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HomeMy WebLinkAbout2008-155 Contract - Lomakatsi Restoration Project Contract for PERSONAL SERVICES Less than $25,000 TELEPHONE FAX: Lomakatsi Restoration Marko Bey, Director of Operations PO Box 3084, Ashland, OR 97520 (541) 488-0208 (541) 488-4909 CITY Of ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 CONSULTANT: CONTACT: ADDRESS: DATE AGREEMENT PREPARED: 7/14/08 BEGINNING DATE: 7/22/08 COMPLETION DATE: 8/30/08 COMPENSATION: Time and Materials Not to Exceed $4,700 in accordance with the attached proposal SERVICES TO BE PROVIDED: Blackberry Removal & Replantin2 wi Native ve2etation ADDITIONAL TERMS: As described in the attached accepted SEP Application for DEQ Case No. WQIM-WR-08- 008 and aerial photo inside the area desi2nated as treatment area. FINDINGS: Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department Head 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 $17,342 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 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 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 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: Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 2 of 12 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City'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 iii. 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. Obliaation/Liabilitvof 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, c or 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. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complet~ 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 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. 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 QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF 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 Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. 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. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non- owned vehicles, as applicable. e. Notice of cancellation or chanae. 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 Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 3 of 12 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 Consultant that 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 Oregon filed in Jackson County, Oregon. Consultant, by the signature herein 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. Certification. Consultant shall si n the certification attached hereto as Exhibit A and herein incor orated b reference. CONSUL T A~~ /J CITY OF ASHLAND: BY ~ BY Signatu OrkO ) Print Name TITLE Director of Operations DATE DATE CONTRACT AWARD AND FINDINGS DETERMINED BY: By: FederallD# 97- \ \b5 '-\S~ City Department Head Date: ACCOUNT # 6''76 t1~(q" tJ7tJ (For City purposes only) ~ *Completed W9 form must be submitted with contract PURCHASE ORDER # tPtJ417/ Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 4 of 12 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 10 (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: ~ ~ I (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. 91l~ A-Rft Contractor (j 1~ 16-~OOg (Date) Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 5 of 12 Fonn W-9 (Rev. October 2007) Department of the Treasury Internal Reven~ Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Business name, if different from above Lomakatsi Restoration Check appropriate box: 0 IndividuellSole proprietor \2"corporation 0 Partnership o LiI1lited liability company. Enter the tax c1a.ssifica1ion (O=disregarded entity, C=corporation, P::partnership) ~ _______ o ~r (aee i!'istructioo$) ~ Add;;r SuS' strg:qL~e no.) S t, City, state, and ZIP c Name (as shown on your income tax return) N q) t>> to Q. c: o G) *' ~~ ~g t:~ "t:.E D.~ U G) if q) /B t2 (11 S"'aO List account nunber{s) Mfe {optionan Taxpayer Identification Number (TIN) o Exempt payee Requester's name and address {optionan I SoaaJ "7 !r or Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid backupwithholcing. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor; or disregarded entity, see the Part I instructions on pa~ 3. For other entities, it is your emp/oyer identification number (EIN). If you do not have a number. see How to get a 17Non page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholcing because: (a) I am exempt from backup Withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that lamsubj~ct to backup withholding as a result Of a failure to r$portall interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. lam a U.S, citizen or other U,S. person (defined below). Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently Slbject to backup withholding because youhav~ failed to report al interest a1d dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or aba.ndonrtlentof secured property, cancellation of debt. contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and cividends,you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signatunll of u.s. p8r&on .. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid. acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA Use Form W-9 only if you are a U.S. person (including a resident alien), to provide YOll' correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued). 2. Certify that you are not subject to backup withhOlding. or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable. you are also certifying that as a U.S. person, your allocable sha-e of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN. you must use the requester's form if it is substantially similar to this Form W-9. o.rte" - /6w ?OO DeftntUon of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: . All individual who is a U.S. citizen or U.S. resident alien, . A partnership, corporation, company, or association created or organized in the United States or under the laws of the United states, . An estate (other than a foreign estate), or . A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United states are generally required to pay a withholding tax on any foreign partners' share of income fronl such business. FlI1her.in certain cases where a Form W-9 has not beerl received, a partnership is required to presume that a pa1ner is a foreign person, and pay the withholding tax. Therefore, if you are a U,S. person that is a partner ina partnership conducting a trade or busineSS in the United states, provide Form W-9 to the pa1nership to establish YOll' U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United states is in the following cases: . The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) 08-20 Billings Riparian SEP - Revised Budget 7/8/08 Total Lomakatsi Grub & burn blackberries 1,600 I ac Planting (300 plants lac, $2 I plant) 600 I ac Labor (oriQinal estimate = $1,000 total for 3.4 ac) Total 1.7 ac 1.7 ac 1.7 ac 2720 1020 500 4240 4240 SWCD Wire 375 Posts 750 Stays 75 Energizer 400 Total 1600 . 1600 Solar watering 2000 2000 Project desian - SWCD 30 hrs * $50 I hr 1600 Total project budget 9440 tV as ! G) tV LLo .- 0 c: "'Ilt Q) S - tV G) 0 ~ ~ 0 0 ('t) '0 0 m N E II 0 0 ~ '5 0 Q, ! N e c: .5 a.. af C/) G) c: 0 0 0 ..... 0 U") o ...Z 0<( >-.J =:t UrJ) < tS z+cn . Q) ~ e ~a. Q)- ~jg UC t,/)Q) ....,E oCC .2> e ~ .~ -oW Q)- ~jg o.C e~ a.Q) a. , r~' CITY Of ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER I Page 1 / 1 ".:0.'- 8/6/2008 'I r .~~ftUlER 08471 I VENDOR: 006637 LOMAKATSI RESTORATION PROJECT POBOX 3084 ASHLAND, OR 97520 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Tenns: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Pieter Smeenk Confinning? No Blackberry removal and ReplantinQ with Native VeQetation - Per the attached proposal. Not to exceed $4,700 4,700.00 Contract for Services Date of aQreement: 07/14/2008 BeQinninQ date: 07/22/2008 Completion date: 08/30/2008 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL ~ ~~- ~ 0f' - a:;;;;-ft..l.... ""ftft~: D VF=Nnt"lR r.npv CITY OF ASHLAND REQ,UISITION FORM THIS REQUEST IS A: o Change Order(existing PO # Date of Request: I 7/14/08 Required Date of Delivery/Service: I 8/30/08 Vendorllame Address City, Stale, Zip TelephOlleNumber Fax Nu.... Contact llame Lomakatsi Restoration PO Box 3084 Ashland, OR 97520 Office: (541) 488-0208 Fax: (541) 488-4909 Marko Bey SOLICITATION PROCESS Small PmcInment '~ Less aan $5,000 o Quotes (Optional) ~ntenned'" Procurement o (3) VWiUIrl Quotes (Copies attached) Invitation to Bid (Copies on file) o Copy of contract attached o Contract # Desc.......on of SERVICES 181 Blackberry Removal & Replanting wI Native vegetation Per the attached PROPOSAL Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cosf I I I ProJeclNumber 08 - 20 o Per allached QUOTE AccoUBtNumb.- 675 - 08 - 19 - 00 - 704200 -Items and setVices must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. By signil1ffJ this requisition form. I certify that the info ation provided above meets the City of Ashland public contracting requirements, and the cIocumentation can rovl.'~ reque . EmpIoy_ Signature: U hi Supervisor/Dept. Head Signature: ~ . a...s.. g,. E;2J. G: finance\Procedure\A~'()7_14 reQUisItion -lomakatsi.doc Uodated on: 7/1412008 Memo CITY OF ASHLAND DATE: TO: FROM: RE: CC: July 22, 2008 Mike Faught Pieter Smeenk Findings for Lomakatwsi at Wrights Creek Riparian Restoration Project (PWE #08-20) Terry Ellis This project came about as a result of the City's request to defray up to 80% of the $12,900 fine for exceeding AsqIand Creek loading requirements at the WWTP by funding an environmentally beneficial project in the Ashland area proposed by the Bear Ck Watershed Council. The project proposed and approved is called the Wright's Creek Riparian Restoration Project. Lomakatsi' s portion is spelled out below: ORS 2-79B.065 and AMC 2.50.065 authorize procurement for services less than $5000 on the basis of a single quote. Lomakatsi is to requesting be paid 'on a "time and materials" basis not to exceed $4,700. AMC 2.50.025.A.4 authorizes procurement without legal review for contracts less than $25,000. The contract utilized is a standard City Contract for Services that includes Exhibit A as required by AMC 2.50.025 .A.5. Authority to pay for this procurement using account number 675.08.19.00.704200 was provided by Terry Ellis via email on 6-19-08 in order to meet the DEQ requirements for the WWTP SEP program. Total Lomakatsi Grub & burn blackberries 1,760 I ac Planting (300 plants lac, $2 I plant) 660 I ac Labor loriainal estimate = $1,000 total for 3.4 ac) Total 1.7 ac 1.7 ac 1.7 ac 2992 1122 550 4664 4664 SWCD Wire 375 Posts 750 Stays 75 Energizer 400 Total . 1600 1760 Solar watering 2000 2200 Project design - SWCD 30 hrs * $50 I hr 1760 Total project budget $10,384 Public Works Engineering 20 East Main Street Ashland, Oregon 97520 Tel: 541-488-5587 Fax: 541-488-6006 TTY: 800-735-2900 r~' Contract for Personal Services Less than $25.000. Revised hv J ,.ep81 01/2(\/2007. P':UJ~ ~ of 14