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HomeMy WebLinkAbout1997-128 Contract - Consulting & Personal ServicesCITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 CITY OF ASHLAND, (CITY) 20 East Main Street Ashland, Oregon 97520 (503) 482-3211 FAX: (503) 488-5311 AGREEMENT DATE: October 26, 1993 I[4. COMPENSATION: See Exhibit A '~1. SERVICES TO BE PROVIDED: CONSULTANT: Consulting & Personal Services Inc. Address: 2250 Churchill Eugene, OR 97405 Telephone: (503) 343-3262 FAX: (503) 343-3262 I[3. BEGINNING DATE: October 29, 1993 ~3. COMPLETION DATE: December 22, 1993 Building Evaluation for ADA Compliance ADDITIONAL TERMS: Terms not exceed Exhibit A 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 othervise 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 asslgned 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: AJl 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. 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. Assi.qnment 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. Its Fed. I D # CITY OF ASHLAND: istrat.gr/~ ,./' ~// / / CONTENT REVIEW:~ ~ t /(City Dept. Head) Date: I/~f/,~ ~ FORM REVIEW: (City Attorney) Date' .~ ~r~' ~' Ooding: ~ (for City pul'poses only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT < $15,000 (p:forms la-shrtps.fk)(rev'd 7/93) OCT 26 ~93 02;~0PM AT&T FAX 9015PF P,3 Exhibit A PROPOSAL FOR CITY OF ASHLAND COMPLIANCE $ERVICF~ FOR THE AMERICANS WITH DISABILITIES ACT PRESENTED BY CONSULTING & PERSONAL SERVICES INC. Project Statement It is our understanding the city of Ashland is requesting assistance to develop an ADA compliance plan, including identification of non-complying physical elements of the buildings and recommendations for correction. Proposed Methodology Consulting & Personal Services Inc. will conduct a physical survey of each building, taking note of all conditions not complying with the ADA. A comprehensive written report of all findings will be submitted. This report will include observations of non- complying conditions, references to specific sections of the ADA which are violated (code references), and recommendations for bringing the condition into compliance. Recommendations will show possible alternatives for compliance. At your discretion, the report can follow a narrative format, or can be set up so each non-complying item is on a separate page, with code reference, recommendation, and space for recording priority ranking, responsible person, etc. Sample reports will be included in this proposal. This report will be presented in the first draft stage. You can edit and add your planning information prior to completion of the final copy which can function as your compliance report. Following the issuance of this base data draft report, we will be available to you in Ashland for one day of meetings to assist you to develop your implementation plan, and attend any meetings, on that day, you have scheduled. We will then obtain your edited draft, make all corrections and present the City with a Single copy of the final report. Compensation The report can be provided at a cost of $400 per building surveyed, plus expenses and mileage, anticipating we will complete the physical survey of at least 2 buildings .per day. Should you request services beyond the scope of this proposal, (Cost estimating, specific plan development and construction specification development, employee policy review, etc.) additional services can be provided dependent on the service requested. OCT 26 '93 02:41PM AT&T FAX 9~15PF P.4 Exhibit A Buildings identified. City Hall City Planning office Municipal building Fire station one and two Police Department Public works building Parks facilities Senior center and pool Community center Because of the size of some buildings, we may not bill the 'full $400.00 per building. Consider the $400.00 a "not-to-exceed" figure. 9 buildings @ $400 per Mileage, a21 miles round trip, 2 round trips @ $0.24 per mile Expenses @ $85.00 per day, max 4 days $3600,00 202.08 References Accessibility surveys completed by Consulting & Personal Services Inc. recently include those done for: Clatsop Community College 1653 Jerome Ave. Astoria, OR 97103 (503) 325-0910 Contact: Jeff Whittaker State of Oregon Department of Justice Justice Building Salem, OR 97310 (503) 378-4400 Contact: Gary Pierson Marcola School District 38300 Wendeling Rd. Marcola, OR 97a54 · (503) 933-2817 Contact: Doss Bradford OCT 26 '93 D2:41PM ATST FAX 9015PF F~.5 Exhibit Qualifications and Assurance of Stability DarTel Ackerman worked with the Oregon Architectural Barriers Council to draft and lobby for the original accessibility codes in 1973. He has been active throughout the state as a consultant designing and constructing commercial and residential facilities since 1973. Mr. Ackerman is one of seven people in Oregon who have received training and testing by the Oregon Disabilities Commission, and carries a card identifying him as the technical accessibility specialist for the Southwest region of the state. In addition he is an instructor for the training seminars given by the Oregon Disabilities Commission for their accessibility specialists. He consults with the State Building Codes Agency on Code development and interpretation and works with city and county building code enforcement agencies on issues related to accessibility. Consulting & Personal Services has been in operation for 18 years. We carry completed operations insurance in addition to other requirerl insurance for our Construction Contractors Board registration. Additional insurance such as errors and omissions can be obtained specific to this project at a price of $3,800.00 in addition to project costs. A