HomeMy WebLinkAbout2008-059 Contract - Thornton Engineering
CONTRACT FOR PERSONAL SERVICES
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: Thornton Engineering, Inc.
CONTACT: Michael P. Thornton, President
ADDRESS: POBox 476, 260 N Third Street
Jacksonville, Oregon 97530
TELEPHONE: (541) 899-1489
DATE AGREEMENT PREPARED: 03/26/2008
BEGINNING DATE: 04114/2008
COMPENSATION: Not to exceed $36,030.00
SERVICES TO BE PROVIDED: Engineering design and construction support services for the Liberty Street
Local Improvement Project No. 2004-21 (see attached scope of services, Exhibit B and Exhibit C
ADDITIONAL TERMS:
FAX: (541) 899-3419
COMPLETION DATE: 08/30/2009
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract
be prematurely terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $17,342 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 notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, 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 losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
Contract for Personal Services, 03/24/2008, Page 1 of 9
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. 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.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purChase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliaation/liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification: However, upon receiving a notice of termination (regardless whether such notice is
given. pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant 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 Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responSible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professionalliabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000.000. $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. Generalliabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000.000. $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile liabilitv insurance with a combined single limit, or the eQuivalent, of not less than Enter one:
Contract for Personal Services, 03/24/2008, Page 2 of 9
$200.000. $500.000. S1.ooo.oo0. or Not Applicable for each accident for Bodily Injury and Property Damage.
including coverage for owned, hired or non-owned vehicles. as applicable.
e. Notice of cancellation or chanae. There shall be no cancellation. material change. reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. AdditionallnsuredlCertificates of Insurance. Consultant shall name The City of Ashland, Oregon. and its
elected officials. offICers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract. the Consultant shall furnish acceptable insurance certificates prior to commencing work
under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies
or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust
agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent
deductibles. self-insured retentions and/or self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim. action. suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant 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. Consultant, 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.
16. 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.
CONSULTANT. 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.
17. Nonapproprlatlons Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. 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 Consultant, with no further
liability to Consultant.
Certification. Consultant shall si n the certification attached hereto as Exhibit A and herein incor orated b reference.
CONSULTANT ~ CITY OF ASHLAND:
BY il/1A~ I'
r1 ( c.#~~a~ -=-"tft)'(hITCY{
Print Name
BY
FederallD#
q3-l~oq5lcr
TITLE _~(.'V~ T
DATE
DATE .3 - 'bt-o <g
ACCOUNT #
.Completed W9 form must be submitted with contract
(For City purposes only)
PURCHASE ORDER # & g;:2 ~. I
Contract for Personal Services. 03124/2008, Page 3 of 9
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
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(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
/y/~I' ~
Contractor
?-2?~o'6
(Date)
Contract for Personal Services, 03/24/2008, Page 4 of 9
EXHIBIT B
Scope and Cost of Services
LmERTY STREET IMPROVEMENTS
CITY OF ASHLAND, OREGON
ITEM ACTIVITY
Schematic Design
1 Topographic and Boundary Survey
2 Civil Sitework Field and Record Research
2/2912008
CONSULTANT
Subcontract with Polaris Surveying
Thornton Engineering (TE) - Included
3 Attend Planning and Design Meetings (3 Meetings)
TE - Included
Design DevelopmenVConstruction Documents
4 On Site Storm Drainage Design
TE - Included
5 On Site Street Design Plan & Profile
TE - Included
6 All Pavement Section Design
TE - Included
7 Erosion & Sediment Control Plan
TE - Included
8 DEQ Application - 1200C
Not Included
9 Respond to Agency Revisions, Redlines and Requests
TE - Included
10 Prepare Final Plans
TE - Included
11 Civil Engineering Coordination and Administration
TE - Included
Construction
12 Permits
Not Included
13 Civil Sitework Engineer's Const. Cost EstimatelBid Schedule
14 Attend Pre-Construction Conference
TE - Included
TE - Included
15 Respond to Bid Inquiries
TE - Included
16 Respond to Construction Inquiries
TE - Included
17 Construction Observation
Owner's Representative - Not Included
18 On Site Record Drawings
TE - Included
FIXED FEE TOTAL: 536.030.00
\\Server\data\PROPOSAL \Municipal\Ashland\Liberty Street Improvements 2008\Standard scope and cost.xls
Reimbursable Expenses Schedule
EXHIBIT C
THORNTON ENGINEERING, INC
FEE SCHEDULE
January I, 2008
Costs for reimbursable expenses are:
"II x 17" Copies
Blueprint Copies
Mylars
Other Reimbursables
Standard Hourly Rates Schedule
$.20/page
$1.50/each
$7.00/each
Cost
Rates for services perfonned outside the scope of services and on an hourly basis are:
Principal Engineer
Senior Engineer
Project Engineer
Engineering Tech IV
Engineering Technician III
Engineering Technician II
Engineering Coordinator
Support Staff
Legal Testimony & Preparation
$IOSlhour
$9Slhour
$8.Slhour
$801hour
$7Slhour
$6Slhour
$4Slhour
$4Slhour
$ISOlhour
Paaelofl
(Exbibit B - AmeodmeDt to Owner-EngIDeer Aareemeut)
EJCDC E-SOO Standard Form of Aareemeut Between Owner aad EngIDeer for Professiooa1 ServIces. (ModUled Version)
Copyriabt 0200Z NlItionaI SocIety of Professiooal EJIIIoeen for EJCDC. AU rIgbts reserved.
Fonn W-g
(R..... 0dIaber 2007)
~.rT!nont ollllo Tr....-;
InttfrM Rf!'Yef'Ut ~V1(;~
Request for Taxpayer
Identification Number and Certification
Qtve form to the
..quest.,. Do not
send to the IRa.
*- (M ehown an YQI i'K:cme .. retl.m)
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o Iinllled IIII:liIly <:ornr*lY. EnI8r the lU dM8illcation (O-cIIer.,cl8d 8I\lIty. C-corporatIan. ~1hIp) .. _ _ _ _ _ _ _
o Other (... ,nefUCticnlj ~
Addr_~, ...... and apt. or.... no~
CIty. ...... and ZF coda
LIM account runberlellMra (cplIoneO
Identification Number
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RaqueMar'.....a and 8ddr_ (opIiorwl)
Enter you' TIN in tile appropriate box. The TIN provided must match the name given CIl Une 1 to avoid
backup withholclng. For Individuala, this is your social security runber (SSN). However, for a resident
allen, sole proprietor. or daregarded entity, _ the Part I InatructiCll8 CIl page 3. For other entities, It is
your employer identfficatlCll number (EIN). If you do not have a runber, ..eHow to get a TIN on page 3
Note. If the account is in more than CIle neme, see the chart on page 4 for guidelines on whose
number to enter.
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or
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___9~!~tlOfL______ .._____~~~__~_____ . _ ... .. ___________ __________~___________________
Under p-'tles of perjury, I certify that:
1 The runber shown on this form il my correct taxpayer identification number (or I am waiting for a number to be issued to me). and
2. I em not lIIbject to backup wlthholdng becauae: (a) I am exempt from backup withholding. or (b) I have not been noti1led by the Internal
Revenue ServIce (IRS) that I am lIIbject to backup withholding al a r8".lIt of a failure to report all Interest or dvidends. or (C) th8 IRS hal
notlfled me that I am no longer Sltlject to backup withho/dng. and
3 I em a U.S. cltlzen or other U.S. person (dellned below).
Certification Jrmructlone. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding becaule you have filled to report .. Interest II1d dividends on your tax return. For real estate transactions. Item 2 does not apply.
For mortgage Interest paid. aoqlisition or abandonment of lecured property, cancellatlCll of debt. contrIbutlCIlS to an Individual retirement
arrangement (I~, and generally. payment. other than interest and clvidend8, you are not required to sign the Certification. but you must
provide your correct TIN. See the instructions on page ~
~~ I ':Jr':::::~r7M j!P /2 ~ Data~ ? -27 -o2{
.,
General Instructions
Section references are to the Int8l'nal Revenue COOe unless
otherwise noted.
Purpose of Form
A person who Is requi'ed to file an information return with the
IRS rrost obtain YOl.l' correct taxpay8l' identification numb8l' (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
Use Form W-9 only if you are a U.S. person (Including a
resident alien), to prOYlde your correct TIN to the person
requesting It (the requestlill') and, when applicable. to:
1. Certify that the TIN you are giving Is correct (a you are
waiting for a number to be issued).
2. Certify thai you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, YOl.l' allocable share of any partnership income from
aU. S. trade or busll'l8Sll Is not subject to the withholding tax on
foreign partn<<s' share of effectively connected Income.
N*- If a requester gives you a form other than Form W-9 to
request YOl.l' TIN. you rrust use the requester's form if it is
substantially similar to this Form W-9.
Deftnlllon of a U.8. person. For federal tax purposes. you are
consld8l'ed a U.S. p8l'son If you are:
. An individual who is a U.S. citizen or U.S. resident alien,
. A partnership, corporation. company. or association created or
organized in the United states or under the laws of the United
states,
8 An estate (other than a foreign estate). or
. A domestic trust (as defined In Regulations section
301.7701-7).
SpecI8I rules for ,.mershIps. Partnerships that conduct a
trade or business in the United states are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further. In certain cases where a Form W-9
has not been received. a partnership is required to presume that
a partner Is a foreign person, and pay the withholding tax.
Therefore, If you are a U.S. person that is a partner in a
partn8l'shlp conducting a trade or business In the United states,
prOYlde Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share d partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing Its U.S. status and avoiding withholding
on Its allocable share of net Income from the partnership
conducting a trade or business in the United states is In the
following cases:
. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W-9 (Rav. 10-2007)
Contract for Personal Services. 03124/2008, Page 5 of 9
Farm W-tlRw. 1G-2007)
P80e2
. The U.S. gantor or ath<< owner d a grantor trust and not the
trust, and
. The U.S. trust (ather than a granta trust) and not the
beneficiaries of the trust.
FONIgn persan. If you .e a foreign person, do not use Fam
W-9. Instead, use the appropriate Fam W-S (lI88 Publication
515, Withholding of Tax on Nornsldent Aliens and Forlllgn
Entlles).
N.......... .... who becomM . ruIdenI...... Generally,
only a no,.,.ldent alien individual may UN the terma of a tax
treaty to reduce a elrrinat. U.S. tax on certain types of Income.
However, most tax treat_ contain a provision known as a
"saving cIauM." exceptions specified In the saving clause may
perrrit an ex8fl1)t1on from tax to continue fa certain types of
Incoma wen after the pay.. has atherwlse become a U.S.
r..dent alien for tax p"p088S.
If you are a U.S. reslctent alien who Is relying on an exception
contained In the S8\1lng clause d a tax treaty to claim an
exelT1rtlon from U.S. tax on certain types of Income, you rTUIt
attach a statement to Fam W-9 that specifies the folkMlng fIVe
Items:
1. The treaty country. Generatj, this must be the same treaty
under which you claimed exefYl)tlon from tax as a no,.,esldent
alien.
2. The treaty article addressing the Income.
3. The article number (a location) in the tax treaty that
contains the saving clause and Its exceptions.
4. The type and amount of Income that qualifies fa the
exelT1rtlon from tax.
5. sumclent facts to justify the exemption from tax under the
terms of the treaty article.
ExampI& Article 20 d the U.S.-China Income tax treaty allows
an exefYl)tlon from tax fa scholarship Income received by a
Chlnese student temper.11y present In the United States. Under
U.S. law, this student will become a resident alien for tax
purposes If his or h<< stay In the United States exceeds 5
calend. years. However, paragraph 2 of the fir. Protocol to the
U.S.-Chlna treaty (dated April 30, 1984) allows the provisions d
Article 20 to continue to apply even after the Chinese student
becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragaph 2 of
the first protoco~ and is relying on this exception to claim an
exefYl)tlon from tax on his or her scholarship a fellowship
Income would attach to Fam W-9 a statement that Includes the
Inforrretlon d8lla'lbed above to suppat that exemption.
If you are a l1OI'Iesldent alien a a foreign entity not subject to
backup withholding, give the requester the appropriate
compl8led Form W-8.
What Is beckup wI1IlhoIdlntr7 Persons maklng certain payments
to you must under certain conditions wlthholcl and pay to the
IRS 2S% of such payments. This Is called "backup withholding."
Payments that mey be subject to backup withholding Include
Interest. tax-ex8fl1Jllnterest, dividends, brok<< and barter
exchange transactions, rents, royalties, nonefYl)loy.. pay, and
certaln payments from fishing boat operators. Real estate
transactions .e not subject to backup withholding.
You will not be subject to backup wlthholcllng on payments
you receive If you give the requester yo" correct llN. make the
proper certifications, and report an your taxable Interell and
dividends on yo" tax rel"n.
P8ynw1I. you ,.ceIve wi' be aublect to beckup
....II.....ng If:
1. You do not f"nlsh your llN to the requester,
2. You do not certify your llN when required (lI88 the Part II
Instructions on page 3 for details),
3. The IRS tells the requester that you furnished an Incarect
llN,
Contract for Personal Services. 03124/2008, Page 6 of 9
4. The IRS tels you that you are subject to backup
withholding because you did not r.pat all your Interell and
dlvlclends on your tax rel"n (fa repa1able Interest and
dividends onIy~ a
S. You do not certify to the requester thai you .e not subject
to backup withholding under 4 abeNe ('for reportable interest and
dIVidend accounts opened after 1983 only).
Certail payees and payments ant exempt from backup
withholding. See the instructions below and the se~ate
Instructions for the Requester of Form W-9.
Also sea SpecIf// flJl8s for pwtnershIps on page 1.
Penaru..
F..... liD turnIIh nN. If you faU to f"n1sh YO" carect llN to a
requester, you are subject to a penalty of $50 fa each such
falU. unless your fall"e Is due to reasonable cause and not to
wilful neglect.
av. .......- tar..... IIntorm8IIon willa .....c:t to
WIIh.'loIlIng. If you make a falae statement with no reasonable
b881s that results In no backup withholding, you are IUbject to a
$500 penalty.
crtrnnII ......., for taI~no Infotmllllon. Willfully falsifying
certifications a afffrretlons may subject you to crlrrinal
penalties Including fines and/or Imprisonment.
MIsuM of T1NL If the requester dlscloaes or uses llNs In
violation d federal law, the requester may be subject to civil and
criminal penaltl..
Specific Instructions
Name
If you era an individual, you must generally enter the name
shown on yo" IncolTl8 tax rel"n. However, if you have changed
your last name, for Instance, due to nwriage without Infamlng
the Soclllll Sec,,1ty Administration of the nalTl8 change, enter
your first name, the last name shown on yoII' social S8C"ity
c.d, and your nft last name.
If the account Is In joint names, list first, and then circle, the .
name d the person or entity whose number you entered In Part I
d the form. .
Sole propttetor. Enter your Individual name as shown on yo"
Income tax rel"n on the "Name" line. You may enter your
buelneas, trade, or "doing business as (DBA)" name on the
"Business name" line.
~ IIabIIty CClIIIp8IIJ (lLq. Check the "Urrited IlabHIty
company" box only and enter the appropriate code fa the tax
classification ("0- fa disregarded entity, "C. fa caporatlon, "P"
fa partnership) In the space provided.
For a single-member LLC (Including a faelgn LLC with.
domestic owner) that Is disregarded as an entity separate from
Its owner under Regulations section 301.7701-3, enter the
owner's name on the "Name" line. Enter the LLC's name on the
"Business name" line.
For an LLC classified as a partnership a a corporation, enter
the LLC's name on the "Name" line and any busl".., trade, or
DBA name on the "Business name" line.
oa.. ......... Enter yo" business name as Shown on required
federal tax documents on the "Name" line. This name shoulcl
match the name shown on the charter or ather legal document
creating the entity. You may enter any business, trade, or DBA
name on the "Busln.. name" Mnt.
Nota. You are requested to check the appropriate box fa your
status (IndlVlduaVsoIe proprietor, corporation, etc.).
Exempt Payee
If you .e exefYl)t from backup wlthholcllng. enter your name as
described abeNe and check the appropriate box for your status.
then check the "Exempt pay.." box In the line following the
business name, sign and date the fam
FCIIm W-8 ,..,. 10-3107)
Generdy. lndlvldl.8ls (Includlrll 80Ie proprletcnj ..e not exen1Jl
from beCkup wlthhold~. corporations are ex.-npt from backup
wlthholdlrll for certain payments, such as Interest and dividends.
Note. If you ..e exen1Jl from backup withholding. you should
st. c:or'f1)Iete this form to avoid possible erroneous badwp
wlthholdlrll.
The following payees are exen1Jl from backup withholding:
1. All organization ex.-npt from tax under 8lICtlon 501(a). any
IRA. or a custodial account LI1d8r Mdlon 403(b)(7) If the account
lIlltlsfles the requtements ~ section 401 (Y)(2).
2. ~ United stat.. or any of Is agencies or
Instrumentalllllls.
3. A stete. the Dislrlct of Columbia. a possession of the United
states, or any ~ ttlei' political subdivisions or Instrumentalities.
4. A foreign government a any of Its political subdlvi81ons.
agencies. or instrumentalities. or
5. All International organIZation a any of Its agencies or
instrumentalities.
other pay... thai may be 8lCempt from backup withholding
Include:
6. A corpaatlon.
7. A faelgn central bank of Issue.
8. A dealer In 8lICurltles or cOl'TY11Odltles required to register In
the United states. the District of Columbia, or a pollS88Slon of
the United States.
9. A futures corrmlsslon merchant registered with the
Commodity Futures Trading Corrmlsslon.
10. A real estate investment trust.
11. An entity registered at all times during the tax year under
the Investment Company Act ~ 1940.
12. A common trust fund operated by a bank under section
584(a).
13. A financial Institution,
14. A middleman known In the Investment community as a
nominee or custodian, or
15. A trust eXerTl>t from tax under section 664 or described In
section 4947.
The chart below shows typea of payrrents that may be
exerJl)t from backup withholding. The chart applies to the
exerJl)t pay.. listed above, 1 through 16.
IF the pe~ent II for . . . THIN the peyment 'I GMnpt
for . ..
Interest and clvldend paymente All eXllTlpt pay_ exctpt
forI!
Broker tnlnsactlona ExllTlpt pay_ 1 through 13.
A11O. I PerIOn regleterld undlr
the Inveetment Ad....... IvJl of
11140 who regularly am u a
broker
Exempt paV- 1 IIYough 5
Barter exchange trwIsactlonl
and patronage cIvldendl
Payments over seoo reqlked
to be reported and clrect
..... over $5.000 '
Generally. Ipmpt pav-
1throu~7
'8M Form 1088-Ml8C. ~ ___. -.d IlIt Irwtructont.
'..."".... fllICMIng~.. made to. carJ-.otJ....IIncludlng._
prOCMda pM! tD 1ft IIItCllMl' under eac:tl... 8041Cl1. ""1ft If .. IIItDrnay ia .
-poralklnl -.d rlpCltltll. on Form 1018-M8C .. net tDlaqlt fIan
blIc1cup wIlhhaIcIng: nMdICaI and "--' __ ~m", ~' t.a, -.d
paym_ b..,,;c:aa pM! ~ .,..... .......... agency.
Contract for Personal Services, 03124/2008, Page 7 of 9
Page 3
Part I. Taxpayer Identification
Number (TIN)
EnIer ,.. 11N ~ .. .......... bClx.i!iou are a resident
alien and you do not have and ..e not e to get an SSN.
your T1N Is yru IRS indlvldl.8l taxpayer ntiflcatlon nurrber
(1T1N). Enter II In the llOClal securlly nurmer box. If you do nat
have an mN. see How to get . T1N below.
If you are a llOIe proprl8ta and you have an EIN. you may
enter either yOU' SSN a EIN. However. the IRS prefers that you
use yOU' SSN.
If you are a slngla-mermer LLC thet is dlsreg8'ded as an
entity sapcnte from lis owner (sea UmIled labIIty compeny
/llC) on page 2), enter the OWI'1ll"S SSN (a EIN. it the owner
has one). Do not enter the dl.egarded enttty's EIN. If the LLC Is
cla8IlIed . a caporatlon or partnership. enter the entlty's EIN.
Nola. 5.. the chart on page 4 for further clarification ~ name
and T1N COI'I'"blnatlons.
How to .... . nN. If you do not h8Ve a T1N. apply for one
In'r118dlataly. To apply for an 58N, get Fam 58-6, Application
for a Social Security Card. from yru local Social Security
Administration office or get this form onUne at www.ssa.gov. You
may also get this form by calling 1-800-772-1213. Use Fam
W-7. Application fa IRS Individual Taxpayer Identification
Nurrber. to apply fa an IT1N. or Form 58-4. AppUcation for
Emplover Identification Number, to apply fa an EIN. You can
apply for an EIN online by accessing the IRS webslte at
www.lll.gov/buainesa8s and clicking on ErJl)~ Identification
Number (EIN) under starting a Buslne.. You can get Farns W-7
and 58-4 from the IRS by visiting www.lrs.gov a by calling
1-800- TAX-FORM (1-800-829-3878).
If you ..e asked to complete Form W-9 but do not have a T1N,
write "Applied Fa" In the space for the T1N. sign and date the
form, and give It to the requester. For interest and dividend
payments, and certain payments made with respect to readily
tradable Instruments. generally you will have 60 days to get a
TIN and give It to the requester before you are subject to backup
withholding on payments. The 6O-day rule does not apply to
other types ~ payments. Yo\! will be subject to backup
withholding on all such payments until you provide your TIN to
the request....
Nola. Entering "Applied For" means that you have ateady
applied for a T1N a that you Intend to apply fa one soon.
CadIon: A dlS1'8{JlllTJed domestic entity that has a Ibl'8lgn owner
must UN the epproprlate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person,
or reside'" alien. sign Form W-9. You may be requested to sign
by the withholding agent even If Items 1, 4. and 5 below Indicate
otherwise.
Fa a joint account, only the person whose T1N Is shown In
Part I should sign (when requted). Exempt pay..., see Exempt
Pa)"88 on page 2.
tllglllltuN req......nts. COrJl)lete the certification as Indicated
In 1 through 5 below.
1. ........... dividend, and b8rtar ach8nga aocounIs
opened ba,.. 1.. and broIrM' aocounIs oonaIdered aaIIve
during 1183. You ITIJSt give yOU' correct TIN, but you do not
have to IIgn the certification.
2. ........ cIIvIMnd, tIrclUr, and b8rIer exchlmge
acccIUIIIs opened ...... 1883 and "oUr accounts CGl...........
....... cUIng 1113. You ITIJSt sign the certification or backup
withholding win apply. If you are subject to backup withholding
and you ..e merely providing yOU' cared TIN to the requester.
you ITIJSt cross out Item 2 In the certlflcallon befae signing the
form.
Form W-I "... 10-2(07)
3. RuI ...... ........... You mJSt sign the certification.
You rrey cross out Item 2 cl the oertlflcallon.
4. 0IIw .......... You ITI.Ist give yoII' eared TIN. but you
do not have to sign the C<<tlflcatlon unln8 you have been
nottlled that you have pr8V~ given an IncomIc:t TIN. "Other
paylTlll'1ts" Include payments rrede In the COlI'88 of the
reqUlllt.'s trade or business for rents. royalt.... goods (ottl8'
than bills for merchandls). medical and health care .-vices
(including payments to corporations), payments to a
none~1oyee for .-vices, payments to certain fishing bo8t crfIN
members and fishermen. and gross proceeds paid to attorneys
(Including payments to corporations).
6. Mortgege InIM'Mt INIId by,...., ecquIsIIon or
ab8IldoIlIIMId of .-a.nd 11I'OI*I1, CInOeIIlIIIJIn of .....
qUlllled tuIIon ........ ......... (under .-eIIon &2IIt. IRA,
CoverdeI EM, Archer .-A or HBA contrIbuIIons or
cIIsIrIbuIIonIl ... pensIan ~ You mJSt give YOll'
correct TIN. but you do not have to sign the certification.
What Name Md Number To Give the Requeeter
For" .... of-.m:
1. ~lvlc""
2. T_ or mar. ~1d..1e QaInI
.~
3. CueladIan.ClCCIW1t at . minor
(I..Wform QIIt to ~. Act)
4. .. The...... r..oceble _.
trwt (grantor Ie ..... trwtee)
b. ~cdecl1rUlt -n 1Iwl1e
nat . IegII or v"d 1rUlt under
~Iaw
5. 8de praprletallhlp or......ded
entlIy. owned by an Indlvldu.!
For" .... of -.m:
e. Dieregarded entlIy not 0MlecI by ..
Inclvldull
7. A veld 1Nel. ....... or paMian _
8. Ccxpcn" or LLC Ilectlng
capor.. etatue en Form 8832
O. AModa1Ian. club. rIlIgI_.
charItIIble, ed~, or cllher
tax.....empt organlzlltlon
10. Par1Nr1lip 01 muIlI-member LLC
11. A brak. or reg;.terecl namlnee
12. Account with the 0epIr1m1llt at
Agrlcultw. In the 1WIl. at . plllIc
entlIy (luch .. . ~ or local
govammlllt, adlooI dIelrIct, or
pr!eort 1Iwl recllYM agrIculVll
proeram paymerU
QIw _ end 8M .t
The ~lvldlal
The .c:laMI _ at ... IIC-.nt 01.
If ccmbinld fur*, the ftrat
Indlvlcaal en ... ac-.nt '
'The minor ,
'The grantor-1r"'. '
'The .c:laMI _ '
'The _'
QIw _ end EIN of:
'The __
Legal entlIy .
'The -.-allan
'The orpnlzallen
'The part-.hlp
'The braker or .-.Inee
'The pIJIc IIltIty
list flm .,d circle the n~. of !he peDal whoM oomber you n..nllh If cnly one pel'scn
"" . ,ant aceO<Jl'l' h.. on SSN. that pol'SQ'l" """"'" mUOl be !\Jr,...hed
'orcte h mInor'. nlmt and ur....,., lhemtnCf'" SSN
ayou muat IhCM ya;r inavu:'" rwne and yClJ may aIIIo .ntet your buanea or "DBA"
nemo "" tho _end nome kIlO You moy u. ..!her yw S8N 0< EIN t~ you hove 0fW)
bJt "'" IllS onC<lUrag.. yaJ 10...... yaJr SSN
. u.t ~rst ond drell 111. nom. 01 "'" ~UOl, .Sl-.. 0< ponliOn ~UOl (Do nOlIlJ"...n "'" TIN
<:i "'" pol'scnol ......._...... " ....- unlea. "'" legal onUty ,_ i. not dnlgwted in
tho aceount tine) IlilIO _ 5_101 N'" for ~ en poge 1
Moe.. If no name Is circled when mare than one name Is listed.
the number wlH be considered to be that of the ftrst name listed.
Page 4
Secure Your Tax Records from Identity Then
identity theft occurs when someone uses YOll' personal
Informlllon such as yolI' name, social 98ClI'1ty nurrber (SSN). or
~hIr identifying infarlTlltion, without yoII' permission. to commit
fraud or other crimes. An identity thief may use yolI' SSN to get
a job or may file a tax retll'n using yoll' SSN to receive a refund.
To reduce yoll' risk:
. Protect YOlI' SSN.
. En1U1'8 yoll' efYllloyer Is protecting yoII' SSN. and
. Be careful whirl choosing a tax prepll'er.
Can the IRS at 1-800-829-1040 If you think yoll' identity has
been ueId inappropriately for tax purpoeae.
V1d1ms of identity theft who ..e experiencing ecanonic harm
or a system problem. or are seeking help in r890lvlng tax
probleme that have no! been resolved ttrough norrrel channels,
rrey be eligible for Taxpayer Advocate Snlce (TAS) assistance.
You can reach TAS by caNing the TAS toll-fr.. case Intake line
at 1-877-777-4778 or TTYITOO 1-800-829-4059.
PnMcl yowMIt from -1SIIIcIous ...... or pIlIsI*Ig
sdIamas. Phlshlng Is the crMlIon and use of errell and
websltes designed to mimic Iegltlrrete business errslls and
websltas. The most common act Is sending an ernell to a user
fal8ely claiming to be an established Iegltlrrete enterprise In an
attefYllt to scam the user Into surrendering private Inforrrstlon
that will be used for identity theft.
The IRS does not initiate contacts with taxpay.s via errells.
Also, the IRS does not request personal detailed Infarretlon
ttrough amBIl or ask taxpayers for the PIN nunilers. passwords.
or similar secret access Information for their credit card. bank, or
other financial accounts.
If you receive an unsolicited emell claiming to be from the IRS,
farwwd this message to phishIngOlrs.gov. You rrey also repat
misuse of the IRS name, logo, or other IRS personal property to
the Treasury Inspector General for Tax Administration at
1-800-366-4484. You can forw..d suspicious errells to the
Federal Trade Convnlssion at: spemOuce.gov or contact them at
www.consumer.govlldtheft a 1-877-IDTHEFT(438-4338).
Visit the IRS webslte at www.irs.gov to learn more about
identity theft and how to reduce yoII' risk.
Privacy Act Notice
8ectIon el00 at the InWNI Rev.... Code ,...,. ycu 10 provi. YfNI carract TN 10 peNcna who muat .. Informallan relurNl wIlh ... IR8 to report I.......
dlvldanda, Ind certah cllher Inccm. pIId to YOU. rncr1lIaae IntIIwt ycu paIcI. the acquleltlcn or at.wlcnment at -.cI property. ~"aIIon at debt. or
coMlbull_ ycu m.. to an flA, or NcMt MIA cr H8A. 'The IR8 _ .. numbere for IclallIIIlc:alkHl ~ and to hIlp verlfy .. _ecy at YOlI !ilK r.un.
The IR8 may lIeD protld. lhIo InformdCln to .. Oeperlmwil CJI..wt1ce fDr cMllnd c:rIrNMI ~. and to c:Illeo. ....... ... OIelrIct at CclUnbla, and u.s.
poeMIIi- to """ out their tax .... W. may lIeD dIecI_" InIomltIlIcn 10 cllher c-*lee under . tax 1rHly. \10 fW... and ..... ..-IM \10 W1bce federal
-- crimInII Ie_ or 10 fW... IIIw enforcMIlIlt Ind i.....~ 1llI-.cI. to ccmbat _roriIm.
Ycu muat prcwld. yew TN whalhar or nat you .. reqlired 10 lie . !ilK '....n. ~~ muat ~Iy wilhhold 28" at lIucatll. interwt, dividend, end __n cllher
ptIyfII'" \10. pay.. who cIoN nat give. TN to. ~.. c.tIiIn perIIIttIM may ~ apply.
Contract for Personal Services. 03/24/2008. Page 8 of 9
CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulatlllg
payment of a living wage
I!IDP- hour effective June 30, 2007
~A'
(Iner..... .nnu.lly .very Jun. 30 by the
Consum.r Prle. Ind.x)
Employees must be paid a
living wage:
portion of business of their cafeteria plans (including
employer, if the employer has childcare) benefits to the
ten or more employees, and amount of wages received by
has received financial the employee.
~ For all hours worked under a assistance for the project or
business from the City of ~ Note: "Employee" does not
service contract between their Ashland in excess of $17,342. include temporary or part-time
employer and the City of employees hired for less than
Ashland if the contract ~ If their employer is the City of 1040 hours in any twelve-
exceeds $17,342 or more. Ashland including the Parks month period. For more
~ For all hours worked in a and Recreation Department. details on applicability of this
policy, please see Ashland
month if the employee spends ~ In calculating the living wage, Municipal Code Section
50% or more of the employers may add the value 3.12.020.
employee's time in that month of health care, retirement,
working on a project or 401 K and IRS eligible
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
Contract for Personal Services, 03/24/2008, Page 9 of 9
: ~TY RECORDER
Page 1 / 1
r.,
C I T Y ,0 F
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
I I
DATE
4/23/2008
P,O NUMBER
08251
VENDOR: 003753
THORNTON ENGINEERING, INC
PO BOX 476
JACKSONVillE, OR 97530-0476
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB P,oint:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Jim Olson
Confirming? No
>.l:J.tlit / ......: ..... P.$<;dsrtlon . Urilt'PtiC$
EnQineerinQ desiQn and construction 36,030.00
support services for the Liberty Street
local Improvement Project No. 2004-21
(See attached scope of services,
Exhibit B and Exhibit C)
.
SUBTOTAL 36.030.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 36,030.00
ASHLAND, OR 97520
> \: .......Pi'C).ktct!.~..r .. AmoUnt AcCoootNulTlller I.... PtQjeet"'~...m"r AmPunt
...
E 260.08.35.00.70420 E 200421 .1 00 6 485.40
E 260.08.41 .00.70420 E 200421 1 00 29 544.60
(/
~ ~anat:~~
VENDOR COPY
CITY OF
ASHLAND
REQUISITION
No. PW - FY 2008
Department PUBLIC WORKS
Vendor Thornton Engineering, Inc.
POBox 476, 260 N Third St
Jacksonville OR 97530
Account No. 260.08.35.00.704200 (SDC)
260.08.41.00.704200 (LID)
Date April 3, 2008
Requested Delivery Date ASAP
Deliver To James Olson
Via
18% (* Note: Please allow approximately two(2) weeks for delivery on items not
82% generally caried in stored, and approximately two (2) months on printing jobs.)
Item No. Quantity Unit Description Use ofPurchasiDll Office Onlv
Unit Price Total Price PO No.
Liberty Street LID design $ 36,030.00
for Karl:
BID /RFP / EXEMPT: RFP
Contract Start Date: NA
Contract Completion Date: NA
Insurance on file: IYES INO ~~(. I eft-eJ
Proiect No: _ 299393.18 --- ~ tfl-t
Job No.
Un i t No. I hereby certify that the above items are necessary for the operation
,,""'-""-- ==== _ JkL
? ~A_-'
Issued By
Date Received By
~A'
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-21 Thornton Requisition 4 08.xls
CITY OF
ASHLAND
PROJECT ACCOUNTING WORKSHEET
PROJECT NUMBER (YEAR XX)
PROJECT TITLE
200421l
ILlBERTY STREET LID DESIGN
PROJECT DESCRIPTION
Design services for the Liberty Street Local Improvement District
Department
Project Manager
Department Head
Public Works - Engineering
James H. Olson
James H. Olson
BUDGET INFORMATION
Identify fiscal year I potential splits I FY08
Identify Funding Codes
260.08.35.00.704200
260.08.41.00.704200
18% SDC
82% LID
and Funding Code names
DESIGN .100
Engineer Name
PO
COST
Change Orders 1
2
3
4
Thornton Engineering
Pending
$ 36.030.00
$
36,030.00
CONSTRUCTION .120
contractor name
PO
budget estimate
bid I contract total
changes
total $
CONSTRUCTION .120
contractor name
PO
budget estimate
bid I contract total '
changes
total $
PERMIT COSTS (Building Dept) .170
budget estimate
final costs
Miscellaneous Costs:
~~,
G:Pub-wrks/eng/dept-admin/engineer/projecV04-21 Proj Acct Worksheet.xls