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~'