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2017-155 Contract - OVIVO USA
CTT''~ OF aSHLAND ~~WTP PAGE ~1 ~ j 06I' 12i' 2017 ~o: 51 154155~~~6~ Contract for G40~S AI~~ ~~~VIC~~ less t~lan X25 Q00 C ~ ~ Y U ~ CONTRACTOR: ~'V1 V'~" ~S~-I L,A,N D co NTACT. ~ n r~ ~o ~ ~ c° 2 ~ ~s ~ 0 Ea t Mom treat Ashland, Oregon 97520 ADDRESS: ~iv~°~ ~a~ ~ l~ ~ Telephone; a~1l488-8002 ,~a~~ ~Q ~c~ ~y, v ~Y~~~ Pax: 541/4885311 TELEpHON~; DATE AGREEMENT PREPAREti: r/~ ~ FAX: ~ ~'0 C ~ ~ ~ 27 - ~EOINNING DATE: ~ % COMI~LETION DATE: % /r/ COMPENSATION; Q~~ GOO S A D SERVICES TO EE PRQVIDED: ~ ~ V ~S ~ ~ ~ ~r~ T~ e~r~au~ v ~ rt , ADDITIONAL TERMS: In the ~verlt of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and 5~rvices wil{ be primary and take prec®dance, and any eXhibit~ or ancillary Contracts ar agreements having redundant ar contrary provisions wil{ be subordinate to and interpreted in a manner that will not conflict with the ceid prima Ci of Ashlar►d Contract. NOVV 7HEREPORE, 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 shat! at its own risk end 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. QuatQfied 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 wank to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed ar 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 separato 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 C{ty. 6, Statutory Requirements; ORS 2796.220, 2788.225, 2788.230, 279B.235, OILS Chapter 2d4 and ORS 670.600 are made part of this Contract. 7. Living Vvage Requirements: If contractor is providing services under this contract and the amount of this Contract is X20,283.20 or mare, Contractor is required to comply with chapter 3.92 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to ail employees performing work under this contract and to any st~bcontractar who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees, 8, Indemnification; Contractor agrees Co defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person including injury resulting ~n death}, or damage (including loss or destruCtion~ to property, of whatsoever nature arising out of or incident to the performance of this contract by CorltraCtar (including but not limited to, Contractors employees, agents, and others designated by Contractor to perform work ar services atkendant to this contract}, Contractor shall not be held responsible for any losses, expenses, claims, subrogatians, actions, costs, judgments, or other damages, directly, solely, and proximately Caused by the negligence of City. 9, Termination: a. Mutual_Co~nsent. This Contract may be terminated at any time by mutual consent of bath parties, b. City~~ 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. ar Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or et such later date es mar be established by Cit under any of fhQ followin ~ R Contract for Goads and Services Less than $2,000, Q613012016, Page 1 of ~ CITY OF HSHL~ND i~,~i~JTP PHGE 02 061' 12r'' 201 r 06:51 15415522364 conditions: , i, if City funding from federal, state, county or other sources rs not obtained and continued at Levels suff cient to allow for the purchase of the indicated quantity of services; ii. if federal or state regulations ar guidelines are modified, changed, or interpreked in such a way that the services are no longer allowable or appropriate far purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law ar regulation to beheld by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed, d. 1^or Qefault ar 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 tv terminate. If the porky 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 ar 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 rn addition to any other rights and remedies provided by law or under this contract_ e, abli~ationlLiabili 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. ~lowever, 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 termfnat~on, Contractor shall deliver to Cifiy ail 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-dlscriminatlon 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 furfiher certifies that it shall not discnmmate 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.11 Q or the administrative rules implementing the Statute. 12, Asbestos Abatement L'raense: If required under CRS 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 Cry, Any attempted assignment ar 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 a!l persons employed by them, and the approval by City of any assignment or subcontract shat( not create any contractual relation between the assignee ar subcontractor and City, 1~4~ 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 ofi this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or (ores any license, certificate ar certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment far 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. 1~. Insu_,~ ranee. Contractor shall at its own expense provide the following insurance: a. Worker's ~omgensation insurance incompliance with ORS X56.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General l,.iability insurance with a combined single limit, or the equivalent, of not Less than Enter one; $200,000, $500,000'; $1,000,000, O~~O~OiO~ or Not Applicable for each occurrence for Bodily Injury and Property Damage. c, A,u~omobile Liability insurance with a combined single limit, ar the equivalent, of not less than inter one; X200,000, $500,Op0, ~1,OOO,000, or Not Appli~ble for each accident for Bodily Injury and property Damage, includi~coverage for owned, hired or non-owned vehicles~as applicable, Contract far Goods and Services Less than $25,400, 06130/2014, Page 2 of 5 06.'12%201 r 03:51 15415522J64 CITY OF ASHLAND ~~~~~~TP PAGE 0~ _ d. Notice. of cancellation or_chan~e. There shall be no cancellation, material change, reduction of limits ar intent not to renew the insurance coverages) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional InsuredlC~r'tifcates Qf Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Workers' Compensation, 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 tv 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 andlorself-insurance. 17, Governing Law; Jurisdiction; Venu®: 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, suitor 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 he 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 authorised 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 Unified 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 UvAIVER, CONSENT, MODIFICATION OR CHANGE OE TERMS OF THIS CONTRACT SHALL BINp EITHER PARTY UNLESS IN WRITING AND SIGNEp BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPQSE 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 BOUNp BY ITS TERMS AND CONDITIONS, 19. NonapprapriationaCiause. Funds Available and Authori2ed; City has sufficient funds currently available and authorised 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 ather 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 lia ty to Contractor, 20. Pr r Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is re iced before any work in under this contract, 21. Ce ificatio shall sig the certification attached hereto as Exhibit A and herein incorporated by tale Contract City of Ashland ~ , ey ~ ~y Si nature ~~led 9 Department Head Print Name Print Narne V r ~ ~ A Y Title Date W-9 One copy of a W-9 is to be submitted with the signed contract, Purchase Order No. Contract for Goods and Services Less than $25,000, Q6/301~01~, Page 3 of ~ 06.'' 12l' 2017 08:51 15415522364 CIT'r' OF ~SHL~ND ~r,~i~~TP PAGE 04 EXHIBIT A CERTIEICATIONSIREPRESENTATIONS: Contractor, under penalty of er'u certifies that a the P JrY~ number shown on the attached vV~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 exam r ptfom 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 t he I RS has notified it that it is no longer subject to backup withholding. Contractor further re resents an P d warrants to City that (a) it has the power and authorityto enter into and perform the work b the Contract, when executed and delivered, shall be a valid and bindin obli ation of C g g ontraGtor enforceable in accordance with its terms, (c) the work under the Contract shall b e performed ~n accordance with the highest professional standards, and (d) Contractor is ualified rof ' q , p ossionally competent and duly licensed to perform the work. Contractor also certifies under anal p ty of penury that its business is not in violation of any Oregon flax laws, and it is a cor o ' p ration authorized to act on behalf of the entity designated above and authorized to do business in Ore gon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry oufi the labor or services at a location se ante from m re P y silence or ~s ~n a specific portion of my residence, set aside as the location of the business. 2 Com ' mercial advert~s~ng or business cards or a trade ass ' ociat~on membership are purchased for the business, (3) Telephone listing is used for the business se ante fro c/ p m the personal residence listing. - (4) Labor or services are performed only pursuant to written c ontracts. _ (5) Labor or services are performed for two or more different persons within a period of one ~ year. (6) I assume financial responsibility for defective workma nship or for service not provided as evidenced by the ownership of pertormance bends warran ' ties, errors and omission insurance o bility i surance relating to the labor or ' services to be provided. Contractor (Date} Contact for Goods and Services less than $,~5,OQ0, 061301016, Page ~ of 5 CITY OF ~SHL~ND ►~►►~,►TP PHGE 05 0611~t~2017 08:51 1541552264 ~ ~ ~ ~ 1 N ~XHiB~T B ~ ~ ~ ~ i ~ • ~ ~ ~ ~ ~ r "1 , i it ~ r i i' ~ per ~ou~r ,+~fi~e~tlve. June ~01~~ ~~'n+~ren~e~ ~n~nua~ly eve~rY June 3~ ~~bry the +Co~~i~~unr~e~ ~ Prue In~e~ ~ ~ i i • ~ - ~ ~ portion of business of their 401K and IRS eligible employer, if the empbyer has cafeteria plans including ten or more employees, and childcare} benefits to the has received ~nancia) amount of wages received by ~ Far all hours worked under a assistance far the projector the employee, business from the City of service contract between their Ashland in excess of ~ Note: "Emplo ee" daes not employer and the Gity of y Ashland if the contract $20,283'2. include temporary or parfi-time exceeds $20,283.20 ar mare. employees hired for less than ~ If their employer is the City of 1440 hours in any twelve ~ For all hours worked in a Ashland inciud~ng the Parks month period, For more and recreation Department. details on applicability of this month if the employee spends 50% ar more of the policy, please see Ashland employee's time in that month p In calculating the living wage, Municipal Cade Serf ian working on a projQCt or employers may add the value 3. ~ 2.020. of health care, retirement, Call the Ashland City administrator's office at 541-468-6002 or write to the G~ky Administrator, C' Nall, 20 East Main Stye A ~ et, shland, 0~ 9520 or visit the City's website at _ .ashland onus. Notice to Employers: 'his none must be posted predominantly m areas where it can be seen by all employees. C1~'Y C~~ Contract for Goods and Services Less than s2~,d0a. 08/30~~~16, page 5 of 5 Worldwide Experts Water Treatment Field Service Quote ATTN: Bill Diemer-Ashland WWTP, OR 1-Shr day of service by OViVO, Field Service Engineer $1,200.00 2 -Shr days of travel $2,400.00 Airline Fee $1,000.00 Rental Car $200.00 Per Diem (Food and Lodging) $500.00 Miscellaneous (any supplies, etc) $100.00 PREFERRED CUSTO~IE~R DISCOUNT -25i« -$1,3S~i,OJ Total 4 450.00 This is a budgetary quote and you will be billed for the actual costs of expenses plus 10~ as well as actual cost of labor and travel hours. I have quoted one day on site and two days of travel. We will not exceed the above amount. have included the OUIVO Field Service Rate Sheet and our standard Terms and Conditions of service. These Terms and Conditions govern OVIVO's offer of services. Please submit purchase order to: OUIVO USA, LLC 4246 Riverboat Road, Suite 300 Salt Lake City, Utah 84123 Attn: Leon Corset' Or via email at leon.corsey@avivawater.com You may also fax to: (801) 931-3090 Thank You, Leon Corset' Worldwide Experts i r,, Water Treatment . Effective January 2017 Standard (Travel) Daily Rate (8 hour day) $1200.00 Hourly Rate (4 hour minimum) $150.00 Standard (Labor} $1200.00 Hourly Rate (4 hour minimum) $150.00 Saturday Daily Rate (8 hour day) $1,800.00 Hourly Rate (4 hour minimum) $ 225.00 SundayslHolidays Daily Rate (8 hour day) $ 2400.00 Hourly Rate (4 hour minimum) $ 300.00 Overtime Hourly Rate -Standard Day $ 225.00 Hourly Rate - Sundays & Holidays $ 300.00 For all hours worked over eight (8) hours per standard day and Saturdays Sunday and Holiday requests will be billed at the double-time rate UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST PLUS 10% ~~eas~ r~ote~ All of the rates provided are portal to portal. In addition, travel and living expenses will be invoiced at actual cost plus 10% and documentation will be provided for these expenses. TravellLabor on Saturday and all overtime, will be billed at the overtime rate. TraveULabor on Sundays or Holidays, will be billed at the double-time rate. If a fixed Per Diem rate is required, it will be charged at $250.00 per day (lodging and mealsl with the exception of the east coast where the price welt be $300. DOS. Use of Fleet vehicles for travel will be charged at the rate of $0.54 per mile. Warldwidar ExPrrrs 'N.ata,°r Trratmenl Terms 6t Conditions of Service 1. ACCEPTANCE. The proposal of Ovivo USA. LLC ("SELLER"), as well as these terms and 9. SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use conditions of sale (collectively the "Agreement"►, constitutes SELLER's contractual offer any information processing program that may be supplied by SELLER in connection with of services and associated goods (the "Services"), and PURCHASER's acceptance of this the Services. PURCHASER acknowledges that such programs and the information offer is expressly limited to the terms of this Agreement. The scope and kerns and contained therein is Confidential Information and agrees: a) not to copy or duplicate the conditions of this Agreement represent the entire offer by SELLER and supersede all prior program except for archival or security purposes; b) not to use the program on any solicitations, discussions, agreements, understandings and representations between the computer other than the computer with which it is supplied; and c) to limit access to the parties. Any scope or terms and conditions included in PURCHASER's program to those of its employees who are necessary to permit authorized use of the acceptance/purchase order that are in addition to or different from this Agreement are program. PURCHASER agrees to execute and be bound by the terms of any software hereby rejected. license applicable to the software program supplied. 2. TIME OF PERFORMANCE. Any statements relating to the performance or completion 10. GENERAL INDEMNITY. PURCHASER shall protect and indemnify SELLER, its ultimate date of the Services represent SELLER'S best estimate, but is not guaranteed, and SELLER parent, its ultimate parent's subsidiaries and each of their respective officers, directors, shall not be liable for any damages or losses of PURCHASER, or any third party, due to not employees and agents, from and against all claims, demands and causes of action completing the Services by such estimated date. asserted by any entity to the extent of PURCHASER'S negligence or willful misconduct in 3. TITLE AND RISK OF LOSS, SELLER shalt retain the fullest right, title, and interest in connection with this Agreement. the value of the Services performed to the extent permitted by applicable law, including 11. DEFAULT. In the event that PURCHASER becomes insolvent, commits an act of a security interest in any equipment or real property upon which the Services were bankruptcy or defaults in the performance of any tern or condition of this Agreement perfanned (collectively the "Serviced Equipment"), until the full purchase price has been and fails to cure such default upon ten (10) days prior written notice from SELLER ,the paid to SELLER. The giving and accepting of drafts, notes and/or trade acceptances to entire unpaid portion of the purchase price shall, without notice or demand, become evidence the payments due shall not constitute or be construed as payment so as to pass immediately due and payable. SELLER at its option, without further notice or demand, SELLER'S interests until said drafts, notes and/or trade acceptances are paid in full. may then terminate this Agreement and shall be entitled to sue, or take other legal 4. PAYMENT TERMS. SELLER reserves the right to perform the Services and be paid for recourse, to collect any unpaid balance as well as reasonable legal fees, out•of-pocket such on a pro rata basis, as performed. If payments are not made by the due date, expenses and interest. The remedies provided in this paragraph are in addition to, and interest at a rate of two percent (1%) per month, calculated daily, shall apply from the not limitations of, any other rights of SELLER. due date for payment. PURCHASER is liable to pay SELLER'S legal fees and act other 12. CANCELLATION. PURCHASER may cancel this Agreement for convenience upon expenses in respect of enforcing or attempting to enforce any of SELLER'S rights relating written notice to SELLER of such intent and payment to SELLER for all costs and expenses to a breach or threatened breach of the payment terms by PURCHASER.. (including overhead) incurred by SELLER in perfuming its work and closing out the same 5. TAXES. Unless otherwise speafically provided in this Agreement; PURCHASER shall pay plus a reasonable profit thereon. All such costs and expenses shall be paid to SELLER and/or reimburse SELLER, in addition to the price, for all applicable service-related within ten (10) days of receipt of written invoice from SEVER detailing such costs, taxes, excises and charges which SELLER may pay or be required to pay to any expenses and profit, or be subject to an additional late payment fee of five percent (5~) government directly or indirectly in connection with the Services performed by SELLER. of the total amount of the invoice owed. PURCHASER agrees to pay all property and other taxes which may be levied, assessed or 13. REMEDIES. The rights and remedies of the PURCHASER in connection with the charged against or upon any of the Serviced Equipment on or after the date of Services provided by SELLER hereunder are exclusive and limited to the rights and performance remedies expressly stated in this Agreement. 6. SERVICE WARRANTY. Solely for the benefit of PURCHASER, SELLER warrants that the 1 W Any failure by SELLER to enforce PURCHASER'S strict performance of any Services shalt be performed in a manner that is free from defects in material and provision of this Agreement will not constitute a waiver of its right to subsequently workmanship for a period of ninety (90) days from completion of such performance (the enforce such provision or any other provision of this Agreement. "Warranty Period"). If any of the Services fail to comply with the foregoing warranty, 15. COMPLIANCE WITH LAWS. If applicable laws, ordinances, regulations or conditions SELLER shall re•perform such Services, or parts thereof, free of charge to PURCHASER. If require anything different from, or in addition to, that called for by this Agreement, it is determined after inspection that SELLER is liable under this warranty to re-perform SELLER will satisfy such requirements at PURCHASER'S written request and expense. the Services or parts thereof, SELLER shall bear the transportation costs of returning to 1b. FORCE MAJEURE. If SELLER is rendered unable, wholly or in material part, by reason the jobsite for such inspection as well as the re•performance of the Services. However, if of Force Majeure to carry out any of its obligations hereunder, then upon SELLER'S notice it is determined after inspection that SELLER is not liable under this warranty, in writing to PURCHASER within a reasonable time after the occurrence of the cause PURCHASER shall pay any and all costs related to such inspections, including any relied upon, such obligations shall be suspended. "Force Majeure" shall include, but not reasonable transportation and accommodation costs incurred by SELLER. For SELLER to be be limited to, acts of God, laws and regulations, strikes, civil disobedience ar unrest, liable with respect to this warranty, PURCHASER must make its claims to SELLER in lightning, fire, flood, washout, storm, communication lines failure, delays of the writing no later than thirty (30} days after the date PURCHASER discovers the basis for its PURCHASER or PURCHASER'S subcontractors, breakage or accident to equipment or warranty claim and in no event more than thirty (30) days after the expiration of the machinery, wars, police actions, terrorism, embargos, and any other causes that are not Waranty Period. In addition to any other limitation or disclaimer with respect to this reasonably within the control of the SELLER. If the delay is the result of PURCHASER'S warranty and Agreement, SELLER shall have no liability vnth respect to any of the action or inaction, then in addition to an adjustment in time, SELLER shall be entitled to following: (i) failure of the Serviced Equipment, or damages to it, unless directly caused reimbursement of costs incurred to maintain its schedule. by the Services; {ii} any Serviced Equipment that has been altered or repaired in any way 17. INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is an by PURCHASER, or any third party, unless such alteration or repair is instructed or independent contractor, and that neither SELLER nor its principals, partners, parents, authorized by SELLER in writing; (iii) the costs of dismantling and reinstallation of the subsidiaries, affiliates, employees or subcontractors are servants, agents, partners, joint Serviced Equipment before and after the performance of the Services; or (iv) claims with ventures or employees of PURCHASER in any way whatsoever. respect to Service parts that are consumable and normally replaced during maintenance, 18. SEVERABILITY. Should any portion of this Agreement be held to be invalid or except where such parts are not performing to SELLER'S estimate of normal service life, unenforceable under applicable law then the validity of the remaining portions thereof in which case, SELLER shall only be liable for the pro rata cost of replacement of those shall not be affected by such invalidity or unenforceabilityond shall remain in full force Service parts based on SELLER'S estimate of what the remaining service life of those parts and effect. Furthermore, any invalid or unenforceable provision shall be modified accordingly should have been; provided, that failure of those parts did not result from any of the within the confines of applicable law, giving maximum permissible effect to the parties' matters listed in clauses (i) through (iii) above. With regard to third-party Service parts, intentions expressed herein. equipment, accessories or components provided by SELLER in performance of the Services 29. CHOICE OF LAW. CHOICE OF VENUf. This Agreement shall be governed and but not of SELLER's design, SELLER'S liability shall be limited solely to the assignment of construed in accordance with the laws of State of Utah, without regard to its rules available third-party warranties. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, regarding conflicts or choice of law. The parties submit to the jurisdiction and venue of EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR the jurisdiction and venue of the state and federal courts located in Salt Lake City, Utah. PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE ~0. ASSIGNMENT. PURCHASER shall not assign or transfer this Agreement without the EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. All warranties and prior written consent of the SELLER. Any attempt to make such an assignment ar transfer obligations of SELLER shall terminate if PURCHASER fails to perform its obligations under shall be null and void. SELLER shalt have the authority to assign, or otherwise transfer, this Agreement including but not limited to any failure to pay any payment due to its rights and obligations in connection with this Agreement, in whole or in part, upon SELLER. SELLER'S quoted price for the Services is based upon this warranty. Any increase prior written notice to PURCHASER. in warranty obligation may be subject to an increase in price. 11. LIMITATION ~ UAlRLITY. TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL 7. CONFlDENTIAL INFORMATION. All nonpublic information and data furnished to HAVE NO FURTHER UABILIIY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF (A) PURCHASER hereunder, including but not limited to any designs, drawings, trade secrets THE COST OF RE-PERFORMING THE SERVICES, OR (B) IN THE ABSENCE OF RE- and other technical information related to the Services (the "Confidential Information"}, PERFORMANCE, THE VALUE OF THE SERVICES INITIALLY PERFORMED HEREUNDER. is the sole property of SELLER and submitted for PURCHASER'S own confidential use solely NOTWITHSTANDING ANY LIABILITIES OR RESPONSIBILITIES ASSUMED BY SELLER in connection with this Agreement and is not to be made known or available to any third HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE TO PURCHASER OR ANY party without SELLER'S prior written consent. THIRD PARTY, WHETHER ARISING UNDER CONTRACT, TORT {RKLUDING NEGLIGENCE), 8. SET OFF, This Agreement shall be completely independent of all other contracts STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF ANTICIPATED PROFRS, LOSS BY REASON between the parties ar►d all payments due to SELLER hereunder shall be paid when due OF PLANT SHUTDOWN, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, SERVICE and shall not be setoff or applied against any money due or claimed to be due from INTERRUPTIONS, COST OF PURCHASED OR REPLACEMENT POWER, COST OF MONEY, LOSS SELLER to PURCHASER on account of any other transaction or claim. OF USE OF CAPITAL OR REVENUE OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITNE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER ARISING FROM DEFECTS, DELAY, OR FROM ANY OTHER CAUSE WHATSOEVER. SEPTEM~R 1r?10 '~'dvl~ Ex~A~ < V~~ °I"rtrrt Terms ~ conditions of Service 1. ACCEPTANCE. The proposal of 4vivo USA, LLC ("SELLER"), as well as these terms and 9. SOFTWARE, PURCHASER shall have a nonexclusive and nantransferabte license to use conditions of sate {collettively the "Agreement"}, constitutes SELLER"s contractual offer arty information processing program that may be supplied by SELLER in connection with of services and associated goods (the "Services"), and PURCHASER's acceptance a# this the Services. PURCHASER acknowledges that such programs and the information offer is expressly limited to the terms of this Agreement. The scope and terms and contained therein is Confidential Information and agrees: a} not to copy or duplicate the conditions of this Agreement represent the entire offer by SELLER and supersede al( prior program except far archival or security purposes; b} not to use the program on any solicitations, discussions, agreements, understandings and representations between the computer other than the computer with which it is supplied; and c} to limit access to the parties. Any scope or terms and conditions included in PURCHASER's program to those of its employees who are necessary to permit authorized use of the acceptancelpurchase order that are in addition to or different from this Agreement are program. PURCHASER agrees to execute and be bound by the terms of any so#tware hereby rejected. license app{icab(e to the software program supplied. 2. TIME OF PERFORMANCE. Any statements relating to the performance or completion i4. GENERAL INDEMNITY. PURCHASER shall protect and indemnify SELLER, its ultimate date of the Services represent SELLER'S best. estimate, but is not guaranteed, and SELLER parent, its ultimate parent's subsidiaries and each of their respective officers, directors, steal( not be liable for any damages or losses of PURCHASER, or any third party, due to not employees and agents, from and against all claims, demands and Causes of action completing the Services by such estimated date, asserted by any entity to the extent of PURCHASER'S negligence or willful misconduct in 3. TITLE AND RISI( OF LflS5, SELLER shat! retain the fullest right, title, and interest in connectinn with this Agreement. the value of the Services performed to the extent permitted by applicable law, including f 1. DEFAULT. In the event that PURCHASER becomes insolvent, commits an act of a security interest in any equipment or real property upon which the Services were bankruptcy ar defaults in the performance of any teem or condition of this Agreement performed (collectively the "Serviced Equipment"), until the full purchase price has been acrd fails io are such default upon ten (iD} days prior written notice from SELLER ,the paid to SELLER. The giving and accepting of drafts, notes and/or trade acceptances to entire unpaid pnrtian of the purchase price shall, without notice or demand, become evidence the payments due steal! not constitute or be construed as payment so as to pass immediately due and payable. SELLER at its option, without further notice or demand, SELLER'S interests until said drafts, nntes and/or trade acceptances are paid in full. may then terminate this Agreement and shag be entitled to sue, or take other legal 4. PAYMENT TERMS. SELLER reserves the right to perform the Services and be paid far recourse, to collect any unpaid balance as wel# as reasonable legal fees, Qut-af-pocket such an a pro rata basis, as performed. I€ payments are not made by the due date, expenses and interest. The remedies provided in this paragraph are in addition to, and interest at a rate of two percent {Z~) per month, calculated daily, shall apply from the not limitations of, any other rights of SELLER. due date for payment. PURCHASER is liable to pay SELLER'S legal fees and all other 1z. CANCELLATION. PURCHASER may cancel this Agreement far convenience upon expenses in respect of enforcing ar attempting to enforce any of SELLER'S rights relating written notice to SELLER of such intent and payment to SELLER for ail costs and expenses to a breath or threatened breach of the payment terms by PURCHASER.. (including overhead) incurred by SELLER in performing its wnrk and closing nut the same 5. TAXES. Unless otherwise specifically provided in this Agreement; PURCHASER shall pay plus a reasonable profit thereon. ACE such costs and expenses shalt be paid to SELLER andfar reimburse SELLER, in addition to the price, for atl applicable service-related within ten {1D) days of receipt a# written invoice from SELLER detailing such cnsts, taxes, excises and charges which SELLER may pay ar be required ko pay io any expenses and profit, or be subject to an additional late payment fee of five percent (5~) government directly or indirectly in connection with the Services performed by SELLER. of the total amount of the invoice owed. PURCHASER agrees to pay all property and nther taxes which may be levied, assessed or 13, REMEDIES. The rights and remedies of the PURCHASER in connection with the charged against or upon any of the Serviced Equipmenk on ar after the date of Services provided by SELLER hereunder are exclusive and limited to the rights and performance remedies expressly stated in this Agreement. 6, SE3tyICE WARRA}~iTY, Solely far the benefit of PURCHASER, SELLER warrants that the 14, WAIVER, Any failure by SELLER to enforce PURCHASER'S strict performance of any Services shat( be performed in a manner that is free from defects in material and provision of this Agreement wilt not constitute a waiver of fts right to subsequently workmanship for a period of ninety (SO} days from completion of such performance (the enforce such provision or any other provision of this Agreement. NWarranty Period°}. If any of the Services fail to compty with the foregoing warranty, 15. COMPLIANCE WITH LAWS. If applicable laws, ordinances, regulations or conditions SELLER shall re•per#orm such Services, or parts thereof, free of charge to PURCHASER. if require anything different from, or in addition ta, that Called for by this. Agreement, it is determined after inspection that SELLER is liable under this warranty to re-perform SELLER will satisfy such requirements at PURCHASER'S written request and expense. the Services or parts thereof, SELLER shall bear the transportation costs of returning to 1 b. FORCE MAJEURE. If SELLER is rendered unable, wholly ar in material part, by reason the jobsite fnr such ir>spedion as well as the re•performance of the Services. However, if of Force Majeure to carry out any of itr obligations hereunder, then upon SELLER'S notice it is determined after inspection that SELLER is not liable under this warranty, in writing to PURCHASER within a reasonable time after the occurrence of the cause PURCHASER steal! pay any and all costs related to such inspections, including any relied upon, such obligations shall be suspended. "Force Majeure" Shoff include, but not reasonable transportation and accommodation costs incurred by SELLER. Far SELLER to 6e be limited to, acts of Gad, laws and regulations, strikes, dull disobedience ar unrest, liable with respect to this warranty, PURCHASER must make its claims to SELLER in lightning, fire, #lood, washout, storm, communication lines failure, delays of the writing na later than thirty (30} days after the date PURCHASER discovers the basis for its PURCHASER or PURCHASER'S subcontractors, breakage ar accident to equipment or warranty claim and in nn event more than thirty (3D} days a#ter the expiration of the machinery, wars, police actions, terrorism, embargos, and any other causes that are not Warranty Period. In addition to any other limitation nr disclaimer with respect to this reasonably within the control of the SELLER. if the delay is the result of PURCHASER'S warranty and Agreement, SELLER shall have no liability with respect to any of the action or inaction, then in addition to an adjustment in time, SELLER shall be entitled to fallowing: (i} #ailure of the Serviced Equiprrrent, or damages to it, unless directly Caused reimbursement of costs incurred to maintain its schedule. by the Services; (ii) any Serviced Equipment that has been altered ar repaired in any way 17. INDEPENDENT CQNTRACTOR. It is expressly understood that SELLER is an by PURCHASER, or any third party, unless such alteration or repair is instructed nr independent contractor, and that neither SELLER nor its principals, partners, parents, authorized by' SELLER in writing; (iii) the costs of dismantling and reinstallation of the subsidiaries, affiliates, employees or subcontractors are servants, agents, partners, joint Serviced Equipment before and after the performance of the Services; or {iv} claims with ventures or employees of PURCHASER in any way whatsoever. respect to Service parts that are consumable and normally replaced during maintenance, t8. 5EY)~RAB#LITY. Should any portion of this AgreemenC be held to be invalid or except where Such parts are not performing to SELLER'S estimate of normal service fife, unenforceable under applicable law then the validity of the remaining portions thereo# in which case, SELLER shat( only be liable €or the pro rata cost of replacement of those shall not be affected by such invalidity or unenforceability and shall remain in full farce Service parts based an SELLER'S estimate of what the remaining service Eife of those parts and effect. Furthermore, any invalid or unenforceable provision shall be modified acc~dingfy should have been; provided, that failure of those parts did not result from any of fire within the tanfirres of applicable law, giving maximum permissible effect to the parties' matters listed in clauses (i) through (iii) above. With regard to third-party Service parts, intentions expressed herein. equipment, attessories or components provided by SELLER in performance of the Services .29 H i 1r FLAW HIE YE .This Agreement shall be governed and but not of SELLER'S design, SELLER'S liability shall be limited solely to the assignment of construed in accordance with fire laws of State of Utah, without regard io its rules available third-party warranties. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, regarding conflicts or chaise of law. The parties submit to the jurisdiction and venue of EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FDR A PARTICULAR the jurisdiction and venue of the state and federaE courts located in Salt Lake City, Utah. PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE 24. ASSIGNMENT. PURCHASER shall not assign or transfer this Agreement without the EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW, All warranties and prior written consent of the SELLER. Any attempt to make such an assignment or transfer obligations of SELLER shall terminate if PURCHASER fails to perform its obligations under shall be null and void. SELLER shaft have the authority to assign, or otherwise transfer, this Agreement including but not limited to any failure to pay any payment due to its rights and obligations in connection with this Agreement, in whole or in paR, upon SELLER. SELLER'S quoted price for the Services is based upon this warranty. Any increase prior written notice to PURCHASER. in warranty obligation maybe subject to an increase in price. 29. LIMITATION OF LIABIL#Tl. TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL 7. CONFIDENTIAL INFQRMATIdN. All nonpublic information and data furnished to HAVE NO FURTHER LiA6#L#TY IN CONNECTIt1N WITH THIS AGREEMENT IN EXCESS OF (A) PURCHASER hereunder, including but not limited to any designs, drawings, trade secrets THE CAST OF RE-PERFORMING THE SERVICES, 4R (B} IN THE ABSENCE OF RE- and other technical information related to the Services jthe "Confidential In€ormation"), PERFORMANCE, THE VALUE OF THE SERVICES #NmALLY PERFpRMED HEREUNDER. is the sole property of SELLER and submitted for PURCHASER'S own confidential use solely NQTWITHSTANDING ANY L1A6lLfT1ES OR RfSPONSIBILtTIES ASSUMED BY SELLER in connection with this Agreement and is not to be made known or available to any third HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE TO PURCHASER OR ANY party without SELLER'S prior written consent. THIRD PARTY, WHETHER ARISING UNDER CONTRACT, TORT {~ICLUDING NEGLIGENC!~}, 8. SET OFF, This Agreement shall be completely independent of all other contracts STRICT LIABILITY, QR CrT}iERVd15E, FOR LDSS OF ANTICIPATED PROFITS, LOSS BY REASON between the parties and all payments due to SELLER hereunder shalt be paid when due OF PLANT SHUTDOVYN, NONi-OPF.RAT#ON QR INCREASED EXPENSE OF OPERATION, SERVICE and shat( not be setoff or ap€r(ied against any money due or Claimed to be due from INTERRUPTIONS, COST OF PURCHASED OR REPLACEMENT POWER, COST OF MONEY, LOSS SELLER to PURCHASER on account of any other transaction or claim. OF USE OF CAPfTAI OR REVENUE OR ANY OTHER INDIRECT, INCIDENTAL, SPEgAL, PUN(T#VE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER ARISING FROM DEFECTS, DELAY, OR FRAM ANY OTHER CAUSE WHATSOEVER. SEPTEMBER Dip Amendment to Contract for Goods and Services less than ~~~,flflfl{City of Ashland, ~R} In the event o€ conflict bet~reen the Contract documents and the Amendment herein, the terms of the Amendment shall control. The parties are the City ofAsllland ~"Bayer"~ and Ovivo-USA, LLC ("Seller"~. vimitation of viability and Cvnse~uential Qamage Qisclaimer To the extent perrr~issible by applicable law, Seller shall have no farther liability in connection with this Contract in excess of the Cast of correcting any defects, or in the absence of any defect, in excess of the value of the equipment supplied hereunder. 1-lawever, notwithstanding any other provision of the Contract to the contrary, in no event shall Seller be liable far any punitive, exemplary, special, incidental, or consequential loss or damage suffered by Buyer, or any other party, in connection with this Contract. These limits shall not apply to third party claims based on injury, death, or property damage. For the purpose of this term, the equipment provided in accordance with the requirements of this project shall not be considered property and shall instead be covered under the terms of the warranty herein. These limits shall not apply to claims which are based an the willful misconduct, gross negligence, rar fraud of the Seller, indemnity Any and all indemnity obligations of Seller in connection with this Contract shall be limited to the extent of to its negligence or willful misconduct. Delivery Due to this equipment being custom~designed to meet specifications, Seller shall be relieved of any clauses covering time is ofthe essence or default that might be ir~vol<ed on account of (ate delivery, So bong as Seller is making a reasonable effort to complete tl~e manafactare and shipment of the equiprr~ent, it shall not be considered in default, subject to damages, nor shall the order be subject to c~nce(latian without payment of appropriate cancellation costs. City of Ashland, Ql~ Ovivo USA, ~"Buyer}'} ~r'Seller'°} gy: By: Dame: 'V~ 1~. ~ Name: Leon Corset' Title: ~~lC. ~~~-S I('Pt.~.- Title: 1~ield Service Manager Date: ~ ( Date: ~/~,~/1,7 A~ T~ F~I~M Ashland Asst Ciry omey nit ~ ~ - ~ 1 AcoRD" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 3/31/2014 3/21 /2013 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 certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC-1 Kansas City NAME: 444 W, 47th Street, Suite 900 Alc, No, Ext : arc, No Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A : Sent Insurance a Mutual Coen an 24988 INSURED 0UIU0 USA, LLC INSURER B : Serttt CaSUalt Com an 28460 1347207 4246 RIVERBOAT ROAD INSURER C SUITE 300 SALT LAKE CITY UT 84123 INSURER D INSURER E ; INSURER F COVERAGES CERTIFICATE NUMBER: 11718189 REVISION NUMBER: XXXXXXX 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. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $XXXXXXX NOT APPLICABLE DAMAGE TO RENTED XXXXXXX COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence CLAIMS-MADE ~ OCCUR MED EXP An one erson XXXXXXX PERSONAL & ADV INJURY $XXXXXXX GENERAL AGGREGATE $XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $XXXXXXX PRO- $ POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A N N 90-15666-03 3/31/2013 3/31/2014 Ea accident $ 1,000,0[) A X ANY AUTO 90-15666-04(MA) 3/31/2013 3/31/2014 gODILYINJURY(Perperson) $XXXXXXX AUTOS NED AUTOSULED BODILY INJURY (Per accident $XXXXXXX NON-OWNED PROPERTY DAMAGE $XXXXXXX X HIRED AUTOS X AUTOS Per accident $XXXXXXX UMBRELLA LIAB OCCUR EACH OCCURRENCE $XXXXXXX EXCESS LIAB CLAIMS-MADE NOT APPLICABLE AGGREGATE $XXXXXXX DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- A AND EMPLOYERS' LIABILITY N 90-15666-~1 3/31/2013 3/31/2014 X TORY LIMITS B YIN 90- l 5666-02 3/31/2013 3131 /2014 $ 1 000 000 ANY PROPRIETORIPARTNERIEXECUTNE ~ N I A E.L. EACH ACCIDENT OFFICERlMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ 1,000,000 If yes, describe under 1 000 000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A AUTOMOBILE PI-IYSICAL N N 90-15666-03 3/31/2013 3/31/2014 PHYSICAL DAMAGE $500 DF,D A DAMAGE 90-15666-04 (MA) 3/31/2013 3/31/2014 COMP; $~00 COl.L1S[ON DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES !(Attach ACORD 101, Additional Remarks Schedule, if more space is required) For Bidding Purposes. 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. 11718189 AUTHORIZED REPRESENTATIVE For Information Purposes Only ACORD 25 (2010!05) ©988-2010 AC D ORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD BFL CANADA R'sk antl Insurance Inc. ~ I 2001 McGil Cdege Avenue, Sine 2200 L,J L Montreal, Quebec H3A 1 G1 Td.: (514)8433632 r y CANADA 1-866-688-9888 Faz: (514) 843-3842 Evidence of Insurance This is to certify to; For Information Purposes Only that the following described policy(ies) or cover note(s) in force at this date have been effected to cover as shown below, Named Insured: Ovivo USA, LLC Address; 4246, Riverboat Road, Suite 300, Salt Lake City, Utah 84123, United States Description of operations andlor activities andlor locations to which this certificate applies; Policy Period Limits of Insurance Type Insurer Policy Na from (mmlddlyyyy} to (mm/ddl ) (in US dollars) Comprehensive Zurich North America GLO 3374050 March 31, 2013 5,000,000 USD Each Claim General Liability to June 30, 2014 5,000,000 USD Annual Aggregate in respect -Bodily Injury and of Products and Completed Operations Property Damage Hazard OCCURENCE BASIS Including; • WORLDWIDE 5,000,000 USD Personal and Advertising Injury This evidence of insurance is issued as a matter of information only and is subject to all the limitations, exclusions and conditions of the above-listed policies as they now exist or may hereafter be endorsed. Limits shown above maybe reduced by Claims or Expenses paid, BFL CANADA Risk and Insurance Inc. Signed in Montreal on August 14, 2013 Per: Authorized Represenfafive Policy issued via Lockton Companies, LLC 444 W. 47th Street, Suite 900 Kansas City, MO 64112 International Insurance Brokers www,BFLCANADA,ca A~^~ ~ DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 11/2812017 6/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, 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 Lockton Companies NAMEACT 444 W. 47th Street, SUlte 900 PHONE FAX AlC No Kansas City MO 64112-1906 E-MAIL ~816~960_900~ ADDRESS: INSURER S AFFORDING COVERAGE NAIC # INSURER A :The Travelers Indemnit Com an 25658 INSURED OVIVO USA, LLC INSURER B : TraVeleTS Indell"lnli; Co of CT 25682 1389835 4246 RIVERBOAT ROAD, SUITE 300 INSURER c SALT LAKE CITY [1T 84123 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 14790885 REVISION NUMBER: XXXXXXX 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $XXXXXXX CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $XXXXXXX MED EXP (Any one person) $XXXXXXX PERSONAL 8~ ADV INJURY $XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $XXXXXXX POLICY DPRO- JECT LOC PRODUCTS - COMPIOP AGG $XXXXXXX OTHER: $ A AUTOMOBILE LIABILITY y N R IOF057609 11/2812016 11/28/2017 COMBINED SINGLE LIMIT $ Ea accident 1 OOO OOO X ANY AUTO BODILY INJURY (Per person) $XXXXXXX X OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $XXXXXXX $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $XXXXXXX. DED RETENTIONS $ }(~{}(}(]{X}{ B WORKERS COMPENSATION N X STATUTE ~RH AND EMPLOYERS' LIABILITY YIN UB3F65465 11/28/2016 1 1128/2017 ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ ] 000 000 OFFICERIMEMBER EXCLUDED? ~ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ ] OOO OOO If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ ] 000 000 A AUTO PHYSICAL DAMAGE N N 8103F057609 11/28/2016 11!2812017 COMP. DED: $1,000 COLL. DED: $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Ashland WWTP; Ciry of Ashland Agreement dated 06/12117. The City of Ashland, Oregon, and its elected o~cials, officers and employees are additional insured with respect to the automobile liability coverage, which is primary coverage to the additional insured and other available insurance will be non-contributory as required by written contract, subject to the terms and conditions of the policy. 30 days written notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION 14790885 City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 E Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. e AUTHORIZED REPRESENTATIV i ! ~t j f ~ ~ ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ~ ~ ~~r~~~~ _'t~.. ~ ft~:~.] I r ..,..lei,. +~~.CCii.~., u~£i.% ~~rtl~V ~'l~~l.~~~~`t111;; lj~.., ~,.Ir~ 1!J~I ~ ~\A.a'~~~~:~ T ~ S 3 r51,' ~ y J ~ R ~ ~ J -1.~ `a i 9~ ! j '~yS \ 4q hag THIS IS TO CERTIFY T0. City of Ashland 20 E Main Street Ashland, OR 97520 U.S.A that the following described policy(ies) or cover note(s) in force at this date have been effected to cover as shown below: NAMED INSURED: Ovivo USA, LLC ADDRESS: 4246 Riverboat Road,. Suite 300, Salt Lake City, Utah, 84123, United States Description of operations andlor activities andlor locations andlor vehicles to which this certificate applies: Project: Ashland WWTP; City of Ashland Agreement dated 06112117. TYPE INSURER POLICY N~. POLICY PERIOD LIMIT OF INSURANCE from (mmlddlyyyy) to (mmlddlyyyy) Commercial AIG Insurance 66458481 From 0613012017 USD 5,000,000 Each Occurrence for Bodily General Liability Company of Canada & 02LX0679884030 to 0613012018. Injury and Property Damage (Occurrence Form) USD 5,000,000 Policy Annual Aggregate USD 5,000,000 Annual Aggregate in respect of Products and Completed Operations USD 5,000,000 Personal and Advertising Injury USD 5,000 Medical Expense USD 100,000 Damages to rented premises Incl. Sudden & Accidental Pollution Professional Liability AIG Insurance 04-540-69-14 From 06(3012017- USD 1,000,000 Each Occurrence l Annual Indemnity Company of Canada to 06!3012018 Aggregate Additional Insured: It is understood and agreed that The City of Ashland, Oregon, and its elected officials, officers and employees are added as Additional Insureds but solely on the General Liability policy but only with respect to liability arising out of the operations of the Named Insured as it relates to the activity to which this certificate applies. Additional Information; Special clauses: Worldwide Coverage Cross Liability & Severability of Interest Clause Coverage is Primary &Non-Contributory This certificate is issued as a matter of information only and is subject to all the limitations, exclusions and conditions of the above-listed policies as they now exist or may hereafter be endorsed. Coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days prior written notice has been given to the Buyer and Seller and to each other additional insured identified in these Supplementary Conditions to whom a certificate of insurance has been issued. Limits shown above may be reduced by Claims or Expenses paid, BFL CANADA Risk and Insurance Inc, ,I~ f Y : . I. i~ j ~ i i~~ ~ „y Signed in Montreal on June 23, 2017 Per.' Aufhorized Represenfafive Policy issued via Lockton Companies, LLC, 444 W. 47~ Street, Suite 900, Kansas City, MO 64112 BFL CANADA Risk ~ntii Is~sur~r~~~~~~e I~°~r. F~i«~~ci~l ~~~vi~°~ (~i3~~ bflcanada.ca Kariann Olson From: David Gies Sent: Wednesday, June 28, 201711:16 AM To: Kariann Olson Subject: FW: OVIVO Field ServicelAshland, OR Contract Attachments: 16-17 City of Ashland.pdf;17-18 806 City of Ashland.pdf Importance: High Kari, Here are the insurance certificates from OVIVO. Dave From: Corsey Leon [mailto:Leon.Corsey@ovivowater.com] Sent: Wednesday, June 28, 201710:49 AM To: David Gies Subject: RE: OVIVO Field Service/Ashland, OR Contract Importance: High Thank you David. I just received the insurance certificates as requested, I have attached for your records. Leon Corsey I`i~~ld ~~ervice rUlar~ager r~'i ~.i~~~ i~::i I:~~ I/I i~id ~.i ~tri~~~i I Flo rtl~i Ar~~7 ~:z rica T :801.931.3254 C :801.895.6488 F :801.931.3080 E : leon.corsey@ovivowater.com ovivo usA, LLC ~'t~:>='a(~ I~iv+;~i°l:~c~~~t I~c:~~~cl, ~~:iit~~ :~C)U `:~t41t ~.ttlytia ~.ittrl, L~.,I ~ \ S:5 hY ~4J i:c~rrfiri~rttiaiil:y Nr~t:ice: ~~l~irr, ru~~s,,~E,r~, ir~iclurlin~ any atf~~~che~ filti~, is intended or71~f for the i.r=.re of theindividual or entity to which it is addressed. I~t m<~y contain infiorrnat~ion tl~~at is iarivile~ti~r~l, r.r~i~~iti~i~7ti,~l and ~~err~pt trnr~~ disclosure under aK,~licable law. Ifitl~ie reader ofthis r~~essage is not the intended recipient; you are hereby notified that an+{use, rli,~r~rr~in<riion, raiyirikiul iorr, ropyir7~ or rlisclasure of this r.ommunication ~is strictly prohibii~ed. I~f you have received this communication in error, please niatifiy us ~rruii~=ili<.rtely~ by reply c:-rj~~~ail ani~ delete all ~r.:~i:~i~~s of the ori~;in~~l t:omrrrunicatian. Thank You. From: David Gies [mailto:david.giesCa~ashland.or.us] Sent: Wednesday, June 28, 201711:15 AM To; Corsey Leon Subject: RE: OVIUO Field Service/Ashland, OR Contract . 1 Hi Leon, Here is the P.O. Dave From: Corsey Leon [mailto:Leon.Corsey@ovivowater.com] Sent: Thursday, June 22, 20171:49 PM To: David Gies Subject: RE: OVIVO Field Service/Ashland, OR Contract Importance: High Hello Dave, Alongwith the hard copy of the P0, can you also send methe signed executed contractsfor my records? Thanlcyou, Leon Corsey F'i~yl~J ~c8rvice Illl~,~r~ager L~It~~~~ic:il~~:~l/Ir~tJ~t=~tri~~l f'Jnr~th An~terica T :801.931.3254 C :801.895.6488 F :801.931.3080 E : leon.corsey@ovivowater.com OVIVO USA, LLC ~'i?.~"~f:~ 14iverl~c~t~t Ftc~ac:i, ~~iite 3C~0 ~?._w, Corifi~ler7ti~ality ~~otice: ~I~i~u ~ t~F~, Vnrluding any atraci~~~~d fiile, is intended only ft~ar tine u~>~~ raf the individual or entity to which it is addressed. It may contain inforrr7ation that. is p~~ivile~~~d, ~:unf idc~rrtial anti ~~xernpt fron7 Misr„It;sure un~~er aWi~~licafal~ la~~v. If the reader of this rr~essa~e is not the intended recipient, yogi arP hereby n~tifi~d 1:hat ~ii7y us~~, disseit~ination, distribution, copying or disdos~are of~ this communication is strictly prohibited. If you have received this comrntmication in error, please r7{:~tify us irrur~~~tliately by reply e-rr~~ail <:irrd c~ielc~te all t,opies ofiti~~e original comn7unieation.Thank You. _ From: David Gies [mailto;david.giesCa~ashland.or.us] Sent: Thursday, June 22, 2017 2;29 PM To: Corsey Leon Subject: RE; OVIVO Field Service/Ashland, OR Contract Hi Leon, Here is the P.O. (806) for the field service visit. Hope to see you on the 27t". Any questions, give me a call at: Work 541-552-2335 or 541-499-7136. 2 Dave From: Corsey Leon [mailto:Leon.Corsey@ovivowater.com] Sent: Tuesday, June 20, 201712:47 PM To: David Gies Subject: RE: OVIVO Field Service/Ashland, OR Contract Importance: High Hello David, Per your request, I have attached the signed contract. I am working on the certificate of insurance for you as we speak. Also, we will stick with the original quoted price. Do you need me to mail the original copy to you again? Thank you, Leon Corsey I:~trylt~i 'Sc~rvi~:e I'~I~~nager IUI~~i~~it::il~~~l/Inclu~trial IVurth Arr7erica T :801.931.3254 C :801.895.6488 F :801.931.3080 E : leon.corsey@ovivowater.com OVIVO USA, LLC Ii~~~~rl~~~.y~~t }~c.~~tcJ, ~y~ii~e :fit.}() e x_f.ti.5?~. we. t'~,~~olid~1nC.i~~lit:y f~itrtit:e: TI~i~7 t~t~, inc(udi~~~g <:~ny ~~tta~,N~9ed filF~, is intended only for the use of the individual ar entity to whit:h it is addressed. It may contain information that is privileged, ct~~~iilirsntit~l and E~~~c~mi~~t from clisclos~ire ~~mder applir,~~bie law. if the rt~ader ofthis message is nat the intended recipient, you are hereby notified that: any use, ~ i~~.~F.~n~inati~,n, di5irib~itic~n, copying or disclosure of this communication is stricth~ prohibited. If yo~~a have received this communication in error, please notiFy us inurr~diatf~l~~ Ivry rt~pi+~ ~:-mail rind delete all cr.~pies o(thE:~ original camn~~unicatiai~~. Thank Vou. From: David Gies [mailto:david.giesCa~ashland.or.us] Sent: Tuesday, June 20, 201710:07 AM To: Corsey Leon Subject: RE. OVIVO Field Service/Ashland, OR Contract Hi Leon, have attached the new contract. Per our phone conversation, please sign and return asap. Dave From: Corsey Leon [mailto:Leon.Corsey@ovivowater.com] Sent: Monday, June 19, 2017 2:23 PM 3 To: David Gies Subject: RE: OVIVO Field Service/Ashland, OR Contract Importance: High Hello David, Here is the FedEx tracking # 604364230606. Also, what date would you prefer us to be onsite:6/22/17 or 6/27/17? Keep me updated. Thank you, Leon Corley (=i~ylrl ~~~~~vi~~~ ~~~rya~~~~r (~~~~I~~~~Wi~~i(~~~1~1r~~~~~a~~~i:ri~~l I~~~r~t~l~~~ A~~ncrica T :801.931.3254 C :801.895.6488 F :801.931.3080 E : leon.corsey@ovivowater.com OVIVa USA, LLC ~i~f,l(.~ Iti~~~t~f.i.~+:}r~~ F(~:~r~cl, tii~~~ La.5''4'A% ~S tl'bR ~G~:8~~6 W f S.q~G ; i ~~,lYflfl~lt'rltlallky I~~t}t'IC~. Tf~i~ iue:;t~~i~;f~, irnl~niing ~,ny ~tta~~hed file, is intended only ft~n~ the use of the individual or entity to which it is addressed. It i~7ay contain ir7forn~iation tf7at is M:rrivile~~~~d, ~onfi~➢~~~~rti~~l and ~nt~t~r~~pt trorr~ rii~clu~ui~~e uru~er aphlis:ahle law.lf tl~7e readei° ofi this message is not the intended recipient, you are hereby notified that any use, rli~, ,~~~rr~ii~~~~tian, di~lrihiati«n, i,i~}.Eyin~; or iaisclo~ure of tf~~is communic~.~tion is strictly prohik~ited. If yni.a have received this communication in error, please notify iii:, ~t~~n~~ ~1i~it~°J~, fey r~~~aly ~~~t~n~~il ::end d~l~~te all cuf~ies of the original ~:orr~rr~unication. Thank You, _ From: David Gies [mailto:david.giesCa~ashland.or.us] Sent: Monday, June 19, 2017 3:02 PM To: Corsey Leon Subject: RE. OVIVO Field Service/Ashland, OR Contract Thanks From: Corsey Leon [mailto:Leon.Corsey@ovivowater.com] Sent: Monday, June 19, 2017 2:00 PM To: David Gies Subject: RE: OVIVO Field Service/Ashland, OR Contract Importance: High Hello David, Thankyou forthe update. i will overnight documentstoyou. 4 Leon Corset' Fi€yl~l ~~~~r°vi~,~~ IVl::rrta~er 1~ll~tt~~ti~vi~.y<~I/I~~~riafi.l:rit~I ~J~~rth~ Arr~~rich T :801.931.3254 C :801.895.6488 F :801.931.3080 E : leon.corsey@ovivowater.com ovlvo usa, ~~c ~'I:''li I~it~~-,d 1:~~~~~~ Ftc~i~d, `~ttit~~ ~C)t~ (ut3nl"id~~ntirr~ity Nt~tice. l~t~~ ~nF~<,s o~;e, inrlur~lirtig any attached f~lc, is intended only for the use of the individuap or entity to which it is addressed. It may contain ini'ormation tr,at is privileged, ~.i~ni~dent.~~~l and e~~rr~pi fron7 disclosure t.inr.~ler ap~licar~le law. Ifitl~~e reader of this message is not the intended recipient, you are hereby notifiied that: ai7y ~.i~~e, di~,~.F~rni~~iati~~n, distribution, ~:otaying or riisrlosure of this con~u7~ur3iration is strictly prohibited. If you have received ibis carr~municatioi~ in error, please notifiy~ us irrii~~r~rli:~t~~l~~ by r+~;ii~~f rr~~~il and delr~te all copies of Che original comn~uar7ication. Thank YOIf. From: David Gies [mailto:david.giesCa~ashland.or.us] Sent: Monday, June 19, 2017 7:18 AM To: Corsey Leon Subject: RE. OVIVO Field Service/Ashland, OR Contract Hi Leon, Thanks for taking care of this. I will need the original mailed back to me. In the meantime, I will start the P.O. process. Dave From: Corsey Leon [mailto:Leon.Corsey@ovivowater.com] Sent: Friday, June 16, 20171:16 PM To: David Gies Cc: Bill Diemer; Morris Todd; ScrogerJeff Subject: RE: OVIVO Field Service/Ashland, OR Contract Importance: High Hello David, Sorry for the delay on this, the contract went to a different fax machine and I received it yesterday. I have signed the contract, but,our insurance company requiresthatwe use the attached amendmentwith all contracts. Please sign and return a final copy to me along with the P0. Once we have the P0, we will process the order and firm up the date for this inspection. I have reserved next Thursday, June 22nd, 2017 for you. Please let me know if that will work far you. If not, the following Tuesday, June 27tf', 2017 is open and reserved for you as well. Keep us updated and let me know if you need anything else from us. Have a great weekend, 5 Lean Corset' ~~~~i~;i ~~~~~~~~ic~~~ I'~~r~a~~r I'`~'It.~r~~i~:.i~~~a~I/Ir~~~:l~~~tri,~~~( I'~~r~~~~t1~7 ~rr7erica T :801.931.3254 C :801.895.6488 F :801.931.3080 E : leon.corsey@ovivowater.com OVIVO USA, LLC z~;,~~~> Iii+rr~r~~~~:~~~~ f~c~~~cl, ~;~.iit~~ :~(~(J sy r ~ ~ ~ 3 (,i:}fi~~d;~tl"1k~a~11:~( ~'~~;a1:it;e, 1-l~n. ~n.~s~s.+pyr~, inrhidirE~; any attaci~led file, is irltenr~ied only fr.~r the use of the individual or entity to which it is addressed. it may contain information that is privile~k~ri, cr7~~~ii~l~~~rti~,l ~1n~a t~nempt trorl7 ~ai~~,~aosure under ap~:~lical:~le law, If the reader of this message is not the intended recipient, you are hereby notified that any use, dh~~~~°r~iin~~tiowl, tiii~>trib~itioi~l, a1K}yin; oi~ disclosure of this cor~nn~~unication is sti~~ictly prohibited. if you have received this communication in error, ple~lse notify ~i5 ii~n~nt~i~liatelyr k~~y rr3d~~(y ~:Y-mail any delete all co~aies of the original c~amrn~~nication. Thank You. 6 Purchase Order ~ zr ~ Fiscal Year 2017 Page: 1 of: 1 - - _ : ~ 191 = ~,~1'._E.~~.~1~1=~1.[.-_.^ B City of Ashland - L ATTN: Accounts Payable ~ Purchase L 20 E. Main Q O Ashland, OR 97520 Order # V T Phone: 5411552-2010 0 Email: payable@ashland.or.us V OVIVO USA LLC H CIO Wastwater Treatment Plant N 4246 RIVERBOAT RD 11195 Oak Street D STE 300 P Ashland, OR 97520 0 SALT LAKE CITY, UT 84123 Phone: 5411488-5348 R O Fax:5411552-2364 Ven~QrPhQn~ Numt~er~ 'VendQC~Fax=@~k~~ ~_-Ida-~-.,iQra~r.~~~~._ ~ _ David Gies Qate Or~iere~___; _V~r~Qr ~~rr~b~~ _~a~~cr~e~i== - _ ~ = --se~~i3«~ ~#~EQ~atiQn 06126/2017 3447 Cit Accounts Pa able _ _ltem#~ ~ _ - _ _ - - ~~t~Q~ ~~t~:~--- ~ - ~ - _ ~ _ =L~f~~ ~d=Pace HeadworksGrit System 1 Field service for headworks grit system repairs. 1 $4,050.0000 $4,050.00 Contract for Goods and Services Less than $25,000 Beginning date: 0611212017 Completion date: 0713112017 Project Account: GL SUMMARY ~ 086100 - 604100 $4,050.00 ~ I ~ ~ - By: ~ r~~ ,,,rw... Date. - Authorized Si ature = = _ - 4 050.00 I~~ Date of request. ~ ' ~ 7 . Required date for delivery; Vendor Dame ~ V ~ Address, Clty, State, ~~p ~antact Name ~ Telephone Number Fax Number 7' ❑ Exempt from Competitive Bidding ❑ Emer enc ❑ Reason for exemption: ❑ Invitation to did {Copies on fife} ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote ar proposal attached ❑ Written uote or ro osal attached Attach co of council communication If council a royal re aired, attach co of CC ❑ Small Procurement Cooperative Procurement Less than 5 X00 ❑ Request for Proposal (Copies on tile} ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ VerbailWritten quote{s} or proposal{s} .(Attach copy of counci[ communication} ❑ State of Washington intermediate Procurement Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 ar 8} ❑ Other government agency contract ~5y000 to ~~O~sOQO Written quote or proposal attached Agency ❑ {3}Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement IntergavernmentalAgieement ~S,OOU to X75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,OOg, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ {3} Written proposalsiwritten solicitation Date approved by Council: {Date} ❑ Farm #4, Personal Services $5K to $75K Valid until: Date (Attach copy of council communication} sr~~~ 1i~ES ~t~~ s ~°k 0 , c~ a~~ Q~~s, ~~ern uanft nib ~~c~~pti~n ®f A'TE~I~AL rat# Pr~~~ Te~~~t T~~~~ c~s~° Per attached q~otelproposal ~ * as ~ y__ Expenditure must be charged fo the appropriate account numbers for the financials to accurately re~ect the actual expenditures. a ~ ~ ? ~a ~,dt"94Gir~l~i ?tw 4 ~.'~~~iift„~a~: " s~. ,`eFF?? By signing this requisition f rm, I certify that th City's public contracting requirements have been satisfied. Employee; p De artrnent Nead: ~ ~ ` ~ (Equal t ~r~greater than ~5,000~ Department ManagerlSupervisar; City Administrator; (Equal to or greater than ~2~,aaa} P.., w~~~ . o : r _ ~ ~ r i " ...».e ,,,..,..e... t ,ya .a,.+-.- t ! ~~7 00~ as ~L . i~3 v~ `mot ,.xtFa~°:. r.z}~' y,.a t~~~t,~~ fi..E~.:a _.,.,...«..~~,~.u..,....» fP0n ea6.. ~;.6 „ e. s. FOrfTI - RequiSihon