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HomeMy WebLinkAbout2019-182 20200015 Polydyne, Inc GOODS & SERVICES AGREEMENT PROVIDER: Polydyne, Inc. CITY OF PROVIDER'S CONTACT: Jacob Cole,Technical Sales Rep. ASH LAN D 20 East Main Street ADDRESS: 1 Chemical Plant Road, PO Box 279 Ashland, Oregon 97520 Riceboro, GA 31323 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 800-848-7658 EMAIL:Jcole@polyclvneinc.com This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Polydyne, Inc. ("hereinafter"Provider"), for Polydyne Clarifloc C-6286 (Liquid Polymer). 1. PROVIDER'S OBLIGATIONS 1.1 Provide Polydyne Clarifloc C-6286 (Liquid Polymer) as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and Polydyne Inc. 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum up to $76,800.00 (60,000 Lbs. @ $1.28 per Lb.) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$76,800.00 without express,written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. Page 2 of 5: Agreement between the City of Ashland and Polydyne Inc. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of', or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written price quote dated May 10,2019. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; Page 3 of 5: Agreement between the City of Ashland and Polydyne Inc. 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2020, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen(14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Wastewater Treatment Plant Attn: David Gies 1195 Oak Street Ashland, Oregon 97520 Phone: (541)488-5348 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Polydyne, Inc. Attn: Jacob Cole XXXXXXX 8. WAIVER OF BREACH Page 4 of 5: Agreement between the City of Ashland and Polydyne Inc. • One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: POLYDYNE,I C ('ROVIDER): By: /,?'r�I By: ,4c.1.141 City Administrator Signature ,,, a„ r Boyd Stanley Printed Name Printed Name Oil/9 Vice-President Date Title 6/24/19 Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) Page 5 of 5: Agreement between the City of Ashland and Polydyne Inc. • APPRO ED AS TO FORM: tal) Assistant C Attorney — q Date Page 6 of 5: Agreement between the City of Ashland and Polydyne Inc. ISNF POLYDYNE www.polydyneinc.com May 10, 2019 City of Ashland WWTP ATTN: Mr. Gies 90 N. Mountain Avenue Ashland, OR 97420 SUBJECT: POLYDYNE CLARIFLOC C-6286 CONTRACT EXTENSION Dear Mr. Gies: SNF Polydyne would like to thank you for the continuing business. The city of Ashland, OR waste water treatment plant has been a valuable customer for many years and we look forward to continuing that relationship. Polydyne, Inc is offering to extend the current agreement - •'- : . 019 and ending June 30, 2020 for Clarifloc C-6286 at the pric of$1.28 per neat poun•. All conditions will remain the same. We appreciate your continuing business and for being a valuable partner with SNF Polydyne. If you have any questions, please do not hesitate to call me at (360) 931- ' 5566. Sincerely, Jacob Cole Technical Sales Representative Polydyne Inc. Jcole©polydyneinc.com 1 Chemical Plant Road • P.O. Box 279 • Riceboro,GA 31323 USA •Tel 800.848.7659 • Fax 912.880.2078 • / 1 ® DATE(MM/DD/YYYY) ACRD CERTIFICATE OF LIABILITY INSURANCE 12/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Phone No.: (212)488-0200 CONTACT NAME: Fax No.: (212)488-0220 PHONE FAX Frenkel&Company, an EPIC company EAI NCIANo,Ext): (A/C, 350 Hudson Street—4th Floor ADDRESS: New York, NY 10014 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: AIG SPECIALTY INSURANCE COMPANY 26883 INSURED INSURER B: COMMERCE&INDUSTRY INSURANCE COMPANY 19410 Polydyne Inc. INSURER C: TRUMBULL INSURANCE COMPANY 27120 One Chemical Plant Road INSURER D: PO Box 250 Riceboro GA 31323 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OFINSURANCE ADDL SUBR POLICY POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMMInn/YYYYI IMM/nD/YYYY1 A X COMMERCIAL GENERAL LIABILITY X EG14362834 12/31/2018 12/31/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $500,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) MED EXP(Any one person) $25,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- PRODUCTS-COMP/OP AGG $2,000,000 JECT LOC OTHER: $ B AUTOMOBILE LIABILITY X CA4691818 12/31/2018 12/31/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) - $ A UMBRELLA LIAB X OCCUR X EGU18403155 12/31/2018 12/31/2019 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTIONS $ C WORKERS COMPENSATION 1OWNR30600 12/31/2018 12/31/2019 X STATUTE OETH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Ashland is included as Additional Insured under General Liability, Automobile Liability and Excess Liability coverage as required by contract with respect to liability arising out of the operations of the Named Insured, as their interest may appear, and subject to the policy terms conditions and exclusions. Coverage applies on a primary and non-contributory basis as required by contract and subject to the policy terms conditions and exclusions. RE:Polymer—Clarifloc C-6286 30 DAY CANCELLATION CLAUSE INCLUDED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISION 90 N. Mountain Avenue AUTHORIZED REPRESENTATIVE 1 Ashland,OR 97420 �� _ - ce-'Z fat__ C.-L t.••ec_2 cL-r- ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD r I ENDORSEMENT hp This endorsement, effective 12:01 A.M. 12/31/2018 forms a part of h' I Policy No.CA 469-18-18 issued to SNF HOLDING COMPANY h 1 by COMMERCE AND INDUSTRY INSURANCE COMPANY ii THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ii ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT I 1 x This endorsement modifies insurance provided under the following: j r il BUSINESS AUTO COVERAGE FORM SCHEDULE I 1 il ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO '' i e i P } 1 R I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: u d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: lr (1) The coverage and/or limits of this policy, or 1 (2) The coverage and/or limits required by said contract or agreement. 1 I 1 7//‘-- -'71 .--------- 7 AUTHORIZED REPRESENTATIVE i i55 1 i i 87950 (9/14) Includes copyrighted information of Insurance Services Office, Inc., Page 1 of 1 $ with Its permission. if Rg 3 1 i i 9 I f ENDORSEMENT NO. 43 (Continued) 1 However; I 1 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. II. As respects the coverage afforded the additional insured(s) scheduled above, this insurance is 1 1 i primary and non-contributory, and our obligations are not affected by any other insurance i i carried by such additional insured(s) whether primary, excess, contingent, or on any other basis. 1 s i III, With respect to the insurance afforded to these additional insureds, the following is added to g Section III -Limits Of Insurance: x If coverage provided to the additional insured is required by a contract or agreement, the most g 1 we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 1 t€ 1 2. Available under the applicable Limits of Insurance shown in the Declarations; g whichever is less. t 1 r This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. e i 1 t a II e i Y +, I II 6yRg s y I E i a I ${ gk 3# k 3 i y$ 1 I All other terms, conditions and exclusions remain the same. '7 1 3 1 Authorized Representative J Ir or countersignature (where required by law) F l I 1 I 3 ! y ENDORSEMENT This endorsement, effective 12:01 A.M. 12/31/2018 forms a part of Policy No.CA 469-18-18 issued to SNF HOLDING COMPANY by COMMERCE AND INDUSTRY INSURANCE COMPANY I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE GG 9p tt p�p 87950 (9/14) Includes copyrighted information of Insurance Services Office, Inc., Page 1 of 1 with its permission. 3 1 s 1 i i ENDORSEMENT NO.43 1 a ) This endorsement, effective 12:01 AM: December 31, 2018 I Forms a part of policy no.: EG 14362834 1 k Issued to: SNF HOLDING COMPANY 1 I By: AIG SPECIALTY INSURANCE COMPANY ) 1 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT - OWNERS, LESSEES OR CONTRACTORS - YOUR WORK j f This endorsement modifies insurance provided under the following: 9 r. i j COMMERCIAL GENERAL LIABILITY AND e I POLLUTION LEGAL LIABILITY POLICY 1 I SCHEDULE i l a Name of Additional Insured Person(s)or Organization(s): $ I BLANKET WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT I. l 5 I. Solely as respects COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 1 COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, COVERAGE E-2 • g PRODUCTS POLLUTION AND EXPOSURE LIABILITY, and COVERAGE E-3 - CONTRACTORS I POLLUTION LIABILITY, SECTION II - WHO IS AN INSURED is amended to include as an 1 additional insured the person(s) or organization(s) shown in the Schedule, but only with respect R to liability for bodily injury, property damage, personal and advertising injury, environmental e damage or emergency response costs caused by: j 1 j 1 A. Your acts or omissions, or j B. The acts or omissions of those acting on your behalf, f 1 f j arising out of your work, including your work included in the products-completed operations j j hazard, or your product. I u s i i. 1 j i i a .j 4 p 1 1 I 1 MNSCPT (12/18) I 1 i j I 5 g 1 1 SNF www.polydyneinc.com June 25, 2019 City of Ashland Attn: Kariann Olson 20 East Main Street Ashland, OR 97520 Subject: Contract— Clarifloc C-6286 (Liquid Polymer) Ms. Olson, Please find enclosed our executed copy of the referenced contract. I have also included a Contact Sheet and Payment Instructions for your reference. We thank you for your business. If you have any questions or require additional information, please feel free to contact me at (912) 880-2089 or polybiddpt @snfhc.com. Sincerely, Sandy,We & Sandy Wells Bid Specialist Bids and Contracts Department Enclosures SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 . sNFwww.polydyneinc.com Contact Sheet TO: City of Ashland Attn: Kariann Olson 20 East Main Street Ashland, OR 97520 Company Name: Polydyne Inc. Contact: Boyd Stanley, Vice-President Phone: (912) 880-2035 Fax: (912) 880-2078 Street Address: 1 Chemical Plant Road, Riceboro, GA 31323 Mailing Address: PO Box 279, Riceboro, GA 31323 Email: polybiddpt @snfhc.com Federal Tax ID #: 34-1810283 PAYMENT Remit To Address: PO Box 404642, Atlanta, GA 30384 Payment Terms: Net 30 Customer Service Contact: Jailisa Jones ext. 8722 Phone Number (Toll Free): 1-800-848-7659 Phone Number: (912) 884-3366 Technical Sales Contact: Jacob Cole Phone Number: (360) 931-5566 Email: jcole @polydyneinc.com If you have any questions regarding the information provided above, please do not hesitate to contact me at (912) 880-2089. Thank you. Sincerely, Sandg Welts Sandy Wells Bid Specialist Bids and Contracts Department SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 SNF www.polydyneinc.com Payment Instructions Wire Transfer: BANK OF AMERICA, N.A. 100 W. 33 St. New York, NY 10001 PHONE: (646) 733-4766 or (646) 733-4765 FAX: (646) 733-4874 ABA: 026009593 061000052 (use this ABA for all ACH payments) SWIFT: BofAUS3N (if remit is in US Dollars) BofAUS6S (if remit is in Foreign Currency) TELEX: 420831 IN FAVOR OF: POLYDYNE INC., RICEBORO, GA 31323 (USA) ACCOUNT NUMBER: 3282509563 ******************************************* Credit Card: Polydyne Inc. accepts all major credit cards. Credit card payments may be submitted online at http://snf.us/Daypolydyne/. A receipt will be sent to the email address you provide once the transaction is complete. Credit card payments may also be authorized via email to: card payments @snfhc.corn ******************************************* Company Check/Other: REMITTANCE CAN BE SENT BY MAIL TO: POLYDYNE, INC. P. O. BOX 404642 Atlanta, GA 30384-4642 REMITTANCE CAN BE SENT BY COURIER, POLYDYNE, INC. FEDEX, UPS or other service to: ONE CHEMICAL PLANT ROAD RICEBORO, GA 31323 USA Or: POLYDYNE INC. LOCKBOX 404642 6000 FELDWOOD ROAD COLLEGE PARK, GA 30349 USA Thank you for your business. If you have any questions, please contact Reginald Lee at (912) 884-3366 extension 2056 of via email at rlee @snfhc.com. SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA •Tel 800.848.7659 p . • Onn-}° Y OF ASHLAND • August 16, 2016 m Business Meeting Special Procurement for the purchase of Polymer for the W WTP FROM David Gies, waste water treatment plant supervisor, david.gies @ashland.or.us SUMMARY This"Contract-specific Special Procurement"will allow the Wastewater Treatment Plant to directly award a contract to PoIydyne for the purchase of clarifloc C-6286 (Polymer). This chemical is used at the W WTP to assist with the"thickening"of biosolids which removes excess water from the solids. The excess solids that are generated are in the 1-2%range and after being treated with this polymer, the solids are thickened to approximately 20%. Therefore,fewer loads of biosolids are hauled to Dry Creek Landfill as a result of using this polymer. The need for polymer may fluctuate from year to year or season to season based on sludge characteristics.This polymer continues to perform well and is the best product for the application. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed special procurement,approval request form is attached for your review and consideration. ' AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding(Invitation to Bid)'or Competitive Sealed Proposals(Request for Proposal)pursuant to ORS 279A—279C and the Model Rules except for the following: . . . ___ G. Special Procurements — a public contract for a class special procurement, a contract specific procurement or both,based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other- _ applicable provisions of law. FISCAL IMPLICATIONS: The wastewater treatment plant has budgeted$60,000 for polymer for FY 2017. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the"contract-specific special procurement"be approved. Page i of 2 iniga • • • cunt OF • ASHLAND SUGGESTED IVIOTION: The Council, acting as the Local Contract Review Board,moves to approve the public contra ct award to Polydyne for clarifloc C-6286(polymer). ATTACHMENTS: Form#9, Special Procurement Request for Approval • • • • • • • • • Pa:e 2 a12 • f Vas C i T Y OF FORM jf9 �S H LAN D SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: David Gies, Wastewater Treatment Plant Supervisor Date: August 16, 2016 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). I. Requesting Department Name: Wastewater Treatment Plant 2. Department Contact Name: David Gies 3. Type of Request: - Class Special Procurement X Conlract-specific Special Procurement 4. Time Period Requested: From t 2016 —�--.— To: June 30.2021 5. Total Estimated Cost: $60,000 is budgeted for Polymer for FY 2017 Note:The need for Polymer may fluctuate from year to year or season to season based on sludge characteristics. 6. Short title of the Procurement: POLYMER CHEMICAL Supplies and/or Services or class of Supplies and/or Services to be acquired: The chemical beirr.ac uired is Pol d 'ne Clarifloc C-6286 'of Hier . This chemical is used at the WWTP to assist with the"thickening"of biosolids which removes excess water from the solids.The excess solids that are generated are in the 1-2%range and after being treated with this polymer,the solids are thickened to approximately 20%.Therefore,fewer loads of biosolids are hauled to Dry Creels Landfill as a result of using this polymer. 7. Background and Proposed Contracting Procedure: Provide a description of what has been clone in the past and the proposed procedure. The Agency may, but is not required to,also include the following types of documents:Notice/Advertising,Solicitation(s),Bid/Proposal Forms(s),Contract Form(s),and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Not all polymer works the same. Finding the right inolymer roduct is clone by testing the solids and doing`jai tests"to see what works best for a specific application. When the WWTP Form//9-Special Procurement—Request for Approval,Page I of 3,8/17/2016 reconstruction was corn dete numerous manufacturers of.ol er .roducts were contacted and"•ar tests"were .erformed usin• the different •ol ers. It was determined at that time that the Pol d ne Clatifloc C-6286 was the best .roduct for this a. .lication and it has been continual] effective in thicicenin• the biosolids.The S p ecial Procurement that was a.'roved Jul 21 20I2 b the Council is due to ex.ire June 20 2016. Proposed procedure: The .ro•osed contractin_ .tncedtueis"direct award" for a term of five fiscal eats. • 8. Justification for use of Special Procurement: Describe the circumstances that justifythe use of a Special Procurement Attach relevant documentation. "Jar tests"were •etfoimed usin. various .of ••ers rovided b numerous manufacturers.And at that time it was determined that the Pol d ne Clatifloc C-6286 was the best.induct for this a..lication. 9. Findings to Satisfy the Required Standards: This proposed special procurement: • X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: It is unlilcel to diminish coin•etition because numerous manufacturers were contacted when the"•at• tests"were •eiforrned usin• the different •o! is ers and it was detemvned at that time after testin, various of mers that the of er manufactured by Pol d ne was the best fit for the a lication. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement);and (b)(i)will resultin substantial cost savings to the contracting agency or to the public because: • • (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X (b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055,279B.060,279B.065, or 2798070,or any rules adopted thereunder because: { At this time there is no need to conduct war tests"in search of another •ol enter that will erfoun in the same manner.The ol • er bein• used has continued to eifonn well and is meetin• the needs of the WW• P. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement) Form t/9-Special Procurement—Request forApproval,Page 203,6/17/2016 _. I „ Public Notice: Pursuant to ORS 27913.085(5)and OAR 137-047-0285(2),a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 2792.055(4)and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval Of a Special Procurement at least seven(7)Days before Award of the Contract. After the Special Procurement has been approved by the City Council,the following public notice will be posted on the City's website to allowfor the seven(7)day protest period. • • Date Public Notice first appeared on=.vwm-.ash ianclorais '';;;, • PUBLIC NOTICE Approval of a Specialpecial Present First date of publication: ,_J/rgr,; ,t'e : ;;rr 7 A request for approval of a Special Procurement was presented to and approved by the City Council,acting as the Local Contract ReviewBoard,on if;,,p;,;;, 2067. This"Contact-specific Special Procurement"was processed to seek an exemption from the competitive bid process to directly award a contract to Polydyne Inc.for the • acquisition ofPolydyne Clarifloc C-6286(Polymei)for a term of 5 years. This chemical is used at the WWTP to assist with the"thickening"of biosolids which removes excess water from the solids,The excess solids that are generated are in the 1-2%range and after • being treated with this polymer; the solids are thickened to approximately 20%.Therefore, fewer loads of biosolids are hauled to Dry Creek Landfill as a result of using this polymer. It has been determined based on written findings that the Special Procurement ement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts,and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by • complying with the requirements that are applicable in ORS 279B.055,2792.060, 2792.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR. 137-047-0300. A written protest shall be • • delivered to the following address:City of Ashland,David Gies,Wastewater Treatment • Plant Supervisor,20 East Main Street,Ashland, Oregon,97520. The seven(7)protest • • period will expire at S:OOpm on 17h, j, This public notice is being published on the City's Internet World Wide Web site at least • seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form$9-Special Procurement—Request forApproval,Paige 3 of 3,8/1812016 Fr All Purchase Order Fiscal Year 2020 Page: 1 of: 1 B City of Ashland - - _ = I ATTN: Accounts Payable Purchase L 20 E. Main 20200015 Ashland, OR 97520 Order# T Phone: 541/552-2010 p Email: payable @ashland.or.us V H C/O Wastwater Treatment Plant E POLYDYNE, INC. I 1195 Oak Street N PO BOX 404642 P Ashland, OR 97520 ATLANTA, GA 30384-4642 Phone: 541/488-5348 T Fax: 541/552-2364 0 800 848-7659 Daivd Gies 06/17/2019 579 FOB ASHLAND OR Ci Accounts Pa able Liquid Polymer-WWTP 1 Liquid Polymer 60,000 LBS $1.2800 $76,800.00 Firm price for term 07/01/2019 to 06/30/2020 Special Procurement Valid until 06/30/2021 Project Account: GL SUMMARY********** ** 086100 -601500 $76,800.00 By: ; ,V� Date: 1)-) 11 Authorized Signature - : $76 800.00 %,,cr. a-0° 4(-- - FORM #3 CITY OF CP 0 ( ASHLAND REQUISITION Date of request: 5/3 / 5 Vendor Name ' y // e Address,City,State,Zip / Contact Name Telephone Number Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 ❑ Written quote or proposal attached _(Attach copy of council communication) ❑ Written quote or proposal attached (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award (Attach copy of council communication) Contract#_ ❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: Contract# GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than$5,000 and less than$100,000 ❑ Sole Source Agency ❑ (3)Written quotes and solicitation attached ❑Applicable Form(#5,6,7 or 8) Contract# PERSONAL SERVICES ❑Written quote or proposal attached Form Intergovernmental Agreement Greater than$5,000 and less than$75,000 Agency ❑/arm#4, Personal Services>$5K&475K ❑Direct appointment not to exceed$35,000 0 Annual cost to City does not exceed$25,000. pecial Procurement 0(3)Written proposals/written solicitation Agreement approved by Legal and approved/signed by ❑Form#4,Personal Services>$5K&<$75K Form#9,Request for Approval City Administrator.AMC 2.50.070(4) Written quote or ttached Annual cost to City exceeds$25,000,Council Date approved by Council:untill: --/4 '/ ❑ ty Valid until: 6 -3o • 1 (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost `` er-rill(4/ rIsed •ft% d ,ofp, Si/r ee,_)• $ Item# Quantity Unit escription of MATERIALS Unit Price Total Cost , ' co`0cC J S. h QUA//8/1),/,‘,e-t-\- /j5 V 74 g`C C , i ["Per attached quote/proposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. 6 S L; e. Project Number -_ _ _ Account Number 6 G- / CO - t C/S'' 0 $ Project Number _ _ _ Account Number - $ , , . Project Number -— — Account Number - $ ,_ _ _,_ _ _ IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition 71111,I certify that th ity's public contracting requirements have been satisfied IT Director Date Support-Yes/No Employee: I I `- f k Department Head: / • /Skull to (En ill reater .n$511i Department Manager/Supervisor: City Administrator: /„Sv_ I. AL 1" (Equal to or• •ater■ an$25,000) ?_i3u`S op r/n/sd o?cow) oisca1 yea'. cy )` ND ~11111 0 le I,x7l /yfi'nance Director-(Equal to or greater than b,000) Date Comments: Form#3-Requisition