HomeMy WebLinkAbout2003-137 Contract -Brushbuster CITY OF ASHLAND CONTRACT F(
CITY OF ASHLAND (CITY)
20 East Main Street
Ashland, Oregon 97520
Telephone: (541) 488-5350
5311
FAX: (541) 488-
)R WORK LESS THAN $25,000
CONTRACTOR: The B~hbuster
Address:248 N Second St
Telephone: 552-1083
DATE OF AGREEMENT: July 14, 2003 BEGINNING DATE FOR WORK: July 1, 2005
COMPENSATION: Max of 3,000 COMPLETION DATE: August 15, 2003
WORK TO BE PROVIDED:
Weed abatement for various parcels
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 workedike
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 adsing 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.
ts ,J o/~,~ ~ . /~ ~ ,~ ,~ Loll/~
Director
City Administrator
or Finance
DATE '~-- /~' - 0 ~ DATE
Fed. ID # CONTENT
REVIEW' .(City Dept. Head)
OR Social Security # ~'--~--/- ~; '~- ,.(-~--~ /
City purposes only)
DATE: Purchase Order #
Acct. No.: (for
CITY OF ASHLAND WORK CONTRACT <$25,000 (G:\legal\Paul\FORMS\contract for work form 12-01 .wpd)(rev'd 12/01 )
A ¢ORD i CE FI CA E,:?O E .L lABILITY IN SU RAN CE-
PRODUCER THIS 'd'ERTIFIC~TE IS ISSUED As A MATTER OF ~FORMATI~
~ ~LY ~D-~RS NO RI~TS ~N THE C~T~~
MCF~L GE~LAGENCY, ~C. HOLDE~ THIS. CERTIFICATE ~ES_ NOT AMEND, ~TE~
~3 SW BEAVERTON-HILLSDALE H~ ~ ALTER THE COVE~GE AFFORDED BY THE- ~LICIES.,.BELO~. ,.
PORT~ND, OR 97221 COMPANIES AFFORDING COVE~GE
COMPANY
A NAUTILUS ~SU~NCE C~PANY
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INSURED COMPANY ·
THE BRUSH BUSTER B
JOHN SAMEL-GARLOFF,-DBA: COMPANY
248 N 2ND ST. C
ASH~ND, OR 97520 COMPANY
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-., ~ER'S & GO--OH'S PRom ' EACH ~CURRENCE $ - 500~000
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ITS OFFICERS, EMPLOYEES & AGENTS sum ~LU*S TO ~C SUC~ ~OT== S~L ~S~ ~O OBL=AT=N O. L~mL~
20 ~ST ~IN STREET o, ~ ~D U~N T~ ,C~PA~, nS ~e~NTS
ASH~ND, OR 97520 "~OR~~~~_~~~ ~