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HomeMy WebLinkAbout2002-084 Contract - Brush Buster CITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25,000 CITY OF ASHLAND (CITY) CONTRACTOR: The 20 East Main Street Address:248 N Second St Ashland, Oregon 97520 Telephone: (541) 488-5350 FAX: (541) 488- Telephone: 552-1083 FAX: 5311 DATE OF AGREEMENT: June 25, 2002 BEGINNING DATE FOR WORK: June 25, 2002 COMPENSATION: Max of 3,000 COMPLETION DATE: July 31, 2002 WORK TO BE PROVIDED: Weed abatement for various parcels and right of ways 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 othep, vise 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 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 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. 7. Living Wa,qe Requirements: If the amount of this contract is $15,000 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 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 flied 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. 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 illy 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. 13 CONTRACTOR: CITY BY 5/ 717- 13121&e- V /3LrS/%Z/2 Its u Di ctol r DATE %- /s 0.2 D TE D: istrator or Finance 71k6>-? Fed. ID # CONTENT REVIEW: (City Dept. Head) OR Social S S-s'/ -? ?- S S-7 L DATE: X79- e,2-Purchase Order # Acct. No.: iro (for City purposes only) CITY OF ASHLAND WORK CONTRACT <$25,000 (G:\legal\Paul\FORMS\contract for work form 12-01.wpd)(rev'd 12/01) A9GUKD, UkKTIFIE;ATE UFLJABIU DAT D(YY) TY INS"NCE 7/25t < o7r?5ro 2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI MCFALL GENERALAGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTJFICA , . HOLDER. THIS . CERTIFICATE DOES_ NOT AMEND EXTEND OI2 6443 SW BEAVERTON-HILLSDALE HWY #350 , ALTER PORTLAND, OR 97221 COMPANIES AFFORDING COVERAGE COMPANY A NAUTILUS INSURANCE COMPANY INSURED COMPANY THE BRUSH BUSTER B JOHN SAMEL-GARLOFF, DBA: COMPANY 248 N 2ND ST. C ASHLAND, OR 97520 COMPANY " D COVE S 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y 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 LTR _ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE D,MtDDIYY) DATE (NIM1DDlYYI - GE NERAL LIABILITY GENERAL.AGGREGATE § 5 0 A NC 195804 7-21-02 7 21 03 00 00 COMMERCIAL GENERAL LIABILITY - - PRODUCTS-COMP/OP AGG E- 5000 CLAIMS MADE a OCCUR PERSONAL& ADV INJURY 00 $ 500 ' 000 OWNER S & CONTRACTOR'S PROT EACH OCCURRENCE $ - 500 000 FIREDAMAGE fAny one fire) $ 1901 000 - MED EXP (Anyone person) $ 5000 AU TOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMB $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) E HIRED AUTOS BODILY INJURY g NON-OWNED AUTOS (Per accident) i PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND EM ' STATU- OTH- TORV LIMff9 ER PLOYERS LABILITY T EL EACH ACCIDENT - $ HE PROPRIETOW INCL PARTNERSr ECppVE ELDISEASE - POLICYLIMIT § OFFICERS ARE. EXCL EL DISEASE - EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONSILOCA71ONS/VEHICLESISPECIAL ITEMS BRUSH CLEARING LOCATION: SAME CEA TIFICA4TE HOLIER ' "C ICELLlXTIffN , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ADDITIONAL INSURED: - EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF ASHLAND TD DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L€FT, ITS OFFICERS, EMPLOYEES & AGENTS BUT FAILURE TO MAUL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY 20 EAST MAIN STREET ASHLAND OR 97520 OF ANY KIND UPON COMPANY ITS AGENTS OR REPRESENTATIVES. , AUTHORIZ K ; / 00 ? 1--ei" 1 - I ? lw, , 1 1-1 "01A ?; CZlRPORATM1119 '`t City of Ashland LIVING MA ror an nours worKea unaer a service contract between their employer and the City of Ashland if the contract exceeds $15,345 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 $15,345. ? 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, 401 K 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 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 ASHLAND CITY RECORDER'S COPY Pac~,e 1/1 /O~,.:'--; CITY OF ASHLAND = --- 20 E MAIN ST. DATE;;; PO NUMBER ASHLAND, OR 97520 07;29/2002' 03478 (541) 488-5300 VENDOI; 004332 SHIP TO: Ashland Planning Department GARLOFF, JOHN, AKA THE BRUSH BUSTER (541) 488-5305 248 2ND STREET 20 E MAIN STREET ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point Req. No.: Terms Net Dept.: PUBLIC WORKS Req. Del. Date 06/25/2002 Contact: Adam Hanks Special Inst Confirming? NO BLANKET PURCHASE ORDER parcels and right-of-ways CSK Completion date: July 31,2002 SUBTOT~ 3,000.00 BILL TO: Account Payable T~ 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 3,000.00 ASHLAND, OR 97520 E 710.08.24.00.610500 3,000.00 Authorized Signature VENDOR COPY A req ?a ',:x Purchase r ?;. REQUISITION FORM THIS REQUEST IS A: ? Change Order(existing PO # ) CITY OF ASHLAND Date of Request: J?U Required Date of Delivery/Service: I Vendor Name: A Address: 2VS /I/ T . o f7z State, Zip: Phone: f?? Wit. 97s2v Fax Number SJ Z -/ub_? Deliver Location Services Only Description Total Cost Solicitat ion Process: k///Qc/ 1474 /10m6;11{ J-Pvw « f ?4r Exempt 3 Written Quotes / (copies attached) Sole Source Invitation to Bid f (copies on file) Less than Request for ?v,+7svc arn?c??o/ f $5000 Proposal (copies on file) Materials Only Account Number 716_ U6, zN cx)_6140 S-40 c) 'Please attach the Original signed contract and Insurance certificate. Account Number 'Please attach the Wastes: r Employee Signature: Supervisor/Dept. Head Signature: NOTE: By signing this requisition form, I certify that the above request meets the City of Ashland Solicitation Proct when necessary. G:FinanceTrocedurelAPIFomu18-Requisition forrn.doc Updated on:07/15/02