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HomeMy WebLinkAbout1991-087 Contract - McCormickCITY OF ASHLAND CI TY HALL ASHLAND, OREGON 97520 telephone (code 503) 482-3211 November 21, 1991 Mr. Ronald J. McCormick McCormick and Associates 160 Grouse Creek Road Grants Pass, Oregon 97526 Dear Ron: Enclosed is a signed copy of the contract for Ashland's Forest Management Plan. Pam Barlow will be taking the lead staff role for the project. I passed the press release to Mayor Golden for her review. Hopefully, we can give it to the Tidings and Tribune next week. We are looking forward to the project with a great deal of excitement and anticipation. Sincerely yours, on M. Hall, P.E. Public Works Director SMH: CC: Brian Almquist, City Administrator Pam Barlow, Adminstrative Assistant Dennis Barnts, Water Quality Superintendent Jill Turner, Finance Director Nan Franklin, City RecorderL~ Encl: Contract CITY OF ASHLAND PERSONAL SERVICES CONTRACT CiTY OF ASHLAND, (CITY) CONSULTANT:RONALD J. McCORMICK,dba McCormick and Assoc. 20 E. Main St. Address: 160 Grouse Creek Road Ashland, Oregon 97520 Grants Pass, OR 97526 (503) 482-3211 FAX: (503) 488-5311 Telephone:(503) 474-3041 FAX: DATE OF AGREEMENT: BEGINNING DATE FOR SERVICES: immediately COMPENSATION: Not more than $20,860 COMPLETION DATE: SERVICES TO BE PROVIDED: As specified on the attached document entitled "Agreement for Planning Services between City of Ashland and McCormick and Associates" pages 2 through 8. 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. 3. Completion Date'. Consultant shall start pen~orming the service under this contract by the date indicated above 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 on the first 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 $20,860.00 and City shall not be obligated to pay any sum in excess of this amount unless a separate written 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 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 agents, and employees 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 pedorm 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 pedormance 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~!~{lity for obligations assumed under this Contract, blanket contractual liability, prcfc;s=,~.~,;', crr~,,~ - -c:.~ :~s, pr~d,,cfs ?nd c~_m2!~t_~d ~;'~_rat!~._~l '~_nd owner's and contractor's protective insurance 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. Certificates of insurance acceptable to the City shall be filed with City 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 podion 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. 12. Special Provisions: NONE CONSULTANT: Fed. ID CITY OF ASHLAND: City Administrator,,, .i ~ ' i~ CONTENT REVIEW: ..~ t~ tT~ ,(~.ity Dept. Head) Date: r"~ I FORM REVIEW: ~ ~ .'(City Attorney) Date: /{. 3<2. ~! Coding: (for City purposes only) ASHLAND PERSONAL SERVICES CONTRACT <$15,000 (p:formslmccormic.fk)(rev'd 11/91) AGREEMEN7 FOR PLANNING SERVICES BE FW~_EN Ti.~Ei CZ [Y OF: ASHLAND AND MC C[]RMiCK AND A~3SOCiA'TES PdBi._lC li'qVOL. VE~',~ENi FACtL_ifA'Fi[]N AND PREPARATION OF: A FORES~ ~J4NAGEMENT 13L_AN FOR CiTY LANDS Wi]'F~i~ ~HE ASHLAND WA'i~RSHED City-owr~ed paroeis~ desigr, am0 oor~duct tnree mub],io wa'bershed as cossiole. i.3 plot data, fc, restvy cc, r, sui~ant timber stared data? OUTCOME: City OFficials - Mayo, r, Ci. tv Adr,'tir, im'crator, City' PI::~EPARE: DRAF] S']'APiDi:::IRDS FrOR Dii%[.:-Li::),:'~'¢ii£1,~- A,D L..hE;E C}~ P a Q e 3 . F 9 7. i V.2 fc, r' each CE)Pi P ENSA T Z ]. T]iME-REi_AT ED Ci.-.iA R G E% charges sl'",a] ]. be tlae total days w,::,rke¢] or, Prc,.]ect by each Assc, c~ate, muir±piled by the Assc, cia'te's ~'a~e. ii. DiRECF EXPEi'4SES t ime-relate~ c-harges~ lr~curre(] d~.'ect iy fc, r Project. Dir'ec:~ exoer~ses ir~curred by Plar~r~e'r shai] be b:~iied at actual I ].mi bed ~ ,::): Pro) 4. Li,/ir~g arid traveti'r,g ¢ =''-=~ ,::4: AN]L) -r ]]lqE Cage 5 c,f 9 thar~ est~.rnated~ Plar~r~er' sinai! ¥'~otif¥' ~i'~e C~'sV ~.~ wr'iLt]rd~ City a?'ees i¥~ wr'i'tlr~g to cio sc,. P].anr~er. shall not :[ V. PAYMiEi',.FF (]P C[)'?,iPiEr, iSF:ii i led by P].axn';e~.* b,::, '~lne City. V, (COMPE]",i':ih::.ii iL)i\i S(]}~.iF;D(JLI.:~ ( PROGRLC{::~S FASK i - Examine Pr,:,merty, Cc, llect Res,:::,~u~ce [)at a 7-ASK ' .... hl e e t i r, g s ]-ASK = .- TASK .~?' " Pr'eDa,"e Draft c,f City PAYMEN ~- TASK ;i~r8 Review ant! ~:~,ev~!=e Draft wltr~ 'fASK :~1:9 Pcese','rs DI aft.Pi a'r, 'to:, Di ~c~or - (.: :i t; ¥ ,::,f 6:50