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HomeMy WebLinkAbout2009-168 Contract - NW Biological Consulting Contract for PERSONAL SERVICES less than $25,000 CITY OF ASHLAND 20 East Main'Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 CONSULTANT: Northwest Biological Consulting CONTACT: Scott English ADDRESS: 324 Terrace Street, Ashland, OR 97520 TELEPHONE: 541-488-1061 DATE AGREEMENT PREPARED: 7/1/09 BEGINNING DATE: 7/1/09 COMPENSATION: $4,650.00 (not to exceed) FAX: COMPLETION DATE: 10/1109 SERVICES TO BE PROVIDED: Complete a wetlands mitigation plan for the Jefferson Street Construction Proiect No. 2005-10. ADDITIONAL TERMS: Includes subconsultant fees of $600.00 to Laurie Sager for landscape planning. FINDINGS: Pursuant to AMC 2.52.040E and AMC 2.52.060, 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 reasonabie. 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 quaiified 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 Consuitant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244, ORS 670.600, 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 $18,088 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 any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent: This contract mav be terminated at any time bv mutual consent of both Darties. ~.\""..h .....t,...\,..,......\~....... ........l.......;....\C"I~I"ICCD\DDr\ tCf"'T\""nr:::lnr: 'In "'lA' 0;...1.......;........1 0...........,.1.:....... f"',..,...+........+ .....l........ D........... 'I ,..,+J::: b. , Citv'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 federai, 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 reguiations 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 Consuitant 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. Obliqation/Liabilitv 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, Consuitant 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 shali 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. Consuitant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approvai 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 ORF status pursuant to the ORF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a ORF 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 Comoensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. rrefessisAsl Lisbilitv iAs~roAec witM 8 eOfRbiAcElsiA!jie lifRit, or IMe e~~i.sicRI, sf R5t IC33 tMaA EAter-ene; $265,565, $555,055, $1.111111.111111, $2,088,00001 Not Applicablc fer cacll claifR, iRCiElCRt sr OCCUrrE:Aec. Tl9is-is-lo cover dafRa!je3 ca~3cEl by CFrer, efRiS3ioR er Rcgli!jeRt ael3 FclalcElle Ille pfofe33ioAal gcr.iec3 te be pF5,ided ~n8or IRis 6eRlr~. c. General Liabilitv 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. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, or Not Applicable for each accident for Bodily Injury and Property Damage, inciuding coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or chanqe. 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 ~C~ ) ~.\",.,h ,....\,...\..............\,,1"'....+ ......,.,I.........;...\t::lI.l~lI\ICCD\DDr\ 1t::(",T"\")(\"h\(\~ 11"1 II.I\^/ 0;,,1........:......1 ("'...........,.1+:....... ("'.......+........... ............ 0................, ....f:/:: f. AdditionallnsuredlCertificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and empioyees as Additional Insureds on any insurance policies required herein butonly 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 andlor 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 confiict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (andlor 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 HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penaity 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 incor orated b reference. CpNSUL TANT CITY OF ASHLAND: BY BY TITLE DATE 7,.1,/ ~ DATE ') ~ .?e;~oct CONTRACT AWARD AND FIN INGS DETERMINED BY: By: City Department Head Approved as to form by Legal: W.9 One copy of a W.9 is to be submitted with the signed contract and it will be kept on file in the Finance Department. ACCOUNT # ~~ ~ t:J a2 / ,,:2 6Lo 7 tJ (For City purposes Dnly) I ~ PURCHASE ORDER # or ( .:7--1) ~.\"",.h ..'rL-....\............\.........."'. .......l......;....\C"r~l...lcCO\DO""' IC,....T"\"}("'~\n~ -1 n ""^' 0......1........;......1 f'.............. ,..:........ f"'........+r..........+ "I...... D............ ') ....ft:::. EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9form is its correct taxpayer 10 (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) I carry out the labor or services at a location separate from my residence or is in a ~pecific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are ~urchased for the business. . (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) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ~;;z,L~' Contractar----- ~~~&4 ( ate) ~.,.......h ..'r........\,..........\....l"'.....~ .......l.....:.....\CI\I~II\ICCD'DDr\ ICf"'T\":lnn&::\f'\&:: in hl\^/ 0:.....1.....,,:...........1 ("'".........,[1:........ f"'.........~.......... ..~ A........ D........" A....~ J::;; ,I' c. ~,,,.. 00030864 C E R T I F I CAT E o F INS 0 RAN C E Issue date: 7-30-09 Insured SCOTT ENGLISH DBA NORTHWEST BIOLOGIC CONSULTING 324 TERRACE ST. ASHLAND OR 97520 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. COMPANIES AFFOROING COVERAGE Company letter A EVANSTON INSURANCE COMPANY Company letter B .Company letter C Company letter D Producer Indemnity Excess & Surplus Agency, Inc. 1500 NW Bethany Blv Beaverton OR 97006 Company letter E COVERAGES This is to certify that 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. Co polict Policy Lt Type of Insurance Policy number Effec ive Expire ALL LIMITS IN THOUSANDS GENERAL LIABILITY General aggreyate....,. $ 1,000 A X Commercial General Liab. 08ELFM00104 4-D2-08 4-02-10 Products-camp eted Claims made operations aggregate..$I,OOO X Occurence Personal & advertising injury... .$1. 000 - Owner's & contractors protective Each occurrence..... _..$ 1,000 - Fire damaye (any one fire ....."...... $ 50 - Medical expense {any one person)...........$ 5 AUTOMOBILE LIABILITY CSL $ - Anr auto Al owned autos Bodily Injury - Scheduled autos (per person) S - - Hired autos Non-owned autos Bodily Injury - Garage liability (per accident) $ - - Property damage S EXCESS LIABILITY Each occurrence Aggregate Umbrella form - Other than umbrella form $ $ WORKERS' COMPENSATION Statutory AND ~ ~eaCh accident) disease-policy lLmit) EMPLOYE RS . LIABILITY S (disease-each empl.) OTHER A X POLLUTION LIABILITY 08ELFM00104 4-D2-D8 4-02-10 $1,000,000 CLAIM/AGG A X PROFESSIONAL LIAB. DBELFMOD1D4 4-02-08 4-02-10 Sl,DDD,DDD CLAlM/AGG Description of operations/locations/vehicles/special items PROFESSIONAL LIABILITY IS CLAIMS MADE FORM PROFESSIONAL LIABILITY RETRO DATE: 4/2/2007 PROFESSIONAL LIABILITY OEDUCTIBLE: S2,5DD GL & POLLOTION LIABILITY DEDUCTIBLE: 52.5DD CERTIFICATE HOLDER IS AN ADDITIONAL INSURED PER ATTACHED FORM IE-0036-D4D4 Certificate holder CITY OF ASHLAND ENGINEERING DEPARTMENT 20 E MAIN STREET ASHLAND OR 97520 CANCELLATION Sh9Uld any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30* days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligat on or liability of any kind upon the company, its agents or r resentatlves, Authorized UA.L (OMNI 7 CERTGA.OB05231U907301541) " " POLICY NUMBER: 08ELFMOOI04 ENDORSEMENT This endorsement modifies insurmwe provided under the following: COMMERcw, GENERALLIAllILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART CONTRAcrORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Orgllllization: AS PER. WRIITEN' CONTRACT (Ifno entry appears above, infonnation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as IlIl insured the person or organization shown in the Schedule, but only with TesJlect to Habtlity srising out of ''your work" for thst insured by or for you. "Insnreds are advlBed that cerllllcates of insurance should be me<! only to provide evidence ofinsurauce In Ilen ohn actunl copy oftha applicable Insnrance poliey. Certilkates shonld not be med to amend, expand, or otherwise niter the terms of the nctunl polley." ALL OTHER TERMS AND CONDmONS REMAlN THE SAME. IE-lI03&-04ll4 lofl CITY RECORDER Page 1/1 r~' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 l-> ,,':..~,~:-B8AliE;;0 i/ r{~ [;:JI1P.01N~MBER~}';~:';: 7/31/2009 09120 VENDOR: 014538 NW BIOLOGICAL CONSULTiNG 324 TERRACE STREET ASHLAND, OR 97520 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: Contact: Jim Olson Confirming? No S.-(Quantitt~ 0IUniF:l .... ",..\~}t~f' '"";:-;~;~7iDescrfl'lti-on~-': :11.''':''.:.',._;.,..",: '.f;. .~ ~~{~Uiift1P.rict;-~.A~ t.~tW;fJE~Rric~ Wetlands Mitigation Plan for the 4,650.00 Jefferson Street Construction Project No. 2005-10, Includes subconsultant fees of $600.00 to Laurie Sager for landscape planninQ. Contract for Personal Services, Beginning date: 07/01/2009, Completion date: .. 10/01/2009, Not to exceed $4,650.00 SUBTOTAL 4650.00 81LL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 4,650.00 ASHLAND, OR 97520 tC':-!'JACcount1Number;:;': .:;'l"~ t;;~:t'iPcFojeci':r-..fu'mb~f~.~~ [{f3i~~TAmounL '-..," ,. :?Ac"count!NumoerJT0J ~~;~TR1ojeci1NumDer,YTj;)j f11l~~';mount~lill E 260.08.12.00.70420 E 20051 0.1 00 4 650.00 .. /l#-~edS;:Z~/ VENDOR COPY FORM #10 I CONTRACT APPROVAL REQUEST FORM CITY OF ASHLAND contractor/consultant:,/t/ W /~~P-j~"'-p~ 6'7 ..9' r :;2--e!) 8-~-c....LYc i', o Per attached contract PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process D ExemDt from ComDetitive Biddina D Invitation to Bid (Copies on file) D Emeraencv Reason for exemption: D Written findings attached / D Quote or Proposal attached --~ Small Procurement & Personal Services D Reouest for Prooosal (Copies on file) CooDerative Procurement Less than $5.000 Please check one: D State of Oregon Note: Total contract amount, including any D Goods & Services Contract # amendments may not exceed $6,000 D Personal Services D State of Washington Intermediate Procurement D Sole Source Contract # GOODS & SERVICES D Written findings attached D Other government agency contract $5,000 to $75.000 D Quote or Proposal attached Agency D 13\ Written Quotes Contract # PERSONAL SERVICES D Soecial Procurement D Interagency Contract $5,000 to $50.000 D Written findings attached Agency D (3) Written Proposals D Quote or Proposal attached Contract # Have all public contracting requirements been satisfied? YES ~ NO If 'NO", City Council approval is required. City Council approval was received on (Date) Have funds been budgeted for the purpose of this contract? YES ~. NO If "NO", City Council approval is required. City Council approval was received on Please provide Account Numbe~'~ "! ~- ~ ?:i!z? - 7 !l_ c./??-O c_______ Is the amount of the contract less than $25,OOO? YES NO (DatB)? -;r a..~- ..cif C7 ?('fJf 1&; e-u.t'A"K:.. (Date) UP ~ Q/u/>.. (b ;>r'r"~(' c;Utt. {'ft./ (Date) r "r C:j<-tf ""~ (l,dM-. If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on Is the amount of the contract less than $75,000 for Goods & Services or $50,000 for Personal Services? YES --------/ NO If "NO", City Council approval is required. City Council approval was received on Is the contract for a period of 24-months or less? YES ~ NO If 'NO", City Council apprDval is required. City Council approval was received on (Date) Please provide terms: Start date: 7( Ifyl & / Compietion date: I' C /'" " /t!lJ Can the contract be terminated for convenience thirty (30) or fewer days ~ . following delivery of written notice to the contractor? YES NO if "NO", City Councii approval is required. City Council approval was received on (Date) ./ C ~----i!?leaseCI'9~__:;;;--' Prepared by: ~~ Not Approved Department: ~ ."," { It ,:1..."; --t-'--<? ~ ~ ~ 7- Lee Tuneberg Date: . ,t? 1 .- g / '-610 Date: 7 ~(~? Form #10 - Contract Approval Request Form, Page 1 of 1, 713ylo0g CITY OF ASHLAND REQillSITION No. PW_-FY2010 Department PUBLIC WORKS Vendor Northwest Biologicai Consulting 324 Terrace Street Ashiand. OR 97520 Account No. 260.08.12.00.704200 Date July 27, 2009 Requested Delivery Date Deliver To Jim Olson Via 1000/0 (* Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. Complete a full wetlands mitigation plan for the Jefferson Street extension project No. 2005-10 $ 4,650.00 $ 4,650.00 for Kari: BID IRFP 1 EXEMPT: See memo Contract Start Date: ASAP Contract Comptetion Date: 1011/2009 Insurance on file: IYES X INO Proiect No: 2005-10 Job No. Unit No. I hereby certify that the above items are neeessary for the operation arthis department and are budgeted ~ouR.12L Department Head or Authorized Person Issued By Date Received By r~' G:lpub.wrkslengldept-adminIENGINEERIPROJECT12005ID5.10 NW 8iological Req 7 09.xls Memo CITY OF ASHLAND To: From: Sub: Date: Mike Faught 11 '1 . James H. Olson 'V L/ CONTRACT WIT}J NORTHWEST BIOLOGICAL CONSULTING July 27, 2009 The Jefferson Street Extension Project No. 2005-10 is a joint private/public development created to provide access and utilities to the new site of the Brammo Motorsports Production facility on Jefferson Street. The project is being founded by an OECDD/SOREDI grant and loan offered to Craig Bramscher through the City of Ashland. The original development plan called for Mr. Bramscher to provide a "bid ready" project to the City. Mr. Bramscher would provide, through his design professionals, complete plans and specifications, all DSL and DEQ permits and partition plat. To date we have received the land partition plat which was approved on April 16, 2009 and the preliminary construction plans (95% complete) Little progress was being made on the DSL and DEQ permits. In an effort to speed the project along; the City acquired the services of three professionals experienced in permit acquisitions. Mr. Russ Lawrence, DBA StreamFix was chosen to submit and acquire all necessary permits. He was selected for his experience in the field, his track record in working with state and federal agencies and his ability to rapidly process permits. Mr. Lawrence was given a contract for $4,990.00 and purchase order no. 8910 was issued authorizing payment under account no. 260.08.12.00. 704200. Mr. Shawn Kampman, DBA as Polaris Land surveying provided the surveying and wetlands mapping, for the mitigation project. Mr. Kampman is the surveyor for the land partition work as well and was originally employed by Mr. Bramscher to complete that work. Polaris land surveying is currently under contract with the City to provide general flexible surveying services. Under that contract, he agreed to provide all necessary surveying and mapping services for the wetlands mitigation for $2,030.00. He has completed all required work and was paid for his services on July 17, 2009 under account no. 260.08.12.00. 704 200. Mr. Scott English, DBA Northwest Biological was selected to provide the required wetlands mitigation plan needed to complete the permit process. He had previously been hired by Craig Bramscher and had some valuable background and project knowledge which the City was able to take advantage of by hiring him to complete the mitigation plan. His contract is for $4640 which includes $600 to be paid to a sub-consultant to provide the necessary landscaping plans. The plan is now complete and has been forwarded to Russ Lawrence for the final phase of the permit acquisition process. Karl Johnson is working with Gary Vandyke ofKAS Engineering to complete the contract and bidding documents. It is hoped that we might be able to bid this project in August. ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 www.ashland.or.us Tel: 5411488.5347 Fax: 5411488.6006 TTY: 800/735.2900 ~~,