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HomeMy WebLinkAbout1988-048 Bear Creek Daily LoadsBROWN AND CALDWELL July 28, 1988 CONSULTING ENGINEERS Mr. Steve Hall, City Engineer City of Ashland City Hall 20 East Main Street Ashland, Oregon 97502 13-88-57 Subject: Proposed Agreement for Assistance With Total Mass Daily Loads for Bear Creek Dear Mr. Hall: In accordance with your request of John Holroyd of our office on July 26, 1988, I am submitting this proposed agreement to assist you with the technical evaluation of the Oregon Department of Environmental Quality's (DEQ) process of setting total maximum daily loads (TMDLs). Because of a lawsuit brought by the Northwest Environmental Defense Center, the DEQ has been forced to establish TMDLs on all Oregon streams that are designated as water quality limited. Wherever DEQ has gone with this issue, it has caused the local communities a great deal of consternation. The TMDLs proposed or established to date would, in most cases, result in the requirement for increased levels of treatment at great cost to these communities. In some cases the data and procedures used by DEQ in setting the TMDLs has been questionable. In the case of the Klamath River, which we are currently evaluating for the City of Klamath Falls, DEQ's data used in setting the proposed restrictive TMDLs was found not to be supported by two other sets of data kept independently by the city and the South Suburban Sanitary District. In this and other cases around the state it has become abundantly clear that affected communities have needed their own technical representation in the TMDL setting process. The earlier the community becomes involved in the process, the better positioned they are to influence its direction and ensure that TMDLs are set using adequate data and appropriate evaluation methods. For Bear Creek, the DEQ established proposed TMDLs late last year. This summer the agency has entered Phase II of their TMDL-setting process, which includes intensive stream sampling and formal P O BOX 11650 EUGENE, OR 97440 · (503) 686 9915 · OFFICE AT 2300 OAKMONT WAY SUITE ~00 EUGENE 97401 II I ' ' I~l 1 City of Ashland July 28, 1988 Page 2 evaluation of conditions using computer modeling techniques. We understand that DEQ has been working through the Rogue Valley Council of Governments and that your city planner sits on the water quality committee of the council. As you are aware, the City of Ashland is the only point source municipal discharger to Bear Creek and you therefore have a significant interest in DEQ's process. The TMDLs set by DEQ in their evaluation will be adopted by the Environmental Quality Commission, and you are likely to be required to upgrade your wastewater facilities on a compliance schedule established by DEQ. Brown and Caldwell can assist you through this process by having our water quality specialist review DEQ's data and procedures and comment on their technical suitability. Scope items we will undertake at your request include: Review proposed TMDLs for Bear Creek and existing data collected by DEQ. Give feedback to the city on appropriateness of the currently proposed limits. Evaluate existing treatment plant and indicate expansion requirements and likely costs to meet currently proposed TMDLs. Review DEQ's procedures for stream sampling, sample analysis, data compilation, and data evaluation. Comment on procedures. Meet with DEQ to work together toward mutually acceptable methods. Review DEQ's compiled data and evaluation to validate conclusions. Represent the city at meetings with DEQ and public hearings related to TMDLs on Bear Creek. Services shall be provided on a time-and-expense basis in accordance with the enclosed hourly billing schedule. Direct expenses shall be computed on the basis of actual cost or purchase price plus a service charge of 10 percent. Services shall begin on specific tasks upon your written request specifying the work to be done and level of effort you require. The limiting fee for all services shall be $10,000. The portion of that fee used on each individual task shall be at your discretion. If expanded services are needed in some specific areas beyond the limiting fee, we shall amend the agreement at a later date. BROWN AND CALDWELL P O BOX 11680EUGENE, OR 97440 · (503) 686-9915 · OFFICE AT 2300 OAKMONT WAY SUITE 100 EUGENE 97401 City of Ashland July 28, 1988 Page 3 If the proposal presented in this letter and its enclosures, including Brown and Caldwell's Standard Terms and Conditions dated October 1, 1987, are acceptable, please sign and date two copies. Return one copy to Brown and Caldwell within 30 days. We look forward to the opportunity to perform the work for you. Please call Mr. Steve Krugel if you have questions. Very truly yours, BROWN AND CALDWELL CITY OF ASHLAND Signature Printed Name Title Date Signature Printed Name Title Date / BROWN AND CALDWELL P O BOX 11680EUGENE, OR 97440 · (503) 686 9915 · OFFICE AT 2300 OAKMONT WAY SUITE 100 EUGENE 97401 BROWN AND CALDWELL SCHEDULE OF HOURLY BILLING RATES EFFECTIVE OCTOBER 3, 1987 PERSONNEL CLASSIFICATION PROFESSIONAL HOURLY BILLING RATE CHIEF ENGINEER MANAGING ENGINEER SUPERVISING ENGINEER PRINCIPAL ENGINEER SENIOR ENGINEER ENGINEER ASSOCIATE ENGINEER ASSISTANT ENGINEER ENGINEERING AIDE 13.29 02.53 91.97 ~1,5~ 71.31 61.34 51.96 43.95 36.60 TECHNICAL MANAGER, COMPUTER DRAFTING CHIEF DRAFTSPERSON SUPERVISING DRAFTSPERSON LEAD DRAFTSPERSON SENIOR DRAFTSPERSON DRAFTSPERSON ASSISTANT DRAFTSPERSON DRAFTSPERSON TRAINEE 81.54 71.31 61.34 51.96 43.95 36.60 30.04 24.73 SENIOR DESIGNER DESIGNER ASSISTANT DESIGNER 61.34 51.96 43.95 ADMINISTRATIVE SUPERVISOR, ACCOUNTING ACCOUNTANT II ACCOUNTANT I 43.95 43.95 36.60 ADMINISTRATIVE SUPERVISOR SUPERVISOR,TYPING TYPIST IV TYPIST III TYPIST II TYPIST I 51.96 43.95 36.60 30.04 24.73 20.47 WORD PROCESSING SUPERVISOR WORD PROCESSOR III WORD PROCESSOR II WORD PROCESSOR I 43.95 36.60 30.04 24.73 EXECUTIVE SECRETARY SECRETARY II SECRETARY I 43.95 36.60 30.04 SUPERVISOR, OFFICE OFFICEPERSON, III OFFICEPERSON, II OFFICEPERSON, I SERVICES 36.60 30.04 24.73 20.47 UC I Brown and Caldwell Standard Terms and Conditions I. SCOPE Brown and Caldwell agrees to perform the engineering services described in the proposal or agreement that incorporates these standard terms and conditions. Unless modified in writing by the parties hereto, the duties of Brown and Caldwell shall not be construed to exceed those services specifically set forth in the proposal or agreement. II. COMPENSATION Client agrees to pay for the services in Article I in accordance with the compensation provisions in the proposal or agreement. Payment to Brown and Caldwell will be made within 30 days after the date of billing. If payment is not made within 30 days, interest on the unpaid balance will accrue beginning on the 31st day at the rate of 1.5 percent per month or the maximum inter- est rate permitted by law, whichever is less. Such interest is due and payable when the overdue payment is made. Time-related charges will be made in accordance with the billing rate referenced in the proposal or agreement. Direct expenses shall be billed at cost plus a service charge of 10 percent. Sub- contracted services shall be billed at cost plus a service charge of 15 percent. III. RESPONSIBILITY Brown and Caldwell is employed to render a professional ser- vice only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the work. Brown and Caldwell shall follow the practice of the engineering profession to make findings, provide opinions, make factual presentations, and provide professional advice and recommendations. In performing construction management services, Brown and Caldwell shall act as agent of Client. Brown and Caldwell's re- view or supervision of work prepared or performed by other in- dividuals or firms employed by Client shall not relieve those individuals or firms of complete responsibility for the adequacy of their work. It is understood that any resident engineering or inspection pro- vided by Brown and Caldwell is for the purpose of determining compliance with the technical provisions of the project specifi- cations and does not constitute any form of guarantee or insur- ance with respect to the performance of a contractor. Brown and Caldwell does not assume responsibility for methods or appli- ances used by a contractor, for the safety of construction work, or for compliance by contractors with laws and regulations. IV. INDEMNIFICATION Brown and Caldwell agrees to indemnify, defend, and hold Client harmless from and against any liability arising out of the sole negligent errors or sole negligent omissions of Brown and Caldwell, its agents, employees, or representatives, in the per- formance of duties under the Agreement, V. INSURANCE Brown and Caldwell shall maintain during the life of the Agree- ment the following minimum insurance: 1. Comprehensive general liability insurance, including per- sonal injury liability, blanket contractual liability, and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insur- ance covering owned, non-owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 3. Statutory worker's compensation and employers' liability insurance as required by state law. 4. Professional liability insurance. VI. ASSIGNMENT These terms and conditions and the agreement to which they are attached are binding on the heirs, successors, and assigns of the parties hereto. This agreement may not be assigned by Client or Brown and Caldwell without prior, written consent of the other. VII. INTEGRATION These terms and conditions and the agreement to which they are attached represent the entire understanding of Client and Brown and Caldwell as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The agree- ment may not be modified or altered except in writing signed by both parties. VIII. JURISDICTION This agreement shall be administered and interpreted under the laws of the state in which the Brown and Caldwell office re- sponsible for the project is located. Jurisdiction of litigation arising from the agreement shall be in that state. If any part of the agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the agreement shall be in full force and effect. IX. SUSPENSION OF WORK Client may suspend, in writing, all or a portion of the work under the agreement in the event unforeseen circumstances beyond Client's control make normal progress of the work ira- possible. Brown and Caldwell may request that the work be suspended by notifying Client, in writing, of circumstances that are interfering with the normal progress of work. Brown and Caldwell may suspend work on the project in the event Client does not pay invoices when due. The time for completion of the work shall be extended by the number of days work is suspended. In the event that the period of suspension exceeds 90 days, the terms of the agreement are subject to renegotiation and both parties are granted the option to terminate work on the sus- pended portion of the project, in accordance with Article VII. X, TERMINATION OF WORK Client may terminate all or a portion of the work covered by the agreement for its convenience. Either party may terminate work if the other party fails to perform in accordance with the provi- sions of the agreement. Termination of the agreement is accom- plished by 15 days prior written notice from the party initiating termination to the other. Notice of termination shall be de- livered by certified mail with receipt for delivery returned to the sender. In the event of termination, Brown and Caldwell shall perform such additional work as is necessary for the orderly filing of documents and closing of the project. The time spent on such additional work shall not exceed 10 percent of the time expend- ed on the terminated portion of the project prior to the effective date of termination. Brown and Caldwell shall be compensated for work actually performed prior to the effective date of termi- nation plus the work required for filing and closing as described in this Article. XI. ARBITRATION All claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, which are not disposed by mutual agreement of the parties, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. No arbitration arising out of or relating to this Agreement shall include, any person not a party to this Agreement except by written consent con- raining a specific reference to this Agreement and signed by the parties hereto and persons to be joined. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. Notice of demand for arbitration shall be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen but in no event after the date when the in- stitution of legal or equitable proceedings would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered in ac- cordance with applicable law in any court having jurisdiction. GEN-019-10/01/87