Loading...
HomeMy WebLinkAbout2008-156 Contract - Pacific Paving Contract for GOODS AND SERVICES Less than $25,000 CITY Of ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 CONTRACTOR: Pacific Paving, Inc. CONTACT: Paul Hildebrand ADDRESS: PO Box 2370, White City, OR 97503-0370 TELEPHONE: 541-772-4616 DATE AGREEMENT PREPARED: 07-30-2008 FAX: 541-830-4612 BEGINNING DATE: 08/04/2008 COMPLETION DATE: 08/15/2008 COMPENSATION: $7,997.00, Per attached quote GOODS AND SERVICES TO BE PROVIDED: Furnish and install 4" of asphalt over an area approximately 1,542 sq ft and compact to maximum density. Hammer cut and remove damaged asphalt in Intersection approximately 516 sf and furnish and install 4" of asphalt and compact to maximum density. Location: Morton between Iowa and Holly ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any 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 any 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 worker-like 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 provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Goods shall be paid for within 30 days of an invoice after delivery of goods conforming to the standards and specifications. 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, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $18,088 or more, Contractor is required to 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 500/0 or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B 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 proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 1 of 9 c~ For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obliaation/Liabilitvof Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 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. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.11 0 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. 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. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its ORF status pursuant to the ORF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a ORF if Contractor has qualified as a ORF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. c. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 2 of 9 $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or chanae. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. 'The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, lithe claim ") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS I)", AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Councilor the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. ;yONTRACT~~ ~I ~i ?J~~ Print Name a./~A'f,tt CITY OF ASHLAND. BY TITLE DATE DATE /':X> -- ~g FederallD# ACCOUNT # "Completed W9 form must be submitted with contract PURCHASE ORDER # {l#~7tP- Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 3 of 9 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ~/iCy Contractor 7-J:o-Ok' (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 4 of 9 Form W-Q Request for Taxpayer Identification Number and Certification (Rev. OctQbet 2007) Department of the Treasury Internal Revenue Service Name (as shown on your income tax return) C\i II> OJ (\J Q. l: o Q) II) ~~ ~g -i l:l: 'C_ Q.() :e () Q) 9; II> ~ Business name, if different from above Check appropriate boX: 0 Individual/Sole proprietor 0 Corporation 0 o Limited liability company, Enter the tax classification (O=disregarded entity, C= o Other (6&e instructions) .. Address (number, street, and apt. or suite no.) City, state, and ZIP code Listaccount number(s) here (optionaQ Enter your TIN in the appropriate b . he TIN provided must match the name given on Une 1 to avoid backup withholcling. For individi , this is your social security number (SSN). However, for a resident alien, $ole proprietor, or disr rded entity, see the Part I instructions on page 3. For other entities, it is your employer identifica.' number (EIN). If you do not have a number, see How to get a TIN on page 3, Note. If tl16 ace 'in more than one name, see the chart on page 4 for guidelines on whose number10 enter. Certification I Social 88~ numir or Employe r identification nll'llber Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am sUbject to backUp withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3, I am a U.S, citizen or other U.S, person (defined below), Certification . Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions. item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN, See the instruCtions on page 4. ~~:;. I~~~;:~f .. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortQage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA Use Form W~9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting fora number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U,S. person, your allocable share of any partnership income from a U,S, trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, yOu must use the requester's form if it is substantially similar to this Form W-9. Date .. Deftnftlon of a U.S. porson. For federal tax purposes, you are considered a U,S, person if you are: . An individual who is a U.S. citizen or U.S. resident alien, . A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, . An estate (other than a foreign estate), or . A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner isa foreign person, and pay the withholding tax. Therefore, if you are a U.S, person that is a partner in a partnershipconclucting a trade or business in the United States, provide Form W-9to the partnership to establish your U.S, status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S, status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: . The U,S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 5 of 9 A'CORD. CERTIFICATE OF LIABILITY INSURANCE I OP 1D.J DATE CIIIIDWYYYY) PACIOsW" 08/31/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ICPD Insurance, Ine. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 784 ALTER THE COVERAGE AFFORDED BY THE POUClES BELOW. Spring1!:l.eJ.d ~ 97477 , Phoaa: 541-741-0550 Fax: 541-741-1674 , INSU_ AFFORDING COVERAGE NAIC. -..iil- - - - ---- - - -- ----.- -- - - - ~.;s;....; A.:... SAIF Co~rat:iJ?1'1_ =- ~a!"!!_-=--=-":- _- ~-. ~ _ N~~ I -.-------.--.--.-------.----.--.--- - ..- .~R.5::..._________.___.._._,-!_..__ _ _ -~~------,----..-.-------i- -.-.-.. _ ; INSUltER E: Pacifie Paving, Ine. PO Box 2370 White City OR 97503 PRODUCER COVERAGES THE POlICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO TtE INSURED NAMED ABOVE FOR THE POuCY PERIOD INDICATED. NOTWTHSTANOING ANY REQUIREMENT, TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PEftTAJN. THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEIWS. EXa.USIONS AND CONDITIONS OF SUCH POUCES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF IllURANCE GENERAL LIA-.nv I ,...., ~ERClAL GENE'!AL UABlLlTY r -.:=r=. ClAIMS MADE L _. OCCUR ' :..~------_._- I _-.J --------:-----_ I ~~L AGGR~.e UMIT ~S PER, . POLICY : . r LUC' ~~LIA8IUTY ,.. .J ANY AUTO I ALL OWNED AUTOS -, SCHEDUlED AUTOS ~.J HIRED AUTOS i I NCJN.OWNED AUTOS -, ~---_.- L GAIWIE LIAanv l AHf AUTO I- I EX~LIAIUTY ~'~ OCCUlt !"l ClAIMS MADE .-------...--.--- -. POLICY NUMIIER .'~~:--------i.ls-- --- I EACH OCCURRENCe l $ i~\:i~ IU"~NI~U .- --' s.- - -- ,..PREMISE.!1Ea ~L...L _ _ _ _.. . !- MEE..E~(Any ~~.l.. _$_ _ _ _. ... PERSONAl & ArJI/INJURY i S t-----_~...-..-- ___ I GENERAL AGGREGATE S --------.----- - - l ~~_=_COMPK')P~ _..___._ _ I 0EDUCT1BlE -- I RETENTION S . WORKERs COMPlNlATION AND IIIPLOYIRI'LM8IJTY A I AN'( PROPRIETORIPARTNERlEXECUTIVE I OFFICEMlEUBER EXCLUDED? ; If.f!ll..a.u. undw ! SPECIAL PROVISIONS below OTHIR I 812919 10/01/07 : ~~FNGLE LIMIT ! $ ~-_._------'--_.._.- 80DIl V INJURY i S ~(Per~)________._._ " I i BOaL Y INJURY i ! (PIr a:ldn) , $ ----.-,- -'t-- - - -- - -. - I PROPERTY DAMAGE , (Per~) 1$ I AUTO OM. Y . EA ACCIDENT I S .-.---- SA;a;r;'---- .-. - IOTHERTHAN _________ AUTO ONLY: AGO is . EACH OCCURRENCE . S i~GATE---'T$---- L.-=-=~~-=-~!s ~~~~.~ ' is f---------.-- .- - ,- s ! X Tml.lM'IL_~______ ._. 10/01/08 . EL.SACH.~~___i~OO,LOQQ_. _ r;L DISEASE. SA EMPlOYEE s 500 , 000 I E~~.~.pwC;:L1;irl-ssoo oele> . DEICRIfoI~ OF OPERATIONS I LOCATIONS 'VEHICLES I EXCLUSION. ADDED BY ENDO'IaIE-.,.,1PICIAL ~ RE : All Operation. CERTIFICATE HOLDER CI1'AS02 CANCELLATION IHOULD ANY OF THE A80VE DEICIU8ID POLICIES BE CANCa.LID .eFORE tHE EXPIRATION DAT! 1'H!MOF, THE IISIINQ IN8URER WILL ENDEAVOR TO MAIL ~ DAYI WIITTEN NOnce TO THE C!RTFICATE HOlDER NAIlED TO THE LEFT, BUT FALUItE 10 DO so SHALL IIIPOIE NO 0IIIJGA1ION OR LIA8UTY OF ANY KIND UPON THE INSURER, ITS ~ OR "~J'h~ t / / e ACORD CORPORAnoN 1188 Ci ty of Aah1and 90 N Mountain Ave. Aahl.and OR 97520 ACORD 21 (2001108) -",t~, 8f:CORDER ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE(MWDDIYYYY) 3/1372008 PftODUCER (541)772-1111 PAX: (541) 772-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JBLm Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CER11FICATE HOLDER. THIS CERnFICATE DOES NOT AMEND, EXTEND OR 707 Yarphy Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Illleclfom OR 97504 INSURERS AFFORDING COVERAGE NAIe # --.- INSURED - . -. - -- -- -". ---- ._- ._.. - _. iNSuRER A Travelers Pacifi.c Paving, Inc INSURER B: Developers Surety & Indem PO Box 2370 INSURER c: INSURER D: Whi te City OR 97503 INSURER E: THE POUQES OF INSURANCE USTED BELON HAVE BEEN ISSUED TO THE INSURED NAMED r.B00IE ~ THE POLICY PERIOD INDICATED. NOTWllHSTANDlNG ANY REQUIREMENT, TERM OR CONDITION OF Nl'( CON1RACT OR OntER DOCUMENT V<<Ili RESPECT TO WHCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES a:SCRlBED tEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND C(N)IllONS OF SUCH POLICIES. _au.,.,:: . DA.r\ 1'" A....aC! '~ ~~ TYPE OF ..8UItANCE POLICY HUMBER POLICY I!PP!C'TIW POLICY mcfIIMTION UMITS Clmfl!ftAL ~BLITY $ 1 ,.000 , 000 - ~qu9.:~ENTED 100,000 X CCMoEROAL GENERAL UA8lUTY S A. I a.AIMS MACE ~ ~ D~052'DB417TILOB 3/20/2008 3/20/2009 ,-\ $ 5,000 ~WW.a.1 & NJV INJURY $ 1,000,00(J I-- -.-., GAll=RAI $ 2,000,000 I-- GEN\. AGGREGATE UMT APPLES PER: . t".nuDM'\D .a.n.~ $ 2,000,000 n POUCY n 28r n LOC AUTOMOBLE LIABILITY COMBINED SINGLE UMIT 1,000,000 - (Ee~ $ X ~Y AUTO - 3/20/2008 3/20/2009 A. ALL UMI:U AU I ~ DTe~052SDe417TILOI BOOIL Y INJURY - (Per plnCIn) S SCHEDUlED AUTOS - - - HfiED AUTOS BODILY INJURY $ NON.OV\HED AUrOS : (Per eocIdent) t-- ~' : PROPERTY DAMAGE $ (Per eocldent) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ R ANY AUTO OTHER THAN ~A ACe $ AUTO ONt. V: AGG $ DCE'SSlUMllftELLALlAIILITY ....... IS 1,000,000 ~OCCUR o a.AIMS MADE AGGREGATE $ 1,000,000 . s A Fzi DEDUCTIBLE DTSMCUP526DB417TIL 8 3/20/2008 3/20/2009 s X C lOJOOO is WOItICERS COMPINSATION AND I ,.~sr~.'W-'l1 I~r !WLO'YI!ftS'LlAlllLlTY ANY PROPRIETORIPARTfIFR~VE E.L. EACH ACCIDENT $ OFFICEMEMBER EXCLUDED? E.L. DISEASE . EA EMPLOYEE $ :=c.:-a1Mt .... IH. D1~ - POUCY uwr 1$ B OnftR Contraotorla Lioena. 24708BC 7/15/2005 7/15/2008 Liai t: $10,000 Bona DESCRIPrION OF OPStATIONSIlOCATIONSNEHICLESIEXcLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS certificate holder included as adc11tional insured per attached endorsement fCOO2460805 where required by contract. SUb'ect to policy tenaa, ClOncU tions and exclusions. I c HOLDER CANCELLAnON (541)488-5320 SHOULD ANY OF THE ABOVE Dl!SCRIBB) POLICIES BE CANCELLED BEFORE THE !'he City of Ashland, its officers, agent. EXPIRATION DATE THEREOF. THE ISSUING "SURER WILL ENDEAVOR TO MAIL and employees 10 ~ VS WRITTEN NOTICE TO THE CERTlFICA TE HOLDER NAMED TO THE LEFT. BUT 90 North Mount:ai.n Avenue - AshJ.and, OR 97520 FALURE TO DO so IHALL IMPOSE NO OBLIGATION OR LIABIUTV OF ANY KIND UPON THE INSURIft ITS AGINTS Oft fteJIftDENTA rIVES. AUTHOftlZED ft!PRESENTATIVE ~ ~. w~ S Wilson, ~, AIC/SU ~~ ACORD 26 (2001/08) INS026 (0108).08a ., ACORD CORPORAnON 1988 P8ge 1 of 2 .- COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) Is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to Include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring Insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement Is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring Insurance", the In- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III - Umlts Of Insurance. b) The Insurance provided to the additional In- sured does not apply to "bodily Injury", "prop- erty damage" or .personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, Including: I. The preparing, approving, or falling to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving. or failing to prepare or ap- prove, drawings and specifications; and Ii. Supervisory, inspection, architectural or engineering activities. CG D2 48 080~ The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and Included in the "products-completed op- erations hazard" unless the "written contract requiring Insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional Insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The Insurance provided to the additional Insured by this endorsement Is excess over any valid and collectible "other Insurance", whether primary, excess. contingent or on any other basis, that is available to the additional Insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this Insurance apply on a primary basis or a primary and non-contributory basis, this Insurance Is primary to "other Insurance" available to the additional insured which covers that person or organization as a named insured for such loss. and we will not share with that .other. insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other In- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional Insured when that person or organization is an additional insured under such "other insur- ance" . 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice 8S soon as practicable of an "occur_ rence" or an offense which may result in a claim. To the extent possible, such notice should Include: C> 2005 The St. Paul Travelers Companies, Inc. Page 1 of2 CbMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; Ii. The names and addresses of any injured persons and witnesses; and ill. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional Insured must:' I. Immediately record the specifics of the claim or "suit" and the date received; and II. Notify us as soon as practicable. The additional Insured must see to It that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received In connection with the claim or "suit", cooperate with us in the Investigation or settlement of the claim or defense again~t the "suit" I and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional Insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured 8S described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal Injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. P ge 2 of 2 I C 2005 The Sl. Paul Travelers Companies. Inc. CO 0240 08 OS 07/29/2008 15:24 5418304512 PACIFICPAVINGINC PAGE 01 PROPOSAL SUBMm'ED TO: 488-5353 OBNAME July 29, 2008 City of Ashland Water Department ,ON Mountain STREET Morton Between Iowa & Holly Ashland ST ATE CITY We hereby submit specifications and estimates :fbr: Commercial Patching 1. Furn!sh and install 4;~ of asphalt over an area approximately 1 ,542sf and compact to maximum deDSlty . 2. Hammer cut and remove damaged asphalt in Intersection approximately 516sf and furnish and instal14" of asphalt and compact to maximum density. TO AOClUP'T ~IGN &i RETURN' TOP (JOP1( We heroby prapoR to fllmi~ the above JAbor:Mld materials i1i xcardancc witl\ die above ~ficadaM. ftJr tbc!l\1n't ~: ***Seven Thousand ~ine Hun9red Ninetv Seven and 00/100'*. dollars ($ * **~7 .997 .()O... ) TERMS: Cash 00 CQI'J1Pletion of job. unless other ~ are made in wriling. .A 2% per month FINANCE CHARGE Will be; lidded on an plIld: due accounts. an ANNUAL PE1\CENTAOE RA 1'E OF 2m. In the ~ent any balmce is IUIIMId over 10 III auomey fur collmion. (M' if a lawsuit il' filed to ool~ any balance. irteIuding appeal!! ftam triJl~ ~ ~Iing party shall be entitled to hi! teIISODRb1c M1x:Irney fea .-.d I'eMOft8blc ~ ofliop!iott. sudl8S mvcmptloo. deposition. pi'tMsional proectI5 and other litl: cxp:nses. All m-nal is ~ to be IS ~ AD work. to be comp1ttQd in II workmanlike manner ~mg to standard p.-actiees. Any .ttw;ntiQn or deviation fi'om above specifications invoJvin& Idditio-t 'IlVOIk end extra com will beeQme an extra ol1_se over BOd aOOYe the estirnate. If subbase liod/nr blue is pNptnd by others. then ....._ is limited by ~1rip. The ~ tIOil sumlizati~ proc:ess 1lriU not kill m1 typm of vegct8tion _ we Will not be responsible for ~ cIarnagcd ~t ciao 10 the ~ of~ion. All ~rnts cootinaent upon stn1a::$, ICCidenls or delays beyond our COfttrol. If1his conaact m:ecds $l,OOO.1he ~ ~ receipt oldie "tnfbrmllion Notice It! Homeowners Iboat CQft'StrOOtlon Liens." ihiJ; _l""Ybe~~r_n30days.CCBf5083S .~, . Estimator ~~ Paul Hildebrand ... Acceptance of Proposal The above prices, specifications and condj,tions are satisfactorY and ere hereby accepted. You are authorized to do all of the work BS specified. Payment will be made as outlined above. Signature = Dale r~' C I T Y 0 f CITY RECORDER ASHLAND I. 20 E MAIN ST. . ASHLAND, OR 97520 (541) 488-5300 Page 1 / 1 :,:~. 8/6/2008 I r'i ~'l 08472 , VENDOR: 000903 PACIFIC PAVING, INC POBOX 2370 WHITE CITY, OR 97503 SHIP TO: Ashland Water Department (541) 488-5354 90 N MOUNTAIN ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speclallnst: Req. No.: Depl: PUBLIC WORKS Contact: Terry Oldfield Confirming? No Furnish and install 411 asphalt, approximately 1 ,542 SQ ft and compact to maximum density. Hammer cut and remove damaQed asphalt in intersection approximately 516 SQ ft and furnish and install4H of asphalt and compact to maximum density. Location: Morton between Iowa and Holly. Per attached Quote. 7,997.00 Contract for Services Date of aQreement: 07/30/2008 BeQinninQ date: 08/04/2008 Completion date: 08/15/2008 Insurance reQuired/On file BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 7 E 260.08.12.00.60240 E 670.08.18.00.60240 ~.:k- J?_ ~/~ ~JQna::: ' VENDOR COPY CITY OF ASHLAND REQUISITION FORM THIS REQUEST IS A: D Change Order(existing PO # Date of Request: [J?/Jt(cffl Required Date of DeliverylService: I I P A- C I t=-l c.. ;'Ji/./V/ A/ " r- 0 ,(fo>c 2?? (] W ft: 1 7"1'; C. ll~ I ore S-tt/ - _ IJ _ -- ,,'1_ P4<..JL I+ILI1 ~ 8 ~fLI.c1 Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name 9?-;;/ ~ r~ "'(I - tf 3 () - y' I :< SOLICITATION PROCESS Small Procurement o Less than $5,000 o Quotes (Optional) Sole Source Written findings attached Quote or Pro sal attached CooDerative Procurement o State of ORIWA contract o Other government agency contract o Copy of contract attached o Contract # Invitation to Bid (Copies on file) Inte late Procurement (3) Written Quotes (Copies attached) Reauest for ProDOsal (Copies on file) SDeCla11 ExemDt Written findings attached Quote or Pro sal attached Emeraencv o Written findings attached o Quote or Pro sal attached Description of SERVICES ~ vtIC-t1J I f u- ~ I A.J ~~ '-"- t( I.( ,q. S PHA-c...:i- 4J> ~~)C" I J S-'f:t S..p +- C. c) iI"'l .,0...+<:-, rOM.-1-)e I ..c." v"'" IJ C rV.J I 't7 . ~M.'--~ c.vr4- ~C~CJ~ ,4St"i.f-4LI A#J.P.""ed~ ~/' S'fl c C "1. A4<: r- A.J E,I.v ~ S ~ i-I-A <....r "-0 f2.-1~)c . JJ (,....v r I -r / Per attached PROPOSAL PJ oltTVtJ 5', - w -ro 1+ () U-l Item # Quantity . Unit Description of MATERIALS Unit Price Total Cost Project Number _ _ _ _ _ _ - _ _ _ S' P L t r Account Number ~J!- ~t- !f{.1!2- -'-q~~.9() <- ~ '0 . ot. , 1 ~ C~ ,,, 2.."0 0 It Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. l1l Per attached QUOTE By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be provided upon request. Employee Signature: ~ (Jq U Supervisor/Dept. Head Signat~ ~ G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc Updated on: 713012008 Memo DATE: August 5, 2008 TO: Mike Faught, Public Works Director Terry Ellis, Public Works Superintendent ~7- FROM: RE: Written Finding- Paving on Morton Street Work background: The City of Ashland's water model identified several water mains around town that needs to be replaced or upsized. As part of this, the Water Distribution Department replaced and up sized an old 6" cast iron water main on Morton Street between Iowa and Holly. It was up sized to 8" Ductile Iron. As part of the work, we had to saw cut and remove approximately 2,058 square feet of asphalt. To repair this section of asphalt, we were required to hire an outside contractor. Procurement Procedures: Under Ashland Municipal Code (AMC) 2.50.070 Procedure for Competitive Bids, which references ORS 279B.070, we contacted three companies and received written quotes for the work to be performed. The following companies were contacted and quotes received: 1) Written Quotes: 1) Pacific Paving- $7,997.00 2) Mountain View Paving- $10,130.00 3) Knife River- $11,850.00 Since the cost of the repair work fell under the intermediate procurement guidelines ($5,000.00 and $74,999.00), the following recommendation is made: 2) Award recommendation: It is recommended that we award the contract to Pacific Paving. They are not only low bid, but also can complete the work within our schedule. 3) Funding: This project is a joint project between the Water Distribution Department and the Street Department. Each department shall fund ~ of the project. Funds are available on both the infrastructure maintenance accounts as shown in the 2008-09 budgets.