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Home My WebLink About2002-185 Contract - Weathers Crushing CITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25,000 CITY OF ASHLAND (CITY) CONTRACTOR: Weathers Crushing Inc 20 East Main Street Address: 6070 Rock Way Ashland, Oregon 97520 Central Point, OR 97502 Telephone: (541) 488-5350 FAX: (541) 488-5311 Telephone: 541-664-4360 FAX: 541-664-;'555 DATE OF AGREEMENT: November 22, 2002 BEGINNING DATE FOR WORK: January 1,2003 COMPENSATION: $18,600.00 COMPLETION DATE: January 31,2003 WORK TO BE PROVIDED: Move-in, set-up, and crush reclaimed asphalt to 1"-0 at the City yard on Glenview Drive. Quantity 3,500 Tons (2485 Cubic Yards) 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 entedng 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 f. he daie indicated above and complete the work by the c.~mpletion 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 Reauirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract. 7. Livinq 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 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. Assi.qnment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the wdtten 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. CONT~TOR: ~/~.~,~~~_._~ CITY OF ASHLAND: Its ~ .... (-/ City Administrator or' or DATE I :~. // c:~ "~ // C3 'Z.--- DATE /z.,/~//~ 2._._ REVlEWi' ~ Fed. ID # (~ ~ _ (.~ Co c:~ /.~./.~L Z ~o CONTENT City Dept. Head) O_.~R Social Security # DATE: t I z;,¢¢,~.~.-¢~ Purchase Order # ~'~ Acct. No.:,,¢~-¢¢/z'~ ,~,,.~- ~¢'~-'¢. ~¢ ¢¢'..~ .5~¢"~¢? (for City purposes only) City of Ashland LIVING per hour effective June 30, 2002 (Increases annually every June 30 by the Consumer Price Index) ILA ? 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. Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees. CITY OF ASHLAND 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. ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP ID M DATE (MM/DDl0 ATH-2 12/05/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Security Insurance Agency, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Murphy Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 Phone: 541-772-1111 INSURERS AFFORDING COVERAGE INSURED INSURERA: North Pacific Insurance Co. INSURER B: Weathers Crushing Inc. INSURER C: 6070 Rock Wa INSURER D: Central PoM OR 97502 INSURER E: OVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS t ERAL LIABILITY EACH OCCURRENCE $ $` 1 , 000 , 000 A COMMERCIAL GENERAL LIABILITY C13112459 09/01/02 09/01/03 FIREDAMAGE(Anyonefire) $$ 100,000 CLAIMS MADE U OCCUR MED EXP (Any one person) $ $ 5 , 000 PERSONAL & ADV INJURY $ $1,000,000 GENERAL AGGREGATE $ $2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $2f000,000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ +1 000 000 A X ANY AUTO C13112459 09/01/02 09/01/03 (Ea accident) f , ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ ?? - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY - AUTO ONLY - EA ACCIDENT $ ' ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ $1,000,000 A X OCCUR CLAIMSMADE ECL21258 09/01/02 09/01/03 AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ' TORY LIMITS ER EMPLOYERS LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER ? I I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS L,rK I Wlt A I L MULUtK I N I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION 1AAAAAA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Kari Olson 90 N Mountain IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Ashland OR 97520 REPRESENTATIVES. A T RIZED REPRESENTATIVE ^ """ "'-., %.,." VAL:UKU GUKPUKAI IUN 1985 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED. This is to Certify that WEATHERS CRUSHING INC 6070 ROCK WAY CENTRAL POINT OR 97502-1566 Liberty 10?NorthWest. Mcmber of Liberty Mutual Group P 0 Box 4555 Portland, OR 97208-4555 503.239.5800 is, at the date of the certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is su.)je. i to all their term, exclusions and conditions and i- not a,.,,rcd by any ,equ;.crns tu.m u. ccndition of any centraot o other docurnen, EXPIRATION TYPE OF POLICY DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. LAW LIMIT OF LIABILITY - COVERAGE B OF FOLLOWING STATES WORKERS' B. 1. by $500 ,00DEach A A COMPENSATION 10/01/2003 WC4-1NC-005581 OR ccident ccident B.1. by Policy Disease $500 ,000 Limit B. 1. by Each $500, Disease 0 0 0 Employee MARITIME COVERAGE-FOLLOWING STATES - -- LIMIT OF LIAB.-MARITIME COVERAGE GENERAL LIABILITY General Aggregate $ Commercial General Products Comp/OPS Aggregate $ Liability (Occurrence) Personal & Advertising Injury $ LJ Owner's and Each Occurrence $ Contractor's Protective Fire Damage (Any one fire) $ ? Medical E (A xpense ny one person) $ AUTOMOBILE LIABILITY ? Any Auto CSL $ ? All owned Autos Bodily Injury (Per Person) $ ? Scheduled Autos Bodily Injury (Per Accident) $ ? Hired Autos Property Damage $ ? Non-owned Autos ? Garage Liability OTHER LOCATION(S) OF OPERATIONS & JOB # (IF APPLICABLE) DESCRIPTION OF OPERATIONS ASHLAND STREET DEPARTMENT 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 BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY OR , REPRESENTATIVES. MAILED TO CITY OF ASHLAND ATTN: KARI OLSON 90 N MOUNTAIN AVE ASHLAND OR 97520-2014 EFS pa 12/05/2002 MEDFORD Marketin DATE ISSUED OFFICE o, CITY RECORDER'S COPY 20 E MAIN ST. DATE PONUMBER ASHLAND, OR 97520 12/11/2002 03775 (541) 488-5300 VENDOR: 006544 SHIP TO: Ashland Street Department WEATHERS CRUSHING INC (541) 488-5313 6070 ROCK WAY 90 N. MOUNTAIN CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point Req. No.: Terms Net Dept.: PUBLIC WORKS Req. Del. Date 01/01/2003 Contact: Mike Morrison, John Peterson Special Inst Confirming? Yes Quantity Unit Description Unit Price Ext, Pri~ BLANKET PURCHASE ORDER Move-in, set-up, and crush reclaimed ~ i~ ': ~8~600~00 asphalt to 1" - 0 at the City yard on i Glenview Drive. Quantity 3,500 Tons ' . =. (2485 Cubic Yards) Quotes ~ CSK Date of a~reement November 22, 2002 Beginning date: January 1,2003 I Completion date January 31, 2003 · · Insurance required/On file SUBTOTAL 18,600.00, BILL TO: Accour~t Payable TAX 20 EAST MAIN ST FREIGHT 0.00~ 541-552 -2010 TOTAL 18,600.00 ASHLAND, OR 97520 I Account NUmber Amount Account Number ~. ~': Amount E 260.08.12.00.602400 18,600.00 Autfi~of~ized Signature VENDOR COPY