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HomeMy WebLinkAbout2004-005 Contract - Brotherton Pipe ITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25,000 CITY OF ASHLAND (CITY) 20 East Main Street Ashland, Oregon 97520 Telephone: (541) 488-5350 FAX: (541) 488-5311 DATE OF AGREEMENT: December 12, 2003 COMPENSATION: Not to exceed $12,000 CONTRACTOR: Brotherton Pipeline Inc Address: 11 S. Frontage Road, PO Box 738 Gold Hill, Oregon 97525 Telephone: 541-855-7062 FAX: 541-855-7284 BEGINNING DATE FOR WORK: January 1,2004 COMPLETION DATE: February 27, 2004 WORK TO BE PROVIDED: Contractor shall bore approximately 200 feet from "C" Street under Lithia Way to pole in alley and install 1-4" and 2-2" poly conduit - and - 100 feet from 'C Street under Lithia Way to pole on 2 Street and install 1-4" and 2-2" poly conduits. Per proposal dated 11/12/2003. 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 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 b:,, 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. Livinq Wage 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. 6. 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. 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. CONTRACTOR: Its I~_.~'E¢~ ,~ ~ ~,,~, DATE Fed. ID # OR Social Security CITY OF ASHLAND: BY City Administrator or Finance Direct~'"" DATE /,"///-~ ~ CONTENT RE, VIEW:. :~/'~/~)'~~ity Dept. Head) DATE: -/-4//'~¢ ¢/¢-~// Purchase Order# ~2'5/'~)~'-¢''- Acct. No.: 6g0 11 18 '00 704 100 (City purposes only) CITY OF ASHLAND WORK CONTRACT <$25,000 (G:\legal\Paul\FORMS\C\contract for work form 12-01.doc)(rev'd 12/01) Sent by: ANCHOR INSURANCE 503 224 9830; 01/12/04 3:53PM;Jori=dX #977;Page 1/1 Aco p_. CERTIFICATE OF LIABILITY INSURANCI[ o,OL, t ol/12/o¢ ,~oouCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1201 SW 12~h Ave., Suite 500 ~ortland OR 97205-2O30 P~one: 503-224-2500 Fa~: 503-224-9830 "~u,~ .............................................. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, IN~URER$ AFFORDING COVERAGE ...... ................. INSURER INSURER D: iNSURER E: COVERAGES THE POLICIES OF INSURANO6 LISTED BELOW HA~. B.~EN ISSUED TO THE INSURED NAMED AEOVE FOR THE POLICY PERIOD INDICATED. NO~NITHSTANDING AN'/' REQUIREMENT, '~R~ OR CONDITION OF ANY CGNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY I~E ISSUED OR MAY PEF~TAIN, THE INSURANCE AFFORDE[~ I~Y THE POLICIES nESCRIEED HEREIN IS SUEJECT TO ALI- THE TERMS. EXCLUSIONS AN0 CONOJ]'IONS QF SUCH POI, ICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIM~. A ~ COMMEEC~[GENE~LLIASlLI~ KC08700013 ~GEN'L AGBR~GATE LIMIT APPLIES PER~ r'---~ ~-~ ~0- C '~ LOC [ POLICY [~ I jEcT / ~ AL[. OWNED AUTOS ~,CHEOULED AUTOS HIRED AUTOS NON-OWNEO AUTOS GARAGE LIABILI]'Y EX'.ESS UAlilII. ITY OCCUR ['-"':] CLAIMS A _~ DEOUCTIELE XI RiF, TENTIO. $ 10 ~ OOO WORF.,ERS COMPENSATION AND EMPLOYERS' LL~BIUTY KC08700013 KC08700013 06/10/03 A 06/10/0~ o6/[0/o4 06/10/03 l UTHER DE3GmPTION ~F~P~AT~N~AT~NB~EH~L~S~X~s~N$ADDED~E~D~R~EME~T~$PEc~LPR~V~N~ COMBINED ~tINGLELIMI'r $ I, 000 OOO (Sa accLdenl) EODILY INJURY (Par parade) BODILY iNJURY {per accident~ $ PROPERTY DANCE ~UTQ ONLY - EA ACCIDENT $ OTHER THAN EA ACC  AUTO ONLY AGG AGGREGATE $~, L ~.00 r 00~ ...... ~L. DISE~E - ~ EMPLOYEE E.L, DISE~E - POLICY ~IT CERTIFICATE HOLDER i N'""I AI~ITIONAL INSU"ED: IN6URER LETTER: CANCELLATION CITAS-1 CItY o~ ASHLAND ~LA_-",,'-D O~ 9'7520 ACORD 25-S (7197) el, ltOUklb i%NY OF THE ABOVE DESH:RII~'ED POLICIES Ig~ CANCELLED BEFORE THE EXPI~TIO~ OATS THEREOF, THE iGEUING IN~URER ~LL ENDEAVOR TO ~IL ~ DAY5 ~ITTEN NOTICE TO THE C~TIF~&TE HOLDER NAMED TO THE LEFT, BUT F~LURE TO DO ~ 8HALL IMPOSE NO O~LI~RTION OR LIABILITY OF ~NY KIND UPON THE [NSUR~ ITe AGENT~ OR REP~NTATi~. ~ACORD CORPORATION 1988 I1 11 11' From: Jonette Flynn At: Hart insurance FaxlD: 541-474-1890 To: THE CITY OF ASHLAND Date: 1/13/2004 09:47 AM Page: 1 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP,D DATE,MM,DD,, ,, 9BROTPI / 01/13/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hart Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 1240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Grants Pass OR 97528 Phone: 541-479 -5521 Fax: 541-474-1890 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Si~IF CO~[P INSURER B Brotherton Pipeline, Ine, INSURER C: 11 South Fron~aqe Road INSURER D Gold Hill OR 97525 INSURER E: COVERAGES THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWlTHSTANDIN(% /~NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSt ~RANCE 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 INSRAb~'L POLICY EFFECTIVE POLICY EXPIP~ATION LTR NSRE TYPE OF INSURANCE POEICY NUMBER DATE (MM/DD/YY) DATE (MM/OD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea ocnur,ahce) I CLAIMS MADE Il OCCUR MED EXP (Any one per*mn)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER PROE UCTS - COMFVOP AGG $ I POLICY F--~ PRO- ~LOCJECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i ANY At ~TO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDt ILED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AtlTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ I __J OCCt'R F~ CLAIMS MADE AGGREGATE $ b~ DEDt ICTIBLE $ I I RETENTION $ WORKERS DOMPENSA ONAND I TORY LIMIT,.* I EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNERIEXECUTIVE 810614 10/01/03 10/01/04 EL EACH ACCIDENT $ 500000 OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ 500000 SPECIAL PROVISIONS belaw E L DISEASE - POLICY LIMIT $ 5 0 0 0 0 0 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND 90 N MOUNTAIN ASHLAND OR 9752O SiNGSH1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE HART INSURANCE AGENCY ACORD 25 (2001/08) © ACORD CORPORATION 1988 !1 11 11' From: Jonette Flynn At: Hart Insurance FaxlD: 541-474-1890 To: THE CITY OF ASHLAND Date: 1/13/2004 09:47 AM Page: 2 of 2 I M PORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER'S COPY : 01/09/2004 Page 1 / 1 04755 VENDOR: 008118 BROTHERTON PIPELINE 11 S FRONTAGE ROAD PO BOX 738 GOLD HILL, OR 97525 FOB Point: Terms: Net Req. Del. Date: 01/01/2004 Special Inst: SHIP TO: Ashland Electric Department (541) 488-5354 9O N MOUNTAIN ASHLAND, OR 97520 Req. No.: Dept.: ELECTRIC Contact: Scott Johnson Confirming? No Quant ty Unit Description Unit Price Ext. Price BLANKET PURCHASE ORDER Contractor shall bore approximately 200 12,000.00 feet from "C" Street under Lithia Way to pole in alley and install 1-4" and 2-2" polv conduit - and - 100 feet from "C" Street under Lithia Way to pole on ' 2nd Street and install 1-4" and 2-2" poly conduits. Per proposal dated 11/12/2003. CSK Date of agreement: December 12 2003 Beginning date: January 1,2004 Completion date: February 27, 2004 I SUBTOTAL 12,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 12,000.00 ASHLAND, OR 97520 E 690.11.18.00.704100 12,00000 Auth(~rjT~d"Sig nature ~ VENDOR COPY ' ! i~ 'fTr '