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2019-203 2200020 Cascade Columbia Distribution
• Contract for WTP & WWTP Chemicals (ITB #2019-101) CONTRACTOR: Cascade Columbia Distribution Co. CITY OF ASHLAND CONTACT: Lance Jones, Municipal Contracts Manager 20 East Main Street Ashland, Oregon 97520 ADDRESS: 6900 Fox Ave S, Seattle, WA 98108 Telephone: 541/488-6002 TELEPHONE: 206-282-6334 Fax: 541/488-5311 EMAIL: lancej @cascadecolumbia.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 bid specifications.The bid submitted by Cascade Columbia Distribution Co. is attached as Exhibit C. Contract was approved by the City Council on May 21, 2019. Water Treatment Plant—Chemical#1 Sodium Hypochlorite 12.5% Low Salt Filtered Manufacturer: Hasa Pricing for July 2019 to June 2020 $3,255.00 per order($2.17 per gallon, Cost per 300-gal tote$650.00, Five(5)totes per order, no additional delivery charge) Pricing for July 2020 to June 2021 $3,330.00 per order($2.22 per gallon, Cost per 300-gal tote$666.00, Five(5)totes per order, no additional delivery charge) Water Treatment Plant—Chemical#4 Soda Ash Dense Free Flowing Manufacturer: Solvay Pricing for July 2019 to June 2020 $3,294.00 per order($0.244 per pound, 501b bags, 270 bags per order, no additional delivery charge) Pricing for July 2020 to June 2021 $3,442.50 per order($0.255 per pound, 501b bags, 270 bags per order, no additional delivery charge) Vifastewa r Treatment Plant-Chemical#6 Sodium Hypochlor to 12.5% Manufacturer: Hasa Pricing for July 2019 to June 2020 $1,302.00 per order($2.17 per gallon, Cost per 300-gal tote$651.00,Two(2)totes per order, no additional delivery charge) Pricing for July 2020 to June 2021 $1,332.00 per order($2.22 per gallon, Cost per 300-gal tote$666.00,Two (2)totes per order, no additional delivery charge) 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. .-Get eftsetion under 41=+s ec rec , a+ -expense - -- -- _ , -- - .. ,••• ••, - --- a 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. Contract for WTP&WWTP Chemicals#2019-101, Page 1 of 6 6;, Statutory Requirements: ORS 279B.220, 279B.225, 2798.230, 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). 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 Hi. 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. H. 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. Hi. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obliqation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all Contract for WTP&WWTP Chemicals#2019-101, Page 2 of 6 • 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: 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. Contract for WTP &WWTP Chemicals#2019-101, Page 3 of 6 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; (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. (2) Consultant represents and warrants that, for a period of no fewer than six (6) calendar years preceding the EffectiN, of this 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 I provisions. Contractor: City of Ashland By gnature Departtmm�entt�Head La►tc_e J ovx.e S /!7Y21.14 /YO•,4r Print Name Print Name M014% pca Co rac ti Nc C ‘A-eni Title Date S/fig/K W-9 to be submitted with the signed contract. p ( '7 Purchase Order No. AP- *V a s CAM AEL -hIand " Attorney Date 1 —I C Contract for WTP&WVVfP Chemicals#2019-101, Page 4 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent Contractor as defined in the contract documents, it is authorized to do business in Oregon, it is authorized to act on behalf of the City, and Contractor has checked four or more of the following criteria that apply to its business. V (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. J (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one J year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. e •ntrac •r (Date) Contract for WTP&WWTP Chemicals#2019-101, Page 5 of 6 CITY OF ASHLAND , OREGON EXHIBIT B City of Ashland LIVING ALL employers described WAGE below must comply with City of Ashland laws regulating •a ment of a livin• wa•e. $15.12 per hour effective June 30, 2018 � , (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible Employees must be paid a p 9 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. C I T Y O F S H LA N D Contract for VVTP&VWVTP Chemicals#2019-101, Page 6 of 6 • A/CO/R°® CERTIFICATE OF LIABILITY INSURANCE DATEIMMDDNYYY) v 01/06/2019 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 CONTACT DML Insurance Services • 4005 20th Ave W Ste 132 ( Lti Fa1)• (206)836-9077 I We(Not(206)838-9076 Seattle WA 98199- Annerss- INSURER(SIAFFORDINGCOVERAGE NAIC# INSURER A ACE Property&Casualty Ins Co 20699C INSURED INSURER B;Illinois Union Insurance 27960 Newco,Inc. • Cascade Columbia Distribution Company INSURER c: • 6900 Fox Ave S INSURER D: Seattle WA 98108- INSURFRF: INSURER F: ' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN.ISSUEDTO 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.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NTR, TYPE OF INSURANCE ADDL SUER , POLICY EFF POLICY ESP I wen wvn POJCY NUMBER IMMTOMYYYI IMMnn1Y9YYI LIMITS B X COMMERCIAL GENERAL LIABILITY X APC G2818.1279003 10/31)2018 10/31/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 11111 OCCUR • DAMAGE TO RENTED 500,000 PREMISES(Fa nmmrnrp) 3 X Pollution Liability 25,000 - I MED EXP(Any one person) S X Vendors Liability PERSONAL&OLININJURY E 1,000,000 GEN1.AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE $ 2,000,000 POUCY X PO-EcTT © LOC PRODUCTS-COMP/OPAGG E 2,000,000 OTHER' E A AUTOMOBILE LIABILITY PMUH08464327 003 10/31/2018 10/31/2019 (OMBBIIINED4INGLE UM ' E 1,000,000 X ANY AUTO BODILY INJURY(Per person) E OWNED SCHEDULED AUTOS ONLY _AUTOS EODILY INJURY IPerreraitlenq $ HIRED NON-OWNED • AUTOS ONLY — AUTOS ONLY Warm-Mani)DAMAGE $ S B UMBRELLA DAB X OCCUR X XOO 028181280 003 10/31/2018 10/31/2019 EACH OCCURRENCE $ 20,000,000 X EXCESS LIAB CLAIMS-MADE i AGGREGATE $ 20,000,000 DED I X RETENTION 10,000 E B WORKERS COMPENSATION APC G2818.1279 003 10/31/2018 10/31/2019 X PER I OTH- AND EMPLOYERS'LIABILITY YIN STATIfrF FR NW PROPRIETOR/PARTNER/EXECUTIVE WA Stop Gap E.L EACH ACCIDENT $ 1,000,000 OFFICERIMEMSER EXCLUDED? I NIA (Mandatory In NH) I EL DISEASE-EA EMPLOYEE S 1,000,000 DESCRIPTION OF DPERATIONS bpIOH ; 1,000,000 EL DISEASE-POLICY LIMIT S A Hired&Non-Owned Physical PMUH08464327 003 10/31/2016 10/31/2019 Comp Deductible 1,000 Damage Collision Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N mom space Is required) Regarding current project and contract,The City of Ashland,its elected officials,officers&employees are included as additional insureds.Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION Al 011582 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland OR 97520- AUTHORIZED REPRESENTATNE -5 Vi‘ it ! ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • 1 • • • • ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION Named Insured Endorsement Number Newco, Inc., DBA Cascade Columbia Distribution Company 15. • Policy Symbol Policy Number Policy Period Effective Date of Endorsement ACP G28181279 003 10/31/2018 to 10/31/2019 10/31/2018 Issued By(Name of Insurance Company) Illinois Union Insurance Company • • Insert the policy number.The remainder of the information is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: • i CHUBB GL PLUSTM'INSURANCE POLICY COVERAGES A, B, C AND G • SCHEDULE Name of Additional Insured Person(s)or Organization(s) Any person or organization that you have agreed to include as an additional insured under a written contract provided such contract was executed prior to the date of loss. Section III—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for, °bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. All other terms and conditions of this policy remain unchanged. i Authorized Representative • • • • i I I ' PC-26849(04/09) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 • • ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION [Coverages D, E and F] Named Insured • Endorsement Number Newco, Inc., DBA Cascade Columbia Distribution Company 16 Policy Symbol Policy Number 'Policy Period Effective Date of Endorsement ACP G28181279 003 10/31/2018 to 10/31/2019 10/31/2018 Issued By(Name of Insurance Company) Illinois Union Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CHUBB GL PLUS"'INSURANCE POLICY COVERAGES D, E AND F • • SCHEDULE Designated Locations: • 28299 SW Boberg Rd.,Wilsonville, OR 97070 with respects to the insured's product stored at this site. Name of Person or Organization (Additional Insured): Losco 28299 SW Boberg Wilsonville, OR 97070 Section III, Who Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule above but only with respect to liability tor "bodily injury", "property damage" or"remediation costs" caused, in • whole or in part, by your operation, maintenance or use of the designated locations shown in the Schedule above. All other terms and conditions of this policy remain unchanged. Authorized Representative • • • • • PC-33758(05/11) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 • ADDITIONAL INSURED -VENDORS Named Insured Endorsement Number Newco, Inc., DBA Cascade Columbia Distribution Company 17 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ACP G28181279 003 10/31/2018 to 10/31/2019 10/31/2018 Issued By(Name of Insurance Company) Illinois Union Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CHUBB GL PLUSTM INSURANCE POLICY COVERAGES A, B AND C SCHEDULE Name of Additional Insured Person(s) or Your Products Organization(s) (Vendor) Any person or organization that you have agreed to include as an additional insured under a written contract provided such contract was executed prior to the date of loss. Section III —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) shown in the Schedule, but only with respect to "bodily injury" or "property damage" arising out of "your products"shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub-paragraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. All other terms and conditions of this policy remain unchanged. PC-26852(04/09) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 2 • i • WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured Endorsement Number Newco, Inc., DBA Cascade Columbia Distribution Company 14 • Policy symbol Policy Number Policy Period Effective Date of Endorsement ACP G28181279 003 110 /31/2018 to 10/31/2019 10/31/2018 Issued By(Name of Insurance Company) - Illinois Union'Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CHUBB GL PLUSTfa INSURANCE POLICY COVERAGES A, B, C AND G • i SCHEDULE • Any person or organization against whom you have agreed to waive your right of recovery in a written contract; provided such contract was executed prior to the date of loss. The Transfer of Rights of Recovery Against Others To Us Condition, (Section V—Conditions) is amended by addition of the following: , l We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work° done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions of the policy remain(unchanged. Authorized Representative • PC-26741 (03/09) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 RI Al CITY RECORDER Purchase Order /r Fiscal Year 2020 Page: 1 of: 1 B City of Ashland =T L I 20 E. Accounts Payable Purchase 20200020 20 E. Main Order# Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable @ashland.or.us S ✓ H C/O Water Treatment Plant E CASCADE COLUMBIA DISTRIBUTION I 90 North Mountain Ave N PO BOX 24745 P Ashland, OR 97520 D SEATTLE, WA 98124-0745 Phone: 541/488-5345 T Fax: 541/552-2329 R O 206 282-6334 Gre. Hunter 06/19/2019 697 FOB ASHLAND OR/NET30 Cit Accounts Payable WTP Chemicals 1 WTP Chemicals ITB#2019-101 12 ORDR $3,906.0000 $46,872.00 Chemical#1 Sodium Hypochlorite 12.5% Low Salt Filtered Manufacturer: Hasa Pricing for July 2019 to June 2020 $3,906.00 per order-6 Totes ($2.17 per gallon, 300-gal tote, no additional delivery charge) Project Account: 2 Chemical#4 Soda Ash Dense Free Flowing 12 ORDR $2,989.0000 $35,868.00 Manufacturer: Solvay Pricing for July 2019 to June 2020 $2,989.00 per order/5 Pallets ($0.244 per pound, 50Lb bag, 49 bags/pallet, no additional delivery charge) Project Account: 3 Chemical#1 Sodium Hypochlorite 12.5% Low Salt Filtered 12 ORDR $0.0100 $0.12 Pricing for July 2020 to June 2021 $3,996.00 per order-6 Totes ($2.22 per gallon, 300-gal tote, no additional delivery charge) Project Account: 4 Chemical#4 Soda Ash Dense Free Flowing 12 ORDR $0.0100 $0.12 Pricing for July 2020 to June 2021 $3,123.75 per order/5 Pallets ($0.2 e 5 per pound, 50Lb bag, 49 bags/pallet, no additional delivery Project Account: .****.***.**.** GL SUMMARY *******..****.. 081900-601500 $82,740.24 • By CX n(6 Date: Lo 1401 I(/ = — @ 2 740.24 N„►h.,r,-/or1 C,nnoi„rc =.°®=_1.a_ _ $8 .FORM #3 CITY OF o ASHLAND REQUISITION �,j , a e of request: 6-4-19 Required date for delivery: 7-1-19 Vendor Name Cascade Columbia Distribution Company Address,City,State,Zip 6900 Fox Avenue S Seattle,WA.98108 Contact Name&Telephone Number Lance Jones 206-282-6334 Email address lancej @cascadecolumbia.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ® Invitation to Bid ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _ Date approved by Council: 5-21-19 ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(Attach copy of council communication) _(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) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# (Attach copy of council communication) ❑ Other government agency contract _ Intermediate Procurement ❑ Sole Agency 9 Y GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written quotes and solicitation attached ❑ Form#4,Personal Services>$5K&<$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed$35,000 ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services>$5K&<$75K 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 2019-2020 12 ORDERS 6 EACH 300 GALLON TOTES I ORDER OF 12.5%LOW SALT, $3,906.00 $46,872.00 1 FILTERED SODIUM HYPOCHLORITE SOLUTION 12 ORDERS 5 EACH PALLETS,49 SACKS I PALLET DENSE FREE FLOWING $2,989.00 $35,868.00 2 SODA ASH 2020-2021 12 ORDERS 6 EACH 300 GALLON TOTES I ORDER OF 12.5%LOW SALT $3,996.00 $47,952.00 3 FILTERED SODIUM HYPOCHLORITE SOLUTION 4 12 ORDERS 5 EACH PALLETS,49 SACKS I PALLET DENSE FREE FLOWING $3,123.75 $37,485.00 SODA ASH ❑ Per attached quotelproposal TOTAL COST $168,177.00 Project Number _ _ _ Account Number _08.19.00.601500 _ *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: 4'//j' /"L IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: �.�i.A ' A. i°Jam A,/- ��� AO (Equal to 17.reate?han$5,000) Department Manager/Supervisor: City Administrator: FAO _:_ _ _ .A (Equal to or greater an$25,000) Funds appropriated for current fiscal year: / NO �- /l r. H q Afoi Financ Director-(Equal to or greater than$5,000) Date Comments: