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HomeMy WebLinkAbout2013-352 Contract - Andritz Separation Inc Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Andritz Separation Inc. ASHLAND CONTACT: Ajay Ram, Tim Mahoney 20 East Main Street Ashland, Oregon 97520 ADDRESS: 13880 Catalina Street, San Leandro, CA 94577 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 510-614-1717 DATE AGREEMENT PREPARED: September 19, 2013 FAX: 510-614-1710 ' BEGINNING DATE: September 19, 2013 COMPLETION DATE: October 31, 2013 COMPENSATION: $7,250.00 per Quote #20201756 attached as Exhibit C. Quote does not include shipping. ?y- Materials to be shipped UPS and billed to the City's UPS Account #979-40X. GOODS AND SERVICES TO BE PROVIDED: 6,000 Hour service on two (2) Andritz Centrifuges per Quote_ #20201756 attached as Exhibit C. Location: Wastewater Treatment Plant ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the Gi4ef 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 rims 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 279B.220, 279B.225, 27913.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. T 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 t post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employe (n75reAY 8. Indemnification: Contractor agrees to defend, indemnify and save Ci o icers, e ployees and gents harmless from any and all losses, claims, actions, costs, expenses, jud s, subrogations, or other damages resulting from fb injury to any person (including injury resulting in death), o am age (including loss or destruction) to property, of whatsoever nature arising out of or incident f this seAtRGI: by Contractor (including but not limited to, Contractor's employees, agents, and others desi nated by Contractor to perform work or services attendant to,this contract). Contractor shall not be held responsible r any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and p imately caused by the negligence of City. 9. Termination: 0~ A G[~ F~YppitsYScere~ a. Mutual Consent. This contract may be terminate ad t 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 art, effective upon delivery of Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 5 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 I' r rartifrAta ra rl h Ia 1n4' f h held by VoptraGtg; 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 contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; it it 196er, its QRF status puFsuemt institutes an action for relief in bankruptcy a 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, 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 Liabilit 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 e, Contract for Goods and Services Less than $25,000, Revised 06113/2013, Page 2 of 5 T/O/ 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 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. Nona ppropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland By By g atjrre „ Department H a 5 Print Name Print Name E / t ytw, Prcoit~Q )C>119 113 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. AFRW VED RM Ash Asst./Cfty Attorney ~l Contract for Goods and Services Less than $25,000, Revised 06/13/2013, 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-drtfy+eeftseg 1:6 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. ANDPI[TZ SeParc4lon,7nc. I S NOT A U CENSGD 60MMACrOR , BUT M 7 (Date) E90U l P/14&klr R m o PhRTS Contra or 'afmo sewicE st.arl(ER, Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE nmper tiour effective June 30; 12013 (Increases annually every June 3'O'by the . Consumer Price Index) . . . • portion of business of their cafeteria plans (including employer, if the employer has childcare) benefits to the ten or more employees, and amount of wages received by has received financial the employee. assistance for the project or ➢ For all hours worked under a business from the City of ➢ Note: "Employee" does not service contract between their Ashland in excess of $19,825. include temporary or part-time employer and the City of employees hired for less than Ashland if the contract ➢ If their employer is the City of 1040 hours in any twelve- exceeds $19,825 or more. Ashland including the Parks month period. For more and Recreation Department. details on applicability of this ➢ For all hours worked in a policy, please see Ashland month if the employee spends ➢ In calculating the living wage, Municipal Code Section 50% or more of the employers may add the value 3.12.020. employee's time in that month of health care, retirement, working on a project or 401 K and IRS eligible For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 5 of 5 AMRMTL Separation Item Product ID No. SM* Quantity Unit Unit Price Amount Listed is an estimated cost for service Description of Work: 6K Service on Centrifuge Estimated Time Frame: 2 Travel Days, 2 Days of Service Tentative Date: To Be Determined If additional time, parts, expenses, or work will be required it will be included prior to final cost and you will be informed prior to billing so revised purchased order can be sent to Andritz Separation. We greatly appreciate your business! Thank you! Total Amount USD 7,250.00 S = Spare Parts, W = Wear Parts Terms and Conditions 2. Delivery Time: after receipt of order and any clarifications. 3. Terms of delivery: Our terms of delivery are FOB Free on board our Dock, according to INCOTERMS 2010. 4. Terms of Payment: Within 30 days Due net (1% default interest per month for delayed payment). 5. Validity of quotation: This quotation is valid to 09/09/2013. Page 3 of 4 Remit to: Wire instructions: ANORITZ Separation Inc. ANDRITZ Separation Inc. Nordea Bank Finland PLC 13860 Catallne St. Dept: 0312 N.. York BrancIn San Leandro, California 94577 USA P.O. Box 120312 SWIFT: NDEAUS3N Tel : N (510) 614-1717 Dallas, TX 75312-0312 USA Account: 6879433001 Far. N (510) 614-1710 Federal Tax ID Number 593773483 ABA 026010786 AWMTL Separation QUOTATION Customer: 127936 Supplier: Andritz Separation Inc. City of Ashland City Hall Contact: Ajay Ram 20 E. Main St. Phone: +15106141717 Ashland OR 97520 Fax: +15106141710 E-mail: ajay.ram@andritz.com Contact: Fax: Date: 08/08/2013 Copy to: Your inquiry: Sales Agent: MISCO, INC. Sales Responsible: BAINES, CHARLES Our quote no: 20201756 Ladies and Gentlemen, We thank you for your inquiry and are pleased to quote as follows: 1. Scope of supply ANDRITZ SAN LEANDRO JOB#FS8413 Thank you for the opportunity to quote. Please reference this quote when ordering. Freight is not included in this price. Should you choose to purchase, please include the following information on all Purchase Orders""' 1. Shipping Address 2. Billing Address 3. Shipping terms. For example, collect on your UPS (include account or Prepaid and Add 4. Quote # 5. Contact name and number Delivery: Stock in SAN LEANDRO, CA. Your purchase order can be faxed to (510)6141710 Thank you, AJAY RAM (510)4530044 ANDRITZ is pleased to offer. Service estimate based on: Travel days Day service Page 1 of 4 Remit to Wire ins"cfions: ANDRITZ Separation Inc. ANDRITZ Separation Inc. N.Wea Bank Finland PLC 13880 Catalina St. Dept: 0312 New York Branch San Leandro. California 945]] USA P.O. Box 120312 SWIFT: NDI1AUS3N Tel: +1(510)614-1]1] Dallas, TX 75312-0312 USA Amount: 8879433001 Fax:+1(510)614-1]10 Federal Tax to Number: 59-3773483 ABA: 026010786 AMRMTL Separation Day expense to include, but not limited to: Airfare (booked two weeks in advance) Hotel Car rental + fuel Meals Taxi, parking, luggage fees, if applicable Tools/supplies 15 % administrative fee on expenses only. If time onsite is in excess of the quoted days, you be notified prior to final billing. If revised purchase order is required a final billing will be sent to you to display cost of expenses, overtime, and parts. Thank you for the opportunity! Should you choose to purchase -WE CANNOT PROCESS YOUR ORDER WITHOUT THE INFORMATION BELOW- Please include the following 3 things with the PO 1. Shipping Charges -for example: PREPAID & ADD (bills to invoice) OR COLLECT (bills to your specified carrier & account 2. Billing Address for invoice 3. Shipping Address for delivery "Please note freight is NOT included in this quote" Please reference this quote when ordering. ---Lead-time: ---AFTER RECEIPT OF ORDER Please call or email w/ any questions Item Product ID No. S/W' Quantity Unit Unit Price Amount 10 V-BELT DIN7753-1 -SPB -2000 132057904 8 PC 52.00 416.00 #F# ELASTOMER COMPOUND AMC 6191 00 00 000 20 GREASE NBU15 131411050 4 PC 206.00 824.00 400 GRAM TUBES 30 GREASE LGMT2 131411051 12 PC 10.00 120.00 14 OZ.CARTRIDGES 40 GREASE ALVANIA RL2 131411054 12 PC 9.00 108.00 14 OZ. TUBE 50 SEAL 131157860 6 PC 4.00 24.00 D12.2 X 18 X 1 60 SEAL 131205523 2 PC 4.00 8.00 D08.2' 11.3' 1 70 FIELD SERVICE 100031977 1 EA 5,750.00 5,750.00 Page 2 of 4 Remit 10: Wire instructions: ANDRITZ Separation Inc. ANDRITZ Separation Inc. Nordea Bank Finland PLC 13880 Catalina St. Dept: 0312 New York Branch San Leandro, California 94577 USA P.O. Box 120312 SWIFT: NDEAUS3N Tel : +1 (510 614-1717 Dallas, TX 75312-0312 USA Amount: 8879433001 Fax: +1 (510) 614-1710 Federal Tax ID Number. 59-3773483 ABA 026010786 AMRMTL Separation Other Terms: 6. See Attached Terms & Conditions. 505859688 1 B ASep-NA TIC Please do not hesitate to contact us if you require further information. Yours sincerely Andritz Separation Inc. Page 4 of 4 Remit to Wire instructions: ANDRITZ Separation Inc. ANDRITZ Separation Inc. Nordea Bank Finland PLC 13880 Catalina St. Dept: 0312 New Yom Branco San Leandro, Califomia 94577 USA P.O. Box 120312 SWIFT: NDEAUS3N Tel : -1 (510) 614-1717 Dallas, TX 75312-0312 USA Account' 8879433001 Fax: ~1 (510) 614-1710 Federal Tax ID Number: 59-3773483 ABA:026010786 A%MTL ENVIRONMENT AND PROCESS TECHNOLOGIES TERMS AND CONDITIONS OF SALE AND/OR SERVICE 1. TERMS APPLICABLE recommendations provided, nor that any desired objective will result from the The Terms and Conditions of Sale listed below are the exclusive terms and Service provided and Seller shall not be liable for any loss of use or any conditions applicable to quotations made and orders acknowledged by production losses whatsoever. Andrtz Separation Inc. or the applicable Andritz entity supplying the same (e) Seller further warrants to Buyer that at delivery, the Products ("Seller") for the sales of products, equipment, parts and services relating manufactured by it will be free of any liens or encumbrances. If there are any thereto ("Products' and "Services"). If this quotation or acknowledgment such liens or encumbrances, Seller will cause them to be discharged contains terns additional to or different from those offered by Buyer, then any promptly after notification from Buyer of their existence. acceptance by Seller is expressly made conditional upon Buyer's assent to (1) THE EXPRESS WARRANTIES SELLER MAKES IN THIS such additional or different terms. Any of Buyer's terms and conditions that PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE. THERE are in addition to or different from those contained herein, which are not ARE NO OTHER WARRANTIES, WHETHER STATUTORY, ORAL, separately agreed to by Seller in writing, are hereby objected to and shall be EXPRESS OR IMPLIED. IN PARTICULAR, THERE ARE NO IMPLIED of no effect. The term "this Agreement" as used herein means this quotation WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A or acknowledgment or purchase order, together with any attachment hereto, PARTICULAR PURPOSE. any documents expressly incorporated by reference, and these Terms and (g) The remedies provided in paragraphs 3(a), 3(b), 3(c), 3(d), and 3(e) are Conditions of Sale and/or Service. Buyer's exclusive remedy for breach of warranty. 2. DELIVERY (h) With respect to any Product or part thereof not manufactured by Seller, Delivery or performance dates are good faith estimates and do not mean that Seller shall pass on to Buyer only those warranties made to Seller by the "time is of the essence." Buyers failure to promptly make advance or interim manufacturer of such Product or part which are capable of being so passed payments, supply technical information, drawings and approvals will result in on. a commensurate delay in delivery. Installation of any Product shall not be 4. LIMITATION OF LIABILITY Seller's responsibility unless specifically provided for in this Agreement. Notwithstanding any other provision in this Agreement, the following Upon and after delivery, risk of loss or damage to the Products shall be limitations of liability shall apply: Buyers. Delivery of the Products hereunder will be made on the terms (a) In no event, whether based on contract, tort (including negligence), strict agreed to by the parties as set forth in this Agreement, according to liability or otherwise, shall Seller, its officers, directors, employees, INCOTERMS 2010. subcontractors, suppliers or affiliated companies be liable to Buyer or any 3. WARRANTY third party for loss of profits, revenue or business opportunity, loss by reason (a) In the case of the purchase of NEW EQUIPMENT the Seller warrants to of shutdown of facilities or inability to operate any facility at full capacity, or Buyer that the NEW EQUIPMENT manufactured by it will be delivered free cost of obtaining other means for performing the functions performed by the from defects in material and workmanship. This warranty shall commence Products, loss of future contracts, claims of customers, cost of money or loss upon delivery of the NEW EQUIPMENT to Buyer and shall expire on the of use of capital, in each case whether or not foreseeable, or for any indirect, earlier to occur of 12 months from initial operation of the NEW EQUIPMENT special, incidental or consequential damages of any nature. and 18 months from delivery thereof (the "Warranty Period"). (b) The aggregate liability of Seller, its officers, directors, employees, (b) In the case of PARTS or used or reconditioned machinery or equipment, subcontractors, suppliers or affiliated companies, for all claims of any kind for and unless otherwise indicated, Seller warrants to Buyer that the PARTS or any loss, damage, or expense resulting from, arising out of or connected with the used or reconditioned machinery or equipment manufactured by it will be the Products, Services or this Agreement or from the performance or breach delivered free from defects in material and workmanship. This warranty shall thereof, together with the cost of performing make good obligations to pass commence upon delivery of the PARTS or the used or reconditioned performance tests, if applicable, shall in no event exceed the contract price. machinery or equipment to the buyer and shall expire 6 months from delivery (c) The limitations and exclusions of liability set forth in this paragraph 4 thereof (the "Warranty Period'. shall take precedence over any other provision of this Agreement and shall (c) If during the Warranty Period Buyer discovers a defect in material or apply whether the claim of liability is based on contract, warranty, tort workmanship and gives Seller written notice thereof within 10 days of such (including negligence), strict liability, indemnity, or otherwise. The remedies discovery, Seller will, at its option, either deliver to Buyer, on the same terms provided in this Agreement are Buyer's exclusive remedies. as the original delivery was made, according to INCOTERMS 2010, a (d) All liability of Seller, its officers, directors, employees, subcontractors, replacement part or repair the defect in place. Any repair or replacement part suppliers or affiliated companies, resulting from, arising out of or connected furnish pursuant to this warranty are warranted against defects in material with the Products, Services or this Agreement or from the performance or and workmanship for one period of 12 months from completion of such repair breach thereof shall terminate on the third anniversary of the date of this or replacement, with no further extension. Seller will have no warranty Agreement. obligations under paragraph 3(a) or (b), as applicable,: (i) if the Products have (e) In no event shall Seller be liable for any loss or damage whatsoever not been operated and maintained in accordance with generally approved arising from its failure to discover or repair latent defects or defects inherent in industry practice and with Seller's specific written instructions; (ii) if the the design of goods serviced (unless such tliscovery or repair is normally Products are used in connection vdth any mixture or substance or operating discoverable by tests expressly specified in the scope of work under this condition other than that for which they were designed; (iii) if Buyer fails to Agreement) or caused by the use of goods by the Buyer against the advice of give Seller such written 10 day notice; (iv) if the Products are repaired by Seller. If Seller furnishes Buyer with advice or assistance concerning any someone other than Seller or have been intentionally or accidentally products or systems which is not required pursuant to the contract, the damaged; (v) for corrosion, erosion, ordinary wear and tear or in respect of furnishing of such advice or assistance will not subject Seller to any liability any parts which by their nature are exposed to severe wear and tear or are whether in contract, indemnity, warranty, tort (including negligence), strict considered expendable; or (vi) for expenses incurred for work in connection liability or otherwise. with the removal of the defective articles and reinstallation following repair or 5. CHANGES, DELETIONS AND EXTRA WORK. replacement. Seller will not make changes in the Products unless Buyer and Seller have (d) In the case of SERVICES, Seller warrants to Buyer that the SERVICES executed a written Change Order for such change. Buyer, without performed will be free from defects in workmanship and will conform to any invalidating the contract, may make changes by altering, adding to or mutually agreed upon specifications. If any failure to meet this warranty deducting from the general scope of the Services by written Change Order. appears within 12 months from the date of completion of the SERVICES, on Any such Change Order will include an appropriate adjustment to the contract the condition that Seller be promptly notified in writing thereof, Seller as its price and delivery terms. If the change impairs Sellers ability to satisfy any of sole obligation for breach of this warranty will correct the failure by re- its obligations to Buyer, the Change Order will include appropriate performing any defective portion of the Services furnished. Seller does not modifications to this Agreement. If, after the date of this quotation or warrant the accuracy of, or performance results of, any conclusions or nnmin seoemuan Terms era commons- ea.ip..d S--(M ...h 2013) ~{/J/ acknowledgment„ new or revised governmental requirements should require confidential and proprietary information for purposes of this specific order and a change in the Products, the change will be subject to this Paragraph 5. the Products that are the subject hereof only. Buyer further agrees not to 6. TAXES permit any third party to fabricate the Products or any parts thereof from Seller's prices do not include any sales, use, excise or other taxes. In Seller's drawings or to use the drawings other than in connection with this addition to the price specified herein, the amount of any present or future specific order. Buyer will defend and indemnify Seller from any claim, suit or sales, use, excise or other tax applicable to the sale or use of the Products or liability based on personal injury (including death) or property damage related Services shall be billed to and paid by Buyer unless Buyer provides to Seller to any Product or part thereof which is fabricated by a third party without a tax-exemption certificate acceptable to the relevant taxing authorities. Seller's prior written consent and from and against related costs, charges and 7. SECURITY INTEREST expenses (including attorneys fees). All copies of Sellers drawings shall Seller shall retain a purchase money security interest and Buyer hereby remain Seller's property and may be reclaimed by Seller at any time. grants Seller a lien upon and security interest in the Products until all 13. END USER payments hereunder have been made in full. Buyer acknowledges that Seller If Buyer is not the end user of the Products sold hereunder (the "End Usen, may file a financing statement or comparable document as required by then Buyer will use its best efforts to obtain the End User's written consent to applicable law and may take all other action it deems reasonably necessary be bound to Seller by the provisions hereof. If Buyer does not obtain such to perfect and maintain such security interest in Seller and to protect Seller's End Users consent, Buyer shall defend and indemnify Seller and Seller's interest in the Products. agents, employees, subcontractors and suppliers from any action, liability, 8. SET OFF cost, loss, or expense for which Seller would not have been liable or from Neither Buyer nor any of its affiliates shall have any right to set off claims which Seller would have been indemnified if Buyer had obtained such End against Seller or any of its affiliates for amounts owed under this Agreement User's consent. or otherwise. 14. FORCEMAJEURE 9. PATENTS (a) Force Maieure Defined. For the purpose of this Agreement "Force Unless the Products or any part thereof are designed to Buyer's Majeure" will mean all unforeseeable events, beyond the reasonable control specifications and provided the Product or any part thereof is not used in any of either party which affect the performance of this Agreement, including, manner other than as specified or approved by Seller in writing, (i) Seller shall without limitation, acts of God, acts or advisories of governmental or quasi- defend against any claims made in a suit or proceeding brought against governmental authorities, laws or regulations, strikes, lockouts or other Buyer by an unaffiliated third party that any Product infringes a device claim industrial disturbances, acts of public enemy, wars, insurrections, riots, of a united States or Canadian patent issued as of the effective date of this epidemics, pandemics, outbreaks of infectious disease or other threats to Agreement and limited to the field of the specific Products provided under this public health, lightning, earthquakes, fires, storms, severe weather, foods, Agreement; provided Seller is notified promptly in writing and given the sabotage, delays in transportation, rejection of main forgings and castings, necessary authority, information and assistance for the defense of such lack of available shipping by land. sea or air, lack of dock lighterage or claims; (it) Seller shall satisfy a final judgment (after all appeals) for damages loading or unloading facilities, inability to obtain labor or materials from usual entered against Buyer on such claims so long as such damages are not sources, serious accidents involving the work of suppliers or sub-suppliers, attributable to willful conduct or sanctioned litigation conduct; and (iii) if such thefts and explosions. judgment enjoins Buyer from using any Product, then Seller will, at its option: (b) Suspension of Obligations. If either Buyer or Seller is unable to carry out (a) obtain for Buyer the right to continue using such Product or part; (b) its obligations under this Agreement due to Force Majeure, other than the eliminate the infringement by replacing or modifying. all or part of the obligation to make payments due hereunder, and the party affected promptly Products; or (c) take back such Product or part and refund to Buyer all notifies the other of such delay, then all obligations that are affected by Force payments on the purchase price that Seller has received. The foregoing Majeure will be suspended or reduced for the period of Force Majeure and for states Sellers entire liability, for patent infringement by any Product or part such additional time as is required to resume the performance of its thereof. obligations, and the delivery schedule will be adjusted to account for the 10. SITE RISKS delay. (a) Concealed Conditions. The parties acknowledge and agree that (c) Option to Terminate. If the period of suspension or reduction of increased costs or schedule extensions due to any concealed conditions at operations will extend for more than four (4) consecutive months or periods of the job site shall be to Buyer's account. Buyer shall hold Seller harmless for suspension or reduction total more than six (6) months in any twelve (12) increased costs and grant any necessary schedule extensions if any month period, then either Buyer or Seller may terminate this Agreement. concealed or hazardous conditions are found. 15. INDEMNIFICATION AND INSURANCE (b) Environmental Remediation. Buyer acknowledges that Seller is not an (a) Indemnification. Seller agrees to defend and indemnify Buyer from and expert in environmental remediation and shall not be directed by change against any third-party claim for bodily injury or physical property damage order or otherwise to perform any environmental remediation as part of the ("Loss") arising in connection with the goods provided by Seller hereunder or Services, including but not limited to asbestos and lead paint removal. If any the Services performed by Seller hereunder, but only to the extent such Loss environmental remediation becomes necessary, Buyer will contract directly has been caused by the negligence, willful misconduct or other legal fault with a qualified third party to perform such work. ("Fault") of Seller: Buyer shall promptly tender the defense of any such third- 11. TERMINATION party claim to Seller. Seller shall be entitled to control the defense and Buyer may only terminate its order upon written notice to Seller and upon resolution of such claim, provided that Buyer shall be entitled to be payment to Seller of Seller's termination charges, which shall be specified to represented in the matter by counsel of its choosing at Buyer's sole expense. Buyer and shall take into account among other things expenses (direct and Where such Loss results from the Fault of both Seller and Buyer or a third indirect) incurred and commitments already made by Seller and an party, then Sellers defense and indemnity obligation shall be limited to the appropriate profit; provided, that in no event shall Seller's termination charges proportion of the Loss that Seller's Fault bears to the total Fault. be less than 25% of the contract price. Seller shall have the right to suspend (b) Insurance. Seller shall maintain commercial general liability insurance and/or terminate its obligations under this Agreement if payment is not with limits of not less than $2,000,000 per occurrence and in the aggregate received within 30 days of due date. In the event of the bankruptcy or covering claims for bodily injury (including death) and physical property insolvency of Buyer or in the event of any bankruptcy or insolvency damage arising out of the Products or Services. Seller shall also provide proceeding brought by or against Buyer, Seller shall be entitled to terminate workers' compensation insurance or the like as required by the laws of the any order outstanding at any time during the period allowed for filing claims jurisdiction where the. Services will be performed, and owned and non-owned against the estate and shall receive reimbursement for its cancellation auto liability insurance with limits of not less than $1,000,000 combined single charges. limit. Seller will provide a Certificate of Insurance certifying the existence of 12. CONFIDENTIALITY such coverages upon request. Buyer acknowledges that the information which Seller submits to Buyer in 16. GENERAL connection with this quotation, acknowledgment or performance of this (a) Seller represents that any Products or parts thereof manufactured by Agreement includes Seller's confidential and proprietary information, both of a Seller will be produced in compliance with all applicable federal, state and technical and commercial nature. Buyer agrees not to disclose such local laws applicable to their manufacture and in accordance with Seller's information to third parties without Seller's prior written consent. Seller grants engineering standards. Seller shall not be liable for failure of the Products to to Buyer a non-exclusive, royalty-free, perpetual license to use Seller's comply with any other specifications, standards, laws or regulations. NMM .S .r.t. Tm. era Cmaoon. W EWlpn.. ardor S--d- (b) This•Agreerlent shall inure only to the benefit of Buyer and Seller and their respective successors and assigns. Any assignment of this Agreement or any of the rights or obligations hereunder, by either party without the written consent of the other party shall be void. (c) This Agreement contains the entire and only agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written understandings between Buyer and Seller concerning the Products, Services and any prior course of dealings or usage of the trade not expressly incorporated herein. (d) This Agreement (including these standard terms and conditions of sale) may be modified, supplemented or amended only by a writing signed by an authorized representative of Seller. Seller's waiver of any breach by Buyer of any terms of this Agreement must also be in writing and any waiver by Seller or failure by Seller to enforce any of the terms and conditions of this Agreement at any time, shall not affect, limit or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition thereof. (e) (i) If the Products or Services are delivered or performed in the United States, this Agreement and the performance thereof will be governed by and construed according to the laws of the Slate of Georgia. (ii) In the circumstances of (i) above, any controversy or claim arising out of , or relating to this Agreement, or the breach thereof, or to the Products or the Services provided pursuant hereto, shall be definitively settled by.arbitration, to the exclusion of courts of law, administered by the American Arbitration Association ("AAA') in accordance with its Construction Industry Arbitration Rules in force at the time this Agreement is signed and to which the parties declare they will adhere (the "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the parry against whom enforcement is sought or having jurisdiction over any of such parry's assets. The arbitration shall be conducted in Atlanta, Georgia by a panel of three members, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the panel and will be appointed by mutual agreement of the two party-appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two party-appointed arbitrators to agree within 45 days after submission of the ' dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the AAA in accordance with the AAA Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the AAA in accordance with the AAA Rules. (f) (i) If the Products or Services are delivered or performed in Canada, this Agreement and the performance thereof will be governed by and construed according to.the laws of the Province of New Brunswick. (ii) In the circumstances of (i) above, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or to the Products or the _ Services provided pursuant hereto, shall be definitively settled under the auspices of the Canadian Commercial Arbitration Centre ("CCAC'), by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time the Agreement is signed and to which the parties declare they will adhere (the "CCAC Rules'), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets. The arbitration shall be conducted in Saint John, New Brunswick by a panel of three arbitrators, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the arbilral tribunal and will be _ appointed by mutual agreement of the two party-appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two party-appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the CCAC in accordance with the CCAC Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the CCAC in accordance with the CCAC Rules. (g) The parties hereto have required that this Agreement be drawn up in English. Les parties aux presentes ont exigB qua la prdsente convention soit redigAe an anglais. NEW Mdnh seadaam Te,ms and contiGCm ra Equipment and rSmwes dov ~1/i1~ ACS DAT 08 2M DD7YY1 CERTIFICATE OF LIABILITY INSURANCE 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(les) must be endorsed. If SUBROGATION IS 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 endorsement(s). PRODUCER CONTACT Tm NAME: Aon Risk Services Central, Inc. PHONE (866) 283-7122 FAX 800-363-0105 ~N Philadelphia PA office INC. No. Exq: Arc. NO.: y One Liberty Place E~M DRE55: _ 1650 market Street Suite 1000 Philadelphia PA 19103 USA INSURER(S) AFFORDING COVERAGE NNC p INSURED INSURER A: Liberty Mutual Fire Ins Co 23035 Andritz Separation Inc. , INSURER B: Liberty Insurance Corporation 42404 1010 Commercial Blvd., South - , Arlington TX 76001 USA INSURER C: NSURER D: SURER E: IN INSURER F: COVERAGES CERTIFICATE NUMBER: 570051042888 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 INSR Mot BUBB POLICY EFF POLICY Lee LTR TYPE OF INSURANCE INSR VIVO POLICY NUMBER 'MMADDIYYYY) MMmD LIMITS A GENERAL LIABILITY TB EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY A R 51,000,000 PREMISES Ea...... CLAIMS-MADE ❑X OCCUR MEDEXP(Anyuns,mmsm) $5,000 PERSONAL S AW INJURY 51,000,000 GENERAL AGGREGATE $1,000,000 or GENt AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $1,000,000 X POLICY PR0. LOC A AUTOMOBILE LIABILITY AS2-651-004304-033 - 06/01/2013 06/01/2014 COMBINED SINGLE LIMIT 51x000 x000 N % ANY AUTO BODILY INJURY ( Per person) 0 ALL OWNED SCHEDULED BODILY INJURY (Par aoident) AUTOS AUTOS N HIRED AUTOS ~N..LU.NED PROPERTY DAMAGE AUTOS F...csidenl W Y a UMBRELLA LUB H OCCUR EACH OCCURRENCE U EXCESS LIAB CLNMS-WOE AGGREGATE OEO RETENTION B WORKERS COMPENSATION AND WA765D004304133 06/01/2013 06/01/2014 X TORY LIMBS OTN- EMPLOYERS' LIABILITY Y (AOS) B ANY PROPRIETOR'PARTNER I EXECUTIVE ~ NIA wC7651004304143 06/01/2013 06/01/2014 E. L. EACH ACCIDENT 511000,000 OFFICERIMEMBER E%CLUOEDt mandatory In NH) (wI) EL. DISEASE-EA EMPLOYEE $1,000,000 yea ION under OPERATIONS below E D RIPT L OISEASE-POLICY LIMIT $1,000,000 D es, desON _ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Nldidoml Remarks ScbeduH, it mom speco Is required) Re: ASI Project 1195 y The City of Ashland, Oregon and its elected officials, officers and employees are added as an additional insured on the coverages, excluding workers compensation and employer's liability, if required by written contract with certificate holder and subject to the policy terms, conditions and exclusions. a.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r City Of Ashland _ AUTHORIZED REPRESENTATIVE 20 East Main Street Ashland OR 76001 USA aJG'o>•s ✓L~/Afc ~iLeN.Yid Jitct ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD I t Page 1/ 1 CITY REC0, 4"UER CITY OF, ASHLAND DATE PO NUMBER 20 E MAIN ST. 10/14/2013 11929 ASHLAND, OR 97520 (541) 488-5300 _ VENDOR: 011735 SHIP TO: Ashland WWTP ANDRITZ SEPARATION INC (541) 488-5348 DEPT 0312 1295 OAK STREET PO BOX 120312 ASHLAND, OR 97520 DALLAS, TX 75312-0312 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: contact: David Gies Special Inst: Confirming? No Quantity Unit - Description Unit Price Ext. Price 6,000 Hour Service on two (2) Andritz 7,250.00 Centrifuges per Quote #20201756 Contract for Goods and Services Beginning date: 09/19/2013 Completion date: 10/31/2013 SUBTOTAL 7,250.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 7,250.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount , E 675.08.19.00.60410 7,250.00 VENDOR Authori d Signature/ ° 3 COPY s ~+OR1VI#3 CITY OF ASHLAND REQUISITION Date of request: g-8°» Required date for delivery: Vendor Name Address, City, State, Zip Contact Name & Telephone Number Fax Number SOURCING METHOD Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Wdtten uota 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 # ❑ VerbalM dUen 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 ❑ Form #4, Personal Services $5K to $75K Contract# Intergovemmental Agreement PERSONAL SERVICES ❑ Special Procurement ❑ Agency $5,000 to $75,000 ❑ Form #g, Request for Approval Date original contract approved by Council ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached (Date) ❑ (3) Written proposals attached Date approved by Council: ❑ Form#4, Personal Services$51(to$75K Valid until: Date Description of SERVICES Total Cost P10~ f/DU/' S~'rVrCt~ o~-~ - 7, DSO e-~ $ Item # Quantity Unit Description of MATERIALS Unit rice Total Cost TOTAL COST ❑ Per attached quotelproposal $ ~..,/f • 7 ~s~ Project Number Account NUmber(L.a.I7 6V-,011-100 y Account Number Account Number-__-__-__°__•______ 'Expenditure must be charged to the appropriate account numbers forthe financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: 17'Director Date fSupport-Yes/No_- By signing this requisiti form, l certify that the City's public contracting requirements have been satisfied. J e . r ~'l(L6I Employee Signature: /r ~J - Department Head Signature: r (Equal to or grea ,r , r than $5,000) City Administrator: (Equal too? ~rthan ,000) Funds appropriated for current fiscal year S / NO / 2 13 Finance Director- (Equ o oriveaterthan $5,000) Date Comments: i I Form 5 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: Michael R Faught, Public Works Director From: David Gies, Wastewater Treatment Plant Supervisor Date: August 8, 2013 Re: Sole Source Determination and Written Findings for Personal Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider ofa product or service of the quality and type required available. Estimated total value of contract: $7,250.00 Project name: Centrifuge Service Description of project: 6,000 hour service on Andritz Centrifuges. Background: The City of Ashland WWTP utilizes Andritz centrifuges to dewater its biosolids before hauling it to the Dry Creek Landfill. l Findings: ' [The findings below must include factual information supporting the determination Market Research. Overall finding: N/A L n accordance with ORS 279B.075, these are the examples of findings that should be addressed. Select at least one of the findings and prepare the determination as it specifically relates to the goods or services being procured. More than one finding can be addressed. The findings are as follows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. The.City of Ashland has:Andritz centrifuges for dewatering.biosolids._This is a proprietary system and can-only be-worked on through.Andritz.Separation:- Pursuant to ORS 27913.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A ' Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. N/A Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. oD Fi f= 10--15-(3 I f l_Ott~ Cu-ec~ v. -a.e > Cd~Tc~ _tar ~OeS h~~ del Ijf~l~in To SRrJ;~ ei.~kl;p-alo.~r~~. / I t~eY; e J act ~~T~'~~Y° r 11 ~'Q~ °t ? -A° A.z- 2 4,:;: qe 4o me gi S <-'f 257 le- (-eo►jr2 c+ . 0 MEDAS TO FORM AMIa Asst Attomey Ci~ Deter It7~rSf/~i