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HomeMy WebLinkAbout2015-146 Contract - Jenna Kesgen Contract for GOODS AND SERVICES Small Procurement Less than $5,000 C r r r a r INDEPENDENT CONTRACTOR: Jenna Kesgen ASHLAND CONTACT: Jenna Kesgen 20 East Main Street ADDRESS: 3 N. Delano Rd. Ashland, Oregon 97520 Telephone: 541/488-6002 Asheville, NC 28805 Fax: 541/488-5311 TELEPHONE: 828-231-5023 FAX: BEGINNING DATE: Jul 1, 2015 COMPLETION DATE: August 31, 2015 COMPENSATION: Not to Exceed $4,750 GOODS AND SERVICES TO BE PROVIDED: Additions and Alterations to the indoor four-wall mural at North Mountain Park Nature Exhibit Room. For complete scope of work, see attached proposal. 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, 2196.230, 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. Insurance. Contractor shall at is 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. 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. Contractor: City of Ashland: By 1,~-~-- BY Signature r De ayrt Heea/o c! Y~t'1~L ' ► t ~C~S 3C ~~~~r-el )p 'Ilk pme Print Name Pr' tpN Title mate Q W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order NO. Rev i;ed 10-28-14 Page 1 of 3 Proposal for Services for North Mountain Park Nature Center 620 N MT Ave Ashland, OR 97520 May 21, 2015 Proposal: Jenna Kesgen 3 N Delano Rd Asheville, NC 28805 For Services: Additions and Alterations to the Indoor Four-Wall Mural at North Mountain Park Nature Center Exhibit Room Scope of Work: Within the exhibit room, a your-wall mural depicting the time-spans and seasons of the Rogue Valley was installed during 2010 to 2011. More additions and alterations, within specific sections are outlined below. Design- Scenes to be covered/altered: 1. Wagon scene replaced with Siskiyou Mountains (48 in. w x 100 in. h) 2. Puzzle scene replaced with backdrop of transitional forest Include detail owl and other forest animals (43 in. w x 76 in. h) 3. Orchard scene altered for removal of puzzle (52 in. w x 16 in. h) 4. Small edits: remove TID ditch and paint over end of train, touch-ups around exit sign and thermostat. Completion Date: August 31, 2015 Total Quote: $4750 Jen Kesgen Date L Revised 10-28-14 Page 3 of 3 066/03//03/ DATD20015 CERTIFICATE OF LIABILITY INSURANCE F -E 15 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), PRODUCER CONTACT ACT Program Support NAME: Veracity Insurance Solutions, LLC. PHAC. No EXO~ ONE (888) 568-0548 we Ne: (888) 568-0548 260 South 2500 West, Suite 303 E-MAILADDRESS: nfo@actinspro.com Pleasant Grove UT 84062 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Great American Alliance Insurance Company 26832 INSURED INSURER B : Jenna Kesgen INSURER C: 3 N Delano Rd INSURER D: Asheville NC 28805 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 ADDL SUBR: POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM/DDIY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X - DAMAGE TO RENTED 100 COMMERCIAL GENERAL LIABILITY ii"v PREMISES (Ea occurrences $ _ l CLAIMS-MADE X 1 OCCUR MED EXP (Any one person) g 5,000 A `x PL1945091-AS 026455 07/06/2015,10/04/2015 PERSONAL IAll INJURY $ EXCLUDED GENERAL AGGREGATE $ 2,000,000 ~GEINLAGGREGAT POLICY ELIMITAPPLIESPER: PRODUCTS COMP/OPAGG $ EXCLUDED X - .1 PRO- 1 LOC JECT AUTOMOBILE LIABILITY Fr- COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) - - UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION $ WORKERS COMPENSATION WC STATU j OTH - AND EMPLOYERS' LIABILITY Y/N TORY LIMITS;_-_ ER ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? F-] NIA (Mandatory In NH) E L DISEASE - EA EMPLOYEE $ If yea, describe under E L DISEASE POLICY LIMIT $ fr DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder had been added as additional insured regarding the above mentioned policy per attached Additional Insured - Designated Person or Organization (CG20 26, ED. 04 13) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CG 20 26 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s): Per individual Certificate of Coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. in the performance of your ongoing operations; or 2. in connection with your premises owned by or rented to you. However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1. required by the contract or agreement; or 2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Copyright, ISO Properties, Inc., 2012 CG 20 26 (Ed. 04/13) PRO Page 1 of 1 MEMO TO: Kari Olson, Purchasing CC: Rachel Dials, Recreation Superintendent FROM: Libby VanWyhe, Nature Center Manager Date: June 8, 2014 RE: Contract with Jenna Kesgen The North Mountain Park Nature Center, part of the Ashland Parks and Recreation Commission, is initiating a contract with Jenna Kesgen, an artist who currently lives out of state. We are contracting with Jenna because she is the artist who was initially responsible for the Nature Center Exhibit Room mural. In 2010, when Jenna was a graduate student at SOU, she painted all four walls of our Exhibit Room depicting local landscapes, plants, animals and images of cultural history. This mural is one of the most treasured elements of our Center. The mural needs touch-ups, and we would also like to modify several scenes to fit with our new interpretive direction. It is important that the additions and touch-ups are in the same style as the rest of the mural; therefore, we need to contract with the original artist. We are lucky that Jenna Kesgen is willing to travel back to Ashland, to complete this special project. Thank you, Libby Page 1 / 1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 6/5/2015 00454 (541) 488-5300 VENDOR: -003544 SHIP TO: KESGEN,JENNA 3 N DELANO ROAD ASHEVILLE, NC 28805 FOB Point: Ashland, Oreqon Req. No.: Terms: net Dept.: Req. Del. Date: contact: Rachel Dials Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Addtions and alterations to indoor 4,750.00 four-wall mural at North Mountain Park Nature Center Exhibit Room installed durinq 2010-2011. Contract for Goods and Services Small Procurement Less than $5,000 Beqinninq date: July 1, 2015 Completion date: Auqust 31, 2015 SUBTOTAL 4,750.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 4,750.00 Account Number Project Number Amount - Account Number Project Number Amount E 211.12.03.04.60410 4,750.00 G VENDOR COPY AuthorizecYSignature S~ FORM #3 CITY OF ASHLAND REQUISITION pate of request: C l3 / Required date for delivery: Vendor Name PUMA Z Address, City, State, Zip A). 72.1c S h 2 ( .z g~ O ~S' Contact Name & Telephone Number 3 2g _ ~3 l 502,3 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 K 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 $10000 ❑ 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 r`,,r. wa c re C a ~~b` } r f /7 Q Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quote/proposal $ y Project Number Account Number___-__-__ ?,S- C) Account Number2((=J'L.0f-0'q-(e C)'t100AccountNumber-__-__-__-______ '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 l No By signing this requisition form, I certify that the C' 's public contracting requirements have been satisfied. Employe Department Head: (Equal to or greater than $5,000) Department Manager/Supervis r: 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