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Home My WebLink About1998-055 Contract - Ted Mularz ITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 CITY OF ASHLAND, (CITY) 20 E. Main St. Ashland, Oregon 97520 (503) 482-3211 FAX: (503) 488-5311 CONSULTANT: Mr. Ted Mularz, Architect Address: P.O. Box 1328 Ashland, Oregon 97520 Telephone: 488-2140 FAX: 488-2140 AGREEMENT DATE: 6 May 1998 BEGINNING DATE: 6 May 1998 ¶4. COMPENSATION: Not To Exceed $10,000 ¶3. COMPLETION DATE: TBA ¶1. SERVICES TO BE PROVIDED: Update of the 1995 Ashland Fire & Rescue Space Needs Study for construction of two new Fire Station facilities. ADDITIONAL TERMS: 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. ,r, ,,cur~n¢~ ¢encultant chall, at itc own ~,'<pen~o, at all time~ during the term of thic agroomont, rr~intain in foroo Q oomprc, hon~ivc gcncrcl :"*h~dinq coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, professional errors .... hieted operations and comprehensive automobile liability including owned and non-owned automobiles. The · ¢~nO.000 per occurrence (combined single limit for bodily injury and property damage claims) or .... nne for property damage. Liability coverage shall be provided on an ' "',,,nts shall be named as additional insureds. Certificates of -' ',f any services by Consultant under this '~'4~nd restrictive modifications -~"~n~nv "will 11. 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. CONSULTANT: CITY OF ASHLAND: BY Dire¢or of Financ..~ CONTENT REVIEV~' FORM REVIEV~' Purchase Order# Coding: ///~ ' ,~.,~ (City Dept. Head) (CityAttorney) Date.'¢,/¢~ (for City purposes only) THEODORE ARCHI~'ECT'URE CONSULTATION L. MULARZ, FAIA, ARCHITECT 11 May 1998 Keith E. Woodley, Fire Chief Ashland Fire and Rescue 455 Siskiyou Boulevard Ashland, Oregon 97520 Re: Ashland Fire Stations Dear Keith: Enclosed is the Personal Services Contract which I have signed. Note that I have stricken item "10. Insur- ance" as we did in the last Service Contract of May 22, 1995. (Copy enclosed) For the consultation work I do, and as I have done, Professional Liability Insurance is not really necessary consequently I don't carry it because of the expense. In any case I assume that eliminating this paragraph will again be acceptable to you and the City. After the contract is signed please return a copy to me for my file. If we need to revisit the insurance provision please let me know. Also enclosed is a description of the two spaces we discussed at our meeting on May 6th. These will be included in the Program Outline along with any other additions, deletions, and/or modifications. I look forward to resuming our working relationship in the development of a final Program Outline that will result in Fire Station facilities we will all be proud of when completed. Your confidence in me is appreci- ated. Sincerely, Ted Mularz Encl. Personal Services Contract 5/11/98 Personal Services Contract Copy 5/22/95 Space Requirements addition BOX 1328 ASHLAND, OREGON 97520 0045 PHONE & FAX 541 488-2140