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Home My WebLink About2010-187 IGA - DEQ OR State Treasury DEQ AgrBBment III R020-10 LAB SERVICES AGREEMENT Analyels of P3 List Compounds This Agreement is between the City Of Ashland (City), and the State of Oregon, acting by and through its DBosrtment of Environmental QualItY (DEO). City Contact Data DEQ Contact Data City Contact: TeITY Eliis DEQ Contact Greg Pettit City Of Ashland Dept Environmental Quality gO N Mountain Ave Laboratory & Environmental Assessment Division Ashland OR 97520-2014 3150 NW 229~ # 150 Hillsboro OR 97124 , Phone: 50~3-5705 1. Background The 2007 Oregon Legislature passed Senate 8111737 (S8 737). S8 737 directed CEO to compile e prioritized list of persistent pollutants in Oregon waters. DEQ developed B prioritized list (P3 List) thstlncludes 118 persistent pollutants. S8 737 requires that by July 1, 2011 the 52 largest waste water treament plants In the state must develop plans for reducing the persistent pollutants end effluent sampling is needed. Commercial analytical capabilities are not readily available for many of the compounds on the lisL The DEO LBboratory has ecqulred the analytical capabilities to analyze for these compounds as a result of Its ongoing taxics mon~oring programs. This Agreement outlines the process and requirements related to the DEO's analysis of water quality semples submitted by or on beha~ of the City for the persistent pOllutants included on the P3 List 2. Authority DEO has authority under ORS 468.035 (1)(b) to conduct and prepare, independentiy or in cooperation with others, studies, investigations, research and programs pertaining to the quality and purity of the air or the waters of the state, end under ORS 468.035 (l)(d) may enter into contracts necessary to carry out those purposes. 3. EffBctlve DatB and Duration this A9reemBnt is effective on thB date of the last required signature. Unless Bariier terminated or extended, this Agreement expires June 30. 2011. 4, Statemsnt of Work DEO will conduct laporatory analysis on 2 sets of water samples (Samples) submitted by or on behalf of the City. The Sample collection and analysis'must comply with the requirements outiined in the Qua/ity Assuran~ Project Plan and Sampling and Ana/ysis Plan approved by DEO. ThB Samples must be submitted to the DEO Laboratory at 3150 NW 22911l Avenue Su~e 150 Hillsboro. OR on dates and times determined In advance by DEO. The dates Bnd times for the Sample submittals will be included in thB OUBlity Assurance Project Plan. DEQ will submit an Analysis Report to thB City for each set of Samples submitted to the DEO within sixty (60) days of DEO's receipt of the Samples. 5, ConsldBratlon DEO will submit invoices to the City alter issuance of each of the Analysis Reports. The City will pay DEQ $6,975 for the first SamplB set submitted and analyzed by DEO within 30 days of receipt of an Invoice. The City will pay Bn amount not to exceed $6,975 for the second Sample set submitted and analyzed by DEO within 30 days of receipt of an invoice. ThB maximum, not-ta-exceed compensation payable to DEO under this Agreement is $13,950. 6. Agreement Documents This Agreement consists of this document and the attached Exhibit A. 7. Amendments The terms of this Agreement may not be waived, altered, modified, supplemented, or emended, In any manner whatsoever, except by written instrument signed by both parties. lithe maximum compensation emount is increased by amendment of this Agreement, the amendment must be fully effective before DEQ performs work subject to the amendment. .No paymBnt will be made lor eny services performed before the effective date or Biter the expiration date of this Agreement. 8. Termlnatlon This Agreement may be terminated by mutual consent of both parties, or by either party upon 30 days written notice to the other party. This notice may be transmitted in person, by meil, facsimile, or Emai!. If this Agreement Is terminated under Section 8, the City must pay DEO for authorized work performed but not yet paid. . 9. Funds Available and Authorized The City certifies at the time the AgreemBnt is written that sufficient funds are available and authorized or wiil be available and authorized for expenditure to finance costs of this Agreement. DEQ understands and agrees payment of amounts undar this Agreement is contingent on City receiving appropriations, IIm~ations, allolments or other expenditure authority sufficient to allow City, In the axarcise of its reasonable administrative discretion, to continue to ma.kB payments under this Agreement. . 10. Captlons 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. 1 11. Compliance with Applicable Law. DEO will comply with all federal, Oregon, and local laws, regulations. rules, orders and ordinances applicable to this agreement. 12. No Third Party Beneficiaries. The State of Oregon end the City are the only parties to this Agreement and are the only parties Bntitled to enforce the tBnns ofthis Agreement. Nothing in this Agreement gives. is intended to give, or shall be construed to give or provide eny benBfit or right not held by or made generally available to the public, whBther directly, indirectly or otherwise, to third persons unless the third persons are individually identified by name herein and expressly described as intended beneficiaries of the tenns of this AgreemenL The city and DEO Bre intended beneficiaries of the tenns of this Agreement. 13. Severability. If any provision of this Agreementis declared by e court of competent jurisdiction to be illegal or otherwise Invalid, the validity of the remaining tenns and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particulB' provision held to be invalid. 14. Survival. Sections 5, 8 and 13 of this Agreement shall survive tennination or expiration of this Agreement. 16, Merger Clause THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BElWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITlNG AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL 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. ALL PARTIES, BY THE SIGNATURE BELOW OF THEIR AUTHORIZED REPRESENTATIVES, HEREBY ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREESTO BE BOUND BY ITS TERMS AND CONDITIONS. .......'''.,.,,~ bP/io ~ Date PrlntedName/Title: ~ >~J ~~ Approved by DEO: s!)..dto Greg Pettit 2 EPA 1694 Chlordane,trans- DDD, 4,4'- DDE, 4,4'- DDT, 4,4'- Dieldrin Endrin Heptachlor Heptachlor epoxide Hexachlorobenzene IHCB] Hexachlorocyclobexane, a1pba- Hexachlorocyclohexane, beta- {ED} Hexachlorocyclohexane, Ramma- [Lindane] lsodrin Mirex Nonachlor, cis. Nonachlor, trans- Oxychlordane, sin~de isomer Trich1oropheno~ 2,4,5- Trichloropheno~ 2,4,6- Pendimethalin Roxithromycin Pimozidc Triclosan [2,4,4'-trichloro-2'-bydroxydiphenyl ether] Galaxolide jHHCB] Tetrabromobispbenol A [TBBPA] Fipronil Linuron Diethylstilbestrol (ED} SilOSlanOl, beta- [StiRmastanol] {ED} Sitosterol, beta- lED} Cholesterol Coprostanol 2,3,7,S-TCDD {as TEO} PerOuoroheptanoic acid [PFHpA] Perfluorononanoic acid [PFNA] Perfluorooctane sulfonamide [PFOSA] Perfluorooctane sulfonic acid (PFOSl Perfluorooctanoic acid [PFOA] PBDE-047 [2,2',4,4'- Tetrabromodiphenyl ether] PBDE-099 [2,2',4,4' ,S-Pentabromodiphenyl ether] PBDE-IOO [2,2',4,4',6-Pentabromodiphenyl ether] PBDE-IS3 [2,2',4,4',S,S'-hexabromodiphenyl ether] PBDE-209 [decabromodipbenyl ether] Musk indanc Musk ketone Musk tibetene Musk xylene Cyclopenlasiloxane, decaroethy!- [OS] Cyclotetrasiloxane, octamethyl- [04] Dinoseb PCB-02S [2,4,4'-trichlorobiphenyl] PCB-oS2 [2,2',5,5'-tetrachlorobiphenyll PCB-077 [3,3',4,4'-letrachlorobiphenyl] PCB-oSI (3,4,4',S-tetrachlorobipheoyl) PCB-IOI [2,2',4,S,S'-penlachlorobipbenyl] PCB-I 05 [2,3,3',4,4'-pentachlorobipheriyl] PCB.11412,3,4,4',S-peotacblorobipbenyl] PCB.IIS 12,3',4,4',S-penlachlorobipbenyl] PCB.123 [2',3,4,4"5-penlachlorobipbenyll PCB-126 [3,3',4,4',S-pentachlorobipbenyl] PCB-138 12,2',3,4,4',S'-bexacblorobipbenyll PCB-IS3 [2,2',4,4',S,S'-hexabhlorobiphenyll PCB-IS6 [2,3,3',4,4',S-hexachlorobipbenyll PCB-IS7 [2,3,3',4,4',S'.bexacblorobiphenyl] PCB.16712,3',4,4',S,S'-hexachlorobiphenYIl PCB-169 [3,3',4,4',5,5'-hexachlorobiphenyl] PCB. 180 [2,2',3,4,4',S,S'-heptachlorobiphenyl] PCB-189 [2,3,3',4,4',S,S' .heptachlorobiphenyl] Bis (tributyltin) oxide [TBTO, hexabutyldistannoxanel EPA 1694 Net! EPA 8321 EPA 1698 EPA 1613 EP A 537 EPA 1614 GClMS GCIMS 8M 6640 EPA 1668 EPA 8323 4 EXHIBIT A LAB SERVICES AGREEMENT Analysis of P3 List Compounds DEO will Bpprove B Quality Assufllnce Projact Plan (QAPP) and a Sampling and Analysis Plan (SAP) for the sample collection and analysis prtor to sample collection. The OAPP specifies the mBthods by which the samples will be collected, submitted, and analyzed; the specific quaiity assurance procedures Including duplicate samples, field blanks, matrix spikes and other quality assurance samples that may be analyzed to validate and charactertze data quality; the data quality objectives, and the procedures for data quality review. The target list for analytes and the proposed methods for BnBlyses to be included in the OAPP Is Included below. Changes to the list may be made as a result of method validation results. The approved QAPP will include the final list of analytes and methods. DEO will provide an Analysis Report to each pennittee that (1) reports concentrations of each P3-listed pollutant in their effluent sample; and (2) lists the trigger level for each pollutant. ThBse results will be uploaded into DEO's Laboratory Anaiytical Storage Bnd Retrteval (LASAR) database, which is available to the public. In the process of running the methods to analyze for thB P3 pollutants, analyles routinely included In thesB methods analyses but not on thB P3 List may be detected. DEO will report any analytes detected above the laboralory's level ofquantitation in a separate report. DEO will review this information in a joint meeting wilh Interested facilities and ACWA members in November 2010 prior to uploading the data Into DEO's LASAR database. DEQ will meet again with 'Interested facilities and ACWA members in 2011 once the data are available following the winler sampling event. The additional anBlytes may include a vartety of parameters which mayor may not be relevant for the Individual facilities. Parameters may include those for which the facility has existing penntt effluenllimits or for which the facility does not have pennit limits but for which there are water quality standards. Additional analytes may also include parameters for which thBre are not applicabie standards and for which the facility does not have effluent limits. Method EPA 1630 EP A 200.8 Dus EPA 200,8 Total EP A 8270 Aoalyte Methylmercury 11+ ion] Arsenic [dissolved] Cadmium Compounds [dissolved] Lead Compounds [dissolved] Selenium CompoUnds [totall Prochloraz lED} Tris.(I,I-dimethylethyl}pheooL 2,4,6. [Alkofeo B] Benzotrichloride [trichloromethylbenzeoel Bifenthrin Deltamethrio [decamethriol Hexabromoeyelodecane [HBCDl Hexachlorophene Lambda-cyhalothrio . Myelobutanil Octachlorostyrene Pentaehloroanisole [2,3,4 ,S ,6. Pentaehloroanisole 1 Chlord..one [Kepone 1 Heptaehloronaphthalene Hexachloronaphthalene Pentachloronaphthalene Pentachloronitroben2cne Tetrachloronaphthalene Trichloronaphthalene Dicorol Pentachlorobenzene Indeno(l,2,3-ed}pyrene Anthracene Benz(a)antbracene Benzo(a)pyrene Benzo(b)nuoranthene Benzo(R,h,i)perylene Benzo(k)fluoranthene Chlorpyrifos (Lorsban, Dursban) Chrysene [benzo(a)phenanthrenel Deeafluorobiphenyl Diazinon Dibenz(a,h)anthracene Enclosulfan sulfate Esfenvalerate Fluoranthene [BenzoCi,k)fluorenel Methylphenanthrene, 1- Methylpyrene, 1- Oxyfluorfen Phenanthrene Pyrene Terphenyl,1>' Trifluralin Ch1~rdane, cis- 3 -Oregon ~codore R. Kulongoski, Co\'cmor Department of Environmental Quality Laboratory and Environmental Assessment Division 3150 NW 229th, Suite 150 HiIlsboro, OR 97124 Voice & TII' (503) 693-5700 FJlX (503) 693-4999 May 20, 2010 Terry Ellis City of Ashland 900 N Mountain Ave Ashland, OR 97520 RE: Lab Services Agreement, Analysis ofP3 List Compounds Per your request, two copies of the revised Lab Services Agreement forthe Analysis ofP3 List Compounds are enclosed. This revised agreement removes the $300 charge per visit ($600 total) for methyl mercury sampling by DEQ. It is our understanding that the City of Medford will be assisting you with this sampling. Please discard the previous agreements. Sign both copies of the revised agreement and return one original copy to: Greg Pettit Department of Environmental Quality Laboratory and Environmental Assessment Division 3150 NW 229th, Suite 150 HiIlsboro, OR 97124 If you have any questions or need additional infonnation, please do not hesitate to contact me at 503-693- 5735 or via email atpillsburv.lori(@.deQ.state.or.us. Thank you. ~.'~ Lori Pillsbury Point Source Projects Coordinator Oregon DEQ LabOratory CITY OF ASHLAND Memo DATE: April 19, 2010 TO: Lee Tuneberg Terry Ellis, PW Superintendend-'2:". FROM: RE: Written Findings Senate Bill 737 - Development of a Priority Persistent Pollutant List for Oregon SB 737 requires Oregon's 52 large municipal wastewater treatment plants to develop plans by 2011 for reducing priority persistent pollutants through pollution prevention and toxics reduction. Many Oregonians are concerned about the health of Oregon's rivers and people who use them. There is a growing concern about persistent pollutants those that come from a wide variety of sources but linger in the environment and have a documented effect on human health, wildlife and aquatic habitat. Our communities use and dispose of literally thousands of chemicals resulting from manufactured goods we use and consume, choices we make in our daily routines, and products available at stores around the state. Many of these chemicals end up in our aquatic systems, such as rivers, where they persist and travel up through the food chain, in some cases having ongoing impacts to humans and the environment. To date, Oregon has not comprehensively evaluated which of these pollutants should be a priority for strategic action. The 2007 Oregon Legislature passed Senate Bill 737, which requires DEQ to consult with all interested parties by June 2009 to develop a list of priority persistent bioaccumulative toxics (priority Persistent Pollutant List) that have a documented effect on human health, wildlife and aquatic life. DEQ's Final P3 List identified 118 persistent pollutants, divided into two categories that persist in the environment or accumulate in animals. All ofthe pollutants on the list have potential to cause harm to human health or aquatic life if they get into the water and thereby have the potential to pose a threat to Oregon's waters. Some are known carcinogens, and others are thought to disrupt endocrine functions. The list includes both well-studied pollutants that people have worked to. reduce for many years, and those for which little information exists. The 52 largest municipal wastewater treatment plants will begin testing their effluent for priority persistent pollutants. These sampling efforts will enable municipalities to determine whether any of the trigger levels have been exceeded and if so, prepare and submit reduction plans by the July 2011 deadline. DEQ is working with municipalities to plan coordinated sampling and analysis. Water Quality Department 90 N. Mountain Ave. . Ashland. OR 97520 www.ashland.or.US Tel: 541-488.5305 . Fax: 541.552.2050 TTY: 800.735.2900 r~' .., Due to th(: complexity of many of these identified pollutants not all laboratories are able to test for them. This agreement is between the City of Ashland and the Oregon State Department of Environmental Quality's laboratory to test for the identified constituents. . DEQ notified the City of Ashland, dated March 10, 2009 that they were going to require two th~t sets of samples be taken. The cost for each set will be $7,275.00 for a total of $14,550.00. The first sample is slated to be taken in July of this year (2010). The second has not been determined yet. This request is for a blanket purchase order to cover the $14,000.00 testing fees for the laboratory. Funding for this testing has been included in the 2010-11 budget in line item 675.08.19.00.606600. Also please note the attached Inter governmental agreement that needs signed. Water Quality Department 90 N. Mountain Ave. Ashland, OR 97520 www.ashland.or.US Tel: 541-488.5305 Fax: 541.552.2050 TTY: 800.735.2900 r~' CITY RECORDER Page 1/1 r:'A 1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 ">~'f.: ;~'DP.tTE;j,!::;..j. -., ,:j:i!P.0;NljMBER-~t~ 11/17/2010 09889 VENDOR: 012742 DEQ, OREGON STATE TREASURY C/O US BANK NATIONAL 811 SW SIXTH AVENUE PORTLAND, OR 97204 SHIP TO: Ashland WWTP (541) 488-5348 1295 OAK STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speclallnst: Req. No.: Dept.: Contact: David Gies Confirming? No ~'\FQlianfiiV:t'J ~;;Xj",jH~ {:li~~~~l~TTI'~:'A~i(:T ~f,i-~'!i.~ '..;;~:, :M.:':~:;: ;:':'6esc'ri~tloh:; :,.y -r'.'<,'i"',!,'; '::. ;:.~~"Ij _ :~;'. :~';fir'.' \Y"!i.inliPricEit,,~t ;'f-~::,rExtJp.ric'e'.~J";:::~ Intergovernmental Agreement Dept of Environmental Quality WWTP Testing - Per SB 737 DEQ to conduct laboratory analysis on 2 sets of water samples @ $6,975.00 each. 13,950.00 IGA approved by City Council 06/01/2010 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND OR 97520 SUBTOTAL TAX FREIGHT TOTAL 13 950.00 0.00 0.00 13,950.00 , [t;}~~countiNun;Derm~i;;l :t:: :'RroJecFNumtJer:{ -~, " ": .'::Amo:ant' .': ,. ,iAc'COlirri~N'umlier:~i ,:~ , o''':,'P,roJect:Numbe.r-ii: 'S':' \~; ';:;;:lAiTiou';1g~\,:!~;; E 675.08.19.00.60660 13 950.00 .eJ2."1C -f. = ~ "/'0", Authorized Signature VENDOR COPY A request for a Purehase Order REQUISITION FORM CITY OF ASHLAND Date of Request: THIS REQUEST IS A: o Change Order(existing PO # Required Date of Delivery/Service: I' , _o'j . " ,: " " W", .~. Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name ore5"'" 0...1'+' o+- 6>"/<..J\ro"........M-k\ Q0"'\'~ L",!, + As<;es,.......<,,+ O,U, , I ,>0 tJLJ 2."2.. 'i Th 1:1. ISU HI/I,bora ,nf'eSo" q"')I"L'-( (~y.ej ()..++.+ /- ')1Y~-6n- 00\" SOLICITATION PROCESS Small Procurement o Sole Source 0 Invitation to Bid 0 Less than $5,000 & Written findings attached (Copies on file) o Quotes (Optional) o Quote or ProDosal attached Coooerative Procurement ir't-\.vSCl":><'I''''l ...,,1.<',,;h \ 0 Reauest for ProDosal o State of OR/WA contract f:1.s(<1.... ""'....t- (Copies on file) Intermediate Procurement ~Other government agency contract 0 SDecial f ExemDt o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached (Copies attached) 0 Quote or Pronosal attached 0 Contract # R olD... \0 0 Emeraencv 0 Written findings attached 0 Quote or Pronosal attached Description of SERVICES 1(,,1'\ +0 rrDch~'" .... wu\c-e", +,/ *;;-1-';"5 Si3 1"3, PD/lV+...,,+s 1... se.f-; o.\- -kd- @ 11 bq)S'.<.P e.", o Per attached PROPOSAL Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project Number ______. ___ PI--- J---"?- ~w.._~ ~. .. 47/~ o Per attached QUOTE Account Number~?~~.L't .e:?.1?_Q~~Qo 'Items and services musf be charged ta the appropriate account numbers for the linancials to reffect the actual expenditures accurately. By signing this requisition fonn, I certify that the infonnation provided above meets the City of Ashland public contracting requirements, and the documentation can be provided upon request. Employee Signaturel-.... ~ C ~ Of);" Supervisor/Dept. Head Signature: {Y\'\~o.J ei.............. G: Finance\Procedure\AP\Forms\8_Requisition form revised Updated on: 11/1512010