HomeMy WebLinkAbout2007-231 Contract - Thornton Engineering
CI T Y OF CONSULTANT: THORNTON ENGINEERING INC
ASHLAND CONTACT: MIKE THORNTON, PE
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 1236 DISK DRIVE STE I
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541/857-0864
DATE AGREEMENT PREPARED: FAX: 541/857-1947
June 27, 2007
BEGINNING DATE: Julv 1, 2007 COMPLETION DATE: Auqust 31,2007
COMPENSATION: NTE $7,450.00
SERVICES TO BE PROVIDED: Conduct flood study and prepare no rise certificate per
attached orooosal from Thornton Enaineerinq.
ADDITIONAL TERMS:
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the
undersigned Contracting Officer finds and determines that: (1) the services to be acquired are personal
services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the
statement of work represents the department's plan for utilization of such personal services; (4) the
undersigned consultant has specialized experience, education, training and capability sufficient to
perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6)
the compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND
CONSULTANT AGREE as follows:
1. Findings I Recitations. The findings and recitations set forth above are true and correct and are
incorporated herein by this reference.
2. 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.
3. 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 worker-like manner and, if required to be
registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded.
4. 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.
5. 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.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be
the property of City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of
this contract.
8. Living Wage Requirements: If the amount of this contract is $16,936 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 chanter, to all emnlovees nerformina work under this contract and to anv Sub-
Contract for PERSONAL SERVICES Less than $25,000
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-03 Neil Creek Flood Stde Thornton Contract 6 07.doc
consultant who performs 50% or more of the service work under this contract. Consultant is also
required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen
by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and
agents harmiess 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 property, of whatsoever nature arising out of or incident to the
performance of this contract by 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.
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both
parties.
b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective
upon delivery of written notice to Consultant, or at such later date as may be established by City
under any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity
of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the services are no longer allowable or appropriate for
purchase under this contract or are no longer eligible for the funding proposed
for payments authorized by this contract; or
i1i. If any license or certificate required by law or regulation to be held by
Consultant to provide the services required by this contract is for any reason
denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of
the contract by the other. Prior to such termination the party seeking
termination shall give to the other party written notice of the breach and intent to
terminate. If the party committing the breach has not entirely cured the breach
within 15 days of the date of the notice, or within such other period as the party
giving the notice may authorize or require, then the contract may be terminated
at any time thereafter by a written notice of termination by the party giving
notice.
ii. Time is of the essence for Consultant's performance of each and every
obligation and duty under this contract. City by written notice to Consultant of
default or breach, may at any time terminate the whole or any part of this
contract if Consultant fails to provide services called for by this contract within
the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive
and are in addition to any other rights and remedies provided by law or under
this contract.
e. Obliqation/Liabilitv of Parties. Termination or modification of this contract pursuant to
subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either
party already accrued prior to such termination or modification. However, upon receiving a
notice of termination (regardless whether such notice is given pursuant to subsections a, b, cor
d of this section, Consultant shall immediately cease all activities under this contract, unless
expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other
property that are or would be deliverables had the contract been completed. City shall pay
Consultant for work performed prior to the termination date if such work was performed in
accordance with the Contract.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-03 Neil Creek Flood Stde Thornton Contract 6 07.doc
11. Independent Consultant Status: Consultant is an independent Consultant 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.
12. 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 Sub-consultants 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 Sub-consultant and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material
breach or default of any covenant, warranty, certification, or obligation it owes under the Contract;
its ORF status pursuant to the ORF Rules or loses any license, certificate or certification that is
required to perform the Services or to qualify as a ORF if consultant has qualified as a ORF for this
agreement; institutes an action for relief in bankruptcy or has instituted against it an action for
insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a
regular basis of the type identified in its obligations under the Contract; or attempts to assign rights
in, or delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires
subject employers to provide Oregon workers' compensation coverage for all their subject
workers
b. Professional Liabilitv insurance with a combined single iimit, ent, of not
less than Enter one: $200,000, $500,000, $1,000,000, $2,000,0000 Not Applicabl or each
claim, incident or occurrence. This is to cover damages caused bye, slon or negligent
acts related to the professional services to be provided under this contract.
c. General Liabilitv insurance with combined single limit, or the equivalent, of not less
than Enter one: $200,000, $500,000, 1,000,000, 2,000,000 or Not Applicable for each
occurrence for Bodily Injury and Prope age. It shall include contractual liability coverage
for the indemnity provided under this contract.
d. Automobile Liabilitv insuranc 'th a bined single limit, or the equivalent, of not less
than Enter one: $200,000, $500,000, $1,000,000, r Not Applicable for each accident for Bodily
Injury and Property Damage, including ge or owned, hired or non-owned vehicles, as
applicable.
e. Notice of cancellation or chanqe. There shall be no cancellation, material change,
reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice
from the Consultant or its insurer( s) to the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of
Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any
insurance policies required herein but only with respect to Consultant's services to be provided
under this Contract. As evidence of the insurance coverages required by this Contract, the
Consultant shall furnish acceptable insurance certificates prior to commencing work under this
contract. The certificate will specify all of the parties who are Additional Insureds. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of
insurance policies, trust agreements, etc. shall be provided to the City. The Consultant shall be
financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,
rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Consuitantthat arises from or
relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court
of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District
Court for the District of Ore on filed in Jackson Count , Ore on. Consultant, b the si nature herein
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-03 Neil Creek Flood Stde Thornton Contract 6 07.doc
rn.~
01/
~)
~fn
of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no
event shall this section be construed as a waiver by City of any form of defense or immunity, based
on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from
the jurisdiction.
16. 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. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL
BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE
GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL
OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY
SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY
ITS TERMS AND CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this contract within the City's fiscal
year budget. Consultant understands and agrees that City's payment of amounts under this
contract attributable to work performed after the last day of the current fiscal year is contingent on
City appropriations, or other expenditure authority sufficient to allow City in the exercise of its
reasonable administrative discretion, to continue to make payments under this contract. In the event
City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant,
with no further liability to Consultant.
18. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein
incorcorated bv reference.
CONSULTANT
BY iY)~r>-r4
M Signature
(c..HAeL -p 1Jto,::;...t-m.J
Print Name
CITY OF ASHLAND:
BY ~ i'IN~CE~DiR~~~
TITLE 'P~.s'D"'.M-r
DATE
"7 ~3 /i?<T<77
, ,
DATE &- 2-1- Of
Date:
Federal
ID# q?~13oq51~
*Completed W9 form must be submitted with contract
ACCOUNT # '7/ P ,(" e ? ~ c'e' (, (:.' 1"/3' {/
(For City purposes only)
PURCHASE ORDER # v' '70 .;. .3
Revised 1-9-07
G:\pub-wr1<s\eng\dept-admin\ENGINEER\PROJECT\2007\07-03 Neil Creek Flood Stde Thornton Contract 6 07.doc
r--
o
o
N
"'
'"
tl
"
t
<bl
,...'<;>
= t;
=8
~""
"" fj
'"
~
c;s
~
~
U
....l
-
""
z
"'Q
~~
....l....l
<:=
~~
""I<<
"'0
i:il;;..
ot:
zu
0000
0000
cidco
o-,~~\O
VOl &<) lOA (A
0000
0000
oriciorid
0\ 00 0\ 00
lA lA lA (A
NNNN
~
~ I-. ~ I-
a ~a ~
c .a c .50
t.Ll !:: t.Ll c::
";u.ltaUJ
'C' ~ .~ ~
'E "e' 'E '2'
0..0..0..0..
1l
"0
~
U
.5
>-
,...
:>
f::
u
<>:
~I
'"
.;;;
^
<il
~
C
"
"
.~
]
"-
-
1l
"0
~
U
.5
"'"
"
a
"
'"
&l
""
~
o
"
"
~
""
a
""
"
~
N
0000000000
0000000000
0000.000000
O\NO\NO'INO'INO\N
.......l'<"l.......l"").......l"")......t<').......("')
lAVlV)VJ {A v}lAVllA{A
0000000000
0000000000
oricioriciorioorio.no
0\000\000\000\000\00
{A {A {A V) V) {A V) (A V"lV)
N't"N<<:tN't"No:tN't"
~ " ~ ~ h
~ ~ " ~ ~ ~ ~ ~ " ~
c:: ~ c:: v c = c::
'50 ~ '50 ~ '6iJ ~ 'So c:: "50 c::
c .50 c .50 c .a c .50 c .50
t.Llc::u.lt:::UJc::UJ=u.lc::
";u.l';jUJC;UJ";l.Ll(;ju.l
.3' Y '3' ~ .~ ~ .3' 'g .3' ~
c::"= c:".".. c::"= c:: ''::'"1 c:: ''::'"1
'C e 'I: e 'I: e "J:: e 'C e
o..o..o..o..p...o..o..o..o..o..
'g
..,
~
"
<(
v
v
~
~
~
~
en
"
~
;.,
.n
1l
"0
.;:
e
'"
1l
"0
~
U
.5
^
"
1:
"
'"
"
;E
it
6h
o
0.
o
,...
0.
a
"
'"
"
I:!l
"
~
"
0.
~
"-
'"
...
1l
"0
~
U
.5
.~
'"
^
<il
~
6il
o
'0
~
"R
:r:
V)
1l
-g
U
.5
"
.Sl
;;
"
.~
"
"
a
"
.Sl
;;
>
"
1i:1
""
o
o
~
"
'"
"
I:!l
'D
1l
"0
~
U
.5
"
o
.~
"
.~
"
"
a
^
"
~
""
o
o
~
r--
1l
"0
~
U
.5
'"
a
Ii:
^
""
"
Ul
""
o
o
~
<il
"
~
00
1l
"0
~
U
.5
'0
Z
<>:
~
~
'"
E
1:i
"
S
""
"
"
~
it
~
"
.Sl
-
"
.;;
0.
0.
<>:
0\
00
00
cio
'" '0
YiV;
00
00
ori6
"'.,.
........
"'.,.
'"
6..,
~ ~
.5b;-.
c ""
Ul c
-a2
'g .!
." c
"'Ul
1l
"0
~
U
.5
'0
Z
1l
"0
~
U
.5
"
;;
"
t;:
€
"
u
"
.Sl
;;
>
"
1i:1
"
o
.~
"
'i3
~
o
o
U
OIl
"
..:
"
"
"
.00
"
~
o
-
-
-
o 0
<= <=
d d
<= on
'0 00
~ ff'i
'" ....
;:;
en
o
U
'"'
Z
;:
'"
'"
z
tl
z
'"
o
o
o
on
...
""
'"
;:;
en
o
U
;.-
~
~
~
'"
;-.
;:;
en
o
U
""
<(
...
o
...
Ii .
"0 >
~ 0
u~
.5
"0 ~
,,"0
~ g
~"'"
.2 >.
~~
~o
E'O
5 ~
"i)<.E
~"O
~ .-
-E~
o ~
-g .~
: .~
;; -
" ~
!l-~
.2 :s
CQU
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Consultant, under penalty of perjury,
certifies that (a) the number shown on this form is its correct taxpayer ID (or is waiting
for the number to be issued to it and (b) Consultant 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. Consultant 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 Consultant
enforceable in accordance with its terms, (c) the work under the Contract shall be
performed in accordance with the highest professional standards, and (d) Consultant is
qualified, professionally competent and duly licensed to perform the work. Consultant
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 Consultant as
defined in the contract documents, and has checked four or more of the following
criteria:
/'
\/
V'
/
v
/'
(1) I 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) I 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.
/Yl~~~
Consultant
(~Z-r-()(
(Date)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-03 Neil Creek Flood Stde Thornton Contract 6 07.doc
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a livin~ wa~e.
~.l'
Employees must be paid a
living wage:
~ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $17,342 or more.
~ For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or portion
_per hour effective .June 30, 2007'
(Increases annually every .June 30 by the
Consumer Price Index)
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 $17,342.
~ 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,
401 K and IRS eligible
cafeteria pians (including
childcare) benefits to the
amount of wages received by
the employee.
~ Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
For additional information:
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 city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
CITY RECORDER
Page 1 / 1
~~,
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
OATI2
10/8/2007
PO'NUMBE;R
07863
VE;NDOR: 003753
THORNTON ENGINEERING, INC
PO BOX 476
JACKSONVILLE, OR 97530-0476
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? No
Qua"HtWJ ; , .tU~It,) "',,>.::, '; .... ;~'~scd'rltlorf< ... Unit. Price Ext Price
Conduct flood study and prepare a no 7,450.00
rise certificate for Neil Creek near
Ashland Municipal Airport
RFP
Contract start date: 08/01/2007
Contract completion date: 11/01/2007
Insurance certificates required
Project No. 2007-15
SUBTOTAL 7 450.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FRE;IGHT 0.00
541-552-2028 TOTAL 7,450.00
ASHLAND, OR 97520
'A~~9~riiif.jurii6.lf,- . ", i1riM~Wuml>.' -. 'e. Al/ilSjjriC ...... A~~QorifNiJmoo' P,oJllCl Nuriib<i,' '-. "Amount
;\~ ,':c,,'
E 71 0.08.23.00.6041 3( 200703.1 00 7 450.00
-&eK ~~ /~~.
Author d Signature 7
VENDOR COPY
:.....\r?, [f'l ~ ~ \D~~
\ ~ It .\f)
:. '..~ OC1 5 '1.0.07
\~-J~} ~
\.. ...-
CITY OF
ASHLAND
NOTICE OF TRANSMITT AI,
TO:
Kari Olson
DATE:
PROJECT:
JOB NO.:
SUBJECT:
October 3, 2007
Neil Creek Flood Study
2007-15
Requisition for Purchase Order
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
1. Requisition for a purchase order for a flood study on Neil Creek by Thornton
Engineering.
2. Original approved contract.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO: Paula Brown
Department of Public
By: James H. Olson
Title: City Surveyor /
t Manager
PUBLIC WORKS
20 E. Main Street
Ashland, Or~on 97520
www.ashland.or.us
Tel: 541488.5587
Fax: 541488.6006
m: 800.735.2900
rj.'
CITY OF
ASHLAND
REQUISITION
No. PW
- FY 2007
Department PW 1 Engineering
Vendor Thornton Engineering
POBox476
Jacksonville OR 97530
Date 3-0ct-07
Requested Delivery Date
Deliver To
Via
Account No. -> In og t-z, 00 Ian 4- ''''Prlf (t Note: Please allow approximately twa(2) weeks fOT delivery on ilems nol
I . generally caned in stored, and approximately two (2) months on printing jobs.)
1
Item No. Quantity Unit Description Use of Purchasing Office Onlv
Unit Price Total Price PO No.
Conduct flood study and prepare a no rise $7,450 $7,450
certificate for Neil Creek near Ashland
Municipal Airport
RFP
Contract Start Date: 8/1 2007
Contract completion Date: 11/1/2007
Project No. 2007)5":: <3U'Y<-1""-- f/r' pC r>
tJ :3, Ib--C ~,..
&?
Job No.
Unit No.
I hereby certify that the above items are necessary fOT the operation
of this department and arebudgeled
~.
/ Department Head or Aulhonzed Person
Issued By
Date
Received By
~~,
In...;, PL'r(:(4t..U
(? <,/Y <{-;
~1.'\
F'/ '--'---,
,/ .,..
ri if:;; (, g></
left ~!: '7
(~