HomeMy WebLinkAbout2009-245 CONT AMND #1 - Brown & Caldwell
PERSONAL SERVICES CONTRACT
AMENDMENT NO.1
Engineering services contract made on the date specified below in Recital A between
the City and Engineer as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: BROWN & CALDWELL
Address: City Hall Address: 201 N CIVIC DR STE 115
20 E, Main St. WALNUT CREEK CA 94596-3864
Ashland, OR 97520 PHONE: (925) 937-9010
PHONE: (541) 488-5347
FAX: (541') 488-6006 FAX: (925) 937-9026
Date of this agreement: B: RFP Date: MARCH 6, 2009
NOVEMBER ,2009 Proposal date: APRIL 10, 2009
'i]2.3 City Contracting Officer: Michael R. Faught, Director of Public Works
'i]2.4. Project: Lithia Springs Ecological Risk Assessment
'i]6.1. Engineer's Representative: Kenn Conner PE, Department Manager
'i]8.3. Maximum Contract Amount: $64,050.00
B. AMENDMENT NO.1
1. Modification to "Services to be provided"
Add conduct Soli and Groundwater Investigation - per attached proposal and cost
estimate dated November 6, 2009 and made a part of this addendum
2. Modification to "Compensation"
A Original Contract Amount =
B. Add cost of extra work AMD 1 =
C. Adjusted total contract amount =
$43,972.00
$20,078.00
$64,050.00
CONSULTANT
BY (L~ f
Fed. ID # Cf4 --- /44 c:, 34b
CITY
BY ~:J, d'-a=-
Finance Director
REVEIWED AS TO CONTENT
BY ~~~.Q....~L
City Department Head
Date: D<"c. 2? I 2-00'"
Coding:
(for City use only)
C:\Documents and Settlngs\kconner\Local Settings\Temporary Internet Files\OLK22\09.07 Contract Amend 1_ 10 20 09.doc
BROWN ,\'ll
CALDWELL
20l ~()rth Civic (Jrive. Suite lIS
\l',dnut Creek, C;llifnmi:1 ')45')6-JH64
Tel; 925.9,,7.l)OlO
Fax; 925.9,,7.0026
""....vw.nmwnandc:llJwelJ.e"m
November 6. 2009
~fr. .Mike l\.lorrison
Project and Facilities J\..fanager
City of Ashland
20 East Main Street
Ashland, Oregon 97520
051271.003.001
Subject:
Proposal and Agreement to Conduct Preliminary Investigation of Lithia
Springs Property, 555 Emigrant Creek Road, Ashland, Oregon
Dear Mr..l\.-forrison:
Brown and Caldwell (BC) has prepared this proposal for the City of Ashiand (City) to conduct a
preliminary soil and groundwater investigation of the Iithia Springs Property. The activities
proposed below are based on the findings of Be's "Levell Scoping Study Ecological Risk
Assessment" dated July 17, 2009. These activities are BC's best estimate of the minimum
sampling necessary to achieve two goals:
1. l\.{eet the minimum data requirements necessary to complete a Level II Ecological Risk
Screening.
2. Begin identifying the horizontal and vertical extent of potential future cleanup actions.
The investigation activities proposed below are based on BC's recommendations presented in
the Levell Scope Study and subsequent discussions between BC and the City, including the
October 13, 2009, meeting held between BC and the City.
Background
The City currently owns three adjacent parcels at 555 Emigrant Creek Road, Ashland, Oregon
(Site). This iand is collectively known as the "Lithia Springs Property." BC recently performed a
Level [ Scoping Study Ecologicai Risk Assessment and identified the presence of potential areas
of environmental concern and associated contaminants due to current and historical Site
activities. Given the findings of this study, BC understands that the City is seeking assistance in
evaluating whether these activities have resulted in chemical concentrations that warrant
mitigation measures. Completing the Level II Ecological Risk Screening will answer this
question, although it should be noted that some additional refinements may be needed in the
future before mitigation can begin,
Proposed Scope of Work
BC's proposed scope of work includes collecting soil, grab groundwater, sediment and stream
water samples from the potential areas of environmental concern identified for the Site. BC's
proposed activities are designed to be a preliminary assessment to answer the following
questions:
1. Are contaminants of concern (COCs) actually present at concentrations that would be of
concern in the Level [I Ecological Risk Screening?
2. If COCs are present, hO\\' are they generally distributed - horizontally and vertically?
F 1/ ,. i r () II JJJ e !1 I (/ I
L 1/ .!( i II {' {' r J
c"
C () If .> II / I tl 11 I J
.\lr. ,\lol7ison
i,'fJ/WIIINr 6, 2009
P'{ge2
Be has designed this assessment based on the information gathered during the Len:l [ Scoping
Study and through discussions with the City. The results of this assessment will be incorporated
into a Level Il Ecological Risk Screening for submittal by the Oregon Department of
Environmental Quality (ODEQ). It should be noted that ODEQ's review of the Levei II
Ecological Screening may result in a reyuest for additional sampling in the future, either to
address data-gaps identified by OQEQ or to desi!:,Tfl mitigation measures.
Scope of Work
BC's proposed scope of work includes the following two tasks:
Task 1. Field Investigation
Three potential areas of environmental concern were identified that warrant a preliminary
investigation. Table 1 summarizes these potential areas of environmental concern and provides
recommended investigation strategies. Figure 1 shows the location of each potential area of
concern.
. Table 1. Field Investigation Strategy for Potential Areas of Environmental Concern
Potential Area."
:0(-:-
. Environmentili"
Concern
Skeet Shooting
Range
Shooting Range
Berms
Emigrant Creek
Proposed Sampling
Excavate a trench in the middle of the range
and collect two surface soil samples (i.e" 3
inches below ground surface [bgsJ) and one
soil sample from a deplh of 1,5 feet bgs. After
collecting the soil samples, pothole the trench
deeper to collect one grab groundwater
sample. This trench is anticipated to extend
no greater than 10 feet long and dug to first.
encountered groundwater or the maximum
depth of which the backhoe is capable,
whichever occurs first.
Scan all berms using an XRF field meter. The
XRF field screening will include removing
large bullet fragments using a sieve prior to
measurement. This will provide real-time
results that can be immediately incorporated
and further assessed. Following the XRF
scan, one soil sample will be collected from
each of the five bermed areas (five samples
total) from the location within each respective
berm that reported the greatest XRF reading,
Collect one surface water and one sediment
sample at the upstream Site boundary and
the downstream Site boundary.
, Proposed Analyses
Rationale
PAHs and metals
Area contains
lead shot and
remnants of clay
targets
PAHs (one sample
only) and metals lall
five samples)
Area contains
bullet fragments
Metals, VOCs, SVOCs
and TPH for
gasoline/diesel/I ube/oil
Creek receives
surface water
runoff from Site.
Notes:
PAHs = polynucfear aromatic hydrocarbons: analyzed using Un/led States Environmental Protection Agency (USEPA) Method 8270
Metals = arsenic. antimony, chromium. cobalt, copper, lead. iron, nickel. tin and zinc; analyzed using USEPA Method 6010
VOCs = volatile organic compounds: analyzed using USEPA Method 8260
SVOCs = semi-volatile organic compounds (SVOCs): analyzed using USEPA Method 8270
Gasoline -" analyzed using the Nonhwcst Total Petroleum Hydrocarbon Gasoline Range Method (NWTPH.Gx) established by the OOEO
Oiesel/lubeloil = analyzed using the NWTPH DieseVLube Oil Range (NWTPH-Ox) Method established by the ODEO
XRF = x-ray Huorescence
bgs = below ground surface
Mr. ,\1rmison
J\"o/'t'fll/Jrr6.1V09
P/(gr}
This task also involv:s the following activities required to per,form the investigation:
. Prepare a site-specific health and safety plan in accordance with Title 29 of the Code of
Federal Rebrulations, Part 1910.120
. Subcontract with an Oregon-licensed analytical laboratory
. Procure the field equipment and supplies necessary to conduct the groundwater monitoring
event
. Notify the Oregon Utility Notification Center of the pending excavation activities
. Identify the sampling locations with a representative of the City to determine if there is' the
potential presence of subsurface utilities or obstacles that could be damaged or obstruct the
drilling activities
Each sample will be collected following BC's established environmental sample collection and
handling standard operating procedures. The samples will be placed in an, acceptable container,
properly labeled, placed into resealable plastic bags. stored in a cooler containing ice, and
transported under chain-of-custody documentation to an Oregon-certified analytical laboratory.
Task 2. Reporting and Project Management
BC will prepare a brief letter report that documents the results of the preliminary site
investigation. This report will include a narrative summary of the field activities, tabulated
analytical data, sample location maps and copies of the analytical laboratory reports. BC will
assess the reported analytical results using the Level II Screening Level Values established by
ODEQ in its "Guidance for Ecological Risk Assessment" dated December 2001, and the risk-
based concentrations established by ODEQ in its "Final Pre-Calculated Hot Spot Look-Up
Tables" dated "lay 31, 2005. BC will incorporate this report into the Le\'el II Ecological Risk
Screening, and \vill use it to identify any complete pathway that could result in significant
ecological risk concerns.
This task also includes time for BC to conduct project management responsibilities including
budget tracking, invoicing, project staff coordination and communications with the City,
Assumptions
BC has incorporated the follo\\l1ng assumptions into the proposed scope of \'lork:
. The City will close the Site for the four days necessary to complete the field investigation
activities.
. The City will provide the excavator and operator required for the sampling activities.
. Identifying the field locations is anticipated to be completed on the afternoon of Be's arrival
to the Site.
. Performing the XRF survey is anticipated to take one day to complete.
. The excavation/trenching/potholing and subsequent soil sampling activities area anticipated
to take no more than t\\'o days to complete.
. BC anticipates providing one staff scientist to perform the field investibTCltion activities. A
second, senior BC engineer will accompany the BC staff scientist on the first and second day
of the field activities at no cost to the City.
. No permits are required for the sampling activities and, therefore, no allowances ha\'c been
made for permits.
Mr.,\fornJ(!IJ
;\'om1l/;,r 6, 2009
I'({~r ./.
BC anticipates two days of travel (one day to tra\'el to the Site and one day to return to the
BC office). The first da)' of rravel wiil be combined wirh the field identification of the
sampling locadons.
BC has included field personnel' per diems for food and lodging based on available
reasonable rates in the Ashland, Oregon, vicinity during the season that the field work takes
piace.
. The sampling activities will not generate investigation-derived waste that requires off-site
disposal. Rather, the excavated soil will be stockpiled adjacent to the respective
trenches/ pothoies.
. The sam pies will be anal)'zed using the laboratory's standard 10-da)' turnaround time, except
for dioxins/ furans that have a standard IS-day turnaround time.
. The costs associated with the analytical laboratory includes the following analyses:
. I\letals: 10 soil samples; 3 water samples
. VOCs: 2 soil samples; 2 water samples
. SVOCs: 2 soil samples; 2 water samples
. PAHs: 4 soil samples; 1 water sample
. N\VTPH-Gx: 2 soil samples; 2 water samples
. NWTPH-Dx: 2 soil samples; 2 water samples
. Registering the XRF field meter with the State of Oregon will not be required.
.
.
Schedule
BC will commence with the proposed scope of work upon receiving the signed agreement from
the City. BC anticipates requiring up to four weeks for procuring the field equipment and
scheduling the field work. Field activities are estimated to require up to three days to complete,
including travel time. BC will prepare and submit to the City the draft report four weeks
following the receipt of the analytical results, or approximately 10 to 12 weeks following the
initial authorization.
Estimate of Costs
Be proposes to perform the above scope of work on a time and materials basis using a 3.5 labor
multiplier, $6/hour associated project fee to cover Be's direct expenses (e.g., telephone,
computer programs and hardware, and report reproduction), and BC's standard 10 percent
markup on subcontracted services (i.e., analytical laboratory). The estimated cost for the
proposed scope of work is $20,078, which includes $14,172 for Task I ($6.444 as BC labor and
$7,728 as subcontracted services and outside expenses) and $5,906 for Task 2. Note that these
costs afe only estimates, and that the scope of services for this project may change from our
initial estimate based upon the actual conditions encountered and unforeseen circumstances.
Changes in scope and corresponding changes in budget will be negotiated to mutual agreement.
The total project fee will not be exceeded without prior appnl\'al.
,\lr,,.\lrmi.rr)ff
;\'ril'l'/!//JI'r {}, 2009
P,~~I' 5
Terms and Conditions
BC proposes to conduct this work in accordance with the attached Environmental Services
Terms and Conditions. For your convenience, this proposal is presented in a form that can be
accepted as an Agreement between the City and Be. To accept this proposal, please sign and
date below and return one fully executed copy to Be.
Be appreciates the opportunity to continue providing the City with environmental consulting
services related to the Lithia Springs Property. Should you have any questions regarding this
proposal, please contact Kenn Conner at 925.210.2203 or Don Trueblood at 925.210.2281.
Very truly yours,
BROWN AND CALDWELL
, The undersigned agrees to the Scope of Work
specified in this Agreement
CITY OF ASHLAND, OREGON
Signature:
Kenn Conner, PE
Manager, Environmental Services
Printed
Name:
~
Title:
Date:
Jason Grant, PE
Project l\Ianager
JG:jmv
cc: Don Trueblood, Brown and Caldwell
Jim Olson, City of l\shland
Attachments (2)
1. Em'ironmental Services Terms and Conditions
2. FibTtlre 1. Potential Areas of Environmental Concern
Brown and Caldwell/ Client
Environmental Services Terms and Conditions
I. SCOPE
HrO\vn and Caldwell (BC) :lb>1'ces to perform the seryices
described in the proposal or scope of work attached
hereto which incorporates these terms and conditions.
Unless modified in writing by the parties hereto, the
duties of Be shall not be construed to exceed those
services specifically set forth in the proposal. These terms
and conditions and the proposal, when executed by
Client, shall constitute a binding agreement on both
parties (hereinafter the "Agreement").
II. COMPENSATION
Client :lh'Tces to pay for the services provided for in
Article I in accordance with the compensation provisions
in the proposal. Payment to Be will be made within 30
days of the date of billing. Interest on the unpaid balance
will accrue beginning on the 31 st day at the maximum
interest rate permitted by law.
Time~related charges will be billed as specified in the
proposal. Direct expenses and subcontracted sen'ices will
be billed in accordance with Be's proposal or
compensation exhibit attached to this Agreement.
Otherv.'ise, Be's standard billing rates shall apply. In the
event any uncontested portions of any invoice are not
paid within 30 days of the date of Consultant's invoice,
Consultant shall have the right to suspend work per
Article XVII, Suspension of\X'ork.
III. RESPONSIBILITY
STANDARD OF CARE. BC is employed to render a
professional service only, and any payments made by
Client are compensation solely for such senrices rendered
and recommendations made in carrying out the work. BC
shall perform the services in accordance with generally
accepted engineering standards and practices in effect at
the time the senrices are rendered. BC does not expressly
or impliedly warrant or guarantee its sen'ices.
RELIANCE UPON INFORMATION PROVIDED
BY OTHERS. If BC's performance of sen.ices hereunder
reyuires BC to rely on information provided by other
parties (excepting BC's subcontractors), BC shall not
independendy verify the \'alielit}', completeness or accuracy
of such information unless othef\\.;se expressly en!,>nged to
do so in writing by Client.
IV. ACTIVITIES REQUIRED OF CLIENT
Client shall appoint a representative who shall have
complete authority to transmit instructions, receive
information and interpret and detine Client's policies
with respect to the \vork to be performed. BC shall be
entitled to rei}' on representations made by Client's
representative.
Client agrees to perform the following:
I. Provide access to site, including coordination with
any tenants for access to. sampling locations.
2. Pn:n'ide all readily available information on past
history and operati~ms at the site.
3. Prm'ide all available and known information on the
n:lturc of contaminants likely to be found on (he
property, including any analyucal rtporcs on soils or
grounthvater.
4. Provide information on locations of :lilY known
underground tanks, pipes, :lnd utilities for the site.
5. Execute aU regulatory paperwork required as pan of
the services performed, i.e., manifests and waste
characterization.
6. Arrange for or directly dispose of all contaminated
materials, including drilling cuttings, groundwater, or
soil.
V. INDEMNIFICATION
INDEMNIFICATION BY BC. Any other provision
of this Af,rreement notwithstanding, BC agrees to
. indemnify and hold Client harmless from liabiliry to the
extent arising out of the negligent errors or omissions of
BC, its agents, employees, officers, directors, or
representatives in the performance of BC's duties under
this Agreement. To the fullest extent permitted by law,
BC's liability shall be limited to the actual loss sustained,
but in no event shall it exceed SSG,Ooo or the amount of
BC's fees hereunder, whichever is greater, rq,>nrdless of
the legal theory under which such liability is imposed.
Such negligence shall be measured by standards in effect
at the time services are rendered, not by later standards.
Regardless of any ocher term of this Agreement, in no
event shall either parry be responsible or liable to the
other for any incidental, consequential or other indirect
damages.
INDEMNIFICATION BY CLIENT FOR
PREEXISTING CONDITIONS. Client
acknowledges that BC will perform part of the work at
facilities that. may contain hazardous materials or
pollution conditions ("Preexisting Conditions"), and that
BC had no prior role in the generation, treatment,
storage, or disposition of such materials or conditions. In
consideration of the associated risks that may give rise to
claims by third parties or employees of Client, Client will
indemnify, defend, and hold BC harmless (including
attorneys' fees and other legal expenses) from any and all
losses, damages, claims or actions brought by any third
party or employee of Client against BC or BC's
employees, agents, ofticers, and directors that result from
or are attributable to such Preexisting Conditions.
Client's responsibility under this provision, however, shall
not apply to the extent claims are shown by final
judgment to ha\'e arisen out of BC's negligence or willful
misconduct.
VI. DISPOSAL OF WASTE MATERIALS
Client will remain responsible as the gentrator of record
for the disposal of contaminated and other waste
materials generated by Consultant on Client's site.
Accordingly, Client shall sign all regulatory paperwork,
including waste manifests or bills of lading. In the event
Client is not able to directly arrange for the disposal of
contaminated materials as referenced under l\rticle IV.6,
Client authorizes Be to hire, on behalf of and as agent of
Client, subcontractors to transport and dispose of
contaminated or other waste materials generated from
Client's site(s).
CL-ES-TC (Rev. 120106)
Page 1 of3
Btown and Caldwell/ Client
Environmental Services Terms and Conditions (cont.)
It is understood and agreed that Be shall not be deemed
to be, and is not responsible as a generator, operator,
transporter, arranger or other "person" as described in
Section 107(3) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980
(CERCLA), as amended, or Section 7002 of the Resource
Conservation and Reco\'cry Act (RCR..t\), or applicable
state or local laws. Rather, Be acts at the direction of
Client solely as its agent to arrange for the transportation,
treatment, or disposal of the contaminated materials
generated from Client's site(s).
VII. INSURANCE
Be shall maintain during the life of the Agreement the
following minimum insurance:
1. Commercial vcneral liability insurance, including
personal injury liability, blanket contractual liability
and broad form property damage liability. The limit
shall be not less than S 1 ,000.000,
2. Automobile bodily iniutY and property damare
li.ab.i.lin: insurance with a limit of not less than
S 1 ,000.000.
3. SrarutotY workers' compensation and emplo~'ers'
li.ab.i.lin: insurance as required by state law.
4. Professional Liahili~' includinr contractor's pollution
li.ab.i.lin:, with policy li!TIits of not less than S 1 ,000,000.
Client shall be named as additional insured on polices I
and 2 above. Upon request, a certificate of insurance will
be provided to Client with a 3D-day written notice in the
event the above policies are cancelled.
VIII. SUBCONTRACTS
BC shall be entitled, to the extent determined appropriate
by BC, w subcontract any portion of the work w be
performed under this Agreement.
IX. ASSIGNMENT
If the authorized scope of work includes construction
activities or the oversight of construction, BC may, at its
discretion and upon notice to Client, assign all of its
contractual rights and obli.L:,rations with respect to such
activities to Brown and Caldwell Constructors, its wholly
owned affiliate.
If the authorized scope of work reCjuires professional
services co be performed in a jurisdiction in which BC
renders professional services solely through a locally
registered engineering affiliate for purposes of compliance
with professional licensing reljuiremems in that jurisdiction,
BC may, in its discretion, upon notice co Client, assign its
conrracrual rights and obligations with respect to such
services to such locally registered en.L,rineering affiliate.
X. INTEGRATION
These terms and conditions and the proposal co which
they are attached represent the entire understanding of
Client and BC 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 A/-,'l'ccmcnt may not be modified or altered except in
\vriting- signed by borh parties, provided further that any
terms and conditions in any Task Order or purchase
order issued in connection or under the AbJTeemcnt
. which arc inconsistent with the Agreement are deemed
null and void.
XI. CHOICE OF LAW IJURISDICTION
This l\greement shall be administered and interpreted
under the laws of the state in which the BC office
responsible for the project is located. Jurisdiction of
litigation arising from the A,L,JTcemem shall be in that
state.
XII. SEVERABILITY
If any part of the Abrreement is found unenforceable
under applicable laws, such part shall be inoperative, null
and void insofar as it is in contlict with said laws, but the
remainder of the Agreement shall be in full force and
effect.
XIII. CONFIDENTIALITY
BC agrees it will maintain the confidentiality of material it
receives from Client which Client has clearly identified as
"Confidential" and 'will not disclose, distribtite, or publish
to any third party such confidential information without
the prior permission of Client. Not\\;thstanding the
fore,6roing, BC shall have no confidentiality obligation with
respect to information that:
1) becomes generally available to the public other than as
a result of disclosure by BC or its agents or employees;
2) was available to BC on a non~confidential basis prior
to its disclosure by Client;
3) becomes available to BC from a third part}' who is
not, to the knowledge of BC, bound to retain such
information in contidence.
In the event BC is compelled by, subpoena, court order, or
administrative order to disclose any confidential
information, BC shall promptly notify Client and shall
cooperate with Client prior to disclosure sO that Client may
. take necessary actions to protect such confidential
information from disclosure.
XIV. FORCE MAJEURE
BC shall not be responsible for delays in performing the
.'icope of services that may result from causes beyond the
reasonable control or contemplation of Be. BC will take
reasonable steps to miti,L,>ate the impact of any force
majeure.
XV. NO BENEFIT FOR THIRD PARTIES
The services to be performed by BC hereunder are
intended solely for the benefit of Client, and no right nor
benefit is conferred on, nor any contractual relationship
intended or established with any person or entity not a
party to this Agreemertt. No such person or emity shall
be entitled to rely on Be's performance of its setyices
hereunder.
XVI. WORK PRODUCT
BC and (:licnt recognize that the scope of sen'lces
performed hereunder has been authorized by the Client
and that any work product generated by BC is intended
solcly for Cliem's bcnetit and use and may not be relied
upon or reused by any third parry wid10ut Be's prior
CL-ES-TC (Rev. 120106)
Page 2 on
Brown and Caldwell/Client
Environmental Services Terms and Conditions (cont.)
written consent. BC's work product shall become the
property of Client \\.'111:0 Be has been fully compensated
as set forth herein. Be may keep copies of all work
product for its records.
XVII. SUSPENSION OF WORK
Work under this Agreement may be suspended as
follows:
1. By Client. By written notice to Be, Client may
suspend all or a portion of the \'{'ork under this
Agreement if unforeseen circumstances beyond
Client's comrol make normal progress of the \Vork
impracticable. Be shall be compensated for its
reasonable expenses resulting from such suspension
including mobilization and de-mobilization. If
suspension is greater than 30 days, then Be shall
have the right to terminate this Agreement in
accorda'nce with Article XVII, Termination ofWark.
2. ~. By written notice to Client, BC may
suspend the Work if BC reasonably determines that
working conditiom at the Site (outside BC's control)
are unsafe, or in violation of applicable laws, or in
the event Client has not made timely payment in
accordance with Article II, Compensation, or for
other circumstances not caused by Be that "are
interfering with the normal pro!-,l"fess of the Work.
BC's suspension of \X'ork hereunder shall be without
prejudice to anr other remedy of BC at law or
equity.
XVIII. TERMINATION OF WORK
This Agreement may be terminated as follows:
1. By Client (a) for its convenience on 30 days' notice
to BC, or (b) for cause, if BC materially breaches this
A!-,71'cement through no fault of Client and BC
neither cures such material breach nor makes
reasonable progress toward cure within 15 days after
Client has h>1ven written notice of the alleged breach
wBe.
2. .Ib:....D.C (a) for its convenience on 30 days' notice to
Client, or (b) for cause, if Client materially breaches
this Agreement through no fault of BC and Client
neither cures such material breach nor makes
reasonable progress coward cure within 15 days after
BC has given wriw.:n notice of the alleged breach to
Client, or (c) upon five days' notice if work under
this Agreement has been suspended by either Client
or Be in the a~l"feh~te for more than 30 days.
In the event of termination, Be shall perform such
additional work as is reasonably necessary for the orderly
closing of the \'(lork. Be shall be compensated for all
work performed prior to the effective date of
termination, plus work required for the orderly closing of
the \'\'ork.
CL-ES-TC (Rev. 120106)
Page 301'3
if
,,,,,,,'.
c:
..
Ql
U
c:
o
U
III
...
c:
Ql
E
c:
o
..
'>
c:
w
...
o
In
III
e
c(
'iii
'-=
c:
Ql
...
o
ll.
...
Ql
..
::::I
Cl
u::
Q.
~
::;
m
~
"
~
u
~
o
(j)
CITY OF
ASHLAND
Council Communication
Approval of an Amendment to the Lithia Sprin~s Ecolo~ical Assessment Contract
Meeting Date: December I, 2009 Primary Staff Contact: James Olson, 552-2412
Department: Public Works E-Mail: olsonj(a)ashland.or.us
Secondary Dept.: Finance Secondary Contact: Michael R. Faught
Approval: Martha Bennett Estimated Time: Consent Agenda
Question:
Will the Council approve a $20,078 amendment to the existing Brown and Caldwell contract to
provide additional soil and water sampling and testing at the Lithia Springs site?
, Staff Recommendation:
Staff recommends approval of a $20,078 amendment to the existing Brown and Caldwell contract to
provide additional soil and water sampling and testing at the Lithia Springs site.
Background:
Executive Summary
On May 19, 2009 the Council approved a $43,972.00 contract with Brown and Caldwell (B&C) to
conduct ah ecological risk assessment of a 33 acre portion of the Lithia Springs property located on
Emigrant Creek Road and commonly referred to as the Gun Club.
The B&C contract included a Level I Scoping Study to be followed by a Level II Screening Study ifit
was indicated by the Level I study. The third element of the contract was to develop Best Management
Practices (BMP' s) for the operation of the shooting ranges. The Level I study has been completed
which indicated the need for a Level II Screening Study along with the need to conduct specific soil
and ground water sampling and testing. This soil and ground water sampling and testing was not
included in the original contract price thus a contract amendment is required to fund this additional
work.
Historv
The Ashland Gun Club (AGC) currently leases 33 acres of the City-owned Lithia Springs property.
The gun range has been in operation since the early 1970s and operates under the terms and conditions
of a lease that was previously managed by the Parks Department. The lease is up for renewal and
Council has asked that the site be assessed for possible adverse affects due to lead deposits and
previous commercial ventures. In addition, staff was asked to identify Best Management Practices
(BMP) for lead control for possible inclusion in the new lease.
Contract
The original contract held by B&C was the result of a Request for Proposal which was advertised on
March 6 of this year. ,In response to the City's request, five proposals were received and B&C was
ultimately chosen as the best responder. The contract was awarded by the Council on May 19,2009.
G:\pub-wrks\eng\09-07 Gun Club Environmental\A_Admin\Cons Vendorl\CC B&C Contract Amendment 12 1 09.doc
Page I of2
!FA 11
CITY OF
ASHLAND
The original contract included costs for the following elements:
L Level I Scoping Study $8,814.00.
2. Level II Screening Study (if required) $32,082.00
3. Development of the Best Management Practices $3,076.00
Total $43,972.00
The Level I study indicated the need for further study (Level II Screening Study) including soil and
ground water testing which was not in the original proposal. B&C's first proposal for the testing and
sampling was over $85,000; however, Staff was able to successfully negotiate the price down to a
more reasonable cost of $20,078. Much of the savings was attributed to the elimination of a drill rig to
collect samples. In place ofthe drill, a City backhoe will be used to dig pits for soil and water
sampling.
The contract is proposed to be amended as follows:
Original Contract Amount $43,972.00
Contract Amendment No. I $20.078.00
Adjust Contract Total $64,050.00 '
The completed risk assessment will ultimately be submitted to DEQ for review and acceptance. The
hoped for outcome will be that DEQ will issue an order of "no further action required" on the site. It is,
however, possible that DEQ may require additional actions which might include additional testing and
sampling, the installation of monitoring wells or other actions beyond the scope ofB&C's contract. If
this occurs, a second contract amendment may be required.
Related City Policies:
AMC Section 2.52.050 requires that the Council approve all contract amendments in excess of25% of
the initial contract. In this instance the amendment to the B&C contract represents a 46% increase. The
proposal meets all other requirements of AMC 2.52.' '
Council Options:
· Council may approve the attached $20,078 Contract Amendment No. I to the Brown and
Caldwell contract;
· Council may suggest revision to the proposed scope of services to further reduce the cost;
· Council may reject Contract Amendment No. I.
Potential Motions:
· Move to approve the attached $20,078 Contract Amendment No I to the existing Brown and
Caldwell contract;
· Move to further modify the contract or proposal;
· Move to reject the attached $20,078 Contract Amendment No. ,I to the existing Brown and
Caldwell contract.
Attachments:
, Contract Amendment No. I
Brown and Caldwell Proposal of November 6, 2009
Vicinity Map
G:\pub-wrks\eng\09-07 Gun Club Environmental\A_Admin\Cons Vendorl)CC B&C Contract Amendment 12 1 09.doc
Page 2 of2
.......
cr. . hcCORDER
Page 1/1
r~'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488.5300
~'~_'f'.:;';"::88A1!E~~_,:':,j :>1 F~~R01NtJJMBERi':i~~
7/1/2009 08981
VENDOR: 008217
BROWN & CALDWELL
PO BOX 45208
SAN FRANCISCO, CA 94145-0208
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Tenn.: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dep!.: ENGINEERING
Contact: Mike Faught
Confirming? No
~uant~1#. [Iur{it~~ ~NJ~?1f(':~.~~~~':',::)[;~t~~~~[f~5esCfi6tlormM;8f;-:~~~{:(,~-;!Yr:~1t':~;Z1~J1W;?{~i~~ t?~iUnitrF!1iCe&:r] [IKt;jEXt'iilBriCE;~jj
THIS IS A REVISED PURCHASE ORDER
Perform an ecologicai risk assessment
of Lithia Springs Property - LEVEL I -
Scoping Study
LEVEL II - Screening Study (If
required) RFP - Contract start
date: 06/01/2009, Completion date:
06/30/2010, Insurance requiredlOn file,
Approved by City Council on 05/19/2009
Processed change order 12/04/2009,
Change Order No. 1 - Approved by City
Council 12/01/2009, Additional soil
and water sampling and testing at the
Lithia Springs site.
11,890.00
32,082.00
20,078.00
31LL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
64 050.00
0.00
0.00
64,050.00
_g-cCoijnilNUiii~ ~~1OjectlNllirlDer;)?~:,':3j ;';'<?~1'A'inount'*;~~~:~ ~:j?AccountlNumb"'erribl1 r!ft~:iP.rojectrNumbe~Y; ~~""molini"
E 260.08.12.00.70420 E 200907.100 64 050.00
#.. ~ .~ ~ /~~/
Autho#tfed Signature
VENDOR COPY
CITY OF
ASHLAND
I FORM #12 I
L_..:..._,,,....~. ~..._.\..._..'_... ,.- _..__~-.,,-.,~_:. ',._', ...-,'1
PriE'RS'Q'N~1i. ,SER~I;GES
L- ----'".- - ~__~..:..o",;::."~_,_",,,_, ~.' ~:.. "~;..<..,,. ''''''' -- ,..-' .' . =1-__.- -",4
CHANGE ORDER/CONTRACT AMENDMENT
APPROVAL REQUEST FORM
C()ritiia(:tvAmendirienf.Sf()rcCPERSON~I:.. 51: Rv,icES
$ C(g)cf77.~ /~a:
,
Original contract amount
Total amount of previous contract amendments
~
Amount of this contract amendment
% of original contract
'./7 (;
, % of original contract
$ b ~~ ~ cJ . CJ---i) I ,v7', b % of original contract
P-c::} c;'? "? i7. C' d
TOTAL AMOUNT OF CONTRACT
Is the total aggregate cost change for the Personal Services contract
less than or equal to 2511.1 of the original contract amount?
YES_NO ~PPlicable_
If "No", City Council approval is required, City Council approval was received on /:p - cP / - cP 1} (Date)
, /
Are there any applicable performance or payment bonds and insurance coverages .
that need to be adjusted to account for the change in the contract amount? YES _ NO ~ Not Applicable_
Contract amendments for personal services are subject to the following conditions: The original contract imposes binding obligation on
the parties covering the terms and conditions regarding changes in the work; or the amended contract does not substantially alter the
scope or nature of the project. Has either of these conditions been l1)et? ./'/
YES~ NO_ N/A
If "NO", Council approval is required. Council approval received on
(Date)
Was the original contract approved by the City Council, or is it exempt?
"7
YES (Approved by Council)
(Date)
NO (Exempt/Not Required)
(Reason for exemption)
Comments I Additional Information:
Prepared by:
(f2.&________ Please circle:
-pt r~ 4 -L...".-,,/ '
/';;:z -?J c/.-cP
Date:
~d) Not Approved
Le~erf' ~
12--/ y.- / tJ./
,
Department:
Date:
Form #11 - Contract Amendment Approval Reque t Form - PERSONAL SERViCES, Page 1 of 1, 12/4/2009
CITY OF
ASHLAND
A request fora Purchase Order
REQUISTION FORM
THIS IS A REQUEST FOR A:
Required Date of Delivery/Service:
[X ] Change Order (existing PO #8981)
Vendor Name:
Address:
City, State, lip
Phone:
Project Title:
Project Number:
Brown and Caldwell
201 N Civic Drive, Suite 115
Walnut Creek CA 94596-3864
925931- 9'1:>/0
Lithia Springs Ecological Risk Assessment
2009-07
Services Only Solicitation Process:
I ] Exempt [ J 3 Written Quotes (copies
attached)
[ J Sole Source {X I Invitation 10 Bid (copies on .
file)
[ ] Less than $5000 [ I ,Request for Proposal (copies
onfl1e)
Description
Total Cost
Change Order No.1 (Council approved 12/1/09)
fr~l~~i:f-:(:{~l55616~~8:;k:~;Nri-~;di~~1:+!I.!
Account Number
260.08.12.00.704200
Employee Signature:
NOTE: By signing
'PI,,,, 'It~'h th, Orlgl," ,Ig"" ",,",,/ "d /,,"""" C'rlllfc'~' 1
Supervisorl Dept. Head Signature: ~~\L::h _ ~
, I certify tha the above request meets with Ctiy of Ashland Solicit/alion Process requirements and can be provided when necessary.
G:Pubwrks\Eng\DeptAdmin\En9ineet\ProjeCI\99-38 Scl1edule A Change OrderslB&C Change order Requisition 12 209.xls
Updaledon: 10113103