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HomeMy WebLinkAbout2016-339 Contract - Bruce & Girard Mason Contract for Personal Services less than $35,000.00 CITY OF CONSULTANT: Mason, Bruce and Girard -AS H LAND CONTACT: Mike Bonoff 20 East Main Street Ashland, Oregon 97520 ADDRESS: 700 SW Washington, Suite 1300 Telephone: 541/488-6002 Portland, Or 97205 Fax: 541/488-5311 TELEPHONE- 503-224-3445 DATE AGREEMENT PREPARED: EMAIL: mbonoff@masonbruce.com BEGINNING DATE: 12/1/2016 COMPLETION DATE: 6/30/2017 COMPENSATION: Not to exceed 34,900 SERVICES TO BE PROVIDED: On call environmental consulting services pertaining to in-water work regulations per specialties and fee schedule provided in exhibit C. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows- 1 . Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,283.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for an losses, expenses, claims, subro ations, Contract for Personal Services less than $35,000.00, Page 1 of 5 10.,, Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $250,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $100,000, $500,000, 1 000 000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services less than $35,000.00, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nona ppropriations 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 b reference. Consultant: City of Ashlan By By Signature Departm nt Head Print Name Print Name C,' is 50. G.Y ( 'J" - lb t1 /6 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services less than $35,000.00, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (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. Contractor (Date) Contract for Personal Services less than $35,000.00, Page 4 of 5 • CITY • ASHLAND • REGN EXHIBIT B City of Ash land LIVING WAGE per hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the projector the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services less than $35,000.00, Page 5 of 5 MASON, BRUCE, & GIRARD, INC. ENVIRONMENTAL SERVICES QUALIFICATIONS Prepared for The City of Ashland k M1A` rµ n Mason, Bruce & Girard, Inc. 707 SW Washington, Suite 1300 Portland, OR 97205 503-224-3445 www.masonbruce.com Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services FIRM PROFILE Mason, Bruce & Girard, Inc. (MB&G) is pleased to submit our qualifications for On-Call Environmental Services for the City of Ashland, Oregon. MB&G's Environmental Services Group (ESG) has nine scientists specializing in wetland science, fisheries, wildlife biology, urban forestry, riparian and aquatic habitat, hydrology, botany, and invasive species management, regulatory compliance, and environmental construction monitoring and support. Our team has extensive experience with regulatory compliance needs triggered by the federal and state Endangered Species Acts (ESA), Sections 404/401 of the t : federal Clean Water Act, National Environmental Policy Act (NEPA), Oregon - Removal/Fill Law, Oregon Fish Passage laws, and otherfederal, state, and local environmental regulations. MB&G has an excellent working relationship and reputation with many of the federal, state, and local regulatory agencies in Oregon, and we have worked extensively with regulatory agency staff that authorize City projects. MB&G is a highly-experienced firm that can provide the City of Ashlandwith credible, science-based environmental support throughout planning, design and construction. Founded in 1921 by David Mason, an early and vocal advocate for sustained yield forestry, MB&G is one of the oldest and most established natural resources firms in the nation. Today, we have 65 employees and three primary lines of business-Forestry, Environmental, and Geospatial Services. Headquartered in Portland, Oregon, we have offices in Medford, Oregon; Auburn, California; and Denver, Colorado. With hundreds of environmental projects completed in Oregon and Washington, we understand the environmental challenges facing City projects and the issues most likely to affect project schedules and budgets. ENVIRONMENTAL CAPABILITES & SERVICES Our team of environmental scientists and biologists strives to provide high-quality documents that require minimal review and editing and are in a format that facilitates efficient regulatory agency review and approval. We assist in all phases of project development and delivery, from pre-construction surveys and project planning through design and construction to post-construction site monitoring and reporting. Our team is backed by our full-service forestry and geospatial groups, providing a unique and wide range of resources for multi-disciplinary projects. Project Coordination, Scoping, and Permitting A primary focus of MB&G's Environmental Services Group is regulatory compliance; specifically for permits/authorizations required by: • Sections 401/404 of the Clean Water Act (OR DSL, U.S. Army Corps) • Federal and State Endangered Species Acts (ESA) • Section 106 of the Historic Preservation Act • ODFW Fish Passage Law • Local permitting. MBQ,,k/G City of Ashland Environmental Services Qualifications a , i Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services MB&G has an in-depth understanding of regulatory requirements, and we are comfortable with all required field surveys, including water quality, wetlands, and threatened and endangered species surveys. Mitigation As a firm we are recognized experts on mitigation strategies, implementation, and monitoring, having worked closely with clients and regulators to identify options to minimize environmental impact, and to design appropriate mitigation to offset project impacts, if mitigation requirements cannot be satisfied by purchasing credits at local mitigation banks. Construction Phase Services Our construction monitoring services focus on assisting clients with environmental compliance prescribed by permit conditions. We take pride in our ability to bridge the environmental compliance gap between the design and permitting phase and project implementation. MB&G understands that each construction project presents its own unique h circumstances and issues, but our experience providing environmental construction support over the last 15 years has allowed us to identify ` potential problems before they happen, whether the issues are related i~ to Section 401 compliance (turbidity management), erosion control, resource protection, or general construction specification compliance. Our certified erosion and sediment control (CESCL) experts provide construction compliance monitoring, reporting, and issues resolution. Our fisheries biologists have extensive experience with isolation and in-water work management, including fish salvage and follow-up reporting. Agency Credibility Through our extensive regulatory compliance experience, MB&G has developed excellent working relationships with the Oregon Department of Transportation, Oregon Department of Fish and Wildlife, Oregon Department of Natural Resources, Oregon Parks, and Recreation Department, U.S. Fish and Wildlife Service, and U.S. Army Corps of Engineers.. These agencies have come to respect and trust our work. Our regulatory agency experience covers the entire "cradle-to-grave" project timeline. We are experienced in facilitating pre-application meetings with regulatory agencies, coordinating on project impacts, and addressing agency questions on permit submittals. We often function as a client's Authorized Agent, responding to agency questions on wetland delineations or permit applications. Once permits are obtained, we assist with permit compliance during the construction and post-construction monitoring phases of the project. Discipline-Specific Services for the City of Ashland MB&G will evaluate environmental service needs by working with the City, your teaming partners, project stakeholders, and regulatory agencies to understand the potential environmental impacts associated with each project. We will evaluate design alternatives, conduct field work, and prepare requisite documents tailored to the requirements and stage within the overall planning process. XH3tQ,t7G City of Ashland Environmental Services Qualifications Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services Wetland Resources & Compliance MB&G's wetland scientists are experts in all aspects of wetland regulatory compliance and permitting. Our staff includes certified Professional Wetland Scientists (PWS) providing wetland identification, documentation, mitigation planning and permit support for public and private projects. We can provide effective coordination with federal, state and local wetland regulatory agencies to facilitate project review and issuance of necessary permits. We have an outstanding reputation with the wetland regulatory agencies in the Pacific Northwest-which is the result of our corporate history, expertise and professionalism. Our regulatory compliance experience extends well beyond project planning and involves all aspects of wetland identification and management, including: • Determination of regulatory boundaries • Collection of field data • Assessment of wetland functions and values • Analysis of project-related impacts • Mitigation site selection and development of mitigation plans • Technical oversight during wetland mitigation construction • Post-construction success monitoring. Water Quality MB&G designs and implements water quality studies to provide baseline information for assessing impacts to lakes, reservoirs, and streams and evaluating the success of restoration and enhancement projects. Our biologists collect water quality data (via laboratory and in situ measurements), water temperature readings, and sediment samples in ; support of Clean Water Act permitting for a wide variety of water resource projects, including dam removal, bridge repair/replacement, and various j in-water construction projects. Our environmental scientists use state-of- the-art instrumentation to measure, monitor, and achieve water quality:; regulatory compliance. Fish Passage Assessment & Compliance MB&G fish biologists are well-trained in the physical and biological elements that factor into assessing fish passage at natural and man-made obstructions. Our fisheries biologists have extensive experience assessing fish passage criteria in the field and working with engineers to design structures or stream enhancements that facilitate passage under a variety of physical settings. We have extensive practical experience with fish passage regulations, passage design requirements, and the documentation required to achieve compliance with such laws. City of Ashland Environmental Services Qualifications ~ r Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services Fish Salvage & Recovery MB&G fish biologists have extensive experience planning, permitting, conducting, and reporting on fish salvage and relocation efforts. Our a fish salvage teams can provide the entire suite of services needed to complete successful fish salvage and relocation work with an emphasis on maintaining fish health, permit compliance, and adhering to f r^` dynamic project schedules. These services include: • Coordination for acquisition of fish handling permits • Oversight of in-water work area isolation measures • Fish removal and relocation • Salvage effort reporting • Post-salvage agency coordination. MB&G has decades of experience delivering quality environmental projects. Our team of environmental scientists and terrestrial and aquatic biologists strives to provide high-quality documents that require minimal review and editing and are in a format that facilitates efficient regulatory agency review and approval. SELECTED RELEVANT PROJECTS City of Salem Madrona Avenue Road Improvement Project MB&G is providing support to the City of Salem Public Works;` ry `I r Department on the realignment of the Madrona Avenue SE and 25th'°~ fY t~ j ~ n Y t5 L"r x Street SE intersection. This project will provide increased capacity,, improve large truck movement, and bolster bike and pedestrian safety. The intersection improvements require a wider and longer fish passable culvert to accommodate the changes. Madrona Avenue SE will be widened from three to five lanes; 25th Street SE, north of Madrona Avenue SE, will be widened from four lanes to five lanes with bike lanes and sidewalks on both sides of the roadway; and 25th Street ter' g. SE, south of the intersection, will be realigned to improve large truck movement. Working directly with the City and their engineering contractor, Westech Engineering Inc., MB&G completed the environmental due diligence and permitting for the project. The project affects the East Fork of Pringle Creek and associated off-channel jurisdictional wetlands. Environmental permitting documents include a wetland delineation and report, Standard Local Operating Procedures for Endangered Species (SLOPES V), ESA compliance documentation, a Joint Permit Application to satisfy USACE and DSL permitting requirements, and a fish passage plan that addressed the project's compliance with Oregon's fish passage laws. We also developed a comprehensive site restoration plan that included in-stream wood placements and stake-planting of riprap to counteract scour associated with the urbanized stream. City of Ashland Environmental Services Qualifications k Mason; Bruce & Girard, Inc. www.MasonBruce.com Environmental Services MB&G is currently providing environmental support during the construction phase of this project. Our construction phase tasks include fish salvage and reporting, general environmental compliance support, and completion of required SLOPES V and JPA construction and as-built monitoring and reporting. On a recent inspection, our team noted the presence of nesting barn swallows inside of a box culvert scheduled for removal. We quickly coordinated with the City and received approval to create an urgent MUM migratory bird take permit from USFWS. Our project team t ` successfully addressed the nesting bird issue without delaying the project while maintaining compliance with the Migratory Bird Treaty Act. Reference Gary Myzak, City of Salem Department of Public Works, 503-588-6211, GMyzak@CityofSolem.net ODOT Full Delivery Fish Passage for Yaquina Basin US 20 Corridor Improvements MB&G is managing this cradle-to-grave project that includes permitting, landowner and stakeholder coordination, design, and construction of wetland and waters mitigation and fish passage for impacts associated with a previous Oregon Department of Transportation (ODOT) road improvement project (PME). We will remove a critical passage barrier, establish permanent riparian buffers through deed restrictions, and design and construct . ~approximately two acres of wetlands. This project includes site selection, land acquisition, design, permitting, construction, monitoring, and long-term site stewardship. MB&G is leading a team with several of firms with experience on prior phases of the PME project, including Otak, Inc. for civil/structural design and survey; Laura Herbon Landscape Architect LLC for landscape architecture; Historical Research Associates for cultural/archaeological' GeoDesign, Inc. for geotechnical engineering; and Henderson Environmental Design-Build Professionals for construction and design support. We will also be working with others whose support and cooperation will be critical to success of this project, including the Mid- Coast Watersheds Council, and The Wetland Conservancy. MB&G led mitigation site selection that resulted in two (2) agency approved mitigation sites, both located in the Big Elk Creek Sub basin of the Yaquina Basin: Bull Creek and Big Elk Creek. A culvert currently impeding fish passage will be replaced at Bull Creek, along with establishment of approximately one mile of riparian buffers. A constructed wetland at Big Elk Creek will provide rearing habitat and improved floodplain connectivity. Design of the mitigation sites is currently underway, with project construction scheduled for 2016. Project team members include Otak Engineering, Henderson Environmental Design-Build Professionals, Laura Herbon Landscape Architects, and Hancock Forest Management. City of Ashland Environmental Services Qualifications Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services MB&G is currently overseeing development of the Compensatory Mitigation (CM) Plan, a key deliverable forth is project. The CM plan will address physical and biological characteristics of the sites, the resource design elements, construction techniques, performance monitoring, performance standards, a long-term management plan, and legal protection/financial assurances for expanded riparian buffers. Site selection involved a GIS analysis of potential mitigation sites for both coho salmon and wetlands/waters mitigation. We obtained ODFW's 2013 fish passage barrier database and overlaid that on known coho spawning/rearing habitat. Having identified several barriers to adult and/or juveniles on mapped coho streams, we then obtained tax lot information and identified ownership of barriers and affected upstream reaches. The outcome of this analysis was a partnership with Hancock Natural Resources Group, a significant land manager in the Yaquina Basin. This turnkey project includes the delivery of wetland, waters, and fish passage mitigation, design-build construction and long-term stewardship with a contract completion date of 2022. ODOT Program Management of Mitigation and Monitoring Sites MB&G managed the Oregon Department of Transportation's -.,..-r~., (ODOT) monitoring and maintenance program for up to 60 biology and wetland mitigations sites under a 10-year state-wide contract. We were responsible for annual site monitoring, monitoring reports, maintenance plans, and oversight of contractors to ensure state and federal environmental permit compliance for each of the program sites. MB&G also prepared Aa` and implemented corrective action plans for failing habitat enhancement units, unsustainable planting plans, and° significant erosion problems and noxious weed infestations. The b..`. F program management portion of the project required - coordinating with multiple team members, including 11 landscaping firms and two architectural and engineering sub consultants, as well as with ODOT and the environmental regulatory agencies. To support data management, including query and display of the large volume of field collected data, agency documents, and map information, MB&G developed a web application (Mitigation and Monitoring Reporting System, MMRS). MMRS combines aspects of a Content Management System with the functionality of an intuitive Web Mapping Application, and supports a range of users from MB&G field biologists and subcontractors to MB&G and ODOT project managers. The applications supports upload of documents and photos, and tight integration of GIS and GPS data, and notification based on specific site activities. In addition to maintaining details and status for all MB&G managed sites, the system currently stores thousands of photos and hundreds of documents. MMRS has streamlined management activities by providing a common interface to produce reports and access all relevant project information including GIS data, aerial imagery, documents and photographs. Reference Brad Livingston, Wetland Program Coordinator, Oregon Department of Transportation, 503-986-3062 Bradley. F. Livingston godot.state.or. us MR~vG City of Ashland Environmental Services Qualifications Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services BPA Lane Wendson Wetland Delineation and Reporting Bonneville Power Administration (BPA)'s Lane-Wendson No. 1 115-kV transmission line extends from Eugene to Florence. The 41- mile line, built in 1948, will be rebuilt by replacing all wood pole structures, including poles, cross arms, cross braces, guys, anchors, insulator assemblies, conductor and five (5) line disconnect switches. Most construction activities will take place within the existing ROW, including upgrading or developing new roads, and removing and replacing existing structures. Approximately 35 miles of access road are located off-BPA's ROW. Ownership includes BLM and USFS lands and critical habitat for marbled murrelet, northern spotted owl, and various fish species. MB&G led Clean Water Act Section 404 permitting for this project, including wetland delineation surveys and reporting, preparation of a Joint Permit Application to the U.S. Army Corps and OR DSL, and wetland sections of an Environmental Assessment (EA) for the Rebuild Project that meets the requirements of NEPA, CEQ regulations, and DOE implementing procedures (10 CFR Part 102), with review by BPA as the lead Federal agency. Reference Doug Corkron, Bonneville Power Administration, 503-230-3000, dfcorkran@bpa.gov PacifiCorp Lewis River Critical Areas and Wetland Permitting PacifiCorp is developing a series of site improvements for nine reservoir-based recreational facilities at the Lewis River Hydroelectric Projects. The primary purpose of these improvements is to meet requirements set forth in the Settlement Agreement reached by state and federal agencies, tribes, and other stakeholders in connection with PacifiCorp's 2008 Federal Energy Regulatory Commission (FERC) license for - 4 continued operation of the Lewis River Hydroelectric Projects. Required permits/documentation include Washington State w Environmental Protection Act (SEPA), and JARPA-related permits, including U.S. Army Corps of Engineers and Washington Department of Ecology 404/401 permits, County Shoreline Development permits, In-Water Work Protection Plan, Stormwater Pollution and Prevention Plan, and WDFW Hydraulic Project Approval. A key element of environmental compliance for the Lewis River projects was the determination of wetland boundaries, and the quality of wetlands as defined by County ordinance. This information determines buffer widths, and the need for Critical Areas Assessments. MB&G prepared Level 1 and 2 Critical Areas Assessments per Cowlitz County code for the Cresap and Beaver Bay projects. Key elements of these documents included: • Detailed description of vegetation on and adjacent to the project area and its associated buffer. • Identification of priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area. MRQ,,,,,G City of Ashland Environmental Services Qualifications Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services • A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality or to the use of the site by sensitive species • Avoidance or minimization to preserve existing habitats. • A Protection Plan describing activities that will be used to mitigate impacts and restore habitat. Development of SEPA, DARPA, and Critical Areas permit documentation was conducted in close coordination with the project design team, led by MacKay Sposito, Inc. (a subcontractor to MB&G on this project). PacifiCorp received project permits on schedule. Reference Briana Weatherly, PacifiCorp Hydro Compliance Manager, 503-813-7033, Briana. Weatherly@PacifiCorp.com City of Ashland j Environmental Services Qualifications Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services ON-CALL APPROACH MB&G currently holds many on-call contracts with clients including Bonneville Power Administration, PacifiCorp, Oregon Department of Transportation, City of Salem, Eugene Water and Electric Board, Washington County Clean Water Services, and Port of Vancouver. Responsiveness and ability to meet the demands of multiple projects and tight deadlines are keys to our success on these contracts. Our clients know that they can count on MB&G to deliver credible, cost effective solutions on short notice. Our management philosophy emphasizes support, accountability, and responsiveness to our clients. Our approach to any project assignment will begin with close collaboration with City staff at Notice to Proceed and continuing through every phase of an assigned project. As our clients can verify, the MB&G Team is committed to maintaining good communications during each phase of every project. Key aspects of our management approach for this on-call contract are discussed below. Task Assignment Once MB&G receives a request for services, we will meet with City staff, preferably in person, to develop a thorough understanding of the project, identify key staff, and to prepare a detailed scope of work and cost estimate that meets project budget requirements and timelines. We can meet on short notice to review project plans, identify permitting and mitigation compliance needs, determine necessary tasks (e.g., wetland delineation, site assessment, fish salvage, etc.), and identify monitoring requirements. During the early stages of a project, MB&G will meet with City staff to review preliminary plans to determine whether design alternatives are available to reduce environmental impacts and eliminate the need for certain types of assessments or permits. In addition, we have excellent working relationships with resource coordinators at many federal, state and local agencies that we can quickly contact to confirm the most current information on site conditions, listed species presence, mitigation options, and permit requirements. Quality Assurance MB&G's QA/QC program is simple and essentially unchanged over our 95-year history: deliver cost-effective, scientifically-sound technical support documents, and ensure client satisfaction. To that end, we have a formal Quality Plan that describes our procedures for ensuring that projects meet internal requirements for work quality, timeliness, and cost control. For example, we have protocols for budget and schedule control, information management (including project files, correspondence, and meeting minutes), data flow and control, and reports. A key element of our Quality Plan is a two-level review process that includes both technical and senior staff review of all work products, reports, and other technical documents/reports. Each deliverable must first be reviewed for completeness and accuracy by a specialist familiar with the technical focus of the document. Documents are reviewed a second time for content, consistency with project scope, and clarity by a senior staff member other than the principal author and technical reviewer. The reviews are conducted using established Xfi3PvG City of Ashland Environmental Services Qualifications Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services checklists from regulatory agencies, when available, to confirm that all critical components of a document are included in the deliverable. The technical and senior reviews are recorded in the project file. Since many of our deliverables contain technical project descriptions and engineering design information, our Quality Plan incorporates external peer reviews by other technical experts as needed (e.g., to ensure that grading, project limits and plant material quantity are correctly presented). We intend to apply our Quality Plan to all MB&G deliverables provided under this contract. The end result will be on-time delivery of cost-effective, scientifically-accurate, credible technical services with superior client service. PROJECT TEAM & QUALIFICATIONS MB&G is one of the oldest and most successful natural resource consulting firms in the United States. We assist clients with aquatic and terrestrial issues in all phases of project development and delivery, from pre- construction surveys and project planning through design and construction to post-construction site monitoring and reporting. MB&G's Environmental Service Group has a flat organizational structure. Project Managers work directly with project owners, consultants, and subcontractors; and manage field staff and project resources as they deem necessary. The MB&G staff listed below have direct, relevant experience and will maintain complete accountability in terms of schedule, budget, and other critical development milestones. While all of these staff are based in our Portland office, each has experience with the specific natural resource features and geography of Southern Oregon and the Ashland area specifically. MB&G has the staff and resources to meet the demands of multiple projects and tight deadlines. We have a large staff of experts that are used to responding to projects quickly and efficiently. Our clients know that they can count on MB&G to deliver. Our Project Managers for the City's on-call contract will draw on the skills of our support services staff to reliably meet schedules for on-call services. Full team resumes are in the Appendix. Mike Bonoff • Level5 Scientist/ Environmental Services Group Director Mike will serve as Contract Administrator and primary point of contract for the City. He is an aquatic scientist specializing in surface water impact assessment and mitigation. Mike has designed and implemented basin-wide studies to assess and mitigate impacts to water quality and fisheries resulting from hydroelectric project operations, storm water/urbanization, and timber harvest. Mike has worked closely with federal resource agencies, local governments, and utilities in Washington on Clean Water Act (CWA) and Endangered Species Act (ESA) issues. He has managed numerous projects for PacifiCorp over the last 10 years in support of Project Settlement Agreements, including a spawning gravel augmentation program on the Klamath River; decommissioning and removal of Powerdale Dam on the Hood River, reservoir water quality modeling at several facilities, numerous Endangered Species Act consultations, NEPA compliance, and construction monitoring. For the City of Salem Mike is currently managing permitting and environmental compliance forthe Madrona Avenue Road Improvement project. He has published peer-reviewed technical papers on reservoir limnology, watershed/stream enhancement, stream ecology, and field methods for sample collection in lakes, streams, and rivers. Stuart Myers • Level 5 Scientist /Senior Ecologist & Fisheries Biologist/ Associate Stuart's experience focuses on managing natural resource assessment, impact mitigation, and restoration activities, with an overall emphasis on protecting and enhancing biological resources. He has extensive experience overseeing landscape scale environmental program development and implementation, and has MBp.v7G City of Ashland Environmental Services Qualifications Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services proven experience monitoring fisheries populations, aquatic habitat conditions, and watershed health. Stuart has extensive knowledge of federal and state environmental regulations as well as compliance and mitigation requirements for Endangered Species Act (ESA), Clean Water Act (CWA), fish passage, and National Environmental Policy Act (NEPA), as well as local agency environmental regulations. He has successfully worked with a variety of stakeholders to ensure project outcomes meet their expectations while avoiding or minimizing adverse environmental impacts as he guides projects through the environmental due diligence and regulatory process. Stuart is an appointed member of the Oregon Fish Passage Task Force representing the state's fishing and conservation constituency. Wendy Wente, Ph.D. • Level 5 Scientist /Senior Ecologist &Wildlife Biologist/ Associate Wendy is an ecologist with extensive experience meeting the research design and implementation needs of public sector clients. Her field expertise includes wildlife surveys, habitat assessments and field research design. She has experience preparing federal permitting documentation including Biological Assessments (BA) Biological Evaluations (BE), and Environmental Assessments (EA). Prior to joining MB&G, Wendy worked as a post-doctoral researcher with the US Geological Survey, where she conducted research on problems of applied ecology including a study designed to monitor regional amphibian decline on public lands and an experimental study of the effects of cattle grazing on wetland water quality. Daniel Covington, PWS • Level 4 Scientist/ Project Manager/ Wetland & Restoration Specialist Daniel's areas of expertise include wetland science, resource conservation, botanical sciences, and watershed management. Daniel has held positions in the public sector and as a private consultant throughout the western United States, including Montana, Idaho, North Dakota, Oregon, Washington, California, and Arizona. As a biologist, he uses his background to conduct wetland delineations, stream and river assessments, botanical surveys, habitat assessments, and prepare permit documentation for a wide variety of land use activities. In the last 10 years, Daniel's focuses have included transportation and hydroelectric projects, vegetation and habitat compliance for wind energy facilities, river restoration and bank stabilization, and wildlife habitat assessments. Kristen Currens, PWS • Level 4 Scientist/ Wetland Permitting & Mitigation Specialist Kristen is a wetland scientist at MB&G where she leads State, federal, and local permitting/regulatory compliance activities. She performs wetland delineations and buffer assessments, prepares ESA compliance documentation, mitigation plans and permit applications, and conducts wildlife surveys. Kristen has performed surveys for a wide range of sensitive, threatened, and endangered plant species, as well as noxious weeds and their habitats Kristen has conducted annual vegetation and hydrology monitoring for compliance with issued permits, prepared associated monitoring reports, and conducted rare and endangered bird surveys. Kristen has permitted projects throughout Oregon and southern Washington and has prepared Wetland and Waters Delineation Reports, Wetland Rating System Assessments, Joint Permit Applications, State Environmental Protection Act documentation, Critical Areas Assessments, Hydraulic Project Approvals, In-Water Work Protection Plans, Stormwater Pollution Prevention Plans, and Mitigation Bank Use Plans. Alexis Casey • Level 3 Scientist/ Biologist & Botanist Alexis has managed the environmental analysis components of both hydroelectric and transportation projects. Her background includes conducting rare and invasive plant and wildlife surveys; assessing impacts of development activities on wildlife, fish, and plant species; and wetland, fisheries, and habitat mapping. Alexis has managed several projects in support of Lewis River Hydroelectric Project FERC License implementation, including a study of dispersed campsites throughout the project area and several permitting projects requiring site restoration/mitigation plans and the full range of federal, State, and local permitting. MP,P,,,/G City of Ashland Environmental Services Qualifications e x ~ Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services Kate Parker • Level 3 Scientist/ Public Involvement & Environmental Planner Kate is a planner who specializes in environmental regulatory compliance and public involvement. She has experience with complex multi-jurisdictional projects and has prepared local, state, and federal permit applications for a variety of recreation, transportation, and utility projects. Kate is also passionate about using public participation best practices to address complex issues and facilitate decision making. She has developed award-winning communication plans, designed informational publications, and facilitated public meetings for diverse audiences. Kate has successfully provided public involvement services to support the National Environmental Policy Act (NEPA) process and to meet federal policies on environmental justice. In addition, Kate has experience working with municipalities to engage communities in the development of their parks, natural hazard mitigation, and transportation system plans. Jenny McKay • Level 2 Scientist/ Environmental Project Manager & GIS Analyst Jenny has experience performing wetland/waters delineations, wildlife habitat assessments and species-specific surveys. Her field experience includes wildlife surveys, habitat assessments and field research design. Prior to joining MB&G, Jenny worked as a project manager for a local LiDAR production company, where she managed large scale projects, developed primary datasets from point cloud data, authored project reports, and analyzed accuracy statistics. Her research at Portland State University focused on the behavioral modification of songbirds in city parks. Jesse Roper, CESCL • Level 1 Scientist/ Biologist & Environmental Inspector Jesse has conducted high elevation wildlife research and most recently anchored MB&G's field team on several construction monitoring projects for PacifiCorp in support of the Lewis River Hydroelectric Project Settlement Agreement. Prior to joining MB&G, Jesse collected and organizing biometrics of hatchery and wild steelhead in Columbia River fisheries; and conducted surveys for wildlife in remote wilderness areas throughout the Western United States. Jesse is skilled in GIS and GPS software such as ArcGIS suite, IDRISI, QDIS, Pathfinder Office, Terra Sync, Fusion LiDAR, R, and VIM Text Editor. N4PovG City of Ashland Environmental Services Qualifications Mason, Bruce & Girard, Inc. www.MasonBruce.com Environmental Services CURRENT MB&G LABOR RATES - EFFECTIVE THROUGH 2017 MB&G Hourly Labor Rates* City of Ashland, Oregon Classification Minimum Rate 2016 Maximum Rate 2016 Level 5 Scientist $145 $185 Level 4 Scientist $115 $145 Level 3 Scientist $100 $115 Level 2 Scientist $85 $100 Level 1 Scientist $70 $85 GIS Analyst 5 $145 $185 GIS Analyst 4 $120 $145 GIS Analyst 3 $95 $120 GIS Analyst 2 $80 $95 GIS Analyst 1 $65 $80 Clerical 2 $60 $80 Clerical 1 $45 $65 *These data constitute a trade secret and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192. City of Ashland M%~C'j Environmental Services Qualifications ® DATE (MM/DD/YYYY) A~~ o CERTIFICATE OF LIABILITY INSURANCE 11/18/2016 F 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Brown & Brown Northwest NAME: Leigh Penley 2701 NW Vaughn St, Ste. 340 A/C. N Ext : 360-353-9309 A/c No : 503-914-5471 Portland, OR 97210 E-MAIL ADDRESS: I enle bbnw.com INSURER(S) AFFORDING COVERAGE NAIC # www.bbnw.com INSURER A : Security National Insurance Company 19879 INSURED INSURER B : Hartford Casualty Insurance Company 29424 Mason Bruce & Girard, Inc. 707 SW Washington, Suite 1300 INSURERC: SAIF 36196 Portland OR 97205 INSURER D : Travelers Casualty and Surety Co America 31194 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 32917259 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. INSR ADDL SUBR ! POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A ✓ COMMERCIAL GENERAL LIABILITY ✓ SPP1112286 1/1/2016 1/1/2017 EACH OCCURRENCE $ 1,000,000 RENTED DAMAGE CLAIMS-MADE OCCUR PREM SES~ a occurrence) $ 300,000 ✓ Loggers Broad Form PD MED EXP (Any one person) $ 5,000 ✓ WA Employers Liability PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY FV-1 PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: WA Employers Liability $ 1,000,000 A AUTOMOBILE LIABILITY ✓ SPP1112286 1/1/2016 1/1/2017 EOaaBIEDtSINGLELIMIT $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS - HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY IV AUTOS ONLY Per accident A ✓ UMBRELLA LIAB OCCUR SMB1112915 1/1/2016 1/1/2017 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED ✓ RETENTION $10,000 $ C WORKERS COMPENSATION 487388 (Oregon only) 1/1/2016 1/1/2017 SPER TATUTE OTH B AND EMPLOYERS'LIABILITY Y/N 52WECLT1459 1/1/2016 1/1/2017 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory in NH) If yes, describe under 500,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ D Professional Liability 106620746 11/1/2016 11/1/2017 $2,000,000 Each Claim & Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Operations of Named Insured General Liability Policy includes Additional Insured - Owners, Lessees, Contractors Or Others - Completed Operations - Automatic, Including Primary Non-Contributory Endorsement #CL CG 2048. Business Auto Coverage Expansion Endorsement #CA990187 includes Additional Insured Coverage when required by written contract or agreement. Umbrella is excess of GL, Auto & Employer Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland, Oregon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Its elected officials, officers and employees ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE Craig Payne ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 32917259 1 16/17 GL Auto XS WC Prof I Leigh Penley 11/18/2016 12:36:37 PM (PDT) I Page 1 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured to your policy, but only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; for that additional insured and included in the "products-completed operations hazard". B. LIMITS OF INSURANCE Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. C. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your products-completed operations. D. PRIMARY NON-CONTRIBUTORY When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY will be on a primary basis CL CG 20 48 01 12 Includes Copyrighted material of Insurance Services Page 1 of 1 Office, Inc with its permission 32917259 i 16/17 GL Auto XS WC Prof I Leigh Penley 1 11/18/2016 12:36:37 PM (PDT) I Page 2 of 6 POLICY NUMBER: SPP1112286 COMMERCIAL AUTO CA990187 10 13 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed under a contract or agreement in that Organizations, Employee Hired Car employees name, with your Liability and Blanket Additional Named permission, while performing duties Insured Status for Certain Entities. related to the conduct of your business. Item 1. Who is an Insured of Paragraph A. f. Any person or organization you are Coverage under SECTION II - COVERED required by written contract or AUTOS LIABILITY COVERAGE is agreement to name as an additional amended to add: "insured, but only with respects to liability created in whole or in part by d. Any organization you newly acquire or such agreement. form, other than a partnership, joint venture or limited liability company, and B. Increase Of Loss Earnings Payment over which you maintain ownership of a Subpart (4) of a. Supplementary Payments majority interest (greater than 50%), will of Item 2. Coverage Extensions of qualify as a Named Insured; however, Paragraph A. Coverage under SECTION II (1) coverage under this provision is - COVERED AUTOS LIABILITY afforded only until the 180th day COVERAGE is amended to read: after you acquire or form the (4) We will pay reasonable expenses organization or the end of the policy incurred by the "insured" at our period, whichever is earlier; request, including actual loss of (2) coverage does not apply to "bodily earnings up to $1,000 per day injury", "property damage" or because of time off from work. "covered pollution cost or expense" C. Fellow Employee Injured By Covered that results from an "accident" which Auto You Own Or Hire occurred before you acquired or Item 5. Fellow Employee of Paragraph B. formed the organization; and Exclusions under SECTION II - COVERED (3) coverage does not apply if there is AUTOS LIABILITY COVERAGE is other similar insurance available to amended to add: that organization, or if similar This exclusion does not apply if the "bodily insurance would have been injury" results from the use of a covered available but for its termination or "auto" you own or hire. Such coverage as the exhaustion of its limits of is afforded by this provision is excess over insurance. any other collectible insurance. This insurance does not apply if D. Limited Automatic Towing Coverage coverage for the newly acquired or is excluded either Item 2. Towing, of Paragraph A. Coverage, formed organization under SECTION III by the provisions of this coverage form -PHYSICAL DAMAGE COVERAGE is amended to read: or by endorsement. e. An "employee" of yours is an "insured" 2. Towing while operating an "auto" hired or rented Page 1 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA990187 10 13 Used with permission 32917259 16/17 GL Auto XS WC Prof Leigh Penley 111/18/2016 12:36:37 PM (PDT) I Page 3 of 6 We will pay for towing and labor costs We will pay actual cash value for "loss" to each time that a covered "auto" is "personal effects" of the "insured" while in disabled. All labor must be performed at a covered "auto" subject to a maximum the place of disablement of the covered limit of $2,500 per "loss", for that covered "auto". "auto„ caused by the same "accident". No a. The limit for "autos" other than deductible will apply to this coverage. private passenger types is $250; H. "Downtime Loss" and Rental b. The limit for "autos" of the private Reimbursement Coverage passenger type is as shown in the Item 4. Coverage Extensions, of Declarations; Paragraph A. Coverage, under SECTION C. No deductible applies to this cover- III. PHYSICAL DAMAGE COVERAGE, is amended to add: age. E. Item 3. Glass Breakage - Hitting A Bird "Downtime Loss" and Rental Or Animal - Falling Objects or Missiles of Reimbursement Coverage Paragraph A. Coverage under SECTION III We will pay any resulting "downtime loss" - PHYSICAL DAMAGE COVERAGE, is and rental reimbursement expenses you amended to add: sustain as a result of a covered physical Glass Repair Coverage damage "loss" to a covered "auto" up to a combined maximum of $100 per day, for a We will waive the Comprehensive maximum of 30 days for the same deductible for Glass, if one is indicated on physical damage "loss", subject to the your covered "auto", for glass repairs. We following conditions: will repair at no cost to you, any glass that a. We will provide "downtime loss" and can be repaired without replacement, provided the "loss" arises from a covered rental reimbursement beginning on Comprehensive "loss" to your "auto". the 6t" day after: F. Increase Of Transportation Expense (1) We have given you our Coverage agreement to pay for repairs to a covered "auto" and you have Subpart a. Transportation Expenses of given the repair facility your Item 4. Coverage Extensions of Paragraph authorization to make repairs; or A. Coverage under SECTION I11- PHYSICAL DAMAGE COVERAGE is (2) Coverage for "downtime loss" amended to read: and rental reimbursement expenses will end when any of a. Transportation Expenses the following occur: We will pay up to $50 per day to a (a) You have a spare or maximum of $1,000 for temporary reserve "auto" available to transportation expense incurred by you you to continue our because of the total theft of a covered operations. "auto" of the private passenger type. We will pay only for those covered (b) You purchase a "autos" for which you carry either replacement "auto". Comprehensive or Specified Causes of (c) Repairs to your covered Loss Coverage or Theft Coverage. We "auto" have been completed will pay for temporary transportation by the repair facility and expenses incurred during the period they determine the covered beginning 48 hours after the theft and "auto" is road-worthy. ending, regardless of the policy's (d) You reach the 30 day expiration, when the covered "auto" is maximum coverage. returned to use or we pay for its "loss". 1. "Personal Effects" Exclusion G. "Personal Effects" Coverage Paragraph B. Exclusions under SECTION Item 4. Coverage Extensions of Paragraph III - PHYSICAL DAMAGE COVERAGE, is A. Coverage, under SECTION III - amended to add: PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Exclusion "Personal Effects" Coverage We will not pay for "loss" to "personal effects" of any of the following: Page 2 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA990187 10 13 Used with permission 32917259 16/17 GL Auto XS WC Prof Leigh Penley 1 11/18/2016 12:36:37 PM (PDT) Page 4 of 6 a. Accounts, bills, currency, deeds, (4) Security deposits not refunded evidence of debt, money, notes, by the lessor; and securities or commercial paper or (5) Carry-over balances from other documents of value. previous loans or leases b. Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry; watches; precious L. Aggregate Deductible or semi-precious stones. Paragraph D. Deductible under SECTION c. Paintings, statuary and other works of III - PHYSICAL DAMAGE COVERAGE is art. amended to add: d. Contraband or property in the course Regardless of the number of covered of illegal transportation or trade. "autos" involved in the same "loss", only one deductible will apply to that "loss". If e. "Loss" caused by theft, unless there is the deductible amounts vary by "autos", evidence of forced entry into the then only the highest applicable deductible covered "auto" and a police report is will apply to that "loss". filed. M. Diminishing Deductible J. Accidental Airbag Discharge Coverage Paragraph D. Deductible under SECTION Item 3.a. of Paragraph B. Exclusions under III - PHYSICAL DAMAGE COVERAGE is SECTION III - PHYSICAL DAMAGE amended to add: COVERAGE is amended to read: Any deductible will be reduced by the a. Wear and tear, freezing, mechanical percentage indicated below on the first or electrical breakdown. The "loss" reported during the corresponding exclusion relating to mechanical policy period: break-down does not apply to the accidental discharge of an air bag. Loss Free Policy Periods Deductible K. Loan or Lease Gap Coverage With the Expansion Reduction on the Endorsement first "loss" Paragraph C. Limit Of Insurance under ~ o~% o SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: 2 25% If a covered "auto" is owned or leased and 3 50% if we provide Physical Damage Coverage 4 75% on it, we will pay, in the event of a covered 5 100% total "loss", any unpaid amount due on the If we pay a Physical Damage "loss" during lease or loan for a covered "auto", less: the policy period under any BUSINESS a. The amount paid under the Physical AUTO COVERAGE FORM you have with Damage Coverage Section of the us, your deductible stated in the policy; and Declaration's page of each such b. Any: COVERAGE FORM will not be reduced on (1) Overdue lease or loan any subsequent claims during the remainder of your policy period and your deductible payments including penalties, reduction will revert back to 0% for each interest or other charges such COVERAGE FORM if coverage is resulting from overdue renewed. payments at the time of the N. Knowledge of Loss and Notice To Us "loss", (2) Financial penalties imposed Subsection a. of Item 2. Duties In the Event under a lease for excessive use, of Accident, Claim, Suit or Loss of abnormal wear and tear or high Paragraph A. Loss Conditions under SECTION IV BUSINESS AUTO mileage; CONDITIONS is amended to add: (3) Costs for extended warranties, However, prompt notice of the "accident", Credit Life Insurance, Health, claim, "suit" or "loss" to us or our Accident or Disability Insurance authorized representative only applies purchased with the loan or after the "accident", claim, "suit" or "loss" is lease; known to: Page 3 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA99018710 13 Used with permission 32917259 16/17 GL Auto XS WC Prof Leigh Penley 11/18/2016 12:36:37 PM (PDT) Pag,: 5 of 6 (1) You, if you are an individual; permission, while performing (2) A partner, if you are a partner-ship; duties related to the conduct of your business. (3) An "executive officer" or director, if you are a corporation; However, any "auto" that is leased, hired, rented or borrowed with a driver is not a (4) A manager or member, if you are a covered "auto". limited liability company; R. Unintentional Failure To Disclose (5) Your insurance manager; or Hazards (6) Your legal representative. Paragraph B. General Conditions under 0. Waiver Of Subrogation For Auto Liability SECTION IV - BUSINESS AUTO CONDI- Losses Assumed Under Insured Contract TIONS is amended to add: Item 5. Transfer Of Rights Of Recovery 9. Your failure to disclose all hazards Against Others To Us of Paragraph A. existing as of the inception date of this Loss Conditions under SECTION IV - policy shall not prejudice the coverage BUSINESS AUTO CONDITIONS is afforded by this policy, provided that amended to read: such failure to disclose all hazards is not 5. Transfer of Rights of Recovery intentional. However, you must report Against Others To Us such previously undisclosed hazards to us as soon as practicable after its If any person or organization to or for discovery. whom we make payments under this Coverage From has rights to recover S. Additional Definition damages from another, those right are SECTION V - DEFINITIONS is amended to transferred to us. That person or add: organization must do everything "Tractor" means a truck with a gross necessary to secure our rights and must vehicle weight in excess of 45,000 do nothing after an "accident" or "loss" pounds. to impair them. However, if the insured has waived those rights to recover "Personal effects" means personal through a written contract, we will waive property owned by the "insured". any right to recovery we may have "Downtime loss" means actual loss of under this Coverage Form. "business income" for the period of time P. Insurance is Primary and that a covered "auto": Noncontributory 1. Is out of service for repair or Subpart a. of Item 5. Other Insurance of replacement as a result of a covered Paragraph B. General Conditions under physical damage "loss" and SECTION IV - BUSINESS AUTO 2. Is in the custody of a repair facility if CONDITIONS is amended to read: not a total "loss". a. This insurance is primary and noncontributory, as respects any other "Business Income" means: insurance. 1. Net income (Net profit of loss before Q. Other Insurance - Hired Auto Physical income taxes that would have been Damage earned or incurred; and Subpart b. of Item 5..Other Insurance of 2. Continuing normal operating Paragraph B. General Conditions under expenses incurred, including payroll. SECTION IV - BUSINESS AUTO CONDITIONS is amended to read: In this endorsement, Headings and Titles b. For Hired Auto Physical Damage are inserted solely for the convenience and Coverage, the following are deemed ease of reference. They do not affect the to be covered "autos" you own: coverage provided by this endorsement, nor do they constitute any part of the terms (1) Any covered "auto" you lease, and conditions of this endorsement. All hire, rent or borrow; and other policy wording not specifically (2) Any covered "auto" hired or rented changed, modified, or replaced by this by your "employee" under a endorsement wording remains in effect. contact in that individual "employee's" name, with your Page 4 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA990187 10 13 Used with permission 32917259 16/17 GL Auto XS WC Prof Leigh Penley 111/18/2016 12:36:37 PM (PDT) Page: 6 of 6 ♦ t Purchase Order Fiscal Year 2017 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL INVOICES, AND SHIPPING DOCUMENTS. B City of Ashland L ATTN: Accounts Payable Purchase L 20 E. Main Order # Ashland, OR 97520 474 T Phone: 541/552-2010 O Email: payable _ ashiand.or.us V MASON, BRUCE & GIRARD, INC H C/O Engineering Division E 707 SW WASHINGTON 1 51 Winburn Way N SUITE 1300 p Ashland, OR 97520 D PORTLAND, OR 97205 Phone: 541/488-5347 O T Fax: 541/488-6006 R O Vendor Phone Number Vendor Fax Number Requisition Number -Delivery Reference Ciara Marshall Date Ordered Vendor Number Date Required Freight Method/Terms Department/Location 12/20/2016 2756 City Accounts Payable Item# Descri tion/PartNo QTY UOM Unit Price Extended Price Environmental Consulting 1 On call environmental consulting services pertaining to in-water 1 $34,900.0000 $34,900.00 work regulations. Contract for Personal Services less than $35,000.00 Beginning date: 1 2016- Completion date: 06/30/2017 ~e GL SUMMARY 081200 - 604100 $34,900.00 mate: r 4r; Authorized ignature PO Total $34,900.00 F®R #3 CITY OF ~ ASHLAND REQUISITION ~ .1 . Date of request: 11/23/16 Fa Required date for delivery: 12/02/16 { Vendor Name Mason, Bruce & Girard, INC Address, City, State, Zip 707 S.W. Washington Street Suite 1300 Portland, Oregon 97205 Contact Name & Telephone Number Mike Bonoff 503-224-3445 Fax Number mbonoff@masonbruce.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ EmergencX ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach cop of council communication -(If council approval required, attach cop of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ® Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost On call environmental consulting services pertaining to in-water work regulations. $34,900 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost XXX xxx XXX TOTAL COST ® Per attached quote/proposal Project Number Account Number 260-08-12-00604100 Account Number Account Number *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases iT Director Date Support-Yes / No By signing this requisition form, I certify that the City's public ontracting requirements have been satisfied. % ff~~ Employee: C~.~~=- Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: r1_ (Equal to or greater than $25,000) m - , 3 y e Funds appropriated for current fiscal year: YH ND,, Finance,-Dlrect t'- (Equal to or greater than $5,000) Dade Comments: Form #3 - Requisition CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: John Karns, Public Contracting Officer From: Michael R. Faught, Public Works Director Date: December 12, 2016 Re: DETERMINATIONS TO PROCURE PERSONAL, SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Backl4round Purpose of On-Call Service Contract It is the intent of the Public Works Department to hire Mason, Bruce & Girard (MB&G) to provide on-call environmental consulting services for jurisdictional waterways impacted by City operations and maintenance activities. The City anticipates the need to perform a variety of in-water work activities within the current and upcoming budget cycle to maintain elements of the stormwater conveyance system and the drinking water system. While such activities will occur months or years in the future, scoping and permitting must begin now. Foreseeable activities, listed by priority, include (a) removal of accumulated sediment from three in-stream sediment traps; (b) restoration of a segment of Ashland Creek's channel to its engineered design at the Winburn Way crossing; and (c) removal of accumulated sediment at the top or Reeder Reservoir. Because these project will occur within jurisdictional waters, the City will be required to obtain relevant permits. The City desires to partner with MB&G for front-end compliance planning and regulatory support for these projects and potentially other environmentally sensitive projects as the need arises and as funds are available. Project Cost and Duration The total cost of the contract with MB&G is $34,900. The proposed timeline on the contract begins immediately and continues through June 30th 2017 (end of the budget cycle). Utilization Plan The City will utilize Consultant's services on an as-needed basis while project funds are available. When the City identifies a need for environmental consulting, the City may issue a request MB&G to attend a scoping site visit or conference call. The Consultant will then provide the City with a scope of work and a cost estimate for review. If the proposal satisfactorily addresses the City's needs, the City will provide notification to proceed. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 2, 12/1212016 6 1 Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? Need for On-Call Professional Service Contract The City anticipates a need for a wide variety of consulting services related in work in jurisdictional waters. However, Public Works staff possess a limited range of environmental compliance expertise, and a limited amount of time that can be applied toward front-end environmental compliance planning. The City therefor finds it necessary to commission a consultant with a robust range of environmental compliance skills to ensure the timely completion of projects critical to maintaining the functionality of City infrastructure. Form #4 - Department Head Determinations to Procure Personal Services, Page 2 of 2, 12/12/2016