20242019_A1_Sodium_Bisulfite.pdf

Invitation to Bid

Sodium Bisulfite Price Agreement

Solicitation No. ITB 20242019

Due Date and Time:

Thursday, October 26, 2023 at 2:30 PM

CITY OF EUGENE

Wastewater Division Purchasing

410 River Avenue

Eugene, Oregon 97404 dpalmer@ci.eugene.or.us mailto:dpalmer@ci.eugene.or.us

I. INVITATION TO BID

INVITATION TO BID

Solicitation No. ITB 20242019 Notice to Suppliers Pursuant to ORS 279B.055 and City of Eugene Administrative Order 44-23-01-F, Public Contracting Rule (City Rule) 137-047-0255, sealed bids for Sodium Bisulfite Price Agreement for the City of Eugene will be accepted by the Purchasing Office until Thursday, October 26, 2023, at 2:30 PM. Bids will be opened immediately thereafter and publicly read aloud in a Microsoft Teams meeting. Click here to join the meeting Bids will not be accepted after the bid closing time and date. Bids shall be valid for 60 days after opening unless otherwise specified in the bid specifications. This Invitation to Bid (ITB) does not commit the City to pay any costs incurred by any bidder in the submission of a bid.

Project Description In general, work includes provision of Sodium Bisulfite for the City’s Wastewater Division. The City intends to establish a five-year price agreement as a result of this solicitation. Anticipated start date for agreement is December 1, 2023

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 emailing the Purchasing Analyst shown below.

Bidders must submit their bids through OregonBuys before the due date and time specified.

Bidders who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046. Contact the Purchasing Analyst below if a bid cannot be submitted via OregonBuys.

Single Point of Contact City of Eugene Purchasing is the issuing office. Address all concerns or questions regarding this solicitation to the Purchasing Analyst identified below.

Dated: October 2, 2023

Dori Palmer Purchasing Analyst City of Eugene dpalmer@eugene-or.gov

ITB 20242019 Sodium Bisulfite Price Agreement 1 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFiZmY2ODktNmM0ZC00OTgxLThhMTctODdlNDQ0N2I2Zjhi%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%229e70d410-a452-44f4-91cf-3ea44c999ea9%22%7d https://oregonbuys.gov/bso/ https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov mailto:dpalmer@eugene-or.gov

II. INSTRUCTIONS TO BIDDERS

1.0 BID FORM

1.1 Bids shall be submitted on forms identical to those forms provided by the City. The bidder shall make no alterations or additional stipulations on the bid form nor qualify the bid in any other manner. Alteration of any part of the bid form content will cause the bid to be considered non-responsive.

1.2 All available fields on the bid form shall be filled in electronically, by typewriter or manually, in ink. Mistakes must be crossed out and corrections typed or written in ink and initialed by the party signing the bid. No erasures are permitted. The omission of any required information or forms may invalidate a bid.

1.3 Complete sets of bid documents shall be used in preparing bids.

2.0 SUBMISSION

2.1 Bidders must submit their bids through OregonBuys before the due date and time specified. Bidders who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046.

2.2 Bidder is responsible for submitting their bid prior to the closing time and date. Late bids will not be accepted. The City is not responsible for any delays caused by delivery methods including, but not limited to, computer/email/software issues of any sort.

2.3 Oral, telephonic, telegraphic, or faxed bids are invalid and will not be considered.

Emailed bids may be considered if pre-approved by the Purchasing Analyst.

3.0 SOLICITATION 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 ten (10) 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 bid other than specified must be determined by the Purchasing Analyst as an approved equal. Submit to the Purchasing Analyst their intent to bid an approved equal no later than five (5) calendar days prior to the bid 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 bidders shall be notified of such approval by addenda prior to the bid opening.

ITB 20242019 Sodium Bisulfite Price Agreement 2 https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov

5.0 SOLICITATION PROTESTS

If a prospective bidder believes that the procurement process is contrary to law or that this solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name, the prospective bidder may file a protest with the City. Protests must be submitted in writing to the City’s Purchasing Manager, no less than ten (10) days prior to solicitation closing. The protest must be emailed to Eugene.Purchasing@ci.eugene.or.us, clearly identified as a protest and identifying the solicitation being protested. Faxed protests shall not be accepted.

The Purchasing Manager shall consider the protest if it is timely filed in accordance with City Rule 137-047-0730 and contains the following information: 1) sufficient information to identify the solicitation that is the subject of the protest; 2) the grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name; 3) evidence or supporting documentation that supports the grounds on which the protest is based; and 4) the relief sought. The Purchasing Manager shall issue a decision on the protest no fewer than three

(3) business days before the solicitation closing, unless a written determination is made by the Purchasing Manager that the public interest requires a shorter time limit.

6.0 ADDENDA AND INTERPRETATIONS

6.1 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. Bidders 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).

6.2 Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued in accordance with City Rule 137-047- 0430 shall be binding upon the proposer.

7.0 WITHDRAWAL

Bids may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for bid closing or as otherwise authorized by City Rule 137-047-0440.

8.0 NONDISCRIMINATION

Submittal of a bid in response to this ITB evidences bidder’s agreement that, in performing the work called for by this ITB and in securing and supplying materials, bidder has not and will not discriminate against: 1) any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, physical or mental handicap, national origin or ancestry unless the reasonable demands of employment are such that they cannot be met by a person with a particular physical or mental handicap; and 2) a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned or controlled by, or that employs a disable veteran as defined in ORS 408.225.

9.0 PREPARATION OF BIDS

Bidders are expected to examine the specifications, schedules and all instructions. The City is not liable for costs associated of preparation of bids in response to this ITB.

ITB 20242019 Sodium Bisulfite Price Agreement 3 mailto:Eugene.Purchasing@ci.eugene.or.us https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

10. SILENCE OF SPECIFICATIONS

10.1 The apparent silence of the specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

10.2 It is intended that the Contractor in the selection of components will use material and design practices that are the best available in the industry for the type of operating conditions to which the item(s) will be subjected and at the least meets the minimum standards of performance as specified in this Request. All parts, equipment and accessories shall, at the least, conform in strength, quality of material and workmanship to recognized industry standards and the minimum requirements of this Request.

11 EMPLOYEES NOT TO BENEFIT

No employee or elected official of the City of Eugene shall be permitted to receive any share or part of this contract or any benefit that may arise therefrom.

12 CITY FURNISHED PROPERTY

No material, labor or facilities will be furnished by City unless otherwise provided for in this

ITB.

13 INTERGOVERNMENTAL COOPERATIVE PURCHASING STATEMENT

The City grants to any Oregon public governmental agencies authorization to establish contracts or price agreements under the terms, conditions and prices of any contract between the awardee and the City resulting from this ITB.

14 RESERVED RIGHTS

The City reserves the right:

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

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

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

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

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

F. In the event that two or more bids 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 bidder or bidders to whom a contract is awarded shall default in executing said formal contract or in furnishing a satisfactory performance bond within the time and manner herein after specified, to re-award the contract to another bidder or bidders.

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

I. To negotiate additions or deletions to goods and services requested.

ITB 20242019 Sodium Bisulfite Price Agreement 4

15 RECYCLABLE PRODUCTS

Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document, provided said recycled materials meet all applicable standards. Preference for such recycled materials shall be given pursuant to City Rule 137-046-0320.

19. CONSIDERATION OF BIDS

16.1 Bids will be opened publicly by the Purchasing Office at the due date and time indicated in the ITB or any extension thereof made by addendum. Bidders and other interested parties are invited to attend the bid opening; however, the identity of the successful bidder will not be determined at the bid opening time.

16.2 It is the intent of the City to award a contract to the lowest responsible bidder provided the bid has been submitted in accordance with the requirements of these bidding documents and does not exceed the funds available. Consistent with the provisions of the bid documents, award may be made by item, groups of items, or the entire bid upon the City’s determination that it is in the public interest to do so.

16.3 In determining the lowest responsible bid, the City shall, for the purpose of awarding the contract, add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. The City shall rely on the Oregon Department of Administrative Services’ published list of states, which gives preference to in-state bidders to determine the percent increase to be added.

16.4 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 these criteria, and may contain applicable standard contract provisions as required by law.

16.5 The City shall provide written notice by email, regular mail, or facsimile of the City’s intent to award the contract. Award shall not be final until the later of the following:

a. Seven (7) calendar days after the date of the Notice of Intent to Award; or

b. City provides a written response to all timely filed protests, if any, that denies the protest and affirms the award.

Bidders may protest the notice of intent to award the contract in accordance with City

Rule 137-047-0740.

17 CONTRACT AWARD

Submittal of a bid evidences bidder’s intent to execute and be bound by the terms of the attached contract. Negotiation will be conducted only as allowed by City Rule 137-047- 0600. After award of the contract, City and Contractor may only modify the contract in accordance with City Rule 137-047-0800.

18 MATERIAL PURCHASES

18.1 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 bidder. All prices bid must be F.O.B. Destination, Freight Prepaid and Allowed, delivered and unloaded at delivery address listed.

ITB 20242019 Sodium Bisulfite Price Agreement 5

18.2 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.

19 PUBLIC RECORDS

19.1 This ITB and one copy of each original bid 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 a file or record which shall be open to public inspection. If a bid 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 bid may depend upon official or judicial determinations made pursuant to the Public Records Law.

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

ITB 20242019 Sodium Bisulfite Price Agreement 6

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.

1.0 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 bidder 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. Bidder 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 bidder 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.

2.0 IDLING REDUCTION

2.1 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:

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

b. 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.)

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

ITB 20242019 Sodium Bisulfite Price Agreement 7 http://www.eugene-or.gov/sustainpurch

3.0 ENVIRONMENTALLY PREFERRED PRODUCTS

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.

3.1 The awarded bidder 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:

• Energy Efficient

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

• Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or

• Are certified by an independent accredited third party program such as

EcoLogo or ENERGY STAR.

3.2 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.

4.0 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/SearchCertifiedDirectory.asp?XI D=2315&TN=oregon4bizto find certified businesses from whom to procure products or services.

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

ITB 20242019 Sodium Bisulfite Price Agreement 8 https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz https://ofp.dasapp.oregon.gov/

IV. ANTICIPATED BIDDING SCHEDULE

The following is the anticipated schedule for submission and review of bids and award of the desired contract. This schedule is subject to change by the City in its sole discretion. Any change to the bid submittal deadline will be done by an addendum to this ITB.

ACTIVITY DATE

Invitation to Bid advertise......................................................................... October 1, 2023

Last date for solicitation protest ............................................................. October 16, 2023

Deadline for issuing addenda to ITB ...................................................... October 23, 2023

Bid Closing & Public Opening of bids ............................ October 26, 2023, at 2:30 PM

Notice of Intent to Award ................................................................. by November 1, 2023

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V. REQUIREMENTS / SPECIFICATIONS

1. Sodium Bisulfite (Chemical) will be a minimum grade 37 at delivery.

2. A product certificate of analysis will be provided with bid documentation.

3. The Chemical will be delivered to: City of Eugene

410 River Avenue Eugene, OR 97404

4. Vendor guarantees ample product availability to meet delivery demands as outlined below.

5. Product deliveries are to be made within 9 working days from the day of order placement.

6. Product must be in liquid form. Solid or frozen loads will not be accepted.

Shipper should know the freezing point of sodium bisulfite for winter deliveries and choose routes accordingly.

7. All delivery trucks must have the ability to connect into the bulk tanks equipped with a 3” male camlock connection.

8. Pricing to be submitted on the Standard Bid Form included in Section VI.

9. A Certificate of Insurance showing bidder’s current coverages to be submitted with Standard Bid Form.

10. The City of Eugene will provide personnel to direct the unloading of the bulk chemicals at time of delivery.

Sodium Bisulfite Estimated Annual Usage

30,000 gallons

Delivery Volume T/L

Estimated Monthly Usage Fluctuates Seasonally

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VI. FORMS TO SUBMIT WITH BID

STANDARD BID FORM

Solicitation No. ITB 20242019

Opening Date: October 26, 2023, at 2:30 PM

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

Acknowledgement of terms, conditions and specifications

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

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

3. Contract Execution. The bidder agrees that if this bid is accepted it will, within ten (10) calendar days after having received the Notice of 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 insurance documentation as required.

4. Addenda. The bidder 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 bid. (Bidder: insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws Bidder hereby agrees to comply with all applicable Oregon public contracting code provisions, as more specifically described in the attached contract and associated Exhibit A.

Access to Plant or Place of Business Bidder 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 bidder’s minority business certification or other bidder qualifications.

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.

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If bidder is not an Oregon Resident Bidder, in the field provided indicate the bidder’s (Business)

State of Residence. _____________________

Cooperative Purchasing The bidder _____agrees _____disagrees to extend the terms, conditions and prices of the original City of Eugene contract to any other governmental agency. Pursuant to ORS 279A.215, other governmental agencies may establish contracts or price agreements under the terms, conditions and prices of the original contract. Agency/agencies shall have the power and authority to contract directly with the successful vendor(s).

Certification of Nondiscrimination Bidder 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 bidder certifies that the bid has been arrived at by the bidder, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, bidder, or vendor on materials, supplies, equipment or services, described in the solicitation documents, designed to limit independent bids or competition. The contents of the bid herein presented and made have not been communicated by the bidder or their employees or agents to any person not an employee or agent of the bidder 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.

Sodium Bisulfite

Delivery Amount Estimated Annual Usage (GL) Price (GL) Extended Price

T/L (5,000 GL) 30,000 $ $

Completion/Delivery Date:

The bidder agrees, if awarded the contract or a direct purchase, to fully complete the work or deliver the equipment within ______ days after receipt of purchase order or notice to proceed is received from the City of Eugene.

Bid Submitted By:

Company: Date:

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Signature: Title:

Name (Print): Phone:

Address: Email:

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

Name: Title:

Phone: Email:

ITB 20242019 Sodium Bisulfite Price Agreement 13

Purchasing

City of Eugene 410 River Avenue Eugene, Oregon 97404 541-682-8643

PRICE AGREEMENT

#XXXX-XXXX

Commodity: Sodium Bisulfite ITB: 20242019

Contractor: Date Issued:

Contract Period:

From:

Contact: To:

Phone:

Email:

FOB: Eugene Delivered Payment Terms: Net 30 Days

1. Term. The length of this Contract is expected to be for five years effective upon issuance of this price agreement.

2. Cancellation. The Contract may be cancelled prior to the specified termination date by the City upon presentation of 30 days written notice.

3. Invoicing. All invoices must be emailed to AP@ci.eugene.or.us and must include the associated

Purchase Order number. The invoice is due and payable within thirty (30) calendar days from the invoice date.

4. Ordering. This price agreement is issued as acceptance of the quote submitted by (TBD) in accordance with ITB 20242019which is hereby incorporated into this price agreement. Orders will be issued as sodium bisulfite is required.

5. Price List. TBD’s response to ITB 20242019 Sodium Bisulfite Price Agreement is attached to and incorporated as part of this price agreement. Price adjustments may be submitted on a yearly basis after the initial year the agreement is in effect. Contractor must provide adequate documentation to substantiate any request for price increase. Price increases must be approved by City prior to taking effect.

6. Warranty. All products supplied will have a manufacturer or Contractor warranty.

7. Delivery. Delivery of parts, materials, supplies, and core pickup will occur as stated in TBD’s response to ITB 20242019. All product will be delivered FOB Destination, Prepaid and Allowed to City of Eugene, 410 River Avenue, Eugene, OR 97404

8. 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

ITB 20242019 Sodium Bisulfite Price Agreement 14 mailto:AP@ci.eugene.or.us the cause, continue performing under this contract. City may terminate this Contract upon written notice to Contractor after City reasonably determines that the delay or breach will likely prevent successful performance of the Contract.

9. Indemnification. Contractor shall indemnify and hold City, and its officers, agents, and employees harmless from and against all claims, actions, liabilities, costs including attorney fees, and other costs of defense, arising out of the acts, errors, or omissions, whether alleged or actual, of Contractor, its subcontractors, agents, and employees in performing or failing to perform the Services, failing to strictly comply with any provision of the Contract or any other actions or failures to act by Contractor and Contractor’s employees, agents, and subcontractors. In the event any such action or claim is brought against City, Contractor shall, if City so elects and upon tender by City, defend the same at Contractor’s sole cost and expense, promptly satisfy any judgment adverse to City. or to City and Contractor jointly, and reimburse City for any loss, cost, damage, or expense including attorney fees, suffered or incurred by City. City shall notify Contractor, within a reasonable time, of any claim, threat of claim, or legal action.

10. Insurance. Contractor shall have and maintain the insurance policies specified below. Each policy of insurance shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the services. The adequacy of all insurance policies for compliance with this Section 10 shall be subject to approval by City’s Risk Manager. Failure to maintain any insurance coverage required by the Contract shall be cause for immediate termination of the Contract by City.

Unless otherwise specified, each policy shall be written on an “occurrence” form with an admitted insurance carrier licensed to do business in the state of Oregon; and shall contain an endorsement entitling City to not less than 30 days prior written notice of any cancellation. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require that Contractor increase the coverage limits of all liability policies by the amount of the increase in the statutory limit.

10.1 Commercial General LiabilityContractor shall maintain a broad form commercial general liability insurance policy with coverage of not less than $2,000,000 combined single limit per occurrence, with an annual aggregate of $3,000,000 for bodily injury, personal injury or property damage. Such policy shall have a contractual liability endorsement to cover Contractor’s indemnification obligations under the Contract. The policy shall also contain an endorsement naming City as an additional insured, in a form satisfactory to City, and expressly providing that the interest of City shall not be affected by Contractor’s breach of policy provisions.

10.2 Automobile LiabilityContractor shall maintain an automobile liability insurance policy reflecting limits of not less than $2,000,000 combined single limit per occurrence for bodily injury, personal injury or property damage. The coverage shall include both hired and non-owned auto liability. The policy shall also contain an endorsement naming City as an additional insured, in a form satisfactory to City, and expressly providing that the interest of City shall not be affected by Contractor's breach of policy provisions.

Coverage shall include both hired and non-owned auto liability.

10.3 Workers’ Compensation InsuranceContractor shall comply with the Oregon Workers'

Compensation law by qualifying as a carrier-insured employer or as a self-insured employer and shall strictly comply with all other applicable provisions of such law.

Contractor shall provide City with such further assurances as City may require from time to time that Contractor is in compliance with these Workers' Compensation coverage

ITB 20242019 Sodium Bisulfite Price Agreement 15 requirements and the Workers' Compensation law. Contractor is a subject employer that will comply with ORS 656.017.

11. Exhibits. All exhibits listed below and not specifically mentioned elsewhere are incorporated as part of this agreement by reference herein.

12. Standard Contract Conditions, The City of Eugene's Standard Contract Provisions are attached to this price agreement as Exhibit A and are incorporated as part of this agreement.

13.Other Agency Use. Pursuant to ORS 279A.215, other governmental agencies may establish contracts or price agreements under the terms, conditions and prices of the original contract.

Agency/agencies shall have the power and authority to contract directly with the successful vendor(s).

Sarah Medary Contractor City Manager Title City of Eugene Business Name

Attachments: Exhibit A - City of Eugene Standard Contract Provisions Exhibit B – Solicitation ITB 20242019 Exhibit C - Contractor’s Response to Solicitation Exhibit D – Current Price List

ITB 20242019 Sodium Bisulfite Price Agreement 16

EXHIBIT A

CITY OF EUGENE - STANDARD CONTRACT PROVISIONS

Contracts Subject to ORS Chapter 279B

Goods and Services including Personal Services OTHER THAN Architects, Engineers, Land Surveyors on Public Improvements

The following provisions, if applicable, are hereby included in and made a part of the attached contract between the City of Eugene and the Contractor named thereon as provided for in the Eugene Code, 1971, the Eugene Public Contracting Rules, the revised statutes of the State of Oregon, and Federal laws, rules, regulations, and guidelines. The Contractor AND EVERY SUBCONTRACTOR shall include these provisions in every subcontract SO THAT THESE PROVISIONS WILL APPLY TO, AND BE BINDING ON EVERY SUBCONTRACTOR.

Failure to comply with any of the applicable provisions below shall be a material breach of the contract and may result in debarment of the Contractor or subcontractor from City contracts for up to three (3) years.

1. Fair Employment Practice Provisions (Eugene Code, 1971, Section 4.625 and Eugene Public Contracting Rule 137-046-0500(1))

1.1 Non-Discrimination Requirements. During the performance of this contract, the Contractor and each subcontractor agrees to comply with sections 4.613 to 4.655 of the Eugene Code, 1971, and as follows:

(a) The Contractor and each subcontractor will not discriminate against any employee or applicant for employment because of an individual’s race, religion, color, sex, national origin, marital status, familial status, age, sexual orientation or source of income, a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, or because an individual is a person with a disability which, with reasonable accommodation by the employer does not prevent the performance of the work involved, unless based upon a bona fide occupational qualification reasonably necessary to the normal operation of the employer’s business.

(b) The Contractor and all subcontractors employing 15 or more individuals will develop and implement an affirmative action plan to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, age or national origin. Such plan shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

(c) The Contractor and each subcontractor will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Human Rights Commission setting forth the provisions of this nondiscrimination clause.

1.2 Reporting. The Contractor and each subcontractor will, prior to commencement and during the term of the contract, provide to the City such documentation, and permit any inspection of records as may be required or authorized by rules adopted by the city manager to determine compliance with subsection 1.1 above.

1.3 Violations. If upon an investigation conducted pursuant to rules adopted by the city manager in accordance with section 2.019 of the Eugene Code, 1971 there is reasonable cause to believe that the Contractor or any subcontractors of the Contractor have failed to comply with any of the terms of subsections 1.1 or 1.2, a determination thereof shall be made by the city manager. Such determination may result in the suspension, cancellation or termination of the principal contract in whole or in part and/or the withholding of any funds due or to become due to the Contractor, pending compliance by the Contractor and/or its subcontractors, with the terms of subsections 1.1 and 1.2. Such determination may further result in debarment of the Contractor in accordance with the adopted rules.

1.4 Failure to Comply. Failure to comply with any terms of subsections 1.1 and 1.2 above shall be a material breach of the contract.

1.5 Inclusion of Fair Employment Practices Provisions in Contracts with Subcontractors. The contractor shall include the provisions of subsections 1.1 through 1.4 above in contracts with subcontractors so that the provisions will be binding upon each subcontractor.

1.6 Contractor Defined. As used in this section 1, "contractor" means all persons, wherever situated, but excluding local, state or federal units of government or their officials, from whom the City purchases Goods and/or Services costing $2,500 or more in any fiscal year.

2. ORS 279A.120 Nonresident Contractors.

2.1 As used in this section, “nonresident contractor” means a contractor that: (A) has not paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract, (B) does not have a business address in this state and (C) stated in the bid for the contract that it was not a “resident bidder” under

ORS 279A.120.

2.2 If the Contractor is a nonresident contractor and the contract price exceeds $10,000, the Contractor shall promptly report to the

Department of Revenue on forms to be provided by the Department of Revenue the total contract price, terms of payment, length of contract and such other information as the Department of Revenue may require before the Contractor may receive final payment on the public contract. The City may not award a Public Improvement Contract or a Public Works Contract to a

ITB 20242019 Sodium Bisulfite Price Agreement 17 nonresident bidder that is an educational service district. The City shall satisfy itself that the requirement of this subsection has been complied with before the City issues a final payment on a public contract.

3. ORS 279B.220 and Eugene Rule 137-046-0500(2) Conditions concerning payment, contributions, liens, withholding. The

Contractor shall:

(a) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract.

(b) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract.

(c) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.

(d) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.

4. ORS 279B.225 Condition concerning salvaging, recycling, composting or mulching yard waste material. If the contract will include lawn and landscape maintenance the Contractor shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective.

5. ORS 279B.230 and Eugene Rule 137-046-0500(3) Condition concerning payment for medical care and providing workers’ compensation.

5.1 Medical Care. The Contractor shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.

5.2 Workers Compensation. All subject employers working under the contract are either employers that will comply with ORS

656.017 or employers that are exempt under ORS 656.126.

6. ORS 279B.235 and Eugene Rule 137-046-0500(4) Condition concerning hours of labor. The contractor shall pay employees for overtime work performed under the public contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

6.1 Personal Services Contracts. In the case of Personal Services Contracts, the employee shall be paid at least time and a half for all overtime worked in excess of forty (40) hours in any one (1) week, except for individuals under Personal Services Contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 et seq. from receiving overtime.

6.2 Contracts for Services. In the case of contracts for services, persons employed under the contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement, in ORS 279B.020(1)(b)(B) to (G), or in ORS 279C.540 (1)(b)(B) to (G) and for all time worked in excess of ten (10) hours in any one (1) day or in excess of forty (40) hours in any one (1) week, whichever is greater.

7. ORS 279B.240 Exclusion of recycled oils prohibited. Lubricating oil and industrial oil may include recycled oils or oils that are not manufactured from virgin materials.

8. ORS 279A.110 Discrimination in subcontracting prohibited; remedies.

8.1 The Contractor may not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055.

8.2 By entering into the contract, the Contractor certifies that it has not discriminated and will not discriminate, in violation of subsection 8.1, against any minority, women or emerging small business enterprise in obtaining any required subcontract.

9. Eugene Rule 137-046-0500(5) Right to Audit Records.

9.1 Cost or Pricing Data. The Purchasing Agent may, at reasonable times and places, audit the books and records of any Person who has submitted cost or pricing data in connection with a contract to the extent that such books and records relate to such cost or pricing data. Any Person who receives a contract for which cost or pricing data are required, shall maintain the books and records that relate to the cost or pricing data for three (3) years from the date of final payment under the contract, unless a shorter period is authorized by the Purchasing Agent in writing.

9.2 Contract Audit. The Purchasing Agent shall be entitled to audit the books and records of the contractor or any subcontractor to the extent that the books and records relate to the performance of the contract. The contractor and each subcontractor shall maintain books and records for a period of three (3) years from the date of final payment under the contract or subcontract, as applicable, unless a shorter period is authorized by the Purchasing Agent in writing.

ITB 20242019 Sodium Bisulfite Price Agreement 18

10. Eugene Rule 137-046-0500(6) Right to Inspect Plant.

10.1 Time for Inspection. The Purchasing Agent may, at reasonable times, inspect the part of the plant or place of business of the contractor or any subcontractor that is related to the performance of any contract awarded.

10.2 Contractual Provisions. The City may inspect supplies and Services at the contractor's or subcontractor's facility and perform tests to determine whether they conform to the contract requirements.

10.3 Procedures for Trial Use and Testing. The Purchasing Agent may establish operational procedures governing the testing and trial use of equipment, materials, and the application of resulting information and data to Specifications or Procurement.

10.4 Location. When an inspection is made in the plant or place of business of a contractor or subcontractor, such contractor or subcontractor shall provide without charge all reasonable facilities and assistance for the safety and convenience of the person performing the inspection or testing.

10.5 Time of Testing or Inspection. Inspection or testing of supplies and Services performed at the plant or place of business of any contractor or subcontractor shall be performed at reasonable times during normal business hours.

10.6 Inspection of Construction Projects. Onsite inspection of construction shall be performed in accordance with the provisions of the contract.

11. Eugene Rule 137-046-0500(7) Termination in the Public Interest.

11.1 Termination Provisions. The City may terminate the contract for any reason considered by the City to be in the public interest.

Reasons for termination in the public interest include but are not limited to:

(a) The contractor cannot complete the work for reasons beyond the control of either the contractor or the City;

(b) Necessary materials are not available;

(c) A lack of funds;

(d) A phenomenon of nature of catastrophic proportions or intensity;

(e) Executive orders of the President related to national defense;

(f) Congressional or state acts related to funding or changes in applicable laws; or

(g) The presence of other circumstances or conditions such that it is impracticable within a reasonable time to complete the work.

11.2 Payment When Contract Is Terminated.