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Home My WebLink About1999-033 Contract - RVCOG ITY OF ASHLAND PERSONAL SERVICES CONTRACT CITY OF ASHLAND, (CITY) 20 E, Main St. Ashland, Oregon 97520 (541) 488-5587 FAX: (541) 488-6006 CONSULTANT: ROGUE VALLEY COUNCIL OF GOVERNMENTS Address: P O BOX 3275 CENTRAL POINT OR 97502 Telephone: 779-6785 Fax: 541-664-7927 AGREEMENT DATE: JUNE 8, 1999 (reimbursement authorized back to Jan 1, 1998) 113. BEGINNING DATE: Reimbursable for Design Phase with Montgomery Watson Engineering Contract to January 1998 114. COMPENSATION: Not to exceed $15,000 113. COMPLETION DATE: June 30, 2000 SERVICES TO BE PROVIDED: ADMINISTRATION AND COORDINATION FOR THE TAP PROJECT AS IDENTIFIED IN THE ATTACHED CONTRACT SCOPE ADDITIONAL TERMS: Errors and omissions insurance not required. City of Ashland is only responsible for the portion of the Intertie from Medford to Talent and not the general improvements for the benefit of just the City of talent and the City of Phoenix, and not for the application for Rural Development or other funding. CITY AND CONSULTANT AGREE: 1. 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. 2. 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 workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Consultant shall also procure and maintain a current City of Ashland business license. 3. Completion Date: Consultant shall start performing the service under this contract by the date indicated above and complete the service by the completion date indicated above. 4. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum of 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. 5. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279.312,279.314,279.316 and 279.320 are made part of this contract. 7. 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 approximately caused by the negligence of City. 8. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City fail substantially to perform its obligations through no fault of Consultant. 9. Independent Contractor Status: Consultant is an independent contractor 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 and prior to commencing any work, Consultant shall provide City with adequate proof of workers' compensation coverage. Consultant is a subject employer that will comply with ORS 656.017. 10. Insurance: Consultant shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, professional errors and omissions, products and completed operations and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Consultant under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 11. Assi.qnment 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. CONSULTANT: Its E,/,E'(:: Ulig~ ~)fi~ c f'lTf2_ Fed. ID# 9-~' OG,!IVDG Date: ]~0 J~ ~ 9~ Coding: (for Ci~ pu~ses only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT (c ~n~neerlProJecttB STREET WALL YARD CONTRACT wpd) CONTRACT WORKSCOPE between Rogue Valley Council of Governments and the City of Ashland for Professional Services on the Water Intertie Project RVCOG Responsibilities RVCOG will be responsible to receive, administer, and expend funds to complete the project as described: Project Coordination RFP process Water Commission Agreements Water Rights Agreements Materials, Supplies and Advertising B. RVCOG shall be responsible for all costs and expenses related to its employment of individuals and/or consultants to perform the work under this agreement. C. RVCOG will be responsible for the daily administration and oversight of the project. D. RVCOG will have contact with the CITY on a monthly basis regarding work progress. RVCOG will promptly notify CITY of any problem arising in the project which will require the work program to deviate from that defined in this document, so that the PARTIES can address any necessary changes. SUPPLEMENTAL: 1. City Responsibilities A. CITY will reimburse to RVCOG, as defined below, for costs incurred as a result of the project work. B. CITY will provide continual oversight, policy guidance and technical support through their TAP Committee Representatives and City staff throughout the project duration. 2. Compensation A. CITY agrees to split the costs evenly with other participating jurisdictions for the work being completed as a part of this agreement. B. Additional work as agreed by all PARTIES will be billable and paid monthly. 3. Entire Agreement - Amendments and Assignments A. This document shall constitute the entire agreement between the PARTIES. B. All amendments, modifications, or changes to the provisions of this agreement, in whole or in part, may be entered into at any time upon mutual written agreement, signed by both PARTIES. C. This agreement may be amended in the future to identify and complete additional services, upon mutual agreement of both PARTIES. 4. Reports and Records A. RVCOG will provide CITY with a copy of all documents, studies, reports and materials developed pursuant to this Agreement. B. CITY shall provide RVCOG with a copy of all relevant documents, studies, data - digital or otherwise, or reports to assist in the development of the project. 5. Project Contacts A. Administration of this Agreement for RVCOG shall be accomplished by: John Morrison, Community Development and Planning Director Rogue Valley Council of Governments P.O. Box 3275 Central Point, OR 97502 B. Administration of this Agreement for CITY shall be accomplished by: Paula Brown, Public Works Director City of Ashland 20 E. Main St.; Ashland, OR. 97520 C. All notices or other written communication shall be addressed to the above PARTIES, at any of their above addresses. 6. Political Activity The funds, materials, property, or services provided to RVCOG under this Agreement shall not be used for the purposes of influencing legislation or for the benefit of any political candidate campaigning for public office. R',:{ 'OG - Ashland, TAP INTERTIE PROJECT INTERGOVERNMENTAL AGREEMENT Page - 2 {June, 1999)