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Home My WebLink About1996-149 Contract - Headwaters DEPARTMENT OF PUBLIC WORKS ADMINISTRATION: (541) 488-5587 ENGINEERING: (541) 488-5347 4ude:r CITY OF ASHLAND C I T Y HAL L 20 E. MAIN STREET ASHLAND, OREGON 97520-1814 FAX (541)488-6006 September 9, 1996 COpy Headwaters Pam Tennity, Project Leader P.O. Box 729 Ashland, OR 97520 Dear Pam: Enclosed is the revised personal services contract for the Roca Canyon Nonpoint Source Pollution Abatement Project. It needs to be signed and returned to me, and I will see that it is completed. I will forward a copy of the completed agreement to you. Please be aware that, in addition to submitting the quarterly reports, you will need to bill us in order to be paid for the time periods indicated in the agreement. Pursuant to paragraph 11 of the agreement dated July 1, 1996, between the City of Ashland and Headwaters, the city consents to the subcontracting for Linda Chesney, Steve Koskella, and Kerry KenCairn. If you have any questions, please call me at 488-5587. ~relY, ~~~ /~ Pamela J. Barlow~~ Administrative Assistant Public Works Department cc: Susan Wilson Broadus, P.E., Dir. Public Works Paul Nolte, city Attorney CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 1\ CITY OF ASHLAND, (CITY) CONSULTANT: Headwaters, c/o Pam Tennity 'I 20 E. Main St. Address: P.O, Box 729 I Ashland, Oregon 97520 Ashland, OR 97520 (503) 482-3211 FAX: (503) 488-5311 Telephone: (541) 482-4459 FAX: (541) 482-7282 AGREEMENT DATE: July 1, 1996 1:3. BEGINNING DATE: July 1,1996 !4, COMPENSATION: For services !3. COMPLETION DATE: Sept.1, 1997 rendered, not to $10,000 '11. SERVICES TO BE PROVIDED: Nonpoint Source Pollution Abatement Project as per attachement (monitoring, site evaluation, project design); project implemented in coordination with DEQ 2-year funding of same project (to implement project construction). ADDITIONAL TERMS: To be paid as follows-- For initial assessment, payment on Oct. 1, 1996 .. ... . .. . . . .. . . . . . . . .. . . . . . . . .. ... . . . .. . .. . $2,500 Winter Quarter '97, Progress Report, Jan 1, 1997 . . . , , . . , , . . , , . . . . , . . , . . . . . , . . , . . . . . , , . , . . . . $2,500 Spring Quarter '97, Progress Report, Apr, 1, 1997 .. . .. . ... . . .. .. . . . . . .. . . . .. . . . .. . . . .. . .. . . $2,500 Final Report on City funded portion of project, Project Tour, Sept.1, 1997 . . . . . . , . . . . . . . . . . :. . . . . . . $2,500 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: Consuttant 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. Statutorv ReQuirements: OAS 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 Qncluding 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 Qncluding but not limited to, Consultant's employees, agents, and others designated by Consuttant 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 OAS 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. Uability 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. My 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: CITY OF ASHLAND: BY Director of Finance CONTENT REVIEW: FORM REVIEW: Purchase Order # Coding: (City Dept. Head) Date: (City Attorney) Date: BY Its Fed. 10 # (for City purposes only) CITY OF ASHlAND PERSONAL SERVICES CONTRACT <$15,000 (p:forms \ Hhrtps.fk)(rev'd 7 j93)(G:\Pam \ roes J'SC.frm-pg.2) .te: 9-Sep-96 11:56 . L',Jm: SHARLENE@fs1 (Sharlene Stephens Attorney) <;: PAM ;ubject: Revised PSC for Headwaters' Roca Storm Water Project Message-id: D6053432015F3179 Pam: You sent Paul a message last week stating that a letter has been requested from the city regarding giving consent to assign contract duties to subcontractors. Per Paul, your letter can simply read: "Pursuant to paragraph 11 of the agreement dated July 1, 1996, between City of Ashland and Headwaters, city consents to the subcontracting for Linda chesney, steve Koskella, and Kerry KenCairn." --Sharlene