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HomeMy WebLinkAbout2002-175 Contract - Climate CraftersCITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25.000 CITY OF ASHLAND (CITY) CONTRACTOR: Performance Tested Comfort Systems 20 East Main Street Address.- P.O. Box 2551 Ashland, Oregon 97520 Priest River, ID 83856 Telephone: 541 488-5350 FAX: 541 488-5311 Telephone: 877-448-0143 FAX: 208448-0832 DATE OF AGREEMENT: 10-23-02 BEGINNING DATE FOR WORK: 10-28-02 COMPENSATION: COMPLETION DATE: 12-31-03 $150/home if tested only $425/home for test and standard duct sealing $525 /home for test and sealing duct system containing a closet return WORK TO BE PROVIDED: Test and seal duct systems as needed in electrically heated manufactured homes located in Ashland's municipal utility area. ADDITIONAL TERMS: See attached PTCS Proposal. 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 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 Wage 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, subrogation, 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 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 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. ONTRACWR: CITY OF ASHLAND: B 'X?J,J ??? .. BY / its City Administrator or Finance Direc DATE f 0/ 2 4zo Z- DATE o -z- Fed. ID # y j t)1- CONTENT R VI Wity Dept. Head) OR Social Security # DATE: Purchase Order # Acct. No.: (for City purposes only) CITY OF ASHLAND WORK CONTRACT <$25,000 (G:\IegaI\Paul\FORMS\Clcontract for work form 12-01.doc)(rev'd 12/01) City of Ashland LIVING or hour effective June 30, 2002 ?, (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 $15,345 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 Performance Tested Comfort Systems (PTCS) CLIMATE CRAFrERS City of Ashland Manufactured Home Duct Sealing Program Proposal Climate Crafters Residential Air Duct System testing and sealing program for manufactured/mobile homes offers an excellent opportunity for utilities to initiate an energy conservation program that can be implemented quickly, to provide solid, cost-effective energy savings. For this pilot project, Climate Crafters will select the implementation contractor, subject to approval by City of Ashland. Climate Crafters will train and certify (if appropriate) an appropriate number of technicians employed by the contractor, gather and record data on each home processed and provide quality control on up to 10% of the homes tested and sealed. Climate Crafters will also work with the implementation contractor(s) to provide the appropriate number of technicians for training, testing and sealing the specified number of homes in the required time period, and for marketing the program within their service areas. Climate Crafters will utilize existing PTCS specifications, training materials and marketing pieces to assist contractors in initiating the program. Climate Crafters will also provide the following services: ? Gather, evaluate and monitor home data as a record for payments, quality assurance and program statistics. ? Submit monthly progress reports, including a summary of installations inspected, any problems identified and their resolution. ? Manage contractors and make payments as work is completed and paperwork is turned in. ? Invoice City of Ashland monthly as jobs are completed up to the specified number of jobs, ? Issue a final report for documentation of houses tested and sealed, ? Archive data forms in the event that any partner wants to develop a database of home characteristics. Through this proposal, Climate Crafters will work with the City of Ashland to test and seal up to 50 homes over a six to eight month time period. If the City of Ashland and Climate Crafters locate additional manufactured homes, the project will be expanded by joint agreement. After the first 20 homes are completed, Climate Crafters will meet with the City of Ashland to confirm further participation and expansion of these duct-sealing services. We would propose the following schedule of fees to complete this work: Test only (test indicating sealing is not needed) - $150 Test, seal, and retest to PTCS standards - $425 (for closet returns requiring considerable additional work by the contractor - $525) The fee schedule includes direct payments by Climate Crafters to the PTCS certified installation contractor, PTCS certification fees and administrative costs of completing the project. Climate Crafters will provide the City of Ashland complete record keeping of each home, the work completed, and appropriate fee rate based on work completed. Invoices will be processed on a monthly basis Given our experience of working with manufactured housing duct sealing in southern Oregon, we would anticipate the following cost breakdown: Homes to be Certified Cost Total Test Only - 4 $150 per home $600 Standard Test & Seal - 30 $425 per home $12,750 Closet Return Test & Seal - 16 $525 per home $8,400 Total Homes (1st Phase) - 50 $21,750 We will also work with the City of Ashland to define some joint marketing and communication processes to help improve the overall success of this project. We are currently working with the Energy Trust of Oregon, Puget Sound Energy and Idaho Power to test and seal over 1,500 manufactured/mobile homes throughout the region. The model is working very well and we are expanding our proposed work through this delivery system to include Lane Electric, Emerald PUD, Mason #3 as well as the City of Ashland during the next six months. With your approval, we would envision this project getting started in October or November 2002. Contractors have been trained and marketing techniques have been refined through the Energy Trust of Oregon project so we should be able to hit the ground running! This is a brief summary, and we don't want to overwhelm you with information. We will provide any details or information you need to make decisions. Please contact Lavelle Perin at 208-448-0143 or Roger Spring at 503-590-0330 to discuss and/or finalize any details. Respectfully submitted: Roger Spring Lavelle Perin Executive Director Climate Crafters PO Box 2551 Priest River, ID 83856 Phone: 208-448-0143 Fax 208-448-0832 NOV-08-2002 01:52 PM P.01 vvv cr<nasea THE POLICIES OF INSURANCE LISTED BELOW HAKE 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 INSLAANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDnMNS OF SUCH POLICIES AGGREGATE LIMITS SMOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF INSURANCE POLICY NUMBER LIMITS GENERALLIAMLRY EACH OCCURRENCE / 1 000 000 A X COMMERCIAL GENERAL LIABILITY SCY040257830 05/01/02 05/01/03 FIRE DAMAGE (" we Arm) $300,000 CLAIMS MADE LFiC7 OCCUR MOD EXP (Arty am PEnen) $10,000 PERSONAL & AOV INJURY $1 000 000 , , GENERAL AGGREGATE 12 000 000 , GEN'L AGGREGATE LIMIT APPLIES PER; ?O PRODUCTS - COMPIOP AGO 8210001000 POLICY ' LOC AU TOpCOLE LIABILITY INGLE LIMIT ( c 1 ANYAUTO En m wwt) ALL OWNED AUTOS BODILY INJURY 1 BCHEOULEO AUTOS (Pa Patron) HIRED AUTOS BODILY INJURY 1 NON-OWNEO AUTOS (Pa rrowwN) PROPERTY DAMAGE S (Pa scats t) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO FAACC OTHER THAN 1 AUTO ONLY: AGO 1 EXCESS LIABILITY - EACH OCCURRENCE 1 OCCUR F 1 CLAIMS MADE AGGREGATE i 1 DEDUCTIBLE S RFTENTION 1 1 WORKERS COMPENSATION AND BMPLOYMLIABILITY X AIITB E B 939696 06/13/02 07/01/03 E,L,EACH ACCIDENT 1500000 E.L.DISEASE•EA EMPLOYEE 1500000 E.L. DISEASE. POLICY LIMIT 8300000 OTHER -Lij DESCRIPTION OF OPBMTIONSAAU RwcCLUMONB ADDED BY ¦NOOREEMENTNPECIAL PROVISIONS PTC5 Agreement dated: 10-X23-02, oartificate holder, its officers, employees and agents are named as additional insured per the attached endorsement, 10 day notice of cancellation for nonpayment premium, CERTIFICATE HOLDER Y AWTIOML INSURED; INSURER LSTTUIR; CANCELLATION CI TYOFA SHOULD ANY OF THE ANWE DESCRIBED POLICIES M CANCELLED BEFORE THE EXPIRA DATE THEREOF, THE MMINO INSURER WALL ENDEAVOR TO MAIL -U-* DAYS WRITTEN City of Ashland Attn : Cathy NOTICE TO THE cR MMOATE HOLDER NAMEo TO THR LEFT, a SHALL 20 E. Main IMPOSE NO OMMOATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AOL" OR Ashland, OR 97520 UPRESENTATMIKS. UTH RE ENTATIVE i"°, 1 9 WACOFiiD gORPORATION 1988 NOV'-08-2002 01:52 PM P. 02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (PRIMARY INSURANCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Ashland, its officers, employees, agents 20 East Main Street Ashland, OR 97520 (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to Include as on insured the person or organization shown In the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. The Insurance provided by this endorsement Is primary Insurance and we will not seek contribution from any other Insurance available to the person or organization shown in the Schedule unless the other Insurance is provided by a contractor other than you for the some operation and job location, Then we will share with that other Insurance by the method described In paragraph 4.c. of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV). Paragraph 21 of WHO IS AN INSURED (Section II) does not apply to the person or organization shown In the Schedule. 801418 Ed. 3-98 Includes eopydo W ,mbs. W of UN Ineurerrw Owvkw Office, Ina„ whh ke pernredan. Sent By: COUNTRY INS & FIN SVS SW OREGON; 1 541 773 6496; Nov-15-02 11:29AM; Page 2/3 11:34:?b hrl NOV l?, LUUL SUMMARY OF AUTO INSURANCE APPLICAT ION/CHANGE Policy NO: PA4333529 Policy MURRAY JARED Print Date: 11/15/02 Name SPRING AIR INC & Address 1576 CHINA GULCH ROAD JACKSONVILLE OR 97530 PHONE: (541) 899-1904 company/Plan: CPiC-Preferred A ent NO: 07691 Tier: Office No: 36003 Account No: 9327700 Co FB Memb No: 0850 Policy Term: semiannual Renewal Date: 04/17/03 Billing Freq: Monthly Direct Change Eff Date: 11/15/02 lunlrear MakelModel I VIN IPSIRLIRTCLITerIZip I BI I PD IMedl 1--f---------I------I-----------------I--I--I----1---I-----I---------I-----I---I 1 1 1997DODGEIRAM VAJ2B7HB21Y4VK567475J06JC IA17F 0051975301 250/500 1001 1 1211994FORD JECONO JIFTHE24H9RHA521611051C IA31AI0051975301 250/500 1001 1 1311989CHEVRIVAN 1GCGG35K7K71548521071C IA31AJ005J975301 25Q/500 1 1001 1 I I I I I I I I I I I I I Jun PIP/D IWagel Co111 Compl UM I UIM IDs IRSIVRI Endorsements 1--1-------1----1-----J-----1----------I--------- I---I--i--I-------------------- 11lOPT2/N J I 2501 250 250/500 25015 1 5 1 YI Y1004 121OPT2/N I I 1 1250/500 1 250/5001__ 5 1 YI 131OPT2/N I I I 1250/500--1 250/500-1 5 1 YI I I I I I I I I I I I I vehicle operators IUnIGSDIDTDIDDDIATDIMCDIECDISCDIPRDIAHAIRNDIIPrnIOCclAdditionall IUnl Premium ------ I 1--l -------- 111 ( I I I Y I Y I I 1011 I 11 11 352.671 1 21 1 1 1 1 Y I Y I I 1 II 011 I 1 1 21 162.541 131 1 1 I 1 Y I I Y 1 1 11 ( ! II 011 I 1 1 31 162.541 I TI 677.75: (MONTHLY SERVICE CHARGE NOT INCLUDED) No 11 21 Driver ---------- JARED JENNIFER S MI F M, M Birthdate 1 -----------I 05/20/19741 03/04/19741 Uni _ I other Interests TYPE ---------------------------------------- The coverages and liability limits above are what I have expressly applied for and desire in capacity as: _ Named Insured _ Trustee _ Administrator X - ". a iW Chi p Agent# Ul / Agent signature, 67 Date / 5 4 Time /L 3 ID17720 - TALLERICO THERESA 12121A PERFORMANCE TESTED COMFORT SYSTEMS DBA CLIMATE CRAFTERS Page 1 / 1 ra.....f.«SHa. CITY RECORDER'S COPY CITY OF ASHLAND 20 E MAIN ST. DATE Po WNIBER ASHLAND, OR 97520 11/20/2002 03767 DREG ?,. (541) 488-5300 VENDOR: 005751 SHIP TO: Ashland Conservation Dept. PERFORMANCE TESTED COMFORT SYS, DBA C (541) 488-5306 218 HIGH STREET 20 E. MAIN STREET PO BOX 2551 ASHLAND, OR 97520 PRIEST RIVER, ID 83856 FOB Point: Req. No.: Terms: Net 15 days Dept.: ELECTRIC Req. Del. Date: 10/28/2002 Contact: D. Wanderscheid/C. Cartmill Special Inst: Confirming? No uanti Urut Description Unit Price Ext. Price BLANKET PURCHASE ORDER Test and seal duct systems as needed in 25,000:00 electrically heated manufactured homes i located in Ashland's municipal utility areas. Contractor has existinq contract with local HVAC contractor, Sprinq Air Inc., who will be doing the testinq and sealinq'. Insurance certificates provided by Sprinq Air - Gen Liability, Workers' Comp, and Auto. CSK Date of agreement: 10/23/2002 Beginning date of agreement: 10128/2002 Completion date: 12/31/2003 Not to exceed $25,000 SUBTOTAL 25 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 25,000.00 ASHLAND, OR 97520 Account Number E 690.11.06.00.610110 Account Number Amount 0 VENDOR orized Signature COPY