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HomeMy WebLinkAbout2004-157 Contract - Welburn ElectricCITY OF SHLAND CONTRACT FOR WORK LESS THAN $25,000 CITY OF ASHLAND 20 East Main Street Ashland, OR 97520 Telephone: (541) 488-5300 Fax: (541) 488-5311 DATE OF AGREEMENT: June 29, 2004 COMPENSATION: $58.00/Per hour, $75/After hours, $96/VVeekend hours & after 8 hours WORK TO BE PROVIDED: Install transfer switches on electric water heater circuits In up to 100 Ashland homes. ADDITIONAL TERMS: Per City of Ashland and BPA Power Shift Pilot Program Specifications and Requirements CONTRACTOR: Welburn Electric, Inc. Address: 4529 S. Pacific Hwy Phoenix, Oregon 97535 Telephone: Fax: 541-210-3502 BEGINNING DATE FOR WORK: July 1,2004 '"~' 30,2004 ....--tm% COMPLETION DATE: 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 als() maintain a current City business license. 3. Completion Date: Contractor shall start 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 (late 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. 7. Livin.q 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, maint--~n ~n ~-0-orce 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. 12. 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. BY TITLE BY CITY OF ASHLAND City Administrator DATE CONTENT REVIEW or City Dept. Head DATE PURCHASE ORDER # ACCOUNT# (for City purposes only) CITY OF ASHLAND WORK CONTRACT<S25,000 (contract for work form 10-02,2. doc.docdoc) City of Ashland LIVING nc per hour effective June 30, 2003 every ~June 30:.by the . 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 Cit Administrator's office · , Y at 541-488-6002 or write to the City Administrator City all, 20 East Ma~n Street, Ashland, OR 97520 or visit the city s website at ~www.ashland.or. us. Notice to Employers' This notice must be posted predominantly in areas where it will be seen by all employees. CITY OF ,-AS tq LAN D Certificate of Insurance Page 1 of 1 400 High St SE Salem, OR 97312-1000 Toll Free 1-800-285-8525 HAIL TO: CITY OF ASHLAND 20 E. MAIN STREET ASHLAND, OR 97520 OREGON WORKERS' COMPENSATION CERTIFICATE OF INSIJRANCE CERTIFICATE HOLDER: C~I-Y OF ASHLAND 20 E. MAIN STREET ASHLAND, OR 97520 lThe policy of insurance listed below has been issued to the insured named below for' the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. 488390 POLICY PERIOD ISSUE DATE 07/,07/2004 01/01/2004 TO 01/01/2005 INSURED: WELBURN ELECTRIC INC PO BOX 329 PHOENIX, OR 97535-0329 BROKER OF RECORD: LZHZTS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL 1TEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE https://saifonline.saif, com/online/certs/certForm.aspx 7/7/2004 JUL-07-04 WED 02'0~ 719 LONNY SLflCK INS ~6¢Y F~q× NO, ~41 488 421~ P, 01/01 ACORD~ CERTIFICATE OF LIABILITY iNSURANCE o~/o~/=oo~ HOLOER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LONN]~ SLACK INSUKANCE AGENCZ INC ALTER THE COVERAGE AFFORJ~D BY THE POUCtE~ BELOW. ~ ........ l 1,,_~_. , ...... . v .. 450 STSK:I:'~O~ ~LVD. SUT~'. 5 COMPANtE~AFFORDINGCOVERAGE ASBLAND OR 97520 PE 541 482-8463 FX 541 488-4215 A ;R~C~ I~$URANCE EXC:~G; , B WE'r. BURN ;~EC'I'RIC INC PO BOX 329 C PBOEN~, OR 9'7535 D .... ,,, t , .... _.,., .......... , ~. . - . .~.,, _ ...,~....,, ,, THIS IS TO CFRTIP( THAT THE POLICIES OF INSURANCE LI~I'F.D BI=LOw 'HAve. BeEN ISSUED TO THe INSURFD' N~£D A~i)VIE FOR THE POUCY PERIOD IND~ATED. NOTWITHSTANDING ANY REQUIREMENT, Tt~RM OR CoNDmON O; Am, CONTRACT OR OTHER DOCUMENT WqTH RESPECT TO WHICH THIS CERTIFICATE MAY BI~ ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDF_D BY THE POLICIES DF. SCRIBED HE'RF_IN IS .'~UBJ~CT TO ALL THE TERMS, EXCLUSIONS AND CONDrrloN$ OF SUCH POLICIES. UMITS SHOWN MAY HAW BEEN REDUCF_D BY PAID CIA/MS. ~~,.~ .............. ~,.~,,~.~ ~ ..... ,,.i , , .. ~__ ~$ & CONTRA~ PROT ~ OCCL~R~!NC~ $ ................ MED ~ ~ a'm per~) $ ..~.~.,,UTO 1 ~, 000 ? 000 ~ ~~. _ ..... X ALL OV~eO AUTOS .__ A X.~ ~o~oe 73-$4~8-65-14 04-24~04 04-24-05 .... -,,,,~,ig,,~ .................... ,.~'gL,. ~,,~,~,~ , .... ANY AUTO OTHER ~ AUTO OI,~.Y: ' ' · .,I--. , ..,-- _.~ .... , ,,,, ,, ,,~GREGATE $ ~ ..... , ....... _ ........ __ ,, ~ ~-n~ ~ ~_t~.m__L. t_.~ ,' .... THE, PRO~ ~ IEL DISEASE - ~tK,~ LIMIT $ P~ECUTIV~ . ,,,.,. , . .... ,,,. _.., . .... ..,,,,, · ~-__..~,,.m" ~ ~~ ...... ,ms ....................... AND ADDITIONAL T~SU'REDS: CI~'~' OF AS~LAND~ TT$ OF~TC~RS~ EMPT.OI"EES AND . . :~~..ou~ · . .' ........ .. - ....... ,".~=~u,~ . · ..... . 7"; .' . . ....: ..... 20 E M~IN STREET ASHLAND OR 97S20 ~JT ~U~ TO ma. suc..o'~m sm.u.m.C~ NO .... ~, _ ,~, H.~, , ..... ~nv G ........................... =~.Lu, ~ . ,~u[ ance I-axils: 1-b41- //z- 1906 To: Welburn Electric Inc Date: 7/7104 05:03 PM Page: 1 of 2 ACORD.. PRODUCER CERTIFICATE OF LIABILITY INSURANCE CSR KS 1 DATE (MM/DDPFYYY) WELBU- 1 07/07/04 Protectors Insurance, LLC 514 Crater Lake Ave. Medford OR 97504 Phone: 541-773-5358 Fax:541-772-1906 INSURED Welburn Electric Inc #78794 PO Box 329 Phoenix OR 97535 COVERAGES THIS CERTIFICATEISISSUED AS A MATTER OFINFORMATION ONLY ANDCONFERS NO RIGHTS UPONTHECERTIFICATE HOLDER. THIS CERTIFICATE DOESNOTAMEND, EXTEND OR ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # IN;URER A Oregon Automobile Insurance Co 2 3 9 2 2 1[,151 IR'Eh; C IN~,LiRER IR'ER THE POLICIES OF INSURANCE LIE;TED BELOW HAVE BEEN :5 NJED TO THE Ii'q_~l IR'ED N,qMED ABOVE FOR' THE F-'OLIC'¢ PER10D INDICATED NOTVVITH BTANDING ANY REQI_IIREMErqT, TERM OR CONDITION OF ANY CONTRACT OR' OTHER DOCUMENT WITH RE::::F'Er-'T TO VVHICH THI ~ CER'TIFICATE MAY BE S-1JED OR MAr F'ER'TA N THE IN~I IRAtqCE AFFORDED BY THE F'OLICIE:5 DE-',CR'IBED HER:EIN I? :qUBJE-~r TO ALL THE TER'M%. EXCLUNON_~ AND CONDITIONB OF F'OLICIE:-3 AGGREGATE LIMIT:3:5HOWN MAY HAVE BEEN REDUCED BY F'AJD CLAIMS TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY COMMERCIAL GENERAL LIAB,LITY __J CLAIMS MADE [~ OCCIJR GEN'L AGGREGATE LIMIT APPLIES PER AUTOMOBILE LIABILITY ANY AIJTO ALi. OWNED A!JTO5 SCHEDULED AIJTOS HIRED AUrOS NON-OWNED A!JTO 5 GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR [~ CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER C11127353 DATE (MM/DD/Yy)~L_- 12/23/03 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS DATE {MM/DD/YyL 12/23/04 As additional insured per CS2010(1001): LIMITS EACH OCCURRENCE -~AMAGE I LJ 3REMISES (Ea ,:,,: curence) MED EXP (Any ,)ne person) PERSONAL a ADV INJLIRy GENERAL AGGREGATE $ 1,000,000 $ 100 , 000 $ 5,000 $ 1,000,000 $2,000,000 PRODUCTS - CON1P'/OF' AGe $ 2, 0 0 0, 0 00 COMBINED SINGLE LIMIT (Ea accident) $ BODILY IN.II IR'Y ( Per pers,:,n ) BODILY INJ!_IR¥ (Per accident} PROPERTY DAMA$E (Per acodenU AUTO ONLY - EA/-~CCIDENT OTHER' THAN EA ACC A~ ITO ONL¥ AGG EACH OCCURRENCE AGGREGATE E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE E L DI3EASE - PCLICY LIMIT CERTIFICATE HOLDER CANCELLATION City of Ashland 20 E. Main Street Ashland OR 97520 ACORD 25 (2001/08) CITYAS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR 'to MAIL 10 DAYS WRI'I-FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEI=T, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988 ........................ ~, ,~.~ r-~x~L~: I-~'~ I-/[ Z-1~05 To: Welburn Electric Inc Date: 7/7/04 05:03 PM Page: 2 of 2 POLICY NUMBER: Cl1127353 -- COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGE8 THE POLICY. PLEASE READ I1' CARiEFULL¥. ADDITIONAL INSURED - OWNERS, LESSEES', OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAI~ILII"~ C. OVERAG~ PART SCHEDULE I Name of Person or Organization, Installation of transfer switches City of Ashland I'll no entry appears above, information required to complete thi~ endorsement will be shown in the E)eclarat[ons as applicable to this endorsement.) A. Section Ii -- Who Is An Insured is amended to include as an insured the person or organization shown in the .Schedule, but only with respect to liability ansing out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily in- jury" or "property damage" occurnng after: (4) (2) All work, including materials. I~arts or equipment furnished in connection with such work. on the prelect (other than service, maintenance or repairs) to be pedormed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or That portion of "your work" out of which the tn jury or damage arises has been put to its intended use by any person or organization other thegn another con- tractor or subcontractor engaged in performing opera,ohs for a principal as a par[ of the same project. Named Insured: Welb urn ElecJr~ I nc CG2040400'I 1.90 Properties, Inc., 2000 Page I of I CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541 ) 488-5300 VENDOR: 007846 WELBURN ELECTRIC INC P O BOX 329 PHOENIX, OR 97535 FOB Point: Terms: Net Req. Del. Date: 6/29/2004 Special Inst: CITY RECORDER'S COPY Page 1 / 1 SHIP TO: Ashland Electric Department (541 ) 488-5354 90 N MOUNTAIN ASHLAND, OR 97520 Req. No.: Dept.: ELECTRIC Contact: Dick Wanderscheid Confirming? No BLANKET PURCHASE ORDER water heater circuits in to 100 )ns and uirements for date: 06/29/2004 Insurance re( uired/On file BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 ----______ E 690.11.06.00.610110 25 000.00 SUBTOTAL .. 25,000.001 TAX 0.00 FREIGHT 0.00 TOTAL 25,000.00 VENDOR COPY