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HomeMy WebLinkAbout2015-172 Contract - Peters Consulting Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF INDEPENDENT CONTRACTOR: Peters Consulting, LLC ASHLAND CONTACT: Peters Consulting 20 East Main Street ADDRESS: 4497 Brownridge Terrace, Suite 107, Medford, OR Ashland, Oregon 97520 Telephone: 541/488-6002 TELEPHONE: 619-952-4364 Fax: 541/488-5311 EMAIL: chrispetersconsulting@gmaii.com BEGINNING DATE: 6/1/2015 COMPLETION DATE: 1213112015 COMPENSATION: Not to Exceed $2,210 GOODS AND SERVICES TO BE PROVIDED: Reference Exhibit B, LOI application support. 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 2796.220, 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. 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: ~d 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 govemed 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. Contrac r: City of Ashland: v BY ~"wt BY S.ijpJ7na re Q ( Department Head ' ~k~ - / 4(' 6Print a Pri t Name --,a- k t-/ I~~S 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. (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. (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. T Contractor (Date) Revised 10-28-14 Page 2 of 2 EXHIBIT B w OF- Peters s Consulting LLC Accounting and Business Services LOI APPLICATION SUPPORT A PROPOSAL TO: CITY OF ASHLAND, OREGON A Peters Consulting LLC 4497 Brownridge Terrace, Suite 107 - _ ? }7 Phone: 619.952.43641 Medford, OR 97504 " chrispetersconsulting@gmail.com Overview Purpose, Scope and Objectives The objective of this proposal is to assist the City of Ashland in obtaining State Revolving Loan Funds (SRF) from the Oregon Infrastructure Finance Authority (IFA) for the Reservoir and Water Treatment Plant. Project Deliverables Deliverables include: • Task 1: Submit Letter of intent on the LOI System (Safe Drinking Water Revolving Loan Fund) • Task 2: Submit Full Application outlined in the IFA Program Guidelines & Handbook for federally funded SDWRLF for the Reservoir and Water Treatment Plant including follow-up coordination until the loan is awarded Schedule and Budget Summary Item Budget Project Proposal (June 20, 2015) Task 1: Prepare and submit Letter of Interest (LOI) (Jun-July 2015) 6 hrs @ $85/hr = $510 Task 2: Preparation of Full Application through acceptance (July- 20 hrs @ $85/hr = $1700 September 2015) Total Cost of SDWRLF Application Support $2,210 Aew C~OX HISCOX INSURANCE COMPANY INC. (A Stock Company) H (J 104 South Michigan Avenue, Suite 600 Chicago Illinois 60603 Certificate of Commercial General Liability Insurance This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Named Insured: Peters Consulting LLC Insurer Name: Hiscox Insurance Company Inc. Policy Number: UDC-1406700-CGL-14 Type of Coverage: Occurrence Policy Effective Date: December 13, 2014 Policy Expiration Date: December 13, 2015 Limits of Insurance Each Occurrence: $ 1,000,000 Damage to Premises Rented to You: $ 100,000 Any one premises Medical Expense: $ 5,000 Any one person Personal &Advertising Injury: $ 1,000,000 General Aggregate: $ 2,000,000 Products/Completed Operations Products-completed operations are subject to the General Aggregate Aggregate: Limit General Aggregate Limit applies per: Policy Description of Endorsements/Special Provisions Not applicable 1 r December 15, 2014 Authorized Representative Date CG DS 01 01 10 Includes copyrighted material of Insurance Services Office, Inc., with Page 1 its permission. © ISO Properties, Inc., 2000 NN c~OX HISCOX INSURANCE COMPANY INC. (A Stock Company) H IJ 104 South Michigan Avenue, Suite 600 Chicago Illinois 60603 Certificate of Commercial General Liability Insurance This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Named Insured: Peters Consulting LLC Insurer Name: Hiscox Insurance Company Inc. Policy Number: UDC-1406700-CGL-14 Type of Coverage: Occurrence Policy Effective Date: December 13, 2014 Policy Expiration Date: December 13, 2015 Limits of Insurance Each Occurrence: $ 1,000,000 Damage to Premises Rented to You: $ 100,000 Any one premises Medical Expense: $ 5,000 Any one person Personal &Advertising Injury: $ 1,000,000 General Aggregate: $ 2,000,000 Products/Completed Operations Products-completed operations are subject to the General Aggregate Aggregate: Limit General Aggregate Limit applies per: Policy Description of Endorsements/Special Provisions Not applicable Additional Insured Status FiTI Certificate holder maintains Additional Insured Status if this boxed checked. This certificate does not grant any coverage or rights to the certificate holder. If this certificate indicates that the certificate holder is an additional insured, the policy(ies) must either be endorsed or contain spe-cific language providing the certificate holder with additional insured status. The certificate holder is an additional insured only to the extent indicated in such policy language or endorsement. Cancellation In the event of cancellation of any policy described above, the insurer will attempt to mail 10 days written notice to the certificate holder prior to the effective date of cancellation. However, failure to do so will not impose any duty or liability upon the insurer, its agents or representatives, nor will it delay cancellation. CG DS 01 01 10 Includes copyrighted material of Insurance Services Office, Inc., with Page 2 its permission. © ISO Properties, Inc., 2000 Aev C~OX HISCOX INSURANCE COMPANY INC. (A Stock Company) H IJ 104 South Michigan Avenue, Suite 600 Chicago Illinois 60603 City of Ashland, Oregon and its elected officials, officers, and employees December 15, 2014 Certificate Holder Date December 15, 2014 Authorized Representative Date CG DS 01 01 10 Includes copyrighted material of Insurance Services Office, Inc., with Page 3 its permission. © ISO Properties, Inc., 2000 Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER rpla 20 E MAIN ST. 6/30/2015 12933 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 018469 SHIP TO: Ashland Public Works PETERS CONSULTING LLC (541) 488-5587 4497 BROWNRIDGE TERRACE #107 51 WINBURN WAY MEDFORD, OR 97504 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Scott Fleury Special Inst: Confirming? Yes Quantity Unit Description Unit Price Ext. Price LOI (Letter of Interest) Application 2,210.00 Support in obtaininq State Revolvinq Loan Funds (SRF). Contract for Goods and Services Small Procurement Less than $5,000 Beqinninq date: 06/01/2015 Completion sate: 12/31/2015 SUBTOTAL 2,210.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 2,210.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.60410 2,210.00 VENDOR COPY Authorized gnature ZOl~ FORM #3_ CITY • F Q_ AS H LA N D REQUISITION Date of request: Required date for delivery: Psnn Vendor Name ~~+Q+s Pns.A_S. C ssuc R14ti- Address, City, State, Zip 441tT t3eaw+~ e~ c~v✓ ~ r $v% tie toZ AA6CC6e_,0, of Contact Name & Telephone Number ~ej S. PEE tLS `t-t Zc&Z - 044 40-5 ®4 Fax Number Git¢1S PErEP_.s ~ b~c SvctTe~tlfl (sn,,tA,t L(~ 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 59 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 S) ❑ 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 ❑ Agency ❑ Form #g, Request for Approval ❑ 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 L. ®Z ,paxa c,ks' nor'-t 5v sz t- $ -2,7-1 0 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $ Project Number Account Number---. Account Number FAO-lb$- 45-cX> - li~tloc'7 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, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: a (Equal to or greater than $5,000) Department Manager/Supervi City Administrator: ~(Equal to or greater than $25,000) Funds appropriated for current fiscal yeaFinance Director- (Equal to orgreater than $5,000) Date Comments: Form #3 - Requisition