HomeMy WebLinkAbout2015-005 Contract - Alpine Environmental Consultants
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Contract for PERSONAL SERVICES less than $35,000
C I T Y OF CONSULTANT: Alpine Environmental Consultants LLC.
ASHLAND CONTACT: Jonathan Williams R.G.
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 12208 Antioch Rd.
Telephone: 541/488-6002 White City, OR 97503
Fax: 541/488-5311
TELEPHONE: 541/944-4685
DATE AGREEMENT PREPARED: 11/1912014 FAX:
BEGINNING DATE: 12/1/2014 COMPLETION DATE: 12131/2015
COMPENSATION: Not to Exceed (NTE) $14,000, reference Exhibit C Proposal and Cost Estimate to Provide
Wetland Determination Support for the Bear Creek Trunkline Project and Wetland Delineation Support for the
Oxidation Ditch Expansion Project.
SERVICES TO BE PROVIDED: Reference Exhibit C, Proposal.
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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 $20,142.20 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 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 an losses, expenses, claims, subro ations,
Contract for Personal Services, Revised 0710812014, Page 1 of 5
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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.
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d. For Default or Breach.
L 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 I=nter one:
$200,000, $500,000, $1,000,000, $Z606,660 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 Uabtltty insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200.00D, $500,000, $1,D00,000, $2,600.00 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liabtlit insurance with a combined single limit, or the equivalent, of not less than Enter one:
Contract for Personal Services, Revised 07/0812014, Page 2 of 5
$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
the City.
f. Additional InsuredlCertificates 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 financialty 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 Ita • City of Ashland
By xz 1/ By \ E~2
Signature Department Head
Print Name Print Name
Li la
Title Da
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
Contract for Personal Services, Revised 0 710 8120 1 4, 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:
(9) 1 carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
/ (3) Telephone listing is used for the business separate from the personal residence listing.
~t (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.
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Co actor (Date)
Contract for Personal Services, Revised 07/08/2014, Page 4 of 5
CITY • ASHLAND, OREGON
EXHIBIT B
City of Ash land
LIVING
WAGE
per hour effective June 30, 2014
(increases annually every June 30 by the
Iir
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
➢ For all hours worked under a assistance for the project or the employee,
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 $Z0,142.Z0 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 mare of time in the that month ➢ In calculating the living wage, Municipal Code Section
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 07/0812014, Page 5 of 5
EXHIBIT C
Alpine Environmental Consultants, LLC
12205 Antioch Road
White City. Oregon 9750
541.944.4655
jxvi l liams<c>a lpine-env-l lc.com
December 29, 2014
Mr. Scott A. Fleury, Engineering Services Manager
City of Ashland, Public Works
20 East Main Street
Ashland, OR 97520
RE: Proposal and Cost Estimate to Provide Wetland Determination Support for the Bear
Creek Trunkline Project and Wetland Delineation Support for the Oxidation Ditch
Expansion Project
Dear Mr. Fleury,
As requested, this letter proposal provides a scope of work and cost estimate for Alpine
Environmental Consultants, LLC (AEC) to provide the City of Ashland (City) with wetland-related
environmental services for two upcoming City projects. These two projects are the Bear Creek
Trunkline Project where wetland determination support will be required prior to engineering
and construction of the sewer line, and the addition of a third Oxidation Ditch to the City's
wastewater treatment plant (WWTP), which will require a wetland delineation. Additional
environmental services associated with these two projects may be required as they are
completed. While the scope of these additional services is not currently known, AEC is
prepared to provide assistance to the City as requested.
Background
Based on the discussion we held during our meeting on October 6, 2014; follow up discussions
during calls between AEC, City personnel, and personnel from Keller Associates, Inc. (Keller);
and a review of emails from Mr. Joe Sheahan of the U.S. Army Corps of Engineers (USACE); AEC
understands both wetland determination and wetland delineation work will be required prior
to construction activities for the Bear Creek Trunkline sewer line replacement and the
oxidation Ditch construction projects, respectively.
1 1 Page Alpine Environmental Consultants, LLC
Mr. Scott Fleury
December 29, 2014
SCOPE OF WORK
The scope of work will consist of the following five tasks, as described below.
Task 1 - Health and Safety Plan
AEC 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. The HASP
will include a facility 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 all AEC personnel and subcontractors of the site hazards and appropriate
safety measures to be undertaken when working on this effort.
The estimated cost to complete Task 1 is $250.
Task 2 - Project Coordination
Upon receipt of authorization to proceed, AEC will coordinate an initial project meeting or
conference call that will include representatives from one or more of the-following entities: the
City, the USACE, the Oregon Division of State Lands (DSL), Keller, and AEC. The purpose of this
meeting will be to coordinate efforts between the key personnel from the entities working on
this effort. It is assumed the meeting will take place in Ashland at the two project locations or
via conference call. Meeting objectives include but are not limited to the following:
Coordinate with the project managers involved;
■ Gather more detailed information from City, USACE, and/or DSL personnel regarding
project expectations;
■ Obtain input from City, USACE, and/or DSL personnel about any additional potential
environmental issues and concerns;
■ Establish a schedule for completing the work that will meet overall City objectives;
AEC anticipates periodic meetings or calls may be needed during the course of the
wetlands-related projects. AEC will coordinate additional meetings or calls with the various
entities, as needed, to address specific issues that arise during the project.
The estimated cost to complete Task 2, assuming one meeting, is $2,250. This estimated cost
includes professional labor costs for the meeting, as well as travel-related costs for one person
to travel to and from Eugene, Oregon. Should additional meetings and conference calls be
required, the work will be completed consistent with AEC's 2014 Rate Sheet (attached).
Task 3 - Wetland Determination Along the Bear Creek Trunkline
The existing sewer line along the Bear Creek Trunkline is approximately 6,500 feet long. In
order to accommodate future City growth and consistent with the City's Comprehensive
2 1 Page Alpine Environmental Consultants, LLC
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Mr. Scott Fleury
December 29, 2014
Sanitary Sewer Master Plan, improvements to the Sear Creek Trunkline to handle additional
flow will be required. Based on input from Mr. Joe Sheahan of the USACE (personal
communication via email between Mr. Joe Sheahan and Mr. Scott Fleury; October 7, 2014), a
wetland determination will need to be completed prior to construction activities. Based on
additional input from Mr. Sheahan and you, it is assumed that no wetland mitigation effort will
be required for the Bear Creek Trunkline replacement project because any impacts associated
with soil excavation will be temporary and excavated soil will be put back in place to the
pre-project elevations.
The estimated cost to complete Task 3 is $2,000. This cost estimate assumes that construction
oversight during initial stripping operations will be not be provided by AEC, and that any related
erosion control seed ing/hydromulchi ng and/or wetland-specific restoration or seeding will not
be provided by AEC. Should the City need assistance with these services, AEC can provide them
on a time and materials basis consistent with the attached Rate Sheet.
The estimated cost to complete Task 3 also assumes that a Nationwide Permit authorizing
Utility Line Activities will not be pursued. However, if wetlands are found that will be impacted
by the Bear Creek Trunkline replacement, a Nationwide Permit authorizing activities associated
with the the construction, maintenance, repair, and removal of utility lines and associated
facilities in Waters of the United States (WoUS) will be required if the activities result in the loss
of greater than %2-acre of WoUS for each single and complete project.
If a Nationwide Permit is required, AEC can prepare the following:
- Submissions for the public interest review required by Corps regulations at 33 CFR
320.4(a)(1) and (2); (2)
- A discussion of the environmental considerations necessary to comply with the National
Environmental Policy Act
- Prepare an impact analysis specified in Subparts C through F of the 404(b)(I) Guidelines
(40 CFR Part 230)
- Discussion of compliance with applicable laws, consideration of public comments
received, an alternatives analysis, and a general assessment of individual and cumulative
impacts, including the general potential effects on each of the public interest factors
specified at 33 CFR 320.4(a).
The level of effort will depend on the level of detail Mr. Joe Sheahan of the USACOE may
require if a Nationwide Permit Application is needed, but a preliminary estimate is that
approximately 40 hours of professional time would be expended on this effort if it is needed.
Pursuit of a Nationwide Permit Application, if needed, may also add time to the
pre-construction project schedule as there is a public comment period and depending on public
interest, responses to public comments may be necessary.
3 ( Page Alpine Environmental Consultants, LLC
Mr. Scott Fleury
December 29, 2014
Task 4 Wetland Delineation
in order to accommodate future growth, a third oxidation ditch will be needed at the City's
existing WWTP. The third oxidation ditch will be installed adjacent to and to the west of the
existing two oxidation ditches. AEC assumes the disturbance area associated with construction
of the third oxidation ditch will be approximately 300 feet by 100 feet, or approximately
two-thirds of an acre. This area is currently mapped as wetland in the local wetland inventory,
so for cost estimation purposes, AEC assumes approximately two-thirds of an acre will need to
be delineated.
The State of Oregon regulates all wetlands and streams regulated by USACE, but also regulates
isolated wetlands and water bodies such as vernal pools and swales that the USACE no longer
regulates. Waters of the United States (WoUS) and Waters of the State (WoS), including
wetlands, will be delineated in accordance with DSUs wetland delineation rules and technical
guidance, which requires formal delineations to follow the protocol detailed in Technical Report
Y-87-1, Corps of Engineers Wetland Delineation Manual, January 1987, as detailed in Oregon
Administrative Rules (OAR) 141-090-0005 through 0055. The USACE has published the Interim
Regional Supplement to the Corps of Engineers Wetland Delineation Manual, and are now
required to be used on all wetland delineations submitted for concurrence from DSL or the
USACE. These Regional Supplement presents wetland indicators, delineation guidance, and
other information that is specific to the project region. The Western Mountains, Valleys, and
Coast Region Supplement, or the Arid West Supplement will be used. Where differences
between the Supplement and the Manual occur, the experience and best professional
judgment of the wetland scientist will take precedence.
AEC staff shall also evaluate any surface waters found in the study area to determine status as
traditionally navigable waters (TNW) or relatively permanent waters (RPW) using the Oregon
Streamflow Duration Assessment Method and accompanying assessment data forms. This
methodology has recently been developed by the USACE to guide wetland scientists in the
identification of the geomorphic, hydrological, and biological indicators of stream flow to help
distinguish between ephemeral, intermittent, and perennial streams to aid in making
jurisdictional determinations. DSL highly recommends inclusion of this data for expedience and
accuracy in completing jurisdictional determinations of surface waters.
AEC staff will instigate liaison with USACE and the Oregon DSL during wetland delineation
activities as necessary.
The wetland delineation effort can be broken down into the following subtasks:
SUBTASK 4A - Field Work
The area to be delineated is the entire approximately 0.66-acre oxidation ditch site plus a
50-foot buffer on all sides as well as any other disturbance areas such as access routes, staging
areas, or stockpile areas as flagged out by Ashland engineers. A wetland delineation can be
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Mr. Scott Fleury
December 29, 2014
performed at any time of year provided (1) the ground is not frozen, (2) the ground is free of
snow cover, (3) there is no influence from surface flooding, and (4) plants can be readily
identified. AEC's scope of work and cost estimate assumes the delineation can be completed in
one site visit during the early spring, likely in April 2015.
The field work would be conducted in the following order:
1. Research physical, hydrological, and climate data applicable to the Site.
2. Liaise with City of Ashland, DSL, and USACE to assess site-specific requirements.
3. Re-establish formerly delineated wetland boundaries, if any, using GPS.
4. Undertake initial survey of surface indicators.
5. Use the Routine Wetland Delineation Method as prescribed in Technical Report
Y-87-1, Corps of Engineers Wetland Delineation Manual, January 1987.
6. Establish transects in the project areas to characterize homogenous vegetation
communities.
7. Record soil profiles in up to ten (10) test pits along the transects and characterize
hydric indicators on field data sheets.
8. Record hydrology in each test pit.
9. Conduct a vegetation survey in strategically located quadrants near the test pits.
10. Assess all data to determine wetland status.
11. Confer with local agencies regarding any jurisdictional considerations.
12. Conduct Streamflow Duration Assessment of any surface watercourses identified.
13. Flag and fill test pits for safety.
SUBTASK 46 Geospatial Data Collection
Once the landward extent of any WoUS/WoS and/or wetland boundaries have been flagged,
AEC will use a Trimble GeoXH global positioning system (GPS) or equivalent, with sub-meter
accuracy, to determine the locations of all boundaries and plots. All GPS data will be post-
processed, with accuracy generally accepted at the sub-half-meter level. This level of data
collection is assumed to be sufficient for formal determination of jurisdiction, Section 404
dredge and fill and/or State of Oregon removal-fill permitting (as necessary), and engineering
design services (as necessary). Digital delineation boundary data will be made available, upon
request, within two (2) days of field survey completion, in ESRI ArcGIS v.10 shapefile or AutoCad
format. While delineated boundaries cannot be finalized until federal and state approvals are
received, this provides an opportunity to advance schedules and design projects with avoidance
and minimization measures early in the planning and design process or to undertake initial
mitigation planning. This methodology complies with both federal and state jurisdictional
determination guidelines, and AEC readily utilizes this protocol to increase project efficiency.
5 1 Page Alpine Environmental Consultants, LLC
Mr. Scott Fleury
December 29, 2014
Hard copy figures and maps will be included in the report depicting all delineated wetlands and
WoUS/WoS, plus a version showing required buffers. Digital data of all boundaries, test plots
and buffers in ArcView v.10 shapefile or AutoCad format will also be provided to the City on CD
or DVD at the completion of the project.
SUBTASK 4C -T Prepare and Submit Wetland Delineation Report
At the conclusion of field data collection at the site, AEC will prepare a wetland delineation
report including an assessment of whether the delineated wetlands and streams meet the
criteria for WoUS and/or WoS (preliminary jurisdictional determination). The report will
include a description of vegetation, soils, and hydrology in the project area; site maps depicting
project location, soils, and the extent of WoUS/WoS, including wetlands, on the site; Oregon
Streamflow Duration Assessment Method data forms if required, and the appropriate wetland
determination data forms for the region. This report will meet the reporting and mapping
standards as described and specified in OAR 141-090-0035 and will satisfy submission
requirements of the USAGE. The report will contain the following disclaimer as required by the
DSL: "This report documents the investigation, best professional judgment, and conclusions of
the investigator. it is correct and complete to the best of my knowledge. It should be
considered a Preliminary Jurisdictional Determination of wetlands and other waters and used at
your own risk unless it has been reviewed and approved in writing by the Oregon DSL in
accordance with OAR 141-090-0005 through 141-090-0055."
The wetland delineation report will be submitted to DSL for their concurrence. Should revisions
to the wetland delineation report be requested by DSL, AEC will revise the report as necessary
to obtain DSL, concurrence for the delineation.
The estimated cost to complete all of the subtasks under Task 4 is $6,500.
Task 5 - Project Management
AEC will provide project management services for this project. Services will include
coordination and scheduling of AEC staff, frequent communications with City personnel,
organization of project activities, and liaison with USACE and the Oregon DSL during the
delineation review period.
The estimated cost to complete Task 5 is $1,000.
Task 6 - Out of Scope Efforts
Should additional out-of-scope wetland-related tasks be identified during the project, they will
completed under Task 6. The following are examples of out-of-scope work that might arise as
the project progresses:
• Occasionally the DSL and/or USACE will request a field visit with the wetland consultant
in order to verify the accuracy of the delineation report.
6 1 P a g e Alpine Environmental Consultants, LLC
Mr. Scott Fleury
December 29, 2014
• Should delineated wetlands be identified for the oxidation Ditch project and these
wetlands will need to be filled during subsequent construction, the City will need to
pursue a wetland mitigation project to replace the filled wetlands. AEC can provide the
City assistance in developing conceptual wetland mitigation plans and associated cost
estimates for planning purposes.
• As discussed under Task 3, a Nationwide Permit for the Bear Creek Trunkline may be
required. If this occurs, AEC can provide the City assistance with this process.
Out-of-scope work will only be pursued with the City's written authorization and the work will
be billed consistent with the attached 2014 AEC Rate Sheet. For budgeting purposes, AEC has
included an estimated contingency cost of $2,000 under Task 6 in the budget.
ASSUMPTIONS
The cost estimate and timely completion of the scope of work are dependent on the following:
• The wetland determination (Task 3) and wetland delineation field work (Task 4)
would be conducted on the same field visit.
• Delineated areas may be subject to both federal and state jurisdiction. However,
concurrence will only be sought from the Oregon DSL. If a Removal/Fill Permit
application is submitted, then concurrence will also be sought from the USACE.
• The City has the legal right to access all parcels within which surveys shall occur. The
City shall provide written authorization to access the site prior to work beginning.
AEC 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.
• State and federal reviewers will not require accompaniment by AEC staff during field
review of delineated areas and issuance of formal determination of jurisdiction.
PROJECT TEAM
The project will be managed by Jonathan Williams, RG, Senior Hydrogeologist. Mr. Donald
Martin, PWS (Professional Wetland Scientist), will complete the majority of the field work and
reporting. Additional project support will be provided as necessary by Ms. Antonela Vadan, RG,
Senior Geologist, Both Mr. Williams and Ms. Vadan live in the Medford area and have worked
together for more than 5 years on numerous projects in southern Oregon. Mr. Martin is based
in Eugene, and he has worked with Mr. Williams on various projects throughout the Pacific
Northwest for more than 7 years. This work has included wetland delineation projects, wetland
7 1 Page Alpine Environmental Consultants, LLC
Mr. Scott Fleury
December 29, 2014
mitigation projects, and development of constructed wetlands for improving water quality, all
within the Rogue Valley area.
BUDGET AND SCHEDULE
AEC's estimated cost to complete the wetland-related work is $14,000, and will be conducted
on a time and materials basis consistent with the attached Rate Sheet. Charges for work that
are not part of the proposed scope of work are not included in the budget estimate. The
estimated cost and proposed scope of work are based on information available to AEC at this
time. 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. Field work will be conducted in
April, 2015.
We understand that on construction projects, time is of the essence, and we will endeavor to
submit the necessary reports within 4 weeks of the completion of field work. This proposal is
valid for 60 days.
I look forward to talking with you more about this opportunity. Please feel free to contact me at
541-944-4685 or jwilliams@alpine-enc-llc.com if you have any questions about our proposal.
Sincerely,
Alpine Environmental Consultants, LLC
Jonathan D. Williams, RG
Senior Hydrogeologist, Principal
Attachments:
AEC Rate Sheet
8 1 Page 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, 2014 through December 31, 2044
Labor Rates
Billing Title Hourly Rate
Principal, Senior Scientist $145
Senior Engineer $135
Environmental Specialist/Geologist it $115
Environmental Specialist/Geologist 1 $95
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 $0.75/$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.
ALP1N-5 OP ID: MM
ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE
1211712 fY014
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 endorsement(s).
PRODUCER CONTACT
Pieper Ramsdell Agency -NAME...-
PHONE FAX
P.O. Box 596 arc No Ext : AIC No :
St. Helens, OR 97051 ADDRESS:
Joe Schultz
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Homeland Insurance Co of NY
INSURED Alpine Environmental INSURER B:
Consultants, LLC
I
12208 Antioch Road ' INSURER C:
White City, OR 97503 INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
f R
LTR TYPEOFINSURANCE INS POLICYNUMBER MM! DIYYYY MWDDNYYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY X X 793-00-32-64-0000 0510712014 05107/2015 PREMISES Ea occur ence $ 50,000
CLAIMS-MADE a OCCUR MED EXP (Any one person) $ 5,00
X Hired Auto PERSONAL&ADV INJURY $ 2,000,000 -
X Non-Owned Auto GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,00
X POLICY PRO LOC $
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY Ea accident $
ANY AUTO BODILY INJURY (Per person) $
ALLOWNED L SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS PER ACCIDENT
$
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAB AGGREGATE $
CLAIMS-MADE
DED RETENTION$ $
WORKERS COMPENSATION WC STATU- 0TH- j---
AND EMPLOYERS' LIABILITY T RY LIMrfE, ER
ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.LEACH ACCIDENT $ -
OFFICERIMEMBER EXCLUDED? N I A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
A Pollution Liab 793-00 32-64-0000 05/0712014 05/0712015 Limit 2,000,000
A Professional L)ab 793-00-32-64-0000 05/0712014 05107/2015 Limit 2,000,000 -
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
Per attached endosements OBENV GE 301, OBENV GE 319, and OBENV GE 320
CERTIFICATE HOLDER CANCELLATION
CITYASH
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
A
Ashland, OR 97520
ep 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
• _ i
Policy Number, 793-00-21-64-0000
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 F
CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART
SCHEDULE i
i
i
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.
i
(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
L
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.
i
OBENV GE 301(0211) Includes copyrighted material of Insurance Services Office, Inc. i of 1
Copyright 2011, OneBeacon Insurance Group LLC
E•INSURED
i
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, S. 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.
i
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All other terms and conditions remain the same.
i
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1
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OBENV GE 319 (0211) Includes copyrighted material of Insurance Services Office, Inc. I of 1
Copyright 2011, OneBeacon Insurance Group LLC
E-INSURED
I
i
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Policy Number: 793.--00-21-64-0000
i
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
i
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US f
This endorsement only modifies coverage provided under the following: j
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART
F
SCHEDULE i
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.
t
I
SECTION IV - CONDITIONS, 13. Transfer of Rights of Recovery Against Others To Us is deleted and
replaced with the following:
i
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.
All other terms and conditions remain the same.
4
OBENV GE 320 (04 11) Includes copyrighted material of Insurance services Office, Inc. 1 of -I
Copyright 2011, oneSeaconInsurance Group LLC
E-INSURED
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Page 1 / 1
ASHLAND CITY OF
DATE PO NUMBER
20 E MAIN ST. 1/9/2015 12684
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 019195 SHIP TO: Ashland Public Works
ALPINE ENVIRONMENTAL, CONSULTANTS LLC (541) 488-5587
12208 ANTIOCH ROAD 51 WINBURN WAY
WHITE CITY, OR 97503 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Scott Fleury
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
Wetland Determination Support for the 14,000.00
Bear Creek Trunkline Project and
Wetland Delineation Support for the
Oxidation Ditch Expansion Project, Not
to exceed $14,000.00
Contract for Personal Services
Beqinninq date: 12/01/2014
Completion date: 12/31/2015
SUBTOTAL 14 000.00
BILL To: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 14,000.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 675.08.19.00.70420 E 201320.999 8,540.00
E 675.08.38.00.70420 E 201320.999 5,460.00
~ c!
Authorize Signatu e, VENDOR COPY
FOIZN-- #3
CITY OF
ASHLAND
REQUISITION
v Date of request: ► v~ is
Required date for delivery: AsAp
Vendor Name At-R''ic Cat`tLC-
Address, City, State, Zip tZ2o~3 A~tneu~ Qc~ , v~turr~ ct~ f OZ- 9~sy3
Contact Name & Telephone Number
Fax Number 7.G. 5tit - -tA4 - 41i-3S
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 El Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Agency
❑ Form #9, Request for Approval Date original contract approved b Council:
® Less than $35,000, by direct appointment ❑ Written quote or proposal attached (Date)
❑ (3) Written proposals/written solicitation Date approved by Council:
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
t9,«
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
® Per attached quotelproposal 3`;x0 so L S X4(.0 $
Project Number 2013- AccountNumber!o?~- Cs3-3 -~--7o4?~0
AccountNumberAccount Number-__-__-__- -
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes /No
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied.
Employee: Department Head: EL- 1 l~
(Equal to or greater than $5,000)
Department Manager/Supervisor: ~ City Administrator:
(Equal to or greater than $2 ,000)
Funds appropriated for current fiscal year: YES / NO - /~fZa/.
Finance Director- (Equal to or~ aterthen $5,000) Date
Comments:
Form #3 - Requisition