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HomeMy WebLinkAbout2011-037 Contract - JBR Environmental Consultants ,0. CI TY OF CONTRACTOR: JBR Environmental Consultants, ASHLAND Inc. 20.East Main Stn:et CONTACT: Rebekah Brooks, RG Ashland, Oregon 97520 ADDRESS: 8484 Crater Lake Ave. . Telephone: 541/488-6002 Fax: 541/488-5311 White City, OR 97503 TELEPHONE: 541-770-6977 DATE AGREEMENT PREPARED: 2/23/2011 FAX: 541-770-7019 BEGINNING DATE: 2/28/2011 COMPLETION DATE: 3/1/12 COMPENSATION: Time and materials not to exceed $8,050.00 (sell proposal attached as exhibit C). - . . GOODS AND SERVICES TO BE PROVIDED: Develop a site characterization work plan to address DEQ c()ncems as expressed in a letterto Mike Morrison dated January 19,2011. (See proposal attached as exhibit C for a full description of the scope of services.) ADDITIONAL TERMS: . NOW THEREFORE, pUrsuant to AMC 2.50.120 and after . consideration of the muiual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all personal serviCes and shall at its own risk and expense, perform any work, and furnish all labor, equipment and materials required for the work described above and attached as exhibit C. 2. Qualified Work: Contractor 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 work 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 Oregori, are so registered, licensed and bonded. Contractor must also maintain a currerit City business license. 3. COInpletion Date: Contractor shall provide all goods in accordance willi the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indiCated above. 4. Compensation: _City shall pay Contractor for the specified goods and for any work performed; including costs and expenses, specified above or in EXhibit C. 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. Compensation under this contract, including all costs and expenses of Contractor, is limited to $8,050.00, unless a separate written contract is entered into by the City. 5. Ownership of Docuinents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutorv Requirements: ORS 279B.020, 279B.220, 279B.225, 279B.230, 279B.235, ORS Contract for Personal Services G:\jlub-wrf<s\eng\09-ll7 Gun Club En~ronmenla"^..Mmln\Eng Vendorl\09 07 JBR Coolract.doc Chapter 244 and ORS 670.600 are made part of this contract. Contractor shall comply with these and all otherfedetal, state ahd local laws and regulations applicable to the work under this Contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $18,703 or more, Contractor 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 ta-any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. R Indemnification: Contractor 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 Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractorto perform work or services attendant to this contract). Contractor 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 ()fCity. 9. 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 Contmctor, 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 ahd 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 Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Defaultor Breach. i. Either City or Contractor may terminate tWs contract in the event of a breach of the contract by the other. Prior to such termination the party seeking iermination shall give to the other party written notice of the breach and intent to tenninate. If the party committing the breach has not entirely cured the breach within IS 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 bv the oartv giving notice. G:Ipub-wrl<s\englD9-o7 Gun Club En~ronmei1/a'-'..}.dri1In'&og VendOr1lD9 07 J6R Con_doc 11. Time is of the essence for ContraCtor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach may at any time terminate the whole or any part of this contract ifContrllctor 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. ObligatiohlLiability 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 aiready 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, Contractor shall immediately cease all activities uiJ.der this contract, unless expressly directed otherwise by City in the notice ofterinination. Further, upon termination, Contractor 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 Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract and for any federal or state taxes applicable to payments uiJ.der this contract. Contractor will not be eligible for any federal Social Security, state Worker's Compensation, unemployment insurance or Public Employees Retirement System benefits from this contract payment, except as a self-employed individual. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not lilllited to City discovery of a misrepresentation or shain regarding a subcontract or that the Bidder has violated any requirement ofORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor 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. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, ai1d the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor ai1d City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance ofthe contract work set forth in this document. 15. Default.. The Contractor shall be in default of this al!reement if Contractor: commits any G:\pub.wrl<sleng\09-1l7 Gun Club EnvironmenlarlA.}.dmln\Eng Vendor1'/lg 07 JBR Coolractdoc material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; ifit loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor 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. 16. Insurance. Contractor shall at its own expense provide and maintain 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. General Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, for each occurrence for Bodily Injury and Property Dainage. It shall include contractual liability coverage for the indemnity provided under this contract. c. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, for each accident for Bodily Injury and Property Damage, including coverage for oWiled, hired or non-owned vehicles, as applicable, d. Notice of cancellation or change. There shall be no canceliation, material change, reduction oflimits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates ofInsurance. Contractor 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 Contractor's services to be provided under this Contract. As evidence of the insutailce coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Irisureds. 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 Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 17. Goverriing 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 Contractor that arises from or relates to this contract shall be brought and conducted s,olely and exclusively within the Circuit Court of Jackson COl,lnty 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 flIed in Jackson County, Oregon. Contractor, 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 awaiver.bv City orany form of defense or . G:\pub-wr/<s\erjj\09-07 Gun Club EnvlroomentaM-Admil1\Eng V.nd<l~'lI9 07 JaR Coollacldoc \ immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. Arbitration. If any disputes, disagreements, or controversies arise between the parties pertaining' to the interpretation; validity, or enforcement of this Agreement, the parties shall, upon the request of either party, submit such dispute to binding arbitration. Except as otherwise provided in this contract, arbitration shall be requested by delivering to the other party a written request for arbitration. Within five (5) days of receipt of such request, the parties shall select a mutually agreeable arbitrator and designate mutually agreeable rules of arbitration. If the parties ciumot agree upon an arbitrator within five (5) days, an arbitrato.r may be appointed by the presiding judge, Jackson County Circuit CoUrt, upon the request of either party submitted in accordance with ORS 36.310. If the parties have not designated mutually agreeable rules of arbitration at such time as the arbitrator is appointed, the arbitrator shall adopt rules for the arbitration. The arbitrator's decision shall be binding upon the parties, The City and Contractor agree to a consolidated arbitration of such claims, disputes and other matters in question between themselves regarding the project, with claims, disputes and other matters in question regarding the project betw.een and among the City, Contractor and the City's third parties designees and contractors and anyone else under contract with the City or any other party to perform work or services related to the project. Notwithstanding any dispute under this Agreement, whether before or during arbitration, Contractor shall continue to perfOIin its work pending resolution ofa dispute, and the City shall make payments as required by the Agreement for the undisputed portions of the work. 19. Attorney Fees. If either party COmmences any arbitration, legal action, suit, or proceeding against the other to rescind, interpret or enforce the terms of this Agreement, the parties agree that the prevailing party shall be awarded reasonable attorney's fees and costs incurred in any such arbitration, action, suit or proceeding and in any later appeals filed as a consequence thereof. Such costs shall bear interest at the maximum legal rate from the date incurred, until the date paid by the losing party. 20. Severability. If any part, term or clause of this Agreement is held by a court or arbitrator to be unenforceable, of no effect or in conflict with any law, the validity of the remaining provisions and clauses shall not be affected and the rights and obligations of the parties shall be construed and in force as if the Agreement did not contain the particular part, term or clause held to be unenforceable. . 21. THIS CONTRACT AND ATIACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO VI AlVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH W t\IVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR Tlffi SPECIFIC PlfRPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITIEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS . ~ AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HElSHE G:\j>ub-Wl1<s\erglO9'()7 GunClub Environmentar,AJ.dmi1\Eng Vendor1109 07 JBR Contractdoc HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 22. 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. Contractor 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 Contractor, with no further liability to Contractor. 23. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 24. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein inco orated b reference. Contractor: City of Ashland By Si ature Susan Kalan Print Name Controller Title W-9 One copy ofa W-9 is to be submitted . th the signed contract. urchase Order No. (' tI' tIP ? 0 BY~~~_J>>o- Departrllent Head ~'L,^-,^"-iQ... t"Au<W Print Name 3/;l.;l.../ ;lol! Date Funds appropriated for current fiscal year: h_'l -s- Finance Director JA,/Ir Date A~orm: Legal Departrllent 3/zz/U 'r Date # ,--~tJ I ~,~ -7 0 G:\pub-wrl<s\fng\ll9.Q7 Gun Club Envlronmental'A..Admin\Eng Vendor1'OO 07 JBR Conlrad.d<ic EXHIBIT A CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty ofpeljury, 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 peljury 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 defmed in the contract documents, and has checked four or more of the following criteria: 'f 'f -+- 1- }{ , -X- (I) I 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. (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) I 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. (fJ/J~ a---h-fL.) / (Date) G~1D9-07 Gun Club EnvIronmenlaI\A..AdmInlEng Vendor1'D9 07 JBR eoo_doc EXHIBIT C OJBR" creating solutions for todav's environml!!nt February 14,201'1 Mr. James Olson Engineering Services Manager City of Ashland 20 E. Main St. Ashland, OR 97520 Dear Mr. Olson: As requested, JBR Environmental Consultants, Inc. (JBR) has prepared this proposal and cost estimate to provide the City of Ashland (City) environmental consulting services associated with the Ashland GUD Club (Gun Club) located at 555 Emigrant Creek Road in Ashland, Oregon. We understand that the Gun Club's lease with the City for use of the property is up for tenewal, and the City is currently looking to characterize any contamination at the site to address citizen concerns prior to renewing their lease. In order to do this, the City must respond to comments provided by the Oregon Department of . Environmental Quality (DEQ) on the Level II Screening Level Ecological Risk Assessment Report (Brown imd Caldwell; April 16, 20tO). We also understand that one of the City's immediate concerns is to address any Gun Club activities that may have impacted the adjacent property to the north of the Gun Club, which is privately owned. JBR realizes that costs and schedule for this project are of paramount concern to the City. Based on our previous experience working with DEQ on other projects, JBR has found it beneficial, in order to control both costs and schedule, to establish an agreement with DEQ on the scope and strategy for a site assessment, and to define goals and expectations for both parties early in the process. As we discussed hy telephone on February 10,2011, we believe that the City may benefit by phasing the additional assessment required to respond to DEQ's comments, as detailed in the File Review Memorandum (DEQ; January 19,2011). This will allow for a clearly defined and agreed upon strategy between DEQ and the City on the scope of work, which is necessary to deveiop accurate cost estimates for the future field work and reporting tasks and to avoid unnecessary scheduling delays. To this end, herein we ate providing a . scope and cost estimate for JBR', recommended first stage of work, referred to as the Planning Phase. We helieye the Planning Phase will be instrumental in establishing ail agre~ment with DEQ on the path forward and accomplish the City's goal of completion of site charaCterization and risk assessment, while keeping to an expedited schedule. At the end ofthis first phase, JBR's expectation is the City would have a DEQ-approved work plan that they can use to proceed with the additional site characterization activities. The following section details our proposed scope of work to complete the first phase of work associated with the additional site characterization activities required for the Gun Club. JBR Environmenti1'1 Consultants,lnc. 3400 188th St. SW, Sle. 605 lynnIWod, Washington 98"037 [pI 425.977.4994 [11425.977.4995 \W/IY.jbrenv.com SCOPE OF WORK JBR's proposes the following three tasks for the Planning PhaSe of the Gun Club site characterization: Task 1: Review of Historical and Current Site Operations One of the elements required by DEQ for the additional site characterization at the Gun Club is to assess current site operations to determine how potential lead impacts may be distributed at the property based on site use. Also, DEQ indicates that the historical layout of the shooting range is important to determine whether potential lead impacts could be located in different areas than the current orientation. JBR believes this information is critical in the seoping of elements for a work plan for site characterization (see Task 3). To accomplish this task; JBR will acquire and compare historical and current aerial photographs to determine whether changes have been made over time to the configuration of the Gun Club. [n addition, JBR will interview appropriate personnel at the City and/or Gun Club that are familiar with the current and/or historical operations in order to gather pertinent infannation on where lead impacts could be distributed at the Gun Club. Tbis information will be used to develop the scope for the site characterization activities (i.e. sampling locations and frequency) and to assist in preparation of the work plan. JBR's estimated cost to complete Task I is $850. This cost includes the purchase of historical aerial photographs ofthe Gun Club property from the University of Oregon Map Library. Tas!< 2: Meeting with DEQlProject Management Prior to preparation of a work plan for site ~h;:rracterization activities, JBR proposes that a face-to-face meeting between the City, DEQ, and JBR would be beneficial in moving the work plan towards approval and in keeping the project on schedule. We have assumed for cost purposes that the meeting would be held in the DEQ, Eugene office because the assigned DEQ project manager for the Gun Club project, Mr. Oeoff Brown, is located there; however, we suggest requesting thai DEQ consider attertding the meeting in Ashland to keep down costs for the City and to allow for a site visit during this meeting. One of the key components of this task is to allow for discussion on the necessity of implementing some of the additional site characterization activities by DEQ. Simply establishing a scope of work based on DEQ's cominents would potentially create commencement of work that is not necessary~ For example, JBR believes collection of surface water samples in Emigrant Creek for two years prior to establishing that groundwater has been impacted by activities from the Gun Club is not warranted. In addition t.o disc~ssing the proposed scope for the additional site characterization, JBR also recommends that Best Management PractiCes (BMPs) for the Gun Club he discussed with DEQ at this time, as specified in the DEQ comment letter. However, based on DEQ's recommendation, appropriate BMPs should be decided only after site characterization activities (including whether or not vertical infiltration is occurring in the berm areas) is complete. JBR also expects the City and the Gun Club officials will fJ.~e.d to have discussions on- proposec,i BMPs before they are implemented. Therefore, we . propose that decisions on the BMPs be conducted during a later phase. This task also includes typical project management costs, such as statUs updates with the City on the project (by telephone or email), budget tracking, and invoice processing~ JBR's estimated cost to complete Task 2 is $2,720. IBR Environmental Consuffants, Inc. Task 3: Site Characterization Work Plan Preparation As discussed above, JBR believes that approval from DEQ on a work plan for the additional site characterization activities prior to implementation of the field work is imporlar1t. To accomplish this, JB'R proposes to prepare a Site Characterization Work Plan (work plan) to describe the scope offield activities that will be conducted on the Gun Club property, and the adjacent property to the north, to identity any lead impacts associated with Gun Club activities and to respond to DEQ's comments. The scope for the work plan will be based on discussions with DEQ (Task 2). The work plan will identity pertinent site features (e.g. topography, surface water bodies and drainage) and the current and historical loCations of the site operations (as detennined in Task 1) on figures; specification ofsampJe location methodology (i.e. using random sample location generator based on an established grid size); proposed soil and groundwater sample locations; laboratory analyses; and field and quality control procedures. A draft work plan will first be provided to the City for their review and comment. Once the City's comments are incorporated, the work plan will be provided to DEQ. Because a meeting to discuss any issues with DEQ will be held prior to work plan preparation, we anticipate minimal comments from DEQ on the work plan. JBR's estimated cost to complete Task 3 is $4,480. COSTS AND SCHEDULE JBR's estimated total cost to complete the proposed scope of work is $8,050. The costs are summarized by task below: Task I - Review of Historical and Current Site Operations Task 2 - Meeting with DEQ/Project Management Task 3 - Site Characterization Work Plan Preparation $ 850 $2,720 $4,480 JBR bills for time and materials, consistent with the attached Rate Schedule. As we have discussed previously, we can achieve a cost savings for the drilling contractor in the future by combining the field activities conducted for the 'B' Street site with the Gun Club site, thereby reducing mobilization costs. These costs will be defined in detail for the second phase ofthe work. JBR is prepared to being work on this project immediately upon receiving written authorization to proceed. JBR anticipates thai a work plan submittal can be ready for DEQ reyiew within four weeks of receiving approval from the City. This schedule will depend on the City's and DEQ's availability for a . project meeting within this tiiTie frame. Understanding the City's need to expedite the schedule on this project, JBR would be prepared to complete and issue another proposal and cost estimate to complete the site assessment activities detailed in the work plan within I week of receiving final comments. from DEQ. JBR would also coordinate with necessary subcontractors (i.e. drilling subcontractors) to commence field work within two weeks of receiving authorization to proceed on the site assessment activities. BaSed on this schedule (relying heavily on the availability of DEQ for the project meeting and review of the work plan, and driller availability), it is possible that JBR could commence field activities at the site within two monihs of beginning this first phase of ,,!ork. The estimated cost and proposed scope of work are based on infonnation available to JBR at this time. Charges for work that are not part of the proposed scope of work are not included in the budget estimate. If conditions change, unforeseen ~irc~m.stances are encountered, at work efforts are redirected, the cost estimate may require modification. This proposal is valid for 60 days. JBR Envltonmental [onsult.nts, Inc, We hope that this proposal provides you with the information you need to make a decision on moving forward on the Gun Club site characterization. Please feel free to contact Rebekah at 425-977-4994 Ext 101 or rbrooks@jbrenv.com or Obie at 541-770-6977 or ostrickler@jbrenv.com if you have any questions about this proposal. Since~ely, .~.!Z~ , l Rebekah Brooks, RG Division Manager/Sr. Hydrogeologist ltr~ J~ Obie Strickler, RG Medford Office Manager/Geologist Enclosures: JBR 2011 Raie Schedule . IBR Environmental Consultant<, iot. JBR ENVIRONMENTAL CONSULTANTS,INC. CONFIDENTIAL BUSINESS INFORMATION (Commercial Rates) SCHEDULE OF PROFESSIONAL FEES AND EXPENSE CHARGES January 1, 2011 through December 31, 2011 Environmental Scientists, Engineers. SpecIalists, and Analysts Billinq Tit/e Hourly Rate Princioal 195.0 proaram Manaoer 169. Senior EnaineerlScientist 157. Pro'eel EnoineerlScientisllV 148. Pro'eel EnaineerlScientist III 138. Pro'eel EnaineerlScientist II 128.0 Pro eel EngineerlScientist I 120.0 Environmental SN>rialistlEnnineer III 113.0 Environmental S=cialistlEnaineer II 1o;~ Environmental SpecialistlEnaineer I 97. Environmental Anal"st III 91. Environmental Analyst 11 87. EnVironmental Anawst I 78. Assistant EnviommentaJ An::llvst 72. Field Testina Mananer 8O:oi Sr. Environmental TechnIcian 72.0 Environmental'T echnidan '1 Senior Archaeol~ist . 138.0 Proieel Archaeol~ist 108.0 Staff Archaeologist . 87.C Princioallnvestioator 138.0 uppor!, Design, and Graphics Staff illin Title untant ccountin Assistant dministrativeITedmical Assistant AD S ecialist eniot Gr'a hies S cialist echnical Editor nfonnalion TechlGiSI stems S 'alist Hourly Rate 90. 62.0 62. 89. 92. 87.00 .103.0 Equipment Fees and Expense Charges Item Milea -e- Off-Road 4x4 Other E ui ment Char es Black and While Co ies Colored Co ies 8 x11/11x17 Plotlin Char es Handlin Char e Hazardous Materials Broker e Fee.. - Rented vehicles charged at rental cost & fuel + 15% Expert \^Jitness Testimony Deposition and Trial testimony offered al2oo% of lhe appropriate hourly rate. Pre alalion lime is billed a1150% of the hour rate Ius ex nses. Fee IRS rate + 20% $38.oo/da ui men $0.15 ea $0.751 $0.9 varies siz 15% 17% varies ----=" OP 10: JN ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) ~ 02/09/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITlONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of tho policy, certa,~~!;~.OIiCies may require an endorsemenl A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s . PRODUCER 801-486-1373 CONTACT NAME: oa'mpus Insurance Agency 801-485-6943 PHONE I r~~.Nol: P Box 65608 .lA/C,No Ext : Salt Lake City, UT 84165-0608 E-MAIL ADDRESS: F. David Child, Jr. _~~~~g~~~)D.~: JBRC01 0 INSURERI~' AFFORDING COVERAGE NAIC# INSURED JBR Environmental Consultants, INSURER A : Hartford Insurance Company 22357 Inc INSURER B Westchester Surplus Lines Ins. 10172 8160 South Highland Drive A-4 - INSURER C : Sandy, UT 84093 INSURER 0 : INSURER E ; INSURER F ; COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~f:1 TYPE OF INSURANCE IAb~SuaR: POLICY NUMBER I ,f-OLlCY EFF~PbTICY EXP I LIMITS MMIODfYYYY MMIODfYYYY _~NERAL LIABILITY. ~! OCCURRENCE . 2,000,00 B L :3MMERCIAL GENERAL LIABILITY X X G22062815007 08/04/10 08/04111 A AGE-TO RENTto :p' 50,00 PREMISES (Ea occurrence . CLAIMS-MADE [!] OCCUR MED EXP (Anyone person) . 5,00 B X Pollution L1ab. G22062815007 08/04/10 08/04111 PERSONAL & ADV INJURY . 2,000,001 B I~ Prof Liab elms Ma G22062815007 08/04110 08/04111 GENERAL AGGREGATE . 2,000,001 GEN'l AGGREGATE LIMIT APnS PER: PRODUCTS. COMPIOP AGG . 2,000,001 I POLICY [Xl ~~Q- LOC I' ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT . 1,000,001 (Eaaccident) A X ANY AUTO 34UECNJ7738 08/04/10 08/04111 - BODilY INJURY (per person) . - ALL OWNED AUTOS BODILY INJURY (Per accident) . ~ SCHEDULED AUTOS PROPERTY DAMAGE . - HIRED AUTOS (Peraccidenl) - NON-OWNED AUTOS . . UMBRELLA L1AB H OCCUR EACH OCCURRENCE . - EXCESS L1AB CLAJMS-MADE AGGREGATE . - DEDUCTIBLE . RETENTION . I. WORKERS COMPENSA TlON ~'fCSTATU~TH- AND EMPLOYERS' LIABILITY VIN TORnIM!L E:R. ANY PROPRIETOR/PARTNER/EXECUTIVE 0 EL EACH ACCIDENT . OFFICER/MEMBER EXCLUDED? NIA IMandalory in NH) E.l. DISEASE - EA EMPLOYEE $ If yes. describe under DESCRIPTION OF OPERATIONS below E.l. DISEASE - POLICY LIMIT . I I DESCRIPTION Of OPERATIONS I LOCA T10NS I VEHICLES (Attach ACORD 101, Additional Remarxs Schedule, if more space is required) The City of Ashland, OR and its elected officials, officers and employees are listed as additional insured as per written contract. Insurance is primary & non~contributo~ as per written contract. Waiver of subrogation ~~P'~~~!~'p"eL~~~:~ _c..~n 'f.~L!.h~ ~g"e_~.~ -".!Ir~:~~~ ,ll~~~n~~ ~~':.:.~~';, ncell I n. 1 I - C nc II CERTIFICATE HOLDER CANCELLATION CITYASH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRA nON DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E. Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE r-A.:! d'Lf/ F. David Child, Jr. I ACORD 25 (2009109) @1988-2009ACORDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured Endorsement Number JBR Environmental Consultants, Inc. Policy Symbol I Policy Number I Policy Period Effective Dale of Endorsement EPW G22062815 007 08/04/2010 TO 08/0412011 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is 10 be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Oraanization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include: A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, 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 or property damage occurring after: (1) 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 additionai insured(s) at the site of the covered operations has been completed; or (2) 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. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV,3101 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Named Insured Endorsemen( Number JBR Environmental Consultants, Inc. Policy Symbol I PolIcy Number I Policy Period Effective Date of Endorsemen( EPW G22062815 007 08/04/2010 TO 08/04/2011 Issued By (Nama of Insuranco Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the Information Is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Orn:mlzatlon' Any person or organization that Is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request Is made prior to commencement of operations. (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, 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 or property damage occurring after: (1) 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 (2) 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. ENV-3100 (08,04) Includes copyrighted material of Insurance Services Office, Inc. with its permiSSion Page 1 of 1 Named Insured Endorsement Number JBR Environmental Consultants, Inc. Policy Symbol I Policy Number I Policy Period Effective Date of Endorsement EPW G22062815 007 08/04/2010 TO 08/0412011 Issued By (Name 01 Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Oraanization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement WIll be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: 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. ENV-3143 (03'05) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 ,~ - .A.CORO- :ICA TE OF TY INSUP~NCE ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOlOER. T I' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELC ~ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATI I OR PRODUCER, AND THE CERTIFICATE HOLOER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to ", terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to hI certificate holder in lieu of such endorsement(s}. PRODUCER CONTACT NAME ATTENTION: GAIL BLOXHAM PHONE I~:" AleNa. Ext\ Ale Na.\: RJ AHMAN COMPANY E-MAIL ADDRESS 7555 MARKET PLACE DR PRODUCER EDEN PRAIRIE MN 55344 CUSTOMER ID, INSURERjSI AFFORDING COVERAGE NAle. INSURED IHSURERA: Advantage Worken Corn~mation IDlur.ulce Company 10033 JBR ENVIRONMENTAL CONSULTANTS INC INSURER B: 8160 S HIGHLAND DR SANDY, UT 84093 INSURER C: INSURER 0: INSURER E: INSURERF: 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 PERIO[ INDICATED. NOTWITHSTANOING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POUCYEFF POUCY EXP Lm T't'PE OF INSURANCE INSR 'IND POUCY NUMBER (MMIODIVYVYJ fM MIODNYVY) UMITS ~NERAl LlABIUTY EACH OCCURRENCE . DAMAGE TO RENTED - 5MERC'Al GENERAl LIABILITY PREMISES r~ach occurrence\. . - CLAIMS MADE D OCCUR MEO EXP IA..., one erson' . - PERSONAL & ADV INJURY . - GENERAL AGGREGATE . ~~f;LAGG~Rn ~~ n~ PER PRODUCTS - COMP/OP AGG . POLICY JEer loe AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT (Eaaocldent) . ANY AUTO BOQIL Y INJURY Per "" . All OWNED AUTOS BODILY INJURY (Per ac:cidilflt) . SCHEOULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) . NON-QWNED AUTOS . . UMBRElLAl~ ~OCCUR EACH OCCURRENCE . EXCESS LIAS CLAIMS MADE AGGREGATE . DEDUCTIBLE . RETENTION . . WORKERS COMPENSATION I we STATU-; I 10TH AND EMPLOYER'S UAB1UTY 0 TORY LIMITS -ER ANY PROPRIETOR/PARTNERI EXECUTIVE A OFFICERn.tEMBER NfA 2163626 07/01/2010 07/01/2011 EXCLUDED? EL EACH ACCIDENT $1,000,000 (NandatoryinNH). EL DISEASE - EACH EMPLOYEE $1,000,000 II yes, describe under - i-- DESCRIPTION OF OPERATIONS bolow EL DISEASE. POLICY LIMIT $1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarb Schedule, If more space is required) Oregon CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 E MAIN STREET THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ASHLAND, OR 97520 ACCORDANCE WlTH THE POLICY PROVISIONS. AUTHORIZED REPRES ~j1L,! .~ --- !J,. ACORD 25 (2009J09) C1988-2009 ACORD CORPORATION, All rights reserved. Tho ACORD name and logo are registered marks of ACORD. , r~' CITY RECORDER Page 1/1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 VENDOR: 015886 JBR ENVIRONMENTAL CONSULTANTS 8484 CRATER LAKE AVENUE WHITE CITY, OR 97503 FOB Point: Terms: Net Req. Del. Date: Speciallnst: :~~'QuanHtVf:;':~.Uni-t;. '::":';-.,' " ",_,,,!,,}":, ..... ',OeikriiJtion Work plan for DEQ requested soil and groundwater testing at the Ashland Gun Club Contract for Personal Services Beginning date: 02/28/2011 Completion date: 03/01/2012 Insurance required/On File Note: Payments are to be sent to the remittance address: 8160 South Highland Drive, Sandy, Utah 84093 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND OR 97520 -,'...;-+':OATE' ".- -.,:,,'1 3/23/2011 . -"PO NUMBER:: 10090 --' , ,>' "" .. '_:(~!_Ul1it:Pri'ce ~._ ~".'.ExePrice_':~~~' 8,050.00 8 050,00 0.00 0.00 8,050.00 , '<:~:~:~'A'ccoun(Num't)er:i/::,vl~; ~;~..r''!iP.roject:NUmDer:';.:- :,': :'-!.. '-'Amounf- -~. .. . ':A'ccount Number.:~;";~:: :~.; ~ ~ ,P.rojec(Nij'mbe(; '::-~-~ ~~"~,', ;;.r~'i11o'Lini~~~lttJ E 260.08.12.00.60410 E 200907.100 8 050.00 ~ " , ~fh Aut~rized Signature - VENDOR COPY SHIP TO: Ashland Public Works '\ (541) 488-5587 51 WiNBURN WAY ASHLAND, OR 97520 Req. No.: Dept.: Contact; Jim Olson Confirming? No " SUBTOTAL TAX FREIGHT TOTAL CITY OF ASHLAND . REQUISITION No. PW_-FY2011 Department PW ENGINEERING Vendor JBR Environmental Consultants, Inc. 8160 South Highland Drive Sandy, Utah 84093 Account No. 260.08.12.00.604100 Date March 22, 20 II Requested Delivery Date Deliver To Jim Olson Via (Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. Prepare a work plan for DEQ requested soil and groundwater testing at the Ashland Gun Club TOTAL $ 8,050.00 for Kari: BID IRFP / EXEMPT: Contract Start Date: 2128/I I Contract Completion Date: 3/1/I2 Insurance on file: IYES !NO Proiect No: 2009-07 Job No. Unit No. J hereby certify that the above items are necessary fOf the operation of this department and are budgeted ~ . ~A-..o..& It ~ Department Head or Au~erson Issued By Date Received By r.l' G:\pub-wrks\eng\O\A Blank Forms\requisition general form.xls