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HomeMy WebLinkAbout2014-299 Contract - Andritz Separation Inc v - Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Andritz Separation Inc. ASHLAND CONTACT: Jeff Congleton 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1010 Commercial Blvd. S., Arlington, TX 76001 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 817-465-5644, 817-419-1753 DATE AGREEMENT PREPARED: October 20, 2014 FAX: 817-468-3961 BEGINNING DATE: November 1, 2014 COMPLETION DATE: December 31, 2014 COMPENSATION: Not to exceed $13,159.00 (Engineering service $6,229.00, estimate for on-site service $6,930.00 GOODS AND SERVICES TO BE PROVIDED: Centrifuge control and Drive System Upgrade Support - Per proposal attached as Exhibit C. ADDITIONAL TERMS: K`ic c In the event of conflicts or discrepancies among the contract documents, the s will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary lit tie F '.4 NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the tr i ttached hereto as Exhibit B predominantly in areas where it will be seen by all emplo sr'40 s«'- 8. Indemnification: Contractor agrees to defend, indemnify and save Ci s officers, employees and agents harmles S- from any and all losses, claims, actions, costs, expenses, jud s, subrogations, or other damages resulting from tt' injury to any person (including injury resulting in death), am age (including loss or destruction) to property, of whatsoever nature arising out of or incident ee-of this-eet~aet by Contractor (including but not limited to, Contractor's employees, agents, and others signated by Contractor to perform work or services attendant to this contract). Contractor shall not be held respon ble for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, nd proximately caused by the negligence of City. Fman 9. Termination: a2Lra~ ' a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established b City under an of the following Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 1 of 5 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. 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; 14 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' compensatiliapcombined rage for all their subject workers b. General Li single limit, or the equivalent, of not less than Enter one: $200,000, $500,00 $1,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall inclu n ractual li bility coverage for the indemnity provided under this contract. C. Automobile biiEt r with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,00 $1,000,000, r Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for own , fired or non-owned vehicles, as applicable. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 2 of 5 d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. 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. Certific t'o1~- - Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by referenc Contractor: City of Ashland By z7vlw By fA0,_" Signatu a Department Head Qdt r W )MA CJA ( JP FA%) S 6cf Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with l Gr the signed contract. Purchase Order No. D APPEWE AS TO FORM Ash a ity Mom"- Dal fo 3~ Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and icen-se4to 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. ~rV1~4' (2) Commercial advertising or business cards or a trade association membership are purchased for the business. *W (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. 404' (5) Labor or services are performed for two or more different persons within a period of one year. tAW (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 7 (Date) Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE . • per hour effective June 30,2014 (Increases annually every June 30 by the ILI Consumer Price Index) • - . - . , portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by For all hours worked under a assistance for the project or the employee. ➢ business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, 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 07/08/2014, Page 5 of 5 W4 Separation QUOTATION To: Ashland WWTP c/o Portland Engineering Inc. Attention: Josh Downs E-mail: jdowns@portlandengineers.com / (541) 6646200 Date: 10/7/14 Our Quote AM-AshlandOR-01 Reference: City of Ashland OR. WWTP, ANDRITZ Project 1195, 2-D5LL, Centrifuges Subject: Proposal for Engineering and Start-up Support for one D5LL Centrifuge Control System Upgrade ANDRITZ Separation Inc. appreciates the opportunity to submit this proposal for the supply of the engineering and on-site support for the City of Ashland WWTP. This proposal is based on request from Portland Engineering Inc, Josh Downs, E-Mail dated 10/6/14. Please contact myself or your local area Sales Manager, Charles Baines at (208) 761-9426 should you have any questions. We appreciate the opportunity to quote. Please let us know if we can provide any additional information. Sincerely, ANDRITZ Separation Inc. Jeff Congleton Service Automation Specialist Jeff.conaleton@andritz. com 817-419-1753 Page 1 of 7 AMMTL Separation Proposal AM-AshlandOR-01 For City of Ashland OR. WWTP Centrifuge Control and Drive System Upgrade Support October 7, 2014 Design Criteria: Centrifuge No.2 has a failed backdrive VFD and was replaced by others. The centrifuge drive configuration is unique and the replacement drive was not properly installed and the system is still out of service. It has been requested that ANDRITZ provide engineering services and on-site start-up assistance to upgrade the centrifuge with new drives and upgrade the PLC system to The AB ControlLogix's platform. The required components, hardware, installation, and SCADA system programming will be supplied by others. ANDRITZ will supply engineering services and on-site start-up services per this proposal. Page 2 of 7 A%MTL Separation Major Scope of Supply. 1. Components - Not Applicable All components and hardware will be supplied by others. ANDRITZ will review proposed hardware and confirm compatibility with existing system and recommend substitutes if required, and recommend additional components that may be required. 2. Engineering services provided - Electrical drawings - Revised panel layout, schematics, point to point wiring. - Provide Centrifuge 2 annotated Controll-ogix s PLC code and OIT application code. - Drive Parameter settings. - Review proposed components and hardware supplied by others and make recommendations. - Review and coordination of SCADA mapping tags (SCADA mapping requirements to be provided for review by PEI). 3. Site Work On Site Service - ANDRITZ will provide a Service Engineer per the attached Field Service Policy and Rate Sheet attached. Estimate one trip three days on site for downloading revised program, functional testing system, and checking machine speeds are set and indicated on COP OIT properly. Additional time required due to delays outside of ANDRITZ control or request for additional programming will be charged per the attached Service Rate Sheet. 4. Spares - Not Applicable. 5. Software - Not Applicable. 6. Shipping - Not Applicable 7. Warranty - No Warranty is provided by ANDRITZ for this service or for the components or hardware supplied by others. Page 3 of 7 AMRfTL Separation Pricing: Engineering Service $6,229.00. Estimate for On-site Service ................................................$6,930.00 (Living expense, travel and three days on site) Total Cost $13,159.00 Terms of Payment: Payment shall be 30 days net, after delivery. Commercial Conditions: This price proposal is based on the attached ANDRITZ Separation Inc. "Standard Terms and Conditions of Sale". The quoted price does not include any local, state or federal taxes, permits or other fees. Any taxes or fees that may apply must be added to the quoted price and paid by the buyer. The proposed price will remain valid for 60 days. Scope Not Included in ANDRITZ Price: (To be provided by others) ■ Components or hardware required ■ Removal, installation and wiring of new components ■ Disposal of obsolete equipment ■ Field wiring modifications outside of centrifuge control panels ■ All utilities required for operation ■ Cranes or other lifting devices ■ Unloading at site and on site storage if required ■ Components and other items not specified in our scope of supply Page 4 of 7 W~v 1,41 AMMTL Separation: Additional Information: Submittals = Within 3 weeks after receipt of approved purchase order. Service technician requires 3 week notice before work commencement. Terms and Conditions: Per Terms and Conditions attached Page 5 of 7 AWWaTL Separation ANDRITZ SEPARATION INC. STANDARD TERMS AND CONDITIONS OF SALE AND/OR SERVICE 1. TERMS APPLICABLE 9. PATENTS The Tenor arp Conditions of Sale geed below are the exclusive terms and conciidmis applicable to quota6ars made and Unless the Potluck a e q pat thereof are designed to Buyers specificadons and provided se Product a any part thereof is orders adenowledged by ANDRITZ Sepermon Inc. a me applicable ANDRITZ angry, supplying the same ('SWeel for the not used in any mans other Own a speated a approved by Seller in wing, (h) Seller shat defend against any suit or sales of produar, ruipnonL parts and services retabg shares, rPmdn ts' and 'Services/. O his quotation m proceeding brought against Boyer to the extent based m a claim art my Product, a any pat nereoL iddnges aq United admOMalgman antars tams adchu al to a different from these offered by Buyer. than any aaeplaece by Sager 6 Stales device pablt provided Bella a named promptly n wrong and pan the necessary authority, information and exp ressyr made dndigonal upon Buyers assent to such additional a different terms. Any of Buyers terms and cendifans assistance for the defense of such suit or preceding; ful Sego shag we* aM judgment for damages entered again Buyer that am, in addition to a different from these contacted heron. Wier are not separately agreed to by Seca in wrding. are in such sun; and (a) d such judgment enjoin Buyer tram using arty prods a a part thereof, then Sella shag, at its open. (a) hereby objected to and s1al be at no effect. The term 'Nh Agreement' as used herein mean the quotation a obtain faf Buyer the rght b oontinue usi g such Product a part' (b) eliminate tha inhhgement by teptavg a enodiyng alla adaaWedgrnent a p acsse order, mgetrer, won my attachment hereto, any documents expressly ncaponded by Pad of the Products: a (c) take back such Product a pad and refund to Buyer all payments on the purchase price Wldh reference, and these Terms and Capdions of Sale andbr Service. Sager has received, in which case neither Buyer nor Seder wig have any clam against the other under this Agreement or 2 DELIVERY a6tng art d tce ahbjea malt, of this Agreement, The r«agdng sates Seta's erdire gablily for patent InNngenent by arty Delivery m pedomence dabs are good fain esOrrwtes and do not meat that'nme, is of the essence.' Buyer's falum to Product or pan shoed Promptly male advaas or interim payments. ugly lerhdwl nfamagan, deawkgs and approvals .0 result in a 10. SITE RISKS caarren, nd. delay in delivery. nstaRagm of any Product shag not be Selers responsbikry adess specft* provided for (a) CmcWed Cond~ows. The Parties adm uiedge and agree that increased costs a schedule exiberiverel due to my n this Ageeont Upon ac after delivery. risk of toss or damage to the Products shag be Buyers. Delivery of Me Products concealed conditions at to cab site final be to Byers aaant Buyer sling hold Seger hermess for Increased costs and grant hereunder will W made m to ems agreed to by to parties as set ferth in this Agreement according to NCOTERMS 2010. my necessary sdnedde epensims if any concealed or hwiadme conditions are foued. 1 WARRANTY (b) Env:mmentelRemed"wgm. Buyeradaewledgm that Seta 6 not an expert m emianmenlal renrediatim anon shag (a) In the case of the purdwse of NEW EQUIPMENT the Seger warrants to Buyer that the NEW EQUIPMENT not be drerAed by change ado a tOwMw to perform any aabonmerlel remediagm a pan of the Services, inducing but manufactured by 0 wig be defwered free from defects in material and walemarship. This warrant' shall ice upon not limited to asbestos and lead paint hemovaL O any em mhmenlal rernedanon becomes necessary. Buyer will txntraa delivery of the NEW EQUIPMENT to Buyer and shag eq. on the cads to %x r of 12 molls fen miter operation d the direly with a gwldied dead party, to perform such wvnc NEW EQUIPMENT and 18 mete from delivery trer rd (te'Warra dy Period'). 11. TERMINATION (b) In the arse of PARTS a used « recendidaned mad emery sec equipment. and wless otherwise indicated. Sofa Bu w Z dsBuy ado upon worsen notce to Seller and upm payment to Selo of Sell lemnagon charges, warrants to Buyer that ton PARTS a the used a recapinand owmerY a equpmmt manufacbred by it wig be delivered mMxU snag be spetihed b er and slxall lalee irdo account among oOrer things expenses Idred and irM"oedl kmmned and per ham defers in nearial and worlm armiti. This warranty " commands upon deWery of the PARTS a the used a cortaa4nenls already made by Seder and an appropriate prok provided, that in no evea shag Settees lamination charges be nxoaigmed madvnery"mus vent to the buyer and shell expire s months corn delivery thereof (the waoady Paned'), less than 25% of the contras price. Seder shat have the right to suspend sM/a terminate ifs obbgfdb n tmda this (c) O doing the Warany Period Buyer dladvers a died in material or wodrrwnsnp and gives Seger vvnden nuke Agreement d payment is not received within 30 days of due deb. In the event of she t®nlouptcy or nsdvecy of Buyer or in thereof wain 10 days of such discovery. Seger will, at its option, either deliver to Burn. on the same tams as the original the event of any baNouptcy m insolvency proceeding brought by a against Buyer. Seger shag be enticed to terminate arvy delivery was made, acmdrg to NCOTERMS 2010. a rePlac nerd pal a mow the defect in place. Any repair a older oustandig at ay thine during the period allowed for fling claims against the estate and shall re five revnaaseme t for replacement pat furnish prnpsa t to tins wamady are wanes ted against detects in rtakdal and worlarwmAip for me period its canagagm daages. of 12 months ham conylegon of such repairerreplaamehi with no hrtlrer extension. Seger vat have. warranty obligations 12 CONFIDENLUM under paragraph 3(a) m (b). as applicable.: (j if the Predcs have not been operated and maintained in accordance with Buys acknowledges via the nbmwsm which Bella submit; to Buyer in connection with ses ghdanon, adoededgmem a geneniy approved irmdstry p;;Z and with seders specific writlen hshudios; (e) it the Products are used in connection ped«maaa of this Agreement krAdes Surds mdMengal and prometery intimation, both of a tedmical and mnnrucia with my m ulum m substance a operating condition odw than via for which they were designed; (l it Buyer fad to give none. Buyer agrees not to disclose such nfamatim b acrd pardes without Sofa's prior written consent. Sala grants to Sena such wriften 10 day notice; (m) d the Products ere repared by somerms other than Sera a have been kdmgma®y a Buyer a man-evAusive: myagy-free, perpetual license to me Setters mngdensa and pmpimUry information for purposes of ace enally damaged: (v) for conesize, erosion, mimary west and first or in respect of any pats which by their nature are this specific order and the Products end we the subject hexed only. Buyer tadrer agrees not to permit any NA party to exposed to severe weer and tear a are considered expendable: a for expenses rammed for work in canectimi with the fabricate to Products err any parts armed from Sellers drawings a to hue the drawings either even n finned- with Nis removed of the defective argdes and reinsmlation florin repose m replacmme . specific ado. Buyer will defend and indemnify Seger nom any dean, war a liability based m persona injury (nd rding death) (d) In the case of SERVICES, Seger warrans to Buyer that the SERVICES performed a be free ham detach in or popery damage related to ay Product a pat tared which is fabricated by a tied party wit out Seders peon written vmkmamship and wig conform to any mentally agreed upon specdicam. 0 any fakes to knee this warranty appears within • resent and him and against related mss, charges and expenses (nclu ing attorneys fees). At copies of Settees drawings 12 mmts from de date of cotrplebw of the SERVICES, wide cohdgm that Sella be promptly doffed in ending tired, shag remain Semis property and maybe redamed by Seger atWove . Seller as N sofa obligation for bleach of this ward" vat owed the failure by re-Worming any deledwe pad. d the 11 ENO USER Services budded. Seller does M warrant the accuracy of, a performance results of, any condusons m re-rendaOma 9 Buyer 6 not the end user of the Produces said herevrae (the 'End Usw% ten Buyer wit use its best eras to obtain am provided. nor tat any decided objective will resuthan to Service provided and Seger shag net be gable for any loss of use a End users wrilen cosentbhe bond to Brierbytheprovisionsheed. tBuysdoesnotobtainsuch End User'scmsent my Pedadoi losses whims r. Buyer sag defend and nderdy Seger and Seders agents, epbyees, subcontractors and suppges hen any action, (e) Seder further warrants to Buyer that at delivery. the Producls manufactured by a will be free of any liem a kablap, ms, loss, ampere fa Wttln Safer would nit have been gable a from which Seta would have bee Indemnified if emm6ranees. Ifthereae any such hers a eambrences, Seder will rase them lobe d6dsarged promptly ate notification Buyerhad abaine i such End Users consent hanBUye d sera existencre. 14. FORCE MAJEURE THE EXPRESS WARRANTIES SELLER MANS N THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES R WILL (a) Face Maieure Defined. For the Purpose of this Agreement 'Force Maje re wit mean ad unforeseeable events. MW- THERE ARE NO OTHER WARRANTIES, WHETHER STATUTORY, ORAL, EXPRESS OR IMPLIED. N beyond the reaamrable dead of rather party which affect the performance of this AgreemmL rhWdng, wdthod gmgation, ads PARTICULAR. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR of God, arse m advisories of governments! m quasi-gmmereaal autee4s, laws or regulations, strikes, lockouts « aher PURPOSE. epuxaial disturbances. ads of public eery. was, insurrections, nos, epidemics, pandemics, ouNreaks of dectous cisease (9) The mmedet Provided in Paragraph. 3(a). 3(b). 3(c), 3(d), and 3(e) are Buyers exclusive remedy for breach of a other treats to pubic health, fipmeg, eaMgali foes, storms, severe weather, doods sabotage. delays in warranty. transportation, rejection of man longings and castings. lade of available shipping by land, sea a air, lad of dock lighterage a (h) YRth respect to any Produd a pad thereof not manubdured by Seller, Seger shag pass m to Buyer only tense loading a valuating %cftes, inability to obtain labor m materials from visual sources, serious accidads twulukrg the work of raneykTA% bjft," manufacturer of such Produda pad which are capable of being so passed m. prwb uppl' pre8s No:WtlMaraig Sete is unable any other pravispn in Nis Agreement the following ledmor s of liability shag apay. Face Mw n ~ m carry out its a offecct under this Agreement due to delay, . uma than the o that n to makxe payments payments due here heraunder, and the nag ry affected proptly notifies the other, (n) In no event, whether based on censad. con [ndrrding negligence), said liability or otherwise, shat Seger, its oficas, of such delay, the all obligations ns than are affected by Face Majeue wig be suspended an reduced for fie period of of Force deatas, employees. subcontractors, supges « olRated companies be gable to Buyer a any thud party for mss of Wdm, Majere and for such additional time as is wpund to resume the performance of its obggatims. and the delivery schedule wig revaae a business opportunity, mss by reason of shutdown of fadgties « amdldy to operate any facility at nil capacity. « be adjusted to account fa the daisy. cost of obtaining other devels for pamm'rng the Mmcaae perfancd by the Prpducts, loss of home damsels, diems of (c) OD OM to Twwk&- If the pealed of suspension a reduction of operations wit spend fa more than four (4) cuslarms, cost of money or loss of use of capital, in each case whether a not foreseeable. «br any indirect special, consecutive malls a penods of sspemsim areduc6m total more Nan six (b) months in my twelve (12) month period, Lien iardmial a consequential damages dany nature. clever Buyer m Sella may temigteta; Agreement (b) The aggregate lability of Seder. its officers, directors, enpleye ss, su6dntrado s, suppliers m affifialed conpardes, for 15. INDEMKiPCATKIN AND INSURANCE all clans of any lead for any kiss. damage, m expense resuMrg ban, aisng cut of or connected with the Products, Services (aj ndemnifimdm. Sege agrees to defect and irdmnsly Buyer nom and attains[ any Ue spry «ths Agreement a from the pubs m an befah thereof, together with the cost of penomin make r h uaft'nddaa m f or m the bodily Services pass performance ores. dapphrable, share inno evet exceed the contract price. Performed g gin obligations to a Aheder damage (YOUR 0 th n such with the goods caused d by by the has been the negligenaimce, ON ndsdnd;cf a (c) The gmcatons and exdusans of liability set firm in this paragraph 4 shag lake precedence over any oterprovis on of this other legal fault ('Fade) of Seder. Buyer shah pranptly pander the defense of arty such Ned-party claim to Seger. Sala shag Agreement and shag apply whether the dean of liabFty is based an connect warmly, tort (inducing negbgmce), ssid be entitled to ceded the defense and resolution of such dakn, provided the Buyer seal be enured to be represented in the liability, indemnity. a olhawise The remedies provided in Nis Agreement are &Ws exclusive remedies. marten by caned of as choosing at Buyers sole expense. Where such Loss results rpm the Faun of both Seller and Buyer or (d) AO liability of Seta, its ofidrs• directors, employees, suhcmtranns, supplies a alfitiated dnpanies, resulting from, a tied party, ten Sellers defense and i denety obligator shall be kneled b 0. proportion of the Lost that Sellers Face ansi g out of a connected with the Produds. Services a this Agreement or from the performance a breach teed snag bean to the total Fault terminate on the Nod amlven ay ante date of to Agreement tb) Insuranica. seder shag mahtan wmnarial general Laddity insurance with finds of not lass than $2.000,000 pre (a) In no event shag seder be fade for any Ids a damage whensoever arisug from its failure to discover a reper Were occurrence and in to aggregate covering loam fa bodily injury (indudm9 death) and physical popery damage arising out of defects a effects inhe" m in the design of goods serviced (udess such discovery m repar is normally discoverable by tests the Products a Services. SOW shad aso provide workma' c mmger bcxn inurance or the save w regared by the laws of th e expressly specified in to scope droll under this Agreement) m caused by the use of goods by the Buyer against the advice pe6eirkm where the services will be performed, and arced and nenvivned arm kadldy hvuenoe with bas of not less can of Soler. If Seta furnishes Buyer .0 advice a assistance concern. .amyy products a systems Own 6 rat required $1,000.000 coma ed single gmdl Se@aw1l prowe a Ceailxa'E of Insurance certifying the a6lmce d such averages upon purem re m the ="M tha f r..Sh ng of wit advice a assistance wit nit sun)ect Seger to any liebilay Whither in contract request indemnity. -14. tort (including negligence), sea kafsthty a otherwise. 15. GENERAL S. CHANGER, DELETIONS AND EXTRA WORK (a) Seger reeese s that any Prmm¢s or pas thereof nieviub greE by Seder war be Satyr will net make ranges in the Products Weser Buyer and Seder have executed a wiirren Change Order for such change. applicable federal, state and local laws applicable to comp man pr in compliance with ail ifs. Buyer, without ehvdidafing to intact may make doing. by aimed, adding to a dedcting nom the general snipe the Seger she net be liable la future of me Pe comply thmy other and p accordance pdaccordance with standards, ns laws s or or regulations, ions, This si mu re be v boo of Buyer yer d assigns. Services by wrinn Charge Ordain. Any such Charge Order will include an appropriate adjustment to the contract paca e and (b) TMs Agreement shag sexes only it the My degvery terms. O to largo impales Setters ability to sedsfy any of its obligasons to Buyer, the Change Order wit Include assignment of thiAgreertant « am of the right or r obkgatlon he and oreurpSegere, and eel by h N crow tarry rasped" vaut itteout or the the was ten ap .hem of to appropriate ncdgpnons to #is ff. after the data of ten cam or ackmW Agreement. quota ed9k^e'd new a revised olha parry shall be nant governmental requvernenh should repave a change in the Products, th charge wig be subject m has paragraph 5. (c) This Apeemend contains the entire and any agreement between the comes with rasped to am subject mater harrier A TAXES and supersedes all pnv oral and wriden understandings between Buyer and Selerconcerdng the Products, Senecas and any Seers prices do net include my sales, me, erase a miner taxes. In addition to the pruz specified herein, the aneum of any prim course of dealings a mage of the trade not expressly incapoaled herein. present a tumm sales. use. excise a view tax applicable to the sale a use of the Produce or Services shag be Wed to and (d) This Agreement (including these standard terms and combom of sale) m be modified, supplemented ee amended pad by Buyer unless, Buyercanvass to Seger a tax exe ptim certificate acceptable b the relevant taxing admordies. .ly by 0 wrttlng signed by an authaosd 0 h T. SECURITY MEREST representative of seller. Sego's waiver any a maim by Buys of any morn of sat Seder shag net- a purchase moor smutty krterest and Buyer hereby giants Seder a Son upon and security, interest. in the Agreement cost e be in hag hrot angled, any waiver by sager failure by sellers, adace any of the tams and condtiors of also Products until erg payments hereunder have ban made in hit. Buyer admoWedges that Seiler my a finance statement Agreement at ay n ems, thereof s shag d, 6rrit or waive Setta ers right thereana to enforce and comps said compliance with Y 9 every tam and dndnon . a comparable daaenanl as required by acme raw and may take all other action a deems reasonably necessary to peeled (et t the Produces or Smices are delivered a performed in the Uncoil States, this Agreement and The performance and maintain such security u to est in Seleand to Voted Sellars interest in the Products. thereof will be gummed by and construed according to the laws ofche Sore of Georgia. I. SET 0F'F In the drdmstances of abme, any controversy a dam arising out of or relating to tins Agreement a the breach Ned her Buyer fir any of its afikses slag have any right m sit off claims against Seder m any of its aBd:ates for amounts toad, a b the Products m the Swices provided pursmnt herds,, shall be definitively, ssettled by arbitration, to the exclusion owed under On Agreement s otherwise. of daft of law, adminstered by the American Arbitraton Association CAW) in accordance with its Construction Industry Arbitration Rubs in fora at the time this Agreement is sgned and to which bile parties declare they wig adhere (the *AAA In the dreumsUnces of abme, any centrovarsy or Jaen arising out of or relating to this Agreement or the breech Rites j, and judgment on pie award rendered by the arbitrator(s) may be entered in any, court having paisdkbm ows the party thered, or to the %ducts a to Seneces pmvided puruma hereto, shag be defndney settled under the auspices of me against wham edorcanerM1 is sought w It" ju sdiction over any of such parties assets. The arbitration stag be conducted Cawdan Cormnerclal Arbitration Centre ('CCAC), by means of ardba w and to the er k m of counts of taw. t (/!t in Atlanta, Georgia by is panel of three member; one of whom will be appointed by each of Buyer W Seger and the third of accordance with its General Commcri it Arbitration Rules in face at the pare the Agreement is signed and to when the when wig be clue dahnan or ere penal and win be worded by ned al agreement of the two party-worded mixtrators. AD parties declare day will adhee (the •CCAC PoNea1, and judgra m m the egad rendered by to arbitatmjs) may be ordered arbarahus must be persona who are net mpNyees, Arms, a fmner ernployeee or agents of either party. In the event of marry court hartig jusdimm mtr pre party against" m enlaoerrent is sought or bevo failure of to two poly appoi led -lb" s te agree whim forty-free (45) days after sub dLGSipn of the dispute to amdmbm Pents assem The arbibagm shall be conducted in Sand Jahn, New Brunswick a ft junadcbm own any such upon th appoi denent of the third a bibetor, the dad ahbater will be creipaan, its of three arbibaba. one and of f wfiom will he Runes, In She event that either of Buyer or Seta fades to appont an a deappointed by at in aVarry, re ( AM m a days aadarre vdMh the AM appointed he eb mled by each d ntyer and a Seta and the third of rag n All be is do b persons, who are hbma not d errhpbyees accortadancsute mi with th the of i AAA One agenda. , a a lama fo rmNr ealnpagreement of the e party-ap f duce of the two no be p trims w dispute to arbtraton, such ahtitrator, as wall se pre third ardtrabr, will be appoedetl by the AAA in after Rubs. toyees a agent d d eaher paady lly. In m the went eves of f blue of e party-a~oirded ad~ahec b age `dl d the Protluct% or Satins are degvered or PeRanred b CanaOa, this wdar fort'-tm (45) days after sub ration of the dispute to arhsatim upon She appaiNnem of its tied arbitrator. the than (Q (1)',) eel hymn x or construed Agreement and the pMmnanm dared We be arbitrator W be appointed by the CCAC in accordance with pro CCAC Rites. m the event tat alpha d Buyer or Saga fads panning b die laws of the Pronnce of New 0urswik. to appose an arbitrator within minty (30) days after subrri- of to dispute to arbitration, such arbibater, as well as the thud arbitrator, will be appointed by the CCAC in accordance with the CCAC Rites (g) The parties haft have required that this Ageeerent be drawn up in Era". Les parses an presences cot edge a. m present. -ton eat rfnigee m anglue" Jan 2012 Re,, WW ANtMTL Separation 2014 FIELD SERVICE POLICY AND RATE SHEET Installation and Start-up Assistance All the equipment furnished by ANDRITZ Separation Inc. shall be installed and started up by, and at the expense of the purchaser. There is available, however, upon the request of the purchaser, the service of ANDRITZ Separation Inc. field service personnel for consultation and advice in the installation and start-up of ANDRITZ Separation Inc. equipment. This service is provided with the understanding that ANDRITZ Separation Inc. will function only as technical consultants and coordinators in an advisory capacity, and shall have no responsibility for the supervision or the quality of workmanship of such an installation and/or start-up. Such responsibility will be that of the purchaser. Certain types of ANDRITZ Separation Inc. equipment, such as that with mechanical seals, require the check out of the equipment by experienced field personnel before the equipment is put into operation. In these instances, the equipment is so tagged upon time of shipment. The failure to have proper mechanical check out by ANDRITZ Separation Inc. field personnel will void our mechanical warranty. For the check out, power and all necessary utilities for the operation of equipment must be available. Service Rates (Rates/Pricing are in US currency Service Rates are applicable for all the time the field service employee spends on the job. This includes traveling to or from either our designated plant or point of residence of the employee. Any holdover time, i.e. time where the employee is required to stay on the job site because time does not permit travel home, or for the convenience of the customer, shall be at regular rates, listed below: Description Standard Rates Overtime Rates Monday - Friday Service Technician $1,200.0018 hr. day $225.001 hr. up to 4 hrs Saturday $1,800.00/ 8hr. day $225.00/ hr. up to 4 hrs Sunday $2,400.00/ 8hr. day $300.00/ hr. up to 4 hrs Holidays $2,400.0018hr. day $300.00/ hr. up to 4 hrs Travel Days: Monday - Friday $850.001 day up to 8 hrs $225.001 hr. after 8 hrs Saturday Travel Day $1,250.001 day up to 8 hrs $225.00/ hr. after 8 hrs Sunday & Holiday $1,500/ day up to 8 hrs $300.00/ hr. after 8 hrs Phone Support $150.00/ 1" hr. $120.00/ per additional hr. ANDRITZ SEPARATION INC. 1010 Commercial Blvd. S. Arlington, Texas 76001 Tel. (817) 4655611 Fax(817)468-3961 en,Aron.us@andntz.com AWMTL Separation Travel & Holiday Service If travel and work requirements carry through weekends and holidays, the premium rates above will be charged. (For example, if a customer requires field service personnel to be on site early Monday, necessitating the need to travel Sunday or a Holiday, the Sunday/Holiday rate will be charged. If work continues through a weekend and/or holiday, the Sunday/Holiday rate will be charged.) Cancellation Notice In an effort to keep costs down for our customers, service personnel will book advanced, non-refundable tickets as quickly as possible after the request for service is received. This is a conscientious effort to keep costs to the customer, for air travel, as low as possible. If such expenses have been incurred in good faith, and the customer must cancel, we must invoice for those expenses to be fairly reimbursed. Other Considerations Because our Field Service employees are away from home for extended periods for most of the year, we feel they should be with their families over the Christmas and New Year holidays. Except for breakdowns or comparable and equally critical service requirements, our personnel are not available at these times. When our field service personnel travel international and required on site for periods in excess of four weeks, they are allowed to return home to be with their families. The allowable time period is determined on a case-to-case basis. The cost only of transportation to the employee's home and return will be included with the service charges. It is required that our service personnel have single rooms in first class hotel or motel accommodations where these are available. The charges for all living and travel expense will be for the account of the customer. Travel, if by public conveyance or rented automobile, will be at cost. Travel, if by employee-owned or company owned automobile will be at the rate of US $ 0.56. per mile plus all toll and parking charges. A 15% administrative fee will apply only to travel and living expenses incurred. It is the responsibility of the purchaser to provide for all necessary permits, clearances, visas, and other pertinent information required for our personnel to travel to the job site. In the event that public facilities are not available near the job site, it is the purchaser's responsibility to provide the equivalent of first class facilities in single rooms for our personnel at the site. For overseas jobs intended to be of an extended duration in excess of thirty (30) days, special arrangements will ANDRITZ SEPARATION INC. 1010 Commercial Blvd. S. Arlington, Texas 76001 Tel. (817) 4655611 Fax (817)4683961 environ.us~antlritz corn AMMTL Separation be negotiated immediately (and prior to the requirement for personnel to be at the job site) with regard to visits home with their families. Service Requirement Notification Our objective is to provide the best service possible. Experience has proven that one of the best ways to accomplish this is for our employees to arrive on the job site when they are needed - but not before. Our personnel are in short supply from time to time and personnel with the special skills you may require may not be available on short notice. We request, therefore, that for projects requiring extended service (in excess of thirty (30) days) and/or special skills, ANDRITZ Separation Inc. be given at least sixty (60) days notice as to when field service personnel are required on site. We also ask that this be confirmed within fourteen (14) days of the start of their services. In other instances, for a shorter duration of service, we request that at least a minimum of ten (10) days notice be given prior to requirement of our service personnel. After receipt of such advance notice, while we endeavor to comply with all requested time schedules, purchaser should be aware that on rare occasions we may not be able to meet all demands immediately. Negotiations will continue until the best schedule is attained. In the event that emergencies arise, we will work to meet the customers' needs as quickly and as completely as possible. Please Note: If time is scheduled and the customer must cancel on short notice, there is no guarantee of the immediate availability of field service personnel for rescheduling. Insurance & Warranty ANDRITZ Separation Inc. service personnel are fully covered by Worker's Compensation Insurance. ANDRITZ Separation Inc. makes no warranty either express or implied or by trade usage in connection with the services of its field personnel and shall have no liability direct, indirect or for any loss, damage, injury or expense resulting from or arising out of their services other than by reason of their negligence, and in no event for consequential injury or damage or for any amount in excess of the cost of repair or replacement of specific part damaged by their negligence Rev-01102014 ANDRITZ SEPARATION INC. 1010 Commercial Blvd. S. Arlington, Texas 76001 Tel. (817) 4655611 Fax (817)46&3961 environ. us®andntz. com DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/26/2014 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 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 w certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Central, Inc. PHONE (866) 283-7122 FAX 800-363-0105 m Philadelphia PA office (A/C. No. Ext): A/c. No.: a One Liberty Place E-MAIL c 1650 Market street ADDRESS: _ Suite 1000 Philadelphia PA 19103 USA INSURER(S) AFFORDING COVERAGE NAIC p INSURED INSURERA Liberty Mutual Fire Ins CO 23035 AndritZ Separation Inc. INSURERB: Liberty Insurance Corporation 42404 1010 Commercial Blvd., South Arlington TX 76001 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570055677092 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 INSD WVD POLICY NUMBER MMIDD MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY TB EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGE T RENTED $1,000,000 PREMISES Ea occurrence MED EXP (Anyone person) $5,000 PERSONAL &ADV INJURY $1,000,000 pNj GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1, 000, 000 X POLICY ❑PECT FLOC PRODUCTS - COMPIOP AGG $1,000,000 0 OTHER: ~ A AS2-651-004304-034 06/01/2014 06/01/2015 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $1,000,000 Ea accident BODILY INJURY ( Per person) C X ANY AUTO Z ALL OWNED U SCHEDULED BODILY INJURY (Per accident) d AUTOS AUTOS NON-OWNED PROPERTY DAMAGE V HIRED AUTOS AUTOS Per accident w a) d UMBRELLA LIAB H OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION B WORKERS COMPENSATION AND wA765DO04304134 06/70-1/70-14 '06/01/2015 X PER oTH- EMPLOYERS' LIABILITY Y / N (AOS) STATUTE ER ANY PROPRIETOR / PARTNER / EXECUTIVE E.L. EACH ACCIDENT $1,000,000 B OFFICER/MEMBER EXCLUDED? N❑ N/A wc7651004304144 06/01/2014 06/01/2015 (Mandatory in NH) (wI) E.L. DISEASE-EA EMPLOYEE $1,000,000 It yes, describe under - DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: ASI Project 1195. The City of Ashland, Oregon and its elected officials, officers and employees are included as 4. Additional Insured on the General Liability and Automobile Liability policies, if required by written contract with Certificate Holder and subject to the policy terms, conditions and exclusions. 1~= Rn ~w 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. G_ City of Ashland AUTHORIZED REPRESENTATIVE 20 East Main Street Ashland OR 76001 USA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ~Ikv Page 1 / 1 CITY OF ASHLAND DATE FPO NUMBER 20 E MAIN ST. 11/14/2014 12607 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: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Dave Gies Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Centrifuqe Control and Drive Svstem 13,159.00 Update Support Not to exceed $13,159.00 Enqineerinq service $6,229.00 Estimate for on-site service $6,930.00 Contract for Goods and Services Beqinninq date: November 1, 2014 Completion date: December 31, 2014 BILL To: Account Payable SUBTOTAL 13 159.00 TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 13,159.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 675.08.19.00.60410 13 159.00 Authori eEoignature ` VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: /D-/6'-/ Required date for delivery: Vendor Name A/O Al Address, City, State, Zip Contact Name & Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding Emergencv ❑ 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 ❑ 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 # ❑ Verbal/Written 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 and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES / Total Cost agl'pryl N~'c✓ ✓~Q 4 rIGV ea A, le / oa l'~°CPa ,/,/y A4' /~tq,; Bco n 7 7~/4 Lo - $ 13 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST F-1 Per attached quote/proposal $ Project Number- Account Number6Z"Ot-t9-OtJ-6 Q V1.6.0 Account Number Account Number--- - `Expenditure must be 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 requisiti n form, I certify t at the City's public contracting requirements have been satisfied. Employee: Department Head: \ ' S) l -1~' ~y (Equal to or ' an $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than /$25,000) Funds appropriated for current fiscal year YES / NO V 1 7 / Z , AK Finance Director- (Equaito orgy ter than $5,000) Date Comments: FORM #13 CITY OF ASHLAND EMERGENCY PROCUREMENT Greater than $5,000 To: Dave Kanner, Public Contracting Officer From: David Gies Wastewater Supervisor Date: 10-15-14 Re: Emergency Procurement - Written Findings and Request for Authorization Document the emergency: The City of Ashland recently sent out one of its centrifuges for emergency repairs. Part of the reason it is deemed an emergency is the lack of redundancy with only one centrifuge operating on site. Should that centrifuge fail, backup contingencies would kick in that would cost the city of Ashland approximately $30,000 a week to ship our sludge to the Medford WWTP. The centrifuge has been repaired and returned. During startup it has been discovered that one of the VFD's needed to operate the centrifuge was knocked out of service during a recent electrical storm. This puts the City of Ashland in the same predicament of only having one centrifuge to operate. It was initially thought that Portland Engineering could handle updating and installing the VFD. After consulting with Portland Engineering, Andritz and Allen-Bradley, it has been decided that for safety and liability, Andritz Separation is the best choice to complete the VFD programming and centrifuge calibration. Document solicitation process: Ensure competition reasonable and appropriate for emergency circumstances, determine appropriate solicitation time period, issue written or oral requests, or make direct appointments in cases of extreme necessity. Describe the selection method used for this particular public contract. Amount of Emergency Contract: $ 13,159.00 Written Order Emergency Procurement is being authorized by the City Administrator as specified by this written order. r Authorized by: k Date: City Administrator / Public Contracting Officer Report Emergency Procurement to the City Council: Yes / No Note: Emergency Procurements equal to or greater than $100, 000 for Goods and Services and equal to or greater than $75, 000 for Personal Services will require Council approval.