HomeMy WebLinkAbout1999-296 Contract - Nelson/Nygaard
CITY OF ASHLAND, (CITY) CONSULTANT: Nelson/Nygaard
20 E. Main St. Address: 614 SW 11th Ave, Suite 4
Ashland, Oregon 97520 Portland, OR 97205
(541) 488-6002 FAX: (541) 488-5311 Telephone: 503.227.2463 FAX:
AGREEMENT DATE: August 23, 1999 113. BEGINNING DATE: September 1,1999
114. COMPENSATION: $10,000 113. COMPLETION DATE: September 30, 1999
111. SERVICES TO BE PROVIDED: Final report regarding "Transit Options for a Livable Ashland". Report to include: peer
assessment of transit services of 3-5 cities of similar demographics and cultural/tourism mix as Ashland; results of scoping
meeting with city staff to determine transit service size, purpose, facility assumptions, and fare assumptions for final report;
preparation of up to three distinct service alternatives for the entire city (including route maps, demand service alternatives,
vehicle requirements, etc...); preparation of organizational alternatives including continuing RVTD local service, or managing a
local system directly; preparation of a final report (draft available September 15); and Final Presentation to Ashland City Council
and staff. All final reports and data shall also be available in electronic form (Microsoft Word/Excel).
ADDITIONAL TERMS: Paragraph 10 is not applicable to this contract.
Depending on scheduling, final presentation to City Council may be after September 30.
CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000
CITY AND CONSULTANT AGREE:
1. All Costs bv 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. In this event, Consultant shall submit an invoice for work performed as
of the receipt of the written notice, and City shall compensate consultant within 30 days of invoice.
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. Assianment 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
contr 'on between the assignee or subcontractor and City.
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