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HomeMy WebLinkAbout2008-074 Contract - Pacific Paving P.O. Box 2370. White City, Oregon 97503-0370 Office 541-772-4616. Fax 541-830-4612 PROPOSAL SUBMITTED TO: PHO D City of Ashland/W ~tewater Department 90 N Mountain Ave Ashland ST&{E97520 552-2335 JOB NAME June 13,2008 N STREET Herbert St CITY Ashland STATE We hereby submit specifications and estimates for: Commercial Patching 1. Furnish and install 4" of asphalt over an area approximately 1 ,650sf and compact to maximum density. TO ACCEPT SIGN & RET~~ TOP OOpy We hereby propose to furnish the above labor and materials in accordance with the above specifications, for the sum of: ***Six Thousand One Hundred Seventy One and 00/100*** dollars ($ ***$6..171.00***) TERMS: Cash on completion of job, unless other arrangements are made in writing. A 2% per month FINANCE CHARGE will be added on all past due accounts, an ANNUAL PERCENTAGE RATE OF 24%. In the event any balance is turned over to an attorney for collection, or if a lawsuit is filed to collect any balance, including appeals from trial, the prevailing party shall be entitled to his reasonable attorney fees and reasonable expenses of litigation, such as investigation, deposition, provisional process and other like expenses. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving additional work and extra costs will become an extra charge over and above the estimate. If subbase and/or base is prepared by o~ers, then guarantee is limited by workmanship. The normal soil sterilization process will not kill all types of vegetation and we will not be responsible for any damaged pavement due to the growth of vegetation. All agreements contingent upon strikes, accidents or delays beyond our control. If this contract exceeds $1,000, the owner acknowledges receipt of the "Information Notice to Homeowners about Construction Liens." This proposal may be withdrawn by us if not accepted within 30 days. CCB #50835 Estimator //4/ Paul Hildebrand IWSA-I. Acceptance of Prop,osal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do all of the work as specified. Payment will be made as outlined above. Signature Date Contract for GOODS AND SERVICES Less than $25,000 CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 CONTRACTOR: Pacific Paving, Inc. CONTACT: Paul Hildebrand ADDRESS: PO Box 2370, White City, OR 97503-0370 TELEPHONE: 541-772-4616 DATE AGREEMENT PREPARED: 06/18/2008 FAX: 541-830-4612 BEGINNING DATE: OGl2:;/2008 to / ~/;1aoe/~'COMPLETION DATE: 06/30/2008 COMPENSATION: $6,171.00 - Per attached proposal dated June 13, 2008 GOODS AND SERVICES TO BE PROVIDED: Furnish and install 4" asphalt over an area approximately 1 ,650sf and compact to maximum density. Location: Herbert Street ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Goods shall be paid for within 30 days of an invoice after delivery of goods conforming to the standards and specifications. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 2798.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $17,342 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 500/0 or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following Contract for Goods and Services Less than $25,000, Revised by Legal 06/30/2007, Page 1 of 9 - conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obliaation/Liabilitvof Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.11 0 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its ORF status pursuant to the ORF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a ORF if Contractor has qualified as a ORF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. c. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Goods and Services Less than $25,000, Revised by Legal 06/30/2007, Page 2 of 9 d. Notice of cancellation or chanae. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, lithe claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Councilor the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. CONTRA CITY OF ASHLAND: BY ~ TITLE Print Name ~)r ~ ' I (()' ?O .D~ DATE DATE CONTRACT AWARD AND F.\N N[D.. INGS DETERMINED BY: By:.' ~~ City Department Head FederallD# C\ ~- lO(o%<f\ ACCOUNT # Date: 1,( ~ lo'?) b~0C8'1'7 tf2&yt:'P~t?t:? (For City purposes only) *Completed W9 form must be submitted with contract PURCHASE ORDER # tJ @ ~ ? ~ Contract for Goods and Services Less than $25,000, Revised by Legal 06/30/2007, 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: ~&~ it ~-S ~ ~ (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 person~1 residence listing. (4) Labor or services are performed only pursuant to written contracts. \ ~ f-.)~S'\1l..V (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. Yo.c-~~ ?oi)\~ ~L- Contractor (g . 2t) . 0 ~ (Date) ~,~ Contract for Goods and Services Less than $25,000, Revised by Legal 06/30/2007, Page 4 of 9 Form W-g Request for Taxpayer Identification Number and Certification Give fann to the re.quester. 00 not send to the IRS. (Rev. QctQbet 2007) Department of the Treasury Internal Revenue Service Name (EU! shown on your income tax return) C\i Q) 0> (IS a. c: o Q)S .8:; e g 'E~ 'CJ: 0.(,) !E (,) Q) {}; Q) tB Enter your TIN in theappropril;lte box. The TIN provided must match the name given on Une 1 to l;lvoid backupwithholging.Forindividuals.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 nurhber 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 lam subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that lam no longer subject to backup withholding, and 3. lama U.S. citizen or other U.S. person (defined below). Certlflcation 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 ydU have failed to report all interest and dividends on your tax return. For real estate transactions. item 2 does not apply. For mortgage interestpaid.aoquisition or abandonment of secured property. cancellation of debt. contributions to an individual retirement arrangement (IRA),ahdgenerally, payme other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the in io 0 page 4. Taxpayer Identification Number (TIN) o Exempt payee Requester's name and address (optiona~ I Social 887 num~r or Sign Here Signe1u~ of U.S. person .... Date .... b.20.0& General Instructions Section references are to the Internal Revenue Code unless otherwise noted. PurpOS4! 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, in~ome 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 provide your correct TIN to the person requesting it (the requester) and. when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting fora number to be issued), 2.. Certify that you are not subject to backup withholding, or 3. Claimaxemptionfrom backup withholding if you are a U.S. eXElmpt payee. If applicable, you are also certifying that as a U.S. person. your allocal:>le Share of any partnership income from a U.S. trade or business is not subject to the withholding tax. on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TlN,You must use the requester's form if it is substantially similar to this Form W-9. eennlUon of a U.S. person. For federal tax. purposes, you are considered a U.s. person if you are: . An individual who is a U.S. citizen or U.S. resident alien, . A partnarship, corporation, company, or aSSOciation created or organized in the United States or under the laws of the United States, . An estate (other than a foreign estate), or . A domestic trust (as defined in Regulations section 301.7701-7). Special rule$ for pcJ1nerships. Partnerships that conduct a trade or business in the United States are generally required to pay awithholding tax. on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner isa foreign person, and pay the withholding tax.. Therefore, if you are a U.S. personthat is a partner ina partnership conducting a trade or bU$in~ss in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net incol'l'l& frOm the partnership conducting a trade or business in the United States is in the following cases: . The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) Contract for Goods and Services Less than $25,000, Revised by Legal 06/30/2007, Page 5 of 9 Form W-9 (Rev. 10-2007) Pag.2 . The U.S. grantor or other owner of a grantor trust and not the trust, and . The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). 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. Hpwever, mostt~ tr~aties 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 payee 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 to Form W-9 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.~icle number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. Toe type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to juStify the exemption from tax under the tElrms of the treaty article. Qample. Article 20 of the U.S.-China inc;().me tax. treaty allows an exemption from tax for $cholaf$hip income received by a qhinese st.udent temporarily present in the United States. Under U.s. law, this student will become a resident alien for tax. purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-Chin~ treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the ChinQse student bec()fTl$sa resident alien of th$ United states. A Chinese student who qualifie.Sfofthis exception (uncter paragraph 2 of thefirst.protocoij and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you area nohr.esidentalien or a foreign entity not subject to backup withholcting, give the requester the appropriate completed Form W-8. What .Is back\lPWlthholdlng? Persons making certain payments toyou must under certain conditions withhold and pay to the IR$ 2~% of such paYments. This is called "backup withholding." Payments thatmay be subject to backup withholding Include interest,.. tax-ex$mpt inter$st, dividends, broker and barter excoange transactions, rents, royalties, nonemployeepay, and certain payments from fiShing boat operators. Real estate transactions are not subject to backup withholding. You Will not be subject to backup withholding on payments you re<;eiveif you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your t~ return. Payments you receive will be subject to backup withholding if: 1 . You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on pag$3 for details), 3. The IRS tells the requester th~t you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup Withholding under 4 abOVe (for reportable interest and dividend accounts.opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of FormW-9. Also see Speci8J rules for partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of$50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. CIvil penalty for false Infol1T1aUon VIIIh respect to withholding. If you make a.false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Crlml~lpenalty; for fal~ng lnfcum~lUon. WillfLJ11y falsifying c.ertifications.or .affirmations may SUbject you to criminal penalties including fine~ and/or imprisonment. Misuse of TINs. Ifthe requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you mustg$nerally enter the name shown on your income tax return. However, if you have changed your last narTle, for instance, d.ue to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your. individual name as shown on your inc.ome tax. return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Umlted llabllltycofnpany (LtC). ChecR the "Limited liability company" boX only and enter the appropriate code for the tax classification ("0" for disregarded entity, "c" for corporation, "P" for partnership) in the space provided. Fora single-member LLC(includinga foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under R$gulations section ~01.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. For an LLC classified as a partnership or a corporation, enter the LLC's name on the "Name" line and any business, trade, or DBA name On the "Business name" line. Other entitles. Enter your busin~sname as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Nom. You are requested to check the appropriate box for your status (individuaVsole proprietor, corporation, etc.). Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Ex$mpt. payee" box in the line fOllowing the business name, Sign and date the.form. Contract for Goods and Services Less than $25,000, Revised by Legal 06/30/2007, Page 6 of 9 FOITl'1W.g (Rev. 10-2007) Generally, individuals (including sole proprietors) are.notexempt frombllckupwithholding. Corpprations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup Withholding. The follOWing payees are exempt from backup withholding: 1. An org~niz~tion exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401 (f)(2) , 2. Th~ united States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United states, or any of their political Subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, ag~ncies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities; Oth.er payees that may be exempt from baCkUp withholding include: 6. A corporation, 7. AfOl'eign central bank of issue, 8. Adealer inseClJrities or commodities required to register in the United~tates, the Oistrict of Columbia, ora possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate inve$tment trust, 11.An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a). 13. Afinancilll institution, 14. .Amiddleman known in the investment community as a rlominee or custodian, or 15. Atrust exempt from tax under section 664 or described in section 4947. Ttlechart below shows types of payments that may be exempt from backup withl1olding. Ttle chart applies to the exempt payees listed above, 1 through 15. IF thepaymentls for . . . THEN the payment Is exempt for. . . All exempt payees except for 9 Exempt pa.yees 1 through 13. Also, a perl~on regi~ered under the Investment Advisers Act of 1940 who regular1y acts as a broker Exempt payees 1 through 5 Interest.and dividend payments Broker transactiol1s Barter exchange transactions and patrona.gedividends Payments over $600 required to be repQr'tedand direct sales over $5,000 1 Generally, efempt payees 1 through 7 l~.l=orm 10Q9-fv1ISC, Mecellaneous Income, and itBinetruc1ions. 2Howel/er, the followinQ.peyments made to a CQl'poI'ation6nc;luding 9"088 pr~ed. paid tOlll'lattomey under section6045(f), 8V1IlO if theattomey Ie a corporation) and reportable on Form 1099-MISC are not exempt from backup Withholclil'lg: medical and health care payments, attomeys' fees, and payments for servicea paid bya federal execo1ive agel"lCY. Page 3 Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your llN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN,seeHowto get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are.a single-member LLC that is disregarded as an entity separatefrom its owner (see Limited liability company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity'sEIN. Note. SEl$. the chart on page 4 for further clarification of name and TIN combinations. How to get.a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssagov. You may also get this form by calling 1-800..772..1213.. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an \TIN, or Form SS-4, Application for Employer Identification Number. to applY for an EIN. You can apply for an EINonline by accessing the IRS website at www.irs.govlbusinesses and clicking on Employer Identificatiol1 Numb~r (EIN) under starting a Business; You can get FOl'ms W-7 and SS-4 from the I RS by visiting www:il'S:gov or by calling 1-800-TAX-FORM (1-800"'829"3676). If you are as.ked to compl~te FormW-9 but do not l1avea TIN, write "Applied ForI' inthe space for the TIN, sign and date the form, and give it to the r~quest~r. FOl' lnter~st and dividend payments,.and certain payments made with. respect to readily tradable instruments, gener.ally 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 60-day rul~ does not aPply to other types of payments. You will be SUbjeCt tobllCkup withhOlding on all such payments until you prO\lide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. CautIon: A cJisregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding llgent that you area U.S. person, or resident 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. Fora joint account, only the person whose llN is shown in Part I should sign (when required). Exempt payees, see Exempt Payee on page 2. Signature reqlilre....nts. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and. brok&r~CCC)Unts conslderedacUVe during 1983. You must give yourcorreQt TIN, but you do not have. to sign thecert ification. 2. Interest, dividend, broker, and barter exchange accounts openedatter1983and. brour accounts<consIdered Inactive during 1983. You must sign the certification or backup withholding Will apply. If you are. subject to backup withholding and you are merely providing your corr~ct TIN to th~ reguester, you must .cross .out item2 in the certification before signing the form. Contract for Goods and Services Less than $25,000, Revised by Legal 06/30/2007, Page 7 of 9 Form VV-9 (Rev. 10-2007) ~. Real estate transactions. You must sign the certification. You may cross out item2 of the certification. 4. . Other paymGnts. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previou~1y .given an incorrect TIN. "Other paY01$nts" include payments made in the course of the request~'s trade or.business for rents, royalties, goods (other than b!lIs for merchandise), medical and health care services (including payments to corporations), payments toa nonempl6yee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 6. Mortgagelntel'estpaid by you, acquisition or aballfjOmnent of secured property,. cancellation of debt, quallftedtutuon prO{Jfal11 payments (under section 529), IRA, Covel'dell ESA,ArCher MSA or HSAcontrlbutlons or distribUtions, and pension distributions. You must give your qorrect TIN, but you do not have to sign the certification. What Name and Number To GiVe the Requester For this type ofaccomt: 1. Individual 2. Two or more individualsOoint account) Give name and SSN of: The individual The actual owner of 'the account or, if combined fUnda, the first indiVidual on the account' The minor · S. Custodian aCCOlJ'ltof a minor (Unifcnn Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. SO-called trust account that is The actual owner' not a legal or valid trust under state law 5. SQfe.proprie..hip<< disregarded The owner · entity owned by an individual For this typeohccoU"lt: 6. Disregarded enttty not owned by an The owner individual 7. A vafJd trust, ea... or pension trust Legal entity . ~. Corporate or LLC ~eding The corporation corporateatatuson FCltm 8832 Q.~cia'llon, club, r~i9i0U8, chl:llitable, ed\JC8tional, or other tax-exempt organization 10. Partnership ormulti-rnerni:)er LLC The partnership 11. A broker or registered nominee The broker or nominee 12. Acc.oontwith the Department of The public entity Agricultu-ein the name of a plblic erwtity($Ucheaa....te or loc:lll govemment,schoc>ldiatrict, or prison) that receives agricultural progr.m payments \ist firstEtldcirciethe hlif'ne of the persdn whose number you furnish. If ooly one persdn on a Idnt accd\Jrlt 11-'ar1 ss.N, thatperson's number must I;>e furnished. 2Circlelhe minor's hameand furnish the minor's SSN. 3YOUmustshow YOJr indiyiql.laJ name and YOJ may also enter your I:)usineS$ or "DBA" nfl/lleon the second name line: You may use either YOJr S$Nor EIN (if you have one), I:XJt the IRS encOJrages ydJ to use your SSN. 4 Ust first ang circle the nfl/lleolthe trust, estate, or pension trust. (Do not fumish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account tiUel.AJsqsee S~ciaJ rulas for partnerships dn page 1. Note. If no name is circled when more than one name is listed, thednumber will be considered to be that of the first name liSted. The grantor-trustee ' Give name and EIN of: The organization Page 4 Secure Your Tax. Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file atax return using your SSN to receive a refund. To reduce your risk: . Protect your SSN, . Ensure your employer is protecting your SSN, and . Be careful when choosing a tax preparer. Call the IRS at 1-800-829-1040 if you think your identity has been used inappropriately for tax purposes. Victims of identity theft who are experiencing economic harm ora system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate.service (TAS) a.ssistance. You can r~ch TAS by calling the TAS toll~frEM} case intai<$ line at 1-877-777-4778 or TlYrrDD 1-800-829-4059. Protect yourself from suspicious emalls or phlshlng schemes. Phishing is the creation and us~ of emailand websites designed tc) mimic legitimate bu~iness emailsand websites. The most common act is sending.an email to allSer falsely claiming to beanestabHshed I~gitimate~nterpris~ in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal d~tailed informatiOn through .email or ask. taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank. or other financial. accounts. If you receive an unsolicited email claiming to be from the IRS, forward this mesSage tophishing@it$.gov. You may alSQ report misuseC)t the IRS name, logo, or other IRS personal property to the Treasury Inspector G~neralfbr Tax .Admihistration at 1-800-366-4484. You can forward suspicious emails to th~ Federal Trade Commission at: spamOuce;govor contactthemat www.consumer.govlidtheft or 1-877-IDTHEFT(438-4338). Visit the IRS website at www.irs.govto learn more about identity theft and how to reduce your risk. PrIVacy Act NOtioe Section 6109 of the Internal Revenue Code requiree you to provide your correct TIN to per80l'\8 who must file information returns with 'the IRS to report interest, divittenda, ..,d .c.-tt\inother inc:cme paid to you, moog.geinter_you paid, the acquiaitiprl. or abendonrnent. of secured prOPerty,~t\I'lC.tlation of debt,Of' contributionayoo made to an IRA, or Archer. MSA or HSA. The IRS us- the numbers for identification pLl'po8U and to help verify the a9CUf'acyof YOLl' tax retum. The IRS mayal80 pl"()Vide this information to the DlilPartment of JustiCe for civil and criminal. litigation, af'ld tocitifl8, states, the. Distri~ of Columbia, t\r'ld. U.S. P<*!f!88i()l'M!to oarryout~ir taxlaw~. We may also dis<:loee this infcnn,.tiontoother countries under a tax treaty, to federal and atate.agenciea to enforc:;8 fede~ nontax crirninallaws, . or to federal law enforcement and inteUigence agencies to combet terrorism. You must provide YOLl' TIN whether or not you are. required .tofile a tax rilturn.Payere must generally withhold 28% of taxable interest, dividend,andcertain ather paYrnents to a payee who doeanat gilte a TIN to a payer. Certain penal'llea may also apply. Contract for Goods and Services Less than $25,000, Revised by Legal 06/30/2007, Page 8 of 9 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING ~~, Employees must be paid a living wage: ~ For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $17,342 or more. ~ For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $17,342. ~ If their employer is the City of Ashland including the Parks and Recreation Department. ~ In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. ~ Note: "Employee" does not include temporary or part-time employees hired for less than 1040 hours in any twelve. month period. For more details on applicability of this policy, please see Ashland Municipal Code Section 3.12.020. 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 Goods and Services Less than $25,000, Revised by Legal 06/30/2007, Page 9 of 9 III ,---- ACORD... CERTIFICA TE OF LIABILITY INSURANCE OP ID J~ DATE (MM/DDIYYYY) PACI05W 08/31/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KPD Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 784 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Springfield OR 97477 Phone: 541-741-0550 Fax:541-741-1674 I INSURERS AFFORDING COVERAGE NAIC# ----.-.--- -'-.-.---- ~--'-'-'---.__._- --. - -..--.--.-----.-.---------.---+-- _. -"- INSURED ~I~URER A~ _ SAIF C~~orat~~ =- ~a-.!~__ _~.___ ._. _ - - - INSURER B: I -'- -.----------- -- ---------.---.--.- ---- -. - -- Pacific Paving, Inc. INSURER C .---.-. ----------.- _.~- _.. '-..- '-'-"-' -- - - PO Box 2370 INSURER D: White City OR 97503 -'- ----------.------------ ----i--.-.- -. .- , INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOT\I\1THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VIIITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INS~'--------- -. ---.---:--- ________.___ L TR INSRD TYPE OF INSURANCE . POLICY NUMBER I GENERAL LIABILITY I~ CO~MERCIAL GENE~~L LIABILITY , ;- _~ __. CLAIMS MADE L _ OCCUR ; ---! -----'---._- -. PJiVfr'::J~~P"Rl~ijX':brg~ ~-- --- - -~MITS- - --- - , EACH OCCURRENCE : $ I-mMAGFTcrnENTEIJ -- --' - --- - --- rPREMISES (~occurenceL -!...~ _ _ _ __ __ ~EE..E~(~_~_?~~o'1. _$__ _ _ ._ PERSONAL & ADV INJURY : $ !GENERAL AGGREGATE ---+~-- -- .-- ---.---.-------.- -- -- i PRODUCTS - COMP/OP AGG ! $ ..---.--.-....---.-..- -'--..- ~-.J __________ ~~N.L AGGR~GATE ;~~~ AP;':!.~S PER: I POLICY · I JECT' LOC I AUTOMOBILE LIABILITY ,-; -.J ANY AUTO ! ALL OWNED AUTOS ,1 SCHEDULED AUTOS ~.J HIRED AUTOS , . NON-OWNED AUTOS '-1 r-j-----.- -- i fE~~~~~~t~'NGLE LIMIT ! $ 1-----_-- _ __---'___ ____. BODILY INJURY j (Per person) i$ i GARAGE LIABILITY L-l ANY AUTO II I EXCESS/UMBRELLA LIABILITY ~J OCCUR '_-I CLAIMS MADE I BODILY INJURY ; (Per accident) -------.------+.- - -.----.. - I PROPERTY DAMAGE ' $ : (per aCCIdent) i ! AUTO ONLY - EA ACCI DENT , $ r-.-.-.----t--------- -- - I OTHER THAN ~~ AC_~ $____ __ __ _ _ I AUTO ONLY: AGG i $ ! EACH OCCURRENCE S i AGGREGAT;- -- ._- r; - - - - -- ----------.-.-.-.- - --- - : $ I DEDUCTIBLE ~ I RETENTION $ ~ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A I ANY PROPRIETORlPARTNERlEXECUTIVE ; OFFICER/MEMBER EXCLUDED? 1 ~P~tl~pf!toVi~?O~s bell7N OTHER L-.__ __ ____ _~ _.._ 812919 I 10/01/07 I ~-----.-- - - __.l...!. _ __ ___ __._ ._. I S ! xiT~~l~~Ws._:O~~-: ______ .__. 10/01/08 E L EACH ACCIDENT . $ 500,000 1---------1-___ -- _ , E.L -'?!S~ASE - ~:"..E~L~V.E~_S~Q_q, OOQ i E.L. DISEASE - POLICY LIMIT I S 500 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Al~ Operations I CERTIFICATE HOLDER CITAS02 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE THE EXPIRATIO~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTA TlVES. ~~ Ci ty of Ashland 90 N Mountain Ave. Ashland OR 97520 ACORD 25 (2001/08) @ ACORD CORPORATION 1988 "",t~" 8f:CORDER ACORDTM CERTIFICA TE OF LIABILITY INSURANCE DATE (MMlDD/YYYY) 3/13/2008 PROOUCER (541)772-1111 FAX: (541)772-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICA TE JBL&K Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Murphy Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Travelers Pacific Paving, Inc INSURER B: Developers Surety & Indem PO Box 2370 INSURER c: INSURER 0: White City OR 97503 INSURER E: THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POliCIES. A - .-..- ,- . IMITS SHOWN MA Y I-tAVF= RF=F= J BY CAin ('I AIU~ INSR AOO'L TYPE Of INSURANCE POLICY NUMBER Pg.k+~~~:6g/~VF ~i!fJI~:~~J~N LIMITS LTR INSRD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ,.-- ~~~~~~J9E~~~~Pence) X COMMERCIAL GENERAL LIABILITY $ 100,000 A ~ CLAIMS MADE [!] OCCUR O'COS26D8417TIL08 3/20/2008 3/20/2009 MED EXP IAnv one ""'rson\ $ 5,000 f-- PERSONAL & MJV INJURY $ 1,000,000 - 2,000,000 GENERAL AGGREGATE $ - GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I nPRO- n POLICY JECT lOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 - (Ea accident) $ X ANY AUTO - 3/20/2008 3/20/2009 A ALL UWNI::U AU I U~ OT81052608417TIL08 BODilY INJURY - (Per person) $ SCHEDULED AUTOS - - HIRED AUTOS BODILY INJURY $ (Per accident) - NON-OWN EO AUTOS - PROPERTY DAMAGE $ .. (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY I=ACl-llV"rllDDI::Nrl:: $ 1,000,000 ~ OCCUR D CLAIMS MADE AGGREGATE $ 1,000,000 $ A ~ DEDUCTIBLE DTSMCUP526D8417TIL 8 3/20/2008 3/20/2009 $ X RETENTION $ 10 000 $ WORKERS COMPENSATION AND I T~~tJIYS I IOJ~- EMPLOYERS'LIABILlTY ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 11 yes, describe under SPECIAl ~()\/I<::I()N~ hAlnw EL DISEASE. POLICY LIMIT $ B OTHER Contractor's License 247088C 7/15/2005 7/15/2008 Limi t : $10,000 Bond DESCRIPTION OF OPERA TIONS/LOCA TIONs/VEHICLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder included as additional insured per attached endorsement #CGD246080S where required by contract. Subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER (541)488-5320 The City of Ashland, its officers, agents a~d employees 90 North Mountain Avenue Ashland, OR 97520 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE f IJ S Wilson, AAI, AIC/SU S..,-.... ~. W~ @ ACORD CORPORATION 1988 Page1of2 ACORD 25 (2001/08) INS025 (0108).08a IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.' A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer. and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (0108).08a Page 2 of 2 II COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III - Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG 02 46 08 05 @ 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I I I I I \ I I \ I b) If a claim is made or "suit" is brought against \ the additional insured, the additional insured must: I How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. i. i. Immediately record the specifics of the claim or "suit" and the date received; and II. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit" I and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to \ I plge 2 of 2 I I any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. @ 2005 The St. Paul Travelers Companies, Inc. CG 02 46 08 05 II rA' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 OlfY RECORDER I Page 1 / 1 DATE 6/23/2008 I I f?Qts!l4tMSER 08339 VENDOR: 000903 PACIFIC PAVING, INC POBOX 2370 WHITE CITY, OR 97503 SHIP TO: Ashland WWTP (541) 488-5348 1295 OAK STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: David Gies Confirming? No Unit Price THIS IS A REVISED PURCHASE ORDER Furnish and install 4" asphalt over an area approximately 1 ,650sf and compact to maximum density. Location: Herbert Street 6,171.00 Contract for Goods and Services BeQinninQ date: 06/20/2008 Completion date: 06/30/2008 Insurance required/On file BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL i..,..... .:x> :> ..:;;....:, ,,'ii'; > .... lcc~;Numtift ~; .." .:'.' }\~P.,t .. . .' . E 675.08. 1 7.00.60240( 6,1 71 .00 I ~J- 1I-e:C~7 AlJtho . ActlSionatlJrp. VENDOR COPY -- -- ------.- - . --- ------ -m T