HomeMy WebLinkAbout2015-072 Contract - KenCairn Landscape
1 Contract for GOODS AND SERVICES Small Procurement Less than $5,000
C I T Y or INDEPENDENT CONTRACTOR: KenCairn Landscape Architecture
ASHLAND CONTACT: Kerry KenCairn
20 East Main Street ADDRESS: 545 A St_ Ashland, OR 97520
Ashland, Oregon 97520
Telephone: 541/488-6W2
Fax: 541/4885311 TELEPHONE: 541-488-3194 FAX: 541-552-9512
BEGINNING DATE: March 25, 2015 COMPLETION DATE: May 31, 2015
COMPENSATION: Not to Exceed $2,000
GOODS AND SERVICES TO BE PROVIDED: Professional planning services to facilitate the removal of a mature cottonwood tree on public property
at 380 Clay St.. KLA will provide the following services and documents as needed to allow the city to remove the tree:
• Preliminary meetings, review documents and site analysis
• Drawings as needed
• Findings
• Attend City commission meetings to procure approval
(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 an exhibits or ancillary contracts or agreements having redundant or contra visions will be subordinate.
NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR
AGREE as follows:
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.
1. 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 wilt 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.
2. Ownership of Production: All documents, materials or items produced by Contractor pursuant to this contract shall be the property of City.
3. Statutory Requirements: ORS 2798.220, 279B.225, 2798.230, 2798.235, ORS Chapter 244 and ORS 670.600 are made part of this contract.
4. 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.
5. Termination: This contract may be terminated at any time by either party. If terminated, City agrees to pay Contractor for all services rendered
and reimbursable expenses incurred up to the date of termination.
6. 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.
7. 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.
8. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license.
9. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work.
10. 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.
11. 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.
12. 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: _KK
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.
C, Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily
Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
13. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon
14. 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 in orpor'ated by reference.
Contractor: City of Ashland:
Depa ment Head
KERRY KENCAiRN Prime
LANDSCAPE ARCHITECT Date
W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order NO.
Revised 12-24-14 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 noted 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:
`X_ (1) 1 carry out the labor or services at a location separate from my residence or is in a speck portion of my
residence, set aside as the location of the business.
-X_ (2) Commercial advertising or business cards or a trade association membership are purchased for the
business.
_X- (3) Telephone listing is used for the business separate from the personal residence listing.
_X- (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.
KERRY KENCAIRN March 25, 2015
Contractor (Date)
Revised 12-24-14 Page 2 of 2
ACQ W DATE (MM/CC+YYYYi
CERTIFICATE OF LIABILITY INSURANCE 0112812015:
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.`
]MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condilions of the
policy, certain policies.may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME Karen Bronson
LeatzOW Insurance PHONE (312} 930-5556 FAX (866) 741-2778
500 W. Madison St. - Suite 3000 EMAIL ADDRESS karen&eatzowinsurance,com -T
Chicago, 9L 60661 INSURER(S) AFFORDING COVERAGE NAIL #
INSURER A: New Hampshire Insurance Company 23841
INSURED
, r INSURER H - -
I Kencairn Landscape Architecture C. ~
545 A Street I INSURER C.
#2 I INSURER D
Ashland, OR 97520 INSURER E
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
fIND1CATED. 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 'ADD SUBR POLICY EFF POLICY EXP
TYPE OF INSURANCE POLICY NUMBER LIMITS
(MM ODNYYY) (MMIDDIYYYYI
LTR INS)A1VD
(EACH OCCURRENCE 5
-GENERAL LIABILITY - _Y--- I.
COMMERCIAL GENERAL LIABILITY I 1CAFAAGE TO REIyT6C ~5
PREMIS ES (Ea occurrence)
CUR
y AINIS MADE 1 OC 'MED EXP Any one perscr: 5
j DOES NOT APPLY PERSONAL AND ADv INJURY $
I~_----------_ f GENGRAL AGGREGATE is
GEML AGGREGATE LIMIT APPLIES PER. (PRODUCTS - COMPrCP AGG 'S
I
POLO' 7 PROJECT LCC
AUTOMOBILE LIABILITY COMBINED SINGLE LIIAR s
I, ;E
ANY AUTO Scheduled a acadenq
BODILY INJURY (Per person) S
L-P DOES NOT APPLY
ALL OWNED I I Non-owned BODILY INJURY (Per acadent) S
AUTOS Autos PROPERTY DAIA-0-E 5
Per accrderr;
Hired Autos
OUR I I - EACH OCCURRENCE
UMBRELLA LIAB 5 - . I,
--I L- U DOES NOTAPPLY I i AGGREGATE - IS
EXCESS LIAB I CLAIMS MADE I
DED RETENTION 5 - S
WORKERS COMPENSATION - I +C STATU I IGTH-
l +3+3 TORYLIMBS ~
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AND EMPLOYERS' LIABILITY YIN I iE ACCIDENT 1S
I IE L DISEASE - FJ5 EMPLOYEE IS
ANY OFFICER/MEMBER IXCLUDcCLMVE- I NIA -,I DOES NOT APPLY -
"EL DISEASE -POLICY LIMIT s - - I
1,000,000 each occurrence
A PROFESSIONAL LIABILITY 020452849 11/30/2015 10/3012015
1,000,000 aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
I
CERTIFICATE HOLDER CANCELLATION
City of Ashland, Public Works I5HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Attn: Scott A. Fleury ''EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
20 East Main Street ;THE POLICY PROVISIONS.
- - - r
Ashland, OR 97520
AUTHOR(ZED REPRESENTATIVE
I
LEATZOW INSURANCE I
G 1988-2010 ACORD CORPORATION- All rights reserved.
ACORD 25 (2010[03) The ACCORD name and logo are registered marks of ACORD
Page 1 / 1
CITY OF PO
TT
AS HLA1 ~I l.J' DATE ` NUMBER
20 E MAIN ST. 4/2/2015 12809
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 015296 SHIP TO: City of Ashland
KENCAIRN LANDSCAPE (541) 488-6002
ARCHITECTURE LLC 20 E MAIN STREET
545 A STREET ASHLAND, OR 97520
ASHLAND, OR 97520
FOB Point: Ashland, Oreqon Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Diana Shiplet
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
Professional planninq services to 2,000.00
facilitate removal of a mature
cottonwood tree on public property at
380 Clav Street.
Contract for Goods and Services Small
Procurement Less than $5,000
Beqinninq date: March 25, 2015
Completion date: May 31, 2015
SUBTOTAL 2,000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 2, 000.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 710.01.02.00.60410 2,000.00
Authorized Signature VENDOR COPY
FORM #3 CITY OF
ASHLAND
A, reqwest for aTurchase Order REQUISITION Date of request: (.S
Required date for delivery:
Vendor Name
Address, City, State, Zip 4 975-92.0
Contact Name & Telephone Number ~,,y~ egem Fax Number S4/- ss~ -9sia
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 Intergovern mental 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'
❑ Per attached quotelproposal $
660,
(00 too
Project Number______Account Number] L -QL -92-
Account Number Account Number
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes /No
By signing this re on form, I ce ' at the City's public contracting requirements have been satisfied.
Employee. Department Head:
(Equal to or greater than $5,000)
Department Manager/Supervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year. YES / NO
Finance Director- (Equatto orgreaterthan $5,000) Date
Comments:
Form #3 - Requisition