Loading...
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