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HomeMy WebLinkAbout2019-331 Agrmt - Rabe Consulting • CITY OF FORM #4 ASHLAND DETERMIINATIONS TO PROCURE PERSONAL SERVICES $5 000 to $75;000 Date: October 15, 2019 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract.However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Parks department is performing wetland restoration and exploring the feasibility of building an alternative trail into Ashland Ponds. This is part of the goals included in the Trails Master Plan of creating new trail connections. Rabe Consulting will provide environmental and design services including a wetland delineation,fill- removal permits,permitting with Sate and Federal Agencies, City of Ashland water resource permit and general concept designs. Upon receipt of agency approvals will perform final layout and GIS. The estimated cost is $9354.00 The timeline of the intended contract will be completed by June 30, 2021. 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? Parks currently does not have staff with the expertise to provide the environmental and design services for this project. Requested by: Date: /0/i 7//q artmen a Approved by: Date: P I ZZ 111 Kelly Madding,City Ad inistrator Comments: Verbal approval from Dave Lohman Form#4-Department Head Determinations to Procure Personal Services, Page 1 of 1, 10/16/2019 PERSONAL SERVICES AGREEMENT (LESS THAN $25,000) CONSULTANT: Rabe Consulting Neuf,/ q Andrea Rabe, PWS \ c _02' ADDRESS: 421 Commercial Street ams&RECREod- Klamath Falls, OR 97601 20 East Main Street TELEPHONE: 541-891-2137 Ashland, Oregon 97520 Telephone: 541/488-5340 Fax: 541/552-5314 EMAIL: andrea@rabeconsulting.com This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Rabe Consulting, a domestic professional corporation ("hereinafter "Consultant"), for_environmental and design services for the proposed Ashland Pond Trail. 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 Con'sultant's acceptanceof the City's final payment therefore, but not later than June 30, 2021. 2. Scope of Work: Consultant will provide wetland delineation, fill removal permits, agency permitting, City of Ashland water resource permit,and general concept design for the proposed trail at Ashland Ponds as more fully set forth in the Consultant's Proposal dated October 10, 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 Rabe Consulting. 6. Compensation: City shall pay Consultant the sum of$9354.00 (nine thousand three hundred and fifty four dollars lump sum) 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$9354.00 (nine thousand three hundred and fifty four 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 $21,507.75 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 iii. If any license or certificate required by-law or regulation to be held by Consultant to provide Page 2 of 5: Personal Services Agreement with Rabe Consulting. 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. r 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 anymaterial 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 em EMU a off)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 000 0 0 0 am Will! o o o )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 $11j®00 000 tan Warm a o . g) 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 Rabe 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 Rabe 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 bel signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLA D: " Rabe Consulting(CONSULTANT): By: By: Signature Signature N‘AcWryencvrercr—kcie Printed Name x Printed Name Mtit po11 '0LR"� WNW/ Title Title GD �� I � 1o[23d19 ate Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 5 of 5: Personal Services Agreement with Rabe 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. $15.39 per hour, effective June 30, 2019. �� The Living Wage is adjusted annually every I� 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 $21,507.75. part-time employees, the Ashland if the contract Living Wage does not apply exceeds$21,507.75 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 I of 1 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. ( (3) Telephone listing is used for the business separate from the personal residence Q� listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 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 49/23/17 Date Page 1 of 1 EXHIBIT C ' Request for Taxpayer �� w-9� Give Form to the (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.i s.govlFonn W9 for instn>Ictions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. AN•&x 1,-% , 2 Businass�isregarded entity name,if different from above \\�bi.. COAv\S%A.* co 3 Check appropriate box for federal tax classification of the whose name is entered on line 1.Check onlyone of the 4 Exemptions(codesonlyto P P apply co following seven boxes. certain entities,not Individuals;see a instructions on page 4 p IndividuaIfsole proprietor or 0 C Corporation 0 S Corporation 0 Partnership ❑Trust/estate . u sjngle-member LLC Exempt payee code(rf any) 11 ❑ Limited liability company.Enter the tax classification(C=C corporation,S S corporation,P=Partnership)► `o E Note Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) .c u another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(see instructions)II. r WppJtoaccounts nsntatnedoutside the us.1 m 5.Address(number,street,and apt or suite no.)See instructions. Requester's name and address(optional) A kiz commbYLc,S1 Sk-- ,. 64mtst Ast0.441.4\ 6 City,state,and ZIP code 4CkaON G.' �a\.,s bQ 5:174(001 7 List account number(s)here(optional) d -- I Part I Taxpayer Identification Number(TIN) • Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — — entities,it is your employer identification number(EIN).If you do not have a number,see Now to get a TIN,later. or ' Note:If the account is in more than one name,see the instructions for line 1.Also see What Name Under penalties of perjury,I certify that 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that 1 am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and - 4.The FATCA code(s)entered on this form(I any)indicating that I am exempt from FATCA reporting is correct Certification instructions.You must cross out item 2 aboveifyou have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you r to sign the certification,but you must provide your correct TIN.See e in ctions for Part II,later. Sign Signature of I h �� Here us.porson► O. V Date General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. pis) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.lrs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(11N)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer Identification number(IT)N),adoption •Form 1099-A taxpayer identification number(ATIN),or employer identification number (acquisition or abandonment of secured property) (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat No.10231X - Form W-9(Rev.10-2018) Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/23/2019 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(les)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 Great Basin Insurance NAME: Matt Hurley PO Box 69 (A/C.No.Est): (541) 882-5507 FAX PO (541) 884-0052 E-MAIL Klamath Falls OR 97601 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Mutual of Enumclaw Insurance C 14761 INSURED INSURER B:Admiral Insurance Company 24856 Andrea Rabe DBA: Rabe Consulting INSURER C: 22539 Hwy 140 E INSURERD: Dairy OR 97625 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 5391 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 TYPE OF INSURANCE ADDL SUBR. POLICY EFF POLICY EXP LIMBS LTR _ INSD_MND POLICY NUMBER (MMIDDNYYY) (MM/DD/YYYY) B X COMMERCIAL GENERALLIABILnY EACH OCCURRENCE $ 2,000,000 E TO RENTED CLAIMS-MADE X OCCUR N FEI-SCC-17227-06 08/22/2019 08/22/2020 PREMISES(Ea occurrence) $ 50,000 MEDEXP(Anyoneperson) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 _ GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 4,000,000 X POLICY JELOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 A ANY AUTO N CPP0023590 04/16/2019 04/16/2020 BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) $ A X UMBRELLALIAB X OCCUR N FEI-ERC-24841-01 08/22/2018 08/22/2019 EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability FEI-ECC-17227-06 08/22/2019 08/22/2020 Occur/Agg $ 2M/4M $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) 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. Parks & Recreation 1195 E Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 /�� /1/1/46 f4 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 OREGON SECRETARY OF STATE HOME __ r► Corporation Division 1 businessinformation center business name search ""' oregon business guide referral list business registry/renewal formsffees notary_public uniform commercial code uniform commercial code search documents 8 data services Business Name Search 10-15-2019 New Search Printer Friendly Business'Entity Data 11:44 Registry Nbr Entity Entity Jurisdiction Registry "ate Next Renewal Renewal Due? Type Status Date 140656-92 ABN ACT 04-02-2003 04-02-2021 Entity game RABE CONSULTING Foreign Name I A,f'ffidavit? I N New Search Printer Friendly Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Addr 1 421 COMMERCIAL STREET Addr 2 CSZ KLAMATH OR 97601 Country UNITED STATES OF AMERICA FALLS The Authorized Representative address is the mailing address for this business. AUTHORIZED 04-02- Type REP REPRESENTATIVE Start Date 2003 'esign 'Rate Name (ANDREA I J A.BE Addr 1 22539 HIGHWAY 140 E Addr 2 CSZ DAIRY IOR 197625 I I Country (UNITED STATES OF AMERICA Type (REG(REGISTRANT I I Name (ANDREA 'RABE I I Addr 1 22539 HIGHWAY 140 E Addr 2 CSZ Ib AIRY OR 97625 Country ITED STATES OF AMERICA New Search Printer Friendly Name History Business Entity Name Name Name Start [•ate End Date Type Status RABE CONSULTING EN CUR 04-02-2003 Please read before ordering Copies. 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All Rights Reserved. • 5' Rbc Consu „faiStriving for a Sustainable community through eductional, ^ economic and environmental improvement October 10, 2019 RE: Permit/Design Ashland Pond Trail in Ashland,Oregon Rabe Consulting is pleased to provide a proposal and bid for the environmental and design services for the Ashland Pond Trail proposed in Ashland, Oregon. These services include a wetland delineation,fill-removal permits, City of Ashland water resource permit and general concept design drawings. The site is located just east of the Ashland Pond and west of the wastewater treatment plant. The proposed trail is approximately 600 ft in length.A portion of the trail will include a wooden, broadwalk-type path that is slightly raise above the terrain (approximately 6 to 12 inches). Rabe Consulting, started in 1997, is an environmental consulting business specializing in environmental services, particularly field surveys and document preparation for wetland delineations/mitigations, environmental site assessments (Phase 1 and 2), NEPA compliance, permits and biological assessments. Our company headquarters are located in Klamath Falls, Oregon. We provide services throughout southern Oregon and northern California. Rabe Consulting delivers a consistent quality service within the provided timeline and budget. We strive for excellence in service, while meeting the needs of government regulations and clients. Rabe Consulting is registered as a disadvantaged small business (DBE), women-owned business (WBE) and an emerging small business (ESB) concern. Rabe Consulting is also HUB Zone certified. Project Scope: Task 1 Wetland Delineation Rabe Consulting conducted a preliminary site visit previous to this scope of work which indicated a small drainage in the proposed project area and Ashland Creek to the north of the project area. The project area is defined as the proposed trail footprint. Staging and access will occur at the end of Glendower Street in existing turnout. 421 Commercial'St, Ramath Earls, Oregon 97601 www.ra6econsurting.com (541)891-2137 The wetland delineation will be completed according to guidelines provided by Army Corps of Engineers (ACOE) in the Supplement for the Western Mountain Valleys and Coast Region. A wetland investigation will determine the presence of wetlands and waterways including creeks, both potentially jurisdictional and non-jurisdictional. Likely, the wetland delineation will identify the extent of the drainage and associated wetlands and the bank of Ashland Creek. Field work would include soil pits excavated to 20 inches to determine the hydrology and presence/absence of hydric soils; vegetation plots of 1 meter squared to determine the percent cover by plant species, indicating wetland versus upland plant cover; photographs of each plot and a GPS (submeter accuracy) recording of the boundary of the wetlands and locations each plots. Task 2 Submittal of Report and Response to Agency Comments After review by the City of Ashland,the delineation will be submitted to ACOE for concurrence and a preliminary jurisdictional determination (PJD) and to the Oregon Department of State Lands (ODSL)for concurrence. Rabe Consulting will respond to agency comments and revise documents as necessary. Task 3 Removal-Fill Permit Application Rabe Consulting will complete the Removal-Fill Permit Application for submission to ODSL and ACOE. If the fill is under 50 cubic yards within the wetland, an application for ODSL will not be needed. If the fill is only driven posts,the ACOE may not require a permit(this will depend on the design and how well it fits the exemption). The Application will be based on design materials from the engineers and submeter accuracy GPS mapping (no formal surveying). Rabe Consulting will respond to agency comments and revise the application as needed. The project is designed to move a trail for restoration of the Ashland stream bank and associated wetlands. Restoration activities may include blackberry control and overstory planting. The permit application does not anticipate a mitigation plan or mitigation, and therefore a mitigation plan is outside this scope of work. The application does include a functional assessment and restoration plan for temporary impacts. Task 4 City of Ashland Water Resource Protection Permit Rabe Consulting will complete documentation for the City of Ashland Water Resource Protection Permit/Compliance. The project will be designed to comply with the City of Ashland Water Resource Protection requirements, including maintaining overstory shading, decreasing presence of noxious weeds, and improving stream bank vegetation/reducing erosion. 421 CommercialSt, Klamath Earls, Oregon 97601 www.rabeconsulting.com (541)891-2137 • Task 5 Engineering Design Documents ZCS Engineering and Architecture will partner with Rabe Consulting to provide structural engineering services and documents required for the construction of the boardwalk portion of the proposed path (approximately 60 feet). Ideally,the design of the boardwalk superstructure will utilize widely available materials in a repetitive format such that construction can be completed by volunteer labor and field-fit to the site conditions. Products will superstructure design of the boardwalk and supporting structural calculations stamped by a registered design professional. Soil information for foundation design will be verified between both ZCS and Rabe Consulting knowledge of site characteristics. Task 6 GIS Layout and Field Flag Route Rabe Consulting will use a submeter accuracy GPS to field flag the trail route for construction. This will avoid the cost of formal surveying. Pin flags will be installed to denote the trail path and extent. Timeline: Task 1 will be completed within 3 weeks of the contract execution,weather permitting. Rabe Consulting understands that time is of the essence and will make every effort to have the report completed as soon as possible. Ideally,field work will be completed in October 2019. Task 2 will be on-going during the review process. Task 3 and 4 will be completed by January 31, 2020 with applications pending agency review. Task 5 will be completed by January 31, 2020. Task 6 will be completed within one week of Task 6 authorization. Agency reviews (ACOE and ODSL) of delineations are currently taking approximately 6 months due to their staffing constraints. 421 CommercialSt, xfamath Faffs, Oregon 97601 www.rabeconsufting.com (541)891-2137 Cost Estimate: Task 1 Wetland Delineation $ 3000 • Task 2 Agency Review and Comments $ 300 DSL delineation review fee $ 454 Task 3 Removal-Fill Application $ 1000 Task 4 City of Ashland Water Resource Protection Permit $ 700 Task 5 Engineering Design Documents $ 3400 Task 6 GIS Layout and Field Flag Route $ 500 TOTAL $ 9354 Note 1: Rates are fully burdened including per diem, mileage and copies, as well as equipment use (submeter accuracy GPS and GIS mapping software). Note 2: Delineation reviews do not have associated review fees with ACOE. Note 3: Cost estimate is not to be exceeded unless there is a change in scope. Note 4: Scope does not include mitigation plan. Note 5: Individual tasks may be authorized. Thank you for your request for a proposal for wetland delineation. If you have any questions regarding the proposal, please feel free to contact me. Respectfully submitted, Andrea Rabe, MS, PWS Professional Wetland Scientist Rabe Consulting 421 Commercial Street Klamath Falls, Oregon 97601 541-891-2137 andrea@rabeconsulting.com 421 ConznaercialSt, 702math Earls, Oregon 97601 www.rabeconsulting.com (541)891-2137