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)
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(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
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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