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HomeMy WebLinkAbout2008-192 Contract - Pacific Paving u~/25/2008 16:12 5418304612 PACIFICPAVING1NC 'H\,AL.. ........ I\.B September 25, 2008 S1(1RB97520 CITY stATE We hereby submit specifications and estimate..1I; for~ Commercial Patching 1. Furnish and install 4" of asphalt over Trench Patch approxim,ately 2,602sf. -TO ACCEPT 810.1'1 & RETURl"l 'T. O:f~ OOP'V We b~\)Y fll'<lPO!IC to fiDni9h the ftbove labor and matl:ria1~ in aoooroancc with the !\how ~pccifiQ8tiool. for the mm of: ***Nine Thousand Seven Hundted Thirty Five and 00/100*.. dotlaB ($ ...$9..735.00... ) TERMS: Cash on CQTl1pletion of job. \101e~ ather OJT8Dgerncnts IU'C made in writing. A 2% per montb '-'lNANCE C1IARG8 wilt be added 00 II' pa.'lt d~ SCeo\lots. IIJ'l ANNUAL PERCENTAGE RATE OF 24%.. In the fNeJ\t SJry balance is turned (i.x:r to 1m aunmey for collection, or if _lawlillait is filc4 to oollcct any bl1an~. iftcluding appeals from trial, tM pnNailing par\)' shIll be cntitIfld to hil EeaSonabtc ILtOmey tees me! rcasono.ble expeuscs oflitiglli~ sudl ~ itwelltigation. depofIiIion. pn>ViSitmDlproom .... other Uko _co. "11_ i. ~ 10 be II spocifiool. An _11> be oompleIe<I in · ..._Iiko ...........,..!ms to SlIDdto\l ~ Arty ~ or dev_liom ~ ~ _.ill& Iddi\iQllll1.......... Olltt&'" wlII_'" - dwgc.... .... o\JcM: 1he osti.....lf _ andI<1< 11?001. ~ by o\ben. .... &IJIllIIIW is limilod by~. The 1101111111 soli otr.ri\izBtioD JIl1II'Cl" will not till oI1lyp<$ or ..g<\lIlioD.... ..e wIR not be tcIPO"llble lbr IIIIj' dasJ1lI&l:<I ~ due 11> the pill of~ An IglO<IIIORb -.g.nt...... strikes, ""';- vi ao1sys beyond 01U" _I !flbis """"""'..- $1,000, theowne< ~ _pt ofdle "IMom&tlM NoticC \0 - about (;omdludIon L1.....11dt proposal m~ be withdrawn. by us ifnot accepted Within gO days. CCB #S0835 Eslim&t<l' c1J~ W. d~ _ Tc~ W Simcoe ~ . U . Acceptance of Proposal The abo.. prices. speclfications....o oonoitions "'" satishctmy one! ore \IetOhy ""'"'JlIed. you.... authorized 10 do all of the wor1c os sp<Cificd. Payment will be made $lS outlined above. SignalUf6 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 CONTACT: Terry Simcoe ADDRESS: PO Box 2370, White City, OR 97503 TELEPHONE: 541-772-4616 DATE AGREEMENT PREPARED: 10/01/2008 FAX: 541-830-4612 BEGINNING DATE: 10/01/2008 COMPLETION DATE: 11/01/2008 COMPENSATION: Not to exceed $9,735.00 per attached proposal dated September 25,2008 GOODS AND SERVICES TO BE PROVIDED: Pave trench (580' x 4') on Faith Avenue. Contractor to furnish and install 4" of asphalt over trench patch approximately 2,602 sf. 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, 2798.230, 279B.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 $18,088 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the 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. 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 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 06/30/2008, 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, cor 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.71 0, 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 Comoensation 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 06/30/2008, 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. CONTR CITY OF ASHLAND: BY ignature Terry Sehoenleber Print Name TITLE See/Trease DATE DATE October 1, 2008 CONTRACT AWARD AND FINDINGS DETERMINED BY: By: FederallD# 93-1064699 ACCOUNT # Date: 10 '> 08 k~t? tJg 17 67& 6?J:2~t1-CJ (For City purposes only) PURCHASE ORDER # (/ g ~8 *Completed W9 form must be submitted with contract Contract for Goods and Services Less than $25,000, Revised 06/30/2008, 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 ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is ql:Jalified, 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: x x X X x (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. Pacific Paving Inc. by: T. Schoenleber contractoy\!~ October 1, 2008 (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 4 of 9 Form W-g Request for Taxpayer Identificat.ion Number and Certificat.ion Give fonn to the requester. Do not send to the IRS. Check appropriate boX: 0 Individual/Sole proprietor KJ Corporation 0 Partnership o Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ~ _ _ _ _ o Other (666 instructions) ~ Addres.s (number, street, and apt. or suite no.) P.O. Box 2370 Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to. avoid baCkup withholding, For individuals, this is your social security number (SSN), However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification I"lumber (EIN)_ If you do not have a number, see How to get a TIN on page 3, Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter, Certification Under penalties of perjury, I certify that: 1, The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2, I am notsllbject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S, citizen or other U.S, person (defined below), Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN, See the instructions on page 4. (Rev. October 2007) Department of the Treasury Internal Revenue Service Name (eu; shown on your income tax return) Pacific Pavin Inc. Bu6ine&s name, if different from above C\i Q) 0) co Q. t: o CIl III ~.~ ~~ 'Elil '1: S o..u !E u CIl 9; Q) ~ City, state, and ZIP code List account number(s) here (optional) Taxpayer Identification Number (TIN) Sign Here General Instructions Section references are to the Internal Revenue Code unless otherwise noted . Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. 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. 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, your allocable 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 TIN, you must use the requester's form if it is substantially similar to this Form W-9, o Exempt payee Requester's name and address (optional) I Social security number , , or 64699 Date ~ October 1, 2008 Deftnnlon 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 partnership, 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 rules for partnerships. 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 ina partnership conducting a trade or business in the United States, provide Form W-9to 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 income from the partnership conducting a trade or business in the United States is in the followi ng cases: . The U.S. Owner of a disregarded entity and not the entity, Cat. No, 10231 X Form W -9 (Rev. 10-2007) Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 5 of 9 ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP ID SU I DATE (MMlDD/YYYY) PACI05W 09/30/08 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 POLICIES BELOW. Springfield OR 97477 Phone: 541-741-0550 Fax:541-741-1674 INSURERS AFFORDING COVERAGE NAlC. INSURED INSURER A: SAIF Corporation - Salem INSURER B: Pacific Paving, Inc. INSURER C: PO Box 2370 INSURER D: White City OR 97503 INSURER E: COVERAGES 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 Am CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRJ: TYPE OF INSURANCE POLICY NUMBER ~';'~lriMtDIiYYf I ~kfE"'MMI6Drffl" LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - UAMAuc COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ - o CLAIMS MADE D OCCUR - MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ f-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ h POUCY n ~~8;: nLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- $ ANY AUTO (Ea accident) I-- ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==i iW'f AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND - xITORY LIMITS I IOJH- ER A EMPLOYERS' LIABILITY 812919 10/01/08 10/01/09 E.L EACH ACCIDENT $ 500,000 ANY PROPRIETORIPARTNERlEXECUTlVE OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 500,000 ~~~cl~~~JlS1~s below E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRlPnON OF OPERA nONS I LOCAnONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: All Operations CERTIFICATE HOLDER Ci ty of Ashland 90 N Mountain Ave. Ashland OR 97520 CANCELLATION C ITAS 0 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAnON DATE THEREOF, THE ISSUING INSURER W1U ENDEAVOR TO MAIL ~ DAYS WRITTEN NonCE TO THE CERnFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLlGAnON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUT E~PRES @ ACORD CORPORATION 1988 ACORD 25 (2001108) .L t..Ao~,., .........,.L. '-'.L A CORD.M CERTIFICA TE OF LIABILITY INSURANCE 1 DATE (NMIDDNYYY) 10/3/2008 PRODUCER (541)772-1111 FAX: (541)772-3785 THIS CERllFICATE IS ISSUED AS A MATTER OF INFORMATlON Beecher Carlson ~nsurance Agency LLC ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERllFICATE DOES NOT AMEND EXTEND OR 707 Mu:z:phy Rd AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford. OR. 9'7504 INSURERS AFFORDING COVERAGE NAIC # INSURED INSl'RER A. Travelers Pacific Pavinq ~nc IN:o-UI-it:K t! Developers Suretv & PO Box 2370 INSUf;'.ER c INSI.RFF; n Whi te ci ty OR 97503 INSURER E. COVERAGES IHE: POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REClUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WiICH 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, Ar.I~R~GAT~ liMITS SHOWN MAY ~AV~ R~EN REDlJCFD BY PAID CI AIMS. I~~: ~~~~ TYPE OF INSURANCE POLICY NUMBER Pr?i+~~~~~8m~ P~!fJ,~':~J~N LIMITS A GENERAL UABIUTV EACH OC::URREN::E $ 1,000,000 >-- ~~~H?E~~~~r>ce' ~DMt:RCIAl (';I:I\I:K.AL L1A1:l Lit '( $ 100,000 X I-- CL".1MS MADE ~ :::lCCUR DTC0526DS417TILOS 3/20/2008 3/20/2009 MED Fxp (Anll 'JM "",r..en\ ,~ 5,000 I-- PERsml/"'-. & /lDV IN..l. R '( $ 1,000,000 - GENE<<PJ.. AGGREGATE $ 2,000,000 GENL AC,C,RE:'ATE LiMIT APPLIES PER. _ rrt.P/oP Ar=.(-" 1$ 2.000,000 ~ n-PRO- n X FOllCY :':'C'I LOC AUTOMOBilE L1ABllITV COMBINED SINGLE LIMIT 1,000,000 - $ ~ PNY AUTO (ca aocidenti ,ALL O'M'lCD AUT03 DTB10526D8417TIL08 3/20/2008 3/20/2009 S8DIL'( ('~LURY - I :>u pmo-,on) $ - SCHEDULED AUTOS ~ HIRED AliTO;: BOCiL y 1~I,l)RY $ ~ I\ON-CJ\\1\ED AUTOS (Ptlr acadent) - PRJPERTY D/WAGE $ . (:> Fir R~(j o'ln1) GARAGE LIABILITY AUTO ON-_Y - =AACCIDE\l1 $ R :'NY AUTO OT-lEn THAN EA ACC $ AdTO 01'1'_'( AGG $ FXCFSS/UMBRF.I I A I IABI!. ITV ~^rH nr-IIRR~N-E $ :=J O,-CUP D CLAIMS MADE AGGRFC.;AT= $ $ ~ DEDUCTIBLE $ PETENT 0N 1 $ WORI<ERS COMPENSATION AND I T~~T~~!; I IOrW EMPLOVERS'L1ABllITV _ANY!='ROPRIETDR,PART'IlER/EXECUTIVE EL EACI-: ACCIDE'lT $ OFFIl.=R/MFMAFR F)l\.l I IOFO? EL DI~EA5E - EA "'MF1..01EE $ If yt=;'=;. riAScrhF IJnc1~r :::L DISEASE- POLICY LIMIT $ SPFr.IAI :>POVISIONS hFIOI'v OTHER Contractor's License 786018C 7/1/2008 7/1/2011 Limit. $20,000 Bond A B DESCRIPTION OF OPERATlONSA.OCATIONSNEHICLESIEXCLUSIONS ADOED BY ENDORSEMENTJ'SPEClAL PROVISIONS The City of Ash~and, it's officers, agent~ and emp~oye&s are included as additiona~ insured as respects to general liability per CG 0246 08/05 where required by written contract. This form is subject to po~icy terms, conditions, and exclusions, CERTIFICATE HOLDER CANCELLATION (541)488-5320 SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE The city of ~hland, its officers, agents EXPIRATION DATE THEREOF, TtE ISSUING INSURER WILL ENDEAVOR TO MAIL and employees 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO lliE LEFT, BUT 90 North MOuntain Avenue - FAILURE TO 00 SO SHALL IMPOSE NO OSLlGA nON OR LIABILITY OF ANY I<IND UPON THE Ashland., OR 97520 INSURER, rrs AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (JA^(f ,)b:z tt(f- ~ Slatte.::-y, CI3R/AMBE ACORD 25 (2001/08) INS025Io1oe)oo~ @ACORDCORPORATION 1988 Pagw 1 0' '.1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POUCy, PLEASE READ IT CAREFULl. Y 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 c) to include any person or organization that you agree in a "written contract requiring insuranceu to Include as an additional insured on this Cover- age Part, but a) Only with respect to liability for "bodily injury", "property damage" or "personallnJury"; 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 doe!; 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 COVAr::l!J&:l PRrt ~hown in thp. np.r.k:lmtion~ exceed the limits of liability required by the "written contract requiring insuranceA, the in- surance provided to the additional insured srall be limited to the limits of liability re- quired by that "written contracl requiring in- surance", This endorsement shall not in- crease the limits of insurance described in Sectlon 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 fail ure 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 it Supervisory, inspection, architectural or engineering activities. CG 0248 OB O~ 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 fluch covcmgc for that additionol insured, GOO than 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 contrad requiring insur- ance" requh ~~ you to provide such coverage or the end of the policy period, whichever 15 earlier. 3. The insurance provided to the additional insured by lh\s endorsement is excess over any valid end collectible "other insurance", whether primary, excess, contingent or on any other basis, that IS avarlable to the additional insured for a loss we cover under this endorsement Howeve:, jf the "written contract requiring insurance" specifically requires that this insurance apply on a primary UC:ls/s or i:f primary amI Ilorl-wlllriLJu(ury Oasis, this insurance is primary to, "other insurance" available to the additional insured which covers that person or oroanization 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 stilt is excess over any valld and collectibie "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or or9anlzation is an additional insured under such "other insur- ance" , 4. A~ A r.nnriition of r.nvArAop. prnvlrtAci to thp. additional insured by this endorsement: a) The additional insured must give us written notice as soon R~ pr::tcticable of an "occur- rence" or an offense which mc:lY result in a claim. To the extent possible, such notice should ;nclude: @ 2005 Tht:: 51. Pi::Iul TrdVtflt:m:i Compi::lnit:::i, Ifltj, PC:t~t: 1 ur 2 1.J\J'-'\..I.l.l.,",~ "''''-.A. .....""""..."" VA....#............ COMMERCIAL GENERAL LIABILITY i. How, when end 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. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics oflhe 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 SOU" CiS praclicCiult:t. c) The additional insured must immediately send us copies of all legal papers received in connection with the clair:, or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Pi:1~~ 2 ur 2 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 prima.ry to Itother insur- ance" avallable to the additional insured which covers (hat person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to 3ECT'ON V. - DEFINITIONS: "Written contract requiring insurance" means lhat part of any wrillen contract or egreement under whIch you a.re 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" ;s 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 TIJ~ Sl. Paul Tr~vt:llt:!f~ CUll1pc:lr1i~~. Irlli. CG D2 46 08 O~ r~' CITY RECORDER CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000903 PACIFIC PAVING, INC POBOX 2370 WHITE CITY, OR 97503 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Page 1 / 1 ~~ SHIP TO: Ashland WWTP (541) 488-5348 1295 OAK STREET ASHLAND, OR 97520 Req. No.: Dept.: PUBLIC WORKS Contact: David Gies Confirming? No Pave trench on Faith Avenue Trench 580' x 41 Contractor to furnish and install 4" of asphalt over trench patch approximately 2,602sf Contract for Services Date of aQreement: 10/01/2008 BeQinninQ date: 10/01/2008 Completion date 11/01/2008 Insurance required/On file BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 735.00 0.00 0.00 9,735.00 N~i~:tf;ure VENDOR COpy ----~-T - request for a Purchase Order REQUISITION FORM CITY Of ASHLAND Date of Request: 9"~9..tJr THIS REQUEST IS A: o Change Order( existing PO # Required Date of Delivery/Service: Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name Pa/!'-Ple "f{; vj .N'~ SOLICITATION PROCESS Small Procurement o Sole Source 0 Invitation to Bid o Less than $5,000 o Written findings attached (Copies on file) o Quotes (Optional) o Quote or Proposal attached Cooperative Procurement 0 Reauest for Proposal o State of ORNJA contract (Copies on file) Intennediate Procurement o Other government agency contract 0 Special I Exempt ~ (3) Written Quotes 0 Copy of contract attached 0 Written findings attached (Copies attached) 0 Quote or Proposal attached 0 Contract # 0 Emeraencv 0 Written findings attached 0 Quote or Proposal attached Description of SERVICES f;:; lie ...;-;.~ jt/ clt ~,AI ;:;, fit Ill! ~ . fl.f lid- .q;,. .5 to I X If ( ~Per attached PROPOSAL Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project Number _ _ _ _ _ _ - _ __ o Per attached QUOTE Account Numbe~z[ -t2f. -L'l-I!.f!.-dfd.J.fP_O * Items and services "-,ust be charged to the appropriate axount numbelS for the financials to reflect the actual expenditures accurately. By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be provided upon request. Employee Signature: lJ:ud L---- Supervisor/Dept Head Signature: I..:1J c.... ~ ---.- --