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HomeMy WebLinkAbout2019-202 20200014 ECO Services Operations Corp Contract for WTP & WWTP Chemicals (ITB #2019-101) CONTRACTOR: Eco Services Operations Corp. CITY OF ASH LAND CONTACT: Armond Johnson, Director of Business Kim King, Office Manager 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2002 Timberloch Place, Suite 300 Telephone: 541/488-6002 The Woodlands, TX 77380 Fax: 541/488-5311 TELEPHONE: 281-968-6500 EMAIL: armond.johnson @eco-services.com EFFECTIVE DATE: July 1, 2019 COMPLETION DATE: June 30, 2021 COMPENSATION AND GOODS AND SERVICES TO BE PROVIDED: All chemicals are to be provided and delivered as specified in the ITB#2019-101 chemical bid specifications. The bid submitted by Eco Services is attached as Exhibit C. Contract was approved by the City Council on May 21, 2019. Wastewater Treatment Plant—Chemical #8 Aluminum Sulfate Manufacturer: Eco Services Pricing for July 2019 to June 2020 $4,919.16 per order($410.34 per dry ton, 11.1 lbs per gallon, 4,500 gallons per order, no additional charge for delivery) Pricing for July 2020 to June 2021 $4,919.16 per order($410.34 per dry ton, 11.1 lbs per gallon,4,500 gallons per order, no additional charge for delivery) ADDITIONAL TERMS: In the event of a conflict or discrepancy among the contract documents,this City of Ashland Contract for Goods and Services will be primary and take precedence,and any exhibits or ancillary agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. k� 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $21,127.46 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this Contract for WTP&WVVrP Chemicals#2019-101, Page 1 of 6 1 - ,contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii--Thc rights and rcmcdics of City providcd in this subacctiarr(d) arc not cxcluaivc and arc.,Ln L -- -- - - -- -- -- ------ - - - . --- - - --- -• e. Obligation/Liability of Parties. Termination ormodification of this contract pursuant to subsections Ob, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: Contract for WTP &VWVfP Chemicals#2019-101, Page 2 of 6 , a/' Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for Bodily Injury and Property Damage. c. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, 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 to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. 22. Consultant's compliance with Oregon Tax Law: (1) Consultant represents and warrants to the City that Consultant 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; (U) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant;and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. (2) Consultant represents and warrants that, for a period of no fewer than six (6) calendar years preceding the Effective Date Agreement, it 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 Consultant;and (iii) Any rules, regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. Contract for WTP &WWTP Chemicals#2019-101, Page 3 of 6 Contractor: City of Ashland By By gnature Department Head 4M L, S6Z /W 47. 1 Print Name Print Name / 5 -.it 5 o/ 2. 1 S r/ Title ate W-9 to be submitted with the signed contract. ���D Purchase Order No. AP ri 0V 7 TO ,4• � � Ashland City Attorney Data S " Z( - 19 Contract for WTP&WWTP Chemicals#2019-101, Page 4 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (.) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the num. to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exem• rom backup withholding or (ii) it has not been notified by the Internal Revenue Service (IR that it is subject to backup withholding as a result of a failure to report all interest or divide : , or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor furt• -r represents and warrants to City that (a) it has the power and authority to enter into and perf. m the work, (b) the Contract, when executed and delivered, shall b e a valid and binding obli•.tion of Contractor a enforceable in accordance with its terms, (c) the work under the Con .ct shall be performed in accordance with the highest professional standards, and (d) Cont .ctor is qualified, professionally competent perform the ct . o certifies under penalty of perjury that its business and is duly not licensed in violation to of any Oregon work.tax Contra laws, 'or s an independent Contractor as defined in the contract documents, it is authorized to do busine : in Oregon, it is authorized to act on behalf of the City, and Contractor has checked four or mor- .f the following criteria that apply to its business. (1) I carry out the labor or servic- at a location separate from my residence or is in a specific portion of my reside 'e, set aside as the location of the business. (2) Commercial advertisi . or business cards or a trade association membership are purchased for the bus'• -ss. (3) Telephone listi . is used for the business separate from the personal residence listing. (4) Labor or se 'ces are performed only pursuant to written contracts. (5) Labor or --rvices are performed for two or more different persons within a period of one year. (6) I - sume financial responsibility for defective workmanship or for service not provided as idenced by the ownership of performance bonds, warranties, errors and omission surance or liability insurance relating to the labor or services to be provided. Contractor (Date) A4 ear) /14 C 33( Contract for WTP&WWTP Chemicals#2019-101, Page 5 of 6 CITY OF ASHLAND , OREGON EXHIBIT B City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating •a mentofalivin• wa.e. $15.12 per hour effective June 30, 2018 (Increases annually every June 30 by the 1/4111 Consumer Price Index) Employees must be paid a portion of business of their 401 K and IRS eligible living wage: employer, if the employer has cafeteria plans(including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee"does not employer and the City of $21,127.46. include temporary or part-time Ashland if the contract employees hired for less than exceeds $21,127.46 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50%or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers:This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASH LAN D Contract for WTP&WWTP Chemicals#2019-101, Page 6 of 6 AG-.com.u.® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)12/17/2018 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 have ADDITIONAL INSURED provisions or be endorsed.If d SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT a) NAME: AOn Risk Services Central, Inc. PHONE (866) 283-7122 FAX (800)800) 363-0105 m Philadelphia PA Office (NC.No.Ext): (NC.No.): One Liberty Place E-MAIL c 1650 Market Street ADDRESS: _ Suite 1000 Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Greenwich Insurance Company 22322 ECO Services Operations Corp. INSURER B: XL Insurance America Inc 24554 1 2002 Su Terloch Place Suite 300 INSURER C: Navigators Insurance Co 42307 The Woodlands Tx 77380 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570074178402 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER LJMITS LTR INSD WVD ((MMIDD/YYYYIl (MM/DDIYYYY1 A X COMMERCIAL GENERAL LIABILITY RGE300138601 12/15/2018 12/15/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE 1:1 OCCUR SIR applies per policy terns & conditions DAMAGETORENTED PREMISES(Ea occurrence) $1'000'000 MED EXP(Any one person) $10,000 PERSONAL 8ADV INJURY $1,000,000 0 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $3,000,000 PRO- X POLICY IJECT LOC PRODUCTS-COMP/OPAGG $3,000,000 0 OTHER: o N- A AUTOMOBILE LIABILITY RAD943789101 12/15/201812/15/2019 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) 0 OWNED SCHEDULED Z AUTOS ONLY AUTOS BODILY INJURY(Per accident) N HIRED AUTOS NON-OWNED PROPERTY DAMAGE U ONLY _AUTOS ONLY - (Per accident) _ 4= a). m C X UMBRELLALIAB X OCCUR NY18UMR702538QN 12/15/2018 12/15/2019 EACH OCCURRENCE $10,000,000 0 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I 'RETENTION B WORKERS COMPENSATION AND RWD300138701 12/15/2018 12/15/2019 x'PER I OTH- EMPLOYERS'LIABILITY YIN STATUTE FR ANY PROPRIETOR/PARTNER/EXECUTIVE I I E.L.EACH ACCIDENT S2,000,000 OFFICER/MEMBER EXCLUDED? I . I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S2,000,000 I/y descnbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 52,000,000— 2 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) BZ-C City of Ashland is Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General -�" . Liability and Auto Liability policies. tty ti- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Ashland AUTHORIZED REPRESENTATIVE r. 90 N. Mountain Avenue Ashland DR 97520 USA �> - ZUN- I ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: RGE3001386-01 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. 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. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 • POLICY NUMBER: RGE3001386-01 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury' required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. 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. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 6 , •(4- . EcosERvicEs 7 April 30,2019 Kari Olson City of Ashland 90 N.Mountain Avenue Ashland,Oregon 97520 Eco Services Operations Corp. is pleased to submit the following proposal for your requirements: Liquid Aluminum Sulfate,(Liquid Alum)Technical Grade Price/dry ton: $410.34 per dry short ton FOB: Delivered Terms: Net 30 Days from date of invoice This pricing is effective from date of bid acceptance. Attached you will find copies of: Eco Services Operations Corp.'s Terms and Conditions NSF Certification Product Specifications SDS Insurance Coverage To Place an order(24 hours a day): Customer Service- 800 642-4200 or Customer.service @eco-services.com Sales Representative: Tom Matus 951-520-3288 or Thomas.Matus@ ECO-Services.com Please note our office location: 2002 Timberloch Place, Suite 300,The Woodlands,TX 77380 Emergency Phone Numbers: FOR EMERGENCIES INVOLVING A SPILL,LEAK,FIRE,EXPOSURE OR ACCIDENT CONTACT: CHEMTREC(800-424-9300 within the United States or 703-527-3887 for international collect calls) Please do not hesitate to contact me if you require further information. Sincerely, Armond Johnson Director of Business Eco Services Operations/2002 Timberloch Place/Suite 300/The Woodlands, TX 77380 / (844) 812-1812 I , ECOSERV10ES Eco Services Operations/2002 Timberloch Place/Suite 300/The Woodlands,TX 77380/(844)812-1812 2019 GENERAL TERMS AND CONDITIONS 1. Seller will make all reasonable efforts to supply material at the time and day specified by Buyer. Provided such efforts have been or are being made, Seller shall not be deemed to be in breach of the Contract for failure to deliver at the specified time or on the specified date. 2. Each shipment shall constitute a separate and independent transaction and Seller may recover for each such shipment without reference to any other. If Buyer is in default with respect to any terms or conditions of this contract,then, in addition to any other legal remedy available to Seller, Seller may, at its option, defer further shipments hereunder until such default be remedied (in which event Seller may elect to extend the contract period for a time equal to that for which shipments were so deferred), or, Seller may decline further performance of this contract. 3. In case of a dispute concerning the weight of Product delivered in bulk carload or tank car shipments, shipper's weight, certified to by sworn Weigh-master,shall govern absent manifest error. 4. Determination of the suitability of the Product supplied hereunder for the uses and applications contemplated by Buyer and others shall be the sole responsibility of Buyer. All warranties by Seller pertaining to the Product are expressed in this paragraph. Seller warrants that the Product delivered hereunder meets AWWA standards. SELLER MAKES NO OTHER EXPRESS WARRANTIES;THERE ARE NO IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER ASSUMES ALL RISK AND LIABILITY FOR ALL LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY, INCLUDING WITHOUT LIMITATION POLLUTION, ENVIRONMENTAL DAMAGE AND RESTORATION LIABILITY, RESULTING FROM(I)THE USE OF SAID PRODUCT IN MANUFACTURING PROCESSES OR IN COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE(II)THE HANDLING AND DISPOSAL OF THE PRODUCT. 5. No claim of any kind,whether as to Product delivered or for non-delivery of Product, and whether arising in tort, contract or otherwise shall be greater in amount than the purchase price of the Product in respect of which such damages are claimed;and the failure to give written notice of claim within thirty(30)days from date of delivery,or the date fixed for delivery,as the case may be, shall constitute a waiver by Buyer of all claims in respect of such Product. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION BUYER'S MANUFACTURING COSTS, LOST PROFITS OR GOOD WILL, REGARDLESS OF THE FORM OR BASIS OF ANY ACTION. 6. Buyer shall reimburse Seller for all taxes,increases in or new taxes,excises or other charges which Seller may be required to pay to any governmental authority(national,state,provincial or local)upon,or measured by,the sale,production,transportation or use of any Product sold hereunder. Unless otherwise agreed to by Buyer in such credit application, interest on all sums past due from Buyer hereunder shall accrue and be payable by Buyer at the lesser of the maximum lawful rate and the prime interest rate quoted by Citibank, N.A., New York, New York, plus 2%. 7. Neither party shall be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances beyond the reasonable control of the party affected,including but not limited to,acts of God,acts of terrorism,fires, floods, wars, sabotage, accidents, labor disputes or shortages, plant shutdown, equipment failure, voluntary or involuntary compliance with any law,order, rule or regulation of government agency or authority,or inability to obtain material(including power and fuel), equipment or transportation. The affected party may omit purchases or deliveries during the period of continuance of such circumstances and the contract quantity shall be reduced by the quantities so omitted. During any period when Seller shall be unable to supply the total demands for any Product provided for in this contract,whether caused by the circumstances specified above or otherwise, Seller may allocate any available Product among all buyers including its own divisions and departments, on such basis as it may deem fair and practical. 8. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and there are no understandings, representations or warranties of any kind, express or implied, not expressly set forth herein. No modification of this Contract shall be of any force or effect unless such modification is in writing and signed by the party to be bound thereby;and no modification shall be effected by the acknowledgment or acceptance of purchase order forms containing terms or conditions at variance with those set forth herein. 9. Seller's waiver of any breach,or failure to enforce any of the terms and conditions of this contract, at any time,shall not in any way affect,limit or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition hereof. The acceptance by the Seller of any payment after the specified due date shall not constitute a waiver of the Buyer's obligation to make further payments on the specified dates. o A__—,��L 10. The Buyer and Seller agree that this Contract shall be deemed to have been made and executed in the State ofEah fefrria- and that any dispute arising under this contract shall be resolved in accordance with the laws of the State of California excluding�� ���""" any choice of law principles thereof. 11. Seller shall indemnify, defend and hold harmless (the "Indemnifying Party") Buyer, its subsidiaries, affiliates, their respective officers, directors,employees, agents, and any of them (each an"Indemnified Party"), from and against any and all liabilities, demands, damages, losses, costs, expenses, including without limitation attorneys'fees, resulting from the actual or threatened claims of third parties(the"Claims")to the extent that such Claims are attributable to the breach of this Contract by, or the negligent or willful misconduct of, the Indemnifying Party. The Indemnified Party shall notify the Indemnifying Party in writing with reasonable promptness upon the occurrence of any fact or circumstance concerning a Claim against which the Indemnified Party is indemnified hereunder.The Indemnifying Party shall diligently defend any such Claim at its expense with counsel of its choice but shall not have the right to settle such Claim without the prior written consent of the Indemnified Party. 12. Seller shall provide and maintain during the performance of its work hereunder, insurance as described below with insurers rated A-, Class VII or better by A.M. Best Company. r 1 ECOSERV10ES Eco Services Operations/2002 Timberloch Place/Suite 300/The Woodlands,TX 77380/(844)812-1812 A.Workers'Compensation insurance as prescribed by applicable state Workers' Compensation acts to provide statutory coverage. B. Employers' Liability insurance to include$1,000,000 limit per employee, $1,000,000 per accident and$1,000,000 in the aggregate. C. Commercial General Liability insurance with $2,000,000 per occurrence limit for bodily injury, property damage, personal and advertisers injury, $2,000,000 aggregate limit for products/completed operations and a$2,000,000 general aggregate limit. This Commercial General Liability insurance to include coverage for the hazards of contractual liability and sudden and accidental pollution. This limit can be achieved through the combination of primary and/or excess liability coverage. D. Business Automobile Liability insurance including comprehensive third party coverage for injury, including death and property damage with a combined single limit of$2,000,000 per occurrence including coverage for owned, non-owned and hired vehicles.This limit can be achieved through the combination of primary and/or excess liability coverage. If requested by Buyer in writing, Seller shall deliver a certificate of insurance evidencing the above coverage. The certificate shall provide that Seller shall endeavor to notify Buyer with at least thirty(30)days prior notice of any cancellation or termination of the policies. Seller may either utilize deductibles or provide coverage excess of a self-insured retention. 13. PRODUCT STEWARDSHIP AUDITS: Seller shall have the right, upon advance written notice to Buyer and during Buyer's normal business hours,to visit Buyer's facilities to inspect and audit Buyer's storage, handling, manufacturing, use, health, safety and/or environmental practices and procedures with respect to the Product delivered hereunder. If Buyer does not promptly remedy any deficiencies in these practices and procedures reasonably identified by Seller, or, if within 30 days after receiving notification of deficiency from Seller, Buyer does not present to Seller a written plan to remedy any deficiency which cannot be remedied promptly, or if Buyer does not comply with its remediation plan,then Seller may terminate this contract for breach by Buyer. Buyer acknowledges that the foregoing inspection and audit rights in no way relieves Buyer of any of its obligations hereunder or at law, nor shall Seller be required to conduct any such inspection and audit." Product Specifications are attached as Exhibit A. TERMS: Net cash 30 days from date of invoice. SPECIAL CONDITIONS: Title and risk of loss will pass on delivery. This agreement to become effective when signed and returned by the Buyer within thirty days of the date of execution by the Seller. If not signed and returned within thirty days,this proposal is withdrawn. BUYER Eco Services Operations AdritidD IC SoN�J s«J Name Name Signed Signed r ,� y,„s, Title Title Date Date 6/7L� IONS STATED ABOVE T- - - • . ` - `• e. - =e -e - • e - • - - - - �,-ae L Purchase Order ,al F I RECORDER Fiscal Year 2020 Page: 1 of: 1 B City of Ashland I ATTN: Accounts Payable Purchase 20 E.L Ashland, OR 97520 Order# 20200014 T Phone: 541/552-2010 O Email: payable @ashland.or.us V H CIO Wastwater Treatment Plant E ECO SERVICES OPERATIONS CORP I 1195 Oak Street N 300 LINDENWOOD DRIVE p Ashland, OR 97520 D MALVERN, PA 19355 Phone: 541/488-5348 O T Fax: 541/552-2364 R David Gies 06/17/2019 1329 FOB ASHLAND OR/NET30 Ci • it P.. able _I :._ ,� _ _Lc=l-fait=? WWTP Chemicals 1 WWTP Chemicals ITB#2019-101 18 LOAD $4,919.1600 $88,544.88 Chemical#8 Aluminum Sulfate Manufacturer: Eco Services Pricing for July 2019 to June 2020 $4,919.16 per order(18 Loads) ($410.34 per dry ton, 11.1 Lbs per gallon, 4,500 gallons per order, no additional charge for delivery) Project Account: 2 Pricing for July 2020 to June 2021 18 LOAD $0.0100 $0.18 $4,919.16 per order(18 Loads) ($410.34 per dry ton, 11.1 Lbs per gallon, 4,500 gallons per order, no additional charge for delivery) Project Account: GL SUMMARY 086100-601500 $88,545.06 By vl Date: l� ((4-0` `4 _. Authorized Signature _-7.1R-7;. __=_ $88 545.06 I FORM #3 1 CITY Of ° ° t ' (.4/6 ASHLAND REQUISITION Date of request: 16-3--/9 1 Vendor Name C C S e-11/v/c ; Address,City,State,Zip Contact Name Telephone Number Email address SOURCING METHOD ❑ Exempt from Competitive Bidding [Invitation to Bid ❑ Emergency ❑ AMC 2.p r exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ 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# ❑ VerballWritten quote(s)or proposal(s) p 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 ❑ Form#4, Personal Services>$5K&<$75K Agency ❑Direct appointment not to exceed$35,000 ❑Annual cost to City does not exceed$25,000. 0(3)Written proposals/written solicitation ❑ Special Procurement Agreement approved by Legal and approved/signed by ❑Form#4,Personal Services>$5K&475K ❑ Form#9,Request for Approval City Administrator.AMC 2.50.070(4) ❑ Written quote or proposal attached Date approved by Council: ❑Annual cost to City exceeds$25,000,Council Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Item# Quantity Unit Description of MATERIALS Unit Price Total Cost /s> 101s FY <90 • 119/9,/6 8F W. ,S Zds- f; & /9 i1 3g fyy. S , rj Per attached quote/proposal TOTAL COST cxpena'itere must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Jai . /7 7 11�9. -- -- -- fe ° e tr < ` E � L—,1 Z,t 22� .; Project',,',!,umber Account Number m 0 5 9 • Project umber — — Account Number ti iT Director in collaboration with department to approve all hardware and software purchases: — — — — By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. IT Director Date Support Yes/No II X Employee: Department Head: l _ ;�( ,;�a J' 2®i-. Department ManagerdSupervisor. /'��v l'or greate ■ an$5,000) City Administrator: WW qua' W reaterthan$25,000) l F'irls appropriated for current fiscal year 0/ i C tjr)�_q,✓l Comments: `2' ance Director ual to or greater than$5,000) Date e ,4 Form#3-Requisition