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HomeMy WebLinkAbout2015-101 Contract - Ann Disalvo CITY OF ASHLAND INDEPENDENT CONTRACTOR: Ann DiSalvo CONTACT: 541-482-2253 20 East Main Street ADDRESS: PO Box 183, Ashland, OR 97520 Ashland, Oregon 97520 TELEPHONE: 541-482-2253 Telephone: 541/488-6002 FAX. Fax: 541/488-5311 DATE CONTRACT FULLY EXECUTED: BEGINNING DATE: 05/06/2015 COMPLETION DATE:06/30/2015 COMPENSATION: $1000 plus cost of paint -not to exceed $300 SCOPE OF WORK: See Scope of Work attached as Exhibit C 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 have a current City business license. 3. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless against and from 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. 4. Termination: City's Convenience. This contract may be terminated at any time by the City. 5. Independent Contractor Status and Other Representations: Contractor is an Independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. Contractor certifies the accuracy of the representations in attached Exhibit A. 6. Insurance. Contractor 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. See Exhibit B (Back of Page). Worker's compensation insurance is required if work is performed by employees, subcontractors, or volunteers. BY INITIALING THE BLANK AT THE END OF THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: 7. Statutory Requirements: ORS, 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 8. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor has an asbestos abatement license. 9. 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. 10. Non-discrimination Certification: The undersigned certifies that Contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. 11. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon . 12. 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. Contractor City of Ashland By BY W-9 -One copy of W-9 is to be submitted with the signed contract. Contract for Personal Services, Page 1 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 (a) its business is not in violation of any Oregon tax laws; (b) if it is a corporation or limited liability company, it is in good standing under state and federal laws and the undersigned is authorized to act on behalf of the entity; (c) it is an independent Contractor as defined in ORS 670.600; (d) Contractor meets at least four of the criteria listed below and so indicates by placing Contractor's initials in the blanks before all the criteria Contractor meets: v (1) Contractor carries out the provided labor or services at a location separate from Contractor's residence or / in a specific portion of its 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) The telephone listing used for the business is separate from the telephone listing for Contractor's personal / residence. ✓ (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) Contractor assumes 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, Page 2 of 5 EXHIBIT B CITY OF ASHLAND WORKERS' COMPENSATION INSURANCE CERTIFICATION CERTIFICATION OF COVERAGE: Contractor will maintain Workers' Compensation insurance coverage for the term of the contract and will provide Certificate of Workers' Compensation Insurance before Project Beginning Date. CERTIFICATION OF EXEMPTION FROM COVERAGE: Contractor is exempt from the requirement to obtain workers compensation insurance under ORS / Chapter 656 for the following reason (initial the appropriate box). ~~V SOLE PROPRIETOR • Contractor is a sole proprietor, and • Contractor has no employees, and • Contractor will not hire employees or subcontractors to perform this contract. CORPORATION - FOR PROFIT • Contractor's business is incorporated; and • All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation, and • All work will beperformed by the officers and directors; Contractor will not hire other employees or subcontractors to perform this contract. CORPORATION - NONPROFIT • Contractor's business is incorporated as a nonprofit corporation, and • Contractor has no employees; all work is performed by volunteers, and lk • Contractor will not hire employees or subcontractors to perform this contract. \ PARTNERSHIP • Contractor is a partnership, and • Contractor has no employees, and • All work will be performed by the partners; Contractor will not hire employees or subcontractors to perform this contract, and • Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.** LIMITED LIABILITY COMPANY • Contractor is a limited liability company, and • Contractor has no employees, and • All work will be performed by the members; Contractor will not hire employees or subcontractors to perform this contract, and • If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.** *NOTE: Under OAR 436-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the corporation, or if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. "NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. G:11egal\CONTRACTS1Contracting WORKSHOP 20131Draft Personal Services Contract - Low Risk - Public Art 5-8-14.docx Contract for Personal Services, Page 3 of 5 EXHIBIT "C" Scope of Work Addendum Public Art - Painting three electric utility boxes in North Mountain Park This Scope of Work Addendum to the independent Contractor Agreement (the "Agreement") between Ann DiSalvo hereinafter "Artist" and the City of Ashland, hereinafter "City," relates to the terms and conditions to paint three designated electric utility boxes in North Mountain Park. The ARTIST has been commissioned for a design submitted and approved by the City Council. The design proposal is attached hereto. The ARTIST will create the WORK of the approved design. CITY has final approval rights. ARTIST SHALL Concept: The artist will paint three boxes that reflect the design approved by the City Council. Materials and Measurements and Installation Exterior House Paint Payment and Implementation Timeline Compensation: Not to exceed $1000 plus cost of paint May 2015 First invoice: Begin painting ($500) June 201 Second invoice: Pending final approval by member(s) of Public Art Commission ($500) Artist shall notify City when the project is complete so that it can be approved (or denied) based on the designs submitted. If denied, artist must modify the painting to accurately reflect the approved design. Cost of paint not to exceed $300. Artist must provide receipts for reimbursement Contract for Personal Services, Page 4 of 5 City of Ashland, Oregon Utility Box Beautification Project North Mountain Park Direct Commission: Ann DiSalvo, artist 541-482-2253 Location: This utility box project is located at North Mountain Park between the parks building and the ball fields. The utility boxes are adjacent to the recycling/trash station along a paved pathway. A concession/restroom building is a short distance away. The recycling/trash station has a mosaic/repurpose public art piece imbedded in the concrete pad. So much happens in this park. This is truly a multi-use park for sports, play, environmental education, nature, demonstration gardens, picnicking, contemplation, hiking, and viewing of fauna and flora. The utility boxes are centrally located to all these activities. Project: The three rectangular metal utility boxes are closely grouped and of differing sizes. The attachment provides a design template with exact dimensions of each. The boxes have been primed for painting with a neutral gray. While not indicated on the template, the largest of the boxes has architectural features protruding from portions of the box. Project Theme: This is a request for a quality public art piece. The boxes should be taken as a whole with each box relating to the other with the purpose of creating a single piece of art. The artwork should create a focal point for the park that draws people to this area as a location for recycling. The artwork should enhance the experience of the park with a joyful and colorful nonliteral contemporary design. Artist Concept: Based on the project theme and using the templates provided, the artist is requested to present an artistic concept which will be reviewed by the Public Art Commission. The PAC will review the concept for adherence to the stated project theme and guidelines for recommendation, city ordinance 2.29.130. Before implementation by the artist, the concept will be presented to the City Council for final approval. Commission Award: $1,000. There is an additional allowance of up to $300for paint purchased from Miller Paint. Project Timeline: Concept submitted to Ann Seltzer by April 23, 2015 Completion of painting the three boxes before June 30, 2015 Contract for Personal Services, Page 5 of 5 Page 1 / 1 CITY OF . -AC H i ANiJ j`~ DATE PO NUMBER 4/22/2015 12834 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 VENDOR: 014457 SHIP TO: City of Ashland DISALVO, ANN (541) 488-6002 621 A STREET 20 E MAIN STREET ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Ann Seltzer Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Paint (3) utility boxes in North 1,000.00 Mountain Park Contract for Personl Services (Actually one of the initial versions of the Small Procurement contract, need to use current version of contract.) Beqinninq date: 05/60/2015 Completion date: 06/30/2015 Parks a/c #211 12 03 04 601 450 SUBTOTAL 1.000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 1,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount B 920.21100 750.00 E 710.01.02.00.60410 E 000180.999 250.00 AuthoFFted Signature VENDOR COPY FORM #3 CITY OF ~S H LA N D REQUISITION Date of request: Required date for delivery: Vendor Name ` r Address, City, State, Zip Contact Name & Telephone Number ,,_t Fax Number 4L 12 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 []~-D sect 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 PA~111_ -3 4n 44,~f ~A ilQlko *AW~_ kL $ ~Di9f Dv ~ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost L 2 lp 0 -Ff 26- a~ I1 ,7 I~ TOTAL COST ❑ Per attached quotelproposal / $ v Project Number boa gg -CjQq Account Number ]JQ- Dl - a-0 a- k 08 0 D l ~ D © ~ Account Number___-__-_ Account NumberoA-1~_-0) -Pg4I JR3f `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 forme, I certify that the City's public contracting requirements have been satisfle ( _ Employee i,Y1,I~ U /A dl,) Department Head: ` -----J - v- V (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- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition