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HomeMy WebLinkAbout2017-216-Contract for Personal Services -Alpine Environmental Contract for Personal Services less than $35,000.00 CITY OF CONSULTANT: Alpine Environmental Consultants LLC ASHLAND CONTACT: Jonathon Williams 20 East Main Street Ashland, Oregon 97520 ADDRESS: 12208 Antioch Road, White City, OR 97503 Telephone: 541/488-6002 Fax: 5411488-5311 TELEPHONE: 541.944.4685 DATE AGREEMENT PREPARED: 8.7.17 EMAIL: jwilliams@alpine-env-llc.com BEGINNING DATE: 8.10.17 COMPLETION DATE: 12.31.17 COMPENSATION: $22,222 SERVICES TO BE PROVIDED: consultant to provide compliance testing and reporting in support of Gun Club remedial action (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 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 $20,688.86 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 8 predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: Contract for Personal Services less than $35,000.00, 06/19/2017, Page 1 of 5 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: 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 inWfene a combined single limit, or the equivalent, of not less than Enter one: $250,000, $500,000, $1,000,00 2000,000 r 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: $100,000, $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. Contract for Personal Services less than $35,000.00, 06/19/2017, Page 2 of 5 • 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, excluding Professional Liability and Workers' Compensation, 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. Cons ItI City of Ashland .c ` By By LA I Signature Department Head Print Name Print Name FihCi041 V/ Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. r Contract for Personal Services less than $35,000.00, 06/19/2017, 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: X (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. Y (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (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. C tractor (Date) Contract for Personal Services less than $35,000.00, 06/19/2017, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2017 (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 $20,688.86. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,688.86 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 less than $35,000.00, 06/19/2017, Page 5 of 5 EXHIBIT C Alpine Environmental Consultants, LLC 12208 Antioch Road White City. Oregon 97503 541.944.4685 jwilliams aalpine-env-llc.com August 7, 2017 Ms. Kaylea Kathol, Project Manager City of Ashland, Public Works/Engineering 51 Winburn Way Ashland, Oregon 97520 RE: Proposal and Cost Estimate to Provide Remedial Action Technical Support, Ashland Gun Club, Ashland, Oregon Dear Ms. Kathol, As requested by the City of Ashland (the City), this letter proposal provides a scope of work and cost estimate for Alpine Environmental Consultants, LLC (AEC) to provide technical support during implementation of the Remedial Action Plan (RAP) at the Ashland Gun Club (AGC). The AGC is an active shooting range located on City-owned land that is leased by the ACG. The leased property constitutes a portion of the property identified as the Lithia Springs Property, and is addressed as 555 Emigrant Creek Road in Ashland, Oregon (the Site). The RAP was developed by Stantec Consulting Services, Inc. (Stantec) and is dated October 15, 2015. The RAP was approved by the Oregon Department of Environmental Quality (DEQ) in a letter from Mr. Greg Aitken of DEQ to the City, although AEC has not yet reviewed this letter. AEC understands the City is primarily responsible for implementing the Remedial Action (RA), but is seeking technical support from AEC on an as-needed basis to implement certain elements of the RA. AEC understands the City is seeking assistance in implementing the following RA elements: • Soil confirmation sampling and laboratory analyses • Statistical evaluation and data validation of soil confirmation sampling analytical results • Preparation of the RA Report PROPOSED SCOPE OF WORK The proposed scope of work for RA technical support has been broken into the following tasks: 1 1 Page Alpine Environmental Consultants, LLC Ms. Kaylea Kathol August 7, 2017 Task 1- Project Coordination AEC will coordinate with representatives from the City, the AGC, the City's contractors, and DEQ to implement the RA as cost-effectively as possible. AEC will also review readily available and relevant RA documentation and correspondence provided by the City. Based on our numerous communications, AEC understands the City's lead remediation contractor is scheduled to remove soil from Wetland 3b and Wetland 5 on August 15 and 16, 2017, and that AEC will complete soil confirmation sampling on August 17, 2017. Prior to commencement of the soil removal, we agreed a site visit on August 10 or 11, 2017, would be valuable. Under this task, AEC will also prepare a Site-specific Health and Safety Plan (HASP). Task 2- Confirmation Soil Sampling AEC will collect soil samples after the City's lead remediation contractor has removed soil from Wetland 3b and Wetland 5. Soil sampling procedures will be completed consistent with the methods identified in the RAP. Soil sample locations are identified on Figure 3 of Stantec'.s RAP. AEC will also collect an appropriate number of field quality assurance/quality control (QA/QC) samples as described in Stantec's RAP. AEC anticipates all confirmation soil sampling will be completed in a single day and that a total of 28 soil and water samples will be collected (i.e. 23 primary soil samples, two blind field duplicate soil samples, two water blank samples, and one equipment rinsate blank sample). Task 3 - Laboratory Analyses The confirmation samples will be submitted to Apex Laboratories (APEX) of Tigard, Oregon using standard AEC chain-of-custody protocol. The samples will be submitted for rush 1-day turnaround analyses of lead, antimony, copper, and arsenic. AEC will endeavor to ship the samples to APEX on August 17, 2017. However, the samples may not be shipped until August 18, which means they will not arrive at APEX until Saturday August 19, 2017. If this occurs, analytical results may not be available from the laboratory until approximately August 22. Should additional laboratory analyses be required, the cost per sample to run rush 1-day analyses for lead, antimony, copper, and arsenic will be $152 per sample. Task 4- Data Evaluation and Validation Immediately upon receipt of the laboratory analyses, AEC will initiate evaluation of the data. Data evaluation will include development of 90 percent Upper Confidence Limit (UCL) statistics and comparison to relevant DEQ compliance levels. Relevant compliance levels will include regional background concentrations and ecological screening levels (ESLs). AEC will also complete data validation as described in Stantec's RAP. The results of the data evaluation will 21 P a 9 e Alpine Environmental Consultants, LLC Ms. Kaylea Kathol August 7, 2017 be shared immediately with the City, the City's lead remediation contractor, and the AGC to ensure that additional soil removal, if warranted, can be completed in a timely manner. Task 5 - Prepare Remedial Action Report After all elements of the RA have been implemented by the City, AEC will prepare an RA Report for submission to DEQ. Consistent with our discussions and the email you provided to AEC on July 28, 2017, the RA Report will summarize the RA field work and include the following elements: • Final volume of remediated soil • Final volume of fill used to level the remediated area • Description of the sources of fill, with narrative descriptions provided by the City • A brief description of the installed drainage system, including changes made based on conditions encountered in the field • A description of reseeding activities in the reclaimed area AEC anticipates the RA Report will be prepared and submitted to the City within 2 weeks of receiving final input from the City regarding these City-administered RA elements. Task 6 - Contingency Costs To accommodate unanticipated changes in work scope, AEC has included contingency costs equal to approximately 25 percent of the budget, or $4,500. BUDGET AND SCHEDULE AEC's estimated cost to complete all six tasks to provide RA technical support for the Site is $22,222 (see Table 1 - Estimated Project Budget), and will be conducted on a time and materials basis consistent with the attached rate sheet. Please note that approximately 21 percent of the total budget is associated with subcontractor and outside services (i.e. analytical laboratory and shipping). The estimated cost and proposed scope of work are based on information available to AEC at this time. While AEC is confident the project objective and general scope of work described in this proposal are technically appropriate, the scope and budget may need to be modified based on input received from the City, the AGC, and DEQ. If conditions change, unforeseen circumstances are encountered, or work efforts are redirected, the cost estimate may require modification. AEC can begin work on this project immediately after receiving your authorization to proceed. This proposal is valid for 60 days. 3 1 Page Alpine Environmental Consultants, LLC Ms. Kaylea Kathol August 7, 2017 Please feel free to contact me at 541-944-4685 or jwilliams@alpine-enc-Ilc.com if you have any questions about our proposal. Sincerely, Alpine Environmental Consultants, LLC Jonathan D. Williams, RG Senior Hydrogeologist, Principal Attachments: Table 1- Estimated Budget Rate Sheet I i i 4 1 Page Alpine Environmental Consultants, LLC Table 1 Estimated Project Budget Ashland Gun Club Remedial Action Technical Support Ashland, Oregon Task Hours Labor Direct Subs/ Total Costs Costs Outside Services 1 - Project Coordination 10 $ 1,450 $ 27 $ - $ 1,477 2 - Confirmation Soil Sampling 28 $ 3,430 $ 114 $ - $ 3,544 3 - Laboratory Analyses 2 $ 290 $ - $ 4,752 a $ 5,042 4 - Data Evaluation and Validation 32 $ 3,740 $ - $ - $ 3,740 5 - Prepare Remedial Action Report 32 $ 3,920 $ - $ - $ 3,920 6 - Contingency 45 $ 4,500 $ - $ - $ 4,500 Project Totals 149 $17,330 $ 140 $4,752 $ 22,222 Notes: Includes analytical laboratory and sample shipping. Ashland Gun Club RA Technical Support 8-7-17AWSUMMARY SHEET Alpine Environmental Consultants, LLC ALPINE ENVIRONMENTAL CONSULTANTS, LLC CONFIDENTIAL BUSINESS INFORMATION Southern Oregon and Northern California Rates SCHEDULE OF PROFESSIONAL FEES AND EXPENSE CHARGES January 1, 2017 through December 31, 2017 Labor Rates Billing Title Hourly Rate Principal, Senior Scientist $145 Senior Engineer $135 Environmental Specialist/Geologist II $115 Environmental Specialist/Geologist 1 $100 Environmental Technician $90 CAD/GIS Analyst $85 Administrative Assistant $55 Equipment Fees and Expense Charges Item Fee Mileage Rate IRS Rate Off-Road Vehicle (4X4) $35 per day Other Field Equipment Varies by Equipment Black and White Copies $0.15 per page Color Copies $0.751$1.00 per page Handling Charge for Subcontractors 5% Rental Vehicles Rental Cost plus fuel and 15% Expert Witness Testimony Deposition and Trial testimony, 200% of the hourly rates plus expenses. Preparation time, 150% of the hourly rates plus expenses. EXHIBIT D: Subcontractor Approval Kaylea Kathol From: Kaylea Kathol Sent: Friday, August 11, 2017 2:44 PM To: jwilliams@alpine-env-Ilc.com' Subject: RE: Gun Club Gate Code, etc Hello Jonathan, Thank you for the information about your subcontractors. Please consider this email authorization to utilize Apex Laboratory, Steve McCray, and Antonela Vadan. I will attach this communication to the contract as Exhibit D. Thanks, Kaylea Kathol, Project Manager City of Ashland - Public Works/Engineering 51 Winburn Way, Ashland OR 97520 C: (541) 331-1144 1 0: (541) 552-2419 NOTICE: This email transmission is official business of the City of Ashland, and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2419. Thank you. From: jwilliams@alpine-env-Ilc.com [mailto:jwilliams@alpine-env-Ilc.com] Sent: Friday, August 11, 2017 7:23 AM To: Kaylea Kathol Subject: RE: Gun Club Gate Code, etc Good morning Kaylea - Thank you for yesterday's tour and the pre-construction agenda and associated contact information. I found the agenda very useful. The only thing I would add is that I expect our soil results will likely be available a day or two later than described (e.g. hard ground will likely extend the sampling into next Friday, potential eclipse traffic issues in PDX). That said, we are prepared to rapidly evaluate the data so closure decisions can be made while the contractors are on site. I concur that the AGC's progress on the stewardship plan can wait until after your vacation and beyond. We just need to capture progress on various elements and fold that into the Remedial Action Report that will be submitted near the end of the year. As discussed, Alpine proposes to use subcontractors on this project. These subcontractors include an analytical laboratory (Apex Laboratory of Tigard, Oregon) and staff (Mr. Steve McCray, Ms. Antonela Vadan). If you could provide us written authorization to utilize these subcontractors, it would be greatly appreciated. A brief email response is more than adequate for us. Enjoy your trip - Jonathan Jonathan D. Williams, R.G. Senior Hydrogeologist, Principal Alpine Environmental Consultants, LLC 12208 Antioch Road White City, Oregon 97503 541.944.4685 jwilliams alpine-env-llc.com EXHIBIT D: Subcontractor Approval This communication may contain privileged or other confidential information. If you have received this email in error, please reply to the sender immediately and delete the message and any attachments without copying or sharing of the contents. From: Kaylea Kathol [maiIto: kaylea.kathol6bashland. or.us] Sent: Thursday, August 10, 2017 4:12 PM To: jwilliams@alpine-env-Ilc.com Subject: Gun Club Gate Code, etc Jonathan, Good to finally meet you. As we discussed at the Gun Club this afternoon, I'm sending you the pre-con agenda which includes the gate code for the gun club (03266) and some important City contacts (namely, Mike Morrison and Brad Barber). Please let me know if you have any questions. I'll get back to you after vacation regarding the Gun Club's progress vis-a-vis the stewardship plan. Thanks, Kaylea Kathol, Project Manager City of Ashland - Public Works/Engineering 51 Winburn Way, Ashland OR 97520 C: (541) 331-1144 1 0: (541) 552-2419 NOTICE: This email transmission is official business of the City of Ashland, and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2419. Thank you. 2 EXHIBIT D: Subcontractor Approval This communication may contain privileged or other confidential information. If you have received this email in error, please reply to the sender immediately and delete the message and any attachments without copying or sharing of the contents. From: Kaylea Kathol fmailto:kaylea.kathol(cbashland.or.usI Sent: Thursday, August 10, 2017 4:12 PM To: jwilliams(Oalpine-env-Ilc.com Subject: Gun Club Gate Code, etc Jonathan, Good to finally meet you. As we discussed at the Gun Club this afternoon, I'm sending you the pre-con agenda which includes the gate code for the gun club (03266) and some important City contacts (namely, Mike Morrison and Brad Barber). Please let me know if you have any questions. I'll get back to you after vacation regarding the Gun Club's progress vis-a-vis the stewardship plan. Thanks, Kaylea Kathol, Project Manager City of Ashland - Public Works/Engineering 51 Winburn Way, Ashland OR 97520 C: (541) 331-1144 1 0: (541) 552-2419 NOTICE: This email transmission is official business of the City of Ashland, and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2419. Thank you. i i 2 a • ALPIN-5 OP D' H DATE IMMIDONYYYI ~tlOYJ CERTIFICATE OF LIABILITY INSURANCE 05/0512017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CrRTIFICXTE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BE-OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 503-397-0714 CONTACT Joe Schultz :PRODUCER PAAN, HONE FAX 503-397-0674 NFP Property S Casualty Svcs AIC, Ne, E.1): 503-397-0714 (A/c, N.). 61 Plaza Square St. Helens, OR 97051 ADEMAILD Esr Joe Schultz UREPIS% AFFORDING COVERAGE NA.IC9 INSURERA:Homelan d Insurance DO of NY INSURED Alpine Environmental INSURER B: Consultants, LLC INSURER C: 12208 Antioch Road INSURER D: White City, OR 97503 INSURER E rIi INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED- HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN N1AY HAVE BEEN REDUCED BY PAID CLAIMS. ! INSR ADOL SUB POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER M/DO 1'1' MMIDD Q X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 23000,000 CLAIMS-MADE ❑X OCCUR X X 793-00-21-fi4-0003 05/07)2017 0$10712018 DAMMGES( RENTED $ 50,000 NonOwned Auto MED EXP An one person) $ 5,000 Hired Auto PERSONAL B ADV INJURY S 2,000,000 2000000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ jE&~ LOC PRODUCTS - COMPIOPAGG 8 OTHER: $ COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY OWNED UTOSULED BODILY INJURY Per accitlent $ =R~ENTION BODILY INJURY Per person) $ NON-OWNED PROPERTY DAMAGE AUTOS ONLY Per accitlent $ $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ S S PER OTH- WORKERSCOMPENSATION A TUIE ER AND EMPLOYERS' LIABILITY YIN A NY PROPRIETORRARTNERIEXECUDVE ❑ NIA E.L. EACH ACCIDENT S E. L. DISEASE -EA EMPLOYEE $ OFFICEtaryEn BER EXCLUDED? NHI (Mande try descrb..rder OFSCRIPTION OF OPERATIONS below E. L. DISEASE-POLICY UmrT a A Pollution Liab 793-00-21-64-0003 05/07/2017 05/07/2018 Limit 21000,000 A Profession al Liab 793-00-21-64-0003 0510712017 0510712018 Limit 2,000,000 As R~TIO~Oe en0'oS S/LO ATBrkola1§.3U1OR6g AVitaf]SI1c. e Sgt bcj~d if mare space is required) I CERTIFICATE HOLDER CANCELLATION CITYASH j SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland, OR, Its ACCORDANCE WITH THE POLICY PROVISIONS. elected officials, officers and employees AUTHORIZED REPRESENTATIVE 20 East Main Street p Ashland, OR 97520 PTed ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 793-00-21-64-0003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - FORM I This endorsement only modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for which the Named Insured has agreed to provide insurance prior to loss as provided by this policy but only to the scope of insurance agreed to by the Named Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE above, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury, property damage or environmental damage occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain the same. OBENV GE 301 (0211) Includes copyrighted material of Insurance Services Office. Inc. 1 of 1 Copyright 2011, OneBeawn Insurance Group LLC E-INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SECTION IV - CONDITIONS, 8. Other Insurance, is amended by adding the following paragraph: This insurance will be considered primary to, and non-contributory with any other insurance issued directly to a person or organization added as an additional insured under this policy, only if you specifically agree, in a written contract or agreement, that this insurance must be primary to, and non-contributory with, such other insurance. All other terms and conditions remain the same. OBENV GE 319 (02 11) Includes copyrighted material of Insurance Services Office, Inc. 1 of 1 Copyright 2011, OneSeacon Insurance Group LLC E-INSURED Policy Number: 793-00-21-64-0003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement only modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization for which the Named Insured has agreed to provide insurance prior to loss as provided by this policy but only to the scope of insurance agreed to by the Named Insured. SECTION IV - CONDITIONS, 13. Transfer of Rights of Recovery Against Others To Us is deleted and replaced with the following: 13. Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. Any recovery will be paid first to us until all amounts we have spent on a claim or suit have been reimbursed. The insured expressly waives the right to be made whole by any such recovery. We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the SCHEDULE above. i All other terms and conditions remain the same. OBENV GE 320 (04 11) Includes copyrighted material of Insurance Services Office, Inc. 1 of 1 Copyright 2011, oneBeacon Insurance Group LLC &INSURED Purchase Order Fiscal Year 2018 Page: 1 of: 1 HIS PO NUMBER MUST APPEAR ON ALL j INVOICES, AND SHIPPING DOCUMENTS. B City of Ashland I - I ATTN: Accounts Payable Purchase L Ashland, Main OR 97520 Order# 20180951 T Phone: 541/552-2010 O Email-. payable@ashland.or.us V H C/O Public Works Department E ALPINE ENVIRONMENTAL, CONSULTANTS LLC 1 51 Winburn Way N 12208 ANTIOCH ROAD P Ashland, OR 97520 D WHITE CITY, OR 97503 Phone: 541/488-5347 O T Fax: 541/488-6006 R O Vendor Phone Number Vendor Fax Number Rulsltrnumfs~r= f~ellverSr7sfereri- I- K - - 541 944-4685 Ka lea Kathol Date Ordered Vendor Number-- Date _F agdii-Q-0 ITEMbtho std 06 a t7 ie 08/15/2017 1331 FOB ASHLAND OR/NET30 City Accounts Pa able tendd Price -jc Item# Qecri tcP~t Gun Club Remedial Action 1 Consultant to provide compliance testing and reporting in support 1 $22,222.0000 $22,222.00 of Gun Club remedial action. Contract for Personal Services less than $35,000 Beginning date: 08/10/2017 Completion date: 12/31/2017 Project Account: E-200907-999 GL SUMMARY 082400 - 604100 $22,222.00 R By: `may. Date:` -AuthorizA+ §ignature P Tota- $22,222.k FORM#3 CITY OF ASHLAND Olt REQUISITION l Date of request: 8.8. 17 Required date for delivery: 8.15.17 Vendor Name Alpine Environmental Consultants LLC Address, City, State, Zip 12208 Antioch Road, White City, OR 97503 Contact Name & Telephone Number Jonathon Williams 541.944.4685 Fax Number jwilliams@alpine-env-llc.com 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 -(Attach cop of council communication If council approval required, attach cop of CC ❑ 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) -(Attach copy of council communication) ❑ 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 ® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) _ (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Consultant to provide compliance testing and reporting in support of Gun Club remedial action $22,222 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost XXX XXX XXX TOTAL COST ® Per attached quote/proposal Project Number 200907.999 Account Number 082400-604100 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 t certify (h _t e City's publinfracting requirements have been satisfied. i eguun f _ , I - - - Employee: Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: , le City Administrator: (equal to or greater than $25,000) Funds appropriated for current fiscal yeaNO a ance Director- ( qual t a eithan $5,000) Date Comments: Form #3 - Requisition CITY Of FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: John Karns, Public Contracting Officer From: Michael R. Faught, Public Works Director Date: August 11, 2017 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 It is the intent of the Public Works Department to hire Alpine Environmental Consultants to provide environmental consulting services in support of remedial action at the Ashland Gun Club, including soil confirmation sampling, data analysis, mapping, and remediation reporting. The total cost of the contract with AEC is $22,222. The proposed timeline on the contract begins immediately and continues through December 31, 2017. A detailed written scope of work will be attached to the contract as Exhibit C outlining project tasks, deliverables and schedule. 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 City does not have personal with sufficient training to perform the services described above. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 8/11/2017