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HomeMy WebLinkAbout2007-087 Contract - Thornton Engineering ENGINEERING SERVICES CONTRACT Consultant services contract made on the date specified below in Recital A between the City and Consultant as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND Consultant: THORTON ENGINEERING INC. City Hall Address: 1236 DISK DRIVE STE I 20 E. Main St. MEDFORD OR 97501 Ashland, Oregon 97520 (541) 488-6002 Telephone: 541/857 -0864 FAX: (541) 488-5311 FAX: 541/857-1947 . .- -.:.... "'- Date of this agreement: ~ B: RFP da:(sePtember 2003 --"::1 I 'c APRIL 19, 2007 Proposal dat. August 13, 2003 , 9 ~2.2. Contracting officer: Paula C. Brown, PE '----- ~. ~2.4. Project: MISCELLANEOUS CONCRETE 2006 PROJECT ~6. Consultant's representative: MIKE P. THORNTON, PE ~8.3. Maximum contract amount: NTE $ 9,005.00 B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project described above. Consultant submitted a proposal in response to the RFP on the date noted above. C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide the services covered by the RFP and within the attached Exhibits A & B providing scope of work and reimbursable expenses schedule. City and Consultant agree as follows: 1. Relationship between City and Consultant: Consultant accepts the relationship of trust and confidence established between Consultant and City by this contract. Consultant 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 consultant's caliber in the locality of the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties in furthering the interests of City with respect to the project. In order to promote successful completion of the project in an expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of the project to which this contract applies, serve as City's professional consulting representative for the project, and give professional consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide professional consulting 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 consulting services and products which Consultant 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 end on completion of all services required by this contract unless sooner terminated as provided in this contract. 4. Authority of Contractina 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 Consultant's services. 5. Consultina Services: Consultant shall provide services to City that are described in the RFP. 5.1. In connection with the services described in the RFP, Consultant shall: 5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative to the services. 5.1.2. Review available data relative to the services. 5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's representative in obtaining such data. 5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services. 5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for completion of the services and the project. 5.2. Consultant shall commence performance of services within five days after receiving written authorization from the contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for periods of time required for City's review and approval of Consultant's services. Each schedule, approved by City, shall become a part of this contract. 5.3. Consultant shall perform the services as an independent contractor in accordance with generally accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any error or deficiencies in the services that are caused by Consultant'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 Consultant's services. In the event of any breach of this contract by Consultant or negligent performance of any of the services, City's cause of action against Consultant 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 Consultant beyond the maximum time limitation provided by Oregon law. 6. Assianment of Consultant'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 Consultant's representative in all communications and transactions with City. 6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultant'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 Consultant to achieve the objectives of this contract. 7.2. City will provide information, documents, materials and services that are within the possession or control of City and are required by Consultant for performance of the services. 7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as required for Consultant to perform the services. 7.4. City will provide all permits necessary for completion of the project. 7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the project. 8. Payment: 8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by the contracting officer. 8.2. Consultant shall submit monthly invoices to City for Consultant'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. Consultant 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 Consultant 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. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status. 9.4. If the amount of this contract is $15,964.00 or more, Consultant 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. Consultant 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 Consultant 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 Consultant, its consultants, agents and employees against all damages, claims, expenses and losses arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior written authorization of Consultant. 11. Records: 11.1. Consultant shall develop and maintain complete books of account and other records on the services which are adequate for evaluating Consultant's performance. Consultant 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 Consultant's other business. 11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to verify Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and records by a certified public accountant retained by City. 12. Indemnification: Consultant 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 Consultant (including but not limited to, the negligent acts or omissions of Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. 13. Insurance: 13.1. Consultant 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 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. 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 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: 15.1 Mutual consent. This contract may be terminated at any time by mutual consent of both parties. 15.2 City'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. 15.3 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: a. 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; b. 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 c. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract for any reason denied, revoked, suspended, or not renewed. 15.4 For Default or Breach. a. 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 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. b. 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. c. The rights and remedies of City provided in this subsection (15.4) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. 15.5 Obliaation/Liabilitv of Parties: Termination or modification of this contract pursuant to subsections 15.1, 15.2, 15.3 and 15.4 above shall be without prejudice to any obligations or liabilities or 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 15.1, 15.2, 15.3 and 15.4 of this section, Contractor shall immediately ceased all activities under this contract, unless expressly directed otherwise by City in 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. 16. 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. Consultant 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 Consultants, with no further liability to Consultants. 17. 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. 17.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A above. 17.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the Consultant in Recital A above. 18. Assianment: City and Consultant 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. Consultant shall not assign or subcontract Consultant'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 Consultant. 19. Governina 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, "the 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. 20. MERGER CLAUSE: 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 IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 21. Modification: No modification of this contract shall be valid unless in writing and signed by the parties. CONSULTA~~ ~_--'> By: f!2~ 7 Signature M J t..H it El- P -rH-o (2.t'-' w,) Printed Name Its: Y (Z.c:S I:D ~ -r Fed 10# q~ - / ?o1 '5/ 9 CITY OF ASHLAND By: ~ ~ ~ft"") Lee Tuneberg , Finance Director REVIEWED AS TO FORM: /. / tJJ.. By: / Legal Department /15ate: ,.,. REVIEWED AS TO CONTENT: By: ~ Dep8rtment Head Date: ~ I'rPrt.o7 Coding: :; 6 c c ~ /,;).~ 6) C' 7 c ,y ;:; CJ- U (For City use only) ~() \. C 'i~6 0 Reimbursable Expenses Schedule EXHIBIT B Costs for reimbursable expenses are: "11 x IT' Copies Blueprint Copies Mylars Other Reimbursables Standard Hourly Rates Schedule $.20/page $1.50/each $7.00/each Cost Rates for services performed outside the scope of services and on an hourly basis are: Principal Engineer Senior Engineer Project Engineer Engineering Technician III Engineering Tehcnician II Engineering Coordinator Support Staff Legal Testimony & Preparation $95/hour $90/hour $80/hour $70/hour $60/hour $40/hour $40/hour $ 135/hour EXHIBIT A 4/13/2007 Scope and Cost of Services 2006 MISCELLANEOUS CONCRETE CONSTRUCTION CITY OF ASHLAND ITEM ACTIVITY HOURS RATE TOTAL 1 Preliminary Design Meeting Principal Engineer 2 $95.00 $190.00 Proj ect Engineer 2 $80.00 $160.00 2 Field and Record Research Principal Engineer I $95.00 $95.00 Project Engineer 4 $80.00 $320.00 3 4th Street - B Street to C Street Principal Engineer 0 $95.00 $0.00 (Curb, Gutter & Handicap Ramps) Project Engineer I $80.00 $80.00 4 B Street - 6th Street to 7th Street Principal Engineer 0 $95.00 $0.00 (Gutter & Handicap Ramps) Proj ect Engineer I $80.00 $80.00 5 2nd Street - E. Main St. to Enders Alley Principal Engineer 1 $95.00 $95.00 (Curb & Sidewalk) Project Engineer 2 $80.00 $160.00 6 A Street - 2nd Street to 3rd Street Principal Engineer 1 $95.00 $95.00 (Sidewalk) Project Engineer 2 $80.00 $160.00 7 1618 Ashland Street Principal Engineer 0 $95.00 $0.00 (Mountable Curb Replacement) Project Engineer 1 $80.00 $80.00 8 305 Wimer Street Principal Engineer 0 $95.00 $0.00 (Curb & Gutter Replacement Project Engineer 1 $80.00 $80.00 9 City Hall Principal Engineer 0 $95.00 $0.00 (Sidewalk) Project Engineer 1 $80.00 $80.00 10 NW Corner of Iowa St & Walker Ave Principal Engineer 1 $95.00 $95.00 (Handicap Ramp) Project Engineer 2 $80.00 $160.00 11 611 Siskiyou Boulevard Principal Engineer 1 $95.00 $95.00 (Driveway Approach) Project Engineer 2 $80.00 $160.00 12 Winburn Way Principal Engineer 1 $95.00 $95.00 (Handicap Ramp) Project Engineer 2 $80.00 $160.00 13 City of Ashland Bandshell Principal Engineer 1 $95.00 $95.00 (Driveway Approach) Project Engineer 2 $80.00 $160.00 14 Ashland High School Bus Shelters Principal Engineer 1 $95.00 $95.00 Project Engineer 2 $80.00 $160.00 15 Handicap Ramp at Corner of Third & C Principal Engineer 1 $95.00 $95.00 Project Engineer 2 $80.00 $160.00 16 Contingency (Additional Projects) Principal Engineer 2 $95.00 $190.00 Project Engineer 4 $80.00 $320.00 17 Engineer's Construction Cost Estimate Principal Engineer 2 $95.00 $190.00 Project Engineer 12 $80.00 $960.00 18 Engineering Coordination Principal Engineer 12 $95.00 $1,140.00 Engineering Coordinator 8 $40.00 $320.00 19 Attend Pre-Construction Conference Principal Engineer 2 $95.00 $190.00 Project Engineer 2 $80.00 $160.00 20 Respond to Bid Inquiries Principal Engineer 2 $95.00 $190.00 Proj ect Engineer 8 $80.00 $640.00 21 Construction Staking Principal Engineer 2 $95.00 $190.00 Project Engineer 6 $80.00 $480.00 22 Respond to Construction Inquiries Principal Engineer 2 $95.00 $190.00 Project Engineer 8 $80.00 $640.00 Total: $9,005.00 Form W-9 (Rev. January 2003) Department of the Treasury Intemal Reverue Service N Name Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. g, '" a. l: o !.g 1;"- ...lS oS C:"' .- c Q:"U .... 'u .. a. III Q) Q) CIl i/Jorn O Individuall Check appropriate box: Sole proprietor Itl' Corporation Tax a er Identification Number (TIN) c, O Exempt from backup withholding Requester's name and address (optionaO o Partnership 0 Other ~ ._u_u__._..__u_ I Social security number I I + I + I Enter your TIN in the appropriate box. For individuals. this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities. it is your employer identification number (EIN). If you do not have a number. see How to get a TIN on page 3. Note: If the account is in more than one name. see the chart on page 4 for guidelines on whose number to enter. Certification 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. person (including a U.S. resident alien). CertiflC8tion 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.) Sign Here Signature of U.S. person ~ 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 (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 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). or Date ~ -~3 -'2e;o7 Nonresident 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. 2. 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. Cat. No. 10231 X Form W-9 (Rev. 1-2003) CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this 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, and (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. -L (4) Labor or services are performed only pursuant to written contracts. ---.L(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. ~jJ~- Contractor 1-L.. 3 '-07 Date CITY RECORDER'S COpy Page 1 / 1 ~~, CITY OF ASHLAND 20 E MAIN ST ASHLAND, OR 97520 (541) 488-5300 r'~~)1~~~~07'''~ , VENDOR: 003753 THORNTON, ENGINEERING, INC 1236 DISK DRIVE SUITE 1 MEDFORD, OR 97501 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Depl: PUBLIC WORKS Contact: Paula Brown Confirming? No ,lIi! '~8 b'Qit~ 1>""~.~",1Il . ...ilii ....;J;, ~h::~t b l!:.DescrltltlcJO. .., ..~,ill!., 4t",c;tl;~. 6,O.i1l(Prii:~"' "",E~t?PriCe ~ . EnQineerinQ Services for the 2006 9,005.00 Miscellaneous Concrete Project for various locations throuQhout Ashland. RFP Date of aQreement: 04/19/2007 SUBTOTAL 9 005.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST . FREIGHT 0.00 541-552-2028 TOTAL 9,005.00 ASHLAND, OR 97520 AccoU'nt~um~~ ..~ "~r9jectWlllri6er ."" AmQl.lnt ... Acdount~ijril~r 'R"'6re~tiN",rribEir:i\ ;rr:!..AmQul'it ~ '" E 260.08.12.00.70420( 200634.100 9,005.00 AU ..:4.- V7/' _ VENDOR COPY CITY OF ASHLAND PROJECT ACCOUNTING WORKSHEET PROJECT NUMBER (YEAR XX) PROJECT TITLE PROJECT DESCRIPTION Department Project Manager Department Head BUDGET INFORMATION Identify fiscal year I potential splits Identify Funding Codes and Funding Code names DESIGN .100 Engineer Name PO COST Change Orders 1 2 3 4 CONSTRUCTION .120 contractor name PO budget estimate bid I contract total changes total $ CONSTRUCTION MANAGEMENT .150 engineer name PO budget estimate bid I contract total changes total PERMIT COSTS (Building Dept) .170 budget estimate final costs 2006341 12006 MISCELLANEOUS CONCRETE CONSTRUCTION PROJECT The scope of this project will indude the engineering and construction for several concrete projects. Public Works - Water Supply Jim Olson Karl Johnson Paula Brown I FY07 I FY08 260.08.12.00.704200 - 100% Street Fund Thornton Engineering Pending $ 9.005.00 $ 9,005.00 ~al' G:Pub-wrksJeng/dept-admin/engineer/project/06-34 Misc Concrete Proj Acct Worksheet.xls CITY OF A.SHLAND REQUISITION No. PW - FY 2007 Department Public Works Department Vendor THORNTON ENGINEERING 1236 DISK DRIVE STE I MEDFORD OR 97504 Account No. 260.08.12.00.704200 Date May 5, 2007 Requested Delivery Date ASAP Deliver To Paula Brown Via Dawn Lamb 100% Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. Engineering Services for the 2006 Miscellaneous $ 9,005.00 Concrete Project for various locations throughout Ashland. TOTAL $ - $ 9,005.00 for Kari: BID IRFP I EXEMPT: RFP Contract Start Date: April 19,2007 Contract Completion Date: Insurance on file: I YES J NO Proiect No: 200634 Job No. Unit No. ent Head or Authorized Person Issued By Date Received By r~'