HomeMy WebLinkAboutStormwater Quality Program Assistance RVCOGCITY OF CENTRAL POINT
PROFESSIONAL SERVICES CONTRACT
Stormwater Quality Program Assistance
This contract is made between the City of Central Point (City) and Rogue Valley Council of Governments
(Consultant).
Consultant Information:
Full Legal name or business name: Roaue Vallev Council of Governments
Address: P.O. Box 3275 City: Central Point Zipcode: 97502
Telephone: 541-664.6674 FAX: 541-664-7927
City and Consultant agree:
1. Services to be provided. Consultant will provide to the City the services set forth in Exhibit B.
2. Effective Date or Duration. This contract is effective on the date at which every party has signed this
contract. T
3. Compensation. City agrees to pay Consultant a sum not to exceed $7,140 for the services to be provided.
A written approval in the form of an amendment of this contract will be obtained where there will be changes
in the scope of work, amount of contract or time. Payment will be made:
Upon completion; or,
City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant
in performance of services in accordance with the payment schedule provided in Exhibit C. No
reimbursement will be made for expenses that are not specifically itemized in this payment schedule
without prior approval by City. Consultant shall submit monthly invoices to City for Consultant's
services on the 20'h day of the month after the end of the month covered by the invoice. Total
payments under this contract or any amendments shall not exceed the sum specked in this section 3.
4. Authorized Consultant Representative. The authorized representative for Consultant is Greg Stabach.
5. Standard Contract Provisions. Consultant shall comply with the City's Standard Contract Provisions for
Professional Services as modified for this contract, a copy of which is attached as Exhibit A.
(�CITY OF CENTRAL POINT ` CONSULTANT
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Title: Parkks}& Public Works Director
Date:
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SSN/Tax Id. No.:
CP Business License No.: N/A
Form 1099: On file: Attached:
EXHIBIT A
CITY OF CENTRAL POINT
CONTRACT PROVISIONS FOR PROFESSIONAL SERVICES
1. Qualified Personnel. Consultant has represented, and by entering into this contract now represents, that all
personnel assigned to the services 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.
2. Contract Renewal. The City shall have the option to renew this contract annually after the initial term has
expired. Each renewal shall be with such modifications as may be agreed to by the parties in a written
amendment of the contract, provided that the amendments made for any renewal term may not increase the
total compensation to be paid to Consultant by more than 10 percent or increase the rate of compensation
for any contract Service by more than 5 percent.
3. Authorized Representative for City. The City's authorized representative is either the City Manager, the
Parks &Public Works Director, or a duly authorized representative.
4. Notices. Any notice permitted or required by this contract shall be deemed given when personally delivered
or upon deposit in the United States mail, postage fully prepaid, certified, and with return receipt requested,
to the persons and addresses shown below. In addition, if directions for telephonic transmission ("FAX") are
set forth below, notices may be delivered by FAX. Notices sent by certified mail will be deemed delivered
three business days after placement in the mail and notices sent by FAX will be deemed delivered when
successful transmission is electronically confirmed. Except as expressly provided in the contract, required
notices must be signed by the person designated to receive notices, or that person's designee or attorney.
Consultant: Authorized Representative named on pages 1 and 2 at address for Consultant listed on
pages 1 and 2.
City: Authorized Representative (see section 3 of this page), 140 South Third Street, Central Point,
Oregon 97502
Each party shall notify the other of any change in the name, address or FAX instructions to be used for
delivery of notices.
5. Termination. Notwithstanding any other provision to the contrary, this contract may be terminated as
follows:
5.1. The parties, by mutual written agreement, may terminate this contract at any time.
5.2. Ether party may terminate this contract in the event of a breach of the contract by the other party.
5.3. The City may terminate this contract at any time or for any reason, upon not less than ten days' notice
in advance of the termination date.
5.4. City may terminate this contract immediately upon Consultant's failure to have in force any insurance
required by this contract.
Except as provided in section 6, in the event of a termination, City shall pay Consultant for work performed to
the date of termination.
6. Remedies.
6.1. In the event of a termination of this contract by City because of a breach by Consultant, City may
complete the Services ether by itself or by contract with other persons, or any combination.
Consultant shall be liable to City for any costs or losses incurred by City arising out of or related to the
breach, including costs incurred in selecting other contractors, time -delay losses, attorney fees and
the like, less the remaining unpaid balance of the consideration provided in this contract. City may
withhold payment of sums due Consultant for work performed to the date of termination until Citys
costs and losses have been determined, at which time City may offset any such amount due
Consultant against the costs and losses incurred by City.
6.2. The foregoing remedies provided to City for breach of this contract by Consultant shall not be
exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies
available because of Consultant's breach.
6.3 In the event of breach of this contract by City, Consultant's remedy shall be limited to termination of
this contract and payment for work performed to the date of termination.
6.4. The Consultant shall be allowed to remedy a breach of this agreement by curing such breach or
making reasonable progress toward its cure within 15 days after City has given written notice of
alleged breach to Consultant.
6.5. The City shall be allowed to remedy a breach of this agreement by curing such breach or making
reasonable progress toward its cure within 15 days after Consultant has given written notice of the
alleged breach to the City or upon five days' notice if work under this Agreement has been
suspended by either City or Consultant for more than 30 days in the aggregate.
Records/inspection. Consultant shall maintain records of its charges to City under this contract for a period
of not less than 3 (three) full fiscal years following Consultant's completion of this contract. Upon reasonable
advance notice, City or its authorized representatives may from time to time inspect, audit and make copies
of any of Consultant's records that relate to this contract. If any audit by City discloses that payments to the
Consultant were in excess of the amount to which Consultant was entitled under this contract, Consultant
shall promptly pay to City the amount of such excess. If the excess is greater than one percent of the
contract amount, Consultant shall also reimburse City its reasonable costs incurred in performing the audit.
8. Ownership of Work Product. All work product of Consultant that results from this Agreement (the work
product) is the exclusive property of City, once the Consultant has been paid for services rendered. City and
Consultant intend that such work product be deemed "work made for hire of which City shall be deemed the
author. If for any reason the work product is not deemed "work made for hire," Consultant irrevocably
assigns to City all its right, title, and interest in and to any and all of the work product, whether arising from
copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine.
Consultant shall execute such further documents and instruments as City may reasonably request in order to
fully vest such rights in City. Consultant forever waives any and all rights relating to the work product,
including without limitation, any and all rights arising under 17 USC 106A or any other rights of identification
of authorship or rights of approval, restriction or limitation on use or subsequent modifications. The City
agrees to hold harmless and indemnify the Consultant from any and all liability whatsoever, associated with
any reuse of work products generated by this work project, beyond the original purpose intended by this
contract.
9. Indemnification. Exceot for claims that relate to professional liability. Consultant shall 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 agreement by Consultant (including but not limited to, Consultant's
employees, agents, and others designated by Consultant to perform work or services attendant to this
agreement). Consultant shall not be held responsible for damages caused by the negligence of City. If the
claim or liability results from error or omissions in the products, results, analyses, opinions,
recommendations, directions, designs, or other manifestation of Consultant's professional services, including
any other professional act, error or omission that is subject to professional standards of care, the obligation
of Consultant hereunder shall only exist to the extent of Consultant's negligence or willful misconduct.
10. Workers' Compensation. If Consultant will perform the work with the help of others, Consultant shall
comply with the Oregon Workers' Compensation law by qualifying as a carrier -insured employer or as a self-
insured employer and shall strictly comply with all other applicable provisions of such law. Consultant shall
provide the City with such further assurances as City may require from time to time that Consultant is in
compliance with these Workers' Compensation coverage requirements and the Workers' Compensation law.
11. Insurance. Consultant shall have and maintain the insurance policies specified below. Each policy of
insurance shall be written as a primary policy, not contributing with or in excess of any coverage which City
may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to
commencement of the Services. The adequacy of all insurance policies for compliance with this Section 11
shall be subject to approval by City's Risk Manager. Failure to maintain any insurance coverage required by
the contract shall be cause for immediate termination of the contract by City.
Unless otherwise specified, each policy shall be written on an "occurrence' forth with an admitted insurance
carrier licensed to do business in the state of Oregon; and shall contain an endorsement entitling City to not
less than 30 days prior written notice of any material change, non -renewal or cancellation. In the event the
statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased
above the combined single limit coverage requirements specked below, City shall have the right to require
that Consultant increase the coverage limits of all liability policies by the amount of the increase in the
statutory limit.
11.1. Commercial General Liabilitv. Consultant shall maintain a broad forth commercial general liability
insurance policy with coverage of not less than $1,000,000 combined single limit per occurrence, and
as an annual aggregate, for bodily injury, personal injury or property damage. The policy shall have a
contractual liability endorsement to cover Consultant's indemnification obligations under the contract.
The policy shall also contain an endorsement naming City as an additional insured, in a forth
satisfactory to City, and expressly providing that the interest of City shall not be affected by
Consultant's breach of policy provisions.
11.2. Workers' Comoensation Insurance. Unless Consultant is exempt, Consultant shall comply with the
Oregon Workers' Compensation law by qualifying as a carrier -insured employer or as a self-insured
employer and shall strictly comply with all other applicable provisions of such law. Consultant shall
provide City with such assurances as City may require from time to time that Consultant is in
compliance with these Workers' Compensation coverage requirements and the Workers'
Compensation law.
11.3. Comorehensive Automobile Liability. If Consultant will use a motor vehicle on a regular basis in the
performance of the Services, Consultant shall maintain automobile liability insurance coverage of not
less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury or property
damage for each motor vehicle owned, leased or operated under the control of Consultant for, or in
the performance of, the services.
11.4. Professional Liabilitv. If Consultant is required to be licensed by the State of Oregon to perform the
Services, Consultant shall maintain a professional liability insurance policy with coverage limits of not
less than $1,000,000 per claim, and a deductible or self-insured retention of not more than $250,000
per claim to protect Consultant from claims by City or others for injury, loss or damage arising from or
resulting from the wrongful or negligent performance or non-performance of, the Services. The policy
shall contain an endorsement entitling City to not less than 60 days prior written notice of any material
change, non -renewal or cancellation of such policy. This policy may be written on a'claims made'
form, provided that continuous coverage is maintained to cover claims made within two years after
completion of the Services.
12. Assignment/Subcontracting. Consultant shall not assign this contract, in whole or in part, or any right or
obligation, without City's prior written approval. Consultant shall require any approved subcontractor to
agree, as to the portion subcontracted, to comply with all obligations of Consultant specified in this contract.
Notwithstanding City's approval of a subcontractor, Consultant shall remain obligated for full performance of
this contract and City shall incur no obligation to any subcontractor. Consultant shall indemnify, defend and
hold City harmless from claims of subcontractors related to the performance of the Consultant's duties under
this agreement.
13. Independent Contractor. Whether Consultant is a corporation, partnership, other legal entity or an
individual, Consultant is an independent contractor. If Consultant is an individual, Consultant's duties will be
performed with the understanding that Consultant is a self-employed person, has special expertise as to the
services which Consultant is to perform and is customarily engaged in the independent performance of the
same or similar services for others. The manner in which the services are performed shall be controlled by
Consultant; however, the nature of the services and the results to be achieved shall be specified by City.
Consultant is not to be deemed an employee or agent of City and has no authority to make any binding
commitments or obligations on behalf of City except to the extent expressly provided in this contract.
14. Compliance with LawsBusiness License. Consultant shall comply with all applicable Federal, State and
local laws, rules, ordinances and regulations at all times and in the performance of the Services, including,
but not limited to those laws pertaining in nonresident contractors in ORS 279A.120 and all applicable
provisions of ORS 2796.220, 279B.225, 279B.230, 27913.235, and 279B.240. Consultant shall obtain a City
of Central Point business license as required by the city municipal code prior to beginning work under this
contract. The Contractor shall provide a business license number in the space provided on pages one and
two of this contract.
15. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State
of Oregon. Any claim, action, or suit between City and Consultant that arises out of or relates to
performance of this agreement shall be brought and conducted solely and exclusively within the Circuit Court
for Jackson County, for the State of Oregon. Provided, however, that if any such claim, action, or suit may
be brought only in a federal forum, it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon.
16. Attorney Fees. In the event of any action to enforce or interpret this contract, the prevailing party shall be
entitled to recover from the losing party reasonable attorney fees incurred in the proceeding, as set by the
court, at trial, on appeal or upon review.
17. Integration. This contract embodies the entire agreement of the parties. There are no promises, terms,
conditions or obligations other than those contained in this contract. This contract shall supersede all prior
communications, representations or agreements, either oral or written, between the parties. This contract
shall not be amended except in writing, signed by both parties.
EXHIBIT B
Stormwater Quality Program Assistance
2015-2016 Scope of Work
Task 1. Salmon Watch Program Implementation, Scenic Middle School. Total Task Cost = $2,220.00
Subtask 1: Schedule Classes and Coordinate Logistics.
Schedule the Salmon Watch program with Scenic Middle School in the Fall of 2015 or Spring of 2016. Logistics
include coordinating field days, finding instructors, organizing transportation, and coordinating materials.
Estimated time = 4 hours
Estimated cost = $320.00
Subtask 2: Implement the 2015-2016 Salmon Watch Program.
Teach classroom and field modules that are part of the Salmon Watch curriculum.
Estimated time =16 hours plus 2 contracted instructors
Estimated cost = $1,580.00
Subtask 3: Program Evaluation
Conduct before and after program surveys of students, teachers and field instructors to gather information on
the program success and to obtain feedback regarding improvement needs. RVCOG, City staff and other
interested partners will review this information in a post -program de -briefing. Program modification suggestions
will then be incorporated into the 2016-2017 school year.
Estimated time = 4 hours
Estimated cost = $320.00
Task 2. Reach by Reach Restoration Program Coordination —Total Cost - $4,720.00
Subtask 1: Coordinate with City staff to identify (and map) priority reaches for restoration. Includes
identification of potential landowners based on City invasive species/maintenance surveys.
Estimated time = 4 hours
Estimated cost = $320.00
Subtask 2: Develop or use existing materials to contact landowners through direct mailing, in-person
contact, newsletter article(s), postings on bulletin boards, facebook posts, and/or other means to gauge interest
in the program.
Estimated time = 12 hours, plus postage/printing costs if needed
Estimated cost = $1,060.00
Subtask 3: Provide technical assistance and other needs for projects potentially including but not limited to
site visits, developing planting prescriptions/planting plans, obtaining landowner agreements for program
participation, and maintenance and monitoring requirements.
Estimated time = 16 hours
Estimated cost = $1,280.00
Subtask 4: Collaborate with OSU Extension, Jackson SWCD, or other groups to implement Streamside
Gardening workshop(s) for participants and any other interested landowners in Central Point. Track attendees.
Estimated time = 8 hours.
Estimated cost = $640.00
Subtask 5: Work with Jackson SWCD, OSU Extension, and/or others (E.g., Connecting People with Nature)
to identify and potentially secure additional funding for a full Streamside Gardening Workshop and/or
Landowner assistance for project implementation.
Estimated time = 8 hours. Estimated cost = $640.00
Subtask 6: Coordinate with City staff to organize and implement blackberry removal and restoration planting.
Landowners and volunteer participants are preferred; however, contracted staff may be considered in the
absence of a sufficient volunteer work party.
Estimated time = 4 hours.
Estimated cost = $320.00
Subtask 7: Photo -document before and after conditions for reporting purposes.
Estimated time = 2 hours
Estimated cost = $160.00
Subtask 8: Conduct pilot year program evaluation and establish recommendations for the proceeding year's
implementation.
Estimated time = 4 hours
Estimated cost = $320.00
NOTES FOR CONSIDERATION: City and RVCOG should coordinate on developing a plan/procedure for:
1. Minimum site area/stream length needed for eligibility. I recommend starting small during the first year
(i.e. minimum of 4land owners, 2 on each side of the stream).
2. Blackberry removal/BMPs (i.e. mechanical, chemical techniques, permitting requirements, and other
considerations. RVCOG has experience in this work so this may be a task for which they are well suited.)
3. Restoration planting plan for the chosen site.
4. Maintenance requirements—timing, needed activities.
5. Monitoring protocol—photo document conditions annually, plant mortality/replacement, air/stream
temperatures with tidbits (?), etc.
Miscellaneous (mileage, supplies, printing, etc.)= $180.00
Total Cost Estimate = $7,140.00
EXHIBIT C
STORMWATER QUALITY PROGRAM ASSISTANCE
PAYMENT SCHEDULE
The following payment schedule outlines the invoice submittal deadlines for work performed in accordance with
the scope of work set forth in Exhibit B throughout the contract period.
October 1— 30, 2015
November 1— 30, 2015
December 1- 31, 2015
January 1— 31, 2016
February 1-28, 2016
March 1— 31, 2016
April 1— 30, 2016
May 1— 31, 2016
November 20, 2015
December 20, 2015
January 20, 2016
February 20, 2016
March 20, 2016
April 20, 2016
May 20, 2016
June 20, 2016