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HomeMy WebLinkAbout2008-215 Contract - Pacific Paving 10/28/2008 10:08 5418304612 PACIFICPAVINGINC PAGE 02 PROPOSAL SUBMI1TED TO: ent NA aterD STkEET t Between Idaho &:. Harrison STATE c 90 N MountaiD. Ashland STATE OR 97520 ITY We hereby submit spec:i.fic8tions and estimaIEs fur: Ashland Commercial patchina 1. Fumish and instal14" of asphalt over trench patch approximately 2)90sf. ~TO AOCJ.tI..'lIl' SIO'N" & RETn Rl"i '1'01-" OO~y We 1lereby1ftpole to ~ !he atKm WIor aIldlllltcMl$ in ~..nth the IIbcm; spedi1c:ationl. to, the !IlIIII of: ...Eight Thousand Five Hundred Sixty Five and 00/100... . *..$8,565.00..* dolhn ($ ) TERMS; CIsh Oft ~ Qfjab~ anIcss oCbet ~..~ lie..... in writiIJI. A 2% 1* mooIh FINANCE CHARGE witl be 8dcIed on an past clue ~, ... ANNUAL PERCENTAGE RATE Of 1""- In tile ~ II1Y baI80cC iR 1Urned o.ert() lID lIttOrT1C1 foe coIla(lO. or if allWSUlt is filed to dleet any bfdaN:e. inclodin& It'PC*1&ft'Om uW. the: 1)mIIlq pMty sblll be c:ndtIed to lib AWOnIbIo ~ fees _1'eIIOIIIbk: expenses of~ such ... invcsdption. ~ provilicul ~ tnd od1Cflib~. All __ is ~1IIleed to be. spcdfic4. All wm:.. be c~ in a ~lib IIIiP1CI' 8CCOl'ding to!ltmdlrd ~ Arrt iItt:ttdon or devittian ttom II\w;M specmc.tioal in.voMbgldclitiOnlt wvdt IIIClcma c:QSt!; will bcalme III ~ c:bIrgc over end above 1bc estiIIB. 1f!lUbblle"or bMe is ~ by odIas.1beft ~ is limad liy ....urlan_ldp. The ROI1'IJII soil ttaiJ~ 1)I'OCCSS win not kill. tMXlS of ~on Iltd we will aot be n:spot1Sibk fbr -r dfImatpI ~ due to the ~ ofV~"~' All ~~mtI\tS comiJtF1t 1ipOD. stn" accickrd5 or clellys beYond our ~t. Ifthis,Q;lIIbad ~ $1.000, the owner ~ RC:eipt aftbe "InbmItion Nodocto H~ Uout ~on Uc;ns." This propoul maybe ~ by us if~ ~ withbt 30 days. CC8 f.SO&15 Eslim8IorfJ/1h- r.J. 4~f TcrryWSimcoe .. 1/o::L~ ... 7J Acceptance of Proposal The above pri<<:s. 6Pecificalions and conditions arc: s.nmdory aftd are hereby acceptc;d. You art authorized to ,do all of the work as specified. Payment will be made as outlined above. Sipatunt 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: 10/30/2008 FAX: 541-830-4612 BEGINNING DATE: 10/31/2008 COMPLETION DATE: 11/21/2008 COMPENSATION: Not to exceed $8,565.00 per attached proposal dated 10-28-2008 GOODS AND SERVICES TO BE PROVIDED: Furnish and install 4" of asphalt over trench patch, approximatelv 2,290sf. Location: Holly Street, Between Idaho & Harrison 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, 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 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 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, 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.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 ~hall 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 QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 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, includino coveraae 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. AdditionallnsuredlCertificates 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 Council or 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. C~NTR~CTOR ~ BY \. ~l , C' ignatur 0(.: E.-/l-- Print Name ~ ITY2..bIf\'? · CITY OF ASHLAND: BY ~ TITLE DATE DATE \ \. ~. Oi CONTRACT AWARD AND FINDINGS DETERMINED BY: By: c... ~ artment Head Date: *Completed W9 form must be submitted with contract PURCHASE ORDER # ?/l (I Rg;f@ tfJ{fJ~tJ;Z (For City purposes only) tl ~ ~ t:;-6 ...., 1t:L--& FederallD# ~A \ObLt-to~\ ACCOUNT # 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 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: 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. tl- 3-o&' Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 4 of 9 Form W-9 Request for Taxpayer Identification Number and Certification Give fonn to the ~.quester. 00 not send to the IRS. Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do hot have a number, see How to get 8 TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. C$rtification (Rev. October 2007) Department of the Treasury Interned Revenue $ervice Name (~ shown on your income tax return) to '\1~ 3 Taxpayer Identification Number (TIN) o Exempt payee Requester's name and address (optionaO I Social aecuity number , , or Under penalties of perjury, I certify that 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not sUbject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notifiecl me that I am .no longer subject to backup withholding, and 3. I ama 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,aoquisition or abahdonment of secured property, cancellation of debt, contributions to an individual retirement arrangemeht (IRA), ahd generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructi<>ns on page 4. ~~~ I~~":::f.. (:&~ Gen.eralln.struction.s Section references are to the Internal Revenue Code unless otherwise noted . Purpo.se of Form A person who is reqUired to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) t~ 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 for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. 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. Oat$~ \\.3.0~ " DennlUon 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 isa 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-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 income from the partnership conducting a trade or business in the United States is in the following cases: . The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 5 of 9 10/28/2008 10:08 5418304612 PACIFICPAVINGINC PAGE 02 PROPOSAL SUBMITTED TO: JOB NAME Ho t NA bland Water De artment STREET Ashland STATE OR 97520 CITY Between .Idaho & Hamson STATE CITY We hereby submit spccifiC8tions and estimatES fur: Ashland Commercial Patchina 1. Furnish and install 4" of asphalt over tren.ch patch approximately 2~290sf. ".to .AOOF,;.l:"T SI>":f,lt.T 11_ ~'. f . "A P( '1."'<1 .1:a!J .l'{J ..t~- '1'0 I-~ oO:P.'Y We hereby lffilPOllC to tuTni'!:h Ihe aboV': l(lbot' 3I'Id m8tcri~l$ in acccmlanQC with tllC above SJ)eClflcatiOllB, rOf tho !rom of: ***Eight Thousand Five Hundred Sixty Five and 00/100... ***$8,565.00."'* dolhlrs ($ ) TERMS; Cash (In completioJl of job~ unless other ommgrnnents are made in writing. A 2% per moo1h FINANCB CHARGE will be added on all past d\lc IlCCOunts.. an ANNUAl.. PERCENTAGE. RATE Of ~~%. In the cvc:nt ony balaocc iR turned over to an attorney fot ooJlection. or jf alftWSUit is filed to collem: any balance, ineluding appcallt ftom tri~l. the prevailing party shall be entitled to Ms reasonable Jttomey fees .d 1'e8.wna'bJe expenses ofliti,,"ion, such Jill investigation, deposition, provisional proocs~ and other like e?tPenscs. All materilll is gtJAtDDteed to be as specified. All work W he completed In a workmanlike matlncr according to 5tm1dBrd pTllctices. Any 81~lon or devililtinn ftoom llbove specificatiQM involving additional work and mra costs will be~ame BR extra charge over and above the tstimatt. If !lubbase and/Qr ballc is prepltlCd by others. then guaramcc i~ limited bY worlcmlUlShip. The normal soil stmliz$ion process mil not kill all ~es of vcsttation aod we wil1 not be re!il)ons1ble for any damaged pavement dut to the growth of vegctBtion. All agreemertts eontingcnt I1pon strike!l., ac:t;ideni5 01' delays beyond our IXlnt1'Ol. [fthis oontract exoeedtl $1.000~ the owner acknowlcd~ l'e(1eipt of the "Informmion Notiec to Homeovro~ about ~tlon U~rr.i. II This proposal may be withdrmvo hy us ifnot ft~oepted within 30 days. CC8 1#50&35 ~~ocikv 0. 4~. Acceptance of Proposal Terry W Simcoe -. The above prices. specifications BJld conditions are satisfactlJI)' $nd are hereby accepted. you arC authorized to do all of the work as specJficd. Paymont will be made as outlined above. SignatUJ'6 Date.- ACORD", CERTIFICATE OF LIABILITY INSURANCE OP ID SU I DATE (MMIDD/YVYY) 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 NAIC# INSURED INSURER A: SAIF Corporation - Salem INSURER B: .-- Pacific Paving, Inc. INSURER C: - I 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 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRC TYPE OF INSURANCE POLICY NUMBER '~IjN~TriMrlfrl',w)t: I P8H~YI~tAib~IN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ f-- UAMA\jt: I U Ht:N Il:U -- COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ f-- ~ CLAIMS MADE D OCCUR -- MED EXP (Anyone person) $ --- I-- -----~.- PERSONAL & ADV INJURY $ -- I-- GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ n n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- $ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY f-- $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO -- OTHER THAN EA ACC $ .-- AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ ---- ------.- - - ----...----- $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X IT~~l~~Ws I IOJ~- A EMPLOYERS' LIABILITY 812919 10/01/08 10/01/09 $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 500,000 ~~~~I~tS~~~~~?~~s~elow -- E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERA TIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE : All Operations CERTIFICATE HOLDER CANCELLATION CITAS 02 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 City of Ashland 90 N Mountain Ave. Ashland OR 97520 @ACORD CORPORATION 1988 ACORD 25 (2001/08) Date: To: Company: Phone: Fax: BEE C HE, R"""",'ii(!AR LSON . Insurance Agency, LtC f'1)n1H.'rly J B ~K 1~1~;K sr'HVICT". LLC I:f\ 6_~~r RA ~~~; 1V11!=I AJ~ AMB48E61 E0050C2 10/3/2008 1 :28:28 PM Num of Pages: (including cover) The City of Ashland From: Direct Phone: Direct Fax: 5414885320 Email Address: ___._.._....________.._...___._n___.._._~_____.~_._.____ ._____ 5 Am ber L. Slattery 5414942655 5414942755 _ ~.m ber.s_@ttery@be~ch~~carlson ,c~~__ 707 Murphy Rd, Medford, OR 97504 (541)772-1111 Main (541)772-3785 Fax CA License #OF09618 OR License #816307 WA License lt252204 ::U '''i rn I., i ,. A CORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 10/3/2008 PRonur.ER (541)772-1111 FAX: (541)'7'72-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Beecher Car1.son In.surance Agency LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERllFICATE DOES NOT AMENDl: EXTEND OR 707 Murphy Rei AL TER THE COVERAGE AFFORDED BV THE pOLlcr S BELOW_ --- Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC ff INSURED IN;;'l'RER A Travelers - Pacific Paving Inc IN,c.''iith ~j Developers Surety & PO Box 2370 INSlJf;'ER C IN::;lRFf; f) White City OR 97503 IN~,lJRER E, COVERAGES I HI:: POLICIES O~ INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PCR'AIN, THE It-JSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE liMITS SHOWN M,n.y HAVE BEEN REDUCED BY PAID CLAJMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION I.TR INSRO TYPE OF It~SURANCE f>OllCY NUMBER DATE IMMIDDIYY) DATE IMMIDDIYY\ LIMITS GENERAl. LIABILITY EACH \'C :~URR[N ::E 'f. -- 1,000,000 ~ 04.111\;:;[' 10 !:':t:h'TED X U)MMl:h:L1f\1. i;t"t:k".Al. 1I/\H LilY P?.FMISE~ / ECl ou:urrf:pr.,,' $ 100,000 ~ :=J CL.'^JM3 MADE ~ "CCUR 3/20/2009 A X DTC0526DS417TILOS 3/20/2008 ME.D F ,ZF (.'\r.~ '.I""" l'i8rs,':l1 \ ,t 5,000 ~ PERSOI.J/,L & N.N IN-un $ 1,000,000 ---~_.- --.. -..- - I;ENE~Al AC,(;RE(;AT[ $ 2,000,000 ,-,on ...,c,,~~?E:,/ITE l.iMIT N::'PLlE" PER DO'\r\II('T<C; _ CCM"/Ol" At;!; $ 2,000 000 ~. n PR()- r"f X FOLlCY J::CI Lac: AUTOMOBILE LIABILITY C(;MUINFD .,INGLE LIMII 1,000,000 - ,IE,,=; :f(Y'/(lpntl $ ~ f\J'U ill no A I'lL OlfvNI:D AI.IT0:3 DTR10526D8417TIL08 3/20/2008 1/20/200Q ~L.'I["l\i_ \ (\L{E~'t I-- ':'r.r r.1(~rr.Ofi) $ - ,~,HI::()I ILh) ^LJH',~; X ,., r.E'(.A"T,Y.: r;1)[Ji_,' 1~I.A!r,y - -.- \"'8r ilCCldfJil{ I $ X r,ON-O\Y1\r::rJ I\UTD~. - - PR:JPERTY D,W^GE $ (:>H"r.rirl.>nl) GARAGE LIABILITY "UTO ON_Y - '~j\ACCIDE\lT $ ==l ,\NY '\I.IT,) 01 -IErl THAN b\ACC .~ A,.!1;.) n:..J' '( N;C, j; ..- FXC:FSS/UMRRFI I A I IARIIITY E^CH ':'C ~~URr~E~L:1:. $ ~ 'KCI.IP o '-:LAIM~; MPDE /,(;(',111 '(,A 1- :f, !f: ==l DEDUCTIBLE $ -..--- PETF~JT ('hi 1 $ WORI<ERS COMPENSA TION AND '~~n~'4s I 10TH rFi -.- EMPI OVERS' LIABILITY ANY C\P',)!~P.IET0R/PAP.T'~ERiEXECI./TII/E EL Ej\n: ^CClDI=\JT $ -- OFFIC "J.;:/MFMFlFR n<\.11 Inn)? r-_ L DI~E^"'>l: . E/\ ':'.MF'l.() n:J:: ~, 11\11"" (It:Y~crltlr- IJncl:;r SF1' elf,1 "P()V I::;IONS h~lmv "L DISeASE - POLil: Y LIMIT $ B OTHER Contractor's License 7B 6010C 7/1/2008 7/1/2011 Limit $20,000 Bond DESCRIPTION 010 OPERA TIONs/LOCATIONSNI:HICLE:S/EXCLUSIONS ADDED BV ENDORSEMENTISPECIAL PROVISIONS The City of Ashland, it's officers, agents and employees: are included as additional insured as respects to general 1.: <'<.hility per CG D246 08/05 where required by written contract. This Eorm is subject to policy terms, r.oncl.it~ons, and E!xc'lusions, _n_. CERTIFICATE HOLDER 1(541) 488-5320 The city of Ashland, its officers, agents and employees 90 North Mountain Avenue Ashland, OR 97520 CANCELLATION I SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER 'MLL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTlflCArE HOLDER NAMt::D TO THE LEfT. ClUI FAILURE TO 00 SO SHALL IMPOSE NO OBUGA TION OR LIABILITY OF ANY KINO UPON THF INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ^ Slatta=y, CI3R!AMBE /) Ii /)-. (A.4 1 (T SI'7 tt..cJ"- @ACORD CORPORATION 1908 ACORD 25 (2001/08) INS025 ifl10f) ('0" 1-';:1(.1(' ~ f") COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADD~TIONAL 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) \0 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 "personallnJLJry"; and b) If, and only te 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 thai the limits of Insurance of 'hi~ r.nv~r;:l!Jp. P::trt ~hnwn in thp. ()p.r:I~r:l.tinn~ exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured sr.alf be limited to the limits of riabHity re- quired by that "written contract requiring in- surance" This endorsement shall not in- crease the Ii mits of inGurance de~crjbed in Section III - Limits Of Insurance. b) The insurance provided to the additional in- E;urAd d('JAS nol apply to "bodily injury", "prop- erty damage" or "personal injury" ansing out of the rendering of, or failure to render, any professional architectural, engineering Dr sur. veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, SUN9YS, field or- ders or change orders, or the preparing, approving, or faili ng to prepare or ap- provc, drawings and specifications; and ii. Supervisory, inspection, architectural Dr engineering activities. CG 02 46 08 O~ The insurance provided to the additional in- sured does not apply 10 "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written conlract requiring insurance" specifically requires you to providc euch covcrngc for thnt additional insured, c;nd 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 ti me for which the "written contracl requiring insur- ance" requir ~~ you to I-llOvide such coverage or the end of the policy period, whichever is earlier, 3. The insurance provided to the additional insured by this. endorsement is ex.ce5S 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 Howev8~, jf the "written conlroct requiring insurance" specifically requires thai this insurance apply on a primary uasls or <:I primary awl IIUlH."(J(llriuulury l.Jasi~, 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 cOllectlb,e'otner Ir\- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organlz.ation is an additional Insured under such "other Insur- ance", 4. A~ r:l r,onrlition of r.OW:m.1QP. rrnvlrlArl tn thp. addItional Insured by thIS endorsement a) The additional insured musf give us wriflen notice as soon 8~ I'r~cticable of an /loccur,- rence" or an offense which mC1Y result in a claim. To the extent possible, such notice should Include: @ 2005 TtJ~ SI. Pi::lU1 TrCivt:l~n:i CUIIl~C1nitl::i, Irlt,;, Pi:1!:1t: 1 u( 2 COMMERCIAL GENERAL UABILI rv i. How, wtlen Elnd where the "oocurrence" or offense took place; ii. The names and addresses of any injured persons Elnd witnesses; and iii. The nature and location of any injury or damage arisi ng out of the "occurrence" or offense. b) If a claim is made or "suit" is broughl against the additional insured, the additional insured must: i. Immediately record the specifics of lhe claim or "sult" and the dale 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 ~ourr CIS pr~clica\JIH, c) The additional insured must immediate:.ly send us copies of all legal papers receIved in connection wI1h the clair':l or "SUIt", coop13rate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise cDmply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Pd8e 2 ur 2 any provider of "other insurance" which would cover thc Ddditions) insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance rrnvided to the additional insured by this endorsement is primary to "other Insur- ance" available to the additional insured which COV13rs that person or organization as a named insure<:! as described in paragraph 3. above. !), The following definition IS added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that port of any wrilten contred 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 damClge" oc- curs and the "personal injury" is caused by an offense cDmmitted: a. After the signing and execution of the contract or agreement by you; b. While lhat part of the contract or agreement is in effect; and c. Before the end of the policy period @ 2005 Tilt:: 51. Pi::lul Tri:lVl:1ler~ Cur npclr lie::;, lIlt;, CG D2 46 08 O~ Page 1 / 1 r~' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 r -::--1 VENDOR: 000903 PACIFIC PAVING, INC POBOX 2370 WHITE CITY, OR 97503 SHIP TO: Ashland Water Department (541) 488-5354 90 N MOUNTAIN ASHLAND, OR 97520 FOB Point: Tenns: Net Req. Del. Date: Speciallnst: Req. No.: Depl: PUBLIC WORKS Contact: Terry Oldfield Confinning? No Furnish and install 4" of asphalt over trench patch approximately 2,290sf. 8,565.00 Contract for Services Date of aareement: 10/30/2008 Beainnina date: 10/31/2008 Completion date: 11/21/2008 Insurance reQuired/On file BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 8 565.00 0.00 0.00 8,565.00 AP~ VENDOR COpy A request for a Purchase Order REQUISITION FORM CI.TY OF ASHLAND Date of Request: THIS REQUEST IS A: D Change Order(existing PO # Required Date of Delivery/Service: Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name f 4- c.. l F l. c..... {/4u I 'l1 C, f~CJ,~o)C ~3'lO LV /.t I rF c.. l r-y . a..e 541- '} '1 ~ .- tit!" (, b'il - 1) 0 - W,L?- 9 ? )0 3 SOLICITATION PROCESS Small Procurement o less than $5,000 o Quotes (Optional) mediate Procurement (3) Written Quotes (Copies attached) o Sole SourCe o Written findings attached o Quote or Pro sal attached Coooerative Procurement o State of ORIWA contract o Other government agency contract o Copy of contract attached o Contract # o Invitation to Bid (Copies on file) o Reauest for ProDOsal (Copies on file) o Soeciall ExemDt o Written findings attached o Quote or Pro sal attached o Emeraencv o Written findings attached o Quote or Pro sa attached Description of SERVICES ~\~Cje) S'~ A--s-r~T' P~4<'o "Al l1-o'--{. sr .>f?Ht..' d41L / o/fllcJi' r/I'JI.r~: 1J.4-~. /,; :z.'10f' o Per attached PROPOSAL Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project Number ______ - ___ Account Number f,J,.f) df- J1-(J:2- _~Q~!tPO .. Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. o Per attached QUOTE 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: ~ O..it.f.;:(/ SupervisorJDept. Head Signatu~ c.. ~ G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc Updated on: 10/30/2008