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HomeMy WebLinkAbout2014-320 Contract - Peters Consulting LLC 1 Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF INDEPENDENT CONTRACTOR: Peters Consulting, LLC -ASH LAND CONTACT: Peters Consulting 20 East Main Street ADDRESS: 4497 Brownridge Terrace, Suite 107, Medford, OR Ashland, Oregon 97520 Telephone: 541/488-6002 TELEPHONE: 619-952-4364 Fax: 541/488-5311 EMAIL: chrispetersconsulting@gmail.com BEGINNING DATE: 12/8/2014 COMPLETION DATE: 6/30/201 COMPENSATION: Not To Exceed NTE $1,700 GOODS AND SERVICES TO BE PROVIDED: Reference Exhibit B, additional SDWRLF funding support. In the event of conflicts or discrepancies among Contract Documents, this standard form of the City of Ashland Contract will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with this standard form City of Ashland Contract, NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work 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. Contractor must also maintain a current City business license. i 3. Ownership of Production: All documents, materials or items produced by Contractor pursuant to this contract shall be the property of City. 4. Statutory Requirements: ORS 279B.220, 2798.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from those losses, expenses, or other damages resulting from injury to any person or damage to property arising out of or incident to the negligent performance of this contract by Contractor its employees, or agents. Contractor shall not be held responsible for any losses, expenses, or other damages, directly, solely, and proximately caused by the negligence of City. 6. Termination: City's Convenience. This contract may be terminated at any time by the City. 7. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 8. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. 9. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 10. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work. 11. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 12. Default. The Contractor shall be in default of this agreement if Contractor commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract. 13. Insurance. Contractor shall at its own expense provide the following insurance: a. 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. Worker's compensation insurance is required if work is performed by employees, subcontractors, or volunteers. BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: b. General Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. ~X= limit, OF the equivalent, of not less than $1, 000 F eanh annident for R ily ► n eat 14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon 15. 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. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contl_L City of Ashland: By By ~2A, g ure D partmdnt Head- 9M ' t ame Print NameI~ l~ff"d iJ,it, i`t Title 7-cont Date W-9 O ne copy of a W-9 is to be submitted with the sign ract. Purchase Order No. Revised 10-28-14 Page 1 of 2 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) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 1 Contract d, (Date) i Revised 16-28-14 Page 2 of 2 A` °RO® CERTIFICATE OF LIABILITY INSURANCE DA 12/1312013 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(!es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~MACT Hiscox Inc. PITONe . (888) 202-3007 a Nn : 520 Madison Avenue DAD~RESS! contactus@hiscoxusa.com 32nd Floor INSURERS AFFORDING COVERAGE NAIC A New York, NY 10022 INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURERS : Peters Consulting LLC RNSURER C 4497 Brownridge Terrace INSURER D : Suite 107 INSURER E: Medford OR 97504 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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, ENCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE AUDI SU POLICY NUMBER POLICY ~ POLICY M LIMITS MERCIAL GENERALLIABILITY 100,000 2XPOUCY L UARILRY EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occtmenca $ CLAIMS-MADE a OCCUR MED EXP Any one person ; 5,000 A Y N UDC-1406700-CGL-13 12/13/2013 12/13/2014 PERSONAL aAovMuRY $ 1,000,000 AGGREGATE $ 2,000,000 GREGATE LIMIT PLIES PER: PRODUCTS - COMPIOP AGG $ S/T Gen. Agg. PRO- LOC S AUTOMOBILE LIABILITY =I SINGLE LIMIT ANYAUTO BODILY INJURY (Par parson) $ ALL OWNED SCN®ULED B000,Y INJURY (Per sociderrt) S AUTOS AUTOS i PROPERTY DAMAGE HIRED AUTOS AUTOS NFD AUTOS oraccident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIM SM~gpE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION WCSTATU- ER AND EMPLOYERS' LIABILITY YIN IT OTH ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT ; OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory in NH) F-L DISEASE-EA EMPLO $ R yea, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY UM IT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) The City of Ashland, Oregon, and its elected officials, Officers, and employees are listed as additional insured With respect to Peters Consulting LLC services to be provided under this contract per the policy terms and conditions. r CERTIFICATE HOLDER CANCELLATION City of Ashland, Oregon 20 East Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ashland, OR 97520 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i EXHIBIT B ' Peters Consulting LLC Accounting and Business Services SDWRLF ADDITIONAL FUNDING SUPPORT A PROPOSAL TO: CITY OF ASHLAND, OREGON n l E u 1 A ..L: ZL. Peters Consulting LLC ' 4497 Brownridge Terrace, Suite 107 Phone: 619,952,43641 Medford, OR 97504 " chrispetersconsulting@gmail.com i. R Overview Purpose, Scope and Objectives The objeckive of this proposal is to assist the City of Ashland in obtaining additional State Revolving Loan Funds (SRF) from the Oregon Infrastructure Finance Authority (IFA) for the permanent pump station. Project Deliverables Deliverables include: • Task 1: Identify requirements to obtain additional funding. ($500,000-Safe Drinking Water Revolving Loan Fund) • Task 2: Submit required documents to the IFA for additional federally funded SDWRLF loan funds for the permanent pump station including follow-up coordination until the loan is awarded Schedule and.Budget Summary Item Budget Project Proposal (December.3, 2014) Task 1: Identify Requirements 4 hrs @ $85/hr = $340 Task 2: Submit required documentation to the IFA 16 hrs @ $85/hr = $1,360 Total Cost of SDWRLF Application Support $1,700 Page 1 / 1 CITY OF ~r . ASHLAND DATE PO NUMBER 20 E MAIN ST. 12/23/2014 12654 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 018469 SHIP TO: Ashland Public Works PETERS CONSULTING LLC (541) 488-5587 4497 BROWNRIDGE TERRACE #107 51 WINBURN WAY MEDFORD, OR 97504 ASHLAND, OR 97520 FOB Point: Ashland, Oregon Req. No.: Terms: Net Dept.: Req. Del. Date: contact: Scott Fleurv Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price SDWRLF Fundinq Support 1,700.00 Contract for Goods and Services Small Procurement Less than $5,000 Beginninq date: 12/8/2014 Completion date: 06/30/2015 SUBTOTAL 1700.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 1, 700.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.70420 E 200808.999 1,700.00 2. Authorized nature VENDOR COPY FORM#3 CITY OF ASHLAND REQUISITION Date of request: 12 -1 `bk kq Required date for delivery: -ASA-~ r~2 S co~s~~Tt~ Vendor Name Address, City, State, Zip 44ct e~7-ow&4 I?A4'7taE Ts,uzzc.!F_ 'Sox-M toa- AAZVR~0-0 02 -~25b9 Contact Name & Telephone Number (yuZts M4--s--Z _ 43~z1 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon © Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost $ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST IS Per attached quote/proposal $ Project Number ~Qt -a3 AccountNumber___ Account Number ? -C!, V5_-6E> -?04 2(n0' Account Number___- `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/ No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: (Equal to or greater than $5,000) Department ManagerlSupervis City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: Y NO Finance Director- (Equal to orgreater than $5,000) Date Comments: Form #3 - Requisition