HomeMy WebLinkAbout2004-239 Contract - Beery Elsner & Hammond
CITY OIF
ASHLAND
CONSULTANT SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: Beery, Elsner, & Hammond, LLP
City Hall Address: 1750 SW Harbor Way, Suite 380
20 E. Main St. Portland, OR 97201-5164
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503-226-7191
FAX: (541) 488-5311 FAX: 503- 226- 2348
Date of this agreement: 10-18-2004 ~ B: RFP date:
Proposal date: 6-3-2004
~2.2. Contracting officer: Ann Seltzer
~2.4. Project: City of Ashland Charter Review and Revision
~6. Consultant's representative: Thomas Sponsler
~8.3. Maximum contract amount: $8,340
B. On the date noted above, Consultant submitted a proposal in response to City's request for proposals (RFP) for consulting
services needed by City for the projeet described above.
C. After reviewing Consultant's proposal, City selected Consultant to provide the services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant: Consultant accepts the relationship of trust and confidence established between
Consultant and City by this contract. Consultant covenants with the City to perform services and duties in conformance to and
consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the locality of
the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties
in furthering the interests of City with respect to the project. In order to promote successful completion of the project in an
expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of the project
to which this contract applies, serve as City's professional consulting representative for the project, and give professional
consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide
professional consulting services in a manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting
services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end on completion of all services
required by this contract unless sooner terminated as provided in this contract.
4. Authority of ContractinQ Officer: The contracting officer shall have the authority to act on behalf of City in the administration
and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit
instructions, receive information, interpret and define City's policies and make other decisions with respect to Consultant's
services.
5. ConsultinQ Services: Consultant shall provide services to City described in the RFP and the Consultant's Proposal letter of 6-
03-04. The total cost set in that letter was $9060. The Consultant has performed tasks listed under the first bullet point of the
RFP and phase one of the proposal under a previous agreement with the City for which the City will pay Consultant $1 ,220.
Consultant has agreed in addition to provide the Charter Review Committee with a copy of the current Ashland Charter with
sections separately identified that in Consultant's opinion are outdated, covered by state law, better as ordinances, or are
political decisions for the City. Consultant agrees that the cost for the additional task shall not exceed $500 and is included
within the $8340 not to exceed cost in Recital A.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative
to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's
representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services as part
of the statement of account for services.
5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for
completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written authorization from the
contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is consistent with
professional skill and care and the orderly progress of the project. Upon request of City, Consultant shall submit for City's
approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for
periods of time required for City's review and approval of Consultant's services. Each schedule, approved by City, shall become
a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally accepted
standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the
coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any
error or deficiencies in the services that are caused by Consultant's negligence. City's review, approval, acceptance of, or
payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action
arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent performance of any of
the services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such breach or
negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sent,ence shall not
be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by
Oregon law.
6. AssiQnment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in
Recital A above, who shall act as Consultant's representative in all communications and transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultant's
employees to perform services if the requests are consistent with sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the possession or control of City
and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as
required for Consultant to perform thE~ services.
7.4. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the
project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in
performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City.
Reimbursement will be made for mileage and direct expenses incurred for travel to Ashland for the two meetings described in the
Consultant's Proposal letter of 6-03-04.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the end of the
month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above by
more than ten percent.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall
promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City
and city governments with respect to the services including, but not limited to, provisions of ORS 279.312,279.314,279.316 and
279.320.
9.2. Pursuant to ORS 279.3'16(2) any person employed by Consultant who performs work under this contract shall be
paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or
exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Consultant
certifies to City that Consultant has workers' compensation coverage required by ORS Chapter 656. A copy of the Information
Page of Consultant's insurance with SAIF is attached to this agreement.
9.4. If the amount of this contract is $15,713 or more, Consultant is required to comply with chapter 3.1:2 of the
Ashland Municipal Code by paying a liiving wage, as defined in this chapter, to all employees performing work under this contract
and to any subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post
the attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City. To the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify
and hold harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and
losses arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior
written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the servicBs which are
adequate for evaluating Consultant's performance. Consultant shall maintain records in such a manner as to provide a clear
distinction between the expenditures and revenues related to the project and the expenditures and revenues related to
Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to verify
Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and l"ecords by a
certified public accountant retained by City.
12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless
from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person
(including injury resulting in death,) or damage to property (including loss or destruction), of whatsoever nature
arising out of or incident to the negligent performance of this contract by Consultant (including but not limited to,
the negligent acts or omissions of Consultant's employees, agents, and others designated by Consultant to
perform work or services attendant to this contract). Consultant shall not be held responsible for any claims,
actions, costs, judgments, damages or other expenses, directly and proximately caused by the ne~lligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A professional errors and omissions liability policy; and
13.1.2. A comprehensive automobile liability policy including owned and non-owned automobiiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made
under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury
and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable,
except for the coverage required by subsection 13.1.2.
13.4. A copy of the Declarations Page of Consultant's insurance with State Farm Fire and Casualty Company is
attached to this agreement.
'14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this
contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity.
If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without
allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable
or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson
County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by givin!~ Consultant
written notice sixty days prior to the termination date.
15.2. In addition to the right Ito terminate this contract under subsection 14.3, Consultant may complete such analyses
and records as may be necessary to place its files in order and, where considered necessary to protect its professional
reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned and costs
incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and
may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A
above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the
Consultant in Recital A above.
17. AssiQnment: City and Consultant and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of
the other party. Consultant shall not assign or subcontract Consultant's rights or obligations under this contract without prior
written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to
anyone other than City and Consultant.
18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties.
Consultant
By~M~
Fed. 10 #93-123801
CITY
BY
BY
Date: f l-uC; - f} Cf
By
Date: 1/ -{J-t?Lf
Coding
(for City use only)
C I T Y 0 F ASH LAN D, 0 REG 0 N
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
City of Ashland
LIVING
WAGE
~per hour effective Jun.!! 30, 2004
.411
.,-~
.(Increases annually every JUl1le 30 by the
Consumer Price Index)
~ For all hours worked under a service contract between their employer and the City of Ashland if the contract
exceeds $15,964 or more.
~ For all hours worked in a month if the employee spends 50% or more of the employee's time in that month
working on a project or portion of business of their employer, if the employer has ten or more employees,
and has received financial assistance for the project or business from the City of Ashland in excess of
$15,964.
~ If their employer is the City of Ashland including the Parks and Recreation Department.
In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible
cafeteria plans (including childcare) benefits to the amount of wages received by the employee.
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 will be seen by all
employees.
CITY OF
ASI~LAND
Policy Number
97 -CB-1336-0
DECLARATIONS PAGE
AMENDED NOV 20 2003
STATE FARM FIRE AND CASUALTY COMPANY
PO BOX 5000, DUPONT WA 98327-5000
A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS
Named Insured and Mailing Address
1603-F477 V
ELSNER, PAUL & PAMELA J
1750 SW HARBOR WAY STE 380
PORTLAND OR 97201-5106
(~EIVE,D
DEC 0 8 2003
(~\;' f~. N F R ! L I>
Cov A - Inflation Coverage Index: N/A
BUSINESS POLICY - SPECIAL FORM 3 Cov B - Consumer Pricelndex: 185.2
AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically
subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we win
give you and the Mortgagee/Lienholder 'written notice in compliance witH the policy provisions or as required by law.
Policy Period: 12 Months The policy peri~d begins and ends at 12:01 am standard time at the
Effective Date: DEC 29 2003 premises location.
Expiration Date: DEC 29 2004
Named Insured: Partnership
Location of Covered Premises:
1750 SW HARBOR WAY STE 380
PORTLAND OR 97201-5106
Your policy is amended NOV 20 2003
NUMBER OF ADDL INTERESTS CHANGED
Coverages & Property
Section I
A Buildings
8 Business Personal Property
C Loss of Income - 12 Months
Other items shown are effective
with the policY's 2003 renewal
Limits of Insurance Uccupancy: Off 1 ce
Excluded
$ 114,600
$ Actual loss
Section"
L Business Liability
M Medical Payments
Products-Completed Operatio ns
(PCO) Aggregate
General Aggregate (Other
Than PCO)
$
$
$
$
1,000,000
5,000
2,000,000
2,000,000
Deductibles - Section I
$ 1 ,000 Basic
In case of loss under this policy, the deductible will be
applied to each occurrence and will be deducted from the
amount of the loss. Other deductibles may apply - refer to
policy.
Endorsement Premium None
Forms, Options, and Endorsements
Special Form 3
Amendatory Endorsement
Tree Debris Removal
Business Policy Endorsement
Glass Deductible Deletion
Protective Safeguard
Advertising Injury Excl
FP-6103
FE-6237.1
FE-6451
FE-6464
FE-6538.1
FE -6303
FE-6345
Discounts Applied:
Renewal Year
Years in Business
Protective Devic$s:'''''.''.'':;c;:;,\~ ;-::Eor>:;E S. FLESUHp.C, Ac::'!n
Claim Record & ),(~.:j. M 41 OE; i\E Fremont c:.t -, ';:;J~"'
~ f~;:"~!iJ'1J;;:" '::J I ." .....
f;"~':'~ r ortianCI, uR 97'212
~ :v,,~::'N C ?R' ~c;~. (~g~~) ~:;~?iC~2/~
Prepared
NOV 21 2003
FP-8030 .2C
06/1993
Your policy consists of this page, any endorsements
and the policy form. PLEASE KEEP THESE TOGETHER.
Continued on Reverse Side of Page
OTHER LIMITS AND EXCLUSIONS MAY APPLY. REFER TO YOUR POLICY
"', ~ /'" ?
Co ter$igned ~~ ':J ~~_ ~ J
\ ' ) , 1\,- n '"
By (~ ,,\ () Q~J~ /"') ,--K-~J.I'~~~~
GEORGE FLESU RAS
(503) 287-0027
A07G
Age nt
(o1f2172b)
S8iFCORPORATION
Information Page
Carrier No: 20001
Policy No: 900543
Employer Identification Number: 93-1234801
Item 1. The Insured:
BEERY AND ELSNER LLP
Entity Type:
LIMITED LIABILITY PARTNERSHIP
Mailing address:
BEERY AND ELSNER LLP
1750 SW HARBOR WAY STE 380
PORTLAND, OR 97201-5164
Other workplaces not shown above:
NONE
Item 2. The policy period is from 01-01-2004, 12:01 A.M. to 01-01-2005, 12:01 A.M. at the insured's mailing
address
Item 3. A.
Workers Compensation Insurance: Part One of the policy applies to the Workers
Compensation Law of the states listed here: OREGON
B.
Employers Liability Insurance: Part Two of the policy applies to work in each state listed in
item 3.A. The limits of our liability under Part Two are:
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Bodily Injury by Disease $500,000 policy limit
C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here:
NONE
D. This policy includes these endorsements and schedules:
WC000414 Notification of Change in Ownership Endorsement
WC000420 Terrorism Risk Insurance Act
WC000406A Premium Discount Endorsement
WC990402C Claim Rating Plan Endorsement
WC360406 Premium Due Date Endorsement
WC000310 Coverage Endorsement - Partners
WC000310 Coverage Endorsement - Partners
WC360301 Oregon Unsafe Equipment Exclusion Endorsement
Item 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating
Plans. The premium and rates and the experience rating modification factor, if any, may change on
your anniversary rating date of 01-01-2005. All information required below is subject to verification and
change by audit.
I Estimated Rate Per
Policy Period $100 of Estimated
Description Pavroll Pavroll Premium
Class
Period: 01/01/2004 - 12/31/2004
Beery And Elsner Lip
8820 03 Law Office & Cler/Messenger/Dr
8820 03 Paul Elsner
8820 03 Pamela Beery
Total Payroll
$150,000
$20,800
$20.800
$191,600
0.27
0.27
0.27
$405
$56
$56
CITY RECORDER'S COpy
Page 1 /1
PO NUMBER
05568
VENDOR: 006105
BEERY,ELSNER,& HAMMOND LLP, ATTORNEYS J
1750 SW HARBOR WAY SUITE 380
PORTLAND, OR 97201-5164
SHIP TO: City of Ashland
(541 ) 488-6002
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 10/18/2004
Speciallnst:
Req. No.:
Dept.: ADMINISTRATION
Contact: Ann Seltzer - Admin
Confirming? No
'7\$li;tK>J:tE;~~~ltit~I~1;. ::0';
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
9 174.00
0.00
0.00
9,174.00
E 710.01.02.00.604100
9 174.00
~'/~
# - / .
A orized Signa ure
VENDOR COpy
CITY OF
A~;HlAND
REQUISITION FORM
Date of Request: 111- 9 - 0 'I
THIS REQUEST IS A:
D Change Order( existing PO #
.)
Required Date of Delivery/Service: lel1q~;~
&r~ J r.;:lSnp { tr trnlYWY\GM LLP J TD fY1 J f {Jill 112/
fl:lJ{)~~u: 1,)~j,D~7)~j I,r,,; 1-1 :if 0
50,~" ;),J{t"-ll'i'l (f.j)/\f) -nJJ'" :J.)f"...A3l/2 f-t-df..-J
Vendor Name:
Address:
City, State, Zip:
Phone:
Fax Number
Deliver Location
Services Only
Description
Total Cost
Solicitation P'rocess:
C/dvtei ku,~ UvU- UJI1i ,^-(faiir- o Exempt o 3 Written Quotes
(copies attached)
III ()~~ o Sole Source o Invitation to Bid
(copies on file)
/;>'..... _I C";'-;A ~L J 0"'" o Less than o Hequest for
I $ C) /7<7 ~
fe3'iC .l- l C' PI () $5000 Proposal (copies on file)
Project Number
Account Number7Lfl-QL .I~ J:Jz,.(;_~!lJQO
*PJease attach the Original signed contract and Insurance certificate.
Materials Only
(:7-);
.~.t.c ;,_<
,g_._~) / ;2.-e.1..r:: 5--
Item # Quantity Unit
Description
Unit Cost Total Cost
TOTAL COST OF
THE MATERIALS
Project Number
Account Number
. . . .
____H _._ .M.~_ __ ._______
Employee Signature:
NOTE: By signing this requisition form, I c ify that t
~se atta t e quotes.
Supervisor/Dept. Head Signature: ~
bove request meets the City of Ashland Solicitation Process requirements an
when necessary.
G :Finance\Procedure\AP\Forms\8_Requisition form. doc
Updated on:07/15/02