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HomeMy WebLinkAbout2004-051 Contract - ERS IndustrialCITY OF SHLAND CONSULTANT SERVICES CONTRACT Consultant services contract made on the date specified below in Recital A between the City and Consultant as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND City Hall 20 E. Main St. Ashland, Oregon 97520 (541) 488-6002 FAX: (541) 488-5311 Date of this agreement: 1/26/04 Consultant: Address: ERS Industrial Services, Inc. 2120 Warm Springs Court Fremont CA 94539-6774 Telephone: 510/770-0202 FAX: 510/490-3024 ¶ B: RFP date: bid exempt - sole source Proposal date: ¶2.2. Contracting officer: Pieter N. Smeenk, PE, SE ¶2.4. Project: Water Plant Filter Media Replacement ¶6. Consultant's representative: Rick D. Langlois, Vice President Sales ¶8.3. Maximum contract amount: NTE $43,199.48 B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project described above. Consultant submitted a proposal in response to the RFP on the date noted above. C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide the services covered by the attached scope of services. City and Consultant agree as follows: 1. Relationship between City and Consultant: Consultant accepts the relationship of trust and confidence established between Consultant and City by this contract. Consultant covenants with the City to perform services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the locality of the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties in furthering the interests of City with respect to the project. In order to promote successful completion of the project in an expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of the project to which this contract applies, serve as City's professional consulting representative for the project, and give professional consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide professional consulting services in a manner that is consistent with the interests of City. 2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the construction industry, unless the context clearly indicates otherwise. As used in this contract: 2.1. "City" means the City of Ashland, Oregon. 2.2. "Contracting officer" means the person specified in Recital A above or that person's designee. 2.3. "Project" means the project described in Recital A. 2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting services and products which Consultant is required to provide under this contract. \\COMPAQI\DATA\GOV~pub-wrks\eng\dept-admin\ENGINEER\PROJECTx2002\02-07 ERS Filter Requisition 1 04.doc 3. Term: The term of this contract shall commence on the date specified in Recital A above and end on completion of all services required by this contract unless sooner terminated as provided in this contract. 4. Authority of contracting Officer: The contracting officer shall have the authority to act on behalf of City in the administration and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit instructions, receive information, interpret and define City's policies and make other decisions with respect to Consultant's services. 5. Consulting Services: Consultant shall provide services to City that are described in the RFP. 5.1. In connection with the services described in the RFP, Consultant shall: 5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative to the services. 5.1.2. Review available data relative to the services. 5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's representative in obtaining such data. 5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services. 5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for completion of the services and the project. 5.2. Consultant shall commence performance of services within five days after receiving written authorization from the contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for periods of time required for City's review and approval of Consultant's services. Each schedule, approved by City, shall become a part of this contract. 5.3. Consultant shall perform the services as an independent contractor in accordance with generally accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any error or deficiencies in the services that are caused by Consultant's negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent performance of any of the services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by Oregon law. 6. Assignment of Consultant's Personnel: 6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in Recital A above, who shall act as Consultant's representative in all communications and transactions with City. 6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultant's employees to perform services if the requests are consistent with sound business and professional practices. 7. Responsibilities of City: 7.1. City will cooperate fully with Consultant to achieve the objectives of this contract. 7.2. City will provide information, documents, materials and services that are within the possession or control of City and are required by Consultant for performance of the services. 7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as required for Consultant to perform the services. 7.4. City will provide all permits necessary for completion of the project. 7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the project. 8. Payment: 8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by the contracting officer. 8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the end of the month covered by the invoice. O:\pub-wrks\eng\dept-adminXENOlNEER\PROJECTX2002\02-07 ERS Filter Requisition 1 04.doc 8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above. 9. Compliance with Law: 9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279.312, 279.314, 279.316 and 279.320. 9.2. Pursuant to ORS 279.316(2) any person employed by Consultant who performs work under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in any one week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209. 9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status. 9.4. If the amount of this contract is $15,713 or more, Consultant 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 service work under this contract. Consultant is also required to post the attached notice predominantly in areas where it will be seen by all employees. 10. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and losses arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior written authorization of Consultant. 11. Records: 11.1. Consultant shall develop and maintain complete books of account and other records on the services which are adequate for evaluating Consultant's performance. Consultant shall maintain records in such a manner as to provide a clear distinction between the expenditures and revenues related to the project and the expenditures and revenues related to Consultant's other business. 11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to verify Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and records by a certified public accountant retained by City. 12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent performance of this contract by Consultant (including but not limited to, the negligent acts or omissions of Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. 13. Insurance: 13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force: 13.1.1. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this contract, blanket contractual liability, products and completed operations and owner's and contractor's protective insurance; 13.1.2. A professional errors and omissions liability policy; and 13.1.3. A comprehensive automobile liability policy including owned and non-owned automobiles. 13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and properly damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable, except for the coverage required by subsection 13.1.2. 13.4. Certificates of insurance acceptable to the City shall be filed with City prior to the commencement of any work by Consultant. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. G:\pub-wrks\eng\dept-admin~ENGINEER\PROJECTX2002\02-07 ERS Filter Requisition 1 04.doc 4. Default: 14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract. 14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson County. 15. Termination without Cause: 15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by giving Consultant written notice sixty days prior to the termination date. 15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete such analyses and records as may be necessary to place its files in order and, where considered necessary to protect its professional reputation, to complete a report on the services performed to date of termination. 15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned and costs incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits. 16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A above. 16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the Consultant in Recital A above. 17. Assignment: City and Consultant and the respective successors, administrators, assigns and legal representatives of each are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of the other party. Consultant shall not assign or subcontract Consultant's rights or obligations under this contract without prior written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to anyone other than City and Consultant. 18. Modification: No modification of this contract shall be vali~ss in~itg a~d signed by the parties. Consu~ ~ ~--' BY Fed. ID# 94-3'176062 REVIE'W~ED'ASTO~COblTENT B~adford P. Radonich By~.~.',.--.----.--'- P r e s i d e n t C_.~y'" ~ '"'Department Head Date: REVIEWED AS TO FORM By. City Legal Counsel Date: Coding (for City use only) G:\pub-wrks\eng\dept-admin~ENGINEER\PROJECT~2002\02-07 ERS Filter Requisition I 04.doc City of LivlNASh and ~per hour effective June 30, 2003 (Increases annually every June 30 by the Consumer Price Index) exceeds $15,713 or more. contract between their employer and the City of Ashland if the contract For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $15,713. If their employer is the City of Ashland including the Parks and Recreation Department. In calculating the living wage, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.u$. Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees. CITY OF -ASHLAND INOUSTRIAL SERVIGE~, INC. .Ianu~ 26, 2004 Mr. Pieter Smeenk City of Ashland 20 E. Main Street Ashland, OR 97520 QUOTE #012604-3Q Fax: $41-488-6006 Dear: Pieter .ERS is pleased to submit its proposal for our TurnKey Service on your 6 each 320 sq. ft Gravity Filters. Our ~rvice includes removal, packaging arid disposal of existing media, interior filter cleaning where required, supply and installation of new media, per design...This proposal also includes the cleaning of the underdtain as well as a complete inspection of the grout on your existing underdrnins. Then we will install the new IMS cap provided by the City of Ashland per manufacture recommendations. We have also included enough extra Anthracite, (400e0 to supply and install 3" per filter. ERS will also repair or replace existing underdrains ns needed, on a time mad materials bas'ts*. ERS to oroYid¢; 1) Qualified Manpower 2) ForldiR 3) Disposal and disposal transport 4) High power industrial vacuum, system 5) Confined space equipment as follows: a) Supervisor/Environmental Technician/Hole watch. b) Ventilation ~an for air circulation c) Tripod/winch for emergency evacuation d) Four gas monitor for pre-entry testing, as welt as for continuous testing e) 2-way Radios for communication with in-tank personnel f) Cellular phone as an erllergeney response tool g) Half-face cartridge type respirators (Supplied air respirators available if required) h) Harnesses with safety ropes for all men i) Daily monitoring log j) Complctc and post-confined space entry permit (if required) 2120 WARM SPRINGS COURT - FREMONT, CALIFORNIA 94539-6774 · PHONE (510) 770-0202 · FAX (510) 490-3024 01/25/2004 12:1~ 5104903024 PAGE 02 Page 2 of 2 Quote # 012604-30 January 26, 2004 6) Educting machinery if required for specialized installation 7) New media as follows: a) .45-.55mm<l.4uc Sand b) .95-1.05<1.4uc Anthracite 8) Tools and parts to repair/replace underdrains (if required)* PRICING: $34~714.2.8 PRICIlqG: l~ilter Surveillance on your S other filters $8,485.20 Please review the attached list of services included in our filter surveillance service. ERS Strongly recommends that the grout be raised to the top edge of the gMS Cap to help hold caps in place. If you wish to do this we would handle ma a T&M Basis. ]~ricing reflects Prevailing wages: Our time and materials work is billed at $75.00 per man-hour, straight time, plus materials with a 20% margin. Price includes ali applicable .sales tax~ Please feel free to call me should you need further information or any clarification. car phone is 510-552-5301; office is 510-770-0202. Sincerely, Rick D. Langlois Vice President Sales My Client~: 32611 ERSINDUST ACORO,M CERTIFICATE OF LIABILITY INSURANCE DATEIMM,DD ) 02/03/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial Lines Unit ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ADD Insurance & Financial Services ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 820 Bay Avenue, Suite 111 Capitola, CA 95010-2165 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: American Cas. Co. of Reading 20427 ERS Industrial Services Inc. ~NSURER B: Transportation Insurance Company 20494 2120 Warm Springs Court iNSURER C: National Union Fire Insurance/PA 19445 Fremont, CA 94539 INSURER D: Republic Indemnity Company of Calif. 43753 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILNTSRR ~,DD'L POLICY EFFECTIVE POLICY EXPIRATION NSRn TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMIDD/YY) LIMITS A GENERAL LIABILITY TCP1078200086 08/01/03 08/01/04 EACH OCCURRENCE $1,000,000  DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISE~ INa occurrence~ $100,000 I CLAIMS MADE ~ X~ OCCUR MHD EXP (Any one p ..... ) $5,000 .X BI/PD Ded:l,000 PERSONAL &ADVINJURY $110001000 GENERAL AGGREGATE $2~000~000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $1 ~000~000 '--"] POLICY ~-]PRO'JECT [~-] LOC B AUTOMOmLE LIABILITY BUA1067516356 08/01103 08/01/04 COMBINED SINGLE LIMIT I $1,000,000 X ANY AUTO (La accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ I ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ C EXCESS/UMBRELLA LIABILITY BE4894701 07131/03 08/01/04 EACH OCCURRENCE $5,000~000 X I OCCUR [~ CLAIMS MADE AGGREGATE $5,~000~,000 $ X.~ DEDUCTIBLE $ RETENTION $ 10000 $ D WORKERS COMPENSATION ANn 02809309 04/01/03 04/01/04 X I WC STATU- TORY LIMITS J IOTRH' , EMPLOYERS' LIA BiLh'J~, ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $1,000,000 If yes. describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Ashland is named as additional insured per the attached policy form. CERTIFICATE HOLDER City of Ashland Attn: Dawn Lamb 20 E. Main Street Ashland, OR 97520 ACORD 25 (2001/08) 1 of 2 CANCELLATION Ten Da_v Notice for Non-Pavment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENJ~J~IL .~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Bt~I~K~[~~X AUTHORIZED REPRESENTATIVE #S547998/M504014 ERSINDUST T3S XX ® ACORD CORPORATION 1988 'ERS INDUSTRIAL SERVICES INC. Policy · TCP1078200086 Tern: 08/01/03 to 08/01/04 40331 -A (Ed, 01JO~) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.~. OF THIS ENDORSEMENT FOR THESE DUTIES, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RE~.D IT CAREFULLY, CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance Provided under the following: COMMERCIAL GENERAL LIAEILITY COVERAGE.PART SCHEDULE Name of Person or Organization: City of Ashland Attn: Dawn Lamb 20 E. Main Street Ashland, OR 97520 City of Ashland is named as additional insured per the attached policy form. (Coverage under this endorsement is not affected by an entry or la=k of entry in the Schedule above.) WHO IS AN INSURED (Section II) is amended ~.o Include as an insured any pemon or organization, including any pemon or organization shown in the schedule above, .(called additional insured) whom you ara required ~ add es an additional insured on this policy under a wri~n contrau-'t or written agreement; but the written contract or written agreement must be: '1. C;urren~ in effect or becoming e~ctive during the term of this poiicy; and 2, Executed prior to the "bodily Injury," "prope~ damage," or "personal and advertising injury". The ir{surance provided b the additional insured is limited as follows: '!, That person or organ?riCh is an add,oriel insured solely for'llablh[7 due to your negligence spectfi=alllf resulUng from "your worl~ for the additional insured which is the subje~ of the wr~an ~n~ or~en agmemanL No coverage applies ~ )iabi)~ resulting from ~e sole negligence of ~e aUUifional in~umd. G-~40331-A (Ed, 01/01~ ?.. The Limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this polio'y, whichever is less. These Limits of Insuran~e are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage pray)dod to the additional insured by this endorsement and paragraph f. of the definition of"bsured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the ' products-completed operations hazard' unless required by ~hs written con,ct or written agreement. The insurance provided to the additional insured does not apply to 'bodily injury," =pmperty damage," or"personal and advertising injury" arising out of an amhltect~s, engineer's, or surveyor's rendering of or failure to render any professional services including: a, The preparing, approving, or falling to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change or, dora or drawings and b. Supervisory, or inspection activities performed as part of any related archif, ectura[ or engineering activities. AA respects the coverage provided under this endomement, SECTION iV- COMMERCIAL GENERAL LIABILITY CONDITIONS am amended as fo!lows'. 1, The following is added to the Duties in The E~et~t of Occurrence, Offense, Claim or Suit Condition: G-14o331-A (Ed. O1/01) e. An additional insured under this endorsement will as soon as practicable: (l) Give wrif. ten notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity cf any claim or 'suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part;, and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured,. Paragraph 4.b of the Other lnsumnco Condition is deleted and replaced with the following: 4. Other Insurance b. Excoss Insurance This insurance is ex,ess over any other insurance naming the additional Insured as an insured whether prlmary, excess, contingent or on any other basis unless a written contra~t or written agreement specifically requires that this insurance be either, primary or primary and noncontributing, G-140331-A (Ed. 01701) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S547998/M504014 cITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER'S COPY DATE: 02/23/2004 Page 1 / 1 0485i ........ VENDOR: 008227 ERS INDUSTRIAL SERVICES INC 2120 WARM SPRINGS COURT FREMONT, CA 94539-6774 SHIP TO: Ashland Public Works ('541) 488-5587 27-1/2 N MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Special Inst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Browr~ Confirming? No Quantity Unit Description Unit Price Ext. Price Removal, disposal and other services 34 714.28 detailed in the scope of services i : (attached) for filter media at the · Water T~eatment Plant. Cost to include six filters. Sole Source Exempt Date of agreement: January 26, 2004 - [ : Insurance required/On file : NTE $43,199.48 : : : S U BTOTAL 34,714.28 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 34,714.28 ASHLAND, OR 97520 Account Number Amount Account Number Amount E 670.08.19.00.704200 34,714.28 VENDOR COPY CITY OF -ASHLAND NOTICE OF TRANSMITTAL TO: KARl OLSON PURCHASING DATE: PROJECT: JOB NO.: SUBJECT: FEBRUARY 19, 2004 FILTER MEDIA REPLACEMENT 02-07 CONTRACT DOCUMENTS & REQUISITION THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Attached please find one original contract with ERS Industrial Services Inc. for the Water Treatment Plant Filter Media Replacement. This bid sole source exempt. The original requisition and insurance certificates are also included for your processing. Please send a Purchase Order at your earliest convenience. ENCLOSED ~( UNDER SEPARATE COVER REMARKS: COPIES TO: Department of Public Works By: Dawn nan~6df] Title: Administ~tive'Assistant PUBLIC WORKS Tel: 541-488-5587 20 E. Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or, us G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT~.002\02-07 ERS Executed IH NOT 2 04.doc REQUISITION Department Public Works Vendor ERS Industrial Services Inc. 2120 Warm Springs Court Fremont CA 94539-6774 Account No. 670.08.19.00.704200 CITY OF -ASHLAND Date February 19, 2004 No. PW - FY 2004 Requested Delivery Date Deliver To Pieter Smeenk Via ASAP (* Note: Please allow approximately two(2) weeks for delive~ on items not generally carled in stored, and approximately two (2) months on printing jobs) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. Removal, disposal and other services detailed in the scope of services (attached) for filter media at the Water Treatment Plant. Cost to include six filters. $ 34,714.28 TOTAL $ 34,714.28 for Kari: BID /RFP / EXEMPT: Sole Source Exempt Contract Start Date: January 26, 2004 Contract Completion Date: Insurance on file: YI YESI NO Project No: 02-07 Job No. Unit No. 1 hereby certi~ that the above items are necessary for the operation of this department and are budgeted / ' ~' orizede~p~ment~ Person Issued By Date Received By G:Pubwrks\eng\deptadmin\engineer\project\02-07 ERS Requitision 01 04.xls