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2015-219 Contract - Stantec Engineering Services
Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Stantec Engineering Services Inc. ASHLAND CONTACT: Rebekah Brooks 20 East Main Street Ashland, Oregon 97520 ADDRESS: 225 NE Hillcrest, Suite 5, Grants Pass Or. 97526 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (425) 944-4994 ext: 101 DATE AGREEMENT PREPARED: 5/19/2015 FAX: (425) 449-4097 BEGINNING DATE: 5/20/2015 COMPLETION DATE: 7/30/2016 COMPENSATION: $32,970.00 SERVICES TO BE PROVIDED: Development of an approved Compensatory Wetlands Mitigation Plan for the property at 555 Emigrant Creek Dr. - per attached proposal. Proposal is attached as exhibit C. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said prima City of Ashland Contract. 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 $20,142.20 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. Contract for Personal Services, Revised 07/08/2014, Page 1 of 5 10, Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. 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. G. 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, $2,000,00 0 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. 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, Contract for Personal Services, Revised 07/08/2014, Page 2 of 5 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 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 si n the certification attached hereto as Exhibit A and herein incorporated by reference. Consultant: City of Ashland i~ BYl' By Signaturb Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 07108/2014, 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. i- ~ (3) Telephone listing is used for the business separate from the personal residence listing. (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 07/08/2014, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ash land LIVING comply ALL employers described-imm---wAGE below must of Ashland laws regulating payment of a living wage. =per hour effective June 30, 2014 (Increases annually every June 30 by the Consumer Price Index) - . • portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy; please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: 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 07/08/2014, Page 5 of 5 ,aco CERTIFICATE OF LIABILITY INSURANCE 005/0(MMID 1/2015 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(ies) 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 NCOAMoNEAEGT ANDREA OTTO _ AON REED STENHOUSE INC. aCNNo at):1-952-807-0679 We No): 1-312-381-6608 AON RISK SERVICES CENTRAL, INC aDDAR ss:ANDREA.OTTO AON.COM 900 - 10025 - 102A AVENUE INSURER(S) AFFORDING COVERAGE NAIC # EDMONTON, AB T5J OY2 INSURER A: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED wsURER B: SENTRY INSURANCE A MUTUAL COMPANY 24988 STANTEC CONSULTING SERVICES INC. INSURER ZURICH INSURANCE COMPANY 8160 S HIGHLAND DRIVE INSURER D: SENTRY INSURANCE AM UTUAL COMPANY 24988 SANDY, UT 84093 INSURER E: ALLIANZ GLOBAL RISKS US INSURANCE NSURER F: COVERAGES CERTIFICATE NUMBER: 445 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, ~gEXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSr2 POLICY NUMBER NADSIYEYYY MMIDDIYYYY LIMITS A GENERAL LIABILITY X X GLO5415704 05101/15 05101116 EACHHq OCCURRENCE $ 2,000,000 VA occ ti.) REMIb S(E3""Larence) $ 300,000 X COMMERCIAL GENERAL UABIUTY CLAIMS-MADE FxIOCCUR IVIED EXP (Any one person) $ 10,000 X CONTRACTUAUCROSS LIABILITY PERSONAL & ADV INJURY S 2,000,000 OWNERS&CONTRACTORS XCU COVER INCLUDED GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATELIMIT APPLIES PEP: PRODUCTS -COMPnPAGG $ 2,000,000 POLICY X P X LOC $ B AUTOMOBILE LIABILITY 90-17043-08 05/01/15 05/01116 Eaaccldent $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ HIRED AUTOS AO~10-AWNED (Peraccidenl) DAMAGE $ H U 6 5 C X UMBRELLA LIAR X OCCUR 8831307 05101/15 05/01116 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE EXCESS GENERAL, AUTO AND AGGREGATE $ 5,000,000 ,000 EMPLOYERS LIABILITY (FOLLOW DED X RETENTIONSIO 1 FORM) _ $ D WORKERS COMPENSATION YIN 90-17043-06 05101115 05/01/16 X 1 NY" A - AND EMPLOYERS' LIABILITY ANY OFFICERIMEMBERIEXCLUERIE ECUTN`EZ NIA E. L EACH ACCIDENT $ 1,000,000 (Mandatory in NH) II II E.L. DISEASE - EA EMPLOYEE $ 1,0()C),()00 If V'S,, describe under DRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 E PROPERTY INSURANCE FyLP3009358 05101114 05101115 ALL RISKS REPLACEMENT COST $100,000 LIMIT DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) SANDY, UT THE CITY OF ASHLAND, OR AND ITS ELECTED OFFICIALS, OFFICERS AND EMPLOYEES ARE LISTED AS ADDITIONAL INSURED AS PER WRITTEN CONTRACT. INSURANCE IS PRIMAYR & NON-CONTRIBUTORY AS PER WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES AS PER WRITTEN CONTRACT. THE AGENCYAGREES TO GIVE 30 DAYS WRITTEN NOTICE IN THE EVENT OF CANCELLATION. 10 DAYS NOTICE FOR NON-PAY CANCELLATION CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ASHLAND THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E. MAIN STREET ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Stantec Consulting Services Inc. EXHIBIT C 225 NE Hillcrest Drive, Suite 5 Grants Pass OR 97526 www.stantec.com May 15, 2015 Mike Morrison Public Works Superintendent City of Ashland 90 N. Mountain Ave Ashland, OR 97520 Reference: Proposal & Cost Estimate to Develop a Compensatory Wetland Mitigation Plan for Impacts to a Wetland at Lithia Springs Dear Mr. Morrison, Stantec has prepared this scope of work and cost estimate to develop a Compensatory Wetland Mitigation (CWM) Plan for the City of Ashland (City) to mitigate impacts in an area identified as Wetland 3 on the Lithia Springs property. Delineation of Wetland 3 by Stantec is documented in a report dated October 24, 2014 and entitled Delineation of Waters of the United States, including Wetlands, Lithia Springs Property, and in Stantec's response to comments received from the Oregon Department of State Land (DSL) on the report, dated April 23, 2015. The wetland delineation received Oregon DSL concurrence (WD #2014-0488) on May 1, 2015. Based on evaluations to date, Stantec assumes that Wetland 3 is the only wetland area that lies within the shotgun range impact area at the Ashland Gun Club and the only wetland that will require mitigation. Wetland 3 occupies approximately 0.845 acres in Tax Lot 400, Map 391 El 2. The scope of work and cost estimate provided below detail the necessary wetland mitigation requirements for Wetland 3 in advance of removal and fill activities during lead remediation in the area. Stantec's environmental consulting services for the Lithia Springs CWM Plan will be conducted in accordance with the state of Oregon's Removal-fill Law (ORS 196.795-990). The scope of work will consist of the four tasks described below. Stantec staff will communicate with the DSL Regional Coordinator, Mitigation Specialist, and Wetland Specialist to identify current wetland mitigation requirements for Wetland 3 on the Lithia Springs property, and to explore and identify appropriate CWM site options. This task will include: 1. Working with the City to identify CWM sites on properties owned by the City; 2. If City-owned sites are not feasible, contacting Wildlands, Inc., local natural resource agencies, and non-government organizations to investigate potential partnering opportunities for off-site CWM or purchasing wetland mitigation bank credits; Proposal & Cost Estimate for Wetland 3 CWM Plan 3. Visiting potential CWM sites to assess their usefulness for mitigation wetlands; and 4. Conducting other research (as necessary) to determine the scope of the mitigation effort. Based on research of the mitigation options, any changes to the scope of work and cost estimate will be identified and provided to the City. It is assumed that communications between the agencies, City, and Stantec under this task, including a pre-application conference, will be conducted via telephone. Prior to performance of the field work described under Tasks 3 and , Stantec staff will prepare a site- specific Health and Safety Plan (HASP) in accordance with Occupational Safety and Health Administration (OSHA) Code of Federal Regulation (CFR) 1910.120 for personnel at Wetland 3 and the CWM site. The HASP will include a site description and background, a chemical and physical hazard evaluation, an operations plan, safety equipment and procedures, and emergency procedures. The HASP will be used to inform Stantec personnel and subcontractors of any site hazards and appropriate safety measures to be undertaken when working on the site. Stantec will conduct an assessment of wetland functions and values of Wetland 3 (the impact site) and of the CWM site for off-site mitigation. Since the Stantec wetland delineation identified Wetland 3 as palustrine emergent wetland, the standardized Oregon Rapid Wetland Assessment Protocol will be utilized. A visit to the CWM site will be required to conduct a survey of existing conditions. Scores from these assessments will be presented in the CWM Plan to be prepared under Task 5. The State of Oregon mitigation regulations require that all areas to be used as CWM sites undergo wetland delineation (or a wetland determination if no wetlands are present). Waters of the United States (WoUS) and Waters of the State (WoS), including wetlands (if present), will be delineated on the CWM site identified in Task 1. The wetland delineation will be conducted in accordance with the DSL wetland delineation rules and technical guidance, which requires formal delineations to follow the protocol detailed in Technical Report Y-87-1, United States Army Corps of Engineers (USACE) Wetland Delineation Manual, January 1987, as detailed in the Oregon Administrative Rules (OAR) 141-090-0005 through 0055. Additionally, the USACE has published the Interim Regional Supplements to the 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 present 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, depending on where the CWM site is located. Where differences between the Supplement and the Manual occur, the experience and best professional judgment of the wetland scientist will take precedence. Field work will be conducted in the following order: 1. Research physical, hydrological, and climate data applicable to the Site. 2. Communicate with Jackson County, DSL and USACE to assess Site-specific requirements. 3. Undertake initial survey of surface indicators. Page 2 Proposal & Cost Estimate for Wetland 3 CWM Plan 4. Use the Routine Wetland Delineation Method as prescribed in Technical Report Y-87-1, USACE Wetland Delineation Manual, January 1987. 5. Establish transects in the project areas to characterize homogenous vegetation communities. 6. Record soil profiles in up to 10 test pits along the transects and characterize hydric indicators on field data sheets. 7. Record hydrology in each test pit. 8. Conduct a vegetation survey in strategically located quadrants near the test pits. 9. Assess all data to determine wetland status. 10. Confer with local agencies regarding any jurisdictional considerations. 11. Conduct Streamflow Duration Assessment of any surface watercourses identified. 12. Prepare report and assemble all data sheets, maps, figures, and photographs. 13. Flag and fill test pits for safety. Once the landward extent of any WoUS/WoS and/or wetland boundaries has been flagged, Stantec staff will acquire sub-meter accurate Trimble GeoXH global positioning system (GPS) locations of all flags. All GPS data shall 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 wetland delineation boundary data, test pit locations, and buffer boundaries will be made available upon request in ESRI ArcGIS v.10.2 shapefile or CAD format. While delineated boundaries cannot be finalized until federal and state agency approvals are received, mitigation design can continue to proceed with avoidance and minimization measures early in the planning and design process. This methodology complies with both federal and state jurisdictional determination guidelines, and Stantec readily utilizes this protocol to increase project efficiency At the conclusion of field data collection on the project sites, Stantec will produce a wetland delineation (or wetland determination) report. The report will include an assessment of whether the delineated wetlands and streams meet the criteria for WoUS and WoS (preliminary jurisdictional determination). The final report will also include a description of vegetation, soils, and hydrology at the CWM site; Oregon Streamflow Duration Assessment Method data forms, if required; and the appropriate wetland determination data forms for the region. Site maps will be included in the report depicting all delineated wetlands and WoUS/WoS, as well as a version showing required buffers and test pit locations. Digital data of all boundaries, test pits and buffers in ArcView 9.3 shapefile or CAD format will also be provided on a CD or DVD. The report will be prepared in accordance with the reporting and mapping standards as described and specified in OAR 141-090-0035, and the submission requirements of the USACE. As required by the DSL, the final report will contain the following disclaimer: "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 Department of State Lands in accordance with OAR 141-090-0005 through 141-090-0055." Page 3 Proposal & Cost Estimate for Wetland 3 CWM Plan Stantec will negotiate with the DSL, USACE, and other agencies (as necessary), to define a mutually agreeable CWM strategy, and prepare a conceptual CWM Plan (assuming permittee-responsible mitigation) according to the strategy developed during the pre-application conference and other agency interactions. The CWM Plan will include the following sections/information: • CWM Plan Overview. This overview will serve as an executive summary of the CWM Plan and will include the ecological goals and objectives, the general CWM concept including how replacement is achieved, the mitigation site acreage by methods of mitigation proposed, proposed Hydrogeomorphic and Cowardin classification for each method, and a summary of the proposed losses and gains of wetland functions and values. In Hydrogeomorphic classifications, wetlands are characterized by their landscape position, how water moves through the system, and by extension how wetlands influence water quality, groundwater, habitat, and biodiversity. Primary ranks include: Riverine, Depressional, Mineral Soil Flats, Organic Soil Flats, Slope, Lacustrine Fringe, and Estuarine Fringe. Units are defined by the source and direction of moving water. The Cowardin classification primary ranks wetland and deepwater systems into Marine, Estuarine, Riverine, Lacustrine, and Palustrine. Units are further defined by hydrology, substrate, and structure of dominant vegetation such as aquatic bed, emergent herbaceous, moss-lichen, scrub-shrub, or forested. • CWM Site Ownership and Location Information. This section will identify the CWM landowner and provide a copy of the legal agreement that grants permission to conduct the CWM at the selected location and the commitment of the landowner to provide long-term protection. • Principal Objectives of the CWM Plan. This section will provide the principal objectives of the CWM Plan and describe how the proposed CWM will address each of the objectives. • CWM Existing Site Conditions. This section will describe the site's pre-mitigation condition and what resources are available that support the site being used for CWM. It includes a wetland delineation results summary (from the report prepared under Task 3) and Hydrogeomorphic and Cowardin classes. It details why the CWM site qualifies as degraded wetland and how the CWM Plan will reverse the current degradation and sustain the enhancement of the Site. • Functions and Values Assessment Rationale for Method Used. As determined in Task 3, the rationale for the selection of the functions and values assessment methodology will be discussed. A summary table will be presented tabulating expected gains and losses and explanations for any predicted function or value losses and how those losses may be ameliorated or otherwise mitigated. • CWM Construction Maps and Drawings. This section will contain scaled Site plans that show the project boundary , existing and proposed wetland boundaries, the location and width of buffers, existing contours and water levels, construction access and staging areas, and a plant list for each wetland habitat type. • Monitoring Plan Proposed Performance Standards. This section will outline the practical and repeatable measures of success in meeting the projects ecological goals and objectives. A timeline will be prepared for the achievement of each performance standard. • Long-term Protection and Financial Security Instruments. This section describes the type of protection instrument that will be in place for the Site. Page 4 Proposal & Cost Estimate for Wetland 3 CWM Plan • Mitigation Schedule. This section will provide the proposed mitigation schedule. As indicated above, the schedule will incorporate the timeline for achievement of the performance standards. Project management tasks will consist of frequent telephone communication with the City on project status and progress, scheduling project work and staff, budget tracking, and invoice review. Agency negotiations and communications are included under the individual tasks. The key personnel assigned to this project include the following Stantec staff: • Rebekah Brooks, RG: Rebekah (a licensed geologist in the state of Oregon) will serve as the Project Manager and primary point-of-contact with the City. • Donald Martin, Professional Wetland Scientist (PWS): Donald will be technical lead for CWM site assessment, wetland delineation, CWM Plan preparation, agency negotiations, and assisting with organization of project activities. • Nancy Kang: Nancy will serve as the Senior Technical Reviewer of project deliverables. Stantec's cost estimate for completion of the tasks outlined in this proposal is $32,970. The work will be conducted on a time and materials basis in accordance with Stantec's Professional Services Terms and Conditions (Attachment 1). The estimated cost and proposed scope of work are based on information available to Stantec at this time. If conditions change, unforeseen circumstances are encountered, or work efforts are redirected, the cost estimate may require modification. Charges for work that are not part of the proposed scope of work are not included in the cost estimate. Cost assumptions and items specifically not included within the scope of work are listed below. The cost estimate and timely completion of the tasks outlined in this proposal are dependent upon the following: • Wetland 3 is the only wetland area requiring mitigation at the Lithia Springs Site. • The wetland delineation and functional assessment field work will be conducted during the same field visit. • The Client and representatives (e.g., Stantec) have the legal right to access all parcels within the area surveys shall occur. The Client shall acquire written authorization from the property owner to access the Site prior to commencement of field activities work. Stantec will not be required to secure legal access to subject parcels. • 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. • Agency communications and pre-application conference will be conducted by telephone and will not require travel. Page 5 Proposal & Cost Estimate for Wetland 3 CWM Plan Items specifically not included within the scope of work identified in this proposal include the following: • Certified land survey of property boundaries and/or delineated WoUS/WoS boundaries, including wetlands. • Agency field visits. • Application fees, where necessary. • Environmental surveys, beyond those specifically listed above. • Installation and monitoring of piezometers for hydrology data collection. • Mitigation bank credits. Credits, if required, will be paid by the City. • Other regulatory requirements including, but not limited to, State Historic Preservation Office (SHPO) archeological survey sign-off, Oregon Department of Environmental Quality (DEQ) Toxics Cleanup Program, DEQ National Pollutant Discharge Elimination System (NPDES) permit, DEQ Water Quality Certification, or United States Fish and Wildlife Service (USFWS) Environmental Site Assessment (ESA) consultation, or local agency permits. The items listed above may be added as Additional Services, as requested by the City. Any additional services will not be conducted without prior written authorization from the City. We understand the City's desire to complete this work under an expedited schedule. Therefore, Stantec can begin work on this project immediately after receiving the City's authorization to proceed. Tasks 1 and 2 can be completed within 21 working days of receiving your authorization to proceed, dependent on receipt of the Ashland Gun Club design consultant report and identification of possible CWM sites by the City within one week after receiving authorization. Tasks 3 and 4 can be conducted concurrently; however, Task 4 (wetland delineation of final CWM site) will require completion during a seasonal window that will allow identification of wetland vegetation and conditions during the spring blooming season. Depending on weather conditions, this seasonal window will likely not extend past early June 2015. If Task 4 cannot be conducted during this timeframe, the work will need to be delayed until 2016 when spring conditions are again present. l Page 6 Proposal & Cost Estimate for Wetland 3 CWM Plan By signing below, the City of Ashland (the "Client") authorizes Stantec to proceed with the services described herein and in accordance with Stantec's Professional Services Terms and Conditions (Attachment 1). The Client acknowledges that it has read and agrees to be bound by the terms of this proposal and cost estimate included herein. If this proposal is accepted, all documents prepared by Stantec included in the the scope of work described herein will be for the sole use of the Client. This proposal and Professional Services Terms and Conditions are accepted and agreed upon on the J,q_ day of 2015. Per: City of Ashland, Oregon Client Name Michael Morrison Michael Morrison, Public Works Superintendent Signature We welcome the opportunity to further discuss our proposal and how we will provide responsive services to meet your project needs. Please feel free to contact Rebekah Brooks at 425.977.4994 (extension 101) or rebekah.brooks@stantec.com if you have any questions. We greatly appreciate the opportunity to this proposal to the City of Ashland and would be honored to have the opportunity to demonstrate our expertise on your wetland mitigation project. Sincerely, Rebekah Brooks, RG Donald K. Martin, PWS Senior Associate, Hydrogeology Project Environmental Scientist Q~4 Page 7 ® Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 1 of 2 The following Terms and Conditions are attached to and form part of a proposal for services to be performed by Consultant and together, when the CLIENT authorizes Consultant to proceed with the services, constitute the AGREEMENT. Consultant means the Stantec entity issuing the Proposal. DESCRIPTION OF WORK: Consultant shall render the services described in the Proposal (hereinafter called the "SERVICES") to the CLIENT. TERMS AND CONDITIONS: No terms, conditions, understandings, or agreements purporting to modify or vary these Terms and Conditions shall be binding unless hereafter made in writing and signed by the CLIENT and Consultant. In the event of any conflict between the Proposal and these Terms and Conditions, these Terms and Conditions shall take precedence. This AGREEMENT supercedes all previous agreements, arrangements or understandings between the parties whether written or oral in connection with or incidental to the PROJECT COMPENSATION: Payment is due to Consultant upon receipt of invoice. Failure to make any payment when due is a material breach of this AGREEMENT and will entitle Consultant, at its option, to suspend or terminate this AGREEMENT and the provision of the SERVICES. Interest will accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month (18 percent per annum) or the maximum legal rate of interest. Unless otherwise noted, the fees in this agreement do not include any value added, sales, or other taxes that may be applied by Government on fees for services. Such taxes will be added to all invoices as required. NOTICES: Each party shall designate a representative who is authorized to act on behalf of that party. All notices, consents, and approvals required to be given hereunder shall be in writing and shall be given to the representatives of each party. TERMINATION: Either party may terminate the AGREEMENT without cause upon thirty (30) days notice in writing. If either party breaches the AGREEMENT and fails to remedy such breach within seven (7) days of notice to do so by the non- defaulting party, the non-defaulting party may immediately terminate the Agreement. Non-payment by the CLIENT of Consultant's invoices within 30 days of Consultant rendering same is agreed to constitute a material breach and, upon written notice as prescribed above, the duties, obligations and responsibilities of Consultant are terminated. On termination by either party, the CLIENT shall forthwith pay Consultant all fees and charges for the SERVICES provided to the effective date of termination. ENVIRONMENTAL: Except as specifically described in this AGREEMENT, Consultant's field investigation, laboratory testing and engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater. PROFESSIONAL RESPONSIBILITY: In performing the SERVICES, Consultant will provide and exercise the standard of care, skill and diligence required by customarily accepted professional practices normally provided in the performance of the SERVICES at the time and the location in which the SERVICES were performed. LIMITATION OF LIABILITY: The CLIENT releases Consultant from any liability and agrees to defend, indemnify and hold Consultant harmless from any and all claims, damages, losses, and/or expenses, direct and indirect, or consequential damages, including but not limited to attorney's fees and charges and court and arbitration costs, arising out of, or claimed to arise out of, the performance of the SERVICES, excepting liability arising from the sole negligence of Consultant. It is further agreed that the total amount of all claims the CLIENT may have against Consultant under this AGREEMENT, including but not limited to claims for negligence, negligent misrepresentation and/or breach of contract, shall be strictly limited to the lesser of professional fees paid to Consultant for the SERVICES or $50,000.00. No claim may be brought against Consultant more than two (2) years after the cause of action arose. As the CLIENT's sole and exclusive remedy under this AGREEMENT any claim, demand or suit shall be directed and/or asserted only against Consultant and not against any of Consultant's employees, officers or directors. Consultant's liability with respect to any claims arising out of this AGREEMENT shall be absolutely limited to direct damages arising out of the SERVICES and Consultant shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the CLIENT, including but not limited to claims for loss of use, loss of profits and/or loss of markets. INDEMNITY FOR MOLD CLAIMS: It is understood by the parties that existing or constructed buildings may contain mold substances that can present health hazards and result in bodily injury, property damage and/or necessary remedial measures. If, during performance of the SERVICES, Consultant knowingly encounters any such substances, Consultant shall notify the CLIENT and, without liability for consequential or any other damages, suspend performance of services until the CLIENT retains a qualified specialist to abate and/or remove the mold substances. The CLIENT agrees to release and waive all claims, including consequential damages, against Consultant, its subconsultants and their officers, directors and employees arising from or in any way connected with the existence of mold on or about the project site whether during or after completion of the SERVICES. The CLIENT further agrees to indemnify and hold Consultant harmless from and against all claims, costs, liabilities and damages, including reasonable attorneys' fees and costs, arising in any way from the existence of mold on the project site whether during or after completion of the SERVICES, except for those claims, liabilities, costs or damages caused by the sole gross negligence and/or knowing or willful misconduct of Consultant. Consultant and the CLIENT waive all rights against each other for mold damages to the extent that such damages sustained by either party are covered by insurance. Professional Services Terms and Conditions on S1anNet Forms> Company Forms>Risk Management> Standard Form Agreements ® Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 2 of 2. DOCUMENTS: All of the documents prepared by or on behalf of Consultant in connection with the PROJECT are instruments of service for the execution of the PROJECT. Consultant retains the property and copyright in these documents, whether the PROJECT is executed or not. These documents may not be used for any other purpose without the prior written consent of Consultant. In the event Consultant's documents are subsequently reused or modified in any material respect without the prior consent of Consultant, the CLIENT agrees to defend, hold harmless and indemnify Consultant from any claims advanced on account of said reuse or modification. Any document produced by Consultant in relation to the Services is intended for the sole use of Client. The documents may not be relied upon by any other party without the express written consent of Consultant, which may be withheld at Consultant's discretion. Any such consent will provide no greater rights to the third party than those held by the Client under the contract, and will only be authorized pursuant to the conditions of Consultant's standard form reliance letter. Consultant cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format ("Electronic Files"). CLIENT shall release, indemnify and hold Consultant, its officers, employees, Consultant's and agents harmless from any claims or damages arising from the use of Electronic Files. Electronic files will not contain stamps or seals, remain the property of Consultant, are not to be used for any purpose other than that for which they were transmitted, and are not to be retransmitted to a third party without Consultant's written consent. FIELD SERVICES: Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with work on the PROJECT, and shall not be responsible for any contractor's failure to carry out the work in accordance with the contract documents. Consultant shall not be responsible for the acts or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the PROJECT. Consultant shall not be the prime contractor or similar under any occupational health and safety legislation. GOVERNING LAW/COMPLIANCE WITH LAWS: The AGREEMENT shall be governed, construed and enforced in accordance with the laws of the jurisdiction in which the majority of the SERVICES are performed. Consultant shall observe and comply with all applicable laws, continue to provide equal employment opportunity to all qualified persons, and to recruit, hire, train, promote and compensate persons in all jobs without regard to race, color, religion, sex, age, disability or national origin or any other basis prohibited by applicable laws. DISPUTE RESOLUTION: If requested in writing by either the CLIENT or Consultant, the CLIENT and Consultant shall attempt to resolve any dispute between them arising out of or in connection with this AGREEMENT by entering into structured non- binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of thirty (30) calendar days with the mediator, if mutually agreed, the dispute shall be referred to arbitration pursuant to laws of the jurisdiction in which the majority of the SERVICES are performed or elsewhere by mutual agreement. ASSIGNMENT: The CLIENT and Consultant shall not, without the prior written consent of the other party, assign the benefit or in any way transfer the obligations under these Terms and Conditions or any part hereof. SEVERABILITY: If any term, condition or covenant of the AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the AGREEMENT shall be binding on the CLIENT and Consultant. FLORIDA CONTRACTS: PURSUANT TO FLORIDA STATUTES CHAPTER 558.0035 AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE. Professional Services Terms and Conditions on StanNet Forms> Company Forms>Risk Management> Standard Form Agreements Page 1 / 1 CITY OF " ® ASHLAND DATE PO NUMBER 20 E MAIN ST. 5/22/2015 12882 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 018876 SHIP TO: Ashland Public Works STANTEC CONSULTING SERVICES (541) 488-5587 13980 COLLECTIONS CENTER DRIVE 51 WINBURN WAY CHICAGO, IL 60693 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Mike Morrison Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Development of a DSL approved 32,970.00 Compensatory Wetlands Mitiqation Plan Contract for Personal Services Beqinninq date: 05/20/2015 Completion date: 07/30/2016 SUBTOTAL 3Z970.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 32,970.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 410.08.24.00.60410 E 200907.999 32 970.00 Authorized Signature VENDOR COPY r. FORM #3 CITY OF ASHLAND REQUISITION Date of request: 5/19/2015 Required date for delivery: 7/30/2016 Vendor Name Stantec Consulting Services Inc. Address, City, State, Zip 225 NE Hillcrest Drive, Stuite 5, Grants Pass Or. 97526 Contact Name & Telephone Number Rebekah Brooks: (425) 977-4994 Ext: 101 Fax Number (425) 449-4097 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 proposal 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 ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency E Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: Date ❑ (3) Written proposals/written solicitation Date approved by Council: E Form #4, Personal Services $5K to $75K Valid until: (Date) I Description of SERVICES Total Cost Development of a DSL approved Compensatory Wetlands Mitigation Plan $32,970.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quote/proposal $ Project Number 200907.999 Account Number 410.08.24.00.604100 Account Number Account 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: .G~/G_./" Department Head: c m. a (Equa tb or a er than $5,000) Department Manager/Supervisor: City Administrator: -se o G:a' p t o (Equal to or greater than $25,000) Funds appropriated for current fiscal year. W / NO Finance Director- (Equal to greater than $5,000) Date Comments: Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Mike Faught Date: 5/19/2015 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Public Works Department intends to work with Stantec Consulting Services Inc. to develop a Department of State Lands (DSL) approved Compensatory Wetlands Mitigation (CWM) Plan to mitigate areas affected by use of the area as a shotgun range. This plan is expected to be developed by the end of July but as portions of this project could be weather dependent and must be done during the growing season (April to Mid June, depending on weather), it is possible plan development could take until July of 2016. Stantec will be responsible for developing a plan and working with all applicable regulatory agencies to develop an approved plan. The intent of the CWM Plan is to develop an approved method to mitigate the wetlands and remove any potential threat to waters of the state caused by the use of lead shot. The expected cost for the development of this plan is $32,970.00 as outlined in the attached cost estimate. The contract will extend to July of 2016 however every effort will be made to be finished by July of 2015. Weather will determine this timeline. The CWM Plan will be utilized to mitigate a potential problem in the wetlands at the Emigrant Creek (Gun Club) property. This plan is necessary to gain regulatory acceptance and approval to correct the issue of lead in a wetlands, as identified at this site. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 2, 5119/2015 Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The development of a CWM Plan requires highly specialized technical and scientific knowledge, available City staff does not have the experience or expertise to conduct this type of work. Form #4 - Department Head Determinations to Procure Personal Services, Page 2 of 2, 5/19/2015