HomeMy WebLinkAbout2006-207 Contract - Architectural Design Works
CITY OF
ASHLAND
CONTRACT FOR PERSONAL SERVICES
Contract made on the date specified below in Recital A between the City and Contractor as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Contractor: Architectural Design Works, Inc
City Hall Address: 1105 Siskiyou Blvd.
20 E. Main St. PO Box 1348
Ashland, Oregon 97520 Ashland, OR 97520
(541) 488-6002
FAX: (541) 488-5311 Telephone: 541-488-0719
FAX: 541-488-1336
Date of this agreement: 10/27/06 B: Date RFP 1st Advertised:
Beginning Date: 11/1/06 ....l -Proposal opening date: September 29, 2006
Completion Date: rE:I-. _ Jh .;)a:J7
2.2. Contracting officer: DaTe Peters, Facility Maintenance Lead Worker
2.3. Project Name: Design Services to Prepare Bid Documents to Enclose an Existing Covered Metal
Storage Building & Construction of Additional Office
Project Description:
6.1 Contractor's representative: Jac Nickels, AIA,CSI
8.3. Maximum contract amount: $45,300
B. On the date noted above, City issued a request for proposals (RFP) for services needed by City for the
project described above. Contractor submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Contractor's proposal and proposals submitted by other offerors, City selected
Contractor to provide the services covered by the RFP.
City and Contractor agree as follows:
1. Relationship between City and Contractor: Contractor accepts the relationship of trust and confidence
established between Contractor and City by this contract. Contractor covenants with the City to perform
services and duties in conformance to and consistent with the standards generally recognized as being
employed by professionals of Contractor's caliber in the locality of the project. Contractor further covenants
to cooperate with City, City's representatives, contractors, and other interested parties in furthering the
interests of City with respect to the contracted services. Contractor acknowledges that City is relying on
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Contractor to provide professional services in a manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to
them in the construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports,
and other services and products which Contractor is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and on the
completion date specified in Recital A above, or with thirty (30) days written notice to the other party.
4. Authority of Contractino Officer: The contracting officer shall have the authority to act on behalf of City in
the administration and interpretation of this contract. The contracting officer shall have complete authority
to authorize services, transmit instructions, receive information, interpret and define City's policies and
make other decisions with respect to Contractor's services.
5. Contractor's Services: Contractor shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Contractor shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's
requirements relative to the services.
5.1.2. Cooperate with other Contractors retained by City in the exchange of
information needed for completion of the services and the project.
5.2. Contractor shall commence performance of services after receiving written authorization from
the contracting officer for work described in the RFP. Contractor shall perform the services as expeditiously
as is consistent with professional skill and care.
5.3. Contractor shall perform the services as an independent contractor in accordance with
generally accepted standards in Contractor's profession. Contractor shall be responsible for the
professional quality, technical accuracy and the coordination of all services performed by Contractor.
Contractor shall, without additional compensation, correct or revise any error or deficiencies in the services
that are caused by Contractor's negligence. City's review, approval, acceptance of, or payment for, any of
the services shall not be construed to waive any of City's rights under this contract or of any cause of
action arising out of Contractor's services. In the event of any breach of this contract by Contractor or
negligent performance of any of the services, City's cause of action against Contractor shall not be
deemed to accrue until City discovers such breach or negligence, or should have, with reasonable
diligence, discovered such breach or negligence. The preceding sentence shall not be construed, however,
to allow City to prosecute an action against Contractor beyond the maximum time limitation provided by
Oregon law.
5. This contract may be terminated by either party for any reason with thirty (30) days written
notice.
6. Assionment of Contractor's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the
person specified in Recital A above, who shall act as Contractor's representative in all
communications and transactions with City.
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6.2. Contractor will endeavor to honor reasonable specific requests of City with regard to
assignment of Contractor's employees to perform services if the requests are consistent with
sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Contractor to achieve the objectives of this contract.
7.2. City will arrange for access to, and make all provisions for Contractor to enter upon, public and
private property as required for Contractor to perform the services.
7.3. The contracting officer will act as liaison between City, Contractor, public agencies, and others
involved in the project.
8. Payment:
8.1. City shall pay Contractor for services. No reimbursement will be made for expenses that are
not specifically agreed to by the contracting officer.
8.2. Contractor shall submit monthly invoices to City for Contractor's services within ten days after
the end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in
Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders, regulations,
rules and ordinances of federal, state, City and city governments with respect to the services including, but
not limited to, provisions of ORS 279C.505, 279C.515, 279C.520, and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work under
this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone
week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261
or under 29 U.S.C. Sections 201 to 209.
9.3. Contractor is a .subject employer" as defined in ORS 656.005 and shall comply with ORS
656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has workers'
compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer,
Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer,
Contractor shall provide City with a certification from the Oregon Department of Insurance and Finance as
evidence of Contractor's status.
9.4. If the amount of this contract is $16,936 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 50% or more of the
service work under this contract. Contractor is also required to post the attached notice predominantly in
areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the
property of City. To the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act,
defend, indemnify and hold harmless Contractor, its Contractors, agents and employees against all
damages, claims, expenses and losses arising out of any reuse of plans, specifications and other
documents prepared by Contractor without prior written authorization of Contractor. Contractor may use
the project, including design documents, in promotional materials.
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11. Records:
11.1. Contractor shall develop and maintain complete books of account and other records on the
services, which are adequate for evaluating Contractor's performance. Contractor shall maintain records in
such a manner as to provide a clear distinction between the expenditures and revenues related to the
project and the expenditures and revenues related to Contractor's other business.
11.2. Contractor's books and records shall be made available for inspection by City at reasonable
times, to verify Contractor's compliance with this contract. City shall have the right to request an audit of
Contractor's books and records by a certified public accountant retained by City.
12. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and employees
harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from
injury to any person (including injury resulting in death,) or damage to property (including loss or
destruction), of whatsoever nature arising out of or incident to the negligent performance of this contract by
Contractor (including but not limited to, the negligent acts or omissions of 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 claims, actions, costs, judgments, damages or other expenses,
directly and proximately caused by the negligence of City or other parties who do not have a subordinate
contractual relationship with the Contractor.
13. Insurance:
13.1. Contractor shall, at its own expense, at all times during the term of this contract, maintain in
force:
13.1.1. A comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this contract, blanket contractual liability, products
and completed operations and owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-
owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits
for claims made under the Oregon Tort Claims Act, ORS 30.260-30.270, with minimum coverage 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.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will
not be acceptable, except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed
contract prior to the commencement of any work under this agreement. Each certificate shall state that
coverage afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at
least 30 days prior written notice has been given to City. A certificate which states merely that the issuing
company "will endeavor to mail" written notice is unacceptable. Each certificate of insurance shall provide
proof of required insurance for the duration of the contract period.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation
required by this contract within ten days after the other party gives written notice specifying the nature of
the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it
cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice
begins performance of the act or obligation within the ten day period and thereafter proceeds with
.
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reasonable diligence and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the
other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this
contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and
pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be
cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of
Oregon for Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, either party may
terminate by giving the other party written notice thirty (30) days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Contractor may
complete such analyses and records as may be necessary to place its files in order and, where considered
necessary to protect its professional reputation, to complete a report on the services performed to date of
termination.
15.3. If City terminates the contract under subsection 15.2, Contractor shall be paid for all fees
earned and costs incurred prior to the termination date. Contractor shall not be entitled to compensation for
lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be given by law
shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other
manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the
City in Recital A above.
16.2. Notices to Contractor shall be addressed to the Contractor's representative at the address
provided for the Contractor in Recital A above.
17. AssiQnment: City and Contractor and the respective successors, administrators, assigns and legal
representatives of each are bound by this contract to the other party and to the partners, successors,
administrators, assigns and legal representatives of the other party. Contractor shall not assign or
subcontract Contractor's rights or obligations under this contract without prior written consent of City.
Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to
anyone other than City and Contractor.
18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties.
19. Trade Secrets and Confidential Information: Contractor shall clearly identify specific material within all
documents that is considered a trade secret or is otherwise confidential. City agrees, to the extent allowed
by state and Federal law, not to disclose to the public any identified trade secrets or confidential material.
Contractor waives any and all civil claims arising from any violation of the Uniform Trade Secrets Act (ORS
646.461) if any terial is dis osed to the public if such material is not clearly and specifically identified by
Contrac .
CITY OF ASHLAND:
BY Lf!/ ~
. FINANCE DIRECTO --
BY
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BY ~ N\G\c.,fi-L,c;.
n _.A Print Name
TITLE~ltOtt.I'Jr
DATE ~ ~U OCD
FederallD #~5~;O ~
DATE
CONTENTREVIEW~
DEPARTMENT HEAD ............
DATE
ACCOUNT # ~ ~tf? /// g OC? /0 .y::J/ ~
PURCHASE ORDER #
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(for City purposes only)
*The completed IRS W-9 form and required certificates of insurance must be submitted with the signed contract.
Drafted October 2006
FA~
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form W.9
Request for Taxpayer
Identification Number and Certification
(Rev. January 2003)
Department ~ the Treasury
IIllemllI Reverue SeNice
N Name
Q)
Cl
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a. Business name. if different from above
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I City. state. and ZIP code
': Ust accOUlt number(s) here (optionaQ
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IndividuaV
Check appropriate box: 0 Sole proprietor
Address (number. street. and apt. or suite no.)
o Corporation
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Enter your TIN in the appropriate box. For individuals. this is your
However. for a resident alien. sole proprietor. or disregarded
page 3. For other entities. it is your employer identification n
see How to get a TIN on page 3.
Note: If the account is in more than one name. see the rt on page 4 for guidelines on whose number
to enter.
Under penalties of perjury. I certify that:
1. The number shown on this form is correct taxpayer identification number (or I am waiting for a number to be issued to me). and
2. I am not subject to backup withh ing because: (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal
Revenue Service ORS) that I a bject to backup withholding as a result of a failure to report all interest or dividends. or (e) the IRS has
notified me that I am no 10 subject to backup withholding. and
3. I am a U.S. person Oncl . g a U.S. resident alien).
Certification instructions. au must cross out item 2 above if you have been notified by the IRS that you are currently su~t to backup
withholding because you" ave failed to report all interest and dividends on your tax return. For real estate transactions. item 2 does not apply.
For mortgage interest pfiid. acquisition or abandonment of secured property. cancellation of debt. contributions to an individual retirement
arrangement (IRA). a!Xi generaHy. payments other than interest and dividends. you are not required to sign the Certification. but you must
provide your corre<;fTIN. (See the instructions on page 4.)
Sign I SlgN~ of
Here u.s. person ~
I
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. mortgage interest you paid. acquisition
or abandonment of secured property. cancellation of debt. or
contributions you made to an IRA.
U.S. person. Use Form W-9 only if you are a U.S. person
Oncluding 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 for a 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.
Note: If a requester gives you a form other than Form W-9
to request your TIN. you must use the requesters form if it is
substantially similar to this Form W-9.
Foreign person. If you are a foreign person. use the
appropriate Form W-8 (see Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities).
CertifICation
. I security nllTlber (SSN).
. . see the Part I instructions on
(EIN). If you do not have a number.
Date ~
Norvesident alien who becomes a resident alien.
Generally. only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However. most tax treaties contain a
provision known as a "saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income.
you must attach a statement that specifies the following five
items:
1. The treaty country. Generally. this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
N2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. SuffICient facts to justify the exemption from tax under
the terms of the treaty article.
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Cat. No. 10231X
Form W-9 (Rev. 1-20(3)
For additional information:
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 can be seen by all
employees.
CITY Of
ASHLAND
Contract for Personal Services, Page 9 of 9
9
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9 /7' -r
EVEREST NATIONAL INSURANCE COMPANY
Westgate Corporate Center
477 Martinsville Road
P.O. Box 830
Liberty Corner, NJ 07938-0830
(800) 438-4375
ARCHITECTS & ENGINEERS PROFESSIONAL LIABILITY INSURANCE POLICY
DECLARATIONS
THIS IS A "CLAIMS-MADE" POLICY. PLEASE READ YOUR POLICY CAREFULLY.
Named Insured:
Architectural Design Works, Inc.
Policy Number:48AE001166-061
Address of Named Insured:
1105 Siskiyou Boulevard
Ashland OR 97520
Policy Period: From: 04/23/2006 To: 04/23/2007
(12:01 a.m. Standard Time at the Address of the Named Insured)
Retroactive Date: January 1, 1977
Additional Insureds:
Architectural Design Works
Renewal of 48AE001166-051
Professional Services:
Those services that any insured is legally qualified to perform for others in the Insured's
capacity as an architect, engineer, land surveyor, landscape architect, construction manager,
scientist, technical consultant, interior designer, land planner, or golf course designer.
Limit of Liability
- Each Claim
- Aggregate
$250,000
$500,000
Deductible
- Each Claim
- Aggregate
$2,500
Not Applicable
$8,481
Premium
Forms and Endorsements:
EEO 02 606 02 02-0regon Cancellation & Nonrenewal Provisions
EEO 26 503 02 02-Amendatory Endorsement
EEO 03 51002 02-Formal Mediation Endorsement
EEO 04 513 02 02-Supplemental Payments
EEQ 21 55002 02-Pollution Endorsement
EEO 03 512 02 02-Deletion Of Deductible For Claims Expense
EEO 04 545 09 03-Broadened Definition of Insured
EEO 04 531 05 02-Amendatory Endorsement
-------<~-R~en~tive
EEO 00 519 02 02-Architects And Engineers Professional Liability
c= Dated 04/21/2006
~---------
EDEC 182 ENIC 02 02
Page 1 of 1
Archiiecturral
Design Works
1105 Siskiyou Blvd. P.O. Box 1348 Ashland. Oregon 97520
David Richardson AlA Architect
Jac Nickels AlA CSI Architect
October 5, 2006
Mr. Dick Wanderscheid, Director
City of Ashland Department of Electric Utilities
90 North Mountain Avenue
Ashland, OR 97520
Re: REVISED FEE PROPOSAL TO PROVIDE ARCHITECTURAL SERVICES TO PREPARE BID
DOCUMENTS TO ENCLOSE AN EXISTING COVERED METAL STORAGE BUILDING
Dear Mr. Wanderscheid:
In response to our meeting with Scott Johnson regarding our fee proposal, we have revised our fee
and scope of services to better match your project needs.
Our revised fee assumes we are eliminating the cost estimate from our scope of services and that
ADW will provide a single set of construction documents for bidding and will not be otherwise
involved with the bid phase of this project.
. It also assumes that construction administration (CA) will be billed against a fee allowance on an
hourly basis and will be limited to observation of construction at key points in the process as
mandated by the State of Oregon for construction observation by licensed design professionals.
Any additional CA services provided by ADW will be as requested by the City's Project Manager.
Should the allowance be expended prior to completion of the project, we would like to negotiate
additional fees with the City to continue to provide these services.
Our revised fees are as follows:
Stipulated Fee
Pre-Design, Design and Construction Documents
Allowances (to be billed hourly as needed)
Construction Administration Allowance
Reimbursable Expenses Allowance
$40,000.00
$3,000.00
$2,300.00
[:Jii(JlIC::5.:'i-.:~8-0i'!8 l;'l~:: :-l-.~i::'-:",:.'"': :_:-ii.....j!:;:~:':'-l -,,'--'
r . ,i \. .-, 1"~' " . Ii.
We hope that our revised fee and scope of services meets your project needs. Please call me if
you have any further questions or concerns.
We look forward to working with you and Scott to get your project going.
Jac Nic els, AlA, CSI
President
CC: File
\\I'.tJwseM>rladw data\I'IDW AdministralionlBus-Dev diem PresentalionslAshland Elect Shed Enclosull! RFP\Admin\ASH EUcr COVER-l-REV-l00406.doc
rTfV' .ECORDER'S COpy
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Page 1 / 1
~A'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
I 11/::-1 r 07211-'
VENDOR: 005394
ARCHITECTURAL DESIGN WORKS INC
1105 SISKIYOU BOULEVARD
ATTN: JAC NICKELS
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 11/1/2006
Speciallnst:
SHIP TO: Ashland Electric Department
(541) 488-5354
90 N MOUNTAIN
ASHLAND, OR 97520
Req. No.:
Depl: ELECTRIC
Contact: Scott Johnson/Dale Peters
Confirming? No
THIS IS A REVISED PURCHASE ORDER
BLANKET PURCHASE ORDER
Architectural desiQn services to
enclose an existinQ covered metal
storaQe buildinQ utilized by the
Electric Department.
Pre-DesiQn, DesiQn, and Construction
Documents - Not to exceed $40,000
Allowances (to be billed hourly as
needed)
Construction Administration Allowance
$3,000.00, Reimbursable Expenses
Allowance $2,300.00
40,000.00
5,300.00
RFP - September 2006
Date of aQreement: 10/27/2006
BeQinninQ date: 11/01/2006
Completion date: 02116/2007
Insurance required/On file
City Project ManaQer: Dale Peters
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
4
VENDOR COpy
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3
~as(~
CITY OF
ASHLAND
REQUISITION FORM
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request: , 11/07/20061
Required Date of Delivery/Service: I
Vendor Name
Addl'8ll
City, State, Zip
Telephone Number
Fax Number
Contact Name
Arr.hitAr.tll~1 r1A~ign Wnrh. Inr.
11 05 ~i~kiynll / P 0 Any 1348
Ashland OrP.gon 97520
541-488-0719 Fax 541-488-1336
Jac Nickels. AIA.CSI
LICITATION PROCESS
~R Procurement
Less than $5.000
Quotes (Not reqUIred)
~Procurwnent
(3) Written Quotes
(Copies attached)
Sole Source
Written findings attached
~I'IIIIveProcurwnent
Stale d ORJWA contract
Other government agency contract
o Copy d contract attached
o Contract #
Reaueltfor ~
(Copies on.) e.2iO 1
SDICIIII ExemDt
Written finclngs attached
Description of 8ERVlCBS
1)~11.c.J ~~ 70 ~ -:ad ~~ '""f'b
~(o~ A*> cltisnDf ~c:Ji!J1L.U1D ~ ~~tr 6,,/J,~
Per Ittac:hed PROPOSAL
Item'" QulUltlty Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number~~~~!? ~'- ~ A .
/ p--O cer ~--$ ~ -: ~
o Per Ittac:hed QUOTE
Account Number 690.11.18.00.704100
· Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accuretely.
By signing this requisition form, I certify that the information provided above meets the City of AshlErJd public contracting requirements,
"Bm~~~ ~J
Employee Slgnat . ~ SupervlsorlDept. Head Signature:
G: FlrIanceIProcedurelAPlForms\8_Requisitlon form revised
UpdatBd on: 1117/2006