HomeMy WebLinkAbout2016-194 Contract - Nancy Wylie Design
Contract for GOODS AND SERVICES Small Procurement Less than $5,000
C I T Y Of INDEPENDENT CONTRACTOR: W I'
-ASH LAN D CONTACT: !%!7
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 57~1 cr'
~ Tele hone: 541/488-6002 • Fax: 541/488-5311
TELEPHONE: Z_, FAX:
BEGINNING DATE: -1111 J U COMPLETION DATE: (0/d /1('
Nor to~x
COMPENSATION:
GOODS AND SERVICES TO BE PROVIDED:
In the event of conflicts or discrepancies among Co tract 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, 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. 1„eurance ~ si:9r-shel 9-Own ax{~pn~P nrnviria the following insillwnce:
a. a. which re uire v• un.wQ kers'
ployees,
s rs. Nlor ~ b L& 19 u
BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THAT THE WORK REQUIRED BY THIS
CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: -
21~%V -
b ice for Bodily Injury
a o k AP( csb k. N--A Ct
C. nt-f r oOiy •
d va#a icl6 s as~ap$4i6~i8.~ LAAv l4'
14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon J
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.
Contracto : City of Ashland:
By By
Sit rE) Depa ment Head
Print Na e Print Name
Mn 7/t,
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 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.
L (2) Commercial advertising or business cards or a trade association membership are purchased for the
business.
V (3) Telephone listing is used for the business separate from the personal residence listing.
V (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.
• r / l/
/J
)VV)n
Co tra~o/ (Date)
Revised 10-28-14 Page 2 of 2
CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ashland
LIVING
WAV%E
per hour effective June 30, 2014
(Increases annually every June 30 by the
~r Consumer Price Index)
portion of business of their 401 K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the project or the employee.
➢ For all hours worked under a business from the City of
service contract between their Ashland in excess of ➢ Note: "Employee" does not
employer and the City of $20,142.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve-
Ashland including the Parks month period. For more
➢ For all hours worked in a and Recreation Department. details on applicability of this
month if the employee spends policy, please see Ashland
50% or more of the ➢ In calculating the living wage Municipal Code Section
employee's time in that month employers may add the value 3.12.020.
working on a project or of health care, retirement,
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
Contract for Personal Services, Revised 07/08/2014, Page 5 of 5
Nancy Wylie Design (916) 812-9148
3790 Erlewine Circle
Sacramento, CA 95819 nancymay.w(a-gmail.com
Libby VanWyhe
00002 N.Mountain Park Nature Center
5/12/2016 Ashland Parks and Recreation Dept.
Date Description Quantity Cost Balance
5/11/2016 Polinator and Rain Garden Illustrations $
One illlustration of the oval shaped garden at the bottom with 1.00 200.00 200.00
falling rain drops and indication of water on the ground
flowing into the garden.
Several small sketches (separate files) of various butterflies 8.00 40.00 320.00
.and bees.
- Any changes after final approval $50 per hour or as
needed on an ongoing basis.
Total ' $ 520.00
1/2 of fee due upon approval of preliminary sketches.
Balance due upon completion and receipt of work as approved.
Pollinator/ Rain Garden - Interpretive Sign
Intangible Value: Inviting Nature In - (pollinators and water are invited in to the garden)
Sign Theme: Landscaping choices can "invite nature into a space", helping to meet multiple sustainability goals in one
garden.
Objectives
• The viewer will be able to identify two landscaping choices that invite/encourage the presence of natural elements and
beneficial species in the garden. (Knowledge)
• The viewer will be able to explain one personal or conservation benefit of each landscaping choice. (Comprehension)
• The viewer will notice and be able to generalize key features that make a quality pollinator garden or a rain garden.
(Comprehension)
Desired Disposition
• The viewer will further investigate one or both of these landscaping alternatives, OR will share this information with
others. (Affective domain, valuing)
Title: Catching Drips, Drawing Sees
SubTitle: This multipurpose landscape invites nature in!
Header 1 (left): A rain garden to receive storm water
Text 1: This garden receives run-off, reducing flooding and recharging the groundwater. Rain gardens keep pollutants out of
storm drains and creeks. The native plants growing here help filter out oil, excess nutrients and other toxins.
Header 2 (left): What to notice
Text 2: This park's hard surfaces are designed to slope toward the rain garden, which has deep soil to encourage infiltration.
A variety of plants create garden habitat. Upland species are planted near the edge, and water-loving plants grow well in
basin near the overflow drain.
Header 3 (right): A pollinator garden to attract bees and butterflies
Text 3: Our gardens, parks, farms and habitats all benefit from bees and butterflies. Sadly, these important insects are in
decline due, in part, to habitat loss and pesticide use. This garden is a flowering refuge that supports pollinators in our
community.
Header 4 (right): What, to notice
Text 4:
This garden, and most of the lands managed by Parks and Recreation, are pesticide and herbicide free. A variety of flowering
plants ensures continuous blooms from early spring to late fall. Many of the plants here are native and drought tolerant too!
Footer: Contact our partners for more information. This project was made possible by: Bee City USA - Ashland, Pollinator
Project Rogue Valley, Jackson Soil and Water Conservation District, Ashland Parks and Recreation Commission.
Graphic Elements
Below the text, centered the middle-bottom of the sign, an illustration of the rain garden (like a slim oval), with flowering
plants growing up a couple of inches from the oval. Then, on the left hand side of the sign, a wash of blue rain streaks
entering the garden and overlaying the text slightly. And on the right side, bees and butterflies flying around the perimeter of
the sign, and visiting the flowering plants. Flying pollinators also overlap the text slightly on the right hand side.
. NANCY WYLIE DESIGN
3790 Erlewine Circle
_Sacramento, CA 95819
916.812.9148
nancymay.w@gmail.com
May 11, 2016
Libby VanWyhe
Manager, North Mountain Park Nature Center
Ashland Parks and Recreation Department
620 N. Mountain Ave, Ashland, Oregon 97520
Dear Libby,
After reviewing your correspondence and attachments I have created the following estimate:
Create watercolor illustrations for the Pollinator/ Interpretive Sign.
I see this as two Illustrations, one (for the left panel) that includes the oval shaped garden, rain
drops falling on the plants/flowers. To the left of the garden an indication of the rain water on
the ground and how it flows into the garden (per the slanted nature of the earth to collect the
water.
The right side panel. In order to allow you flexibility with the text, I would recommend several
illustrations of bees and butterflies. That way you can place them where you would like to and
size them accordingly, maybe even use them more than once. Also could add some that are on
the flowers in the illustration mentioned above.
I would provide preliminary sketches in pencil for us to work out the actual details of the plants
and insects that you want to use. I will do one preliminary sketch and one revision, upon receipt
of your feedback.
My estimated time to prepare the preliminary pencil sketches is two weeks. Once a sketch is
approved there will be another 2 - 3 weeks to complete the watercolor sketches.
Thank you for thinking of me in regards to this project. I would really enjoy the opportunity to
work with you. Please see the attached cost estimate that details the pricing.
Please contact me if you have any questions or concerns.
Sincerely,
Nancy M. Wylie
Nancy Wylie Design
Purchase Order
Fiscal Year 2017 Page: 1 of: 1
THIS NUMBER l LLS- -A RR A '-L
fAtV -Icts, f~~ ~1GPA-RERSr_
B City of Ashland
I ATTN: AP
L 20 E. Main Purchase n
L Ashland, OR 97520 Order # 25
TO Delivery must be made within doors of
specified destination.
V S
E NANCY WYLIE DESIGN H C/O Parks Department
N 3790 ERLEWINE CIRCLE I Admin Office
D SACRAMENTO, CA 95819 P 340 South Pioneer
O T Ashland, OR 97520
R O
nt3 r P vn6_Number 1~endior F~a Number Re vi rhon Dumber elirery_ F~eforen = _
916 812-9148 LIBBY VAN WHYE
_ I ate ?rdered Vdnd_ or Number = Date Required Freight Method]Terms De afion:-y__
~07/18/2016 1.726 FOB ASHLAND OR Parks Accounts Payable
DesuiionlPa QTY U:OM Un P-i.-ferri?r~~e
POLLINATOR PRJCT ILLUSTRATION
The Above Purchase Order Number Must Appear On All
Correspondence - Packing Sheets And Bills Of Lading
1 Illustrations for Pollinator Rain Garden Sign at Ashland Creek 1.0 $520.00 $520.00
Park as per itemized attachment.
Contract for goods and services - Small procurement less than
$5,000
Beginning 07/01/16
Completion 10/01/16
GL Account: $520.00
GL SUMMARY
125301 - 601200 $520.00
By:
Authoriz d Signatufe
-~_r
B
y.
Authorized`Signature PQ Total - $520.00
FORM #3 CITY OF
L~s
ASHLAND
REQUISITION Date of request: 5/13/16
Required date for delivery:
Vendor Name ianr v Wylie Design
Address, City, State, Zip 3M FrlPwinP Cirrla Sarr;;mpntn CA g5819
Contact Name & Telephone Number Nancy Wylie (916)8 12 9148 nancymay.wQgmail, com
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
Illustrations for Pollinator Rain Garden Sign at Ashland Creek Park. See attached itemized $520
Estimate. V'o 1v0- p/t i T, &WI
Item # Quantity Unit Description of MATER ALS Unit Price Total Cost
TOTAL COST
® Per attached quote/proposal $520
Project Number _ _ _ _ _ _ - _ _ _ Account NumberL t - t L 03 - c 10-PAIDD
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 requisition form, l certify that the City's public contracting requirements have been satisfied.
Employe: y Department Head:
(Equal to or greater than $5,000)
Department Manager/Supervisor:
(~A V. City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year YES / NO
Finance Director (Equal to or greater than $5,000) Date
Comments:
Form #3 - Requisition
APRC FACI-LITY
RENTALS
CERTIFICATE OF LIABILITY
INSURANCE
2015
j, 6 ly
JAL
' a~reecaEi