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Home My WebLink About2004-082 Contract - Beaver TreeCiTY OF SHLAND CONTRACT FOR WORK LESS THAN $25,000 CITY OF ASHLAND 20 East Main Street Ashland OR 97520 Telephone: (541) 488-5587 Fax: (541) 488-6006 CONTRACTOR: BEAVER TREE SERVICE CLARENCE WANGLE Address: 270 WILSON ROAD CENTRAL POINT OR 97502 Telephone: 541/664-1614 Fax: 779-7072 DATE OF AGREEMENT: MARCH 12, 2004 BEGINNING DATE FOR WORK: MARCH 16, 2004 COMPENSATION: $5,500.00 COMPLETION DATE: MARCH 26, 2004 WORK TO BE PROVIDED: TREE CUTTING AT THE WATER TREATMENT PLANT AND HOSLER DAM TO CLEAR FOR POWER LINES. 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 must also maintain a current City business license. 3 Completion Date: Contractor shall stad performing 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 $25,000.00 and City shall not be obligated to pay any sum in excess of $25,000.00 unless a separate written contract is entered into by City. 5 Ownership of Documents: All documents prepared by Contractor pursuant to this contract 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC-R2002\02-07 Beaver Tree Service Contract 3 04.doc 7 Living Wa.qe Requirements: If the amount of this contract is $15,713 or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached notice predominantly in areas where it will be seen by all employees. 8 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. 9 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. 10 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. 11 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 Finance Department 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC'R2002\02-07 Beaver Tree Service Contract 3 04.doc 2 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. CONSULTANT CITY Fed. ID# ";¢-/,,;.8q:'~ REVE WED/AS TO CONTENT // 'City Department Head Date: BY REVIEWED AS TO FORM City Legal Counsel Date: Coding: (for City use only) CITY OF ASHLAND WORK CONTRACT<S25,000 (contract for work form 10-02,2. doc) ? G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT~2001\01-24 Beaver Tree Service Contract 3 04.doc City of Ashland LIVING ~per hour effective June 30, 2003 (Increases annually every June 30 by the Consumer Price Index) For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $15,713 or more. For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $15,713. If their employer is the City of Ashland including the Parks and Recreation Department. In calculating the living wage, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at wwvv.ashland.or, us. Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees. CITY OF -ASHLAND REQUISITION Department Public Works Vendor BEAVER TREE SERVICE 270 WILSON ROAD CENTRAL POINT OR 97502 Account No. 670.08.15.00.704200 CITY OF SHLAND Date April 21. 2004 No. PW - FY 2004 Requested Delivery Date ASAP Deliver To PIETER SMEENK Via (* Note Please allow approximately t'.~o(2) 'aeeks for delivery on items not generall~ carted in stored, and approximately two (2) months on printing jobs ) lte~n No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. Tree removal at the Water Treatment Plant to accommodate power lines and poles for the warning systems. Five Trees for $ 3.000.00 T~vo Trees for _ $~-: :: :2-:500,00 TOTAL ~"'~; 5,500.00 for Kart: BID /RFP / EXEMPT: Exempt Contract Start Date: March 16, 2004 Contract Completion Date: March 17, 2004 Insurance on file: L YES I NO Project No: 01-24 Job No. Unit No. I hereby certify that the above items are necessary for the operation ofthis dep .......... d are budgeted /, Departmenl Head or Authorized Person Issued By Date Received By G: Pubwrks\eng\deptadmin\engineer\project\01-24 Beaver Tree Requistion 4 04.xls CERTIFICATE OF INSURANCE PRoDUcER Cert# 33263 RKI INC. P.O. BOX 157 LEBANON, OR 97355 (541) 451-1313 FAX: (541) 259-1092 INSURED CLARENCE WANGLE AND BEAVER TREE SERVICE 270 WILSON RD CENTRAL POINT, OR 97502 CONT. REGISTRATION #62995 COVERAGES ISSUE DATE O4/09/20O4 THIs CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING coVERAGE COMPANY A HARTFORD INS. CO. OF THE MIDWEST COMPANY COMPANY C; COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE LTR GENERAL liABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR A X owNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YYI 52UUNSR4008 6 11 03 6 11 04 LIMITS GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG $ 1,000,000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any One Fire) $ 300,000 MED EXPENSE(Any One Persor $ 10,000 52UUNSR4008 JUN 11 03 JUN 11 04 COMBINED SINGLE LIMIT BODILY INJURY (Per Person) $ 500,000 BODILY INJURY (Per Accident) GARAGE LIABILITY ANY AUTO EX~ESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSAT!ON AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL 'OTHER PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ DEscRIPTION OF OPERATIONS/LOCATIONSA/EFIICLES/SPECIAL ITEMS REF: FOR CERTIFICATE HOLDER'S INSURANCE FILE, CONTRACTOR'S REGISTRATION #62995. CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF CITY OF ASHLAND ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES ATTEN: DAWN LAMB 20 E. MAIN ROAD ........ " ASHLAND '-'R 97=20 AUTHORIZED R~EPR~SENTATIVE (] , /' FAX# 541-488:6006 - ¢7_// ~- '/; 5 ~ ~.~z.~ _ _ CITY OF Z SHLAND Fax DATE: TO: FAX: FROM: RE: TOTAL PAGES: April 7, 2004 Mrs. Wangle, Beaver Tree Service Dawn Lamb, City of Ashland Contract Error! I spoke with Clarence and he will be stopping by tomorrow to sign the contract since he has an appointment in Ashland. I wanted to fax a copy of the contract to you before hand for two reasons; one so you could read over it, and two; because the insurance requirements are different for this contract and I will need to ask you to send me an insurance certificate for the work; which has already been done. On another note, Pieter would like a chance to talk with Clarence about the next phase of trees that needs to be cut and when that happens, I PROMISE to have the right contract so I don't have to mess everyone up. Thanks for understanding, Dawn Lamb 552-2410 ENGINEERING DEPARTMENT 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 5414 88-5347 Fax: 541-488-6006 TTY: 800-735-2900 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER'S COPY DATE 5~4~2004 Page 1 PO NUMBER 05050 VENDOR: 001512 BEAVER TREE SERVICE 270 WILSON ROAD CENTRAL POINT, OR 97502 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: 3/12/2004 Special Inst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? No - Quantity Unit Description Unit Price Ext. Price BLANKET PURCHASE ORDER Tree removal at the Water Treatment i 5,500.00 Plant to accommodate power lines and poles for Warning systems. Five trees for $3,000.00 Two trees for $2,500.00 CSK Date of agreement: March 12, 2004 Beginning date: March 16, 2004 Completion date: 03/26/2004 Insurance required S U BTOTAL 5,500.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 5,500.00 ASHLAND, OR 97520 E 670.08.15.00.704200 5,500.00 I Authorized Signature VENDOR COPY