HomeMy WebLinkAbout2013-264 Contract - Rhodia
Contract for Goods and Services
CITY OF CONTRACTOR: Rhodia, Inc.
ASHLAND CONTACT: Amy Schwartz, Associate Market Manager
20 East Main Street
Ashland, Oregon 97520 ADDRESS: CN 7500, Cranbury, NJ 08512-7500
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 609-860-3666
DATE AGREEMENT PREPARED: July 5, 2013 FAX: 609-860-2223
BEGINNING DATE: Jul 1, 2013 COMPLETION DATE: June 30, 2015
COMPENSATION: Price per dry ton $349.74, plus delivery charges (currently approximately $127.33) per the
written quote attached as Exhibit C.
GOODS AND SERVICES TO BE PROVIDED: Rhodia's Aluminum Sulfate (ALUM) to be delivered as
specified and ordered b the WTP for a term of two ears.
ADDITIONAL TERMS:
Rhodia's bid is subject to Rhodia's General Terms and Conditions attached as Exhibit D.
The City accepts the additional terms and conditions, with the exception of Section It. Rhodia's contract does not constitute the entire agreement. The
entire agreement will consist of the City's Contract for Goods and Services and Rhodia's General Terns and Conditions. Any dispute arising under this
contract shall be resolved in accordance with the laws of the State of Oregon as stated in Section 10 of Rhodia' General Terns and Conditions.
Rhodia is amending the contract as follows:
'Contractor, Rhodis Inc., shall not be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances
beyond its reasonable control, including but not limned to, its inability to get a third party carrier to make deliveries because of the narrow access road
leading to the City of Ashland plant Contractor, Rhodia Inc., may omit deliveries during the period of continuance of such circumstances and the
contract quantity shall be reduced by the quantities so omitted."
City is striking Section 9. Termination, and amending as follows:
Termination:
a. For Convenience. This contract may be terminated by either party with 30-days written notice.
b. ObligatiordLlability of Parties. Termination or modification of this contract pursuant to subsections a. above shall be without prejudice to
any obligations or liabilities to Contractor already accrued prior to such termination or modification. However, upon receiving a notice of
termination, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of
termination. Further, upon lamination, Contractor shall deliver to City all contract documents, information, worksin-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.
City is making an addition to Section 16, Insurance as follows:
Add to Section 16. Insurance„ the following:
Contractor shall obtain and keep in effect during the term of their contract providing goods and/or services. Pollution Liability Insurance,
covering the contractor and/or subcontractors liability for bodily injury, property damage, and environmental damage resulting from "sudden accidental"
and "non-sudden" pollution and related cleanup, removal and storage costs incurred in the investigation and defense or settlement of claims by the
Contractor or subcontractor, all arising out of the work or services (including transportation risk) to be performed under this contract. Combined single
limit per occurrence shall not be less than $1,000,000, or equivalent. Annual aggregate limit shall not be less than $2,000,000.
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 b Contractor pursuant to this contract shall be the property of
Contract for Goods and Services, Revised 06/13/2013, Page 1 of 6
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 $19,825 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. Citv s Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Contractor, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Contractor to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Contractor may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Contractor's performance of each and every obligation and duty under
this contract. City by written notice to Contractor of default or breach, may at any time terminate
the whole or any part of this contract if Contractor fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliaation/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. Nondiscrimination 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 contract or subcontract any portion of the work
without the written consent of City. An attempted assignment or subcontract without written consent of City shall be
Contract for Goods and Services, Revised 06/1312013, Page 2 of 6
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, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
C. Automobile 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 applicable.
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 ContractoreF itsinsurer(s)te
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 noncontributory. The certificate will specify all of the
parties who are Additional Insureds.
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 forth 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 an work may begin under this contract.
Contract for Goods and Services, Revised 06113/2013, Page 3 of 6
21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by
reference.
Contractor: cC City of and
4
By VXJ By `mil r. Ve ~4r
Signature apartment Head
tY'v\,-A JLY\l ~Gt - )a Ab( Loh m
FNint Name Print Name
(~S'Syc.TIA4 ~Q(kQt V U(~ , ~ - t s
Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
PROVED TO FORM
,
Irure
Date
Contract for Goods and Services, Revised 06/1312013, Page 4 of 6
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.
Contractor (Date)
Contract for Goods and Services, Revised 06113/2013, Page 5 of 6
C 0° 1?)0dI/a
Member of the Solvay group
June 18, 2013
Greg Hunter
Water Treatment Plant Supervisor
City of Ashland
90 N. Mountain Ave
Ashland, OR 97520
Dear Greg,
Please consider this formal notification that Rhodia's price of $349.74, per dry ton, plus delivery charges (currently
approximately $127.33) for the Aluminum Sulfate (ALUM) supplied to City of Ashland, will be firm from July 1,
2013 through June 30, 2015.
The purpose of this letter is to also amend the Contract for Goods and Services, prepared on 07/13/2011, as follows:
"Contractor, Rhodia Inc., shall not be liable for its failure to perform hereunder if said performance is made impracticable
due to any circumstances beyond its reasonable control, including but not limited to, its inability to get a third party carrier
to make deliveries because of the narrow access road leading to the City of Ashland plant. Contractor, Rhodia Inc., may
omit deliveries during the period of continuance of such circumstances and the contract quantity shall be reduced by the
quantities so omitted."
If you agree to the foregoing, please so indicate, below.
AGREED AND ACCEPTED: CITY OF ASHLAND
By:
Department Head
Printed Name
Date
If you have any questions concerning this notification, please feel free to contact me at (609) 860-3666.
Very truly yours,
Amy Schwartz
Associate Market Manager
I
i
Rhodia, Inc., CN 7500, Cranbury, NJ 08512-7500
(609) 860-3666 Phone: (609) 860-2223 Fax
GENERAL TERMS AND CONDITIONS
1. Seller will make all reasonable efforts to supply material at the time and day
specified by Buyer. Provided such efforts have been or are being made, Seller shall not be .
deemed to be In breach of the Contract for failure to deliver at the specified time or on the
specified date.
2. Each shipment shall constitute a separate and independent transaction and Seiler
may recover for each such shipment without reference to any other: If Buyer is in default with
respect to any terms or conditions of this contract, then, in addition to any other legal remedy
available to Seller, Seller may, at its option, defer further shipments hereunder until such
default be remedied (in which event Seller may elect to extend the contract period for a time
equal to that for which shipments were so deferred), or, Seller may decline further performance
of this contract.
3. In case of a dispute concerning-the weight of Product delivered in bulk carload or
tank car shipments, shipper's weight, certified to by sworn Weigh-master, shall govern absent
manifest error.
4. Determination of the suitability of the Product supplied hereunder for the uses and
applications contemplated by Buyer -and others shall be the sole responsibility of Buyer. All
warranties by Seller pertaining to the Product are expressed In this paragraph. Seller warrants
that the Product delivered hereunder meets AWWA standards. SELLER MAKES NO OTHER
EXPRESS WARRANTIES; THERE ARE NO IMPLIED WARRANTIES INCLUDING WITHOUT
LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER
ASSUMES ALL RISK AND LIABILITY FOR ALL LOSS, DAMAGE OR INJURY TO PERSON
OR PROPERTY, INCLUDING WITHOUT LIMITATION POLLUTION, ENVIRONMENTAL
DAMAGE AND RESTORATION LIABILITY, RESULTING FROM (1) THE USE OF SAID
PRODUCT IN MANUFACTURING PROCESSES OR IN COMBINATION WITH OTHER
SUBSTANCES, OR OTHERWISE.(Il) THE HANDLJNG AND DISPOSAL OF THE PRODUCT.
5.- No claim of any kind, whether as to ProdLict delivered or for non-delivery of Product,
and whether arising in tort, contract or otherwise shall be greater in amount than the purchase
price of the Product in respect of which such damages are claimed; and the failure to give
written notice of claim within thirty (30) days from date of delivery, or the.date fixed for delivery,
as the case may be, shall constitute a waiver by Buyer of all claims. in respect of such Product.
IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND. INCLUDING WITHOUT LIMITATION BUYER'S
MANUFACTURING COSTS, LOST-PROFITS OR GOOD WILL, REGARDLESS OF THE
FORM OR BASIS OF ANY ACTION.
S. Buyer shall reimburse Seller for all taxes, increases in or new taxes, excises or other
charges which Seiler may be required to pay to any governmental authority (national, state,
provincial or local) upon, or measured by, the sale, production, transportation or use of any
Product sold hereunder. Unless otherwise agreed to by Buyer in such credit application,
interest on all sums past due from Buyer hereunder shall accrue -and be payable by Buyer at
the lesser of the maximum lawful rate and the prime interest rate quoted by Citibank, N.A.,
New York, New York, plus 2%.
7. Neither party shall be liable for its failure to perform hereunder if said performance is
made impracticable due to any circumstances beyond the reasonable control of the party
affected, including but not limited to, acts of God, acts of terrorism, fires, floods, wars,
sabotage, accidents, labor disputes or shortages, plant shutdown, equipment failure, voluntary
or involuntary compliance with any law, order, rule or regulation of government agency or
authority, or inability to obtain material (including power and fuel), equipment or transportation.
The affected party may omit purchases or deliveries during the period of continuance of such
circumstances and the contract quantity. shall be reduced by the quantities so omitted. During
any period when Seller shall be unable to supply the total demands for any Product provided
for in this contract, whether caused by the circumstances specified above or otherwise, Seller .
may allocate any available Product among all buyers including its own divisions and .
departments, on such basis. as it may deem fair and practical.
8. This Contract constitutes the entire agreement between the parties concerning the
subject matter hereof and there are no understandings, representations or warranties of any
kind, express or implied, not expressly set forth herein. No modification of this Contract shall
be of any force or effect unless such modification Is in writing and signed by the party to be
bound thereby; and no modification shall be effected by the acknowledgment or acceptance of
purchase order forms containing. terms or conditions at variance with those set forth herein.
9. Seller's waiver of any breach; or failure to enforce any of the terms and conditions of
this contract, at any time, shall not in any way affect, limit or waive Seller's right thereafter to
enforce and compel strict compliance with every term and condition hereof. The acceptance by
the Seller of any payment after the specified due date shall not constitute a waiver of the
Buyer's obligation to make further payments on the specified dates.
10. The Buyer and Seller agree that this Contract shall be deemed to have been made
and executed in the State of Oregon and that any dispute arising under this contract shall be
resolved in accordance with the laws of the State of.9awernia• excluding any choice of law
principles thereof. Bl~v~ a-k
11. Seller shall indemnify, defend and hold harmless (the °Indemnifying Party") Buyer,
its subsidiaries, affiliates, their respective officers, directors, employees, agents, and any of
them (each an "Indemnifled Party"), from and against any and all liabilities, demands,
damages; losses, costs, expenses, including without limitation attorneys' fees, resulting from
the actual or threatened claims of-third parties (the "Claims") to the extent that such Claims
are attributable to the breach of this Contract by, or the negligent or willful misconduct of, the
Indemnifying Party. The Indemnified Party shall notify the Indemnifying Party in writing with
reasonable promptness upon the occurrence of any fact or circumstance concerning a Claim
against which the Indemnified Parry Is Indemnified hereunder, The Indemnifying Parry shall
diligently defend any such Claim at its expense with counsel of Its choice but shall not have
the right to settle such Claim without the prior written consent of the Indemnified Party.
12. Seller shall provide and maintain during the performance of Its work hereunder,
insurance as described below with insurers rated A-, Class VII or better by A.M. Best
Company.
A. Workers' Compensation Insurance as prescribed by applicable state Workers'
Compensation acts to provide statutory coverage.
B. Employers' Liability insurance to include $1,000,000 limit per employee, $1,000,000
per accident and $1,000,000 in the aggregate.
C. Commercial General Liability insurance on an occurrence basis with $2,000,000 per
occurrence limit for bodily Injury, property damage, personal and advertisers injury,
$2,000,000 aggregate limit for products/completed operations and a $2,000,000 general
aggregate limit. This Commercial General Liability insurance to Include coverage for the
hazards of contractual liability and sudden and accidental pollution. This limit can be
achieved through the combination of primary and/or excess liability coverage.
D. Business Automobile Liability Insurance including comprehensive third party coverage
for Injury, including death and property damage with a combined single limit of
$2,000,000 per occurrence Including coverage for owned, non-owned and hired vehicles.
This limit can be achieved through the combination of primary and/or excess liability
coverage.
If requested by Buyer in writing, Seller shall deliver a certificates of insurance evidencing the
above coverage. The certificate shall provide that Seller shall endeavor to notify Buyer with
at least thirty (30) days prior notice of any cancellation or termination of the policies. Seller
may either utilize deductibles or provide coverage excess of a self-insured retention.
13. PRODUCT STEWARDSHIP AUDITS: Seiler shall have the right, upon advance written
notice to Buyer and during Buyer's normal business hours, to visit Buyer's facilities to Inspect
and audit Buyer's storage, handling, manufacturing, use, health, safety and/or environmental
,practices and procedures with respect to the Product delivered hereunder. If Buyer does not
promptly remedy any deficiencies in these practices and procedures reasonably identified by
Seller, or, if within 30 days after receiving notification of deficiency from Seller, Buyer does
not present to Seller a written plan to remedy any deficiency which cannot be remedied
promptly, or if Buyer does not comply with its remediation plan, then Seller may terminate
this contract for breach by Buyer. Buyer acknowledges that the foregoing inspection and
audit rights in no way relieves Buyer of any of its obligations hereunder or at law, nor shall
Seller be required to conduct any such Inspection and audit."
Product Specifications are attached as Exhibit-A,
TERMS: Net cash 30 days from date of Invoice.
SPECIAL CONDITIONS: Title and risk of loss will pass on delivery. Freight is pre-paid and
added to invoice.
This agreement to become effective when signed and returned by the Buyer within thirty days
of the date of execution by the Seller. If not signed and returned within thirty days, this
proposal Is withdrawn.
i
ACO ° oAT Oiro'1 o013
CERTIFICATE OF LIABILITY INSURANCE- I
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. If SUBROGATION 15 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 c
certificate holder in lieu of such endorsement(s). c
PRODUCER CONTACT O
Aon Risk Services Central, Inc. NAME:
PHONE (866) 283-7122 FAx (800) 363-0105 d
Philadelphia PA Office (uC. ..,At): AIC. NO.: L
one Liberty Place ADDRESS: =O
1650 Market Street
Suite 1000
Philadelphia PA 19103 USA INSURER(S) AFFORDING COVERAGE NAICR
INSURED INSURER A: Hartford Accident & Indemnity Company 22357
Rhodia Inc., INSURER B: Hartford Fire Insurance Co. 19682
a member of the Solvay Group -
CN7500 INSURER C: Illinois National Insurance Co 23817
8 Cedar Drive INSURER O: National union Fire Ins Co of Pittsburgh 19445
Cranbury N3 08512 USA
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570050579717 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 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. Limits shown are as requested
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMI00 M
PYYYYI LIMITS
GENERAL LUIBILITY GL EACH OCCURRENCE $1,000,000
SIR applies per policy terns & condi ions TAMAGET RENTED 5100,000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence
CLAIMSMADE D OCCUR - MED EXP (Any one person) $10,000
PERSONAL& ADV INJURY $1,000,000
GENERAL AGGREGATE $1,000,000 n
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO $1,000,000 N
% POLICY PRO LOC SIRIDedumible 5700,000 0
'T F1 B AUTOMOBILE LIABILITY CSE 3537T3 01/01/2013 0710112014 COMBINED SINGLE LIMIT 51,000,000 n
X ANYAUTO BODILY INJURY(Perpmeon) O
2
ALL OWNED r-ISC BODILY INJURY (Per emden0 0
AUTOB AUTOS
NON-0WNED PROPERTY DAMAGE Y
HIREDAUTOS Per aaidenl
AUrO$ ~
C
O
D % UMBRELLALIAB X OCCUR 20562183 07/01/20110/01/2014 EACH OCCURRENCE $10,000,000
SIR applies per policy terns & condi ions AGGREGATE $10,000,000
EXCESS CLAIMSMADE (.1
LU1B
DED X RETENTION
A WORKERS COMPENSATION AND 39wN353322 - 07 01 2013 07/01/2014 X IVORY LIMR$ ETM
EMPLOYfR$'LUU3ILITY YIN
ANY PROPRIETOR I PARTNER I EXECUTIVE NIA E.L. EACH ACCIDENT 51,000,000
OFFICERIMEMBER EXCLUDED?
(MAnd. ,in NN) E.L. DISEASE EA EMPLOYEE $1,000,000
B describe under
DESCRIPTION OF OPERATIONSbebw EL. DISEASE-POLICY LIMIT $1,000,000_
kf
DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES (AmacH ACORO 101, Aadltlonel RemeHU SCNedYM. If moro epece b requlrod) 04
Additional insured status and waiver of subrogation are granted pursuant to a valid, written, current and signed contract with aj
Rhodia Inc. which affirmatively grants this status. All terms and conditions of such written agreement shall apply. Additional
insured status and/or waiver of subrogation: or any other rights of insurance shall not be granted through purchase orders or
electronic internet orders. All coverage evidenced on this certificate is subject to the terms, conditions and exclusions of
the policies noted on the certificates.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
Rhodia Inc., AUTHORIZED REPRESENTATIVE
a Member of the Solvay Group
CN 7500 I
Cranbury N3 08512-7500 USA cY(~Yo//fi a.J{(
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
SOLVAY
Date: January 1, 2013
Subject: Rhodia Inc.
Certificate of Insurance
Rhodia Inc., a Member of the Solvay Group, provides an on-line Certificate of Insurance (COI) that
can be viewed and printed from a website provided by AON, our insurance broker. The (COI)
provides accurate insurance coverage information in a timely manner.
To view and print the COI, please access the following AON link using the user name and
password listed below:
httr)s:Haonline.aon.com
user name: MOIRHODIA
password: SNA-2310 (password is case sensitive)
Should you have questions on the COI, please contact Chuck Sharpe at AON at 847-953-7105 or
via email at chuck.sharpe(cDaon.com.
Sincerely,
Solvay Risk Management
Solvay- 8 Cedar Brook Drive - Cranbury, NJ 08512 - USA- T: + (609) 860-4000
Rhodia Inc., Member of the Solvay Group
w .solvay.com
CITY RECORD E R Page 1 / 1
CITY OF
A C T-i i A A i Tl DATE _ PO NUMBER
T1 J200 ElMLAIIN'1S1TV LJ 7/15/2013 11663
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000513 SHIP TO: Ashland Water Treatment Plant
RHODIA INC (541) 488-5345
PO BOX 120257 ASHLAND, OR 97520
DALLAS, TX 75312-0257
_ FOB Point: Req. No.: ,
Terms: Net 30 days Dept.:
Req. Del. Date: Contact: Greq Hunter
Special Inst: Confirming? Yes
- i
Quantity Unit Description Unit Price Ext. Price
THIS IS A REVISED PURCHASE ORDER
18.00 Load Rhodia Alum - WTP - FY 2014 5,724.84 103,047.12
4500 Gallon Load Aluminum Sulfate
(18) Loads (a) $5724.84 per load
Contrapt for Goods and Services
Beqinninq date: July 1, 2013
Completion date: June 30, 2015
I
I
i
i
I
i
I
I
• I
i
i
i
SUBTOTAL 103 047.12
BILL TO: Account Payable TAX 0.00,
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 103,047.12
ASHLAND, OR 97520
Account Number Project Number - Amount Account Number ~ Project Number - Amount
E 670.08.19.00.60150 103,047.12
I
I
Authorized Signature VENDOR COPY
FORM #3~ l~~ CITY OF
ASHLAND
REQUISITION Date of request: 7-1-13 -
Required date for delivery: 7-1-13
Vendor Name RHODIA INC.
Address, City, State, Zip 4429 NORTH SHUTTLE ROAD
Contact Name & Telephone Number PORTLAND, OR. 9721 503- 286- 4451
Fax Number 609 - 860.2223
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ 'AMC Z50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ VerballWritten quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract#
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5.000 to $100.000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes attached ® Special Procurement Contract #
PERSONAL SERVICES ❑ Form #9, Request for Approval Intergovernmental Agreement
$5,000 to $75,000 ❑ Written quote or proposal attached ❑ Agency
❑ Less than $35,000, by direct appointment Date approved by Council: 6.15.10 Date original contract approved by Council:
❑ (3) Written proposals attached Valid until: 6.30.15 Date (Date)
Description of SERVICES Total Cost
BLANKET PURCHASE ORDER FOR 7.1.13 TO 6.30.15
COUNCIL APPROVED CONTRACT TO END 6.30.2015
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
1 18 LOADS 4500 GALLONS I LOAD ALUMINUM SULFATE $ 5,724.84 $ 103,047.12
TOTAL.COST'
❑ Per attached quotelproposal $ 103,047.12
Project Number Account Number 670.08.19.00.601500
Account Number Account Number
`Expenditure must he charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support-Yes/No
By signing this requisition fo 1 certify that the City's public contracting requirements have been satisfied.
Employee Signature:Department Head Signature: C~it c S~
(Equal to or greater than $5,000)
Additional signatures (if applicable):
Funds appropriated for current fiscal year Y E / NO✓L t CMG V1 4n L . ! ~'s Z
Fina •e Director- (Equal to orgreaterthan $5,000) Date
Comments:
Form #3 - Requisition