HomeMy WebLinkAbout1996-049 Contract - Marty MainCITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25,000
CITY OF ASHLAND, (CITY)
20 E. Main St.
Ashland, Oregon 97520
(503) 482-3211 FAX: (503) 488-5311
DATE OF AGREEMENT: May 7, 1996
CONTRACTOR: Marty Main, Small Woodland Resources
Address: 1305 Butte Falls Hwy, Eagle Point, OR 97524
Telephone: 826-5306 FAX:
BEGINNING DATE FOR WORK: May 7, 1996
COMPENSATION: Maximum $15,000
COMPLETION DATE: June 30, 1996
WORK TO BE PROVIDED: Fuel break construction, pre-commercial thinning, brushing and piling on city-owned
forest lands.
ADDITIONAL TERMS:
CITY AND Contractor AGREE:
1. All Costs by Contractor: Contractor shall, at its own risk and expense, perform the work described above and, unless otherwise specified,
furnish all labor, equipment and materials required for the proper performance of such work.
2. Qualified Work: Contractor 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 work 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. Contractor shall also procure and
maintain a current City of Ashland business license.
3. Completion Date: Contractor shall start pedorming the work under this contract by the date indicated above and complete the work by the
completion date indicated above.
4. Compensation: City shall pay Contractor for work 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 Contractor, is limited to $15,000.00 and
City shall not be obligated to pay any sum in excess of $15,000.00 unless a separate written contract is entered into by City.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract ~,hall be the property of City.
6. Statutorv Requirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract.
7. Indemnification: Contractor 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 Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services
attendant to this contract.) Contractor 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 Contractor and may be terminated by Contractor
should City fail substantially to perform its obligations through no fault of Contractor.
9. Independent Contractor Status: Contractor is an independent contractor and not an employee of the City. Contractor shall have the
complete responsibility for the performance of this contract. Contractor 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, Contractor shall provide City with
adequate proof of workers' compensation coverage. Contractor is a subject employer that will comply with ORS 656.017.
10. Insurance: Contractor 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, products and
completed operations, 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. 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 work by
Contractor 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: Contractor 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. Contractor 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.
Contractor: CITY ASHLA D:
BY .~' "~_/~ / ,;~-~'Z,':' z' ~;ity Administrator
(City Dept. Head) Da?~
FORM REVIEW: ~ (City Attorney) Dale:
(for Cify purpose§ only)
Fed. ID # ~..~-//~/,,~'~'~/(~) Coding:
CITY OF ASHLAND WORK CONTRACT <$25,000 (p:forrnsla-shrtwk)(rev'd 4/94)