HomeMy WebLinkAbout2003-226 Contract - Portland GECITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $25,000
CITY OF ASHLAND, (CITY)
20 East Main Street
Ashland, Oregon 97520
Telephone: (541) 488-6002
FAX: (541) 488-5311
CONSULTANT:
Address:
Telephone:
FAX:
Portland General Electric
Efficiency Services Group
Earth Advantage National Center
16280 SW Upper Boones Ferry Road
Portland, Oregon 97224
(503) 603-1629
(503) 603-1720
BEGINNING DATE: October 24, 2003 COMPLETION DATE: March 30, 2005
COMPENSATION: $3,300
SERVICES TO BE PROVIDED: Energy Conservation services and inspections on the new addition to the Southern
Oregon Library under the Earth Advantage Program pursuant to the attached scope of services letter dated
October 30, 2003.
ADDITIONAL TERMS: Attached limitation on consequential damages provision is incorporated into this agreement.
CITY AND CONSULTANT AGREE:
1. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above
and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service.
2. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned
to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and
workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and
bonded.
3. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above
and complete the service by the completion date indicated above.
4. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above.
Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior
month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated,
payments will be made for work completed and accepted to date of termination.
5. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the properly of City.
6. Statutory Requirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract.
7. Living Wage Requirements: 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.
8. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from
any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any
person (including injury resulting in death), or damage (including loss or destruction) to properly, of whatsoever nature arising
out of or incident to the performance of this contract Consultant (including but not limited to, 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 losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and
proximately caused by the negligence of City.
P. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be
terminated by Consultant should City fail substantially to perform its obligations through no fault of Consultant.
]0. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant
shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation
coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject
employer that will comply with ORS 656.017.
! ]. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without
the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant
shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and
the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or
subcontractor and City.
CONSULTANT:
Title
~ Cit~/~A~ m~inist rat~to!~-'~-
Fed. ID #
OR Social Security Cf
BY
· ,4, ...... J Date
Finance
Director
/l~~'('~;ity Dept. Head)
CONTENT REVIEW:
Date:
/
Purchase Order Cf DATE
Acct. No.: (for City
purposes only)
paul/agree/portland general electric contract for services.doc
CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$25,000) Detach this page and insert in its place the Living Wage Notice
(See paragraph )
EFFICIENCY
:~"~
Group
October 30, 2003
Dick Wanderscheid
Electric & Telecommunications Director
City of Ashland
20 East Main St.
Ashland, OR 97520
Dear Dick,
Thank you for the opportunity to present our proposal to provide energy efficiency services for
the Southern Oregon University Library Expansion and Renovation project. We are excited
about the prospect of helping support your project team in the design and construction of a
highly efficient building. We enjoy working with the Oregon Department of Energy and look
forward to working with your team and Balzhiser & Hubbard Engineers on the energy consulting
for this project.
Proiect Assumptions
Energy Services Group (ESG) assumes that due to where the project is in the design process, the
SOU Library Building will not undergo any significant changes in design direction and will
therefore not require any duplicative modeling efforts. ESG also assumes that, while some
design consultation is included within the Scope of Work, the project team already has some
understanding of how to effectively implement recommended energy efficiency strategies and
how to work within the requirements of the State Energy Efficient Design (SEED) program.
Therefore, ESG is assuming that specific consulting or research around the implementation of
energy efficiency strategies will require a separate and additional agreement.
Proiect Scope of Work
Our role is to help ensure that the project remains energy efficient through construction. This
requires periodic check-ins with the design team. Our fixed fee of $3,300 includes 1) attendance
by one of our staff engineers at three team meetings in Eugene, Oregon; 2) one site visit to
Ashland by an ESG staff engineer at project completion for verification of energy measure
installation; 3) a verification report documenting the measure installation and savings and 4)
reimbursable expenses based on the following assumptions.
The fee assumes that total travel and meeting hours will be a maximum of 20 hours, that
ongoing check-in and phone calls will require a maximum of 8 hours, and expenses including
travel will be $500.
16280 SW Upper Boones Ferry Road, Building E
Portland, Oregon 97224
503-603-1648
866-743-4277 (toll free)
For the stipulated fee, we propose to bill monthly, according to the percent of work complete
within the scope of work. Percent of work complete within each estimated area will be provided
at the end of each month as a part of the monthly project status report. Reimbursable expenses
will be billed at the end of each month that they are incurred. Any work requested that is outside
of the stated scope of work would be separately estimated and approved prior to commencing
work.
Thank you again for the opportunity to provide you with an estimate for our services on this
project. This proposal is valid for a period of ninety (90) days. We hope that you find that
Efficiency Service Group is your best choice for a consulting group to work with your team to
create a truly innovative and efficient building. Please contact John P. Karasaki (503-603-1629)
with any questions about this proposal. We look forward to working with you on this exciting
project.
Sincerely,
~ e. Karasaki, P.E. '''~-~
Senior Proj ect/Program Manager
16280 SW Upper Boones Ferry Road, Building E
Portland, Oregon 97224
503-603-1648
866-743-4277 (toll free)
2
Additional terms to
CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR
SERVICES LESS THAN $25,000
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
HERETO FOR ANY LOST OR PROSPECTIVE PROFITS OR ANY OTHER SPECIAL,
PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT
LOSSES OR DAMAGES (IN TORT, CONTRACT OR OTHERWISE) UNDER OR IN
RESPECT OF THIS AGREEMENT OR FOR ANY FAILURE OF PERFORMANCE
RELATED HERETO HOWSOEVER CAUSED, WHETHER OR NOT ARISING FROM
SUCH PARTY'S SOLE, JOINT OR CONCURRENT NEGLIGENCE.
11/26/2003 WED 11'07 FAX 541 552 2092 City of Ashland Legal ~001/001
City of Ashland
.LIVING
~p.er hour effective June 30, 2003
· (!ncreases,,annUally every June 30. by 'the
.consu~er'price Index)
)r all ho~ under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $15,713 or more.
For all hours worked in a
month if the employee
spends 50% or more of the
employee's time in l~at 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 $15,713.
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, 401K and
IRS eligible cafeteria plans
(including childcare) benefits to
the amount of wages received by
the employee.
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 c~'s website at ww~v. ashland.or, us.
Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees.
Post-it~ Fax Note 767~1
CITY OF
-ASHLAND