HomeMy WebLinkAboutGrant - Mountain Creek Storm Drain Treatment Wetlands
STATE OF OREGON
DEPARTMENT OF ENVIRONMENTAL QUALITY
NONPOINT SOURCE GRANT AGREEMENT
Project name: Mountain Creek Storm Drain Treatment Wetlands DEQ Agreement # 003-05
EPA Grant Number: C9-000451-04 (G22214-04) CFDA 66.460 PCA # 64743 Project #: W04576-00
This Agreement is between the State of Oregon, acting by and through its Department of Environmental Quality (Agency or DEQ)
and City of Ashland.
Project officer: Pieter Smeenk, Public Works
Organization: City of Ashland Public Works
20 Main Street
Ashland, Oregon 97520
axpayerID#:93-6002117
Phone: (541) 488-5587
Project officer: Wayne Kauzlarich, Watlar Quality Monitoring
Organization: Department of Environmental Quality
221 Stewart Ave, Suite 201
Medford, Oregon 97501
Phone: (541) 776-6010 x240
1. Effective Date and Duration
This Agreement is effective on the date at which every party has signed this Agreement. Unless earlier terminated or
extended, this Agreement expires September 30.2005.
2. Statement of Work
The statement of work (Work), including the delivery schedule for the Work is contained in attached Exhibit A.
3. Agreement Documents
This Agreement consists of this document and the attached Exhibits A, B, C and D which are listed in descending order of
precedence. All attached Exhibits are hereby incorporated by reference.
4. Consideration
Agency will pay Recipient, from available and authorized federal funds as provided in paragraph 8, a maximum, not-to-
exceed amount of $59.000 for accomplishing the work required by this Agreement. Any interim payments to Recipient
will be made only in accordance with the schedule and requirements in Exhibit A.
5. Subcontracts
Recipient will not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior
written consent from the Agency's Project Officer.
6. Amendments
The terms of this Agreement will not be waived, altered, modified, supplemented. or amended, in any manner whatsoever,
except by written instrument signed by both parties. No payment will be made for any services performed before the
beginning date or after the expiration date of this Agreement. If the maximum compensation amount is increased by
amendment, the amendment must be fully effective before Recipient performs work subject to the amlandment. Recipient
will notify DEQ's Project Officer in writing thirty (30) calendar days before this Agreement expires of any proposed
amendments to the Agreement. This Agreement will not be amended after the expiration date.
7. Termination
(a) This Agreement may be terminated by mutual consent of both parties or by Agency upon written notice to the
Recipient. This notice may be transmitted in person, by mail, facsimile, or by Email.
(b) If this Agreement is terminated under Section 7(a), Agency will pay Recipient for unpaid approved invoices and for
authorized and approved expenses incurred under this Agreement but not yet billed.
8. Funds Available and Authorized
The Agency certifies at the time the Agreement is written that sufficient funds are available and authorized for expenditure
to finance costs of this Agreement within the Agency's current appropriation and limitation. Recipient understands and
agrees that Agency's payment of amounts under this Agreement attributable to work performed after the last date of the
current biennium is contingent on Agency receiving from the Oregon Legislative Assembly appropriations, limitations, or
other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to
continue to make payments under this Agreement. In the event the Oregon Legislative Assembly fails to approve
sufficient appropriations, limitations, or other expenditure authority, Agency may terminate this Agreement without penalty
or liability to the Agency, effective upon the delivery of written notice to Recipient, with no further liability to Recipient.
9. Match
Matching funds are required for all 319 projects. The U.S. Environmental Protection Agency (EPA) requires a minimum
40% match of the total cost or portion of the project for which 319 funds are used. The match requirement for this
Agreement is $ 39.333. Additional match is welcome. Matching funds must come from local, county, Dr state sources.
Other Federal sources of funds are not eligible as match. Current match expenditures must be submitted with all
invoices using Nonpoint Source Grant Agreement Expenditures/Match Report form (Exhibit B).
~lpsagr #14 6/2004
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10. Reporting
Recipient must submit performance reports every six (6) months durina the life of the proiect. Reponls are due 15
calendar davs after the end of each reportina period. The Recipient must also submit a final performance report which is
due at proiect completion. Payments may be withheld until Agency receives and approves required reports. The
reports must be submitted to the DEQ Project Officer and may be provided electronically. Reports must generally
contain brief information on each of the following:
(a) A comparison of actual accomplishments with the goals and objectives established for the reponling period.
(b) Reasons why established goals were not met, if appropriate.
(c) Other pertinent information on progress of the project.
Recipient will immediately notify Agency of developments that have a significant impact on the Agreement supported
activities. Notification must also be given in the case of problems, delays or adverse conditions which materially impair
the ability to meet the objectives of the Agreement. This notification will include a statement of the action taken or
contemplated and any assistance needed to resolve the situation.
11. Project Identification
Reports, documents, and signage developed as part of projects funded by this Agreement will contain the following
statement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under
assistance agreement C9-000451-04 to the Oregon Department of Environmental Quality. The contEmts of this document
do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade
names or commercial products constitute endorsement or recommendation for use."
12. Project Evaluation
Grant recipients must evaluate and report on project successes and shortfalls. A report which evaluates project
effectiveness must be submitted to DEQ one year after the submission of the project completion report. Evaluation may
be tailored to the specific project, based on factors such as the project's size and objectives. To the l~xtent possible,
reports should include reductions in non-point source loading achieved and the amount of improvement in water quality
and aquatic habitat as a result of the project.
13. Grant Requirements
(a) As a sub-recipient of federal grant funds, pursuant to this Agreement with the state, Recipient assumes sole liability
for that Recipient's breach of the conditions of the grant, and will, upon Recipient's breach of grant conditions that
requires the state to return funds to the grantor, hold harmless and indemnify the state for an amount equal to the
funds received under this Agreement; or if legal limitations apply to the indemnification ability of the Recipient of grant
funds, the indemnification amount will be the maximum amount of funds available for expenditure, including any
available contingency funds or other available non-appropriated funds, up to the amount received under this
Agreement.
(b) All equipment and materials purchased with funds made available by this Agreement must be uSI~d only for purposes
of the same general nature outlined in this Agreement.
(c) The cost principles of OMS Circular A-21 (Educational Institutions), A-87 (State or Indian Tribal Giovernment), or A-
122 (Non-Profit Organizations) are applicable, as appropriate to this award.
(d) The Recipient agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part
with Federal funds, complies with the Hotel and Motel Fire Safety Act of 1990.
(e) The Recipient agrees to comply with the requirements of OMS Circular A-133, "Audits of States, Local Governments,
and Non-Profit Organizations".
(f) The Recipient agrees to comply with the requirements of Section 6002 of the Resource Conservcltion and Recovery
Act (RCRA) (42 U.S.C. 6962). Regulations under RCRA Section 6002 apply to acquisitions of certain products
where the purchase price of such products exceeds $10,000 or where the quantity of such items acquired in the
course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in
procurement programs to the purchase of specific products containing recycled materials identified in guidelines
developed by the EPA. These guidelines are listed in 40 CFR 247.
(g) Recipient agrees that no portion of the federal grant funds will be used to engage in lobbying of the Federal
Government or in litigation against the United States unless authorized under existing law. The Recipient aorees to
provide certification to DEQ on via FORM DEQ 5700-53 at proiect completion. FORM DEQ!i;700-53 is attached
as Exhibit D. Recipient shall abide by its respective OMS Circular (A-21 , A-87, or A-122), which prohibits the use of
federal grant funds for litigation against the United States. Any Part 30 recipient shall abide by its respective OMS
Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or
other political activities.
(h) Pursuant to Section 18 of the Lobbying Discloser Act, the Recipient affirms that it is not a nonprofit organization
described in Section 501 (c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit organization described in
Section 501 (c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the
Lobbying Disclosure Act.
(i) If Grant Agreement exceeds $100,000, Recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on
Lobbying and to submit certification and disclosure forms accordingly. Any Recipient who makes a prohibited
expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
Npsagr #14 612004
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14. Quality Assurance (QA) Requirements
Acceptable Quality Assurance documentation must be submitted to the DEQ Project Officer within 30 days of the effective
date of this Agreement or another date if negotiated with the DEQ Project Officer and included as a task in the Exhibit A
Statement of Work. No work involving direct measurements or data generation, environmental modeling, compilation of
data from literature or electronic media, and data supporting the design, construction, and operation of environmental
technology shall be initiated under this project until the DEQ Project Officer has approved the quality assurance document.
For those projects identified by the DEQ Project Officer involving environmentally related measurements or data generation,
the Recipient will develop submit the appropriate Quality Management documentation. This documentation may include one
or more of the following: an organization specific Quality Management Plan (QMP), a project specific Quality Assurance
Project Plan (QAPP), a Sampling and Analysis Plan (SAP), Standard Operating Procedures (SOPs), or other Quality-related
documentation. The appropriate quality-related documentation will be determined by the DEQ Project Officer.
A Field Samplina Reference Guide is available for your use at: htto:l/www.dea.state.or.us/lab/aa/techdocs.htm
The policies, objectives, principles, authorities, and responsibilities for implementation of the DEQ Quality Management
System (QMS) are described in DEQ's Quality Management Plan (QMP), which is available for review at:
http://www.deo.state.or.us/about/QualitvManaoement/QMS.htm
15. Small and Disadvantaged Business Utilization Requirements
The Recipient agrees to comply with the requirements of the Environmental Protection Agency's (EPA) Program for
Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements:
(a) The Recipient accepts the applicable FY99 Minority Business Enterprise (MBE)/ Women's' Business Enterprise
(WBE) "fair share" goals/objectives negotiated with EPA by the Agency as follows:
Supplies: 2.70% MBE 1.93% WBE
Services: 5.39% MBE 2.23% WBE
Equipment: 0 MBE 1.47% WBE
(b) The Recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share" objectives of
Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made
available to organizations owned or controlled by socially and economically disadvantaged individuals, women and
Historically Black Colleges and Universities.
(c) The Recipient agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime
contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages.
(d) The Recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR 30.44(b), 40 CFR 31.36(e),
or 40 CFR 35.6580, as appropriate, and retain records documenting compliance.
(e) The Recipient agrees to submit FORM DEQ5700-52A "MBEIWBE Utilization-Federal Grants to the Agency
within 15 days of the end of each Federal fiscal quarter within the Agreement term (January 15, April 15, July
15 and October 15). FORM DEQ5700-52A is attached as Exhibit C.
(f) If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the Recipient agrees to
notify the Agency in advance of any race and/or gender conscious action it plans to take to more closely achieve the
"fair share" objective.
16. Small Business in Rural Areas (SBRA)
If a contract is awarded under this Agreement, the Recipient is also required to utilize the following affirmative steps:
(a) Place SBRAs on solicitation lists.
(b) Make sure that SBRAs are solicited whenever there are potential sources.
(c) Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation
by SBRAs.
(d) Establish delivery schedules, where the requirements of work permit, which would encourage participation by SBRAs.
(e) Use the services of the Small Business Administration and the Minority Business Development A~lency of the U.S.
Department of Commerce, as appropriate.
(f) Require the contractor to comply with the affirmative steps outlined above.
It is recommended that the Recipient keep records of SBRA participation.
17. Captions
The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or
intent of any provisions of this Agreement.
18. Access to Records
The Agency, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized
representatives will have access to the books, documents, papers, and records not otherwise privileged under law of the
Recipient which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts,
and transcript.
19. Compliance with Applicable Law
Recipient will comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the
Npsagr #14 6/7004
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Work under this Agreement. Without limiting the generality of the foregoing, Recipient expressly agrees to comply with
the following laws, regulations and executive orders to the extent they are applicable to the Agreement: (i) Titles VI and
VII of the Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended;
(iii) the Americans with Disabilities Act of 1990, as amended; (iv) Executive Order 11246, as amended; (v) the Health
Insurance Portability and Accountability Act of 1996; (vi) the Age Discrimination in Employment Act of 1967, as amended,
and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam Era Veterans' Readjustment P.ssistance Act of
1974, as amended; (viii) ORS Chapter 659, as amended; (ix) all regulations and administrative rules Hstablished pursuant
to the foregoing laws; and (x) all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations. These laws, regulations and executive orders are incorporated by reference herein to the extent that
they are applicable to the Agreement and required by law to be so incorporated. Agency's performance under the
Agreement is conditioned upon Recipient's compliance with the provisions of ORS 279.312, 279.314, 279.316 and
279.320, which are incorporated by reference herein.
20. Recycled Paper
Recipient will, to the maximum extent economically feasible in the performance of the work authorized by this Agreement,
use recycled paper (as defined in ORS 279.545(4)), recycled PETE products (as defined in ORS 279.545(5)), and other
recycled products (as "recycled product" is defined in ORS 279.545(6)).
21. Merger Clause
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WP.lVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT WILL BIND EITHER PARTY UNLESS IN WRITING
AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, WILL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
REGARDING THIS AGREEMENT. THE RECIPIENT, BY THE SIGNATURE BELOW OF ITS AUTHOI~IZED
REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Approved by the Recipient:
fI;; 7/2:&,1.
,AJ2,X hN~!II/~ iJllUc~ 7'
)i nature/Title ~ Date
Approved by the Agency:
~~
Npsagr #14 6/20)4
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EXHIBIT A
Project name: Mountain Creek Storm Drain Treatment
Wetlands
Project Number:W04576-00
DEQ Agreement No. 003-05
Recipient: City of Ashland
Background- The Mountain Creek Storm Drain Treatment Wetlands Project is located in the Middle Rogue Basin, Bear Creek
Watershed. The project is approximately 6 acres in size and will include planning, monitoring, maintaining an,::! evaluating of a 0.30-
acre storm drain treatment wetland system. The construction of the wetlands is intended to remove pollutants. from surface runoff
and storm water through physical, chemical and biological processes. In addition, the project will restore a fiII'3d-in remnant channel
and vegetate, armor and reconstruct 500 feet of degraded stream channel on Bear Creek with fish-habitat structures.
STATEMENT OF WORK
Task 1 - Storm Drain Water Quality Improvement and Treatment Wetland Construction - Recipient will c:onstruct, plant,
monitor, maintain and evaluate a 0.30-acre storm drain treatment wetland system.
,
I
'1/ A. Recipient will remove former dump site material and excess fill, re-grade site, and construct a bio-swale, construct a storm
water pre-treatment basin and flow splitting structure and associated minor civil structures.
J B. Recipient will complete installation of temporary and permanent irrigation; planting of a variety of native riparian vegetation
including trees, buffer grasses & shrubs will occur after installation of irrigation system.
C. Recipient will monitor performance of constructed wetland and planted vegetation. Monitoring activiti'3S will include collecting
water samples for temperature, turbidity, total suspended solids, E.coli, pH, dissolved oxygen and total phosphate at the
pretreatment basin inlet and the lower pond outfall. Data will be collected on a twice monthly basis starting 30 days after
contract start date until October 2004, and then on a monthly basis from November 2004 through March 2005, and finally on
a twice monthly basis from April 2005 to September 2005.
D. Recipient will evaluate wetlands plantings and apply protection measures against invasive species and wildlife damage, as
well as monitor and mitigate plant attrition due to initial stress, extreme weather conditions, disease, and insect impacts on a
quarterly basis.
Task 2 - Restore Remnant Channel- Recipient will restore a previously filled-in remnant channel; construct protected banks, and
place fish-habitat structures and riparian vegetation.
J A. Recipient will place large woody debris into the restored remnant channel area to provide Coho and Steel head habitat for
rearing and high-flow refuge, as well as for other species.
\j B. Recipient will plant emergent and riparian vegetation along the remnant channel, creek banks and in wetted perimeter.
Protection measures against invasive species and wildlife damage will be applied, as well as monitor and mitigate plant
attrition due to initial stress, extreme weather conditions, disease, and insect impacts on a quarterly basis. The success of
the riparian plantings will be evaluated and replanted as needed.
Task 3 - Public Outreach Implementation Strateav - Recipient will increase the public's understanding of water quality
improvement responsibilities and innovative treatment methods, as well as wildlife and salmon habitat enhancement.
A. Recipient will print and distribute informational publications and graphic aids to school children, recreational users, and
local agencies, as well as conduct regular guided tours for students and the public during the contrac:t period and beyond.
B. Recipient will compose and distribute press releases and feature articles to local paper, environmental groups and
schools. Recipient will share project results with potential Bear Creek developers during the contract period and beyond.
C. Recipient will use the information gathered and lessons learned during project to assist in the creation of a standard
constructed wetlands water quality design guide. This guide will be used for similar development projects that involve
Operation and Maintenance Plan standard practices and performance standards for water quality improvement.
D. Recipient will design and install permanent educational signage and markers at the various facilities on site.
Task 4 - Reportina The Recipient must submit performance reports every six months during the term of the Agreement and a
final performance report at project completion as outlined in the Report Schedule below. The performance and final reports must
, '
be submitted to the DEQ Project Officer and may be provided electronically. Reports must generally contain brief information on
each of the following:
· A comparison of actual accomplishments with the goals and objectives established for the reporting period.
· Reasons why established goals were not met, if appropriate.
· Other pertinent information on progress of the project.
Report Schedule:
A) Recipient must submit a performance report to DEQ no later than January 15, 2005.
B) Recipient must submit a performance report to DEQ no later than July 15, 2005.
C) Recipient must submit a final report to DEQ no later than September 30, 2005. The final report must include all
monitoring reports, printed copies of all numerical data collected during the project and education materials. The report
must also include a summary description of project expenses.
Recipient must immediately notify Agency of developments that have a significant impact on the Agre,ement supported
activities, in the case of problems, delays or adverse conditions which materially impair the ability to meet the objectives of
the Agreement. This notification will include a statement of the action taken or contemplated and any assistance needed
to resolve the situation.
Estimated Budget 319 Non-Federal Match Total Expenditures
Expenditures
Personnel Services $22,300 $ 32,000 $54,300
Services & Supplies: $27,700 $ 8,000 $ 35,700
(materials, equipment and
miscellaneous supplies)
Contracts (monitoring) $9,000 $9,000
TOTAL $59,000 $40,000 $99,000
Budget line items above are based on estimates. Variances between line item amounts require prior written approval from DEQ
Project Officer. The Recipient expects that work will be performed primarily by Recipient staff but contracted labor may be
required in some instances. Variances between the Personnel Services and Contracts categories are allowed without prior written
approval.
The Recipient is required to provide $39,333 in match expenses but estimates that a total of $40,000 will he provided.
CONSIDERATION
a. Recipient may submit multiple invoices for work performed. The invoices will itemize and explain all expenses for which
reimbursement is claimed. Invoices must be submitted with the Non Point Source Grant Agreement Expenditures/Match Report
(Exhibit B). Invoices must be sent to Contracts Office. Department of Environmental Quality. 811 SW Sixth Ave. Portland. OR
97204. Invoices are subject to the review and approval of the DEQ Project Officer. Invoice payments willi be sent to City of
Ashland. 20 East Main Street. Ashland. Oreqon 97520.
b. The Agency will withhold a minimum of 10% of total grant funds for the Project until the Recipient has submitted, and the
Agency has accepted, a final report detailing the project status as described in Task 4 above and a final
Expenditures/Match Report (Exhibit B), final MBEIWBE Utilization Report (Exhibit C) and a Lobbyin!J and Litigation
Certificate (Exhibit D).
TRAVEL AND OTHER EXPENSES Travel and other expenses of the Recipient will not be reimbursed by Agency.
, '
.j
. . . EXHIBITB FILE COpy
Oregon Dept. of Environmental Quality Non Point Source Grant Agrel~ment
Expenditures/Match Report
Project Name: Mountain Creek Storm Drain Treatment Wetlands Agreemelllt Period
." .~ --.- --.-- 8/11/0Ar
PCA / Project Number: PCA # 64743 / ProjecOfW04576-00 From: To: 9/30/05
DEQ Agreement Number: 003-05 Current Expenditure Period
Recipient Name: City of AsWand From: 8(11./ 01 To: 0130165
Recipient Address: 20 Main Street, AsWand,Oregon 97520~ Minimum Match Requirement:
$39;333
..R-fP&G Re1t'tZ~u: #'PN 03- \ 4 Total Agreement Amount
(Including Amendments):
Phone/Fax: (541) 488-5587 $59,000
NPS Grant Expenditures Non-Federal Match Expenditures 'k Total
EXPENDITURE Expenditures
SUMMARY a b a+b=c d e d+e=f c+f
Previously Current Cumulative Previously Current Cumulative
Reported Period to Date Reported Period To Dah~ To Date
Personal cjJ IJ 1(~ ~ q 5
Services 23J CfDS 13J 405 23J5S0 2 3JSS 0
Equipment **
Services/Supplies if] 2-lI) 9QS 21)QCiS tJ 94S0 Q1SO 31/14:;
Travel
Subcontracts cp G {j O(J & SOD rp 0 0 05aJ
Administration
.
Total 11 54900 S4100 cp 33..}OJO 33/fJo B7/100
CERTIFICATION
I certify that this report is true and correct to the best of my knowledge and that all expenditures and obligations
';;.:";~ ~'Jd' m ",o,dance with th, hudg,t ag<e"" upou and wHh oth" P'owdo", ,ontain"" in
o . . 'e ...~ IdPO/Yl Ct, %In~ {!bjr;r;
Signa e Tit Da e
*Other federal funds are not eligible for use as match.
** Valued at $5,000 or more per item.
Npsexp-matcb OS/2004
~
:.:>
tl"~
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CITY OF
ASrlLAND
December 30, 2003
Morgan Pacific, LLC
Attn: Steve Morgan
711 Medford Center, Suite 413
Medford OR 97504
Re: Project No. 03-14; Mountain Creek Wetlands and Drainage Enhancements
Dear Steve:
Thank you for the opportunity to partner on what will be a long-term successful stormwater and
water quality project to the Ashland community. This is the first of its kind as we are embarking on a
large public-private improvement as a result of your new Riverwalk (and also Falcon Hc~ights)
subdivision. We appreciate your willingness to co-sponsor this improvement and look forward to the
benefits of this enhancement.
This project serves many different goals and departments. The objective for Public Works has been
to develop a workable, practical, stormwater and water quality facility, but this project will also
result in other important benefits at a relatively low cost to our community:
· Restoration of wildlife habitat in a place that was once a large private garbage dump.
· Removal of excess fill & re-grading of the bottom lands of Bear Creek to more closely
resemble the historic landscape, as well as improvement of flood protection for 1the Riverwalk
Subdivision.
· Stabilization of a vulnerable cut-bank along Bear Creek that could have required additional
future costs during flooding.
· Re-planting of a section of Bear Creek that was heavily overgrown by blackbenies and other
invasive plants.
· And of great benefit to our community, the establishment of a peaceful pleasant park area
available and accessible to the Public.
This letter is a follow-up summary of the financial status of the Mountain Creek Wetlands and
Drainage Enhancements project and includes all future anticipated costs. We have been working
forward on the basis of the most current estimates we have from your September 2,2003 fax. The
figures are summarized below:
Original Cost (Your Estimate)
Less - Reduced Scope
Total Revised Project Costs
$409,776
- $63.000
$346,776 ,
Funding Sources:
City - Stormwater Funds (direct payment)
City - SDC Credits (TransportationlSD)
Parks - SDC Credits
Parks - In-kind Irrigation and Planting
Total City "Funds"
$35,000
$117,189
$68,629
$42.250
$263,068
Page 1 of2
NOMOCO Direct Contribution
DEQ Grant (anticipated)
$50,000
$59.000
Total Potential Funds Available
Less Total Revised Project Cost
Available for Maintenance
$372,068
$346,776
$25,292
Maintenance for the first two years is a critical piece of the success of the project. I am proposing the
following allocation of costs and time for the maintenance up through October 1,2005:
· Parks personnel will complete, manage and maintain the temporary irrigation system
· Parks personnel replace dead plant material as long as the weeding is completed by Nomoco
· Publk~ Works will fund the water for the plants (NOT intended to fill the ponds)
· Nomoco agrees to provide weeding and mowing to keep the new plants free of competition
(with Parks supervision and observation as needed)
The DEQ grant has not been awarded at this time. Weare anticipating that the grant will be
available after May 1, 2004 and that there will be $100,000 of project work to be completed upon
award. Work includes completion of temporary irrigation, riparian planting, fill relocation, weirs and
drops, treatment control structure and pre-treatment basin, and the overhead and supervision to
complete this work.. This includes the City's stormwater funds as a match to the DEQ grant funds.
If the grant does not materialize, we had discussed splitting the cost of that missed opportunity. If on
October 1, 2004, the DEQ grant funds are not realized, the City will fund $29,500 toward the final
phase of the water quality improvement costs for maintenance of the ponds and surrounding plants.
We have rece ived a request for payment for the aquatic and emergent plants of $4,032, which must
be purchased by a public agency. I propose to pay this cost out of the $35,000 of stormwater funds.
This will reduce the direct funds eligible to Nomoco to $30,968. I will eventually need a list of
specific costs you incurred for the DEQ grant eligible storm drain system components, so that we can
initiate the remaining payment to you after May 1,2004.
Please review my figures and let me know of your acceptance.
#-
Paula C. Brown
Public Works Director / City Engineer
CC: Pieter Smeenk, Associate Engineer
Steve Gies, Acting Parks Director
Attachments: Morgan Pacific Memo to Russ & Evan (9-02-03) including the
City of Ashland Memo to Adam Hanks (8-28-03)
Morgan Pacific Initial Construction Estimate (8-25-03)
PUBLIC WORKS DEPARTMENT
20 E. Main Street
Ashland, Oregon 975:W
www.ashland.or.us
\\COMPAQ1\DA T A\GOV\pub-wrks\eng\03-14\Ltr RE financial summary.doc
Tel: 541-488-5347
Fax: 541-488-6006
m: 800-735-2900
Page 2 of2
r~'
Sep ~2 03 03:42p
.
'Ann'ette' 'Morgan
'MORGAN PACIFIC, L.L.C.
111-222-3333
f'. 1
September 2, 2003
MEMO TO: Russ, & Evan
FROM: Steve
RE: River Walk, Park & Pond Improvements
Russ & Evan,
p-ffS
On Friday I met with P3.ula and Pieter to go over the status of funding. Attached is a copy oftheilr
accounting. As you know, my estimate to complete the Project is $409,776. If the City gets the DEQ Grant
and Falcon Heights does, in fact, go forward we'll have $322,068 in City Funds and Credits. Add to that
the $50,000 that we have agreed to contribute in cash and we're at $372,068. That leaves us $37,708 short.
If the City doesn't get the DEQ Grant (And there's a chance they won't) Paula volunteered that the City
would kick.in one~alfofthe $59,000 ($29,500) which would leave us $67,208 short.
We're working on pulling out some costs. We have redesigned the large coUeaion-basin that willi cut
$16,0~0 from the cost, we're leaving the bio-swale, non~lineated wetlands more natural and reducing the
scope of work which will save $.10,000 and we're increasing the grade and slope of the 3 ponds that wiIl
save 2,000 yds ofoff-baul, eliminating $12,000 from the costs. Add that all up and we can, probably, cut
our costs by $38,000. We're covered if the City gets the DEQ Grant. Ifwe don't need the amended soil for
the emergent zones and riparian areas (I think the soil on-site is adequate. It grew very taU weeds) that will
save us another $1 0,000. We're doing a cut/till, grading-plan for Falcon Heights and it looks like we can
use 2,500 to 3,500 yards offill there which would eliminate $15,000 to $20,000 of cost from the J'ark while
cutting Russ' costs an equal amount due to not needing as much shale. With the $25,000 to $30,000
savings there we're within $5,000 even iftbey don't get the Grant and everything goes as planned.
In my opinion, the only substantial variable is ifwe run into a bunch ofrubble down Wlder the parle while
we're excavating. lbat's what happened on the Ashland Creek Condominiums on Water Street where the
Newbeny Packing Plant had been demolished. They just pushed-out a hole and dozed the timbers and,
whatever, in. But then again. I have no solid reason why we might have the same condition. Let me know
what you think.
Estimate to Build Park and Ponds
Available Funds From City (With Grant and Falcon Heights)
Nomoco Contnbution
Total Available
Shortfall
Add One-Half of Grant
Possible Shortfall
(Less) Reduce Scope of Work Above
SoU Anunendment
Falcon Heights Import
Total Reductions
Shortfall?
Ce. Paula Brown, Pieter Smeenk
City of Ashland, Public Works
$409,776
$322,068
$ 50,000
($372,068)
$ 37,708
$ 29,500
$ 67,208
$ 38,000
$ 10,000
$ 15,000
($ 63,000)
$ 4,208
,',
711 MEDFORD CENTER, SUITE 413 · MEDFORD. OR 97504 · (541) 734-9113 · FAX (541) 734-3888
Date:
To:
From:
Re:
""
CITY OF
ASHLAND
August 28,2003
Adam Hanks
Pieter Smeenk
Bear Creek Storm [)rainagte Enhancements Project (PW #03.14)
The following is a final list of SDC Credits eligible to the Storm Drain Wetlands Project, as well as
other inputs to the project. Please review the figures to be certain all requirements are accounted
for and all rates are correct:
Please make credit as follows:
Parks SDC Credits
62
5
Riverwalk SFR @ $ 1,041.20
Riverwalk ADU @ $ 814.86
Public Works SDC Credits
165003 SF Imperv. Area (Riverwalk) @ $ 0.1689
85060 SF Imperv. Area (FalconHts*) @ $ 0.1689
1 N Mountain Ave Improvements $ 74,954.00
100% $
100% $
Subtotal $
100% $
100% $
$
Subtotal $
* cannot be applied until Falcon Heights Lots are submitted for building permits
Total SDC Credits $
Parks In-kind Contributions
Temporary Irrigation (labor only) $ 25,000.00
Aquatic Planting (labor only) $ 14,000.00
Riparian Planting (labor only) $ 22,500.00
Upland Hydroseeding $ 11,500.00
Public Works Water Quality Funds
1 Pond & Weir Construction $ 35,000.00
1 DEQ 319 Grant (only if approved) $ 59,000.00
CC:
Steve Morgan, NOMOKO
Steve Geis, Ashland Parks Department
50% $
50% $
50% $
100% $
Subtotal $
$
$
Subtotal $
TOTAL $
64,554.40
4,074.30
68,628.70
27,869.01
14,366.63
74,954.00
117,189.64
185,818.34
12,500.00
7,000.00
11,250.00
11,500.00
42,250.00
35,000.00
59,000.00
94,000.00
322,068.34
rA1
r'- - ... .
MORGAN PACIFIC, L.L.C.
'f? -e--\-e\2-
August 25, 2003
illsr FSl'lliA1.E: Based on DoJw1ngs and Design by Nort:h.Jest Biolog{cal
<msu1.t:ing, IBted: August 18, 2003
Iro.JEcr: North H:xntain Parle and Wat:et--Quality ~t
1JNEI1IlmIWll1JiR: KHXD and Cf.ty of Ashl..aOO
L Bear Creek. BaIic Stabilization (Note 1)
a. ~tion, Erosion Cbntrol..........~....................$ 9,300
b. Bank Rip-Rap: 500 Toos @ $25trm...................... ~ ...$ 12,500
c. Tree Root-:Balls, Installed Per Plan.......................$ 11,700
Subtotal. . . .. . . . .. .... . . . . . . . . . .. .$ 331,5<X>
2. Farth<<>rk.-
8. ~tion: 22,632 yds. @ $3/yd...........................$ 67,896
b. Transport 10,<XX> yds. Onsite @ $l.50/yd...................$ 15,000
c. Offbaul 8,000 yds. @ $6/yd................................$ 48,000
Subtotal..........................$ 13:),896
3. Water St:J:u::tures-
8. Diversion St:I:lcture (Fran 48" on N. Mountain).............$ 10,300
b. ~ Sediment Basin......................................$ 32,380
c. Rock weir & Dtop Structures...............................$ 4,500
Subtotal..........................$ 47,180
4. Bio-Swale (Note 1)
3. Clearing, Reroove Brush, Debris............................$ 13,500
b. ~ Cbannel, Slope Banks................................$ 11,000
c. Feoce-Off Retained Trees, ~ Feocing....................$ 12,200
Subtotal. . . . . . . . . . . . . . . . . . . . . . . . . . $ 36 ,,700
5. Overln:ui, Manageuelt, Superv1sioo (Morgan Pacific).. .................. .. ... ...$ 27,,(XX)
1UfAL OF rJlMS 1, 2, 3, 4, 5.........................$ 275,,276 ,',
Note 1: lbt in original estimate. Totals $70,200.
711 MEDFORD CENTER, SUITE 413 · MEDFORD, OR 97504 · (541) 734-9113 · FAX (541) 734-3888
A
J .
\
pg. 2 (N. tbmtnin Park, J.>oms)
PLANl'II:C, IRRIGIITIOO (EstIDBtes by lbrtIH!st B1ol.og1.aa)
1. Aquatic Plants for Treatment Wetlaods/Poms.....................$ 8,000
2. Aquatic Plants for RestOI:atioo. of Riparian Side Ommel.........$ 6,000
3. Ri~ ~Dltiqg zPoess........................................$ 22,500
4. UpIam ~~.............................................$ 11,5CJ()
5. AomeOOed SoU for Plantiqg in Buergent Zones & Riparian Amas...$ 10,000*
6. T~rary Irrigati<n for All Planting Zones.....................$ 25,000
7. Supenisioo. am tb1:l.toring (tb['tblest Biological)...............$ 20,000
8.. ~.lgI1 Chs'b;.................................................... ~ . .. . . . .. .. .. ... ...$ 31,5CJ()
StJbtotal.................................$ l3li,5CJ()
~ ~...........................$ 409,776
*Hay not be needed. Soil <XDIi.tions lJI.:i<mwn at thIB tlJDe
711 MEDFORD CENTER, SUITE 413 · MEDFORD, OR 97504 · (541) 734-9113 . FAX (541) 734-3888