2023200061_A1_Herbicide Application.pdf

Request for Quotation

Herbicide Application

Solicitation No. RFQ 2023200061

Due Date and Time:

Wednesday, April 14, 2023

5:00 PM PDT

CITY OF EUGENE

Central Services

Finance Division/Purchasing 100 West 10th Avenue, Suite 400

Eugene, Oregon 97401 Telephone: (541) 682-5055

Office is currently not open to the public

Rev 12/2022 HERBICIDE APPLICATION – RFQ # 2023200061 1

I. INVITATION TO SUBMIT QUOTATIONS

CITY OF EUGENE

INVITATION TO SUBMIT QUOTATIONS

Solicitation No. RFQ 2023200061

Notice to Suppliers Pursuant to ORS 279B.070 and City of Eugene Administrative Order 44-23-01 Public Contracting Rule (City Rule) 137-047-0270, quotes for Herbicide Application for the City of Eugene will be accepted by the Purchasing Office until Wednesday, April 14, 2023, by 5:00 PM PST. Quotes will not be accepted after the quote closing time and date. Quotes shall be valid for sixty (60) days after opening unless otherwise specified in the quote specifications. This Invitation to Submit Quotations does not commit the City to pay any costs incurred by any quoter in the submission of a quote.

Project Description In general, work includes applying herbicides in City-owned natural areas for the purpose of removing or controlling undesirable plant species. The City desires to establish a sufficient number of contracts to guarantee adequate availability to meet the City’s operational needs for herbicide application services.

A contract will not be a commitment or guarantee of services used during the contract period.

Solicitation Documents Solicitation documents may be examined electronically by logging in to OregonBuys. To view City of Eugene solicitations:

• Scroll to Supplier Activities

• Click the Open Bids icon

• Click the Advanced Search button

• Click Select Organization

• Select City of Eugene

• Click Search

• Click the Bid Solicitation # to view solicitation details and documents

A copy of the Solicitation may also be obtained by email request to the Purchasing Analyst shown below. Vendors must submit their quotes in a single PDF file via email directly to the Purchasing Analyst shown below before the due date and time specified.

Dated: March 30, 2023

Michelle Hahn Purchasing Analyst City of Eugene MHahn@eugene-or.gov https://oregonbuys.gov/bso/ mailto:MHahn@eugene-or.gov

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II. INSTRUCTIONS TO QUOTERS

1.0 QUOTE FORM

1.1 Quotes shall be submitted on forms identical to the forms provided by the City. The quoter shall make no alterations or additional stipulations on the quote form, nor qualify the quote in any other manner. Alteration of any part of the quote form content may cause the quote to be considered non-responsive.

1.2 Complete sets of quote documents shall be used in preparing quotes.

2.0 SUBMISSION

2.1 Deliver quotes via email to Mhahn@eugene-or.gov prior to the due date and time indicated in the RFQ or any extension thereof made by addendum. The subject line of the email must read: RFQ 2023200061 Herbicide Application, Due Date April 14, 2023. The City is not responsible for the premature opening of or the failure to open a quote not properly identified or addressed.

2.2 Quoter is responsible for submitting their quote prior to the closing time and date.

Late quotes may not be accepted. The City is not responsible for any delays caused by computer/email issues of any sort.

3.0 QUOTE MODIFICATIONS

Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst via email in conformance with City Rule 137-047- 0440(1), and no less than five (5) calendar days PRIOR to the solicitation closing and submitted separately from the solicitation response. Contents of questions, clarifications, modifications, or substitutions should include a reference to the page or item being addressed, the reason and any proposed alterations. Questions, clarifications, modifications, or substitutions included with the response to the solicitation may cause it to be considered non-responsive.

4.0 OR EQUAL

4.1 Whenever a process is designated or a manufacturer’s name, brand, or item is designated or described, it shall be understood that the words, “or equal” follow such name, designation, or description, whether in fact they do so or not, unless no substitution is stated in the specifications. Items quoted other than specified must be determined by the Purchasing Analyst as an approved equal. Quoters shall submit to the City their intent to quote an approved equal no later than five (5) calendar days prior to the RFQ closing. Include detailed specifications, cut-sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

4.2 Approval of alternate materials and equipment shall rest solely with the City and all quoters shall be notified of such approval by addenda prior to the quote closing.

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5.0 ADDENDA AND INTERPRETATIONS

Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued more than twenty-four (24) hours before the scheduled closing time for filing quotes, shall be binding upon the quoter.

Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and proposers shall receive addenda per City Rule 137- 047-0430, and as follows: City will not mail notice of addenda but will publish any addenda on OregonBuys site. Addenda may be downloaded off OregonBuys site. Proposers should frequently check the OregonBuys site until closing (i.e., at least once weekly until the week of closing, and at least once daily the week of the closing period).

6.0 QUOTE MODIFICATION OR WITHDRAWAL

6.1 Quotes may be modified by written notification on company letterhead signed by an authorized person, stating that the new document supersedes or modifies the prior quote.

6.2 Quotes may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for quote closing.

7.0 CONSIDERATION OF QUOTES

7.1 It is the intent of the City to award multiple contracts to the quoters whose quotes will best serve the interest of the City, provided the quotes have been submitted in accordance with the requirements of this RFQ and do not exceed the funds available.

7.2 In determining the awardee, the City shall, for the purpose of awarding the contract, add a percent increase to the quote of a nonresident vendor equal to the percent, if any, of the preference given to that quoter in the state in which the quoter resides.

The City shall rely on the Oregon Department of Administrative Services’ published list of states, which gives preference to in-state vendors to determine the percent increase to be added.

7.3 The City shall give preference to materials and supplies manufactured from recycled materials when available at a cost no greater than five (5) percent above the cost of comparable products manufactured from virgin materials. Subsequent contract or purchase order award will be based on this criterion and shall contain applicable standard contract provisions as required by law.

7.4 The City shall have the right to reject any quote that attempts to change any contract term or condition, or that does not evidence the quoter’s intent to abide by the specifications, or that does not otherwise comply with all quote requirements set forth in this RFQ or in the Oregon Public Contracting Code.

7.5 The City may, in its discretion, reject any or all quotes and/or cancel or delay or suspend the quote or award at any time prior to execution of the contract upon the City’s determination that it is in the public interest to do so.

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8.0 MATERIAL PURCHASES

8.1 The price offered must be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates will be furnished upon request. Packing and transportation expenses are the responsibility of the quoter. All prices quoted must be F.O.B.

Destination, Freight Prepaid and Allowed, delivered and unloaded at delivery address listed.

8.2 Include complete standard warranty information and factory specifications on the equipment offered. For the warranty, include the length of time, covered components, repair site (city or contractor site) and availability of parts and service not covered under the warranty. If an extended warranty is available, include the details of the extended warranty.

9.0 PUBLIC RECORDS

9.1 This request for quotation and one copy of each original quote received in response to it, together with copies of all documents pertaining to the award of a contract, shall be kept by the City of Eugene Purchasing Office and made a part of the procurement file which shall be open to public inspection. If a quote contains any information that is considered trade secret under ORS 192.345(2), each sheet of such information must be marked with the following;

“This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.”

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance.” ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a quote may depend upon official or judicial determinations made pursuant to the Public Records Law.

9.2 The above disclosure restrictions may not include cost or price information which must be open to public inspection.

10.0 PROTEST OF AWARD

Protests and remedies under this RFQ are exclusively governed by ORS 279B.415.

11.0 RESERVED RIGHTS

The City reserves the right:

A. To reject any Quotes not in compliance with all prescribed public bidding procedures and requirements.

B. To reject for good cause any or all Quotes upon the City’s written finding that it is in the public interest to do so.

C. To reject any and all Quotes not meeting or differing from the specifications set forth herein.

D. To waive any or all informalities in the Quotes submitted.

E. To consider the competency and responsibility of proposers in making any awards.

F. In the event that two or more Quotes are identical in price, fitness, availability and quality, award shall be made in accordance with City Rule 137-046-0300.

G. In the event any proposer or proposers to whom a contract is awarded shall default in executing said contract or in furnishing a satisfactory performance bond within the time

Rev 12/2022 HERBICIDE APPLICATION – RFQ # 2023200061 5 and manner herein after specified, to re-award the contract to another proposer or proposers.

H. To extend the deadline for submitting Quotes, in according with City Rule 137-047- 0430(3).

I. To negotiate additions or deletions to offered goods and contract price.

J. To seek other Quotes, if deemed in the public interest.

12.0 CONTRACT AWARD

Submittal of a Quote evidences Quoter’s intent to execute and be bound by the terms of the attached contract. The City will enter into contract negotiations regarding any open terms with the successful Quoters. During negotiations the City may require any additional information it deems necessary to clarify the approach and understanding of the requested goods or services. Any changes agreed upon during contract negotiations will become part of the final contract. The negotiations will identify a level of work and associated fees and costs that best represent the goods and services required.

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III. SUSTAINABILITY & SOCIAL EQUITY

The City is interested in products and services that have a reduced impact on human health and the environment and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related City policy and plans, please refer to the City’s Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch. The awardee will be expected to support the City’s goals by implementing the following strategies where applicable.

1. WASTE REDUCTION

Pursuant to City Zero Waste efforts, the City aims to prevent waste where possible. In order to increase efficient use of resources, the awarded Proposer shall adhere to the following items as applicable.

1.1. Unnecessary packaging for goods, beyond packaging compliance or practical safe shipping methods, shall be reduced. Proposer to ship goods utilizing one or more of the following methods:

A. Ship products in reusable, refillable, or returnable containers. For example, reusable trays or totes, which can be stored and returned;

B. Minimal packaging material used inside containers. This includes eliminating or reducing the amount of non-recyclable bubble wrap, foam pellets or other like material;

C. Eliminate non-essential parts of packaging, such as individual wrapping of components;

D. Use packaging made with recycled content, biodegradable, and/or non-toxic materials.

E. No point of purchase material or promotional literature.

1.2. The awarded Proposer is to duplex all paper materials that are prepared for the City under the contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced.

1.3. Contractor is expected to prevent, reduce, recycle or otherwise divert waste generated from the provision of services procured by the City. City may request information about diversion tactics utilized and quantities of waste materials diverted.

2. IDLING REDUCTION

In the interest of reducing air and noise pollution and promoting energy conservation, all gasoline and diesel-powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination and must not cause or allow an engine to idle at any location for more than 20 seconds. This idling policy applies except in the following situations:

2.1. The health and safety of employees, sub-contractors or public is compromised in turning off the vehicle.

2.2. The engine is required to power auxiliary equipment (e.g. hoist, lift platforms, hydraulic tools, inverters, compactors, medical equipment, specialized public safety radio communication and computer systems, etc.)

2.3. Vehicle/equipment manufacturer requires additional idle time for warm up or cool down for efficient and proper mechanical or functional operation of the unit.

http://www.eugene-or.gov/sustainpurch

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3. ENVIRONMENTALLY PREFERRED PRODUCTS

3.1. To promote and encourage environmentally sustainable practices for companies doing business with the City, the City requests vendors under City contract use environmentally preferable products in production of City work products.

3.2. The awarded Proposer should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement. Environmentally preferable products and services have characteristics that include but are not limited to the following:

o Energy Efficient o Reusable or upgradeable o Recyclable o Contain post-consumer recycled materials o Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or o Are certified by an independent accredited third-party program such as EcoLogo or

ENERGY STAR.

3.3. The City desires the use of post-consumer recycled content, chlorine-free paper to encourage environmentally preferable practices for City business wherever practical in the fulfillment of the scope of work.

4. SOCIAL EQUITY

Economic prosperity through diversity and collaboration is fundamental to the Equity in Contracting program. Part of Eugene’s City Council Vision states that we will “Encourage a strong, sustainable and vibrant economy, fully utilizing our educational and cultural assets, so that every person has an opportunity to achieve financial security.” The program aims to reduce barriers for local, small, minority and women-owned businesses to leverage all that our community has to offer, strengthening the business community as a whole.

The City supports the utilization of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Oregon Forward Contractors (OFC) at both a prime and subcontracting and/or supply chain level. The City encourages eligible suppliers to gain certification and encourages the awarded proposer to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses in the fulfillment of the scope of work:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Certification Office of Business Inclusion and Diversity (COBID) by visiting their website at: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp to find certified businesses from whom to procure products or services.

b. Visit the Oregon State Oregon Forward Program website at http://ofp.dasapp.oregon.gov/ to search for Oregon Forward Program contractors from whom to procure products or services.

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp http://ofp.dasapp.oregon.gov/

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IV. REQUIREMENTS / SPECIFICATIONS

1. Purpose of Contract and Project Awards

The City intends to retain one or more Contractors on an “as needed” basis to apply herbicides using lightweight mechanical equipment in City-owned natural areas for the purpose of removing or controlling undesirable plant species. The City reserves the right to select any qualified Contractor for any project and makes no guarantee to any quantities of work. The City will use the Contractor quotes along with Contractor availability to select which Contractor to assign to each project. The initial term of the contract(s) shall be for one (1) year and the term may renew annually for up to four (4) additional years, as mutually agreed by the City and the Contractor.

The following criteria will be used to determine which Contractor will be selected for a project:

A. Cost. The qualified vendor with the lowest cost for the full project will be the preferred Contractor and considered first.

B. Availability: The City will assign the project to the preferred Contractor, with a reasonable timeframe for implementing work. Contractor must respond within 48 hours to confirm availability to initiate and complete the project on City’s desired timeline. If Contractor is not available to fully implement the project during the City’s requested work window, City will cancel that work and assign to another Contractor in the pool who is available.

2. Scope of Work

The work is a component of Willamette Valley Wetland Prairie habitat restoration or enhancement, and the Contractor shall provide skilled personnel, equipment, and supplies to deliver vegetation management services to control undesirable vegetation with herbicides applied with lightweight equipment. Work will be carried out primarily on City’s Wetland Mitigation Bank sites to maintain or enhance native wetland or upland plant communities within project sites.

Herbicide solutions will be applied either with broadcast applications (boom) or directed spray (hose and reel) in a manner consistent with the Parks and Open Space Division’s Integrated Pest Management (IPM) Policy and Operations Manual.

Additionally, Eugene’s Parks and Open Space Division maintains a salmon-safe certification by the Oregon nonprofit Salmon Safe, the nation’s first certification organization linking land management practices with the protection of water quality and imperiled native fish. Salmon-Safe promotes watershed conservation and preservation practices that help Pacific salmon thrive in west coast watersheds. The City’s park system is considered salmon-safe because its operational policies and maintenance practices impacting aquatic ecosystems are assessed and any harmful impacts on water quality and fish habitat are minimized.

The initial term of this contract shall be for one (1) year and the term may automatically renew annually for up to a total of four (4) additional years. Initial funding is for $25,000 for the first year and additional funding may be added to this contract, based on resources and need.

http://www.eugene-or.gov/mitigationbank http://www.eugene-or.gov/posipm http://www.eugene-or.gov/posipm https://salmonsafe.org/

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3. Contractor Qualifications and Responsibilities The following qualifications and responsibilities shall be considered as requirements to meet minimum standards for a vegetation management Contractor using herbicides in natural areas.

Contractor qualifications will be documented on the “Contractors Experience” sheet. The following items will be verified with references provided by the Contractor.

3.1. Ecological awareness. All personnel working for the Contractor on assigned project shall demonstrate an awareness of issues related to the restoration and protection of natural habitats, water quality, soils, non-target vegetation, sensitive areas, and wildlife.

3.2. Identification of areas, treatments, and target species. Contractor personnel shall be responsible for positive identification of assigned project boundaries, target species for treatment, non-target plant species to be excluded from treatment, knowing and applying the correct herbicide rate for the target species, and understanding of any areas to be excluded from treatment.

3.3. Equipment operation. Herbicide applicators shall be responsible for proper and efficient equipment operation and maintenance to control target species. Applicators shall be trained in the operation of spray equipment and demonstrate the ability to operate spray equipment to produce maximum foliar coverage to achieve control of target vegetation with minimal drift and minimal overspray. The inability of the Contractor to properly identify target and non-target species and to apply herbicide to control target species in an effective and safe manner will be grounds for termination of this contract.

4. Communication, Mapping, and Mobile Devices Contractor personnel shall be equipped with a mobile phone or device with an onboard or external GNSS (GPS capable).

4.1. Contractor personnel shall be able to:

• Send and receive voice, text, and images to and from the City.

• Access web-based maps produced by the City from the field.

• Geo-locate their position at the project site as well as the location of target areas and species identified for treatment in the web-based maps provide by the City.

4.2. Contractor personnel shall check in and check out with the City via mobile phone voice calls or text messages during each day that work is performed and be available to the City via mobile phone voice calls and text messaging while working on assigned projects.

5. Site Locations, Access and Staging Work may be scheduled on multiple sites. The work shall occur within natural areas and undeveloped park land throughout the Eugene Metropolitan Area. All site locations, access, and staging will be identified by the City in individual work orders (see Section 7). The City and Contractor shall discuss the boundaries, access, and staging areas of specific areas to be treated during pre-project field visits.

5.1. Site Locations. The City of Eugene’s Parks and Open Space Division owns and manages nearly 4,000 acres of natural areas. Sites may consist of wetland and upland prairie, riparian areas, waterways, or forested sites with level or hilly topography and

Rev 12/2022 HERBICIDE APPLICATION – RFQ # 2023200061 10 varying or uneven terrain. Primary locations for work under this contract include Coyote Prairie and Amazon Prairie but other locations may be identified. An online map to locate these sites can be found at this location: https://arcg.is/1PWra10.

5.2. Site Access and equipment staging. Vehicle access will be generally limited to designated staging areas, and the Contractor will use an ATV or UTV or other lightweight equipment to access field sites on routes predetermined by the City for application of herbicide solution to target areas via boom sprayers or hose and reel.

Contractor staging, equipment maintenance, herbicide mixing, and storage areas shall only occur in those areas designated as staging areas by the City. Equipment maintenance includes fueling, servicing, and other maintenance as needed to perform work under this contract. No fuel, motor oil, hydraulic fluid, grease, or any other petroleum or compounds associated with motorized equipment or herbicides shall be stored on-site and all equipment must be in good working order to prevent the leakage of these materials. These materials shall be transported to the site on an as-needed basis and contained on the bed of a truck or utility trailer when not in use.

6. Assignment of Work To assign work to the Contractor, the City shall issue written work orders describing the work to be performed including site location, site restrictions or limitations, and a description of the areas, target species to be treated, and a timeline for completion. Contractor will be required to communicate effectively with the City on control methods and timing of work to be carried out.

6.1. Delivery and acceptance of the Work Order. The work order shall be emailed by the City in advance. After receiving and reviewing the work order the Contractor shall respond to the City’s Project Manager within two business days indicating Contractor’s availability to carry out the work within the requested timeline.

6.2. Approval to proceed required. Upon receiving verbal or written approval to proceed from the City, the contractor may mobilize and proceed with the work as described in the work order.

6.3. Not-to-Exceed amount. Work orders shall include a not-to-exceed amount stated either as a total number of hours or a total payment for that work order. The Contractor shall not exceed that amount without authorization by the Project Manager.

7. Project Requirements, Labor, Equipment, and Deliverables Herbicide treatments shall be applied under the appropriate provisions of the Oregon Department of Agriculture’s (ODA) pesticide applicators license requirements and in accordance with product labeling. The Contractor will be responsible for providing all equipment in good working order, personal protective equipment consistent with product labeling, herbicides and adjuvants, and other materials and supplies required to complete the work.

7.1. Mechanical application. Mechanical application shall occur via lightweight all terrain equipment or off-road utility vehicle (ATV or UTV) with suitable low-pressure tires using hose and applicator wand (spray gun) and a boom with application width of 20 feet minimum. Equipment shall be equipped with a tank or pull tank and Contractor will provide adequate water to deliver herbicide solution to areas up to 50 acres in size.

Multiple areas of treatment using different herbicide solutions on one site may be required.

https://arcg.is/1PWra10

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7.2. Herbicides. Examples of herbicides to be used may include, but are not limited to, glyphosate (Aquamaster or approved equivalent) for non-selective weed control, triclopyr (Vastlan or equivalent) or aminopyralid (Milestone or equivalent) for control of broadleaf and woody species, and clethodim (Select Max) for selective control of grass species. All herbicides used under this contract must be listed in the City’s IPM Policy and Operations Manual referenced in Section 2.

7.3. Surfactant. Herbicide applications shall normally be applied using Agri-dex oil concentrate as a surfactant or a substitute approved in advance by the City.

7.4. Indicator dye. A water-soluble indicator dye shall be supplied by the Contractor and mixed and applied with the herbicide solution during all directed spray applications to assist applicators with seeing which plants have been treated within a given area and to enable quality control of the application.

7.5. Target Species. Typical target species for broadcast applications may include rat-tail fescue, annual ryegrass, tall fescue, creeping bentgrass, Kentucky bluegrass, multiple or combined species of broadleaf weeds, and mowed blackberry, reed canarygrass, Canada thistle, or others. Target species for directed spray applications may include patches of reed canarygrass, thistles, or other woody or broadleaf species.

7.6. Timing and Frequency. Contractor may be required to apply herbicide throughout the year and growing season, with the bulk of work typically occurring spring through summer. The timing of herbicide applications shall be determined based on an assessment of target species, field conditions, plant biology, level of threat, funding, or other priorities as assessed by the City.

7.7. Environmental Protection. Contractor operations shall be conducted as to minimize damage to natural resources including trees, shrubs, and herbaceous plants that are not part of the work order.

7.8. Protection for soils, vegetation, and sensitive plant populations. Contractor personnel shall exercise care to minimize damage (including damage from equipment operations, herbicide applications, trampling and removal) to desirable vegetation and soils, and Contractor’s equipment shall be operated to minimize soil disturbance to prevent compaction or erosion and/or the spread of weeds on the sites. Known populations of sensitive plant species or other areas of avoidance may be identified by the City.

7.9. Site damage or impacts. Contractor shall be responsible for impacts resulting from misapplication of herbicide or other impacts due to equipment operation that may require mitigation such as clean up, re-grading, reseeding, or replanting.

7.10. Fire Precautions. The City applies Oregon Forest Law (ORS) and Oregon Administrative Rules (OAR) regarding fire precautions on City lands rather than develop similar rules applicable only to City lands. In some cases, the City may choose to enact fire restrictions or undertake preventative measures to reduce the risk of wildfires which supersede the guidelines of the local fire district. Fire restrictions may result in limited hours of equipment operation or complete restrictions on or access to work sites including the use of gasoline powered equipment or vehicles. Contractor is required to adhere to all restrictions set forth by the City based on restrictions established by Oregon Department of Forestry on all project sites during periods of Closed Fire Season, and the Contractor shall comply with all applicable State laws relating to fire prevention in addition to any special conditions of work as directed by the City. Contractor is required to check with local fire districts and furnish any equipment required by those

Rev 12/2022 HERBICIDE APPLICATION – RFQ # 2023200061 12 districts to carry out work on project sites. Smoking or flaming materials are not allowed on project sites or nearby areas with significant fuel loads at any time. City of Eugene Park Rules prohibit the use of smoking devices and electronic smoking devices in all City of Eugene Parks and Open Space lands.

7.11. Reporting. The Contractor shall report to the City the following information related to herbicide applications daily:

• The date of application(s)

• The time of application(s)

• The site(s) where application(s) occurred

• A description of the area(s) where application occurred

• The size of the area(s) treated (acres)

• Species that were treated

• Herbicide(s) and adjuvant(s) applied

• Percent solution or acre rate of herbicides applied

• Total volume of herbicide product(s) used

• Total volume(s) of herbicide solution(s) applied

8. Inspection, Assessment, Performance, and Payment

8.1. Inspection of Equipment. The City may inspect the Contractor’s equipment used to carry out work under this contract. Equipment not meeting the requirements of the specifications may be rejected by the City.

8.2. Assessment of Work. Assessment of work underway or completed work will occur by the City to assess satisfactory application of herbicides and control of target species. Assessment of completed work shall be conducted by the City within one (1) week following completion of the Contractor’s work. Acceptance of the work by the City shall be based on proper implementation of work described in work orders and satisfactory control of target species.

8.3. Misapplication. Contractor may be required to reseed or replant vegetation at Contractor’s expense if desired vegetation is impacted due to herbicide is application to non-target vegetation or outside of target areas

8.4. Performance. If any of the services performed by the Contractor do not satisfactorily conform to the work order and/or the contract requirements detailed herein, the City may require the Contractor to perform the services again in conformity with contract requirements at the Contractor’s expense. When the defects in services cannot be corrected by re-performance, the City may (1) require the Contractor to take necessary action to ensure that future performance conforms to the contract requirements, and (2) reduce the contract price to reflect the reduced value of the services performed.

8.5. Basis for Payment. The Contractor shall provide a record of the actual number of hours worked or areas treated to perform services under this contract weekly. No payment will be made for non-work hours due to lunch break (including travel to location of lunch break), maintenance, or transportation to or from the work site.

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9. Invoicing Contractor shall submit invoices that itemize the hours of labor for directed spray applications and acres treated for broadcast applications including supply costs for the work being billed. Supply costs for herbicide, surfactants, dye, or other materials shall be billed at a rate not higher than Contractor’s cost.

9.1. Components. Key components of the invoice must include the following:

• Number of the associated work order

• Purchase order number provided by the City

• City contract number

• Name of site(s) where work occurred

• Date(s) of application.

• Activity or Task identified (method of application)

• Supplies, including herbicide, surfactant, etc. to include unit quantities and rates applied.

• Price per units being billed for supplies.

• Units of work completed (hours or acres).

• Any specific reference codes identified on the work order required by the City for tracking expenses (i.e., grant-funded work).

9.2. Billing. Contractor must submit invoices via email to the contract manager as well as

AP@eugene-or.gov. One payment shall be made for each issued work order.

10. Submittal Requirements

Contractor shall submit the following with this bid:

• Signed Standard Quote Form

• Completed Contractor’s Information Form

• Completed Contractors Experience Form

• Completed Contractor’s Equipment List

• Schedule of rates.

The required submittal forms listed above are included below.

Requirement Initials

Signed Standard Quote Form

Completed Contractor’s Information Form

Completed Contractor’s Experience Form

Completed Contractor’s Equipment List

Schedule of Rates mailto:AP@eugene-or.gov

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V. FORMS TO BE SUBMITTED WITH QUOTE

CITY OF EUGENE

STANDARD QUOTE FORM

Solicitation No. RFQ 2023200061

I, the undersigned, and authorized representative of certify the following: (Company Name)

Acknowledgement of terms, conditions, and specifications

1. The offeror represents that offeror is properly licensed and adequately experienced, equipped, organized, and financed to furnish and deliver the equipment specified and perform the services required.

2. The offeror has carefully checked the figures entered in the Form, has carefully reviewed for accuracy all statements in this quote and attachments, and agrees that the City will not be responsible for any errors or omissions of the offeror in preparing this quote. The offeror agrees that this quote may not be revoked or withdrawn for sixty (60) calendar days after the date on which bids are received.

3. Contract Execution; Performance Bond. The bidder agrees that if this quote is accepted it will, within ten (10) calendar days after having received the Award, execute, and return to the City the Contract in the form included in the Contract Documents and will, at or before that time, deliver the Performance Bond and insurance documentation as required and as applicable.

4. Addenda. The offeror acknowledges that it has received the following Addenda No(s):

and agrees that all addenda issued are a part of the Contract Documents and have been considered in preparing this quote. (Offeror: insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws

Offer hereby agrees to comply with all applicable Oregon public contracting code provisions, as more specifically described in the attached contract and associated Exhibit A. Offeror attests that it complied with the applicable state and local tax laws including, but not limited to, ORS 305.385, ORS 305.620, ORS chapters 316, 317, and 318 for no fewer than six years into the past from signature and will continue to comply with the tax laws during the term of this contract.

____ initials.

Access to Plant or Place of Business

Offeror agrees that the City may enter a contractor’s or subcontractor’s plant or place of business during normal business hours for the following purposes: inspect and/or test supplies or services for acceptance by the City pursuant to the terms of the Contract and investigate the offeror’s minority business certification or other qualifications.

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Residency

Bidder is _____ is not _____ an Oregon Resident Bidder. An Oregon Resident Bidder, as defined by ORS 279A.120, means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, and has a business address in this state. If offeror is not an Oregon Resident Bidder, in the field provided indicate the bidder’s (Business) State of Residence. _____________________

Certification of Nondiscrimination

Offeror has not and will not discriminate against a subcontractor in the awarding of a subcontract because a subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225.

Noncollusion

The offeror certifies that the quote has been arrived at by the offeror, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, offeror, or vendor on materials, supplies, equipment, or services, described in the solicitation documents, designed to limit independent quotes or competition. The contents of the quote herein presented and made have not been communicated by the offeror or their employees or agents to any person not an employee or agent of the offeror or its surety on any bond furnished with the solicitation and will not be communicated to any such person prior the closing time of the solicitation.

We therefore offer the following equipment/service at the prices indicated hereon in fulfillment of the requirements and specifications contained within the solicitation documents and all addenda.

Completion/Delivery Date:

The offeror agrees, if awarded the contract, to complete assigned projects within the completion date specified on work orders issued by the City of Eugene or to notify the City of Eugene they are unavailable to complete the work within two business days following issuance of the work order.

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

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Company contact for this project (if different from above):

Name: Title:

Email:

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Contractor’s Information

Company Name:

Company Address:

Name of Authorized Agent: Title:

Mobile:

Email

Name of ODA/WA Pesticide Applicator:

ODA/WA Pesticide Applicator Number

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Contractor’s Experience

Provide references for previous work in this table. The Contractor shall have successfully completed at least three documented contractual jobs of $3,000 or more each, performing vegetation management services using herbicide in natural areas similar in scope to the work outlined in this bid document.

Company: Project Contact Name:

Address: City, State, Zip

Phone: Email:

Project name, cost, location, brief description of project, including examples of species treated, size of areas treated, description of equipment and herbicides used.

Date(s):

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Address: City, State, Zip

Phone: Email:

Project name, cost, location, brief description of project, including examples of species

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Address: City, State, Zip

Phone: Email:

Project name, cost, location, brief description of project, including examples of species

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Contractor’s Equipment List

Lightweight Equipment To Be Used

Make/Model/Description of Broadcast Equipment

Estimate of time required to treat 50 acres.

hours of Broadcast Equipment

Estimate of time required to treat 50 acres.

hours of Directed Spray Equipment

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Schedule of Rates

1) Broadcast Application Bid Price

Broadcast application of herbicide via lightweight equipment to areas up to 50 acres in size. Per Acre

2) Directed Spray Application Bid Price

Application of herbicide via lightweight equipment with hose, reel, and gun or wand. Per Hour

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VI. SAMPLE CONTRACT

CITY OF EUGENE TRADE SERVICES CONTRACT

Herbicide Application

BETWEEN: The City of Eugene, (City) an Oregon Municipal Corporation

AND: , (Contractor) a __________ organized and existing under the laws of the State of __________

CONTRACT NO.: ______

EXPIRATION DATE: _______

RECITALS

A. Contractor is engaged in the business of ______ and has obtained and currently holds all licenses, permits, certifications, bonds, or other authorization required by federal, state, and local laws or regulations to engage in such business.

B. City wishes to engage a Contractor to perform certain Services described in this Agreement and the Contractor has represented that it is qualified and willing to provide such Services on the terms and conditions set forth herein.

C. The Contract described herein was awarded under the exemption or procedure authorized by City of Eugene Administrative Order 44-23-01, Public Contracting Rules 2022, 137-047-0270, RFQ# 2023200061.

AGREEMENT

1. Incorporation of Exhibits; Definitions; Contractor’s Representations and Warranties.

1.1 Exhibits. The Contract between the parties (the “Contract”) includes and incorporates into this document (this “Agreement”) all of the following, which are listed in order of precedence:

1.1.1 Exhibit A. Exhibit A summarizes certain federal, state, and municipal laws that apply to government contracts. The provisions of Exhibit A are statements of law and may not be modified.

1.1.2 Other Exhibits. This Contract also includes and incorporates the following exhibits. The provisions of this Agreement will have priority over all conflicting provisions of the following exhibits.

Exhibit B: Statement of Work; Schedule of Services Exhibit C: Compensation Schedule Add other Exhibits as necessary

1.2 Definitions. With the exception of proper nouns, capitalized terms not otherwise defined herein shall have the following meanings.

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1.2.1 “Agreement” means this document, entitled Trade Services Contract and ending with the signatures of all parties.

1.2.2 “Contract” means the written statement of the parties’ mutual and respective agreements, promises, undertakings, and rights as set forth in this Agreement and all incorporated exhibits.

1.2.3 “Services” means all of the products and Services to be provided by Contractor under the Contract, as described in Exhibit B.

1.3 Contractor’s Representations and Warranties. Contractor makes the following representations and warranties to City:

1.3.1 Contractor and Contractor’s personnel are, and will at all times hereunder, hold all licenses, permits, certifications, bonds, or other authorization required by federal, state, and local laws or regulations to perform the Services.

1.3.2 As of the date of execution hereof, there are no claims, or suits, or proceedings, or threats thereof, seeking to enjoin the execution of the Contract by Contractor or the effect of which could prevent Contractor from performing or having the authority to perform the Services.

1.3.3 Neither the execution of the Contract nor the performance of the Services will constitute a breach or violation of any other contract, agreement, or law by which Contractor is bound or to which Contractor or any of its personnel who will perform the Services are subject.

2. Services.

2.1 Term. Contractor shall begin to provide the Services on _____ or, if later, as soon as this Agreement has been executed by all parties (the "Commencement Date"). The term of the Contract shall be for _____, unless earlier terminated in accordance with paragraph 14 (the “Term”). Contract may be renewed for additional terms upon mutual written agreement of the Parties.

2.2 Security. If the Services will be performed on City property, Contractor will comply with all of City’s security policies and procedures.

3. Compensation. Subject to City’s right of offset for breach, Contractor will bill City for the

Services by submitting invoices that conform to the requirements of Exhibit C. Payment shall be made not later than 30 days after City's receipt of an invoice from Contractor summarizing the Services performed. If the Contract commences or terminates on a date which is not the first or last day of a month, the maximum fee for that month shall be prorated, based on the number of days in the month. Notwithstanding the foregoing, City will have the right to withhold payment for any item which City disputes in good faith, provided that City pays for all non-disputed items and takes commercially reasonable action to resolve the dispute.

4. City's Obligations. City shall provide the materials, equipment, supplies, or other items described below, if any, for use in Contractor’s performance of the Services: NONE

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5. Performance of Services. Contractor shall perform the Services with a high degree of professionalism consistent with industry standards, and shall at all times during the term of the Contract strictly comply with the following requirements:

5.1 Supervision. Contractor shall appoint, subject to City's approval, a full-time qualified supervisor of Contractor's performance who shall have full authority to act for and on behalf of Contractor. The supervisor shall be available during regular business hours.

At all times during the supervisor's absence, a designated subordinate shall be in charge and available at the location of performance of the Services.

5.2 Personnel. Contractor acknowledges the high degree of importance City places on the behavior, appearance, and service performed by Contractor and its personnel.

Contractor's personnel shall at all times be neat, clean, and courteous, and Contractor shall not permit its employees or agents to conduct themselves in a loud, noisy, boisterous, offensive, or objectionable manner. Upon objection from City concerning the conduct, demeanor, or appearance of any of Contractor's employees or agents, Contractor shall forthwith take all steps necessary to remove the cause of the objection. Upon the employee's or agent's failure to immediately and properly correct his or her conduct, Contractor shall promptly cause his or her job assignment to be terminated.

5.3 Hours of Performance; Staffing. Contractor shall provide the Services according to the schedule on the attached Exhibit B and provide sufficient personnel to perform the Services in the manner required by the Contract.

6. Contractor's Obligations. In addition to performance of the Services, Contractor shall, at its own expense, repair or have repaired all damages to City-owned property, real or personal, resulting from the negligence, abuse, misuse, or willful misconduct of Contractor or its employees or agents. If City-owned equipment is, in City's opinion, damaged beyond repair, Contractor shall replace such equipment at its own expense with equipment of a quality equal to or better than the damaged equipment.

7. Force Majeure. Neither City nor Contractor are responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by public health emergency, fire, riot, acts of God, terrorism, war, or any other cause which is beyond the breaching party’s reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate the cause of Contractor’s delay or breach and shall, upon the cessation of the cause, continue performing under this Contract.