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HomeMy WebLinkAbout2002-129 IGA - RVCOG CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 PO# 03594 (541) 488-5300 VENDOR: 000506 SHIP TO: Ashland Public Works R V C O G RVCOG (541) 488-5587 P O BOX 3275 27-1/2 N MAIN STREET CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net 30 days Dept.: PUBLIC WORKS Req. Del. Date: 07/01/2002 Contact: Paula Brown Special Inst: Confirming? No BLANKET PURCHASE ORDER RVCOG TMDL Sampling Project Fiscal Year 02-03 . REQUISITION Department PW - SD Vendor Rogue Valley Council of Governments PO Box 3275 Central Point, OR 97502 Account No. 260.08.17.00.606600 CITY OF ASHLAND Date September 3, 2002 Requested Delivery Date now Deliver To Jim Olson Via PAULA BROWN (* Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. 1 ea 1 Interagency Agreement RVCOG $ 5,321.57 TMDL Sampling Project FY03 Job No. Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted Department Head or Authorized Person Issued By Date for Kari: BID /RFP /EXEMPT: Contract Start Date: Contract Completion Date: Insurance on file: Project No: EXEMPT (Govt) July 1, 2002 June 30, 2003 YES NO na Received By LIFTIJA&A CITY OF -ASHLAND NOTICE OF TRANSMITTAL TO: KARI OLSON DATE: SEPTEMBER 3, 2002 PURCHASING PROJECT: BEAR CREEK TMDL PROJECT JOB NO.: SUBJECT: CONTRACT & REQ DOCUMENTS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Please find enclosed one original fully executed contract for the Interagency Cooperative Funding Agreement for a Bear Creek Watershed Non-Point Source Pollution (TMDL) Sampling Project and requisition. ENCLOSED UNDER SEPARATE COVER REMARKS: Thanks COPIES TO: Department of Public Works By: Dawn Lamlp - Title: Administrative Assistant PUBLIC WORKS Tel: 541488-5587 20 E. Main Street Fax: 541488-6006 Ashland, 0 97520 TTY: 800 735-2900=, www.ashand.or.us G:1pubvft\engWeptadminlWatemM2-03 TMDL Contract RVCOG NOT.doc INTERAGENCY COOPERATIVE FUNDING AGREEMENT FOR A BEAR CREEK WATERSI-IF~D NON-POINT SOURCE POLLUTION (TMDL) SAMPLING PI~OJECT August 29, 2002 F:'~,l~g. ATI-~ff~-o~adi cea~ 02.wpd THIS AGREEMENT is made and entered into by and between the ROGUE VALLEY COUNCIL OF GOVERNMENTS, a voluntary intergovernmental association, hereinafter referred to as RVCOG, knd the following state and local agencies: City of Ashland, City of Central Point, City of Jacksonville, City of Medford, City of Phoenix, City ~f Talent, Jackson County, Oregon State Department of Agriculture, and the Oregon State Department of ForeStry hereinafter referred to collectively as the Designated Management Agencies (DMAs). All participants included~'in this agreement are hereinafter referred to collectively as the PARTIES, WITNESSETH THAT: WHEREAS, the DMAs have been placed under an Implementation and Compliance Schedule by the Oregon State Department of Environmental Quality which directs that they correct non-point source pollution problems in the Bear Creek Watershed in order to meet the requirements oftbe U.S. Clean Water Act; and WHEREAS, the Department of Environmental Quality's directive includes requirements that the DM,As work collectively by using a watershed approach to resolve the non-point pollution problems within the B~ar Creek Watershed; and ~ WHEREAS, the DMAs have agreed to collectively employ the RVCOG to admini.~ter and manage ~e implementation of a water quality testing program which targets the identification of non-point pollution sources along Bear Creek. NOW THEREFORE, for and in consideration of the terms, conditions, stipulations and covenants lierein contained, the PARTIES do mutually agree as follows: A. TIME OF PERFORMANCE This agreement shall take effect on July 1, 2002 and tcrwinates on June 30, 2003. At that time, pending available funding and a finding of continuing need, this agreement may be amended, .termin~ated or extended per Section "E" below. B. DMAs RESPONSIBILITIES l. Each DMA will make payment to the RVCOG not to exceed the amount allocated in the Total Cost column (Table I below). 2. Each DMA will make payment in full for 100% of the amount shown in the Total Cost qolunm aa deaignate~l for their jurisdiction (Table I below). Total payment should be received RVCOG prior to October 15, 2002 unless other arrangements are made prior to that date. 3. Each DMA will support the RVCOG in its administration and management of the Bear Creek Non-point Pollution (TMDL) Sampling Project by providing advisoo· and technical information concerning their jurisdictional area and in developing/establishing watershed based policy decisions. 4. Each DMA will send an authorized representative to the RVCOG regularly scheduled meetings to discuss the progress and the needs of the TMDL program. In addition, each DMA will send a representative to any additional meetings deemed necessary by the TMDL Committee. 5. The participation of the DMAs in this program does not negate their individual responsibilities under the TMDL program. Rather this program is designed to assist the DMAs to meet their individual responsibilities. Table 1 Year 2002-2003 budget and explanation for the TMDL Water Quality Monitoring Program Designated Management Agency Storm Sewer' Supplies and Equipment Personnel and Administration To Ashland $1,380.00 $1,400.00 $2,541.57 $5,1 21.57 Central Point $920.00 $1,400.00 $1,847.76 $4, ? 67.76 Jacksonville $920.00 $1,400.00 $1,367.98 $3, 87.98 Medford $1,840.00 $1,400.00 $6,055.10 $9, 95.10 Phoenix $920.00 $1,400.00 $1,311.11 $3, u31.11 Talent $920.00 $1,400.00 $1,159.11 $3, 479.11 Jackson County $0.00 $1,400.00 $4,404.84 $5, 04.84 Dept. of Agriculture $0.00 $0.00 $1,000.00 $1, 000.00 Dept. of Forestry $0.00 $0.00 $0.00 $0. 0 Bureau of Reclamation $0.00 $0.00 to be determined -- RVCOG $0.00 $800.00 $3,700.00 $4, 00.00 Totals: $6,900.00 $10,600.00 $23,387.48 $4 887.48 'Cost based upon $460 per storm drain tested. C. RVCOG RESPONSIBILITIES 1. RVCOG will receive, administer, and expend funds to hire and supervise the number of individual(s) necessary to complete the project as described in Attachment A to this document. 2. RVCOG will be responsible for daily administration and oversight of the project. 3. RVCOG will complete the work program as described in Attachment A to the satisfaction of the DMAs. RVCOG will be responsible only for water quality monitoring and not for any particular DMA meeting DEQ requirements. 4. RVCOG will provide periodic written reports. 5. RVCOG will be granted ownership of all equipment purchased under this agreement but will make the equipment available to the DMAs on an as-available, on-going basis upon request of individual DMAs. 6. RVCOG will notify the DMAs of any problems occurring with the project which require departure from the work program described in Attachment A; this notification will allow the PARTIES to cooperate in addressing how any necessary changes will be made. 7. RVCOG will develop a quality assurance program with DEQ. D. PROJECT COORDINATORS 1. Administration of this agreement for the DMAs shall be accomplished by: • Ray Jaindl, Oregon Department of Agriculture, 635 Capital St., N.E., Salem, Oregon, 97301. Phone: 986-4713. • Dan Thorpe, Department of Forestry, 5286 Table Rock Road, Central Point, Oregon, 97502. Phone: 664-3328. • James Olson, Public Works, City of Ashland, 20 East Main St., Ashland, Oregon, 97$20. Phone: 488-5587. • Jim Wear, Public Works Director, City of Phoenix, 1000 South B St., Phoenix, Oregon, 97535. Phone: 535-2226. • Joe Strahl, Public Works Director, City of Talent, 204 East Main St., Talent, Oregon, 97540. Phone: 535-3828. • Bob Pierce, Public Works Director, City of Central Point, 155 S. Second St., Central Point, Oregon, 97502. Phone: 664-6325. • Jeff Alvis, Public Works Director, City of Jacksonville, 180 North 3rd St., Jacksonville, Oregon, 97530. Phone: 899-8236. • Jim Hill, Watei Reclamation Administrator, City of Medford, 411 West 8th St., Medford, Oregon, 97501. Phone: 774-2100. • Ken Cote, Jackson County Courthouse, 10 South Oakdale Room 100, Medford, Oregon, 97501. Phone: 776-7554. 2. Administration of this agreement for RVCOG shall be accomplished by: • Greg Stabach, Project Coordinator, Rogue Valley Council of Governments, PO Box 3275, Central Point, Oregon, 97502. Phone: 664-6674. E. AMENDMENTS AND TERMINATION 1. AMENDMENTS - Amendments or changes to the provisions of this contract in whole, nor in part, shall be reduced to writing and signed by the appropriate PARTIES. Unless amended in this wady, this document constitutes the entire agreement between the PARTIES. 2. EFFECTIVE DATE and DURATION - The passage of the contract expiration date (as! given in Section A) shall not extinguish or prejudice the RVCOG's, or a DMA's, right to enforce this contract with respect to any default or defect in performance that has not been cured. 3. TERMINATION - (a) Any DMA may terminate their contractual involvement with the RVCOG, if through mutual consent, upon 30 days notice in writing and delivered by certified mail, or inn person. Any such termination of this contract shall be without prejudice to any obligations or liabilities Of either party already accrued prior to such terminations. (b) Any DMA may terminate the whole, or ant part, of this agreement with RVCOG by written notice of default: (i) If RVCOG fails to provide services called for by this contract within the time specified herein or any extension thereof, or (ii) If RVCOG f#ils to perform any of the other provisions of this contract or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice fails to correct such failures within 10 days, or such longer period as may be authorized. The rights and remedies of any DMA; provided in the above clause related to defaults (including breach of contract) by RVCOG shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 4. ACCESS TO RECORDS - The DMAs and their duly authorized representatives shall have access to the books, documents, papers, and records of RVCOG which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcript. 5. COMPLIANCE WITH APPLICABLE LAWS - RVCOG shall comply with all federal,; state, and local laws and ordinances applicable to the work under this contract. 6. EQUIPMENT OWNERSHIP - Upon termination of this agreement all property or equipment purchased under this agreement will become the sole possession of the RVCOG. 7. CONDITIONS OF FINANCIAL NON-PARTICIPATION - The costs shown in Table jl are allocated by DMA based upon the receipt of full funding provided by all DMAs listed. If i? the event that a DMA decides not to participate and full funding for the program is not realized the agreement will need to be amended as per Section E.1. above. RVCOG reserves the right 0 terminate this contract in whole or in part. F. PAYMENTS 1. The DMAs certify that the funds required by their commitment under this agreement and available until June 30, 2003 at the time of the signing of this agreement. 2. The DMAs will make payment not to exceed the Total Cost column in Table 1 above as ;indicated for each respective DMA and noted in Section B (1) above. The payment schedule will be made in accordance with Section B (2) above. 3. Unless amended otherwise in writing, no other obligations for payments from the DMA$ to RVCOG are stated or implied under this agreement. G. REPORTS And RECORDS 1. RVCOG will provide the DMAs with a copy of all documents, studies, reports, and materials developed under this agreement. H. MERGER CLAUSE This contract and attached exhibits constitute the entire agreement between the PARTIES. No waiver, consent, modification or change of terms of this contract shall bind either party unless put ' writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be eft ctive only in the specific instance and for the specific purpose given. There are no understandings, agre*ents, or representations, oral or written, not specified herein regarding this contract. INTERAGENCY COOPERATIVE FUNDING AGREEMENT FORA BEAR CREEK WATERSHED NON-POINT SOURCE POLLUTION (TMDL) SAMPLING PROJECT THIS AGREEMENT is made and entered into by and between the ROGUE VALLEY COUNCIL OF GOVERNMENTS, hereinafter referred to as RVCOG, and the following statei and local agencies: City of Ashland, City of Central Point, City of Jacksonville, City of Medfor4, City of Phoenix, City of Talent, Jackson County, Oregon State Department of Agricjulture, and the Oregon State Department of Forestry, The PARTIES, by signature of their respective authorized representatives, hereby oicknowledge that they have read this contract, understand it, and agree to be bound by its terms and conditions. IN WITNESS WHEREOF, the PARTIES have caused this agreement to be execut4d by their authorized representatives: C' of Ashland Representative 3 S?o2 Date Michael Cavallaro, Executive Director RVCOG c47,24 Date ATTACHMENT A 1. LOCATIONS MONITORED 1. In this study RVCOG will conduct instream water quality monitoring at the following sites: * The mouths of Ashland Creek, Bear Creek (Kirkland Road), Butler Creek, Coleman Creek, Griffin Creek, Jackson Creek, Larson Creek, Lone Pine Creek, Neil Creek, Payne Creek, and Wager Creek. * The Irrigation Diversions for the Talent, Medford and Rogue River Valley Irrigation Districts. * Additional sites to be determined by BoR 2. The total number of regular monitoring locations will be 14. These monitoring locations will be reviewed on approximately a quarterly basis with changes made only through agreement oft all the PARTIES. 3. Additional "hot spot" monitoring will be completed on those tributaries which exhibit y unusual high readingir of the parameters being measured. The purpose of the "hot spot" monitoring willlimited to identifying the general location of the source of pollution contamination only. The approp 'ate DMA will be notified of the problem and its general location in order to take action to correct the contributing problem. 4. This program will also include the monitoring of storm drains. The number of sites per MA are as follows: City of Ashland (3), City of Central Point (2), City of Jacksonville (2), City of Mord (4), City of Phoenix (2), City of Talent (2). Some locations are currently being changed, but the number of sites per city is the same. Exact locations of sites will be determined between each DMA and RVCOG. The scope of this contract agreement does not include follow-up monitoring for identified problems. kny additional monitoring by RVCOG will need to be negotiated on a case by case basis. IL SAMPLING FREQUENCY 1. Regular sampling will be performed at the 16 identified sites on a twice monthly basis d g the "non- compliance" season (April 1 to October 31) and once monthly during the "compliance" se on. The total number of sampling runs under this contract will be 19. 2. "Hot Spot" monitoring will occur on an as needed basis only. 3. Storm Drain monitoring program will visit each sample collection site a maximum of 3 es and samples will be collected if effluent is flowing from the site. The first samples will be ken during "dry weather flows" before the first rains of the season. The second set of samples be collected soon after the first storm event of the season that creates surface runoff and the d sample will be taken approximately 60 days after sample number two. III. PARAMETERS SAMPLED 1. The TMDL parameters sampled and tested include: Temperature, Conductivity, E. Colib pH, Turbidity, Suspended Solids, Dissolved Oxygen, Ammonia, and Total Phosphate. 2. Storm Drain monitoring program will sample and analyze for total phosphate, BOD5, p" and E. Coli. IV. METHODS 1. The sampling and testing procedures used will be approved in writing by the Departm t of Environmental Quality. The program will operate under a QA/QC program in collaboratio with the DEQ and the results from the program will meet or exceed the requirements of the DEQ. The a ipment used in the testing of these parameters has been received under a DEQ grant and approved by DE .The lab used for analysis, will be provided by the City of Medford Wastewater Treatment Laboratory. 's contract is conditional upon the availability of this lab. 2. The general analysis methods that will be employed are: * Temperature - measured by meter, calibrated thermometers and/or continuous instream #ecorders. * Conductivity - measured by conductivity meter. * Fecal Coliform - measured using membrane filter and incubation method. * E. Coli testing will be made with the Colalert system with approval of DEQ * pH - measured by pH meter. * Turbidity - using calibrated turbidity meter. * Total Suspended Solids - filter through 0.4 um filter and determine filtrate weight after dying. * Dissolved Oxygen - measured by modified Winkler titration method. * Ammonia - phenate method with final concentration determined using spectrophotomete . * Phosphorous-modified ascorbic acid method with final concentration determined using a? spectrophotometer * BOD5 - 5 day incubation at 68F using Poly Seed inoculum as described in Standard Met?ods * Flow - determined using calibrated staff gauges placed in the stream bed or by use of a calibrated collection device in the case of storm drain sampling. V. REPORTS 1. Reporting will be done in three formats. First, ongoing meetings (approximately quarte ly) will occur with the DMAs, DEQ, and RVCOG. Second, ongoing technical meetings will be performed in conjunction with DEQ. Third, reports will be provided as per Section CA, RVCOG RESPONSIBILITIES.