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2015-045 Contract - Cut n Break Construction
Contract for GOODS AND SERVICES Less than $25,000 C I T Y OF CONTRACTOR: Cut'N Break Construction, Inc. ASHLAND CONTACT: John Lawton, President 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 1455, Medford, OR 97501-0108 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-779-1482 DATE AGREEMENT PREPARED: February 24, 2015 FAX: 541-772-1913 BEGINNING DATE: March 1, 2015 COMPLETION DATE: March 31, 2015 COMPENSATION: $2,950.00 per proposal attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Repair slide gate at WWTP per proposal attached as Exhibit C and drawing attached as Exhibit D. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted In a manner that will not conflict with the said primary City of Ashland Contract. 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. 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 27913.220, 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 $20,142.20 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 b City under an of the following Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 1 of 5 + I 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. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, 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.110 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 contractor 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 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 Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,066 or Not Applicable for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability 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 a licable. Contract for Goods and Services Less than $25,000, Revised 0710812014, Page 2 of 5 d. Notice of cancellation or change. 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 contractor's insurance is primary and non-contributory. 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, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 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 arty wcpk may begin under this contract, 21. Certification. tors I sign the certification attached hereto as Exhibit A and herein incorporated by refereinne. Contractor; City of Ashland By 1. r By Signatur Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 3 of 5 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 qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 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) 1 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. ontractor (Da e) Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 4 of 5 4 CUT `N BREAK CONSTRUCTION INC. P.O. Box 1455 Medford, OR 97501-0108 CCB License #72046 541-779-1482/FAX 541-772-1913 John Lawton, President February 20, 2015 City of Ashland Water Waste Treatment Plant Att: Peter 541-326-1039 541-552-2413 smeenkp@ashland.or.us Job Site: Ashland Waste Water Treatment Plant This proposal is to repair slide gate as per drawings. ❖ Repair spalled concrete as per drawing ❖ Core drill and install stainless steel all thread, nuts and washers EQUIPMENT, MATERIAL, AND LABOR: $2,950.44 When saw cutting, Cut N Break Construction, Inc. is not responsible for any damage to anything in or below the concrete. This includes water lines, electrical line, sprinkler systems, etc. Your signature indicates that you have read this notice and fully understand the limits of Cut 'N Break Construction, Inc. responsibility. Billing and Payment Procedures: Invoices are presented on completion, of work. Invoices are due and payable upon receipt. Delinquent invoices are subject to 1 1/2% monthly on unpaid balance. We accept Visa and MasterCard for your convenience. Should you have any questions or need any additional information regarding the above proposal please do not hesitate to contact this office. Signing oAofth' and returning it in the enclosed envelope indicates acceptance of this proposal. Thank youJohn LawPresident ACCEPTED By: Date: THIS ESTIMATE IS GOOD FOR 30 DAYS! 3 t W z'"~g ~ ~ x ~ 1 = ~ !l iapl.,l h Jwal.p y e m aM Rb ~O Q ~O ~ 0 b D~ ~ c Pe 4• '..~a gpa o ~ > ~ Alf ~m rr~ 'q"eiap ~ ^$S~~'e~i=$s~m pa e~ bid p~a 6g0 ot'MiL k~ .i••t~M~4~0! ~~g bn0 ~b' `So ~ ♦.4~~a nr 8b '0 `IiJP~t~°c««~ic° N~ tl~ yy+ ~<pm' ~ym~~e ~RCP..~Mc<{{E~f~ao!$cR°L° N~~~`yy1p°+ .7}T~? .l ml IO .N..M ~.~-I tl~•..'lah •~.yNO t~N qqO y40 HYIS mGpQ Qe CCe m ~ppV ep V tlu ~~~yyy {{aa ` L pp o po i+ , ppp ~gry~~U b~Ngi`m~$g4+~q^6 QO e0~~G~C~~~~ IZ~ e taatyy.. az C RRR==• y. M C $4ga .tp+ _ Nyp ~ Y TTI H o3 Y3 1 SS. ov t •rod.H .Zl • E .xa; 8TJL t,# C7 a ~ 1 i i i 1 l r I 77 N~ fA b v i x® it I~' 1 ~ ~1 ~ , I .if, ( i 3 £ ~ 01 r ~U `UW 1=ai °n¢Yina • I-- .8 (2 o-W.Sl (6 U . 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Y c ~y '+¢ti m¢a^I¢ Oc 0 N CdQ c ma CM wi+ +1M 3• co mO Mt O~pm m1~k 1d E 'Ya YW C 0Y J 1.Lr-.o.LV~o-.oEC~~cLOao.,~m O W W.- m 001 O qz ma m OW O Olp~f~re i¢ C m mC~+/4+..O Ow m++ Lo I p H O) w mom. i+ ` m .U ~..C t) co + ~ Co` m L U y F. omo++" Id (7.96 V9 sslos f)69d„9 •Zl ~$$a • nFi •Z,awft o Q 066 trr~M (•j gw ark ti# o~„9"L W#@NZI m m -cq U Vin W ~ O r r I 1 I \ W x® Q ~mwl i II ti Product Data Sheet Edition 7.24.2014 SikaGroutO 212 SikaGrout® 212 High performance, cementitious grout Description SikaGroue 212 is a non-shrink, cementitious grout with a unique 2-stage shrinkage compen- sating mechanism. It is non-metallic and contains no chloride. With a special blend of shrinkage-reducing and plasticizing/water-reducing agents, Sika- Grou? 212 compensates for shrinkage in both the plastic and hardened states. A structural grout, SikaGrout® 212 provides the advantage of multiple fluidity with a single component. SikaGrout 1212 meets ASTM C-1107 (Grade C). Where to Use ■ Use for structural grouting of column base plates, machine base plates, anchor rods, bearing plates, etc. ■ Use on grade, above and below grade, indoors and out. ■ Multiple fluidity allows ease of placement: ram in place as a dry pack, trowel-apply as a medium flow, pour or pump as high flow. Advantages ■ Easy to use, just add water. ■ Multiple fluidity with one material. ■ Non-metallic, will not stain or rust. ■ Low heat build-up. ■ Excellent for pumping: Does not segregate, even at high flow. No build-up on equipment hopper ■ Superior freeze/thaw resistance. ■ Resistant to oil and water. ■ Meets ASTM C-1107 (Grade C). ■ Shows positive expansion when tested in accordance with ASTM C-827. ■ SikaGroue 212 is USDA-approved. Coverage Approximately 0.44 cu. ft./bag at high flow. Packaging 50-lb. multi-wall bags; 36 bags/pallet Typical Data (Material and curing conditions @ 73°F (23°C) and 50% R.H.) RESULTS MAY DIFFER BASED UPON STATISTICAL VARIATIONS DEPENDING UPON MIXING METHODS AND EQUIPMENT, TEMPERATURE, APPLICATION METHODS, TEST METHODS, ACTUAL SITE CONDITIONS AND CURING CONDITIONS. Shelf Life One year in original, unopened bags. Storage Conditions Store dry at 40°-95°F (4°-35°C). Condition material to 65°-75°F be- fore using. Color Concrete gray Flow Conditions Plastic' Flowable' Fluidz (ASTM C-109, Plastic & Flowable; ASTM C-939, Fluid) Typical Water Requirements: 6 pt.+ 6.5 pt. 8.5 pt. Set Time (ASTM C-266): Initial 3.5-4.5 hr. 4.0-5.0 hr. 4.5-6.5 hr. Final 4.5-5.5 hr. 5.5-6.5 hr. 6.0-8.0 hr. Tensile Splitting Strength, psi (ASTM C-496) 28 day 600 (4.1 MPa) 575 (3.9 MPa) 500 (3.4 MPa) Flexural Strength, psi (ASTM C-293) 28 day 1,400 (9.6 MPa) 1,200 (8.2 MPa) 1,000 (6.8 MPa) Bond Strength, psi (ASTM C-882 modified): Hardened concrete to plastic grout 28 day 2,000 (13.7 MPa) 1,900 (13.1 MPa) 1,900 (13.1 MPa) Expansion % (CRD C-621) 28 day +0.021 % +0.056% +0.027% Compressive Strength, psi (CRD C-621) 1 day 4,500 (31 MPa) 3,500 (24.1 MPa) 2,700 (18.6 MPa) 7 day 6,100 (42 MPa) 5,700 (39.3 MPa) 5,500 (37.9 MPa) 28 day 7,500 (51.7 MPa) 6,200 (42.7 MPa) 5,800 (40 MPa) 'CRD C-227:100-124% (plastic), 124-145% (flowable) ACRD C-611: 10.30 sec efflux time. PRIOR TO EACH USE OF ANY MA PRODUCT, THE USER MUST ALWAYS READ AND FOLLOW THE WARNINGS AND ® INSTRUCTIONS ON THE PRODUCT'S MOST CURRENT PRODUCT DATA SHEET, PRODUCT LABEL AND SAFETY DATA SHEET WHICH ARE AVAILABLE ONLINE AT HTTP:I/USA.SIKA.COM/ OR BY CALLING SIKA'S TECHNICAL SERVICE DE ARTMENT AT 800.933.7452 NOTHING CONTAINED IN ANY SIKA MATERIALS RELIEVES THE USER OF THE OBLIGATION O READ AND FOLLOW THE WARNINGS AND INSTRUCTIONS FOR EACH SIKA PRODUCT AS SET FORTH IN THE CUR- RENT PRODUCT DATA SHEET, PRODUCT LABEL AND SAFETY DATA SHEET PRIOR TO PRODUCT USE. D20 How to Use Surface Preparation Remove all dirt, oil, grease, and other bond-inhibiting materials by mechanical means. Anchor bolts to be grouted must be de-greased with suitable solvent. Concrete must be sound and roughened to a CSP 4 or higher to promote mechanical adhesion. Prior to pouring, surface should be brought to a saturated surface-dry condition. Steel should be cleaned and prepared thoroughly by blastcleaning to a white metal finish. Follow standard industry and Sika guidelines for use as an anchoring epoxy. For pourable grout, construct forms to retain grout without leakage. Forms should be lined or coated with bond-breaker for easy removal. Forms should be sufficiently high to accommodate head of grout. Where grout-tight form is difficult to achieve, use SikaGroutO 212 in dry pack consistency. Mixing Mix manually or mechanically. Mechanically mix with low-speed drill (400-600 rpm) and Sika mixing paddle or in appropriately sized mortar mixer. Make sure all forming, mixing, placing, and clean-up materials are on hand. Add appropriate quantity of clean water to achieve desired flow. Add bag of powder to mixing vessel. Mix to a uniform consistency, minimum of 2 minutes. Ambient and material temperature should be as close as possible to 70°F If higher, use cold water; if colder, use warm water. Product Extension: For deeper applications, SikaGroue 212 (plastic and flowable consistencies only) may be extended with 25 lbs. of 3/8" pea gravel. The aggregate must be nonreactive, clean, well-graded, saturated surface dry, have low absorption and high density, and comply with ASTM C33 size number 8 per Table 2. Add the pea gravel after the water and SikaGrout® 212. Application Within 15 minutes after mixing, place grout into forms in normal manner to avoid air entrapment. Vibrate, pump, or ram grout as necessary to achieve flow or compaction. SikaGrour212 must be confined in eitherthe horizontal or vertical direction leaving minimum exposed surface. SikaGrout® 212 is an excellent grout for pumping, even at high flow. For pump recommendations, contact Technical Service. Wet cure for a minimum of 3 days or apply a curing compound which complies with ASTM C-309 on exposed surfaces. Tooling & Finishing After grout has achieved final set, remove forms, trim or shape exposed grout shoulders to designed profile Limitations ■ Minimum ambient and substrate temperature 45°F and rising at time of application. ■ Minimum application thickness: 1/2 in. ■ Maximum application thickness (neat): 2 in. However, thicker applications can be achieved. Contact Sika's Technical Services Department (800-933-7452) for further information. ■ Do not use as a patching or overlay mortar or in unconfined areas. ■ Material must be placed within 15 minutes of mixing. ■ As with all cement based materials, avoid contactwith aluminum to prevent adverse chemical reaction and possible product failure. Insulate potential areas of contact by coating aluminum bars, rails, posts etc. with an appropriate epoxy such as SikadurO Hi-Mod 32. RIOR TO EACH USE OF ANY SIKA PRODUCT, THE USER MUST ALWAYS READ AND FOLLOW THE WARNINGS AND INSTRUCTIONS ON THE PRODUCT'S MOST CURRENT PRODUCT DATA SHEET, PRODUCT LABEL AND SAFETY DATA HEET WHICH ARE AVAILABLE ONLINE AT HTTP://USA.SIKA.COM/ OR BY CALLING SIKA'S TECHNICAL SERVICE DE- PP ARTMENT AT 800.933.7452 NOTHING CONTAINED IN ANY SIKA MATERIALS RELIEVES THE USER OF THE OBLIGATION O READ AND FOLLOW SHE WARNINGS AND INSTRUCTIOM FOR EACtt SIKA PRODUCT AS SET FORTH Sri THE CUR PRODUCT DATA SHEET, PRODUCT LABEL AND SAFETY DATA SHEET PRIOR TO PRODUCT USE. KEEP CONTAINER TIGHTLYCLOSED. KEEP OUT OF REACH OF CHILDREN. NOT FOR INTERNAL CONSUMPTION. FOR INDUSTRIAL USE ONLY. FOR PROFESSIONAL USE ONLY. For further Information and advice regarding transportation, handling, storage and disposal of chemical products, users should refer to the actual Safety Data Sheets containing physical, ecological, toxicological and other safety related data. Read the current actual Safety Data Sheet before using the product. In case of emergency, call CHEMTREC at 1-800424-9300, International 703-5273887. Prior to each use of any Sika product, the user must always read and followthe warnings and instructions on the product's most current Product Data Sheet, product label and Safety Data Sheet which are available online at http://usa.sika.coml or by calling Sika's Technical Service Depart- ment at 800-933-7452. Nothing contained in any Sika materials relieves the user of the obligation to read and followthe warnings and Instruction for each Sika product as set forth in the current Product Data Sheet, product label and Safety Data Sheet prior to product use. SIKA warrants this product for one year from date of installation to be free from manufacturing defects and to meet the technical properties on the current Product Data Sheet If used as directed within shelf life. User determines suitability of productfor intended use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALL APPLY INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIKA SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR SPECIAL OR CONSEQUENTIAL DAMAGES. SIKA SHALL NOT BE RESPONSIBLE FOR THE USE OF THIS PRODUCT IN A MANNER TO INFRINGE ON ANY PATENT OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS HELD BY OTHERS. SALE OF SIKA PRODUCTS ARE SUBJECT SIKA'S TERMS AND CONDITIONS OF SALE AVAILABLE AT HTTP://USA.SIKA.COM/ OR BY CALLING 201-933-8800. Visit our website at usa.sika.com 1-800-933ZIKA NATIONWIDE Regional Information and Sales Centers. For the location of your nearest Sika sales office, contact your regional center. • ® Sika Corporation Sika Canada Inc. Sika Mexicans S.A. de C.V. y~ sy 201 Polito Avenue 601 Delmar Avenue Carretera Libre Celaya Km. 8.5 `h Lyndhurst, NJ 07071 Pointe Claire Fracc. Industrial Balvanera 7r Phone: 800-933-7452 Quebec H9R 4A9 Coregidora, Queretaro «e,ro ciao x Fax: 201-933-6225 Phone: 514-697-2610 C.P. 76920; Fax: 514-6942792 Phone: 52 442 2385800 Fax: 52 442 2250537 Sika and SikaGmt are registered trademarks. Printed in Can ads. ada. a - CLEA9 RASTIC STEM COVER 1 If'~r)SOl Tlw eel w.c~ y -1 roTra lacTn l.~ 43/4- i FRAME I1 STW 15Ji 1 IS BLOQ NI~.94LTI7EM ~ ♦8/~ + 1]SOIIAIE ~rr~ur Aw STFMLBIGTH I~ ~3/a ~ OFFSET CASI'fIPEOESTAL - - SIDE II.~I ANCFDN BOLT IAYOUT FON LFT 2y I1Ir--~1 s) $DE WB W DEVIfF OET,LL fi-I DIA.%16 HK11ON-T. - TW 19ff, AD.151NG bIf A1D2 WASIEf15 FA.g164TJ 11 ~ 31/' MAX J- ~11 - I)9.W II 6W WAGE M~iE SOE ' 5EK B MQER 41n I I/l aDl? FDO% 9TFM GIDE 2-5/B pA.%bA1U1af 91n MAX. IETANBI BAN can wnR 2 MITS APD ANOCRB0.T5 ~ ~ TWW IWASIEII EA. 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MASTC NOT BT HY9iO) RE98lf SEALBOTIGM 10651FM fftlBEU GNdff FLL AFi9i ~ GATE NSTMIATDH SKID BOLT IAYdR 555 2Yf-11299 96O`ID ~d~ SEE FETAL FON CIFARAI%E ONFAa W 1HY$E BY COSBA09 Oak 'L t 3® ~i c N LVrr_! `.tl a -rD p r ? r„ l ice! rt~ 's%~ ~ sl's < rt rt I' eat r~; ~ - , y y r A~ Rn CERTIFICATE OF LIABILITY INSURANCE 2/25/2215 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. H SUBROGATION 13 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 endorsements). PRODUCER CONTACT NAME: Susan Wilson, AAI, AIC Brown & Brown Northwest PHONE (541) 772-1111 IFAIC. No: (541) 772-3785 3256 Hillcrest Park Drive E-MAIL .swilson@bbnw.com INSURERS AFFORDING COVERAGE NAIC # Medford OR 97504 INSURER A American Hallmark Ins Co of TX 43494 INSURED INSURERB:SAIF Corporation 52412 Cut N Break Construction Inc INSURER C:Wes tern Surety Company 13188 P 0 BOX 1455 INSURER D: INSURER E : Medford OR 97501-0108 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1441133481 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 WTH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR SUWVD ER LTR POLICY NUMBER MM OD/YYYY MM/ DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY X DAMAGE O RENTED PREMISES Ea occurrence $ 100,000 A CLAIMS-MADE a OCCUR 4CL44930207 /13/2014 /13/2015 MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINE SINGLE LIMIT Ea accident $ 1 000 000 X ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED 4CL44930207 4/13/2019 /13/2015 BODILY INJURY (Per accident) $ AUTOS AUTOS DAMAGE NON-OWNED Per accident) ER$ HIRED AUTO S AUTOS Medical payments $ 5,000 A X UMBRELLA LIAB X OCCUR 4CU48427000 7/1/2014 /13/2015 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ 10,000 $ B WORKERS COMPENSATION X TW'C Y STA ITU- ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E. L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A 89003 10/1/2019 10/1/2015 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 C BOLL Bond (Statutory) 0106243 6/5/2014 6/5/2015 limit: $30,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is requited) Re: Job Site - Ashland Waste Water Treatment Plant. General Liability policy includes Additional Insured coverage, Primary & Non-Contributory, Per Project Aggregate and Waiver of Subrogation as required by written contract per endorsement MP97671010 (attached). Subject to policy terms, limits, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION smeenkp@ashland.or.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, N071CE WILL BE DELIVERED IN The City of Ashland, Oregon and its elect ACCORDANCE WITH THE POLICY PROVISIONS. officials, officers and employees AUTHORIZED REPRESENTATIVE Attn: Peter 20 East Main Street Ashland, OR 97520 S Wilson, AAI, AIC/SU ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005).01 The ACORD name and logo are registered marks of ACORD ARTISANS ADVANTAGE ENHANCED COVERAGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM COMMERCIAL PROPERTY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE FORM When this endorsement is attached to the policy, insurance under the Building and Personal Property Coverage Form, the Causes of Loss - Special Form, the Commercial Property Conditions and the Commercial General Liability Coverage Form is enhanced to provide the coverages described in this endorsement. All other conditions of the policy continue to apply. This coverage is subject to the provisions applicable to the Building and Personal Property Coverage Form, Causes of Loss - Special Form, the Commercial Property Conditions and the General Liability Coverage Form. SCHEDULE Coverage Enhancements Limits of Insurance Each Location Property Coverage Premises Boundary 1,000 feet Property Coverage Extensions Newly Acquired or Constructed Property Buildings $500,000. at Each Building Business Personal Property $250,000. at Each Building Personal Effects and Property of Others $ 25,000. at Replacement Cost Valuable Papers and Records (Other than Electronic Data) $ 25,000. Property Off-Premises (Including Laptops and Other Electronic Equipment) $ 15,000. Outdoor Property (Named Perils) $ 1,000. per tree/shrub, max. limit $25,000. Non-Owned Detached Trailers $ 10,000. Accounts Receivable $ 50,000. Property in Transit (Including Laptops and Other Electronic Equipment) $ 15,000. Fine Arts $ 25,000. Property Additional Coverages Debris Removal $ 25,000. Fire Department Service Charge $ 5,000. Pollutant Clean-up and Removal $ 15,000. Electronic Data $ 25,000. Interruption of Computer Operations $ 15,000. Arson Reward $ 5,000. Water Back-Up and Sump Overflow $ 25,000. Brands and Labels $ 25,000. Employee Theft $ 10,000. Business Income Including Extra Expense $ 25,000. Business Income from Dependent Properties $ 10,000. Claims Expenses $ 10,000. Inventory or Appraisal Cost $ 5,000. Money and Securities Inside $ 10,000. Outside $ 5,000. Off Premises Power Failure - Direct Damage $ 10,000. Ordinance or Law Coverage Coverage A Included within Building Limit. Coverages B and C Combined 25% of Bldg. Limit, $150,000. maximum Outdoor Signs $ 10,000. Recharging of Fire Extinguishers $ 5,000. Unauthorized Business Card Use $ 5,000. Forgery or Alteration $ 10,000. Salespersons Samples $ 2,500. MP 97 67 10 10 Includes copyrighted material of Insurance Services Office, Inc. and Page 1 of 25 American Association of Insurance Services, Inc., with their permission Inland Marine Coverages Installation Coverage $ 10,000. Contractors Egtipment Coverages: Small Tools $ 5,000. (Maximum limit per item $1,000) Employee Small Tools $ 1,000. (Maximum limit per item $250) Leased and Rented Equipment $ 5,000. Rental Reimbursement $ 1,000. General Liability Additional Coverages Blanket Additional Insured (Including Primary Non-Contributing Coverage) Included in Each Occurrence Limit Mobile Equipment Broadened Coverage Included in Each Occurrence Limit Aggregate Limit Per Project Included in Each Occurrence Limit Blanket Waiver Included in Each Occurrence Limit Voluntary Property Damage Coverage $ 2,500. The following applies to coverages under this endorsement only. Property Coverage The phrase within 100 feet of the described premises' used in Paragraphs a.(5)(b), b. and c.(2) under A.1. Covered Property of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Paragraph 2.c.(1) under C. Limitations of the CAUSES OF LOSS - SPECIAL FORM is replaced by the phrase 'within 1,000 feet of the described premises'. Property Coverage Extensions Paragraph A.5. Coverage Extensions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted in its entirety and replaced by the following: 5. Coverage Extensions Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 1,000 feet of the described premises. If a Coinsurance percentage of 80% or more or, a Value Reporting period symbol, is shown in the Declarations, you may extend the insurance provided by this Coverage Part as follows: a. Newly Acquired Or Constructed Property (1) Buildings If this policy covers Building, you may extend that insurance to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at locations, other than the described premises, intended for: (i) Similar use as the building described in the Declarations; or (ii) Use as a warehouse. The most we will pay for loss or damage under this Extension is $500,000 at each building. (2) Your Business Personal Property (a) If this policy covers Your Business Personal Property, you may extend that insurance to apply to: (i) Business personal property, including such property that you newly acquire, at any location you acquire, at any location you acquire other than at fairs, trade shows or exhibitions; (ii) Business personal property, including such property that you newly acquire, located at your newly constructed or acquired buildings at the location described in the Declarations; or (iii) Business personal property that you newly acquire, located at the described premises. The most we will pay for loss or damage under this Extension is $250,000 at each building. (b) This Extension does not apply to: (i) Personal property of others that is temporarily in your possession in the course of installing or performing Page 2 of 25 Includes copyrighted material of Insurance Services Office, Inc. and MP 97 67 10 10 American Association of Insurance Services, Inc., with their permission work on such property; or (ii) Personal property of others that is temporarily in your possession in the course of your manufacturing or wholesaling activities. (3) Period of Coverage With respect to insurance on or at each newly acquired or constructed property, coverage will end when any of the following first occurs: (a) This policy expires; (b) 30 days expire after you acquire or begin construction of that part of the building that would qualify as covered property; or (c) You report values to us. We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as covered property. b. Personal Effects And Property Of Others (1) You may extend the insurance that applies to Your Business Personal Property to apply to: (a) Personal effects owned by you, your officers, your partners or members, your managers or your employees. (b) Personal property of others in your care, custody or control. This Extension does not apply to employee tools. (2) The most we will pay for loss or damage under this Extension is $25,000 at each described premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. (3) Extension Of Replacement Cost To Personal Property Of Others (a) Replacement Cost coverage is extended to apply to personal property of others. (b) Paragraphs 3.b.(1) and 4. under G. Optional Coverages of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM are deleted and all other provisions of the Replacement Cost Optional Coverage apply to replacement cost on personal property of others. (c) With respect to replacement cost on the personal property of others the following limitation applies: If an item of personal property of others is subject to a written contract which governs your liability for loss or damage to that item, then valuation of that item will be based on the amount for which you are liable under such contract, but notto exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. c. Valuable Papers And Records (Other Than Electronic Data) (1) You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage to valuable papers and records that you own, or that are in your care, custody or control, caused by or resulting from a Covered Cause of Loss. This Extension includes the cost to research lost information on valuable papers and records for which duplicates do not exist. But this Extension does not apply to valuable papers and records which exist as electronic data. Electronic data has the meaning described under Property Not Covered, Electronic Data. (2) Coverage under this Extension is limited to the "specified causes of loss" as defined in the CAUSES OF LOSS - SPECIAL FORM, and Collapse as set forth in that form. (3) This Extension does not apply to: (a) Property held as samples or for delivery after sale; (b) Property in storage away from the premises shown in the Declarations. (4) Section B. Exclusions in the CAUSES OF LOSS - SPECIAL FORM does not apply to this Extension, except for: (a) Paragraph B.1.c. Governmental Action; (b) Paragraph B.1.d. Nuclear Hazard; (c) Paragraph B.1.f. War And Military Action; (d) Paragraph 13.2.f.; (e) Paragraph B.2.g.; and (f) Paragraph B.3. (5) The most we will pay under this Extension for loss or damage to valuable papers and records in anyone occurrence at each described premises is $25,000. For valuable papers and records not at a described premises, the most we will pay is $5,000 in any one occurrence. MP 97 67 10 10 Includes copyrighted material of Insurance Services Office, Inc. and Page 3 of 25 American Association of Insurance Services, Inc., with their permission Page 1 / 1 ASHLAND CITY OF DATE "PO NUMBER 11FAI& 20 E MAIN ST. 3412015 12754 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 004823 SHIP To: Ashland WWTP CUT N BREAK CONSTRUCTION INC (541) 488-5348 PO BOX 1455 1295 OAK STREET MEDFORD, OR 97501 ASHLAND, OR 97520 FOB Point: Ashland, Oregon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: David Gies Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Repair broken concrete around membrane 2,950.00 influent qate at WWTP. Contract for Goods and Services Beginning date: March 1, 2015 Completion date: March 31, 2015 SUBTOTAL 2,950.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 2,950.00 ASHLAND, OR 97520 Account Number Project Number Amount` Account Number Project Number Amount E 675.08.19.00.60240 2,950.00 Aut rked Signature VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: day-/S ~i Required date for delivery: Vendor Name Cc~ `/V /'!"AID ~nSf/'Uc 7L/~ Address, City, State, Zip B-P K ss Contact Name & Telephone Number 92,5-VI - o l D~ Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exem tion: El Invitation to Bid (Copies on file) El Form #13, Written findings and Authorization ❑._AMp. - Date approved by Council: ❑ Written quote or proposal attached Written quote or proposal attached Sinall Procurement Cooperative Procurement Less than-$5,000 Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award DI to approved by Council: Contract # \ rVerbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate-Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other govemment agency contract $5,000 to $100.000 ❑ Written quote or proposal attached Agency (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES El Special Procurement Intergovernmental Agreement $ ,000 to $75,000 El Form #9, Request for Approval Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost A7 11, 41"A-en Gvn cI' m f e czPdd.✓ct! iy6Mnl~ efl Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1061-19 a., P'oe'r ~'04 4- ?s 0 Na t c°X cr'c oo . TOTAL COST [(Per attached quote/proposal $ 'g'96-0 4010 Project Number AccountNumbe(7S Account Account "Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. 1T Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition form, I certify tha the City's public contracting requirements have been satisfied. l Employee: a4mz eZ::x:=' - Department Head: q` kS (qual to o ,000) ~ Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equalto orgreaterthan $5,000) Date Comments: