HomeMy WebLinkAbout1992-134 Contract - Blue T Golf CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000
CITY OF ASHLAND, (CITY) CONSULTANT: Blue T Golf, Inc.
20 E. Main St. Address: 14129 S Street
Ashland, Oregon 97520 Omaha, Nebraska 68137
(503) 482-3211 FAX: (503) 488-5311 Telephone: (402) 896-2618 FAX: (402) 895-2571
AGREEMENT DATE: November 25, 1992 BEGINNING DATE FOR SERVICES: December 1, 1992
COMPENSATION:S3,500 COMPLETION DATE: Eight weeks from beginning date.
SERVICES TO BE PROVIDED: See attached Exhibit A.
ADDITIONAL TERMS: Delete paragraph 10 insurance requirements. If City proceeds with the project employing
consultant as the developer of the golf course project, then consultant will forgive afl costs as indicated.
3)TY AND CONSULTANT AGREE:
t. Ail 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 worker-like 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 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, Compensation under this contract, including all costs and expenses of Consultant, is limited to $3,500,00 and City shall not be
obligated to pay any sum in excess of $3,500.00 unless a separate wriffen contract is entered into by City,
5. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall the property of City,
6. Statutory Requirements: ORS 279312, 279314, 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 afl losses,
claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including iniury 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 Consurtant 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 sha¢ provide City with adequate proof
of workers' compensation coverage Consultant is a subiect employer that will comply with ORS 656017
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 $100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis The City of Ashland, its officers, employees and agents shall be named as additional insureds Cedificates of
insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Consultant under this
agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications
cannot be made until at least 30 days prior written notice has been given to City A certificate which states merely that the issuing company "will
endeavor to mail" written notice is unacceptable.
11. Assignment and Subcontracts: Consu/tant shall not assign this contract or subcontract any portion of the work without the written consent of
City Any attempted assignment or subcontract without written consent of City sharl be void. Consultant shall be fully responsible for the acts or
omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall
not create any contractual relation between the assignee or subcontractor and City
CONSULTANT:
Fed. ID #
CITY OF ASHLAND: ~
/ City Administrator ¢ ,?' j '
CONTENT REVlEW:~.,.4~ ~¢~/ty Dept, Head) Dare.
CITY OF ASHLAND PERSONAL SERVICES CONTRACT ,$ ~5,000 ¢.'~rms ~a-sh V'd ~ 1/9~)
EXHIBIT A
Consultant shall:
A. Assisted by its golf course architect, design the initial construction specifications (routing plan) describing the size and site layout of tile
facility on property known as the Billings prope~fy
B. Make an estimate, based on modified specifications and subject to changes as described herein, design and architectural costs,
construction costs, engineering costs, finance costs, and all other costs associated with the construction of the goff course,
C. Provide a cash flow pro-forma reflecting revenue and expenses from the golf course, operating and maintenance costs, and
lease/purchase financing amortized over 20 years. Included with the lease/purchase financing will be an estimated Use of Funds Costs.
D. Deliver the information as described in A, B, and C, within eight weeks of the execution of this agreement