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HomeMy WebLinkAbout2015-048 Contract - Northwest Biological Consulting Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF ~ INDEPENDENT CONTRACTOR',11d.e'rVwy ff 6 o l ,5 y ~yyl ~ 4n 3'✓/t.;z -A,S H LA N D CONTACT: .5- -ti- 20 East Main Stmt ADDRESS: Ashland, Oregon 97520 (O 5'0 Ash 14.n 4<6-, 4.rA Telephone: 541/488-6002 q 7s e Fax: 541/488-5311 Sy/ //~j3 - io 6 / c TELEPHONE: L FAX' S - .4_ c V BEGINNING DATE: L - 2 .7 / J COMPLETION DATE: 2 -2-7 - COMPENSATION: - OGo VV GOODS AND SERVICES TO B PROVIDED: Sc. t hFq ~h e c Ek>7 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, 2796.225, 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. i 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. tgsurance. 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 $1,000,000 for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. c_ Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily 1 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 f r 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 7ce. Contractor: City of Ashland: s By By igptur Department Head„ r' ,IVY vtz / C~9~rk0` Pri t Narrl~ Print Name h t h C, F 3'f ~~v 6 r`C~ 12.3 /s- Title C vst S'r. H, Date W-9 One copy of a W-9 is to be submitted with the signed contract Purchase Order No. App VEDAS M y Asttlatid Attorney Revised 10-28-14 Page 1 of 2 pate.. i' k EXHIBIT A I 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 taws, 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. X (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. (6) I 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. Contractor (Date) Revised 10-28-14 Page 2 of 2 NORTHWEST BIOLOGICAL CONSULTING NASiTA' PEST OPATION - ENVIRONMENTAL PLANNING Ca Eng neenng ControctOrS L,c =599428 EXHIBIT B February 23, 2015 WORK PHASE TASKS AND ESTIMATED COSTS Phase 1: • Coordinate and Meet with City Engineering Staff, Thorton Engineering, and Pardee Landscape Architect, to Gather Background Information Regarding the Proposed Independent Way Road Crossing over Hamilton Creek. • Complete two Site Visits and Photograph the CMP Outlet and Downstream Creek Reach to illustrate Existing Conditions (Incision, Slope, Roughness, etc) • Review of technical passage criteria and Past Projects to Examine Fish Friendly Street Crossing Design Options Using Culverts or Bridges and Grade Control Structures that are Approved by Regulatory Agencies. • Include Simple Off the Shelf Conceptual Drawings and Photographs of Similar Stream Crossing Projects in Ashland to Demonstrate Applicability to the Independent Way Stream Crossing. • Provide Rationale Letter with Recommendations, Selection Criteria, Conceptual Drawings, and Photographs to City Engineering Staff. The Comparison of a Regulatory Agency Approved Culvert Crossing Design to Bridge Spanning Options will be the Main Focus of the letter. Cost Estimate, NTE $1,600 (16 hrs @ $100 per hr.) NORTHWEST BIOLOGICAL CONSULTING HABITAT RESTORATION - ENVIRONMENTAL PLANNING Cal Engineering Contractors Lc =599428 Phase 2 (Based Upon Phase 1 Review Comments and Approvals by the City) • Meet with City Engineering, Thorton Engineering, and Landscape Architect and Others to Help Define Design Parameters for Culvert Crossing. • Work with the Above Parties to Develop Plan and 30% Preliminary Design for Road Crossing of Hamilton Creek. 30% Design is Necessary for Regulatory Permit Applications to gain Approval. • 30% Design Will Include Drawings and Notes for a Culvert System that are Approved by Regulatory Agencies for Anadromous Fish Passage. • Preliminary Design will Also Include Drawings and Notes for a Series of Rock Weir Grade Control and Step Pool Structures that Work with the Culvert to Obtain the Optimum Grade Design to Provide Fish Passage and Stable Creek Bed and Banks. • Provide Construction Cost Estimates for Culvert and Bridge Designs. • Present Preliminary 30% Plans and Design, and Cost Estimates to Engineering and Planning Department and Others as Necessary. COST ESTIMATE: NTE $3,000 (30 HRS @ $100 PER HR) OP ID: DS ACORD CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) `64.~ 02/24/2015 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions 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). ONTACT PRODUCER Phone: 541-779-0177 NAME: Insurance Marketplace, Inc. Fax: FAX 772-8235 A/C FAX , N EXt : A/C, No : 1998 Skypark Dr Suite 100 0 Medford, OR 97504 E-MAIL ADDRESS: Insurance Marketplace Inc. PRODUCER NORTH32 CUSTOMER ID INSURER(S) AFFORDING COVERAGE NAIC # INSURED Northwest Biological Consultin INSURER A: ROckhlll Ins. Co Scott English, Dba INSURER B: Progressive Casualty Insurance 650 Ashland St Ashland, OR 97520 INSURERC: INSURER D : 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 INDICATED. 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 MD-DL SUB POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A COMMERCIAL GENERAL LIABILITY ENVP010334-00 07/22/2014 07/2212015 DAMAGES ( RENTED PREMISES Ea occurrence $ CLAIMS-MADE El OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ X Professional Liab GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 B ANY AUTO 03528607-0 02/23/2015 08/2312015 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION C STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TWORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is additional insured if required by written contract. CERTIFICATE HOLDER CANCELLATION ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland its Officers ACCORDANCE WITH THE POLICY PROVISIONS. and Employees 20 E Main Ave AUTHORIZED REPRESENTATIVE Ashland, OR 97520 Insurance Marketplace Inc. ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD _ . w Page 1 / 1 CITY OF ASHLAND DATE' PO'NUMBER 20 E MAIN ST. 2/26/2015 12745 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 017154 SHIP TO: Ashland Public Works NORTHWEST BIOLOGICAL CONSULTIN, SCOTT 1 (541) 488-5587 324 TERRACE STREET 51 WINBURN WAY ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Ashland, Oregon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Scott Fleury Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Consulting on Habitat and Restoration 4,600.00 of Hamilton Creek for Independent Way #2013-25 Contract for Goods and Services Small Procurement Less than $5,000 Beginning date: 02/23/15 Completion date: 02/23/16 SUBTOTAL 4,600.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 4,600.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 260.08.12.00.60410 E 201325.999 4,600.00 A rized Signature VENDOR COPY CORM #3 ® Gewf 7-'~L CITY OF ASHLAND REQUISITION Date of request: 2-24-2015 Required date for delivery: _ _ z v , s Vendor Name Nodhwa_ st~ Riningiral Cnnciiltinq Address, City, State, Zip 650 Ashland Street. Ashland Oregon 97520 Contact Name & Telephone Number Scott English 541-488-1061 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 Consulting on Habitat and Restoration of Hamilton Creek for Independent Way #2013-25 $4600.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL ❑ Per attached quote/proposal COST $4600.00 Project Number __2013-25 Account Number___-__- - - AccountNumberZ~tG-~ i?-a? - 6otta~ 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: ITDirector Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee :Brad Barber Department Head: (Equal to or greater than $5,000) Department Manager/Superviso . 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