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HomeMy WebLinkAbout2019-023 20190250 Ryerson & CO SERVICES AGREEMENT PROVIDER: Ryerson & Co. CITY OF PROVIDER'S CONTACT: Mike Ryerson ASHLAND 20 East Main Street ADDRESS: 3395 Edella Avenue Ashland, Oregon 97520 Central Point, OR 97502 Telephone: 541/488-5587 PHONE: 541-664-4905 Fax: 541/488-6006 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Ryerson & Co., a domestic business corporation ("hereinafter "Provider"), for Influent Channel Repair at the Wastewater Treatment Plant. 1. PROVIDER'S OBLIGATIONS 1.1 Provide Influent Channel Repair at the Wastewater Treatment Plant as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page I of 5: Agreement between the City of Ashland and Ryerson & Co. 1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $10,400.00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $10,400.00 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. Page 2 of 5: Agreement between the City of Ashland and Ryerson & Co. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Proposal dated 09/24/2018. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. Page 3 of 5: Agreement between the City of Ashland and Ryerson & Co. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until 12/31/2018, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland - Public Works Department Attn: Chance Metcalf 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5587 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Ryerson & Co. Attn: Ryan Ryerson 3395 Edella Avenue Central Point, OR 97502 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9. 1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: Page 4 of 5: Agreement between the City of Ashland and Ryerson & Co. (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has `aithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other re;ief available ender this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: RYERSON & txO. l R): ~T- By: By: Signature ature n ~Aul~c c Printed Name Pnnted Name Title Title O LT Zo Id' ld - 2 - / Date Date is to be submitted with this signed Agreement) Purchase Order No. 4;7- D tl ( o Page 5 of 5: Agreement between the City of Ashland and Ryerson & Co. Supporting Documents Ryerson & Co. A Specialty Contractor September 24, 2018 PROPOSAL Ashland WWTP 1295 Oak Street Ashland, OR 97520 Project: Grit Channel Repair The Contractor Ryerson & Co. agrees to provide all labor, material and equipment necessary to complete the following: Prepare and make repairs to grit channel as specified by PPG The work described above shall be completed in a substantial workmanlike manner in accordance with standard practices for the sum of. Ten Thousand Four Hundred Dollars 10,400.00) Payment is to be made upon percentage completion. Any alterations or deviations from the above specifications involving extra costs for labor or materials will be executed only upon receipt of written orders for the same and will become an extra charge over and above the sum mentioned in this contract. The Contractor agrees to carry public liability insurance, license and bond as required by the state of Oregon. Any lawsuits that may occur due to nonperformance or nonpayment will entitle the winning party to collect reasonable attorney fees and court costs. Signed: Date: Mike Ryerson ACCEPTANCE 1 / We authorize Ryerson & Co. to furnish all labor, materials and equipment necessary to complete the work as described in the proposal above for which the undersigned agrees to pay the amount stated in said proposal and in accordance with terms thereof. This proposal is valid for thirty days unless signed and authorized within 30 days. Signed: Title: Date: 3395 Gdella Avenue Central Point Oregon 97502 (VIM 160496 Phone (541)664-4905 Fax (541)664-7649 September 20, 2018 City of Ashland, Public Works 51 Winburn Way, Ashland OR 97520 Attn: Chance Metcalf, Engineering Project Manager SUBJECT: Coating of Influent Channel, Ashland WWTP Dear Sir, Petrochem is pleased to submit our pricing to perform the specified work for the Influent Channel in accordance with the specifications and recommendation of PPG representative Mr. Ron Watts. Petrochem will provide all labor, equipment, materials and insurances to perform this Scope: • Clean substrate for coatings application in accordance with SSPC SP1 • Abrasive blast clean concrete surfaces to be coated in accordance with CSP 3-5 • Apply Amerlock Sealer to all surfaces, 2 mils DFT • Fill bug holes honey combs and voids with Amerlock 114A • Apply two coats Novaguard 840 at 12-16 mils DFT per coat Pricing: Lump Sum price is $31,126.00 (Thirty One Thousand, One Hundred Twenty Six Dollars and no Cents). Clarifications: • Petrochem will perform all work in accordance with SSPC guidelines. • Petrochem will require access to perform its work unimpeded by other crafts • Petrochem will not accept any liquidated damages for delays outside its scope of work. • Petrochem will require written notice for mobilization • Payment terms are net 30 Thank you for the opportunity if you have any questions or require further clarification please call me at 360-839- 3758. Sincerely, Athanasios Zac Koussouris I Senior Project Manager Petrochem Insulation MBE-ANC 6811 NE 131s' Avenue Vancouver, WA 98682 Phone: 360-256-4366 Cell: 360-8379-3758 Zac. koussou ris@ Petrochem i nc. com - O 360.256.4366 © 360.256.4396 Pe t ro t h e mi n c. c o m WA Lic. PETROC199OKP Ill- 11- °nti • ~r~firLLnr • Tn °!St 1',J t ^ t =,1 c r,!( f ~ I . P- *'At'lt , e. Corltin^,;• R movat,le BlA,;I,, <r„5 F, Lorid ^,i„itomen, • Firenroofinc -:)t ravine Northwest Branch - 6811 Northeast 131ST Avenue Vancouver, WA 98682 www.petrocheminc.com - O 360.256.4366 - 0 360.256.4396 P e t ro c h e m i n c. co m WA Lic. PETROC199OKP Northwest Branch - 6811 Northeast 1315T Avenue Vancouver. WA 98682 Simpson & Associates SDVOSB, LLC. A SERVICE DISABLED VETERAN OWNED SMALL BUSINESS Building Better Worlds September 18th, 2018 To: Chance Metcalf / City of Ashland Public Works Concrete Prep Grinding Re: WWTP Influent Channel Concrete Repair Project Polishing Shotblasting Chance - Your proposal for the Concrete Repair and Coating of the Influent Channel is Scarify listed below. As we discussed, we are quoting this emergency repair project as a T&M Concrete Repairs Project with an NTE value. Crack Repair Spalls Slab Curl Section of Work Quotation Trip Hazards Structural Repair and Coat influent Channel Carbon Fiber Crack Injection Includes the following Scope: Concrete Finishes 1. Sand Blast /Mechanically prepare concrete: Hardeners a. Pre-Clean all surfaces Densifiers b. Remove Existing Coating Sealers Moisture Vapor Control c. Prepare Concrete to CSP 3-5 2. Install Temporary Protection/Dam at influent entrance Joint Sealants a. This will be completed after existing water is removed by others Joint Repair Floor Joints 3. Apply 2 mils of Amerlock Sealer - Pre-Formed 4. Repair Concrete Defects; i.e. Rock PocketsNoids/Honeycombs/Uneven Bottom Mechanical Surface with Amereoat I I4A Resinous Flooring 5. Apply 2 ocats of NovaGuard 840 at 12-14 mils per coat Epoxy 6. Provide Ventilation / Heat as needed Urethane Polvurea Labor: $ 23,515. MMA Materials: $ 6,900 Special Coatings Equip/Sundries: $ 4,460. Containment $ 34,875. (NTE) Tank Immersion Conductive Clarifications' Dissipative 1. Labor Rates are Attached. Equipment Rates are available for Owned equipment. Rental Equipment/Materials/Sundries are at cost plus 20%. Waterproofing Elastomeric 2. Probable project Duration is 7 days. Full Cure for Return to Service is 5 Days. Fluid Applied 3. We are authorized and approved Installers of nearly ALL major Resinous Coating Sheet Membrane manufactures. Bentonite 4. Channel considered turned over to us Pumped Clean and free of Debris. Waterstop Injection 5. MVT Testing and remediation is not included. Facilities Served 6. No Coating Considered at Metal Brackets /Equipment Mounts Manufacturing 7. We have considered that we will have access to power at the facility. 240 V/50 amp Food Service Pulp Paper for Temp Power Boxes. Chemical 8. Waste Disposal (including containers) considered provided by others and is not Warehouse included in this quotation. Retail Correctional MEMBER OF F,ducational MEMBER OF • _ Transportation * INTERNATIONAL - (,V,) VOCONCRETE REPAIR Water Treatment I N S T I T U T E American Concrete Institute' Defense 4druncigG (-cmre know led{y' P.O. Box 1587 Medford OR 97501 • Phone 541.816.4172 • Fax 541-816.4173 • www.simpassoc.com • OR CCB#197207 9. Coatings follow the contour of surface. Dimples or ponding areas in coating may occur from concrete defects i.e., Cracks, bug holes, divots, soft concrete, concrete not properly sloped to drain; customer will be advised for approval of additional repairs. 10. TERMS: NET 30 11. Projects requiring subrogation or bonding subject to 5% Fee. In the event of termination of contract -S&A LLC -shall be paid a flat fee of 3% of contract value. 12. We have NOT considered BOLI Wages for this project. 13. Please see attached Standard Bid Clarifications Page. T:,„. P. Jo. Tim P. Simpson Jr., CSI ICRI MVT Testing Technician Simpson & Associates SDVOSB, LLC. "A Semite Disabled Veteran owned Business" Industrial Coatings/Concrete Repair & Restoration Emerging Small Business (ESB) Certification # 10392 Service-Disabled Veteran Business Enterprise (SDVBE) Certification # 10392 American Concrete Institute Member # 1137848 International Concrete Repair Institute # 50658 u,%vw.simpassoc.com 541-944-9539 -mobile 541-816-4172 -office t Standard Clarifications Attachment Project Name: City of Ashland WWTP Influent Channel Clarifications to our quotation; Temporary Heat and Enclosures: Unless specifically included in our quotation language we have not considered or included any temporary heat or temporary enclosures to facilitate work on this project. Power Temp Lighting. Jobsite Storage, Water& Waste Disposal: Unless specifically included in our quotation language we have not considered or included any temporary power, material storage containers, Temp Lighting or water to facilitate work on this project. Waste disposal facilities provided and maintained by others. Sequencing of Work All quotes subject to Engineering/Architectural approval and our interpretations of specifications of Specifications and Drawings should they be provided. Temporary structures or enclosures are considered provided and maintained by others. Damage To our Finished Work We have not included any costs associated with repairing damage caused to our work by other trades. Any costs associated with having to re-prep or refinishing damaged surfaces will be charged to the general contractor/ or owner who can distribute the charges to others. As a General Contractor or owner you may wish to include a contingency fund in your job costs to cover any damage repairs. Damage repairs will not proceed without a written Change Order authorizing such repairs from the General Contractor or owner to our firm. Our rates for damage repair for straight time are at $ 95.50 hr. plus materials, equipment, travel, Lodging & Per Diem at cost plus 15%. Overtime is calculated at I & %z times the straight time rate. Anyjobsite cleanup of finished, repaired or otherwise prepared surfaces at end of project prior to acceptance of work by General Contractor, Owner or other Installers to be by others. Acceptance of Substrates We make every effort to point out deficiencies in substrates prior to beginning our s work so that other trades such as cement masons can properly complete their work prior to our beginning work. We do not approve or accept the work of others. Moisture Vapor Transmission Issues of any kind are the responsibility of the General Contractor/ Owner. We have not included, unless specifically included above, any MVT Testing or remediation. Other Trades sometimes attempt to utilize our prime coats as a surface to more readily identify repairs to their work. This is considered to be damage to our finish & you may wish to advise them that we will bill you on a back charge basis for having to re-prime/re-trowel surfaces they repair. We typically do not proceed on any work until we are requested to by your field supervision after they have had an opportunity to inspect and approve substrates with or without the architect. Collection If any payment by Client is not received in a Timely manner or in accordance with any clarifications listed above, then interest shall accrue at the rate of 1.5% per month on all unpaid amounts. In addition, Client shall pay all collection costs and attorney's fees incurred in collecting past-due accounts, including costs and fees incurred at mediation, trial or appeal. Submitted By, T''L u P. SEmpsoLjr. Tim Simpson Simpson and Associates SDVOSB, LLC. Simpson & Associates SDVOSB, LLC created 9-18-2018 PO Box 1587 Medford, OR 97504 Ph. 541-816-4172 Fax 541-816-4173 Email tsimpsonirAcharter.net Cell Ph. 541-944-9539 Re: Rate Quotes for City of Ashland- WWTP Project Labor Rates Day Rate/Hr. Night Rate/Hr. Overtime Rate/Hr. Concrete Repairs & Overlays, 85.50 88.50 118.25 Crack Injection, Dustproofing & Clear Penetrating Sealers Project Supervisor- All Types Work 91.10 95.10 129.00 Off-Site Labor Rate Credit 10.00 11.00 15.00 Rate Reduction)(See Note*1) Note *1 - For work we perform at shop or in mobilizing your project we charge less then the quoted rates which are your site rates. In all categories we will credit your labor rate the Credit as shown for shop/mobilization, which includes mobilization at shop and delivery to the work site (we anticipate approx 24 man-hours for mobilization). ti A PROPOSAL # 180919-04 F.D. THOMAS, INC. To: City of Ashland Proposal Date Wednesday, _ Proposal Expiration Date Attention: Chance Metcalf Monday, October 2018 Project Ashland WVVfP Channel Coating FDT License # OR 71234 FDT Contact: Mike Kostenko FDT Contact FDT Contact Phone: 541-864-1619 Email: MikeK(a)fdthomas.com - L Proposal: We propose to furnish all labor, material and equipment per the specifications below for the prices as listed. In addition the scope clarifications and exclusions are a part of the proposal and must be considered as part of any contract entered into at a later date pertaining to this proposal. In order to provide a Payment and Performance bond, the schedule, terms and conditions of the contract must be agreed upon. In no circumstance regardless of the specifications will FDT provide a bond for longer than 3 years after completion of the project. This bid is subject to and conditioned upon the use of the American Institute of Architects contract Form A401 (ed. 2007) or such other terms and conditions acceptable to F.D. Thomas, Inc. (FDT) Scope Overview: Per recommendation from Ron Watts PPG. BASE CONTRACT PRICING • Item # Description Unit Price Quantity UOM Amount 1 Channel Surface prep and coating $ 42,500.00 1 LS $ 42,500.00 TOTAL $ 42,500.00 We thank you for the opportunity to provide this quote. If you have any questions please feel free to contact us. Sincerely, Mike Kostenko 541-864-1619 FD Thomas, Inc. 217 Bateman Drive Central Point, OR 97502 Page I oft Tab: 1.41-Proposal Letter File: 180919-04 Ashland WW-FP Ver 2018-06-22.xlsm d r FD Thomas, Inc. CLARIFICATIONS & EXCLUSIONS Ashland WWTP Channel Coating Proposal is Subject to Conditions Below F.D. Thomas, Inc. (FDT) i Item Description of Clarification or Exclusion CLARIFICATIONS: Sufficient dry storage space appropriate to our material storage requirements are to be proved at no cost to FDT. 1 Storage areas are to be located in areas convenient to our work and from which we will not be required to remove our materials except as needed for the completion_ of our work . 2 Our proposal is based on usin PPG product line for our primary coating products. _ 3 Bond costs are not included in this proposal. If a bond is required it will be subject to the standard terms of our surety and will cost approximately 1.5% of total contract value. EXCLUSIONS: 1 FDT will not be liable for liquidated damages outside of agreed upon schedule. 2 Overtime, holiday, or weekend work. 3 Providin an type of enclosures for inclement weather. 4 Dehumidification. 5 Heatin to provide acceptable substrate conditions as specified b the materials ecifications. 6 Ventilation beyond FDT needs for Worker Permissible Exposure Limit. (PEL) This includes odor control for areas outside FDT work that does not exceed the PEL. 7 Clean-out of waste and sewage by-products, decontamination, disinfecting of structures or surfaces in our work area. Page 2 of 2 Tab: 1.42-Clarif. & Excl. File: 180919-04 Ashland WWTP Ver 2018-06-22.xlsm Additional Contractors Contacted 1. Cut N Break (541-821-8150) (lawtontanner a,yahoo.com) (Tanner) Emailed/Called (Declined the offer due to timeline and abilities) 2. Crete Co (541-621-8332) (Justin) Called (Declined the offer due to timeline and abilities) 3. Concrete Concepts (541-944-4817) (concreteconcepts(?charter.net) Emailed/Called (No Response) 4. Advanced Concrete Construction (541-732-0169) (danaporter(a)advancedconcretemedfordor.com) Emailed/Called (No Response) 5. Purdy Construction (541-840-8437) (Chad) Called (No Response) 2 A & CERTIFICATE OF LIABILITY INSURANCE lo104/oa/ DATE 2018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subjeetto 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 Ileu of such endorsement(s). PRODUCER T Lod Tabuyo NAME, Uttle River Investments Pnc NN Ea (541) 536-1726 A,C No: (541) 536-1568 51477 Hwy 97 EA LL se lost@bancorpinsumnce-cam P.O. Box 327 WSURERIS) AFFORDING COVERAGE NAIC0 La Pine OR 97739 INSURERA: Am Hallmark Ins Co of TX INSURED INSURERS: Ryerson & Co. INSURERC: 3395 Edella INSURER D: INSURER E: Central Point _ OR 97502 INSURER F: COVERAGES CERTIFICATE NUMBER: CLIBID425143 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 CONTRACTOR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R POM EF PO P LIMITS LTR TYPEOFINSURANCE INcp WVD POUCYNUMBER MIOD/YYYY MMIDD/YYYY X COMMERCIALGENERALLJABILITY EACH OCCURRENCE S 1.000,000 IENTED CLAIMS-MADE OCCUR PREMISES Eagcwnence S 100,000 MED EXP(An one mon S 5.000 A Y Y 44CL428764 10/28/2017 1012812018 PERSONALSADVINJURY S 1,000,000 GENLAGGREGATE UMU APPLIES PER GENERALAGGREGATE S 2,000,1300 Poucy EIECITT ❑ LOC PRODUCTS-COMP)OP AGO S 2,000,000 OTHER Employment Related a 100,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea Ga gftl ANYAUTO BODILY INJURY (Per person) 5 OWNED P SCHEDULED BODILY INJURY (Per aoddenO 5 AUTOS ONLY AUTOS HIRED NON-0WNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY pera S X UMBRELLA LUIS OCCUR EACH OCCURRENCE S 1,000,000 A EXCESSUAB CWMS-MADE 44CU611501 10/0412018 1012812018 AGGREGATE S DED RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' UABIL17Y YIN PTATUTE ERµ ANY PROPRIETORIPARTNER)EXECUTIVE ❑ NIA E-L EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Man&IoWn NH) E.L. DISEASE-EA EMPLOYEE 5 If yes, desoao under DESCRIPTION OF OPERIkT10NS below E.L. DISEASE-POLICY LIMIT S DESCRIPMONOFOPERATIONSILOCAMONSIVEHICLES (ACOR0101,AdditiomlRe ft Sahedule,maybaamchedlrmomaOccismquimd) Certificate holder is listed as an Additional Insured per ENRMP9767 t0 10 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street AUTHORIZED REPRESENTATNE Ashland OR 975201 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 1 (5) Vandalism and malicious mischief; or (6) Theft. c. The following is added to A.2. Properly Not Covered of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: I r. Property while stored or operated underground In connection with any mining operations. d. The following is added to Paragraph 2. of B. Exclusions of the CAUSES OF LOSS - SPECIAL FORM: n. We will not pay for loss or damage caused by puncture, blowout and road damage to tires and tubes mounted on vehicles. However, we do pay for puncture, blowout or road damage caused by a specified peril. o. We will not pay for loss caused by humidity, dampness, dryness or changes in or extremes of temperature. p, We will not pay for loss caused by the weight of a load which, under the operating conditions at the time of a loss, exceeds the registered lifting capacity of any equipment or machine. q. We will not pay for loss due to theft or mysterious disappearance from any vehicle or attached container. We will pay for loss due to burglary when there are signs of forcible entry to a locked vehicle or container. e. E.7. Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: 7. Valuation We will determine the value of covered property in the event of loss or damage as follows: a. At actual cash value at the time of the loss (with a deduction for depreciation) except as provided in Paragraphs b. and c. following. b. Pair orSet. The value of a lost or damaged article which is part of a pair or set is based on a reasonable proportion of the value of the entire pair or set The loss is not considered a total loss of the pair or set c. Loss to Parts. The value of a lost or damaged part of an Rem that consists of several parts when it is complete Is based an the value of only the lost or damaged part or the cost to repair or replace it. 2. Rental Reimbursement In the event of loss by a covered peril to covered contractors' equipment that you own, we will reimburse you for your expense to rent similar equipment while your equipment is inoperable. The most we will reimburse you for rental reimbursement expenses is $1,000. We will continue to reimburse you for the rental of equipment after the expiration date of this coverage provided the loss occurred before the expiration date. We will not reimburse you: a. If you can continue or resume your operations with similar equipment that is available to you at no additional expense to you; or • b. For the rental expense of any equipment unless you make every reasonable effort to repair, replace or rebuild the inoperable equipment after the covered loss occurs. 3. With respect to this Additional Coverage, Contractors Equipment Coverage, Section D. Deductible of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: D. Deductible We will not payfor loss ordamage in any one occurrence until the amount of loss or damage exceeds $500. We will then pay the amount of loss or damage in excess of $500 up to the applicable limit of insurance. We will not reimburse you for the rental of equipment until after 72 hours have passed since the covered property was rendered inoperable. After 72 hours have passed, we will only reimburse you for the rental expense that you actually incur. The deductible of $500 does not apply to rental reimbursement expenses. General Liability Additional Coverages The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Blanket Additional Insured Coverage 1. SECTION 11-WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to Include as an insured any person or organization (referred to as Additional Insured) whom you are required to add as an Additional Insured on this policy under a. A written contractor agreement; and b. Where a certfffcate of insuranceshowing that person ororganization as an additional Insured has been issued; and Page 20 of 25 Includes copyrighted material of Insurance services Office, Ina and MP 97 67 10 10 American Association of Insurnce Services, Inc., with their pannisslon j c. When the written contract or agreement and certificate of insurance are currently In effect or becoming ineffect during the term of the policy and executed prior to the "bodily injury," "property damage," or "personal and advertising injury." 2. The insurance provided to the Additional Insured is limited as follows: a. The Additional Insured is only an additional insured for: (1) "Bodily injury; "property damage"or"personal and advertising injury' caused in whole or in part bynegligent acts or omissions of the Named Insured or anyone directlyor indirectly employed bythe Named Insured or for whose acts a Named Insured may be liable. (2) Liability arising out of your ongoing operations for the Additional Insured by or for you. A person's or organization's status as an insured under this coverage ends when your operations for that insured are completed. b. The Limits of Insurance applicable to the Additional Insured are those specified in the written contractor agreement but not more than the Limits of Insurance specified In the Declarations for this policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations for the Named Insured. 3. In addition to the other exclusions applicable to Section I, Coverages A., B. and C. of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, the Insurance provided to the Additional Insured does not apply to: a, "Property damage" to: (1) Property owned, used, occupied by, loaned or rented to the Additional Insured; (2) Property in the care, custody or control of the Additional Insured or over which the Additional Insured are for any purpose exercising physical control; or (3) "Your work" performed for the Additional Insured. b. 'Bodily injury," "property damage; or 'personal and advertising Injury" arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services foryou, forthe Additional Insured or for others, including, but not limited to: (1) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, Inspection or engineering services. c. "Bodily injury' or "property damage" occurring after: (1) All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project 4. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, is amended to add the following subparagraph: d. Additional Insured's Other Insurance As Excess Insurance To the extent required by an 'insured contract," this insurance is primary on behalf of the Additional Insured; and any other Insurance maintained by the Additional Insured is excess and not contributory with this insurance. If the insured contract does not require this provision, then Paragraph a. above will apply. B. Mobile Equipment Broadened Coverage V.121(1) of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following: (1) Equipment designed primarily for. (a) Snow Removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning. Except the above provisions do not applyto self-propelled vehicles of less than 1,000 pounds gross vehicle weight which are not intended for use on a highway. C. Aggregate Limit Per Project The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to you. MP 97 67 10 1D Includes mloy,ighted material of Insurance Services Office, Inc and Page 21 of 25 American Assodafim of insumncs services, Ina, vfth their permission I I D. Blanket Waiver of Transfer Of Rights Of Recovery Against Others To Us The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against anyperson or organization to whom you bywritten contract orwritten agreement have waived your own right or recoveryfar loss caused by that person ororganization because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a written contract or written agreement with that person or organization and included in the "products-completed operations hazard." This provision does not apply unless the written contract orwritten agreementhas been executed prior tothe 'occurrence' or offense giving rise to the 'bodily injury" or "property damage," E. Voluntary Property Damage Coverage 1. We will, at your request, paybut not defend anyclalm for"propertydamage"to the property of others otherwise excluded under A2.j.(4), (5) and (6) of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM provided that: a. Such "property damage" takes place while such property Is In your care, custodyor control, or is property of others over which you, for any purpose, are exercising or have exercised physical control; and b. Such "property damage" takes place away from any premises you own, rent or lease; and c. Such "property damage" takes place within the "coverage territory" and during the policy term; and d. Such "property damage" takes place onlydliring youroperations that are known to us, are scheduled on the Policy and for which a premium has been charged. 2. The insurance under this additional coverage does not apply to "property damage" to property. a. Held by you for servicing, repair, storage or sale at premises owned by, rented or teased to you; b. While being transported by orceusedby the ownership, maintenance, operation, use, 'loading or unloading"of any "auto," watercraft or aircraft; or c. Owned or occupied by or rented to you. 3. Deductible This additional coverage will apply only to that amount of airy loss in each "occurence" that exceeds $500. The terms of the policy with respect to your duties in the event of occurrence," claim or "suit" and the Company's right to investigate, negotiate and settle anyelaim or 'suit" apply Irrespective of the application of the deductible amount of $500. We may pay any part or all of the deductible amount of $500 to effect settlement of any claim or "suit:' Upon notification of the action taken, you must promptly reimburse us for such part of the deductible amount as has been paid by us. 4. Limits of Liability The Limit of Liability for this additional coverage shall not exceed $2,500 for each "occurrence" and is the limit of the Company's liability for all damages on account of each claim or "suit" covered herein. The annual aggregate Limit of Liability Is $2,500 and is, subject to the above provisions respecting each claim, tha total limit of the Company's liability for all damages. 5. Settlement In the eventof loss covered bythis additional coverage, you shall, If requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at actual cost`to you, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become the propertyof the Company. Payment hereunder shall not constitute an admission of liability of'you or, except as stated herein, of the Company. Additional Conditions A. Insurance Under Two Or More Coverages The following is added to Paragraph C. Insurance under Two or More Coverages of the COMMERCIAL PROPERTY CONDITIONS: If a Coverage Farm is attached to this policythat provides a limit for any coverage provided by this endorsement; the limit shown in the SCHEDULE and the coverage provided by this endorsement are deleted and replaced by the limit and coverage provided by the Coverage Form. B. Limits Of Insurance Regardless of the number of buildings at a location covered by this endorsement, the mostwe will payunderthis Coverage Enhancement endorsement in anyone occurrence is the applicable Limits of Insurance shown in the SCHEDULE on page 1 of this endorsement Page 22 of 25 Includes copyrighted material of Insurance services Office, Inc. and MP 97 67 10 10 American Association of Insurance Services, Inc., with their pemrlulon Purchase Order Fiscal Year 2019 Page: 1 of: 1 TF1Kz PO NUM-bER MUST APPEAR GN ALL INVOICES, AND SHIPPING DOCUMENTS. B City of Ashland I ATTN: Accounts Payable ~ 20 E. Main Purchase Ashland, OR 97520 I Order # 20190250 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E RYERSON & CO. 1 51 Wnburn Way N 3395 EDELLA AVENUE P Ashland, OR 97520 D CENTRAL POINT, OR 97502 Phone: 541/488-5347 O T Fax: 541/488-6006 R O Paula Brown 10/16/2018 4117 FOB ASHLAND OR/NET30 City Accounts Pa able Influent Channel Repair 1 Influent Channel Repair at the Wastewater Treatment Plant 1 $10,400.0000 $10,400.00 Services Agreement Completion date: 12/31/2018 Project Account: GL SUMMARY 086100 - 602400 $10,400.00 B Date- uthori d Signature PO otall _ $10,400.00 0i) ` FORM #3 CITY OF 77 ~o ASHLAND J~'1 J`~~~11sD_ J1_J, _'.I~)~ 09124/20 REQUISITION Date of request: Vendor Name Ryerson & Co. Address, City, State, Zip 3395 Edella Avenue Central Point, OR 97502 Contact Name Mike Ryerson 541-664-4905 V -z" Telephone Number 541-664-4905 Email address mryerson(cDcharter.net SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Eme nc ❑ Invitation to Bid ❑ Reason for exemption: Date approved by Council: ❑ Form #13, Writte fin k s zation ❑ AMC 2.50 -(Attach copy of council communication) ❑ Written quote or osal attac e El Written note or proposal attached If council approval required, atta co o CIT- E] Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award -(Attach copy of council communication Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: Contract # GOODS & SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than $5,000 and less than $100,000 ❑ Sole Source Agency 9 (3) Written quotes and solicitation attached ❑ Applicable Form (#5,6, 7 or 8) Contract # PERSONAL SERVICES ❑ Written quote or proposal attached Form Intergovernmental Agreement Greater than $5,000 and less than $75,000 ❑ Form #4, Personal Services >$5K & <$75K Agency ❑ Direct appointment not to exceed $35,000 ❑ Annual cost to City does not exceed $25,000. ❑ Special Procurement A reement a roved b Le al and a roved/si ned b ❑(3) Written proposals/written solicitation El Form #9, Request for Approval g pp y g pp g y ❑ Form #4, Personal Services >$5K & <$75K El Written quote or proposal attached City Administrator. AMC 2.50.070(4) Date approved by Council: ❑ Annual cost to City exceeds $25,000, Council Valid until: (Date) approval required. (Attach copy of council communication) Description of SERVICES Total Cost Influent Channel Repair at the Wastewater Treatment Plant $ 10,400.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number Account Number 086100 - - - 602400 $ 10,400.00 Project Number _ _ _ _ _ _ _ Account Number _ - _ _ _ _ _ _ _ _ $ _ Project Number Account Number IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form, l certify ythat ~the City's public contracting requirements have been satisfied. IT Director Date Support -Yes/ No IN) department Head: per 7,0! Employee: OCAX)AQ A)A~~~ TT (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year (~!S:> NO ~ Ic F I-P_ F ce Dire qual to or greater than $5,000) Date Comments: / Form #3 - Requisition