HomeMy WebLinkAbout2003-054 Contract - Fishman Environmental Services 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
City Hall
20 E. Main St.
Ashland, Oregon 97520
(541) 488-6002
FAX: (541) 488-5311
Date of this agreement: 4/30/03
Consultant:
Address:
Fishman Environmental Services LLC
434 NW Sixth St Ste 304
Portland, OR 97209-3600
Telephone: 503.224.0333
FAX: 503-224.1851
I] B: RFP date: February 3, 2003
Proposal date: February 21, 2003
¶2.2. Contracting officer: John McLaughlin, Community Development Director
¶2.4. Project: Develop a local inventory of Wetlands and Ripadan Corridors within Ashland's Urban Growth
Boundary (UGB), incorporating existing inventory information, and designate significant wetlands and riparian
corridors as required by statewide plannin~l Goal 5 and other rules
¶6. Consultant's representative: Paul Fishman
¶8.3. Maximum contract amount: $60,000
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project
described above. Consultant submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide the
services covered by the RFP, with attached modified suggested scope of work and cost estimate.
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 that are described in the RFP.
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.
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 sentence shall not
be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by
Oregon law.
6. Assignment 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. City will provide all permits necessary for completion of the project.
7.5. 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. No
reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by
the contracting officer.
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.
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 279.316(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 any one 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. Prior to
commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS
Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of insurance. If
Consultant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance
and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,000 or more, Consultant is required to comply with chapter 3.12 of the
Ashland Municipal Code by paying a living 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 services 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 records 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 negligence 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 comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this contract, blanket contractual liability, products and completed operations and
owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned automobiles.
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. Certificates of insurance acceptable to the City shall be filed with City prior to the commencement of any work by
Consultant. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage
cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing
company "will endeavor to mail" written notice is unacceptable.
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 giving Consultant
written notice sixty days prior to the termination date.
15.2. In addition to the right to 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. Assignment: 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.
CITY
B~~
Ci
Date:
REVj~/E~D AS~TO FORM
By r,~...-/,.,..~ -
City Lega. l~ouns~ _
Date:
Coding
(for City use only)
MEMO
TO: Bill Molnar, John McLaughlin; City of Ashland
FROM: Paul Fishman, Dan Stark; Fishman Environmental Services, LLC
SUBJECT: Revised budget estimate for Goal 5 work
The attached budget estimate represents a modified scope of work for the Ashland Goal 5
wetland and riparian inventory. We have modified the scope as follows:
1. Use Safe Harbor provisions in the Goal 5 Rule for riparian corridor resources
2. City of Ashland staffwill assume a major part of the GIS tasks, with FES
oversight
3. Three public meetings will be conducted involving the FES team
4. The addition of Clay Moorhead in an advisory and strategy development role.
These scope modifications result in reduced levels of effort for fieldwork, significance
determination, and public meetings, with related reductions in direct expenses.
Our cost estimate for this scope of work is $57,600.
Please contact either of us if you have further questions.
...
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(Economic, Social, Environment, and Energy) document includes a decision whether
base zone conflicting uses should be prohibited, limited or allowed.
Following the ESEE process, Goal 5 includes crafting comprehensive plan policies, and
finally, updating natural resource zoning ordinance language to implement the ESEE
decisions
The following is a suggested approach to conducting an inventory and significance
determination for wetlands and riparian corridors. Developing a final scope of work will
be the first task of the consultant/city team.
1. Goal Setting and Data Collection
I
. Project Administration / Coordination / Meetings (For All Tasks)
. This task includes one start up meeting arranged and hosted by the City.
. Deliverable = Project approach memo to City, draft data delivery to FES
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2. Draft Natural Resources Map(s)
. Create Draft Maps With Existing Data and identify sites that will need field
verification.
. Deliverable = Draft natural resource maps for use in the fieldwork and for
identification of sites that will require access.
3. Natural Resource and Property Ownership Correlation; Notification
. Use Draft Resource Mapping to Create Mailing List
. GIS will be used to query the Jackson County taxlot database to create a mailing
list of potentially affected property owners.
. Deliverable = !\1ailing list of affected property owners to the City
. Provide draft public information, notification and public information materials
4. Public Meeting #1
. FES will conduct a public information meeting at the City of Ashland. An outline
of the Goal 5 process will be presented along with example maps and future steps.
. Display products produced by FES and review by the City
. PowerPoint slide show describing Goal 5 process
. Deliverable = draft presentation materials, notification materials, Goal 5
PowerPoint slide show if desired by the City, Internet and WWW ready material
for City of Ashland website
9
,
5. Inventory and Assessment
FES staff will conduct a natural resource inventory using methods agreed to by the
City and the consultant.
. FES will conduct one to two weeks of field work
. Field work will take place where access is pre-approved
. Sites assessed in the field will be identified ahead of time on draft resource maps
. Deliverable = Field inventory of resources
6. Draft Inventory Report
FES will create a draft inventory report for initial review. The inventory report will
supply a document for purposes of completing an L WI for submission to DSL as well
as a report addressing the inventory of the remaining Goal 5 resources.
. This task will result in the production of the first review draft of the natural
resource inventory
. The City will review the document before the public meeting
. Delivery = Draft inventory report
7. Public Meeting #2
FES will conduct a public meeting to present draft inventory products and solicit
input on the inventory and proposal significance criteria.
. Draft report and maps will be displayed
. Comments taken from participants
. Deliverable = Public meeting
8. Final Natural Resources Inventory and Assessment Report and Mapping
. Incorporate teceived input and comments in draft document.
. Complete final draft of document to City for use in remaining Goal 5 steps.
. Deliverable = Final draft Goal 5 report and maps
9. Public Meeting #3
. Discuss significance criteria and their application
. Discuss identification of impact areas as required by Goal 5
10. Determine Significant Sites and Impact Areas
. Create final list of significant goal 5 natural resource sites
. Create and map significant sites and impact area for each site
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11. Public Hearing/Public Meeting #4
. Present final products to elected officials and outline remaining Goal S steps in a
Public Hearing.
. Deliverable = Attendance at final Public Hearing
PRELIMINARY PROJECT COST ESTIMATE
We have prepared a preliminary estimate of project cost based on the scope of work
outlined above. This estimate should be viewed as a level of effort estimate, and the final
project budget will depend on future scope and approach discussions. This estimate is
based on our experience conducting Goal S inventories, and our familiarity with the
natural resources in the City of Ashland.
Our Preliminary Cost Estimate is $79,S30.
Si=E ~E:t4fO-
~evIS~ ~Ger Cs77v11tft6
Approach Options
It is important to understand that the major factor in determining the budget for this
project will be the approach used by the City. A scope similar to the one outlined above
will require a larger budget than a scope based on using the Safe Harbor option allowed
by the Goal S Rule.
We can also provide additional services, such as ESEE analysis, and Policy and
Ordinance development, if requested by the City. For Policy and Ordinance
development, we would add Clay Moorhead, CDA Consulting Group, to the consultant
team. Clay worked with FES to develop the Significant Resource Overlay Zone
ordinance for the City of Wilson vi lIe GoalS program, has extensive experience in local
planning, and also has experience with City of Ashland projects. Paul Fishman and Clay
worked together on the Ashland Creek Flood Restoration project, and the two companies
have worked on the Wilsonville and Newberg GoalS projects. Clay's resume' is included
in the appendix materials.
11
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY R :,.0RDER S COPY
J 0413012003 04126
VENDOR: 007070
FISHMAN ENVIRONMENTAL SERVICES
434 NW SIXTH STREET SUITE 304
PORTLAND, OR 97209-3600
SHIP TO: Ashland Planning Department
(541) 488-5305
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Special Inst:
Req. No.:
Dept.: COMMUNITY DEVELOPMENT
Contact: John McLau.qhlin
Confirming? No
Quan.t, itY Unit Description Unit Price Ext. Price
BLANKET PURCHASE ORDER
Develop a local inventory of Wetlands 60,000.00
and Riparin Corridors within Ashland's
Urban Growth Boundary (UGB),
incorporating existin.q inventory
information, and desi.qnate significant
wetlands and riparian corridors as
required by statewide planning Goal 5
and other rules.
RFP
Date of Agreement: 04/30/2003
RFP Date 02/03/2003
Proposal Date 02/21/2003
........
SUBTOTAL 60,000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 60,000.00
ASHLAND, OR 97520
Account Number Amount Account Number Amount
E 110.09.27.00.604100 45,000.00
E 110.09.27.00.604130 15,000.00
Signature
VENDOR COPY
CITY OF
ASHLAND
REQUISITION FORM
Date of Request:
04/15/03
THIS REQUEST IS A:
D Change Order( existing PO #
Required Date of Delivery/Service: I
Vendor Name:
Address:
City, State, Zip:
Phone:
Fax Number
Deliver Location
Fishman Environmental Services LLC
434 NW Sixth St Ste 304
Portland, OR 97209-3600
503-224-0333
503-224-1851
Services Only
Description
Total Cost
Solicitation Process:
Develop a local inventory of Wetlands and o Exempt o 3 Written Quotes
Riparian Corridors within Ashland's Urban (copies attached)
Growth Boundary (UGB), incorporating o Sole Source o Invitation to Bid
existing inventory information, and designate (copies on file)
significant wetlands and riparian corridors as o Less than [gI Request for
required by statewide planning Goal 5 and $ 60,000
other rules $5000 Proposal (copies on file)
Account Number 110.09.27.00.604100 = $45,000
110.09.27.00.604130 = $15,000
*Please attach the Original signed contract and Insurance certificate.
Materials Only
Item # Quantity Unit
Description
Unit Cost Total Cost
TOTAL COST OF
THE MATERIALS
Account Number
-
--- --
- -
-- -- ------
Employee Signature: .~ SupervisorlDept. Head Signature:
NOTE: By signing this reqursition form, I certify that the above request meets the City of Ashland Solicitation Proce req irements a
when necessary.
G: Finance\Procedure\AP\Forms\Fishman_req.doc
Updated on:07/15/02