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HomeMy WebLinkAbout2015-238 Contract - Eco Services Operations LLC Contract for WTP & WWTP Chemicals CITY OF CONTRACTOR: Eco Services Operations LLC ASHLAND CONTACT: Amy Schwartz 20 East Main Street Ashland, Oregon 97520 ADDRESS: CN 9803, Cranbury, NJ 08512 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 609-860-3666 DATE AGREEMENT PREPARED: Jul 29, 2015 EMAIL: amy.schwartz@eco-services.com BEGINNING DATE: Jul 29, 2015 COMPLETION DATE: June 30, 2017 COMPENSATION: WWTP Chemical #9 Aluminum Sulfate (Eco Services): $4,916.88 per order 4,000 gallons is approximately 12 dry tons Cost per dry ton $349.74 + $60 delivery charge per dry ton = $409.74 per dry ton 12 dry tons @ $409.74 = $4,916.88 GOODS AND SERVICES TO BE PROVIDED: Chemical listed above to be delivered as specified for the WWTP per Invitation to Bid #2015-101, Approved by Council July 21, 2015, Eco Services bid form is attached as Exhibit C and Eco Services contract terms and conditions are attached as Exhibit D. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or 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 shalt 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. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, 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 $20,142.20 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 an time b mutual consent of both parties. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 1 of 5 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. The-fightq and remedies of Gity provided in thiss +s anntaact. I V7 VV_ e. Obligation/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 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 e. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 2 of 5 C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $2,000,000 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 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. Contractor: City of Ash nt~ By By Signature Department Head 4z~ & 1 7, LwLaf.s Print Name Print Name s L roC_~ Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. ASTE) FORM Ashla St. City Attorney Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 3 of 5 Date-f-, 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, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my r . ence or is in a specific portion of my residence, set aside as the location of t business. (2) Commercial advertising or business cards or a trad ssociation membership are purchased for the business. (3) Telephone listing is used for the bus' ss separate from the personal residence listing. (4) Labor or services are perfor only pursuant to written contracts. (5) Labor or services are ormed for two or more different persons within a period of one year. (6) 1 assu financial responsibility for defective workmanship or for service not provided as ev` nced by the ownership of performance bonds, warranties, errors and omission surance or liability insurance relating to the labor or services to be provided. C ntra or (Date) Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 4 of 5 CITY OF ASHLAND, .40REGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2015 ILI (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employerhas 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 $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 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 employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may atltl 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 -ASHLAND Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 5 of 5 EG.jSERVICES Eco Services Operations LLC, CN 9803, Cranbury, NJ 08512 Phone: (609) 860-3666 Cell: (732) 547-7174 ECO-Service.com June 26, 2015 Kari Olson Purchasing Representative City of Ashland 90 N. Mountain Ave Ashland, OR 97520 Dear Kari, Please consider this formal notification that Eco Services Operations LLC will extend its current price at your WTP to the Water and Waste Treatment Plant of $349.74, per dry ton, plus $60 delivery charges for the Aluminum Sulfate (ALUM) supplied to City of Ashland, from July 1, 2015 through June 30, 2017. Payment terms remain Net 30 Days from date of invoice Order Explanation: 4,000 Gallon is approximately 12 Dry Tons Cost per Dry ton ($349.74 + $60) = $409.74 per dry Ton 12 Dry tons * $409.74 = $4916.88 per order Attached you will find copies of: Eco Services Operations' Terms and Conditions NSF Certification Product Specifications MSDS Insurance Coverage Contact Information: To Place an order (24 hours a day): Kim Irelan - 800 642-4200 or Kimberly.Irelan@eco-services.com Sales Representative: Tom Matus 951-587-9391 or Thomas.Matus@eco-services.com Emergency Phone Numbers: FOR EMERGENCIES INVOLVING A SPILL, LEAK, FIRE, EXPOSURE, and OR ACCIDENT CONTACT: CHEMTREC 800-424-9300 within the United States and Canada, or 703-527-3887 for international collect calls. "Contractor, Eco Services Operations LLC., shall not be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances beyond its reasonable control, including but not limited to, its inability to get a third party carrier to make deliveries because of the narrow access road leading to the City of Ashland plant. Contractor, Eco Services Operations LLC.., may omit deliveries during the period of continuance of such circumstances and the contract quantity shall be reduced by the quantities so omitted." Please do not hesitate to contact me if you require further information. Sincerely, 4 sl-)~- Amy Schwartz Associate Market and Alum Manager WWTP (Waste Water Treatment Plant) - CHEMICAL #9: ALUMINUM SULFATE (4,000 Gallon delivery pumped into 8;000 gallon tank) Aluminum Sulfate must meet the following specifications: 1) Percent Concentration Commercial Alum - Approximately 48.8% 2) Total soluble AL203 - 8.3%. 3) Must meet A.W.W.A. specifications. 4) Estimated annual usage - March through November - 80,000 gallons. 5) Currently, an order is placed for 4,000 gallons every two (2) weeks during the months of May through November. 6) Deliver to the City of Ashland, Waste Water Treatment Plant, located at 1195 Oak Street, Ashland, Oregon. Tank truck must be equipped with all proper hoses and equipment for unloading 4,000 gallons into the City's 8,000 gallon tank. 7) Bids must be in the form of dollars per dry ton. Manufacturer s t l - LL Price per fib) 00 $ Number of p ~-per- lon Cost per order - 4,000 gallons $ `°t CI k 6 y OEL ("A- ~ C - Delivery charge $ ~r 1 i di -A Comments: Z C c1 e L i,~1Gc1G.t Ca C~„ S1_C t ITB - Chemicals for WTP & WWTP, Page 17 of 25, 6/5/2015 ESE ICES "d~ Eco Services Operations LLC, CN 9803, Cranbury, NJ 08512 Phone: (609) 860-3666 Cell: (732) 547-7174 ECO-Service.com 2015 GENERAL TERMS AND CONDITIONS 1. Eco Services Operations LLC., shall not be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances beyond its reasonable control, including but not limited to, its inability to get a third party carrier to make deliveries because of the narrow access road leading to the City of Ashland plant. Eco Services Operations LLC.., may omit deliveries during the period of continuance of such circumstances and the contract quantity shall be reduced by the quantities so omitted. 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 (1) 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. -T- be deemed to have been made and executed i Califeria and 10. Bayef and !hat-any dispute arising 3nderthis a aws o any..choice j -ef crp es~e~eef. 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. 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 LLC Name N mq Signed Signe e Title Title ) Date Date THSTANDING AN ADDITIONAL TERMS OR CONDLTI.OM3,1114 1`F1 BUYER'S PURCHASE DOCUMENTS THIS CON ADE SOLELY UPON T UPON BUYER'S ACCEPTING THE TERMS AND DAUI CONDITIONS STATED ABO CONDITIONS A VER ANY CONFLICTING TERMS AND CONDITIONS ST GENERAL TER ITIONS. I A-41 CCQJ" 2.-~ DATE(MM/DD/YYYY) A~ORO CERTIFICATE OF LIABILITY INSURANCE 12102/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the' certificate holder in lieu of such endorsement(s). c CONTACT N PRODUCER NAME: Ann Risk services central, Inc. Phi l adel phi a PA Office (AICNo. E.I): (866) 283-7122 AJC No (800) 363-0105 one Liberty Place E-MAIL c 1650 Market street ADDRESS: _ Suite 1000 Philadelphia PA 19103 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Illinois Union Insurance Company 27960 ECo Services Operations LLC INSURER B: XL Insurance America Inc 24554 CN 9803 Cranbury NJ 08512 USA INSURER C: Greenwich Insurance Company 22322 INSURERD: Starr Surplus Lines insurance company 13604 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570055966692 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 ADD POLICY EXP INSR SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY RGD EACH OCCURRENCE $3,000,000 CLAIMS-MADE X❑ OCCUR General Liability coverag DAMAGE TO RIEN I ED PREMISES Ea occurrence MED EXP (Any one person) PERSONALS ADV INJURY $3,000,000 rn GENT AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $3,000,000 Cie X POLICY ❑ JECOT- ❑ LOC PRODUCTS -COMP/OP AGG $3,000,000 uD 0 OTHER: o f` C AUTOMOBILE LIABILITY RAD9437732 1210112014 1210112015 COMBINED SINGLE LIMIT $2,000,000 Business Auto Coverage Ea accident BODILY INJURY ( Per person) 0 ANY AUTO Z ALL OWNED SCHEDULED BODILY INJURY (Per accident) d AUTOS AUTOS NON-OWNED - PROPERTY DAMAGE V HIRED AUTOS AUTOS Per accident N D UMBRELLA LIAB OCCUR 1000030224141 1210112014 12/01/2015 EACH OCCURRENCE V X EXCESS LIAB CLAIMS-MADE AGGREGATE $2 , OOO, OOO -DE-7 RETENTION B WORKERS COMPENSATION AND RWD3000601 12 O1 2014 12/01/2015 X PER OTH- EMPLOYERS' LIABILITY YIN workers compensation - Ca STATUTE ER _ ANY PROPRIETOR / PARTNER / EXECUTIVE ❑ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y N / A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Evidence of insurance Y, Additional Insured status and/or waiver of subrogation or any other rights of insurance shall not be granted through purchase Ill orders or electronic internet orders. All coverage evidenced on this certificate is subject to the terms, conditions and `rt exclusions of the policies noted on the certificates. :-ry CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ECo Service Operations LLC AUTHORIZED REPRESENTATIVE a CN7500,8 Cedar Brook Drive Cranbury NJ 08512 USA Jr. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000062764 LOC A~~RO® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk Services Central, Inc. Eco services operations LLC POLICY NUMBER See Certificate Number: 570055966692 CARRIER NAIC CODE see Certificate Number: 570055966692 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES It 'a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS DATE DATE MM/DD/YYYY MM/DD/YYYY EXCESS LIABILITY A XCEG27636998001 11/01/2014 11/01/2015 Aggregate $10,000,000 SIR applies per policy to ms & conditions Each $10,000,000 Occurrence ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 7/14/2015 12990 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 019193 SHIP TO: Ashland WWTP ECO SERVICES OPERATIONS LLC (541) 488-5348 BOX 392328 1295 OAK STREET PITTSBURGH, PA 15251-9328 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Der.'t.: Req. Del. Date: Contact: Dave Gies Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price 18.00 Load Invitation to Bid 2015-101 - Chemicals 4,920.00000 88,560.00 for WTP & WWTP FY 16 - Aluminum Sulfate Location: WWTP 18.00 Load FY 17- Aluminum Sulfate 4,920.00000 88,560.00 Location: WWTP SUBTOTAL 177120.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 177,120.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 675.08.19.00.60150 177 120.00 Authorized ignature / d VENDOR COPY #3 CITY OF ASHLAND UISITION Date of request: Required date for delivery: Vendor game Address, City, State, Zip Contact Name & Telephone Number Fax Dumber SOURCING METHOD ❑ Exempt from CornReti8ve Bidding ❑ Emergency ❑ Reason for exemption: nvltafion to Bid (Copies gp file) ❑ Form #13, Written findings and Authorization [I AMC 2.50 Date approved by Council: , ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $55,000 to $100,000 ❑ Written quote or proposal attached Agency i ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement lnterpovernmental Agreement 55,000 to $75,000 Agency ❑ Form #9, Request for Approval contract a ❑ Less than $35,000, by direct appointment El Written quote or proposal attached Date original pproved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date) Description of SERVICES Total Cost 14C_ r Item 4 Quantity Unit Description of MATERIALS Unit Price Total Cost lie- 0 TOTAL COST ❑ Per attached quote/proposal $ - c,: - - 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. "Jo By signing this requisition form,) certify that he City's public contracting requirements have been satisfied. o d Employee: Department Head: c - {Equal to or greater than $5,000) Department Manager]Supervisor: City administrator: (Equal to or gr than $25,000) Fit-tanCn L'I'i ancio° {L U i tO Grric c . rci]