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HomeMy WebLinkAbout2014-191 Contract - JBR Environmental Consultants Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: JBR Environmental Consultants, Inc. ASHLAND CONTACT: Jonathan D. Williams R.G. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1911 United Way Telephone: 541/488-6002 Medford, OR 97504 Fax: 541/488-5311 TELEPHONE: 541/770-6977 DATE AGREEMENT PREPARED: 4/24/2014 FAX: 541/770-7019 BEGINNING DATE: 5/1/2014 COMPLETION DATE: 10/1/2014 COMPENSATION: Not To Exceed (NTE) $7,583 SERVICES TO BE PROVIDED: Reference exhibit C Proposal and Cost Estimate ADDITIONAL TERMS: None. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,825 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at an time b mutual consent of both parties. Contract for Personal Services, Revised 06/30/2013, Page 1 of 5 b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or Contract for Personal Services, Revised 06/30/2013, Page 2 of 5 intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. 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 IN WRITING 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 CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Cons ul City of Ashland By By Signature Department H d Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with r~ the signed contract. Purchase Order No.~ Contract for Personal Services, Revised 06/30/2013, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. V/ (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Personal Services, Revised 06/3012013, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2013 (Increases annually every June 30 by the Consumer Price Index) portion of business of their cafeteria plans (including employer, if the employer has childcare) benefits to the ten or more employees, and amount of wages received by has received financial the employee. assistance for the project or ➢ For all hours worked under a business from the City of ➢ Note: "Employee" does not service contract between their Ashland in excess of $19,825. include temporary or part-time employer and the City of employees hired for less than Ashland if the contract ➢ If their employer is the City of 1040 hours in any twelve- exceeds $19,825 or more. Ashland including the Parks month period. For more and Recreation Department. details on applicability of this ➢ For all hours worked in a policy, please see Ashland month if the employee spends ➢ In calculating the living wage, Municipal Code Section 50% or more of the employers may add the value 3.12.020. employee's time in that month of health care, retirement, working on a project or 401 K and IRS eligible additional For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, Revised 06/30/2013, Page 5 of 5 EXHIBIT C JBR Environmental Consultants, Inc. 1911 United Way Medford, Oregon 97504 / B R' [p] 541.770.6977 [ f 1541,770.7019 creating solutions for today's environment www.jbrenv.com April 22, 2014 Mr. Mike Morrison, Jr. Engineering Services Manager City of Ashland 20 East.Main Street Ashland, Oregon 97520 Re: Proposal and Cost Estimate for City of Ashland Gun Club Project Wetland Delineation Update and Re-Submission 555 Emigrant Creek Road, Ashland, Oregon 97520 Dear Mr. Morrison, As requested by City of Ashland, JBR Environmental Consultants, Inc. (JBR) has prepared this scope of work and cost estimate to complete the wetland delineation activities for the City of Ashland Gun Club Project located at 555 Emigrant Creek Road in Ashland, Oregon. The wetland delineation report would be updated to verify and adjust the previously identified wetland as necessary. As an option, we have included a bit of wetland at the toe of the slope between the entrance road and Wetland 1 that was not done earlier. The key personnel assigned to this project will include Mr. Jonathan Williams who will be the project manager; Mr. Donald K. Martin, who will perform the field work and reporting; and Ms. Nancy Kang, who will be the senior reviewer. SCOPE OF WORK Task 1- Update Site-Specific Health and Safety Plan Under this task, the site-specific health and safety plan (HASP) developed in 2011 will be updated. The estimated cost to complete Task 1 is $83 (see Estimated Project Budget in Table 1). MA- Proposals\2014 Proposals\City of Ashland\Gun Club Wetland Update and Resubmission Proposal.docx JBR Environmental Consultants, Inc. Mr. Mike Morrison, Jr. April 22, 2014 Page 2 Task 2 - Update Wetland Delineation Data The State of Oregon regulates all wetlands and streams regulated by the United States Army Corps of Engineers (USACE), but also regulates isolated wetlands and water bodies such as vernal pools and swales that the USACE no longer regulates. Waters of the United States (WoUS) and Waters of the State (WoS), including wetlands, which were delineated in 2011 will be re-examined to verify or update the data in accordance with the Oregon Department of State Lands (DSL) wetland delineation rules and technical guidance. The section of ordinary high water line (OHWL) along the south bank of Emigrant Creek within the former Miller property will be delineated. The wetland delineation procedure will follow the protocol detailed in Technical Report Y-87-1, Corps of Engineers Wetland Delineation Manual, January 1987, as detailed in Oregon Administrative Rules (OAR) 141-090-0005 through 0055. The USACE has published the Regional Supplements to the Corps of Engineers Wetland Delineation Manual, which are now required to be used on all wetland delineations submitted for concurrence from DSL or the USACE. These Regional Supplements presents wetland indicators, delineation guidance, and other information that is specific to the project region. The Western Mountains, Valleys, and Coast Region Supplement, or the Arid West Supplement will be used. Where differences between the Supplement and the Manual occur, the experience and best professional judgment of the wetland scientist will take precedence. JBR staff shall also evaluate any surface waters found in the study area to determine status as traditionally navigable waters (TNW) or relatively permanent waters (RPW) using the Oregon Streamflow Duration Assessment Method and accompanying assessment data forms. This methodology has been developed by the USACE to guide wetland scientists in the identification of the geomorphic, hydrological, and biological indicators of stream flow to help distinguish between ephemeral, intermittent, and perennial streams to aid in making jurisdictional determinations. DSL highly recommends inclusion of this data for expedience and accuracy in completing jurisdictional determinations of surface waters. JBR staff will instigate liaison with USACE and the Oregon DSL during wetland delineation activities. Methodology for Wetland Delineation Field Work The survey area is based on the wetland delineation originally submitted to the DSL in July 2011, and shown in Attachment A. In addition to the survey area identified in Attachment A, a small lobe of Wetland 1 that was not previously delineated will be included in the May 2014 field work. This relatively small area was not previously included since it was not in the flow path of waters emanating from the gun club shot fall area. However, it is being included in the May 2014 field effort based on DSL guidance suggesting the balance of wetlands in the tax lot south of Emigrant Creek be documented. MA- Proposals\2014 Proposals\City of Ashland\Gun Club Wetland Update and Resubmission Proposal.docx JBR Environmental Consultants, Inc. Mr. Mike Morrison, Jr. April 22, 2014 Page 3 JBR's scope of work and cost estimate assumes the delineation can be completed in one site visit during the early spring (early May 2014). The fieldwork would be conducted in the following order: 1. Update physical, hydrological, and climate data applicable to the Site. 2. Liaise with City of Ashland, DSL, and USACE as required. 3. Record soil profiles in up to fifteen (10) test pits to verify hydric indicators, hydrology and vegetation on field data sheets. 4. Assess all data to determine wetland status. 5. Conduct Streamflow Duration Assessment of any surface watercourses identified. 6. Flag and fill test pits for safety. The estimated cost to complete Task 2 is $3,409 (see Table 1, Estimated Project Budget). Task 3 - Geospatial Data Collection Once the landward extent of any WoUS/WoS and/or wetland boundaries have been flagged, JBR will use a Trimble GeoXH global positioning system (GPS) to record the locations of all flags. All GPS data will be post-processed, with accuracy generally accepted at the sub-half-meter level. This level of data collection is assumed to be sufficient for formal determination of jurisdiction, Section 404 dredge and fill and/or State of Oregon removal-fill permitting (as necessary), and engineering design services (as necessary). Digital delineation boundary data will be made available, upon request, within two (2) days of field survey completion, in ESRI ArcGIS v.10.x shapefile or AutoCad format. While delineated boundaries cannot be finalized until federal and state approvals are received, this provides an opportunity to advance schedules and design projects with avoidance and minimization measures early in the planning and design process or to undertake initial mitigation planning. This methodology complies with both federal and state jurisdictional determination guidelines, and JBR readily utilizes this protocol to increase project efficiency. Hard copy figures and maps will be included in the report depicting all delineated wetlands and WoUS/WoS, plus a version showing required buffers. Digital data of wetland boundaries, test pits and buffers in ArcView v.10.x shapefile or AutoCad format will also be provided on CD or DVD at the completion of the project. The estimated cost to complete Task 2 is $571 (see Table 1, Estimated Project Budget). Task 4 - Prepare and Submit Wetland Delineation Report At the conclusion of field verification and data collection at the site, JBR will prepare a wetland delineation report including an assessment of whether the delineated wetlands and streams MA- Proposals\2014 Proposals\City of Ashland\Gun Club Wetland Update and Resubmission Proposal.docx JBR Environmental Consultants, Inc. Mr. Mike Morrison, Jr. April 22, 2014 Page 4 meet the criteria for WoUS and/or WoS (preliminary jurisdictional determination). The report will include a description of vegetation, soils, and hydrology in the project area; site maps depicting project location, soils, and the extent of WoUS/WoS, including wetlands, on the site; Oregon Streamflow Duration Assessment Method data forms if required; and the appropriate wetland determination data forms for the region. This report will meet the reporting and mapping standards as described and specified in OAR 141-090-0035 and will satisfy submission requirements of the USAGE. The report will contain the following disclaimer as required by the DSL: "This report documents the investigation, best professional judgment, and conclusions of the investigator. It is correct and complete to the best of my knowledge. It should be considered a Preliminary Jurisdictional Determination of wetlands and other waters and used at your own risk unless it has been reviewed and approved in writing by the Oregon DSL in accordance with OAR 141-090-0005 through 141-090-0055." The estimated cost to complete Task 3 is $2,353 (see Table 1, Estimated Project Budget). Task 5 - Project Management JBR will provide project management services for this project. Services will include coordination and scheduling of JBR staff, organization of project activities, and liaison with the City of Ashland, USACE and the Oregon DSL during the delineation review period via telephone calls or email. Occasionally, the DSL and/or USACE will request a field visit with the wetland consultant in order to verify the accuracy of the delineation report. This service is considered out of scope, and will be provided according to the attached 2014 JBR Rate Sheet (Attachment B). In the event a field meeting is requested, JBR will prepare for, and attend, a field verification of the delineation with the regulatory agencies and, if requested, JBR will re-stake the wetland boundaries with pin flags prior to the meeting. JBR's role during the field review will be to describe and justify the delineation results and answer technical questions. The estimated cost to complete Task 5 is $1,161 (see Table 1, Estimated Project Budget). This estimated cost does not include a field visit with the Oregon DSL or USACE in order to verify the accuracy of the delineation report. STATEMENT OF ASSUMPTIONS • The aggregate linear footage of WoUS/WoS boundaries, including wetlands, will not exceed 2,000 linear feet. This is a reasonable estimate of the study area based on recent aerial photography review. • Delineated areas may be subject to both federal and state jurisdiction, and therefore concurrence from the both the USACE and the Oregon DSL will be sought. MA- Proposals\2014 Proposals\City of Ashland\Gun Club Wetland Update and Resubmission Proposal.docx JBR Environmental Consultants, Inc. Mr. Mike Morrison, Jr. April 22, 2014 Page 5 • A certified land survey of parcel boundaries and/or delineated WoUS/WoS boundaries will not be required to secure formal determination of federal and state jurisdiction. • State and federal reviewers will not require accompaniment by JBR staff during field review of delineated areas and issuance of formal determination of jurisdiction. ITEMS NOT INCLUDED IN THIS SCOPE OF SERVICES • Certified land survey of property boundaries and/or delineated WoUS/WoS boundaries, including wetlands. • Agency field visits. • Application fees, where necessary. DSL Wetland review fee for 2014 is $396 and is adjusted annually. The wetland review fee is normally paid directly to DSL by the land owner. • Federal Clean Water Act, Section 404 dredge and fill or Oregon DSLs removal-fill permitting. • Environmental surveys, beyond those specifically listed above. The items listed above may be added as Additional Services, to be invoiced according to JBR's Standard 2014 Rate Schedule (Attachment B). Additional Services will not be conducted without prior written authorization from the Client. BUDGET AND SCHEDULE The estimated cost to complete the proposed scope of work in Tasks 1 through 5 is $7,583. JBR bills for time and materials, consistent with the attached Rate Schedule in Attachment B. Charges for work that are not part of the proposed scope of work are not included in the budget estimate. The estimated cost and proposed scope of work are based on information available to JBR at this time. If conditions change, unforeseen circumstances are encountered, or work efforts are redirected, the cost estimate may require modification. This proposal is valid for 60 days. If the proposal is acceptable to the City of Ashland, a new work order under our existing master services agreement can be prepared to complete the proposed scope of work. JBR anticipates conducting the wetland delineation work during May 2014, depending on weather conditions and the arrival of the growing season. We will deliver the draft report within 4 weeks of the field work. MA- Proposals\2014 Proposals\City of Ashland\Gun Club Wetland Update and Resubmission Proposal.docx JBR Environmental Consultants, Inc. Mr. Mike Morrison, Jr. April 22, 2014 Page 6 Thank you for the opportunity to submit this proposal. Please call if you have questions. Sincerely, JBR Environmental Consultants, Inc. Jonathan D. Williams, R.G. Senior Hydrogeologist Attachments: References Table 1- Estimated Project Budget Attachment A - 2011 Wetland Delineation Map Attachment B -JBR Rate Sheet MA- Proposals\2014 Proposals\City of Ashland\Gun Club Wetland Update and Resubmission Proposal.docx ]BR Environmental Consultants, Inc. Mr. James Olson April 22, 2014 Page 7 REFERENCES Oregon Streamflow Duration Assessment Method Interim Version. Brian J.D. Topping, Tracie- Lynn Nadeau, Michael R. Turaski. Public Notice release, March 6, 2009. United States Army Corps of Engineers (ACOE). Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, Environmental Laboratory, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 1987 United States Army Corps of Engineers (ACOE). Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2). 2008. United States Army Corps of Engineers (ACOE). Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. 2008 MA- Proposals\2014 Proposals\City of Ashland\Gun Club Wetland Update and Resubmission Proposal.docx JBR Environmental Consultants, Inc. ATTACHMENTA 2011 WETLAND MAP ATTACHMENT B 2014 JBR RATE SHEET Table 1 Estimated Project Budget May 2014 Wetland Delineation Ashland Gun Club 555 Emigrant Creek Road Ashland, Oregon Task JBR JBR Direct Subs/ Total Hours Labor Costs Outside Services 1 - Health and Safety Plan 1 $ 83 $ - $ - $ 83 2 - Update Wetland Delineation Data 22 $ 2,794 $ 466 $ 150 a $ 3,409 3 - Geospatial Data Collection 4 $ 508 $ 63 $ - $ 571 4 - Prepare and Submit W/D Report 19 $ 2,353 $ - $ - $ 2,353 5 - Project Management 8 $ 1,168 $ - $ - $ 1,168 Project Totals 54 $6,906 $ 528 $150 $ 7,583 Notes: a Includes billable equipment and per diem Ashland Gun Club Wetland Budget-Rev.xlsx/SUMMARY SHEET JBR Environmental Consultants, Inc. ATTACHMENT A 2011 WETLAND MAP 3 ~ z U [ ~rJ c a~ ~S ~ Y•F Y II ' 0 a O_ Y C_ co 0 c C: g. S_ co y ' ~a i ~00, _rn m a Y m y, ~ ~ t m C Ll- W m =Milo a:;. r_rnr j C t.. L LO ~ J w . S cu o tq J Q U 41 - } m a) 70 a) c U) a, a.. _1 0 o U t, A g~ a -6 ~ ~ p Q ~ FS 0 +A r t O r (7 LLl J C9 N 0 '-34 F w J r: ATTACHMENT B 2014 JBR RATE SHEET JBR ENVIRONMENTAL CONSULTANTS, INC. CONFIDENTIAL BUSINESS INFORMATION (Commercial Rates) SCHEDULE OF PROFESSIONAL FEES AND EXPENSE CHARGES January 1, 2014 through December 31, 2014 Environmental Scientists, Engineers, Specialists, Support, Design, and Graphics Staff and Analysts Hourly Hourly Billing Title Rate Billing Title Rate Principal 232.00 Accountant 98.00 Operations Manager 200.00 Accounting Assistant 69.00 Senior En ineer/Scientist 175.0 Administrative/Technical Assistant 69.00 Project En ineer/Scientist IV 165.00 GIS Analyst III 80.00 Project En ineer/Scientist III 153.00 Senior Gra hics Specialist 100.00 Project En ineer/Scientist II 143.0 Technical Editor 97.00 Project Engineer/Scientist 1 134.00 Information Tech/GIS/S stems S ecialist 106.00 Environmental Specialist/Engineer 111 127.00 Environmental Specialist/Engineer II 116.00 Equipment Fees and Expense Charges Environmental Specialist/Engineer 1 108.0 Item Fee Environmental Analyst 111 102.00 Mileage " IRS rate + 20% Environmental Analyst II 96.00 Off-Road 4x4 $38.00/da Environmental Analyst 1 88.00 Other Equipment Charges varies b equipment Assistant Enviornmental Analyst 81.00 Black and White Copies $0.15 each Sr. Field Testing Manager 124.0 Colored Copies 81r2 x1111 1x17$0.75 / $0.9 Field Testing Manager 90.00 Plotting Charges varies b siz Sr. Environmental Technician 80.00 Handling Charge 15% Environmental Technician 69.00 Hazardous Materials Brokera e Fee 17% Rented vehicles charged at rental cost & fuel + 15% Expert Witness Testimony Deposition and Trial testimony offered at 200% of the appropriate hourly rate. Preparation time is billed at 150% of the hour) rate plus expenses. t 1 Stantec Consulting Services Inc. »>+~~~eee 8160 South Highland Drive Sandy UT 84093 JBR Tel: (801) 943-4144 Fax: (801) 942-1852 May 27, 2014 City of Ashland 20 East Main Street Ashland, OR 97520 Attention: Mike Morrison Reference: Contract for Services Dear Sir/Madam: Please be informed that on May 9, 2014, Stantec Consulting Services Inc. ("Stantec") purchased certain of the assets of JBR Environmental Consultants, Inc. ("JBR") with the result that the ongoing business and affairs of JBR is now wholly owned by Stantec. Stantec will maintain JBR's present office locations with no interruption in operations or client services, and all future projects and operations will be under the Stantec name. The Stantec community unites more than 13,000 employees working in over 200 locations. Our work-professional consulting in planning, engineering, architecture, interior design, landscape architecture, surveying, environmental sciences, project management, and project economics-begins at the intersection of community, creativity, and client relationships. With a long-term commitment to the people and places we serve, Stantec has the unique ability to connect to projects on a personal level and advance the quality of life in communities across the globe. Stantec's vision includes working with the best clients on the best projects and providing the best services. Accordingly, please be assured that the continuity of your current project will be unaffected by this new arrangement. The caliber of the personnel currently working on your project will not change and, except for the assignment requested herein, no other aspect will be affected. In this regard, we request your approval to assign all existing contracts in the name of JBR Environmental Consultants, Inc. to Stantec. Kindly indicate your consent to the request for assignment by returning a duplicate copy of this letter, executed by a duly-authorized representative, on behalf of the City of Ashland to Cate Bernardo, Contracts Administrator, at the address above, or via email at cbernardo@jbrenv.com. Sincerely, Cate Bernardo Contracts Administrator The undersigned hereby consents to the assignment of the Contract noted above to Stantec Consulting Services Inc., effective 2014. Signature Printed Name and Title #:0527-3 Reference(s): B.AI 1220.00 JBRC010 OP ID: JN `~~.°ROR CERTIFICATE OF LIABILITY INSURANCE PATEEMWDONYYY) 08106/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 801-486-1373 NAME: Olympus Insurance Agency 801-485-fi943 HON o Ext : A X No : PO Box 65608 Salt Lake City, 84165-0608 ADDRI@ . F. David ChildJr. INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: American Economy Insurance Co INSURED JBR Envrmmntl. Consultants Inc INSURER B: Homeland Insurance Co. of NY 8160 South Highland Drive A-4 INSURERC: Sandy, UT 84093 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER PO DDY EFF POLICY EXP LTR MM OD/YYYY LIMITS GENERALUABILITY EACH OCCURRENCE $ 2,000,00 TO RE ED 50,00 B X COMMERCIAL GENERAL LIABILITY X 793000210 0002 08104113 08104114 DAMAGE PREMISES La occurrence $ CLAIMS-MADE Q OCCUR MED EXP An one person) $ 5,00 B X Pollution Liab 7930002100002 08104113 08104114 PERSONAL & ADV INJURY $ 2,000,00 B X Prof Liab Clms Mid 793000210 0002 08104113 08104/14 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY _ COMBINED ISINGLE LIMIT $ 1,000,00 A X ANY AUTO 02CF-223524 08104113 08/04114 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS $ NON-OWNED PeOPE den DAMAGE HIREDAUTOS AUTOS UMBRELLA LIAR H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEO RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY - YIN DRY Ll. TS ER $ ANYPROPRIETOR/PARTNER/EXECUTIVE r-- NIA RL. EACH ACCIDENT OFFICERIMEM13ER EXCLUDED? (Mandatory in NH) E.L. DISEASE-FA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Inland Marine 02CE223524 08/04113 08104/14 Rented Eq 100,00 A Property 02CE223524 08!04113 08/04/14 DESCRIPTION OF OPERATIONS/ LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Ashland, Oregon, and its elected officials, officers and employees are listed as additional Insureds. The insured General Liability Policy is primary and non-contributory to The City of Ashland, Oregon, and its elected officials, officers and employees. The agency agrees to provide 30 days written notice in the event of cancellation. 10 days written notice CERTIFICATE HOLDER CANCELLATION ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTAP&S F. David Child, J WFR ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE ASHLAND JBRC010 PAGE2 INSUREDS NAME JBR Envrmmntl. Consultants Inc OP ID: JN DATE 08106113 for non-payment cancellation. Page 1 / 1 tiaR t•C CITY OF S H LAND DATE PO NUMBER A ,20 E MAIN ST. 5/23/2014 12256 ASHLAND, OR 97520 l (541) 488-5300 VENDOR: 015886 SHIP TO: Ashland Public Works JBR ENVIRONMENTAL CONSULTANTS (541) 488-5587 8160 S HIGHLAND DR 51 WINBURN WAY SANDY, UT 84093 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Mike Morrison Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price THIS IS A REVISED PURCHASE ORDER Wetland Delineation 7,583.00 Contract for Personal Services Beqinninq date: Mav 1, 2014 Completion date: October 1, 2014 SUBTOTAL 7,583.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 7,583.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 410.08.24.00.60410 E 200907.100 7,583.00 VENDOR Authorizeff Signature COPY FORM #3 CITY OF y regLiest for a PUrr,haSe rdle3, ASHLAND REQUISITION Date of request: '11z,41"9 Required date for delivery: -As A(> Vendor Name ~5eZ. E~Vteotyfy~E~` LtD SvLXA.rWs~- 3!N(.. Address, City, State, Zip tqU Uwreo W,°-`~ M O p f c~2 97-SCA Contact Name &Telephone Number ~•C'P4 y~l~u~.iawts-~ - 54tl7-~--'-'ct4:r Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or ro osal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES El Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: (Date) I Description of SERVICES Total Cost ~t~tLMSD ~Eu uE..A-itoc~l Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $ Project Number ____Account Number___-__-__- Account Number4Account Number___-__-__- - 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. / Employee: Department Head: t~ S / ^ t f t S~ (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: ESQ / NO Finance Director- (Equal to orgy terthan $5,000) Date Comments: Form #3 - Requisition Kari Olson From: Mike Morrison Jr [morrism@ashland. or.us] Sent: Thursday, June 05, 2014 9:48 AM To: 'David Lohman' Cc: 'Kari Olson' Subject: Contact Change Attachments: JBR Assignment Letter 0527- 3.pdf The company we've been working with for the past couple years on the wetlands delineation at the gun club was recently purchased by a larger engineering firm. They have agreed to honor all existing agreements, they just need us to agree to let them agree (does that make any sense). The letter stating our understanding of the contract name change is attached, they would like us to sign it and return it to them. Am I OK to have Mike Faught sign this letter and send it to them? Do I need to do anything else? We will still be working with the same people in the same offices, just a different name. Thanks, Mike Mike Morrison, Public Works Superintendent City of Ashland Public Works 90 N. Mountain Ave, Ashland, OR 97520 Phone (541) 552-2325, TTY (800) 735-2900 Fax (541) 552-2304 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2355 . Thank you I