HomeMy WebLinkAbout2004-237 Contract - John Epler & Assoc
CITY OF
ASHLAND
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 Consultant: John Epler and Associates
City Hall Address: 2615 Mt St Helens Place S
20 E. Main St. Seattle, WA 98144
Ashland, Oregon 97520
(541) 488-6002 Telephone: 206-723-5396
FAX: (541) 488-5311 FAX: 206-770-1157
Date of this agreement: ~ B: RFP date: August 20, 2004
Proposal date: September 20,2004
~2.2. Contracting officer: John McLaughlin, Community Development Director City of Ashland
~2.4. Project: Update of CDBG 2005-2010 Consolidated Plan
~6. Consultant's representative: John C. Epler, Principal
~8.3. Maximum contract amount: $9500.00
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.
City and Consultant agree as follows:
1. RelationshiD 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 pr01essional
consultation and advice during the term of this contract Consultant acknowledges that City is relying on consultcmt 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. "Projecr 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. AUthoritv 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. Consultina 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. Cooperate with other consultants retained by City in the exchange of information needled for
completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written authori,zation 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 Icause of action
arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent perfomlance 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. Assianment of Consultanfs 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 sen/ices if the requests are consistent with sound business and professional prclCtices.
7. ResDonsibilities 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 Gontrol of City
and are required by Consultant for performance of the services.
7.3. City will arrange for aGcess to, and make all provisions for Consultant to enter upon, public and private property as
required for Consultant to perform the services.
7.4. The contracting officer will act as liaison between City, Consultant public agenGies, 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. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above.
9. ComDliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall
promptiy 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, 279.3'14, 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 anyone week, except for persons who Cire excluded or
exempt from overtime pay under OR:S 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 656.01 j'. 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 Departrnent of Insurance
and Finance as evidence of Consultant's status.
9.4. If the amount of this ,:;ontract is $15,964 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 nequired to post
the attached notice predominantiy in areas where it will be seen by all employees.
9.5. In connection with the services under this contract Consultant shall comply with all applicable fedE~ral, state and
local laws and regulations. For CDBG-funded projects, the Consultant shall carry out its activities in compliance with 24 CFR
570. In particular (but not to the exclusion of other sections) Consultant shall comply with applicable uniform administrative
requirements, as described in 24 CFR 570.502. Should Federal or State regulations touching upon the subject of this Contract
be adopted or revised during the teml hereof, this Contract may be amended to assure conformance with such Federal or State
requirements.
9.6 During the performance of this contract the Consultant shall not discriminate based on race, religion, color, sex,
age, national origin, marital status, political affiliation or handicap condition and the Subrecipient shall, to the maximum feasible
extent ensure all interested persons can reasonably obtain information about and access to, HUD-funded activities. The
consultant agrees to comply with the following: Titie VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (NondisGrimination in
Federally Assisted Programs) and implementing regulations issued at 24 CFR part 1; The prohibitions against discrimination on
the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at:24 CFR part
146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8; The requirements of Executive Order 11246 (3 CFR
1964-65, Comp., p. 339)(Equal Employment Opportunity) and the implementing regulations issued at 41 CFR chapter 60; The
requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 17(1).
10. OwnershiD 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. The City, Department of Housing and Urban Development (HUD), the Comptroller General of the! United States,
or any of their duly authorized representatives, shall have access to any books, general organizational and administrative
information, documents, papers, and records of the Consultant which are directiy pertinent to this contract, for the purpose of
making audit or monitoring, examination, excerpts, and transcriptions. All required records must be maintained by the Consultant
for five years after the City makes final payments and all other pending matters are closed. Consultant's books alnd 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 Consultanfs books and records by a certified public accountant retained by City.
12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and emploYtges harmless
from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person
(including injury resullting 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 serviices attendant to this contract). Consultant shall not be held responsible for Ciny claims,
actions, costs, judgments, damages or other expenses, directiy and proximately caused by the nE~gligence 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" Goverage 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 contrac:t.
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. Assionment: 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 mpresentatives 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 riglhts 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.
Consultant
BY
Fed. ID #
~~t
· . 1I-~ ?ts:
CITY
BY
11~r;y
REVIEWED AS TO FORM
By !JJ-,Ctvl ~__
City Legal Counsel
Date:~
C d' ;;~~ C- '1 c-c C' ~v C~I p ~
o mg
(for City use only)
tP~ * d9?5~~
Month Oet Noy Dee Jan Feb Mar April May June July
Key Informant Interviews (up to 9)
Review and Comment on Cit Part Plan
Community Profile/Population
Housing Market Analysis/Needsllnventory
Homeless Needs & Human Services
Advice and Assistance
Potential on-site Facilation of Focus Grp ?
City of Ashland
Timeline for 2005-2010 C
CITY RECORDER'S COpy
Page 1 / 1
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR ~~7520
(541 ) 488-5300
~ DATE .
LJ..1/18/2004
. PO NUMBER
05585
VENDOR: 009222
JOHN EPLER AND ASSOCIATES
2615 MT ST HELENS PLACE S
SEATTLE, WA 98144
SHIP TO: Ashland Planning Department
(541) 488-5305
51 WINBURN WAY
ASHLAND, OR 975213
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: COMMUNITY DEVELOPMENT
Contact: Brandon Goldman - PlanninQ
Confirming? No
, " 'i::J.:~',r.: ;:~.'..<i/.J:5.,?;j~';>;<:1)MiiPfiq6.~ti;;~,;:::\t:;[{t;i/.;::;:p}'.};,';<':';~::: .... ).:,>. '. "
CPI3<;3g9().q~2c:>1Q,9on;;o!i9C1t~(tPlaJ1" """"'.' ._ '.'.' ...,
'Maxiffiurfi"c.ontrict'am()l1rli~J9~500iOO,;p"1.':f','>';~;:j:tN:tf~:i~>'i.'.:,W;;~':'.'. ,.",",
. '<:'( '~:.;: ~ ,",.'"
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:.:uiiiiiprtCIt" :;::., :;:.::.'t8ek~,(ff&l;i.>'
, ",9,pOO.00
r , '::', / ;" <. .;f\,'-~~A~ "~'r'
">~Ff?~;;:~;t;:{~!j:
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BilL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
. '~N;;
E 250.09.00.00.604100
SUBTOTAL
TAX
FREIGHT
TOTAL
9 500.00
0.00
0.00
9,500.00
9 500.00
,./'
/~ /-7
,- '---------.
Authorized SignaturEt
VENDOR COpy