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Home My WebLink About1994-109 Contract - MarquessCITY OF ASHLAND CITY HALL ASHLAND, OREGON 9?520 telephone (code 503) 482-3211 December 5, 1994 Mr. Robert Milts Marquess & Associates 1120 East Jackson Street MEDFORD OR 97504 Re: OAK KNOLL GOLD COURSE PARKING LOT DESIGN CONTRACT Dear Bob: Enclosed is a fully executed contract for services to design the Phase 2 parking lot improvements for Oak Knoll Golf Course. PIease proceed with the work at your earliest opportunity. You may also wish to have your insurance agent send insurance certificates since we no longer have the current certificates on file. If you have any questions during the course of the work please feel free to contact me at 488-5347. Sincerely, James H. Olson Assistant City Engineer CC: Ken Mickelson Steve Guis Nan Franklin (original contract) (c:\eng[neer\marquess.ltr) ITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 CITY OF ASHLAND, by and through its CONSULTANT: Mr. Dale Hofer, Marquess and Associates Parks and Recreation Commission (CITY), Address: 1120 East Jackson Street, Medford, OR 97504 20 E. Main St. Ashland, Oregon 97520 (503) 482-3211 FAX: (503) 488-5311 Telephone: (503) 772-7118 FAX: (503) 779-4079 AGREEMENT DATE: November 4, 1994 113. BEGINNING DATE: December 1, 1994 I[4. COMPENSATION: $6,385.00 113. COMPLETION DATE: 60 days 111. SERVICES TO BE PROVIDED: Provide engineering services required to design parking lot improvements including topo survey, preparation and construction plans, preparation of technical specifications and all required construction staking. ADDITIONAL TERMS: See attached proposal. 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 alt personnel assigned to the work required under this contract are fully qualified to pedorm 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 stad 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 resultin9 in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of, or in connection with any negligent act or omission, or incident to the pedormance 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) o¢ $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 insurers. 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 Assiqnment 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: Fed. ID # P ,ad(,%and Recreation/G.ommiss!on: Parks and R~'~~tor , /_ I~.,- FORM REVIEW: rF,.~ur~ (City A~orney) Date: Purchase Order ~ Codi~g: (for C/~ purpo~e~ PARKS AND RECREATION PERSONAL SERVICES CONTRACT <$15,000 (p:parkslps-short. fk)(rev'd 11/94)