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HomeMy WebLinkAbout2019-224 20200086 Northwest Biological Consulting PERSONAL SERVICES AGREEMENT ($25,000.00 or less) CONSULTANT: Northwest Biological Consulting CITY OF Co 5-0 &Wdd7"( e ASH LAN D ADDRESS: 324T 20 East Main Street Ashland, OR 97520 Ashland,Oregon 97520 Telephone: 541/488-5587 TELEPHONE: 541-488-1061 Fax: 541/552-6006 EMAIL: nwbiolog @gmail.com This Personal Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City")and Northwest Biological Consulting,a assumed business name("hereinafter"Consultant"), for Fish recovery in support of sediment maintenance at East and West Fork Impoundments. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"),and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's fmal payment therefore,but not later than October 30, 2019. 2. Scope of Work: Consultant will provide Fish recovery in support of sediment maintenance at East and West Fork Impoundments as more fully set forth in the Consultant's Proposal dated June 25,2019, which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to herein as the"Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described above and,unless otherwise specified in this Agreement, furnish all labor, equipment,and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement 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. Page 1 of 5: Personal Services Agreement with Northwest Biological Consulting 6. Compensation: City shall pay Consultant the sum of$8,500.00 (eighty-five hundred dollars) as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of $8,500.00 (eighty-five hundred dollars)without the express,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty(30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work,work product, or other documents produced in furtherance of this Agreement belong to the City, and any copyright,patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, 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 Agreement by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,judgments, or other damages, caused solely by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty(30) days' prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement, 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 5: Personal Services Agreement with Northwest Biological Consulting iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied,revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement 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 Agreement. City,by written notice to Consultant of default or breach,may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within 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 Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. 13. Assignment: Consultant shall not assign this Agreement 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. 14. 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 under the 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 Agreement; or attempts to assign rights in, or delegate duties under, this Agreement. 15. Insurance. Consultant shall, at its own expense, maintain the following insurance: a. Workers' Compensation. Consultant shall obtain and maintain Workers' Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon Workers' Compensation coverage for its subject workers,unless such employers are exempt under ORS 656.126. If exempt under ORS 656.126, Consultant shall certify such exemption to the City. b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury, Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage,including coverage for owned,hired or non-owned vehicles, as applicable. Page 3 of 5: Personal Services Agreement with Northwest Biological Consulting 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 thirty(30) days' prior 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 Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates and endorsements prior to commencing the Work under this Agreement. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,religion, creed, sex, marital status, familial status or domestic partnership,national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise, minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue. Page 4 of 5: Personal Services Agreement with Northwest Biological Consulting 19. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 20. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS,EITHER ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 21. Certification. Consultant shall execute the certification attached hereto as"Exhibit C" and incorporated herein by this reference. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: NORTHWEST BIOLGICAL CONSULTING(CONSULTANT): By: 71-44-74-- — By: jiLtk4_ Signature Signature •� Printed Name Printed N e flkil dpOnP Title Title 7 t,7 coo- o C - 20 / 4 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. . Page 5 of 5: Personal Services Agreement with Northwest Biological Consulting • EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating •a ment of a livin• wa•e. $15.12 per hour, effective June 30, 2018. The Living Wage is adjusted annually every /MTh June 30 by the Consumer Price Index. Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer, if the employer has cafeteria plans(including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of Note: For temporary and employer and the City of $21,127.46. part-time employees, the Ashland if the contract Living Wage does not apply exceeds $21,127.46 or more. If their employer is the City of to the first 1040 hours worked Ashland, including the Parks in any calendar year. For For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value 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 Page 1 of I EXHIBIT B EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative,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) Consultant 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. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b)the Agreement,when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards, and (d) Consultant is qualified,professionally competent, and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private 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. L_(3) Telephone listing is used for the business separate from the personal residence listing. L-[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) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission (professional liability) insurance or liability insurance relating to the Work or services to be provided. • Consultant's signature Date Page 1 of 1 EXHIBIT C From: Scott English To: Kavlea Kathol Subject: Re:Scope of Work-fish recovery at E&W Forks Date: Tuesday,June 25,2019 7:14:08 PM Hi Kaylea, Computer back on line so I can provide you a short proposal; PROPOSAL TO DO FISH RESCUE ON EAST AND WEST FORKS OF ASHLAND CREEK ACCORDING TO THE FOLLOWING STEPS: 1. MEET WITH CONTRACTOR AND CITY PRIOR TO WORK 2. REVIEW PERMIT REQUIREMENTS AND FOLLOW PERMIT GUIDELINES 3. BLOCK NET AND ISOLATE THE AREAS 4. FOLLOW ODFW FISH RESCUE PROTOCOLS FOR USING ELECTRO-SHOCKER AND FISH HANDLING AND RELOCATION 5. RECORD ALL RESCUED FISH AND OTHER AQUATIC ORGANISMS IN TERMS OF SPECIES,NUMBERS,AND LENGTH. 6. PROVIDE CITY WITH COPIES OF FISH RESCUE LOGS 7. WORK WITH CONTRACTOR TO INSURE BEST RESCUE CONDITIONS AND LOWEST TURBIDITY LEVELS 8. WE ANTICIPATE A 3 PERSON EXPERIENCED CREW FOR THE WORK 9. WE ANTICIPATE TWO DAYS TO COMPLETE THE WORK 10. WE HAVE COMPLETED TWO PREVIOUS FISH RESCUE PROJECTS ON THE EAST AND WEST FORKS OF ASHLAND CREEK THE NORTHWEST BIOLOGICAL BID FOR THIS WORK IS $5,280 FOR DOING THE WORK IN TWO BACK TO BACK WORK DAYS. IF THE WORK IS STAGED AS TWO SEPARATE SAMPLING DAYS MORE THAN TWO DAYS APART THE BID IS $7,200 IF THE FISH RESCUE CREW IS DELAYED BY THE CONTRACTOR THERE WILL BE A STANDBY HOURLY RATE OF $250. I WILL DROP YOUR OFFICE TOMORROW AND GIVE YOU A SIGNED COPY OF THIS PROPOSAL. SINCERELY SCOTT ENGLISH, PRINCIPAL.NORTHWEST BIOLOGICAL CONSULTING JUNE 25, 2019 On Fri,Jun 21, 2019 at 2:08 PM Kaylea Kathol <kav lea.kathol @ashland.or.us>wrote: Hi Scott, Thanks for the call. Attached is the scope of work for the above-referenced project. Thanks, Kaylea Kathol, Project Manager City of Ashland - Public Works/Engineering 51 Winburn Way, Ashland OR 97520 C: (541) 331-1144 I 0: (541) 552-2419 NOTICE: This email transmission is official business of the City of Ashland, and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2419. Thank you. Scott English, Senior Restoration Biologist Northwest Biological Consulting 324 Terrace Street Ashland, Oregon 97520 Ph. (541) 488-1061 - • Business Registry Business Name Search New Search Business Entity Data 07-111 X99 Entity Entity Registry Next Renewal Registry Nbr Jurisdiction Renewal Type Status Date Date Due? 355408-89 ABN INA 07-19-1993 Entity Name,NORTHWEST BIOLOGICAL CONSULTING Foreign Name Affidavit? N New Search Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Addr 1 324 TERRACE Addr 2 CSZ ',ASHLAND IOR 197520 1 ICountrylUNITED STATES OF AMERICA The Authorized Representative address is the mailing address for this business. Type REP AUTHORIZED 07-19- Start Date Resign Date REPRESENTATIVE 1993 Name SCOTT 1M ENGLISH 1 Addr 1 324 TERRACE Addr 2 CSZ ASHLAND IOR 197520 1 ICountryIUNITED STATES OF AMERICA Type REGIREGISTRANT Name SCOTT 1 (ENGLISH I Addr 1 324 TERRACE Addr 2 CSZ ASHLAND IOR 197520 I ICountrylUNITED STATES OF AMERICA New Search Name History Business Entity Name Name Name Start End Date Type Status Date NORTHWEST BIOLOGICAL CONSULTING EN CUR 07-19-1993 Please read before ordering Copies. New Search Summary History Image Transaction Effective Name/Agent Available Action Date Date Status Change Dissolved By FAILURE TO 07-20-2017 SYS RENEW RENEWAL 07-07-2015 SYS PAYMENT REACTIVATION 10-15-2013 FI FAILURE TO 07-20-2013 SYS RENEW RENEWAL 07-06-2011 SYS PAYMENT RENEWAL 06-30-2009 SYS PAYMENT RENEWAL 06-28-2007 SYS PAYMENT RENEWAL 07-11-2005 SYS PAYMENT RENEWAL 06-17-2003 SYS PAYMENT RENEWAL 06-26-2001 SYS PAYMENT STRAIGHT 06-30-1999 FI RENEWAL STRAIGHT 06-23-1997 FI RENEWAL AMENDED 06-29-1995 FI RENEWAL NEW FILING 07-19-1993 FI New Search (Counties Counties Filed Jackson Counties Not Filed (but not necessarily available) Baker, Benton, Clackamas, Clatsop, Columbia, Coos, Crook, Curry, Deschutes, Douglas, Gilliam, Grant, Harney, Hood River, Jefferson, Josephine, Klamath, Lake, Lane, Lincoln, Linn, Malheur, Marion, Morrow, Multnomah, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, Washington, Wheeler, Yamhill © 2019 Oregon Secretary of State. All Rights Reserved. CITY OF ASHLAND July 10, 2019 Scott English Northwest Biological Consulting 324 Terrace St Ashland, OR 97520 RE: NOTICE OF INTENT TO AWARD A CONTRACT FOR FISH RELOCATION SERVICES,EAST AND WEST FORK ASHLAND CREEK IMPOUNDMENTS SEDIMENT MAINTENANCE DREDGING,PROJECT No.2018-17 Dear Mr.English, On July 10, 2010 the City of Ashland received two responsive proposals for provision of personal services for the above-referenced project. The results of the proposals are shown in the enclosed bid summary. It is the City's intent to award a contract to the apparent low proposer,Northwest Biological Consultants. Thank you for your diligence and efforts in preparing and submitting your proposal on behalf of the City of Ashland. If you have questions regarding proposals received or the selection process,please feel free to contact me at 541-552-2419 or kaylea.kathol @ashland.or.us. Sincerely, Kaylea Kathol Public Works Project Manager City of Ashland Enclosure CC: Tami Campos Ciara Marshall Public Works/Engineering Tel:541/488-5347 �., 20 E.Main Street Fax:541-/488-6006 Ashland,Oregon 97520 TTY:800/735-2900 www.ashland.or.us CITY OF ASHLAND - ENGINEERING DIVISION SUMMARY OF PROPOSALS Project: E&W Fork Maintenance Dredging, Fish Recovery Project No.: 2018-17 Closing Date: July 10 at 2:00 PM Corrected Engineer's Estimate: N/A No of Addenda: N/A 1 2 3 Name of Bidder& Northwest Biological Camas Environmental& Address Consulting Regulatory Professionals Sum of Base $5,200 $8810 Proposal (1 mobilization) Sum of Alternate $7,200 $12,855 Proposal (2 mobilizations) Sum of Standby $250 per hour $2420 per day(2 person crew) Rates $1580 per day(additional technician) G:\pub-wrks\eng\2018 Project Year\2018-17 East and West Fork Dredging\0I.Admin\Fish Salvage Solicitation\PROPOSAL RESULTS AND AWARD\Proposal Summary_Fish Recovery_Proj 2018-17.docx CITY OF FORM #2 ASHLAND REQUEST FOR PROPOSAL—PERSONAL SERVICES INTERMEDIATE PROCUREMENT Release date:6/19/19 Requested by(name/dept/telephone/fax/email):Kaylea Kathol,Public Works,541-552-2419,kaylea.kathol @ashland.or.us Proposals are due by(time/day/date):July 10,2019 at 2:00 PM Project Name:Fish Recover for East&West Fork Ashland Creek Impoundments Maintenance Dredging(Proj.2017-18) Project completion required by(date): 10/30/2019 Preferred method of shipment for materials/equipment(if applicable): FOB Ashland—Freight Prepaid Proposals may be faxed,emailed or hand delivered.Proposers shall submit their proposal on their company letterhead. Informal email proposals and/or late proposals will not be accepted.Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of proposals. The successful proposer will be required to enter into a contract with the City for the services and provide insurance certificates,in their own name,for General Liability,Professional Liability,Automobile,and Workers' Compensation. Subcontracting will not be permitted. SCOPE OF SERVICES Please note: Proposals are required to include relevant information that will appropriately satisfy the scope of services and adequately satisfy the selection criteria,that is applicable for the scope of services,listed below under Method of Award. GENERAL The City of Ashland(City)is seeking fish relocation services from qualified biological consultants. Fish relocation shall be performed prior to dewatering two small impoundments in the Ashland Creek watershed(each less than 0.40 acres at full pool). Fish recovery work will support routine sediment maintenance activities in the impoundments, and is required by in-water work authorizations, including the Removal-Fill Permit(DSL)and the§404 Nation Wide Permit(USACE). Maps from the joint permit application provide additional information(Attachment A). PROJECT NARRATIVE The City periodically performs sediment maintenance activities in two small impoundments of the East and West Fork of Ashland Creek. The effort involves dewatering/bypassing a single impoundment, relocating stranded fish and other aquatic organisms to an upstream location,excavating sediment from that impoundment,then removing all dewatering/bypass materials. Due to site constraints,dewatering infrastructure cannot be constructed in the second impoundment until work has been completed in the first impoundment. SCOPE OF WORK Consultant shall perform the following tasks 1. Participate in one planning meeting with City(can be on-site or by phone) 2. Attend one pre-construction meeting with City, Contractor 3. Install block net upstream of the worksite prior to dewatering efforts At the consultant's discretion, block nets may be installed one site at a time, consistent with the dewatering schedule, or may be installed above both sites at the same time. 4. Rescue stranded fish from the first impoundment once dewatering activities allow for safe and Form#2—Intermediate Procurement,Request for Proposal,Personal Services,Page 1 of 3,6/19/2019 .r, effective fish collection. Repeat fish rescue from the second impoundment when it is dewatered several days later. Rescued fish shall be relocated upstream of the worksite, above the block net 5. Record any and all data necessary for permit reporting 6. Submit photocopies and/or hardcopies of data sheets over to City EXCLUSIONS Because the City performs sediment maintenance on a routine basis,it has past permit records and data that allow the City to quickly and easily apply for a scientific taking permit. Accordingly,the following tasks normally associated with fish recovery efforts will be performed by the City: 1. Obtain a Scientific Taking Permit from ODFW 2. Perform end-of-project reporting, as required by the Scientific Taking Permit. In addition,the City will perform all other compliance activities associated with in-water work. SCHEDULE A firm schedule is not yet available, as dewatering activities are dependent on inflows from the West Fork Ashland Creek dropping to approximately 2 CFS. It can be expected that this will occur around mid- August 2019. The following schedule was developed assuming dewatering activities will begin on 8/19/19. Item Description Probable Date N__o. 1. Award Contract&Issue PO 7/5/19 2. Planning Meeting with City 6/18/19 3. Pre-Construction Meeting 8/19/19 4. Install block nets 8/19/19 5. _ Perform fish recover from first impoundment 8/21/19 6. Perform fish recover from second impoundment 8/28/19 7. Provide recovery/reporting data to City 10/1/19 8. Contract closure&PO liquidation 11/1/19 CONTRACT Contract Form The consultant selected by the City will be expected to enter into a written agreement substantially the same form as attached to this RFP(Attachment B). The Proposal should indicate acceptance of the City's contract provisions. Suggested reasonable alternatives that do not substantially impair City's rights under the contract may be submitted. Unconditional refusal to accept contract provisions will result in Proposal rejection. Business License Required The selected consultant must have or acquire a current City of Ashland business license prior to conducting any work under the contact. Insurance Requirements Contactor 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 $2,000,000 per occurrence. This is to cover damages caused by any error,omission, or negligent act related to the professional services to be provided under the contract. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 per occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under the contract. d. Automobile Liability insurance with a combined single limit, or the equivalent,of not less than $1,000,000 per occurrence for each accident for bodily injury and property damage, including 2 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 contractor or its insurer(s)to the City. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland,Oregon,and its elected officials,officers and employees as additional insurers on any insurance policies required herein but only with respect to contractor's services to be provided under this contract. As evidence of the insurance coverage required by this contract,the contractor shall furnish acceptable insurance certificates prior to commencing work under this contact. The certificate will specify all of the parties who are additional insures. The consultant's insurance is primary and non-contributory. 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 retention and/or self-insurance. Method of Award: In accordance with AMC 2.50.120(C),personal services selection criteria shall include: 1. Specialized experience in the type of work to be performed; 2. Capacity and capability to perform the work, including any specialized services within the time limitations for the work; 3. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration where applicable; 4. Availability to perform the assignment and familiarity with the area in which the specific work is located including knowledge of designing or techniques peculiar to it, where applicable; 5. Cost of the services;and 6. Any other factors relevant to the particular contract. In accordance with ORS 279B.070 and AMC Section 2.50.120(A), Intermediate Procurement(4)If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. 3 Phone:(541)488-5587 • Ac� DATE(MMIDDfYYYY) CERTIFICATE OF LIABILITY INSURANCE 07/30!2019 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). PRODUCER CONTACT NAME: Katie Higgins Insurance Marketplace,Inc. (Arcc No ExtlL (541)77943177 (FA/AC.No ):(541)772-8235 1998 Sky Park Dr ADDRESS: katie @insmarket.com Medford, OR 97501 INSURER(S)AFFORDING COVERAGE NAIC INSURER A: LM Ins Corp INSURED INSURER B: Scott Miller English DBA: Northwest Biological Consulting INStRC: 650 Ashland St INSURER D: Ashland, OR 97520 INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-497266 REVISION NUMBER: 2 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR ruco wvo POLICY NUMBER (MMrp[1fYYYY) (MMIDOIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ED CLAIMS-MACE OCCUR PREM SES(EaEoccurrence) $ MED ECP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY, JET LOC PRODUCTS-COMP/OP AGG $ OTHER AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED ^ SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DEO RETENTION$ $ A WORKERS COMPENSATION WC5-39S-326038-059 07/10/2019 07/10/2020 X P6t OTH- AND EMPLOYERS UABIUTY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/M EMBER EXCLUDED? I NIA (Mandatory lnNH) EL.DSEASE-EAEMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONSteIen E.L.DISEASE-POLICYUMIT $ 1,000,000 Remarks Schedule,may be attached if more space Is r rir DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional R y p et) ed) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE (KLH) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by KLH on July 30,2019 at 03:13PM � @ DATE(MM/DDNYYY) A C—CPR L CERTIFICATE OF LIABILITY INSURANCE 07/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Insurance Marketplace, Inc IA/C,No,Ext): I(A/C,No): 1998 Skypark Dr ADDRESS #100 INSURER(S)AFFORDING COVERAGE NAIC S Medford OR 97504 INSURER : GuideOne National Insurance Company 14167 INSURED INSURER B: Scott Miller English DBA: Northwest Biological Consulting INSURER C: 650 Ashland St INSURER D: INSURER E: Ashland OR 97520 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. NOTWITHSTANDINGANY 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 TYPE OF INSURANCE AUULSUti POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMlDDNYYY) (MMlDDNYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES 1Eeoccurrence) $ 50,000 MED EXP(Any one person) $ 5,000 A Y Y ENV562000347-01 07/22/2019 07/22/2020 PERSONAL&ADV INJURY $ 1,000,000 _ =N'LAGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 X POLICY n JPERCT n LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB —� CLAIMS-MADE AGGREGATE _ $ DED I I RETENTION$ $ WORKERS COMPENSATION I STATUTE I 1 0TH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE N1,4 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E .DISEASE-EA EMPLOYEE $ If Yes,descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POL ICY LIMIT $ Contractors Pollution Liability $1,000,000/$2,000,000-CPL A Professional Liability Y Y ENV562000347-01 07/22/2019 07/22/2020 $1,000,000/$2,000,000-PL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as Additional Insured per forms CG2010 07/04(CGL),GO2212-4YA 10/17(CPL)&G03204-4YA 10/17(PL). Completed Ops applies per form CG2037 07/04(CGL). Primary&Non-Contributory applies per forms GO0216-4YP 10//17(CGL&CPL).Waiver of Subrogation applies per forms G00218-4YA 10/17(CGL&CPL). "*10 day notice for non-payment of premium** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520`, 1 _ •�t'� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Purchase Order ,NA Fiscal Year 2 CiTY 020 Page: 1 of: 1 RECORDER _ �i°ii-3 l� ,t 1,,l=tan= f�-ie-_ith ieze�,w�1q B City of Ashland _ — _= 1 ATTN: Accounts Payable Purchase Q(� L 20 E.L AshlandalOR 97520 Order# 20200086 T Phone: 541/552-2010 0 Email: payable @ashland.or.us V H C/O Public Works Department E NORTHWEST BIOLOGICAL CONSULTING 1 51 Winburn Way N 650 ASHLAND ST p Ashland, OR 97520 D ASHLAND, OR 97520 Phone: 541/488-5347 R T Fax: 541/488-6006 541 941-2042 Paula Brown 08/13/2019 1014 FOB ASHLAND OR/NET30 Cit Accounts Pa able Fish Recovery 1 Fish recovery in support of sediment maintenance at East and 1 $8,500.0000 $8,500.00 West Fork Impoundments Personal Services Agreement ($25,000.00 or less) Completion date: October 30, 2019 Project Account: E-201817-999 ............... GL SUMMARY............... 081500 - 704200 $8,500.00 I I I By 1, I-6-AL Date: 114.--ftg --IL:--=-7.---7.---- _-_...- Authorized Signature - n $8 500.00 1 -)4-"/C.-/ I - ,,---,.:::- , • FORM #3 (17 CITY OF ASHLAND A request for El Purchase Or+;, �� > � a. - '� REQUISITION Date of request: 07/11/2019 Vendor Name Northwest Biological Consulting Address,City,State,Zip 324 Terrace Street Ashland,OR 97520 Contact Name Scott English Telephone Number 541-488-1061 Email address nwbioloq(a�gmail.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(Attach copy of council communication) (If council approval required,attach copy 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# CI 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 Intergovernmental Agreement ❑ Special Procurement ❑ Agency $5,000 to$75,000 ❑ Form#9,Request for Approval Date original contract approved by Council: ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached 1:11 ae (Dat ) (3)Written proposals/written solicitation Date approved by Council: _(Attach copy of council communication) ❑ Form#4, Personal Services$5K to$75K Valid until:_ (Date) Description of SERVICES Total Cost fish recovery in support of sediment maintenance at East and West Fork Impoundments. $ 8,500.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/proposal $ Project Number 2 0 1 8 17- Account Number 0 8 1 5 0 0.7 0 4 2 0 0 $_,_ _ 8 ,5 0 0 .0 0 Project Number - – _ Account Number - $_,– – –,- - -•– – Project 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 contracting requirements have been satisfied. Employee:&MO flAWAIIZ CR1v Department Head: /WAY-----' II-4-g4,Zo i 3 (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than$25,000) Funds appropriated for current fiscal year: YE / NO (;, , n J I c' (14 Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition