194 crossing
- ® Highway 194 crossing
- @ Highway 101 crossing
- upstream of John Martin Reservoir
- upstream of Pueblo Reservoir
Lake sites will also be of interest and samples should be collected from these reservoirs:
Pueblo Reservoir
St. Charles Reservoirs ___
Gudahy Reservoir
Lake Meredith
Adobe Creek Reservoir
Horse Creek Reservoir
John Martin Reservoir
Neenoshe/Neesopah Reservoirs
In order to select the appropriate sites for field biological sampling, we feel that more information
is needed on the selenium concentrations found in these waters. This information should incMe:
Selenium forms (selenite, selenate, selenQ- l.- methionin total organic carbon, hardness, alkalinity, and
pH (matching the Colorado Springs parameter list). We would also recommend that additional aliquots
be held in storage for future analyses, as needed, for other potential parameters of interest, such as heavy
metals, pesticides, ammonia, etc. These additional analyses may be recommended based on the results
of the biological sampling.
The results of the screening study should provide a 'snap -shot' of selenium levels from these various
sites. Using this data, the sites for biological sampling would be selected to include a number of sites
with low, moderate, and high selenium concentrations. Since it can take 1 -2 weeks for this type of
chemical analyses, this initial screening should be conducted as soon as possible.
!im Di lorio, Ory of Pueblo
Page 3
Phase 2 - Fish Population Sampling
Chadwlck do Associates, Inc.
August 4, 1994
At the sites chosen through the water quality screening phase, fish populations would be sampled.
This would involve sampling of fish through a measured section of stream, using backpack or bank
elec rofishing gear. A scientific collecting permit is required for this type of sampling. Colorado Springs
has applied for a permit and it may be possible to get theirs amended to cover these additional collecting
sites. However, Chadwick do Associates, Inc. has a statewide collecting permit that will cover these
areas, if needed.
All fish collected would be identified, counted, and measured for length. N the numbers are
excessive, length measurements will be made on a representative subsample. This sampling will provide
information on species composition and relative abundance. The length measurements will enable the
development of length frequency charts to help determine if natural reproduction is occurring in the
stream reach.
A second water quality sample should be taken in conjunction with the fish collections and perhaps
a third sample a month later to provide a better representation of selenium concentrations in the study
streams over time. As noted above, additional water samples should be taken at the same time and held
for analysis of other potential parameters of interest.
Phase 3 - Additional Sampling
In order to determine potential pathways of selenium through the aquatic ecosystem, addition
sampling will need to be conducted on sediments, invertebrate tissues, and fish tissues. During the fish
collection trip, samples would be taken of the sediments, invertebrates would be collected, and
representative fish specimens would be kept for whole body analysis (with an effort to collect like species
through the study area).
However, these sediment, invertebrate, and fish tissue samples would be frozen and stored until the
fish population and selenium water column data have been analyzed and interpreted. This will save the
costs associated with making an additional sampling trip to collect the samples, and allows a
determination as to whether the pathway -type information these additional samples would provide is
actually needed.
COST ESITMATE
Water Quality Sampling
Sampling and analysis for water quality, specifically selenium forms, would be conducted by the City
of Pueblo, with the use of their in -house or contract water quality laboratory. Chadwick do Associates,
Inc. would provide assistance in site selection and interpretation of the water quality data. We can also
provide assistance for the field sampling, if requested.
Jim Di lorio, My of Pueblo
Page 4
Chadwkk do Associates, Inc.
August 4, 1994
Fish & Biological Sampling
The fish population sampling effort would depend upon the number of sites chosen from the initial
selenium screening sampling. For the purposes of this cost estimate, we have assumed that six stream
sites (two sites on the Arkansas River and four tributaries) and three reservoirs would be sampled.
Sediment, invertebrate, and fish tissue samples would be collected, but not analyzed. Should analysis
be requested, this would be provided by Pueblo's in -house or contract lab. We are also assuming that
the City of Pueblo can supply three technicians to assist in the fish sampling at the Arkansas River sites
(along with Bill Van Derveer from Colorado Springs).
Cost Estimate Assumptions
The estimated costs below are for project coordination, field sampling, and report preparation. These
estimated costs do not include any meetings, oral testimony, or additional expert witness support costs,
such as preparation of written testimony and rebuttals. Costs for these activities are difficult to predict
at this time. The costs also do not include effort required for statistical analysis and interpretation of the
sediment, invertebrate, or fish tissue data, since it is unknown how many samples of what type may be
analyzed. We should have a better idea of costs for this additional data interpretation after Phase 2.
11�
Senior Ecologist
8 hrs ® S751hr
S 600
Senior Aquatic Ecologist
35 hrs ® S55/hr
1,925
Aquatic Ecologist
30 hrs 0 S50/hr
1,500
Fisheries Biologist
75 hrs ® S42/hr
3,150
Biological Technician
80 hrs 0 S25/hr
2,000
Secretarial/Word processing
25 hrs ® S26Ihr
(to be conducted by lab chosen by City of Pueblo)
Total Labor = $9,825
Equipment & Rebiliables
Vehicle
$340
Per Diem S75 /day x 6 man/days
450
Field Sampling Equipment (bank shocker, backpack shocker, boat w /shocker, etc)
620
Film tit Processing
35
Communications
75
Computer Usage
125
Photocopying
--A
Total Labor = $1,69S
Laboratory Analyses
(to be conducted by lab chosen by City of Pueblo)
Total estimated costs for C &A
= $11,520
This should provide you with a quick summary of the study plan and estimated costs for Chadwick
tit Associates, Inc. As you will note, the additional selenium pathway work proposed by Steve Hanson
is covered, primarily, by the sediment, invertebrate, and fish tissue samples collected and stored during
the fish shocking effort. These stored samples, when analyzed, will be able to provide the full aquatic
pathway from water to sediment to invertebrates to fish.
!im Di lorio, City of Pueblo
Page S
Chadwick do Associates, Inc.
August 4, 1994
However, this data would not provide the information on birds he proposed or the analysis of fish
eggs and bird eggs for deformities. As far as the fish deformities go, we will certainly look for such
evidence when we sample the fish. The fish length frequency data will provide the information on the
viability of the young (i.e. has successful reproduction occurred). Using the information from this study,
combined with the USGS tissue data, a risk assessment for birds should be possible.
Should you have any other questions regarding this study plan or need additional information
regarding specific tasks, please give me a call. I have also enclosed a copy of my resume, a company
brochure, and a listing of our corporate project experience, as you requested.
Sincerely,
CHADWICK & ASSOCIATES, INC.
2
4:0 �
Steven P. Canton
Senior Vice - President
SPC /dw
Enclosures