HomeMy WebLinkAbout2016-005 Contract - Rogue Planning & Development
Contract for GOODS AND SERVICES Small Procurement Less than $5,000
c r T Y OF INDEPENDENT CONTRACTOR: Rogue Planning and Development
ASHLAND CONTACT: Amy Gunter
20 East Main Street ADDRESS:
Ashland, Oregon 97520 6
Telephone: 541/488-6002
Fax: 5411488-5311 TELEPHONE: 541-951-4020: FAX:
BEGINNING DATE: 12/17/2015 COMPLETION DATE: No Later than June 30, 2016
COMPENSATION: $100 per hour not to exceed $3,000
GOODS AND SERVICES TO BE PROVIDED:: Assessment of the current Ashland Acres radio site as a suitable build site for a taller radio tower;
inquiry with the Jackson County Planning Department to ascertain what process would need to be followed to obtain a permit for the radio tower;
working with the Jackson County Planning Department and Commission to apply for, justify, and obtain a permit to build the taller radio tower
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,
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, 279B.225, 2798.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract.
5. Indemnification: Contractor agrees to defend, indemnity 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 shat{ 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 $2,000,000 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.
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.
Contra tor: City of Ashland:
.'1 B t f! i`~ t~,t
Signature Pepartmer<zt ae!
Print Name Xint N e
- 4-3
Title Date
W-9 One copy of a W-9 is to be submitted with the signed contract. 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 notitied 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 (Ili) 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.
f (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.
yt KC2
Contract r (Date)
7
Revised 10-28-14 Page 2 of 2
Donald Gaddis Co., Inc. B I N D E R
Policy No. MPL1678915.16
Previous No.
Agent/Broker Name: Named Insured:
ROGUE PLANNING &
DEVELOPMENT SERVICES, LLC
CC SERVICES INC. 1424 S. IVY ST.
BROKERAGE DIVISION MEDFORD OR 97501
1711 G.E. ROAD
P.O. BOX 2020
BLOOMINGTON IL Name of Insurer(s)
61702-2020 HISCOX INC. 100%
(309) 821-2926
Binder Effective: 01-14-16 to 02-13-16
Policy Effective: 01-14-16 to 01-14-17
12:01 A.M. Standard Time
Consultants Professional Liability Coverage Part: Claims-Made and Reported
Professional Liability (PL) Aggregate Limit $ 1,000,000
Each Claim Limit $ 1,000,000
Bodily Injury/Property Damage Aggregate Limit $ 50,000
Defense of Licensing Proceedings Aggregate Limit (Separate Limit) $ 25,000
Subpoena Assistance Aggregate Limit (Separate Limit) $ 10,000
Retention $ 2,500
General Liability Coverage Part: Occurrence
General Liability (GL) Aggregate Limit $ 2,000,000
Each Occurrence Limit $ 1,000,000
Per Location Aggregate Limit $ 0
Products and Completed Operations Each Occurrence Limit $ 1,000,000
Personal and Advertising Injury Each Claim Limit $ 1,000,000
Damage to Premises Any One Premise Limit $ 50,000
Medical Payments Each Person Limit (Separate Limit) $ 15,000
Retention $ 2,500
HISCOX TERMS AND CONDITIONS AS QUOTED
PREMIUM $3,762.00
Broker Fee $100.00
TOTAL $1,862.00
CONDITIONS: The Insurers bind the kind(s) of insurance stipulated above. This insurance is
subject to the terms, conditions and limitations of the policy(ies) in current use by the
Insurers. This binder may be cancelled by the insured by surrender of this binder or by
LDate:January en notice to the Insurers stating when cancellation will be effective. This binder may
ncelled by the Insurers by notice to the Insured in accordance with the policy condition.
binder is cancelled when replaced by a policy. If this binder is not replaced by a
y, the Insurers are entitled to charge a premium for the Lein ccord,Zpe to the rules
' a~ ✓
ates in use by the Insurers.
21, 2016
(OMNI 7 DC0642-4 4082 1 0 60 9 2 10852) Copy-