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HomeMy WebLinkAbout2015-265 Contract - Stantec Consulting Services Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Stantec Consulting Services Inc. ASHLAND CONTACT: Rebekah Brooks 20 East Main Street Ashland, Oregon 97520 ADDRESS: 225 NE Hillcrest Drive, Suite 5, Grants Pass Or. Telephone: 541/488-6002 97526 Fax: 541/488-5311 TELEPHONE: (541) 479-0550 DATE AGREEMENT PREPARED: 9/10/2015 FAX: (425) 449-4097 BEGINNING DATE: 9/11/2015 COMPLETION DATE: 9/11/2016 COMPENSATION: Not to exceed $10,000 for Remedial Action Plan development and submittal. Up to but not to exceed $5,000 for any response or follow up work required by the DEQ plan review and response. SERVICES TO BE PROVIDED: Development and submittal of a Remedial Action Plan (RAP) to the Oregon DEQ. Plan will be developed according to the scope of work attached to this contract as exhibit C. Follow up work will be determined by the response from Oregon DEQ. If DEQ requests additional information or further investigation, that work will be completed as requested. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services Wll 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 primary 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 Contract for Personal Services, Revised 06/0212015, Page 1 of 5 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 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. 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: L 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 1 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. G. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, 2000 000 or Not Applicable for each occurrence for Bodily Injury and Property i Contract for Personal Services, Revised 06/02/2015, Page 2 of 5 a g$g i Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: i $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 intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to 4 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 by reference. Consultant: Stantec Consulting Services, Inc. City of Ashland Y Signature Department Head Rebekah Brooks " 1, 11 1 " Print Name Print Name Sr. Associate Hydrogeology 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 06/02/2015, 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 i purchased for the business. 1 (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. i Contractor (Date) Contract for Personal Services, Revised 06/02/2015, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING below ALL employers described comply payment of Ashland laws regulating living wage. per hour effective June 30, 2015 (Increases annually every June 30 by the ILA 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, 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 06/02/2015, Page 5 of 5 Exhibit `C' Stantec Consulting Services Inc. 225 NE Hillcrest Drive, Suite 5, Grants Pass OR 97526 Tel: (541) 479-0500 www.stantec.com September 8, 2015 Mike Morrison, Jr. Public Works Superintendent City of Ashland 90 N. Mountain Ave Ashland, OR 97520 Re: Scope of Work and Cost Estimate for Remedial Action Plan Lithia Springs Project, Ashland, Oregon Dear Mike, As requested, Stantec Consulting Services Inc., (Stantec) is pleased to submit this scope of work and cost estimate to the City of Ashland (City) to prepare a Remedial Action Plan (RAP) associated with future wetland mitigation activities for the Lithia Springs Project at the Ashland Gun Club (AGC). At the pre-application conference on June 18, 2015 for the Compensatory Wetlands Mitigation Plan (CWM Plan), the Oregon Department of Environmental Quality (DEQ) indicated they would facilitate obtaining an Environmental Remedial Action Waiver following receipt of a RAP from the City. The objective of the RAP is to identify remediation that would occur in the shotfall area of the AGC in conjunction with removal/fill activities for the wetland mitigation. The Waiver issued by DEQ would then be used to expedite approval of the CWM Plan and receipt of the removal/fill permit needed to proceed with the wetland mitigation. SCOPE OF !r+ ORK The scope of work will consist of the three tasks described below. Task 1 - RAP Preparation: Stantec will prepare a RAP that includes the following information: Project Background (including relevance to the CWM Plan and mitigation activities); - Regulatory History; Summary of Previous Investigation Results; Remedial Action Description; - Confirmation Sampling; - Drainage Controls; and - Shotgun Range Best Management Practices (BMPs). A draft RAP will be provided to the City for review. Following incorporation of the City's comments, the revised RAP will be submitted to DEQ. Task 2 - Response to DEQ Comments: It is anticipated that DEQ will have comments on the RAP. However, we expect them to be minor. This cost estimate assumes no more than six hours will be required to address DEQ comments and submit a final RAP. Task 3 - Project Management: The project will be managed by Rebekah Brooks, RG, with technical support for wetland mitigation related activities provided by Don Martin. Project management tasks will include: frequent communication with the City of Ashland by telephone or email, one meeting (by conference call) with the City and DEQ, invoicing, budget tracking, and staffing. This cost estimate assumes no more than four hours of Rebekah's time will be needed for project management services. uesign,,vith cornm!.~:aif/ in mind Q Reference: Scope of Work & Cost Estimate for Remedial Action Plan, Lithia Springs Project COST EST111; ATE & SCHEDULE Stantec proposes to provide the services described herein on a time and materials basis for a not to exceed amount of $10,000. The cost estimate 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 estimate may require modification. This cost estimate is valid for 60 days. Stantec is prepared to begin working on this project immediately. We anticipate the draft RAP will be completed within 10 working days of receiving authorization to proceed from the City, or by September 18, 2015, whichever is sooner. We expect that DEQ review will be 30 days, so a final RAP will likely be submitted to DEQ in late October 2015. AUTHORIZATION TO PROC;--"- l'a By signing below, the City of Ashland (the Client) authorizes Stantec to proceed with the services described herein and provided in Stantec's attached Professional Services Standard Terms and Conditions and the Client acknowledges that it has read and agrees to be bound by the terms of this proposal and cost estimate included herein. The report to be delivered by Stantec, if this proposal is accepted, will be for the sole use of the Client. The report may not be relied upon by any other party without the express written consent of Stantec, which may be withheld at Stantec's discretion. This proposal is accepted by: City of Ashland Client Name Date Contact Name & Title Signature CONTACT INFORMATION We appreciate the opportunity to provide this proposal to the City and look forward to continuing providing support on your Lithia Springs Project. If you have any questions regarding our proposal or require additional information, please contact Rebekah Brooks. Sincerely, STANTEC CONSULTING SERVICES INC. Rebekah Brooks, RG Senior Associate Hydrogeologist 425.977.4994 (ext. 101) ( rebekah.brooks@stantec.com Attachment: Professional Services Terms and Conditions D ski r'h oomm,ini'y it mind Page 2 of 2 ,aco CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/Y YYY) 11 /01 /2014 4 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 endorsements . PRODUCER NAMEACT ANDREA OTTO AON REED STENHOUSE INC. aHC°NNat;1-952-807-0679 ac No): 1-312-381-6608 AON RISK SERVICES CENTRAL, INC. ADDRESS: ANDREA.OTTO AON.COM 900 - 10025 - 102A AVENUE INSURER(S) AFFORDING COVERAGE NAIC # EDMONTON, AB T5J OY2 INSURERA: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED INSURER B: SENTRY INSURANCE A MUTUAL COMPANY 24988 STANTEC CONSULTING SERVICES INC. INSURER C: ZURICH INSURANCE COMPANY 1911 UNITED WAY INSURER D: SENTRY INSURANCE A MUTUAL COMPANY 24988 MEDFORD, OR 97504 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 250 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR INSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS MMIDD/YYYY MM/DD/YYYY A GENERALLIABILITY X GL05415704 05/01/14 05/01/15 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 300,000 CLAIMS-MADE ❑X OCCUR XCU COVER INCLUDED MED EXP (Any one person) $ 10,000 X CONTRACTUAUCROSS LIABILITY PERSONAL &ADV INJURY $ 2,000.000 X OWNERS & CONTRACTORS GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- JECT X LOC $ B AUTOMOBILE LIABILITY 90-17043-03 11/01/14 11/01/15 (E accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ AUTOWNED AUTOSSULED BODILY INJURY (Per accident) $ FR _0P_M HIRED AUTOS AUTOSWNED (Per accident) AMAUE $ $ C X UMBRELLALIAB X OCCUR 8831307 05/01/14 05/01/15 EACH OCCURRENCE $ 5,003,000 X EXCESS LIAB CLAIMS-MADE EXCESS GENERAL, AUTO AND AGGREGATE $ 5,000,000 DED X RETENTION $1 0,000 EMPLOYERS LIABILITY (FOLLOW WORKERS COMPENSATION W1 STATU. H- AND EMPLOYERS' LIABILITY Y / N 90-17043-01 11/01/14 11/01/15 X TORY LIMIT ER D ANY PROPRIETOR/PARTNER/EXECUTIV N/A E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) MEDFORD, OR. RE: CITY OF ASHLAND GUN CLUB PROJECT. THE CITY OF ASHLAND, OREGON AND ITS ELECTED OFFICIALS, OFFICERS AND EMPLOYEES ARE INCLUDED AS AN ADDITIONAL INSURED BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. THIS COVER IS PRIMARY AND OTHER INSURANCE IS EXCESS AND NON CONTRIBUTORY. THE COVERAGE SHALL NOT BE CANCELLED OR NON RENEWED EXCEPT AFTER THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER AND ADDITIONAL INSUREDS. CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 EAST MAIN STREET ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE i~.c_ R. I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 / 1 CITY OF . ASHLAND DATE PO NUMBER 20 E MAIN ST. 9/16/2015 13127 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: Conta.,t: Mike Morrison Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Develop a remedial action plan for 10,000.00 submittal to DEQ regardinq the Gun Club property per Exhibit C. Contract for Personal Services Beqinninq date: 09/11/2015 Completion date: 09/11/2016 i SUBTOTAL. 10 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 10,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 410.08.24.00.60410 E 200907.999 10 000.00 Authori ed Signature / S VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: 9/15/2015 Required date for delivery: Vendor Name Stantec Consulting Services Inc. Address, City, State, Zip 19101 36t' Avenue West, Suite 203 Lynwood Wa. 98036-5759 Contact Name & Telephone Number Rebekah Brooks (425) 977-4994 ext.101 Fax: (425) 449-4097 Fax Number SOURCING METHOD ~d~ "~v•..~~~:_ ~~~r✓-: G~,?~~-rc~ Q R""Exempt from Competitive Bidding ❑ Emergency ®eason for exemption: F-1 Invitation to Bid (Copies on file) El Form #13, Written findings and uA'~iorization ❑ AMC 2.50. e,~Z6- G ! : Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or ro osaf attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: ❑ Direct Award -(Attach copy of council communication) 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) WTitten 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 ® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Writt6n proposals/written solicitation Date approved by Council: (Date) ® Form,#4, pRersonal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Develop a remedial action plan for submittal to DEQ regarding the Gun Club property. $10,000.00 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 '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: 7~~~~ (Eg6al.to or greater than $5,000) ~7 Department Manager/Supervisor: City Administrator: - (Equal to or greater than $25,000) Funds appropriated for current fiscal year / NO Finance Director- (Equal too reaterthan $5,ooo) Date - Comments. Form #3 - Requisition i C I T Y OF ASHLAND Memo TO: Public Contracting Officer FROM: Mike Morrison, Public Works Superintendent DATE: 9/16/2015 RE: Stantec Consulting Services Written Findings - AMC 2.50.120(3) Continuation of Work Exemption The Public Works Department is continuing to identify and correct environmental concerns on the property occupied by the City of Ashland Gun Range. Several studies have been done over the years, and are currently being worked on now, which have resulted in additional work needing to be done to satisfy the mandatory requirements of various state agencies having jurisdiction over how the property is maintained and utilized. The initial contract for ground water and soil sampling was competitively bid in fall of 2011. The resulting contract was awarded JBR Environmental Consultants and approved by Council at its November 1, 2011 business meeting. • Initial competitive bid process undertaken in the fall of 2011. • Contract awarded to JBR Environmental Consultants. • Initial project timeline was more than a year as part of the study required four quarterly well samplings. • At the conclusion of the initial study, all projects were put on hold while a property acquisition of a neighboring property took place. The property acquisition was completed in 2014. • During the time the project was on hold, the JBR Environmental was purchased by Stantec Consulting Services. A reassignment letter was received and approved by the City to allow Stantec Consulting Services to continue the work originally assigned to JBR. • The same personnel we worked with at JBR continued to work for Stantec and have continued to work with the City on identifying any potential environmental concerns.. • DEQ has recently requested a Remedial Action Plan for the Gun Club property. Developing this plan requires environmental engineers. Stantec Consulting Services has extensive knowledge and experience working on this project and it is in the City's best interest to continue contracting with Stantec Consulting Services to proceed with the additional work being required by the DEQ which is based on the reporting and findings produced by Stantec Consulting Services. AMC 2.50.120(A) (3) Continuation of Work Exemption Personal service contracts of not more than $100,000 for the continuation of work by a contractor who preformed preliminary studies, analysis or planning for the work under a prior contract may be awarded without competition if the prior contract was awarded under a competitive process and the Public Contracting Officer determines that use of the original contractor will significantly reduce the costs of, or risks associated with, the work r CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Mike Faught, Public Works Director Mike Morrison, Public Works Superintendent Date: 9/10/2015 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 Service Inc. to develop a Remedial Action Plan for the Emigrant Creek (Gun Club) property as requested by Oregon DEQ. The purpose of the Remedial Action Plan is to inform the DEQ of how we plan to proceed with areas of environmental concern at the Gun Club property. Some areas may need to be cleaned to meet criteria set by DEQ, this plan will outline how those areas will be dealt with. We then expect to get a response from DEQ stating if they are in favor of the plan or if they need further information. Further information would be handled as a follow up on the same contract. The initial report development should be done by the end of September, or possibly sooner. The DEQ then has a review period of 30 days, following their review they will let us know if they need further information or if the concur with our plan., The follow up could take some time depending on how much how much additional information is requested. The entire process should be finished by the end of the calendar year. 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? City staff does not have the technical expertise or time required to develop this plan. Review of this plan will be conducted by City staff and submittal of the report to the DEQ will not take place without staff approval. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 9/15/2015