HomeMy WebLinkAbout2009-225 Contract - Aquatechnex LCC
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Contract for PERSONAL SERVICES Less than $25,000
CITY OF
A.SHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488,6002
Fax: 541/488,5311
CONSULTANT:
CONTACT:
ADDRESS:
Aquatechnex
Adam Kleven
1801 Van Wormer, Suite 1
Centralia, WA 98531-1944
(360) 239.5173
(360) 239-5173
adam@aquatechnex.com
TELEPHONE
FAX:
DATE AGREEMENT PREPARED: 7/15/09
BEGINNING DATE: 7/15/09 COMPLETION DATE: 12/15/09
COMPENSATION: Time and Materials Not to Exceed $ in accordance with the attached ro osal
SERVICES TO BE PROVIDED: AI Iication at Reeder Reservoir
ADDITIONAL TERMS: er attached uote and as directed in the field bv a re resentative of the Cit
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2,52.060, alter reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services: (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULT ANT AGREE as
follows:
1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference,
2, All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service,
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service 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. .
4, Completion Date: Consultant shall start performing the service under this contract by the beginning date Indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above, Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed in the prior month. 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,
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7, Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $17,342 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 notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees,
9, Indemnification: Consultant 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 Consultant (including but not
limited to, 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 losses, expenses, ciaims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10, Termination:
a. Mutual Consent.
mutual consent of both arties.
Contract for Personal Services Less than $25.000. Revised by Legal 03/26/2007. Page 10 of 18
b, Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in w~iting-1
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 Consultant, 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 Consultant 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 Consultant 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 Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. 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, Obliaation/Liabilitv 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, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant 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 Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11, Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant 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. Consultant 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.
13. Default. The Consuitant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant 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 reguiar basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance;
a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not iess than
$1,000,000 for each claim, incident or occurrence. This is to cover damages caused by error, omission or
negligent acts related to the professional services to be provided under this contract.
c. General Liabllitv insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for
each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the
indemnity provided under this contract.
d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-
owned vehicles, as applicable.
e. Notice of cancellation or chanoe. 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 Consultant or its insurer(s) to
the Cit .
Contract for Personal Services Less lhan $25.000. Revised by Legal 03/26/2007. Page 11 of 18
. " -. f: AdditionallnsuredlCertificates of Insurance, Consultant 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 Consultant's services to be provided under this Contract. As evidence of the insurance coverages
, required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work
under this contract. 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 Consultant shall be financially responsible for all pertinent
deductibles, self,insured retentions and/or self-insurance,
15, 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 Consultant 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, Consultant, 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.
16. 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.
CONSULTANT, 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, " .
17. 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. Consultant' _
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 Consultant, with no further
liability to Consultant.
Certification, Consultant shall si n the certification attached hereto as Exhibit A and herein incor orated b reference.
~yONSU~~ ~:TYOFASHLAND:
1 Signature
Adam Kleven
Print Name
TITLE
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DATE
ID/rp 0
DATE
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~~NTRACT ~WARD AND {NDINGS DETERMINED BY:
City Department Head Date:
() /7 Jflf
6 -? tf' tf) 8 [' 9 tf'L~ 6~ / ~c;t-<j
(For City purposes only)
tP-'f ;2. ~ (
FederallD#
ACCOUNT #
'Completed W9 form must be submitted with contract
PURCHASE ORDER #
Contract for Personal Services Less than $25.000. Revised by Legal 03/26/2007, Page 12 of 18
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on
the attached W,g form is its correct taxpayer 10 (or is waiting for the number to be issued to it and (b) Contractor is not
subject to backup withholding be.cause (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 withhoiding. 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: .
K
x:
x
x:
X
(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.
(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 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 reiating
to the labor or services to be provided.
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Cd'ntractor
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(Date)
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Contract for Personal Services Less than $25.000. Revised by Legal 03/26/2007. Page 13 of 18
CITY OF ASHLAND, OREGON
EXHIBIT B
CIty of As.hla'nd
~-:.,.... LIVING.- .
ALL employers described
below must comply wit.. City
of Ashland laws regulating
payment of a living wage.
.~~
_c_..'''" ....- .'"'''':'''1iI'1I&
~<<"";..~.- .~--':::..::.
);> 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
-~
.........t;;;;.:..
,..-..~
~per. hour effectiv~ .June 30,.2008 '
(Increases annually every .June 30 by the
, ';.. ,- ..
Consumer Price Index) ,
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 $17,342.
);> 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,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
);> Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve.
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020,
For additional information:
~all the Ashland City Administrator's office at 541,488,6002 or write to the City Administrator, City Hall,
~O East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
~otice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees,
CITY OF
ASHLAND
Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 14 of 18
Fo~ W-g
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS,
(Rev. October 2007)
OOPIll".mtnlOlu.olr~ry
1nlt'ffl1llRQ'lo"(n.'O$e:\;c(>
I Name (as show"n on YCAJI irlcome tAX return)
::
'"
11
c
o
BYeinOH name, if ditterent from tlbovo
Indlvldulll!$ole proprietor 0 Corporution 0 Portn"lihip
ll-uifletlUon (O=dlsregorded entity, C=ccrporoUon. P=partnel
cny'a1at~""~
.
list account I'IUTIb(lt(6) here (op ~
j 0 Exemp1
1 poyee
Requuter's name and addr(l6.$ (optlonaQ
.....
Taxpayer Identification Number
Enter YOllr TIN in the appropriate box. The TIN provided must match the name given 0' Una 1 to avoid
back\Jp \Nlthholding. For Individuals, this is your social securlty numbar (SSN). However. for a rasJdenl
allen, 80le proprietor, or disregarded entity, see the Part I Instructions on poge 3. For other entities, ills
your employer Identification number (EIN). If you do not hnV8 a number. see How to gst a TIN on page 3.
Note. If the account is in more than one name, see the chnrt on pnge 4 for guidelines on whose
number to enter.
t::7~~' ~
-------
or
Certification
Under p&naltles of perjury. I certify that:
1. The number shown on this form is my correct taxpayer Identification rumbar (or I om waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b) I have not baen notified by the Internal
Revenue service (iRS) that I am subj&Ct to backup withholding as a result of a fallure to report all interest or dividends, or (c) the IRS has
notilled me that I am no longer subject to backup WithhOlding. and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are ourrently subject to backup
withholding because you have failed to report all interest and dividends on your tax retwn. For real estate transactions, item 2 does not apply.
For mortgage Interest paid, acquialtlon or aband rment of secured property. cancellation of debt, contributions to an Individual retirement
arrnngement (r~, and genernl'Y, so than Interest and d1vicklnds, you are not required to sign the Certification, but you must
provids your correct TIN. See t in 0 ge 4.
Sign
Here
Sfgnutl.n of
U.S. peN/On ..
Generallnstructi
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who Is required to file an information return with the
IRS must obtain your corrQCt taxpayer identification number (TIN)
to report. fot example, income paid to you, real estate
transactions, mortgage Interest you paid, acquIsition or
abandonment of secured property, cancellation of debt. or
contributions you made 10 an IRA
Use Form W~9 only if you are a U.S. person (Including a
resident alien), to provide your correct TIN to the person
requesting [t (the requester) and. when applicable. to:
1, Certify that the TIN you are giving Is correct (or you are
waltlng for a number to be Issued).
2. Certify that you are not subject to backup withholding, or
3. Claim exemptJon from bacKup withholding If you are a U.S.
exempt payee. If applicabJe. you are also cartirylng Ihat as a
U.S. parson, your allocable share of any partnership income from
a U.S. trade or business is not subject to the Vlnhholdlng tax on
foreign partners' share 01 effectively connected incOl'l"lG.
Noto. If a requaster gives you a form other th3n Form W-9 to
request your TIN, you must use the requester's form if It 19
substantIally similar to this Form W-9.
Ollte ...
Doflnldon of a U.$. person. For federal tax purposes. you are
considered a U.S. person If you aro:
. An individual who is a U.S. citizen or U.S. resident alien,
.. A partnership. corporation, company, or association created or
organlZGd in the United states or under tho laws ot the United
States.
. An ootate (other than a foreign esta1e). or
. A dOl"l'lastlc trust (as dMlned In Regulations section
301.7701-7),
Spoclal rules for partnorshlps. Partnerships that conduct a
trade or business in the United S1ates are generally required to
pay a WithholdIng tax. on any foreIgn partners' share of incorre
from such bUsiness. Further, In certaIn cases where a Form W-9
has not been received. a partnership Is required to presume that
a partner Is a foreign person, and pay the withholding tax.
Therefore, if you are a U. S. person that is a partner In a
partnership conducting a trade or business In the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
Income.
The person who gives Form W-9 to the partnershIp for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of nellncoma from the partnership
conducting a trade or business in the United states is in the
follov/ing cases:
. The U.S. owner of a di$fegarded entity and not the entity,
C4t. No. 10231X Fam Ww9 (Re.... 10-2007)
Contract for Goods and Services Less than $25,000, Revised by Legal 03/2612007, Page 13 of26
---
. AqUaTeChDe~
P.O. Box 30824
Belllngham WA 98228
Bill To
PieterSmeenk:
City riAshlaoo
20 E Main Stre~t
AshIaD:i OR g]5'KJ
United Sta~
Oregoo Servi:e I Mobilizatioo fer Algae Treatments 675.00 675.00
0re1Pl Servi:e 875 MikagefCl"1J"aYC:1 0.38 33250
Oregm Scrvi=e 1 UxIging and meals fer team 240.00 240.00
Qregm Servi:e I' Hourslabcrfcrtra~ltime 38.00 53200
Oregm Servi:e 1 AppOCalioo r:i A1~eciE 10 Rcst:I"\IQU' l.tOO.OO 1,600.00
fugoo Servi:e 1 Fmergen::y Mcbilizatico Owge 750.00 750.00
I
Total
.ACORD CERTIFICATE OF LIABILITY INSVRANCE I DATE (foAMmD.IY'(YY)
.1M. 1010612009
PRODUCER Phgna: (360J6gs-3466 Fnx:;;{380j611&.7QSl THIS CERTIFICATE_'IS ISSUED AS A MATTER OF INFORMAT'ION
PICKETT INSURANCE AGENCY ONLY- AND CONFERS NO RIGHTS. UPON THE CERTIFICATE
8315 E. MILL PLAIN BLVO. HOLDER. THIS CERTIFICATE ODES -NOT AME~~;:r~~~~.D;,~R
VANCOUVERWA 98554 ALTER' ' , RV . . .
INSURERSAFF.ORDlNG COVERAGE NAIC#
INSURED INSURER A: Swatt & CraMord/Rockhlll'lnsurance,Co
AQUATECHNEX, LLC INSURER B:
P,O BOX j0824 INSURER C:
BELLlNGHAM'WA 96228 INSURER D':
INSURER-E:
COVERAGES
THE POUCIES OF INSURANCE USTED BELOW 'HAVE'BEEN ISSUED TO .THE 'INSURED NAMED ,ABOVE FOR THE POLICY PERIOD INDICATED; NOTWITHSTANDING
ANY REaUIREMENT, TERM~OR CONDITION~OF.ANY CONTRACT OR OTHER DOCUMENT WlTH.RESPECT TOWHlCH TH1SCERTlFlCATE MAY BE IssueD OR
MAY.PERTAIN, THE'INSURANce AFFORDED BY THE POLIC[ESCESCRIBEC HEREIN IS SUBJECT' TO' ALl:THE TERMS, EXCLUSIONS AND ,CONOIT10NSOF SUCH
!'OUCtES, AGGREGATE LIMITS' SHOWN MAV HAVE 'BEEN' REDUCEO:BV 'PAID ClAIMS.
INSR '""'- TYPE,OF INSURANCE, POL.ICYNUMBER, p~rr~~~~~g~ I POUC:,~XPIRA~~N I L.l'MlrS
. lTR ~" DATI! MMlDDh'Y
~NERAL:-LIABILITY RPKGE 00320300 07115/09 07/15/10 EACH OCCURRENCE , 1,000,000
X COMMERCIAL GENERAL UABILITY =~~~O~~ClI , 100,000
I CLAIMS MADE ~r OCCUR MEt). E~ IA_ny 0J18 pe~n). , 10,000'
A ,X snip GAP PERSONAL & ACN INJURY s .1;000;000
~ GENERAL'AGGREGATE , '2;000,000
GEN" AGGR:Pl lIMITAF"r'1:ER' 'PROOUcTS-COMP/OPA'GG. s 2,000,000
JI PRO., .
POUCY JEeT LOC
'AUTOMOBILE LIABILITY 07/15109 07/15/10 COMBINED SINGLE UMIT 1,000,000
- (Eilaccldilnt,-- ,
"ANVAUTO
-
'ALL'm'/NED AUTOS' BOOlLylNJURY
r- (Porpoiiciii) S
A Ix' ~HEDULEOAl.[Tl?S f
Hl~ED AUTOS BOOILYINJURY
Ix' lPeracddont) ,
r NON.OWNED AUTOS
f- Pp~~~~dr;;,I~AM"GE ' '.
GARAGE LIABILITY AUTO ONLY .EAACCIDENT I,
R NNAUJ"O OTHER THAN EA ACC ,
AUTO ONLY; AGG. ,
.EXCESS J UMBRELLA LIABIl,:riY EACH OCCURRENCE' ,
P-~CclJR - O~LA!MS~ADE AGGREGATE ,
,
ROEDUCT1BLE ,
RETENTION S S
WORKERS COMPENSATION AND !~R~t~I~5J IOTHf~
EMPLOYERS' L1AB1UTY E.L EACH ACCIDENT' ,
At<<, PROPiuE: ToAiPAiliHEFUEXECilTlVE
OFFICI>RIIolEMQER EXCWDE01 E,L. DrSeASE~EA EMPLOYEE ,
ij~...d;oc,ib.undor E.L DISEASE-POUCY LIMIT' ,
~!,ECI"'LP!ll?VI~O~S"b~...
OTHER: 07f1SJ09 07115110
A
DESCRIPTION OF OPERATIONS/WCA TIONSIVEHICtESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECtAL PROVISIONS
CertifIcato.Holder, Is. add ItJonw'lnsured 85 pe~ attachedendorSoml!l'nt.
CERTIFICATE HOLDER
CANCELLATION
SHOULD. ANY OF THE',ASOVE'OESCRIBED POUCIES"BEiCANCELLEO BEFORETHE'
The CltyofAs~rand, EXPlRATIONDATE~'THEREOF,' THE ISSUING INSURER, WILL ENDEAVOR TO MAlL30 DAYS
WRITTEN 'NOTICE TO THE CERTIFICATE. HOLDER NAMED TO THE: LEF.T; BUT FAILURETO
~ubllc Work,s Department DO 50 SHALL IMPOSE NO OBLIGATION OR L1ABIUTY,OF ANY KIND UPONTHE INSURER, IT'S
.20 E,Maln Street AGENTS OR REPRESENTATIVES. .
'Viash'landOR975.20 AUTH~RIZEO REP_REsE,NTA:nvE /~, . /1/2
Attontlon: ( (~;#~'71;-f tI~-_.
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ACORD 25 (2001/08) Certificete #14252 @ACORO CORPORATION 1988
IT c;u..~~~ c:T&?C/~ Pl....v;L c:.~ kJ_ e.~~ (Y.:.;--/
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THIS'ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNER~, LESSJ;:ES OR
CONTRACTORS- SCHEDULED PERSON OR
. . ORGANIZATION
This endorsement modifiBs'insuranceprovided under the foUo:.wing:
CONTRAcTORS POLLUTION LIABILITY COVERAGE PART
SC'I-IEDULE
Name of Person or Organization:
Any person or organization thatis:
1. An.oym~rof real,or'personal propert}ion whichyou are performingoperatlons,_ but only atth8speci~c \Nrilten
requBsi.-by-that person or organization tnyou, aQd oryly'if:
~, ThatrB_quesUsmada prior fo.lhe:date:youroperatlons for that person or orgal1.lza.ti9n. C9rnmsflced; a:nd
9- A Certifi~ale ofl!1.sUranc;:~ ,Bylde,ncll1~J:t~E1t requesfhas been issued by ~our'auttiorjzad,jnsurance agent or
broker; or
2. A c:6r1~Edi:lron whqse beh~If.You ~re 'perfcirinlng'operations, but on!}' aflhespeclflc wri~en re.Q~~~t by"that
person
'o(org~nizatl9n io.yot.i; ~a'nd only'if:'
'8. That request is'madB_prior~D,thB da~e your"bperaugns for thai-person or organizatiDn,commenced;-and
b. A Cerfificate,of' Insurance evldenclng_ that request-- has been, issued by Y9u-r 3!-l1hor(zec:l J~surance 'agent ,or
broker.
'(lfno'eritry,appe~rs'~qovEl\ Jnfor,ri1ati,on requlre,a to;cbfi'lpl_ete:1his endorsement wlll'be-,shown in:the,Declaration-sas
applicable 101hi5endorsement.)
A. Sacti_anU - WhO' Is, An'lr(sured Is 'amended 10
ihCludeas; an-.insured::ihe person :or:organizatlon
shown. in the Schedule, but only with respect.;1o
;l1ablllty ,arisIng' out, of your ongoing' operations
p'erformedfor that insured.
B. With respect to the insurance afforded ,ID these
,addi'tional :Insureds, the- fol.lDwing exclusion' Is
added:' ..
2. exclusions
This;insurance:does lJot apply 10 ~bodiJy'injury"
or '''proper1y'damage~ oc:currfng aft~r:
(1) AU 'work" including ma1erials; parts'cir
equiprii€mffurnlsJ:ied lh.coririeclionwlih
such: work, :.00. the project (Olh8ftha,~,
service" maintenance or.-'repalrs) to be
peifarmed 'by or on behalf of iIle
additional -insured(s) al :the site 'of the
covered ripe'rations has been
completed;,or
(2) That portion of "your work' oUt afwhlch
the. 'jnjury or d~mage arises hasbe~'n
pu1,t6;lts-;i,n,1ef!dad U~8 by.?ny person'or
organiZation other than anolher
conti-ac1or'or'subco,:,traclorengage~ In:
performing op,erations:fora principal as
apart oflhesams project
E(;G 205031204
.Copyrlghl Everest R.einsurance Company, 2002
In91_ud8s copy~gh1ed_maJerial of-Insurance ServicesOffiee. (nc..
with-its parm!;:;slon. -
.Pege 1.of 1
.
Memo
CITY OF
ASHLAND
DATE:
TO:
FROM:
CC:
RE:
SUBJECT:
September 10, 2009
Mike Faught, Public Works Director
Pieter Smeenk PE SE
Daryl McVey
Reeder Reservoir Algae Treatment Application
Procurement Findings for Aquatechnex
Background
This sole source justification applies to the application of GreenCleanPro algaecide to Reeder Reservoir.
Proiect Description
Application involves the use of specialized GPS and spraying equipment and boat to distribute 4000,6000 lbs
of granular material evenly over several passes, Since the process is relatively new to us, we are in the
process of trying to determine the best way to get the job done. Aquatechnex's initial quote for $3400 to
apply in July was within expectations, A second application was necessary one week later, due to the
inadequate initial maintenance dosing recommended by the manufacturer,. An extra $750.00 for overtime
was necessary if there is short notice.
Because the chemical must come in direct contact the the algae to work, it is important to wait until algae
concentration is sufficient and the weather is appropriate to efficiently treat the reservoir. Once that
circumstance occurs, it is necessary to treat fully to prevent the bloom from becoming very large.
Aquatechnex was aware of the urgency of the situation and willing to help us get through this initial
difficulty,
Four applications are anticipated this year. The annual cost to apply is thus ($3400x3)+$4150=$14,350.
Selection Process
GreenCleanPro was specifically chosen for its particular chemical properties by Jacob Kann, PhD, the City's
Consulting Biologist for Reeder Reservoir algae issues. This chemical is a relatively new way to treat blue,
green algae specified by Jacob Kann, the aquatic biologist hired to solve the algae problem at Reeder
Reservoir. When the product's manufacturer was contacted, only 2 applicators in the Pacific Northwest with
significant experience were given, Aquatechnex and Clean Lakes, Inc. Both companies were contacted to
request a quote, but Clean Lakes had not yet obtained an aquatic applicator's license in Oregon, and bowed
out of quoting.
AMC 2.50.075 authorizes appropriate departments heads to determine when there is only one product of the
required quality within a reasonable purchase area.
Qualifications of Proposer
Aquatechnex is licensed for aquatic application, has provided high quality service to the City in the past.
Legal Review
AMC 2.50.025,AA authorizes procurement without legal review for contracts less than $25,000. The
contract utilized is a standard City Contract for Services that includes Exhibit A as required by AMC
2.50,025.A.5.
G:\pub-wrks\eng\08,45 Reeder Algae Treatment\Adm\aquatechnex\2009-09-08 Aquatechnex Requisition, Findings Memo.doc
CITY RECORDER
Page 111
~4.
.,-~
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488,5300
ill;:"',,_'::~DATE <::,~~_:'SIJ
:: :;~'p.0TNllJMBEFf~~:':~fi
912812009
09241
VENDOR: 013549
AQUATECHNEX LCC
PO BOX 30824
BELLINGHAM, WA 98228
SHIP TO: Ashland Public Works
(541) 488,5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
5 peciall nst:
Req. No.:
Dept.:
Contact: Pieter Smeenk
Confirming? No
L~TQtia"n1jffi~J lJITilit,']~;1l~,;f;,.i~:~;}t,~:~:J';' ~'-)~~~3~~~~3:1~r6e'st-riDtion-~:S~}5.?~~ ,:,':< :,ES~}d~i:5t~;~iL;!::?:~B{~:'Li(irlitTF!Fice:':!{~ ~~~=-.iE~i~kricgS'(i(j
THIS IS A REVISED PURCHASE ORDER
Algacide application at Reeder Resevoir
,Estimate: (4) applications for
current fiscal year, timing is
critical. Contract for Personal
Services, Beginning date: 07/1512009,
Completion date: 12/1512009, Insurance
required/On file
15,218.00
BILL TO: Account Payable
20 EAST MAIN ST
541,552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
15218.00
0.00
0.00
15,218.00
5~~/A'Ccc)UntfNum6er: :i~;~tj~ r~T~~oject:NumtJe"r!-[~f~~t ~E~~EfAmou-nt',~~[:~J'~~ ~"~:YAcco-unirNtimp~.~:B I1~MIt!Rfoje'ctrNunnier~~v3 ~JVgm'cju""t{~:~
E 670.08.1 9.00.601 501 E 200845.400 1 5 21 8.00
I
I
I
1'0/
~ ~a:edSig~7'
VENDOR COPY
Contractor/Consultant: /7
, V( j H d.. Y"',--" e/ /1....e )0
~ attached contract r-r:? c:fT..cf,:2- /f /
PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process
o Exemot from Comoetitive Biddino 0 Invitation to Bid (Copies on file) 0 Emeroencv
Reason for exemption: 0 Wotten findings attached
o Quote or Proposal attached
Coooerative Procurement
o State of Oregon
Contract #
o State of Washington
Contract #
o Other government agency contracl
Agency
Contract #
o Interagency Contract
Agency
Contract #
I FO~#lO I
CONTRACT APPROVAL REQUEST FORM
o Small Procurement & Personal Services
Less than $5,000
Note: Total contract amount, including any
amendments may not exceed $6,000
Intermediate Procurement
GOODS & SERVICES
$5,000 to $75,000
o 13\ WOllen Quoles
PERSONAL SERVICES
$5.000 to $50,000
o (3) Written Proposals
o Reouest for Prooosal (Copies on file)
Please check one:
o Goods & Services
0. Personal Services
~ Sole Source
Wyvrillen findings allached
[1j Quote or Proposal attached
.
o Soecial Procurement
o Wrillen findings allached
o Quole or Proposal allached
Have all public contracting requirements been satisfied?
,,/"
YES
CITY OF
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c9,~~>. .j ot\
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(Dale)
Have funds been budgeted for the purpose of this contract?
NO
YES
If "NO", City Council approval is required, City Councit approval was received on
ptease provide:
Account Number€? ~ -~t! j_C~ -rf}<!- ~~_"- ~,!--o
(Date)
Is the amount of the contract less than $25,OOO?
~
YES
If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on
Is the amount of the contract less than $75,000 for Goods & Services
or $50,000 for Personal Services?
YES
~
If "NO", City Council approval is required. City Council approval was received on
NO
(Date)
NO
(Date)
Is the contract for a period of 24.months or less?
...-----
NO
,
YES
If "NO", City Council approvaLis required, City Council approval was received on
NO
(Date) ~
~
Please provide terms:
Start date: cJ "7 - r <7 - <'-;7'
Completion date: r-:2 - r ,;- - C' ;7
Can the contract be terminated for convenience thirty (30) or fewer days
following delivery of written notice to the contractor? YES
~'
If "NO", City Council approval is required, City Council approval was received on
(Date)
~ /fl 07 Pleaseci~.)
'-,=- (,)/--L/? ~pJlli1Y.e~ Not Approved
(3GA./7' c!...---c....A....?---t--k~/ A}/...;;L-..e ~
;; Lee Tunebe5l' .Ie
I' 0 - (9- cfJ. Date: 10/ 2//tJ/
/
Prepared by:
Department:
Date:
Form #10 - Contract Approval Request Form, Page 1 of 1 10/19/2009
THIS REQUEST IS A:
o Change Order( PO_l
CITY OF
ASHLAND
Date of Request: I 10/14/09
Required Date of Delivery/Service: I 11/7/09
A re~uest for a Purchase Order
REQUISITION FORM
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
AQuatechnex
1801 Van Wormer, Suite 1
Centralia, WA 98531-1944
(360) 239-5173
(360) 239-5173
Terry McNabb
SOLICITATION PROCESS
Small Procurement l8J Sole Source 0 Invitation to Bid
0 Less than $5,000 l8J WoUen findingsaUached (Copies on file)
o Quotes (Optional) l8J Quote or Prooosal aUached
Coooerative Procurement 0 Reauest for ProDosal
0 State of ORfWA contract (Copies on file)
Intermediate Procurement o Other government agency contract 0 Special I Exempt
o (3) WriUen Quotes 0 Copy of contract aUached 0 WoUen findings aUached
(Copies aUached) 0 Quote or Proposal aUached
0 Contract # 0 Emeraencv
0 WoUen findings aUached
0 Quote or Proposal aUached
Description of SERVICES
Total Cost
$riofloexceed$15,218.00
~ Algacide application at Reeder Resevoir
( 4 applications, one of which is short lead time)
Per the attached PROPOSAL
Item #
Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost '
TOT,AL:COST
0 ...-...- ~- --~.... -- -
Per attached QUOTE
$
Project Number 08 -45 Reeder Reservoir Improvements ---- ,
Account Number 670 - 08 - 19 - 00 - 601500
. Items and services must be charged to the appropriate account numbers for the financials to refiect the actual expenditures accurately,
Employee Signature:
, SupervisorlDept. Head Signature:
requirements, and the d
G:\pub,wrks\eng\08-45 Reeder Algae TreatmentlAdm\aquatechnex\2009,09,08 Aquatechnex Requisition Revised.doc