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HomeMy WebLinkAbout2014-172 Contract - Geometrix Northwest Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Geometrix Northwest ASHLAND 20 East Main Street CONTACT: Randy L. Fitch n~ D Ashland, Oregon 97520 ADDRESS: - 50'4 Telephone: 541/488-6002 y372Y-l Sw e C;-. R Fr k W Fax: 541/488-5311 TELEPHONE: (541) 951-1101 oR ?7125'- DATE AGREEMENT PREPARED: 05/0212014 FAX: n/a BEGINNING DATE: 05/04/2014 COMPLETION DATE: 12/31/2014 COMPENSATION: Time and materials, not to exceed $3750.00 SERVICES TO BE PROVIDED: See attached Exhibit C ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and j 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 departments 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 consultants proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of city. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,825 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, Consultants 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 may be terminated at an time b mutual consent of both parties. Contract for Personal Services, Revised 06/30/2013, Page 1 of 5 b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If.City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. L Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or.has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability 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, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or Contract for Personal Services, Revised 06/302013, Page 2 of 5 i intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. • Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance- 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. 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 penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant, City of Ashland By By Signature Departm C " F tc~`i M VhRta SZ Fi+ Print Name Print Name 1rr;04r/ '7 (2/t Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/30/2013, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (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. Contractor (Date) Contract for Personal Services, Revised 06/30/2013, Page 4 of 5 EXH~tiIT G Geometrix Northwest -Medford, OR, PH 541.951.1101 www.geonorthwest.com June 2, 2014 Attn: Rob Morris, EIT Engineering Technician City of Ashland Public Works GL; D( 20 E. Main St. N O R T H W E S T Ashland, OR 97520 RE: Proposal for Land Surveying & Mapping Services Ground Penetrating Radar- Ivy Lane/Morton St. & Ashland Loop Rd. Dear Rob, Based on our discussions regarding the above referenced project, Geometrix NW proposes to locate two waterlines along a section of roadway in the City of Ashland, as shown on the attached exhibit map. Geometrix NW proposes to utilize ground penetrating radar, GPR, to locate the horizontal and vertical location of the waterlines to an accuracy of plus or minus .5'. As the roadway section lies within tree canopy, we will not be able to coordinate our GPR work with GPS, therefore Geometrix NW will mark the locations on the ground with paint, survey the locations conventionally from existing project survey control, and deliver the locations as polylines within an AutoCAD drawing file in the project coordinate system. Geometrix NW will also, as part of this survey, utilize GPR along a section of Ashland Loop Road, determining the depth of bed rock, as discussed with Pieter Smienk. Survey Cost: $3,750.00 Schedule: Geometrix Northwest can begin survey within one week of notice to proceed and deliver the AutoCAD drawing file one week following the performance of our field survey. Thank You, Randy L. Fitch, PS President Geometrix Northwest 11 Page FROM:focusl TO:5414885311 06/20/2014 11:51:01 #57861 P.001 /001 Phone: (641)488-6002 Fax: (541)4M-5311 ACC11 CERTIFICATE OF LIABILITY INSURANCE °"~'Mo~2 ;4' 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: It the Certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endoreomenL A statsnunt an this caAHlbate does not confer rights to the core fleate holder in lieu of such endoreemen s . PRODUCER -CONTACT JUSTINWOODSIDE Focusl InsUranoe Group, Inc HAMEL"&d 1. 1641.772.1120 F~ic, NPI: 541-772.7800.... 3110 State Street usEnccuetlna.com Medford, OR 97504 it a License#: 100171325 A1 SURER9 AFFORDING COVERAGE wsuwew A Ll.b~nY wsuRED INSURER a: Certain - oydSA_LRD.Q00..-... NORTHWEST GEOMETRONICS,INC WSURERC: _ DBA GEOMETRIX NORTHWEST BISURERO: _ 4364 SARDINE CREEK R FORK RD INSURERS: _ GOLD HILL, OR 97625 NSURER F: COVERAGES CERTIFICATE NUMBER: 00008124.88609 REVISION NUMBER: 8 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED 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 B POLICY Numa RN llivoi e" -1560-cy-EXP uY1T6 =1 19NMQ== A GR YUUA-LIAAaTw Y BKS (16) 56133160 0&2412014 0512412015 EACH DCA URRENGE s 100 0 000 DAMA T RE IT COMMERCIAL GENERAL LIABILITY emmi .ES tEf zn4itnW- S 1000000 CLAIMS-MADE Elio OCCUR MED EXF (Ag On IY,mTn) F IS IQgO PEnsphAL A_DV IwURY 1 11,000,000 GENERAL AGGRE(iNTE i yDDO OOD GENT AtAiRFGATE LINT APPLIES PER PnODVCT3-COMPIOPAGG IT 2000000 X _1 POUCV PR6 LOC - - 3 - .11 D A AUTOYOBX,EUAen.m' BAS (15) 56133160 0512412014 05P24r2015 OMBINE031NGLELIMIT 3_-1•DQQ,QQD ANY ALrTO eODILYINJURYIP.1,T A) i ALL OWNED ! SCHEDULED BODILY INJURY IPer •Ctloenp $ AUTOS AUTOS " -I v NON-OWNED PROPERTYDAMAGE T X I HIRED AUTOS j n l ATITO5 A UMBRELLA UAB OCCUR ESO (15) 66133180 0612412014 06124I2016 EACH OCCVRRENCE 3___ __1DQD 000 X EXCESSDAS X i CLANS MADE AGGREGATE i 1,000,000. DED i ! RETENTIONS i WORNERSDOYiEMIAT10N T 9YLI - GTH AND EYPLOYER6'L1Ae1DTY YIN ANY PROPRIETOR/PARTNEIVSAELLTME E.L EACH ACGDENT f--, Wi1CEWMEMBEREACLUOEO7 NIA (MirMMwY In NMI EL, DISEASE_EA EMPLOYE i II yyes, aewse ~Irsr S L DISEASE . POLICY LIMIT 3 D! CRIPTION OF NEMTIONS blow B Professional Liabili PGIARK03308-00 0612712014 05=2015 Professional Llabli 2,000,000 DsccwlPnoN PF DPERAnons I LocAnDMi I vE,IIO.ES IAn•en scORO TB1.Aeauaw Mm•m een•aK Ir men •p•n b rRRMnaI . Land Surveying & Mapping Services Ivy Lane/Morton SL & Ashland Loop Rd. 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 MTN THE POLICY PROVISIONS. 20 East Main Street (JJWi ASHLAND, OR 97520 AUTHan REPRESENTA 1988- 010 CORD CORPORATION. All rights reserved. ACORD 25 (2010106) The ACORD name and logo are regi rks - D Printed by JJW on June 20. 2014 in 11:SOAM CiTy f` EC®R DEER Page 1 / 1 n CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 717/2014 12342 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 018748 SHIP To: Ashland Public Works GEOMETRIX NORTHWEST (541) 488-5587 4354 SARDINE CREEK FORK ROAD 51 WINBURN WAY GOLD HILL, OR 97525 ASHLAND, OR 97520 FOB Point: • Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Rob Morris Special Inst: Confirming? No Quanti Unit ..,t:.... ' .1:. - - - 'Descrilion'; Unit Price ° =Ext. Price Subsurface survey usinq ground 3,750.00 Penetratinq radar. Contract for Personal Services Beqinninq date: 05/0412014 Completion date: 12/31/2014 SUBTOTAL 3.75000 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 3,750.00 ASHLAND, OR 97520 Account Number r- Project Number ' -Amount .-d; Account Number Project Number Amount E 670.08.18.00.70420 E 201404.999 3750.00 Authorizecrsignature VENDORCOPY FORM#3 CITY OF A request for a'Purchase order ASHLAND REQUISITION Date of request: 7/02/2014 Required date for delivery: ASAP Vendor Name Gpnmptriy Nnrthwpct Address, City, State, Zip 5p00 mime Nye a fp 71 Mpdtnr OR o75n4 Contact Name & Telephone Number Randy L. Fitch (541) 951-1101 Fax Number nla SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Fo m #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on Ole) ❑ State of Oregon ® Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposalslwdtten solicita0on Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES lTotal Cost L~ ~T : Subsurface survey using ground-penetrating radar. U0 j Item # Quantity Unit Description of MATERIALS Unit Price Total Cost F -1 ® Per attached quotelproposal TOTAL cosh Project Number 2014.04 Account Number 670 - 08.18.00 - 704200 *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: r ate Support -Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. IT Directo Employee: Department Head: l~Yy (Equal to 00) Department (anager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director-(Equalto orgreaterthan$5,000) Date Comments: Form #3 - Requisition