223045 Bid Manual.pdf

CITY OF SALEM, OREGON

CONTRACTS & PROCUREMENT DIVISION

FOR THE DEPARTMENT OF

PUBLIC WORKS –

WILLOW LAKE WATER POLLUTION CONTROL FACILITY

DEWATERING, THICKENING AND FLOCCULATING

POLYMER

BID NO. 223045

CLOSING: MAY 4, 2022

Time: 11:00 AM (LOCAL TIME)

Invitation to Bid Page 1

CITY OF SALEM, OREGON

CONTRACTS & PROCUREMENT DIVISION

INVITATION TO BID

DEWATERING, THICKENING, AND FLOCCULATING POLYMER

The Contracts and Procurement Manager of the City of Salem will receive bids electronically thru Equity Hub’s Bid Locker, until, but not after 11:00 a.m., (Local Time) MAY 4, 2022, at which time said bids will be publicly opened and read virtually using Zoom. The Zoom call in information will be posted on OregonBuys at least 3 days prior to bid opening date and time.

*********************************NOTICE************************************

Bidders may obtain these bid documents by registering on the OregonBuys website and downloading them. Bidders shall consult the OregonBuys system regularly until closing date and time to avoid missing any notices. To register on OregonBuys go to https://oregonbuys.gov. The

City shall advertise all Addenda on OregonBuys. Prospective bidders are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Bid documents will not be mailed to prospective Bidders.

Bids must be submitted on the bid forms furnished by the City. Completed bids must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker.

The City will not accept bids submitted in any other manner.

NO LATE BIDS WILL BE ACCEPTED. Your bid must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE

(1) day before the closing date and time to begin the uploading process and to finalize your submission. The City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each bid is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google

Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help with Equity Hub’s Bid Locker? Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission. The Vendor Guide for

Bid Locker can be found at Vendor Guide for Bid Locker.

The City reserves the right to cancel this procurement or reject any or all bids, when the cancellation or rejection is in the best interest of the City. Prices quoted shall be firm offers, irrevocable, valid and binding for a period of thirty (30) calendar days after the closing date.

Any question upon this bid must be submitted in writing to the Contracts & Procurement

Division, Office of the Contracts and Procurement Manager, by email:

sself@cityofsalem.net. They must be received no later than APRIL 27, 2022 at 5:00 PM

(local time).

https://oregonbuys.gov/ https://bidlocker.us/a/salem_or/BidLocker mailto:help@equityhub.us https://bidlocker.us/files/Bid%20Locker%20Vendor%20Guide%20-%20Nov%202020.pdf

Invitation to Bid Page 2

The attention of Bidders is directed to the provisions of Chapter 97, Salem Revised Code, concerning unlawful employment practices. Violation of such provisions shall be grounds for immediate termination of this contract without recourse by the Successful Bidder.

Successful Bidders and subcontractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work.

The City Council of the City has approved Salem Revised Code (SRC) 2.380(b), which provides for Contractor Disclosure requirements in City contracts. All Bidders submitting a bid in response to this Invitation to Bid are encouraged to review these requirements when preparing their competitive bid.

The City is an Equal Employment Opportunity Employer. The City will provide ADA accommodations upon request to the Contracts & Procurement Manager.

HUMAN RIGHTS: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination laws. The City’s complete Title

VI Plan may be viewed at www.cityofsalem.net. Successful Bidder agrees to comply with all applicable requirements of federal, state and local civil rights and rehabilitation statutes, rules and regulations if awarded a contract by the City.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Successful Bidder for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Successful Bidder of the Successful

Bidder's obligations under this contract, Salem Revised Code Chapter 97, Title VI of the Civil

Rights Act of 1964, and other federal nondiscrimination laws.

Inquiries concerning these bid specifications shall be directed to: Steve Celeste, Contract

Administrator, phone: 503-763-3481 or email: sceleste@cityofsalem.net

The City Buyer for this bid is Lindsey Bergerson, phone: 503-588-6093 or email:

libergerson@cityofsalem.net

CITY OF SALEM

Shawna Self, CPPB, Manager

Contracts and Procurement Division

BID NO. 223045

CLOSING: MAY 4, 2022

11:00 a.m. (Local Time) mailto:sceleste@cityofsalem.net mailto:libergerson@cityofsalem.net

Instructions/Information for Bidders Page 1

INSTRUCTIONS/INFORMATION FOR BIDDERS

1. FORM OF PROPOSAL: A form for bidding is attached. All bids shall be on the form furnished by the City, and in addition to necessary unit price items and total prices in the column of totals to make a complete bid, all applicable blanks giving general information must be filled in and the bid signed, by the Bidder or a duly authorized agent. Any statement accompanying and tending to qualify a bid may cause rejection of such bid, unless such statement is required in a proposal embracing alternative bids. The City shall not consider, and is not responsible for, bids submitted in any manner other than that required or permitted in this solicitation document.

Discrepancies between the multiplication of units in Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Unless otherwise specified, Bidders shall bid on all bid items included in this solicitation document and the low Bidder shall be determined as noted in the AWARD statement within these Instructions/Information for Bidders. Except as provided herein, bids which are incomplete, or fail to reply to all items required in this solicitation document, will be rejected.

2. RECEIPT OF BID: The Bidder is responsible for ensuring the City receives the bid at the required delivery point prior to the closing date and time, regardless of the method used to submit the bid.

3. LATE BIDS, LATE WITHDRAWALS AND LATE MODIFICATIONS: Bids received after the scheduled closing time for filing bids, as set forth in the Invitation to Bid will be rejected unless such closing time is extended by the City. A Bidder's requests for modification of a bid, or withdrawal of a bid, received after closing date and time is late.

The City shall not consider late bids, late requests for modifications or late withdrawals.

4. MODIFICATION OR WITHDRAWAL OF BID: A Bidder may modify their bid, in writing, prior to closing date and time. The Bidder shall initial and submit any correction or erasure to its bid prior to the opening, in accordance with the instructions for submitting a bid set forth in this solicitation document.

5. REJECTION OF BIDS: The City reserves the right to reject any or all bids in whole or in part or waive irregularities when in the best interest of the City.

6. PRICE DISCREPANCY: In case of discrepancy between unit prices and extensions, the unit prices shall govern.

7. HUMAN RIGHTS: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code

Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination

Instructions/Information for Bidders Page 2 laws. The City’s complete Title VI Plan may be viewed at www.cityofsalem.net.

Successful Bidder agrees to comply with all applicable requirements of federal, state and local civil rights and rehabilitation statutes, rules and regulations if awarded a contract by the City.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the successful Bidder for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the successful Bidder of the successful Bidder's obligations under this contract, Salem Revised

Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws.

The Bidder agrees that no person shall, on the grounds of race, religion, color, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this contract when employed by Bidder. Bidder agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Bidder agrees not to discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owned or an emerging small business enterprise certified under ORS 200.055 in awarding subcontracts as required by ORS

279A.110.

8. F.O.B. POINT: The bid price shall include delivery, F.O.B. City destination point.

9. TIME DISCOUNTS: Due to the City's schedule for payment of invoice, discounts allowed for payment in less than thirty (30) calendar days from receipt of material and invoice cannot be considered in the award of the bid.

10. ALTERNATE BIDS: Bids which contain conditions which will alter or modify the bid form, specifications, or other bidding documents shall not be considered as responsive bids and are unacceptable.

11. FACSIMILE BIDS: will not be accepted.

12. FEDERAL EXCISE TAXES: Prices bid shall exclude federal excise taxes from which municipal agencies are exempt.

13. REQUEST FOR CHANGES TO SPECIFICATIONS: Technical questions relating to the requirement and specifications of the bid and/or the bid process should be directed in writing to the Shawna Self, CPPB, Manager, Contracts and Procurement Division, email:

sself@cityofsalem.net.

Any person who contemplates submitting a bid in response to this Invitation to Bid and who finds discrepancies in, or omissions from, or is in doubt as to the true meaning of any part of the bid document must submit to the Contracts and Procurement Manager a written request for a clarification or interpretation thereof no later than APRIL 27, 2022 at 5:00

PM (local time). Any clarification or interpretation of these bid documents will be made

Instructions/Information for Bidders Page 3 only by written notification. The City is not responsible for any explanation, clarification or interpretation given in any manner except by written notification.

Any person who contemplates submitting a bid in response to this Invitation to Bid and who wishes to have the City consider a change in any part of the bid document must submit to the Contracts and Procurement Manager a written request for a change or substitution no later than APRIL 27, 2022 at 5:00 PM (local time). The request must include the proposed change and the reason for the change. Changes to this solicitation document shall only be by written addenda.

14. PROTEST OF SOLICITATION DOCUMENT AND THE PROCUREMENT PROCESS

A prospective Bidder may protest the procurement process or the solicitation document for a contract. A prospective Bidder must deliver a written protest to the email:

contracts@cityofsalem.net, no later than APRIL 27, 2022 at 5:00 PM (local time). In addition to the information required by ORS 279B.405(4), a prospective Bidder's written protest shall include a statement of the desired changes to the procurement process or the solicitation document that the prospective Bidder believes will remedy the conditions upon which the prospective Bidder based its protest.

Protests to addenda are described in paragraph 26 of this Instructions/Information for

Bidders.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest.

A full description of the City's protest policy as presented in the Public Contracting Rules are available at: www.cityofsalem.net, Contracts & Procurement.

15. OBLIGATION TO AWARD: The City's obligation to award this bid is contingent upon appropriation or approval of funds.

16. AGREEMENT: The successful Bidder will be required to sign an Agreement to deliver to the City at the prices bid for a period of twelve (12) months beginning July 1, 2022 meeting the specifications and conditions set forth herein.

It is the City’s intent to award an Agreement in substantially the form of the Agreement attached to this bid document. Bidders may submit an alternative Agreement for City’s review. The City, at its sole determination, may approve the Bidder’s offered Agreement as is, require modifications, or reject the Bidder’s Agreement and require that the City’s

Agreement be executed for the purpose of this bid.

17. AWARD: shall be made to the lowest responsive Bidder TOTAL BID ITEMS 01-03 based on Special Conditions, Item #16 Formulated Cost. All items must be bid. It is anticipated that this bid will be awarded within thirty (30) calendar days after closing date of bid. The quantities are estimates only. The compensation to the successful Bidder will be based upon the actual quantities provided.

mailto:contracts@cityofsalem.net http://www.cityofsalem.net/

Instructions/Information for Bidders Page 4

18. EVALUATION OF BIDS: Bids shall be evaluated only as set forth in this solicitation document, and in accordance with the Public Contracting Rules (PCR) and any other applicable law.

19. NONRESIDENT BIDDERS: In determining the lowest responsive bid or most advantageous proposal, the City shall apply the reciprocal preference. When evaluating bids, a percentage increase shall be added to the bid of a non-resident Bidder equal to the percentage, if any, of the preference that would be given to that Bidder in the state in which the Bidder resides. The list prepared and maintained by the Oregon Department of

Administrative Services pursuant to ORS 279A.120(4) will be used to determine whether the non-resident Bidder's state gives preference to in-state Bidders and the amount of such preference.

20. CLARIFICATION OF BIDS: After opening, the City may engage in discussions with apparent responsive Bidders for clarification of bids, to assure full understanding of the bids and to determine whether an offer is responsive. All Bidders submitting bids needing clarification shall be afforded an opportunity to clarify their bids.

21. NEGOTIATIONS PROHIBITED: The City will not negotiate with any Bidder.

22. BRAND NAMES: are used only to establish an acceptable standard of quality and are not intended to eliminate competitive bidding. If you anticipate bidding item(s) that are not listed in this solicitation document, product information outlining the product(s) compliance with the bid specifications, must be submitted to and received at the email:

contracts@cityofsalem.net, Contracts & Procurement Division, Office of the Contracts and

Procurement Manager no later than APRIL 27, 2022 at 5:00 PM (local time). For Samples of the products which you intend to submit a bid on, along with a written request to have the product approved as an equal must accompany the product information and be mailed to Contracts & Procurement Division, 555 Liberty St SE, Room 330, Salem, OR 97301.No bids will be accepted for products that are not listed in this solicitation document or for which a request for approval as an approved equal has not been received by the above stated deadline.

The City will make a determination of the acceptability of the product as an approved equal. If the determination has not been reached prior to three (3) City business days before the bid closing, you may submit a bid based on the item in question. The bid shall be opened and read at the scheduled bid closing time; however, no recommendation for award of the bid will be made until the question of product acceptability has been resolved.

"APPROVED EQUALS"

Any specification that is followed by the words "or approved equal": may be reviewed, at the Bidder's request, ONLY IF THE BIDDER PROPERLY SUBMITS A

SUBSTITUTION REQUEST FORM in the manner described as follows:

A. "OR APPROVED EQUAL" materials, products, or services require approval by addendum PRIOR TO BID CLOSING. Materials, products, or services which the

Bidder proposes to substitute, and which they consider an equal to those specified, MUST BE SUBMITTED ON THE SUBSTITUTION REQUEST FORM AND

Instructions/Information for Bidders Page 5

RECEIVED BY THE CONTRACTS & PROCUREMENT MANAGER NOT

LATER THAN APRIL 27, 2022 at 5:00 PM (local time). City staff reserves the right to request additional information that will aid them in their substitution evaluation. Approval of materials, products, or services determined to be equivalent will be issued by addendum prior to the bid closing date.

Substitution Request Forms are located at the end of this Instructions/Information for Bidders section.

23. COOPERATIVE PURCHASING: Pursuant to ORS 279A.200 to 279A.225, other public agencies may use the purchase agreement resulting from this invitation to bid unless Bidder expressly notes on the proposal form that the prices quoted are available to the City only.

The condition of such use by other agencies is that any such agency must make and pursue contact, purchase order, delivery arrangements, and all contractual remedies directly with the successful Bidder; the City accepts no responsibility for performance by either the successful Bidder or such other agency using this agreement. With such condition, the

City consents to such use by any other public agency.

24. SAFETY DATA SHEETS: Bidder shall furnish material safety data sheets per OAR 437, Division 155, for all chemical items furnished to the City.

25. ADDENDA: In the event that it becomes necessary to revise any part of this Invitation to

Bid, the addenda will be posted on OregonBuys. Prospective Bidders are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by addenda. Addenda, if necessary, will be issued not later than 72 hours before closing unless the addenda also extend the closing date. A request for change to an addendum must be made not later than the close of the next business day following issuance of the addendum. Bids received without properly signed addenda will be considered non-responsive and will not be further considered for contract award.

26. PROTESTS OF ADDENDA: A Bidder may submit a written protest to an addendum within forty-eight hours by the close of the City's next business day after issuance of the addendum. The written protest shall include: (1) Sufficiently identify the addendum being protested; (2) Identify the specific grounds that demonstrate how the addenda is contrary to law, unnecessarily restrictive, legally flawed or improperly specifies a brand name; (3)

Include evidence or supporting documentation that supports the grounds on which the protest is based; (4) identify the relief sought; and (5) Include a statement of the desired changes to the addendum that the Bidder believes will remedy the conditions upon which the Bidder based its protest. The City will not consider a protest to matters not added or modified by the protested addendum. Bidder must deliver a written protest to the City

Manager’s Office, 555 Liberty Street SE, Room 220, Salem, OR 97301 by FedEx, UPS, or USPS only.

Instructions/Information for Bidders Page 6

27. INCURRED COSTS: Neither the City, nor its agents, are liable for any cost incurred by

Bidders prior to issuance of an agreement, contract, or purchase order. All prospective

Bidders who respond to City procurement do so solely at the Bidder's cost and expense.

28. LAWS OF THE STATE OF OREGON: By submitting a response to this solicitation, Bidder agrees that:

Any terms and conditions stated within any contract that is awarded as a result of this solicitation shall also include the following:

$ The following laws of the State of Oregon are hereby incorporated by reference into the contract: ORS 279B.220, 279B.225, 279B.230, and 279B.235.

$ Any contract awarded and/or purchase order issued as a result of this solicitation shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under the agreement shall be in the Circuit Court of the State of Oregon for Marion County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. The City and successful Bidder expressly waive any and all rights to maintain an action under the contract in any other venue and expressly consent that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue.

$ SUCCESSFUL BIDDER’S COMPLIANCE WITH TAX LAWS

Successful Bidder represents and warrants to the City that:

Successful Bidder shall, throughout the term of this contract, including any extensions hereof, comply with:

(i) All tax laws of the State of Oregon, including but not limited to ORS

305.620 and ORS chapters 316, 317, and 318;

(ii) Any tax provisions imposed by a political subdivision of the State of

Oregon applicable to successful Bidder; and

(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.

Successful Bidder, for a period of no fewer than six (6) calendar years preceding the

Effective Date of this contract, has faithfully complied with:

(i) All tax laws of the State of Oregon, including but not limited to ORS

305.620 and ORS chapters 316, 317, and 318;

(ii) Any tax provisions imposed by a political subdivision of the State of

Oregon applicable to successful Bidder; and

(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.

Instructions/Information for Bidders Page 7

Successful Bidder’s failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this contract. Further, any violation of successful Bidder’s warranty, as set forth in this Article, shall constitute a material breach of this contract.

Any material breach of this contract shall entitle the City to terminate this contract and to seek damages and any other relief available under this contract, at law, or in equity.

Any Work delivered to the City under this contract shall be provided to the City free and clear of any and all restrictions on or conditions of its use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind.

29. CONTRACTOR DISCLOSURE REQUIREMENT: The Salem City Council has approved SRC 2.380(b) relating to Contractor Disclosure requirements in City bid documents. The Contractor Disclosure Ordinance requires that prior to contract award the low Bidder shall provide answers to all five (5) Contractor Disclosure Requirement questions presented on the Proposal pages of these bid documents. ALL Bidders are

ENCOURAGED to submit the answers to these five (5) questions with their bid.

30. PUBLIC INSPECTION OF BIDS: After bid opening or notice of intent to award is issued, as applicable, bids will be available by submitting a Public Records Request through the

City Recorder’s Office: www.cityofsalem.net, City Recorder.

31. RECYCLED MATERIALS PREFERENCE: In the procurement of goods, preference shall be given to goods manufactured from recycled materials.

In comparing goods from two or more Bidders, if at least one Bidder offers goods manufactured from recycled materials, the Bidder offering goods manufactured from recycled materials shall be selected if each of the following four conditions exists:

(1) The recycled product is available;

(2) The recycled product meets applicable standards, as set forth in the solicitation document;

(3) The recycled product can be substituted for a comparable non-recycled product; and

(4) The recycled product's costs do not exceed the cost of non-recycled products by more than five percent, or such higher percentage as determined applicable to a specific procurement by the City Manager, in writing and set forth in the solicitation document. The percent preference provided in this subsection shall only apply to the value of that portion of the offer that offers recycled products containing verifiable recycled contents.

To be eligible for the preference under this section, a Bidder must:

(1) Request the preference in their bid;

(2) Indicate in the offer the materials considered relevant for the preference; and

(3) Identify the minimum or, if available, the approximate or exact, percentage of recycled product in all goods offered.

Instructions/Information for Bidders Page 8

32. NOTICE OF INTENT TO AWARD: The City intends to award a procurement contract for those items required within this bid, seven (7) days after bid closing date and time. The

City shall post the written notice of intent to award on OregonBuys. No further written notice will be provided to Bidders.

33. PROTEST OF INTENT TO AWARD: A Bidder may protest the award of a contract or the intent to award such a contract, whichever occurs first, if the following conditions are satisfied: (1) The Bidder must be adversely affected because the Bidder would be eligible to be awarded the contract in the event the protest is successful; (2) The reason for the protest is that all the lower bids are non-responsive, the City has failed to conduct the evaluation of bids in accordance with the criteria or processes described in the solicitation document, the City has abused its discretion in rejecting the protestor's bid as non-responsive or the City's evaluation of the bids or the subsequent determination of award is otherwise in violation of ORS 279A or 279B. The Bidder must deliver the written protest to the City Manager’s Office, 555 Liberty Street SE, Room 220, Salem, OR 97301 by

FedEx, UPS, or USPS, within seven (7) days after issuance of the notice of intent to award the contract or if no notice of intent to award is issued, within forty-eight hours after award.

A Bidder's written protest shall specify the grounds for protest to be considered by the City pursuant to ORS 279B.410 (2). The City Manager shall not consider a Bidder's contract award protest submitted after the above timeline.

34. DEBARMENT OF BIDDER: The Contracts and Procurement Manager may debar prospective Bidders from consideration for contracts for a period of not more than three

(3) years if:

(1) The prospective Bidder has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;

(2) The prospective Bidder has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently, seriously and directly affects the prospective

Bidder’s or proposer’s responsibility as a Successful Bidder;

(3) The prospective Bidder has been convicted under state or federal antitrust statutes;

(4) The prospective Bidder has committed a violation of a contract provision and debarment for such a violation was listed in the contract terms and conditions as a potential penalty. A violation may include, but is not limited to, a failure to perform the terms of a contract or an unsatisfactory performance of the terms of the contract.

A failure to perform or an unsatisfactory performance caused by acts beyond the

Instructions/Information for Bidders Page 9 control of the Successful Bidder may not be considered to be a basis for debarment;

or

(5) The prospective Bidder does not carry workers’ compensation or unemployment insurance as required by applicable law.

The Contracts and Procurement Manager shall give written notice of the reasons for the debarment and the proposed length of debarment to the person for whom debarment is being considered. The Bidder shall be given not less than fourteen days to respond to the

Contracts and Procurement Manager in writing. The Contracts and Procurement Manager shall issue a written decision that states the reason for the action taken and that informs the

Bidder of the Bidder’s appeal rights.

35. BIDDING BY CITY EMPLOYEES PROHIBITED: The City will not purchase any goods or services from City employees unless City Council expressly authorizes the purchase or the purchase is necessary during a state of emergency and the City Manager approves the purchase.

36. APPLICABLE TAXES: The successful Bidder shall be liable for all applicable Federal, State, and local taxes.

Substitution Request Form Page 1

SUBSTITUTION REQUEST FORM

(To be used for Commodities Bids)

TO: The City of Salem

Contracts & Procurement Division Bid No. 223045 email: contracts@cityofsalem.net

Substitution Request Forms must be received no later than APRIL 27, 2022 at 5:00 PM (local time).

PROJECT: Dewatering, Thickening, and Flocculating Polymer

Specified Item:

Section Page Paragraph Description

The undersigned Proposer/Bidder submits and requests consideration and determination of the following proposed substitution as an "Approved Equal" for the Specified Item:

PROPOSED SUBSTITUTION:

Attached data includes product description, specifications, drawings, photographs, performance and test data adequate for evaluation of the request; applicable portions of the data are clearly identified. The City reserves the right to request additional information of a clarifying nature.

Attached data also includes description of changes to contract documents which proposed substitution will require for its proper installation or use.

The undersigned states that the following paragraphs, unless modified on the attachments are correct:

1. The proposed substitution does not change the quality from the product description in the bid specifications.

2. The proposed substitution will have no adverse affects when used with existing product(s) described within the specifications, or with delivery schedule, or specified warranty requirements.

3. Support, maintenance, and service parts will be locally available for the proposed substitution.

4. References from satisfied users of the proposed substitution item shall be made available to the City of Salem with this request form.

The undersigned further states that the function, appearance and quality of the proposed substitution are equivalent or superior to the specified item.

Submitted by:

Signature

Firm

Address

Date

Email:

For use by Contract Administrator

Accepted Accepted as noted

Not accepted Received too late

By Contract Administrator

Date

Remarks

General Conditions Page 1

GENERAL CONDITIONS

1. WORKERS' COMPENSATION LAW: All subject employers working under this contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126.

2. PURPOSE AND USAGE OF CITY ANNUAL REQUIREMENTS CONTRACTS: The

City appreciates the contractual relationship established between your firm and the City with the purpose of providing goods and services that meet the annual operating requirements the City uses in furnishing services to the citizens of Salem.

The terms, conditions, and pricing of contracts between City and successful Bidder shall extend solely to those transactions between City and successful Bidder and shall not be extended to any individual City employee for the City employee’s personal benefit. City employees shall not receive any discounts, favoritism, or other benefits either because of the contractual relationship between City and successful Bidder, or as a result of the employee’s position as a City employee, except for those discounts or other benefits that are available to the general public at large. Successful Bidders are encouraged to report any City employee using his or her status as a City employee to request or otherwise receive any discount, favoritism, or other benefit that is not otherwise available to the general public by notifying the City Contracts and Procurement Manager in writing at City

Contracts and Procurement Division, at email: sself@cityofsalem.net.

3. ROYALTIES AND PATENTS: The successful Bidder shall pay all royalty and license fees. The Successful Bidder shall defend all suits or claims for infringement of any patent and shall save the City harmless from loss of account thereof.

4. QUALITY: All materials provided under the terms of this Contract must be of sufficient quality, when delivered, as to be suitable for the purpose or use for which they are being purchased. Items which are found to be unsuitable for their intended purpose as a result of lack of quality or premature deterioration of product quality shall be returned to the supplier at no cost to the City. If an item provided to the City is used for its intended purpose and its lack of adequate quality results in operating problems, the cost of remedying the problems shall be borne by the successful Bidder.

5. QUANTITIES: The quantities indicated are the City's estimated requirements based on previous usage and are in no way binding upon the City. The City reserves the right to increase or decrease each item. Items listed within this solicitation document shall be ordered on an "as needed basis" throughout the term of the contract.

The failure of the successful Bidder to make delivery of a product meeting the specifications and conditions set forth herein shall be a violation of this contract, giving the City the right to cancel the contract and purchase elsewhere with recourse to the successful Bidder.

6. FORFEITURE OF CONTRACT: This contract may be canceled at the election of the City for any willful failure or refusal to faithfully perform the contract according to its terms as herein provided.

General Conditions Page 2

7. TERMINATION OF CONTRACT:

A. TERMINATION WITHOUT CAUSE:

Either party may terminate this agreement upon thirty (30) calendar days written notice to the other, with or without cause, for any reason whatsoever. Upon the termination of this contract, for any reason or for no reason, each party shall be released from all obligations and liabilities to the other occurring or arising after the date of such termination, except that any termination of the contract shall not relieve City's obligation to pay for services already rendered nor shall any such termination relieve either party of its obligations or from any liability arising from any breach of this contract.

B. GENERAL CONDITIONS OF TERMINATION:

All warranty obligations, indemnity and defense obligations, and Successful

Bidder's insurance coverage obligations with respect to occurrences happening before termination of this contract, shall survive termination of this contract and such provisions and obligations shall remain in full force and effect as originally specified in the contract.

8. ASSIGNMENT OF CONTRACT: Successful Bidder shall not assign the contract, delegate duties, or subcontract delivery of the goods or services, without prior written approval from the City's Contract Administrator.

9. ESCALATION/DE-ESCALATION AGREEMENT

Prices shall remain firm throughout the initial agreement term except in the case of price decreases. After the initial term, the successful Bidder furnishing supplies or materials under this contract will be allowed to increase or decrease prices charged to the City in the same proportion as charged to the successful Bidder, except as hereinafter provided.

The contract unit price(s) shall be the basis for such increase or decrease, by application of a percentage or fixed amount against the contract unit price(s). Price changes involving materials or supplies which are re-sold to the City may be increased or decreased by submitting documentation in the form of invoices, payment documents or other evidence of the unit prices actually charged by the successful Bidder's supplier(s).

Prices of raw materials which constitute a portion of a finished product, manufactured by the successful Bidder, and sold directly to the City, may be increased or decreased as that portion of the raw material applies to the finished product, and in direct proportion to the price increase or decrease, documented as set forth above.

Price increase not eligible for escalation shall be considered as any of the successful

Bidder's actual costs of doing business such as overhead, supplies, labor, utilities, appliances and appurtenant machinery.

Application for a price increase shall be submitted to the Contracts & Procurement

Manager, along with documentation substantiating such increase. When the Contracts &

Procurement Manager has been notified in the above manner, by the successful Bidder, that they wish to increase prices, the Contracts & Procurement Manager shall have authority to re-negotiate with others and cancel the balance of the existing agreement, if

General Conditions Page 3 materials of equal quality may be obtained at lower prices than proposed by the successful

Bidder. All documentation of the basis for a price escalation is subject to review by the

Contracts & Procurement Manager who may demand such further documentation and/or conduct such further investigation as may be deemed necessary.

Increase or decrease of prices will be allowed the first of the month following receipt of communication, or the effective date, whichever is later.

No price escalation in excess of 5% of the unit price bid will be allowed within a one-year period.

The City will calculate price increases as follows:

• Subtract the new unit price from the previous unit price. Example: $47.50 - $44.40

= $3.10

• Divide the difference by the previous unit price. Example: $3.10 / $44.40 = $0.06

• Covert to a percentage. Example: 6%

Special Conditions Page 1

SPECIAL CONDITIONS

l. TYPE OF CONTRACT: This is a non-exclusive one-year annual contract (goods provided routinely throughout year), with a renewal provisions (see renewal reference below) and escalation de-escalation clause, (See General Conditions, Page 2).

2. CONTRACT TERM: This contract shall commence as of July 1, 2022 and continue until

June 30, 2023 (end of the City's fiscal year) and upon renewal (see renewal clause) shall continue for each additional consecutive fiscal year until canceled or expiration of the contract term.

3. CONTRACT ADMINISTRATION: The Contract Administrator for this contract shall be Steve Celeste, or his duly appointed representative.

4. ORDERING: Ordering will be conducted by the Contract Administrator either by oral or written calls on an "as needed basis" against this contract.

5. TELEPHONE ORDERS: Suppliers outside the Salem area shall accept long distance telephone orders on a "collect" basis or provide the City with a "toll free" number.

6. INVOICING: Invoices shall be submitted to Accounts Payable, Finance Division, Room

230, City Hall, 555 Liberty Street SE, Salem, Oregon 97301 or emailed to accountspayable@cityofsalem.net. The invoice shall reference: the Contract

Number/Contract Name, and Contract Administrator.

7. PAYMENTS: City payment policy is Net 30 days. The City does not pre-pay for goods or services.

8. NOTIFICATION OF DELIVERY: The City of Salem will notify the Contractor of its needs in no less than 48 hours of the required delivery date; however, the Contractor may be required to effect delivery in less than 48 hours after notification, under emergency conditions.

9. PLACE OF DELIVERY: Delivery will be made to the Willow Lake Water Pollution

Control Facility, 5915 Windsor Island Road N, Salem OR 97303.

10. PRODUCT EFFICIENCY: The City reserves the right to use other polymers for field testing. These tests will be required to pre-qualify for bidding on this contract. These tests will be used to compare the previously accepted polymers in order to determine the most efficient chemical for the plants use.

11. EMERGENCY CONTACT: Contractor shall provide the Contract Administrator with an emergency telephone number to be used in emergency situations when the Contractor's main office is closed, e.g. weekends, holidays, nights, etc. (after hours).

Special Conditions Page 2

12. ROTARY DRUM THICKENER POLYMER ESTIMATED QUANTITIES: Delivery of Chemical Flocculent Polymers is to be in returnable tote containers (approximately

250-275 gallons). Usage is estimated at 12,000 gallons for the contract period. As this is predicated upon seasonal contributing factors, the ordering of supplies under the contract will fluctuate accordingly.

CENTRIFUGE POLYMER ESTIMATED QUANTITIES: Delivery of Chemical

Flocculent Polymers is to be in returnable tote containers (approximately 250-

275gallons). Usage is estimated at 40,000 gallons for the contract period. As this is predicated upon seasonal contributing factors, the ordering of supplies under the contract

RIVER ROAD WET WEATHER TREATMENT FACILITY (RRWWTF)

(ACTIFLOW PROCESS) POLYMER ESTIMATED QUANTITIES: Delivery of

Chemical Flocculent Polymers is to be in returnable tote containers (approximately 250-

275 gallons). Usage is estimated at 1,500 gallons for the contract period. As this is predicated upon seasonal contributing factors, the ordering of supplies under this contract

All totes are to be returned to the contractor, transported at contractor’s cost. City staff shall insure that totes are drained of polymer in preparation for return transport.

13. INSPECTION AND ACCEPTANCE: Inspection and acceptance shall be performed by the Contract Administrator or their duly appointed representative.

14. INDEMNIFICATION: Contractor(s) will indemnify the City of Salem for any loss or damage due to failure to deliver within the times required within this contract. Damages shall accrue to the City of Salem of any actual or liquidated damages that occur. Damages shall not accrue due to the failure of the Contractor to perform due to acts of God, nature, calamities, or of the public enemy, riots or acts attendant to riots or strikes.

15. RECORDS OF EFFICIENCY: The City of Salem will keep records of the efficiency of the rotary drum thickener and centrifuge products based upon solids feed, dewatered cake filtrate & centrate solids and individual process solids capture rates for the contract period.

Such records may be used to compare other products and contractor’s timely delivery in future contracts to determine over a period of contracts which polymers are most efficient, cost effective and any other additional factors considered. As a result, the City of Salem may consider such polymers for sole source procurement unless breakthroughs in the art prove to be of better value to the City. (See Formula for Cost) Any vendor wishing to submit a product for future consideration must provide sufficient quantities for adequate testing by the City. Only those specific polymers tested and found to be effective will be considered acceptable for future bids.

16. FORMULA FOR COST: Cost of polymer used, divided by tons of dry solids removed while achieving the approved minimum solids capture rate will determine the unit cost of removal. Total gallons used to effect removal will also be considered a factor although overall cost might be comparable. Evaluation of polymer cost will be based upon the price submitted times the pounds per ton of each material = net cost/ton dry solids.

Special Conditions Page 3

17. LIABILITY: The City will use the rate recommended by the outset of the contract and make any necessary adjustments to quantity that the City deems necessary to efficiently carry out the job. If the contractor’s polymer product(s) prove to be inefficient during the term of the contract, the City may terminate the contract.

If a shipment of polymer is delivered to the City and the polymer is inconsistent with quality of the polymer represented in the field trials for this bid, the contractor shall replace or credit the City for the lesser quality polymer. The cost of return transport will be the contractor’s responsibility.

If the polymer quality becomes a significant issue, the Contract Administrator reserves the right to terminate the contract with the Primary Provider and request the goods from the

Alternate Provider for the duration of the contract.

18. RENEWAL: If the City determines that it is in the City's best interest, the City may elect to extend the contract for four (4) additional one (l) year renewal periods subject to the following conditions:

a. Approval by the City and budget approval.

b. Service has been determined, by the Contract Administrator, to be satisfactory.

c. Bid price remains firm for the additional year; adjusted only for any escalation/de-escalation allowed under the terms of the contract.

d. Agreement to extend the contract, in writing, by the Contractor after a minimum 30 calendar day notice by the City prior to the expiration of the contract.

19. ALTERNATE PROVIDER OPTION: It is the City’s intent to enter into annual contract(s) for the purchase of Polymer with a prime provider. At any time during the duration of the prime contract that any Polymer contracted for becomes out of stock temporarily, will not meet the delivery requirement stated in Item #8 – Notification of

Delivery (Special Conditions, Page 1) or the prime contract is terminated or canceled, the

City reserves the right to acquire the needed Polymer from an “alternate” provider.

Proposal Page 1

CITY OF SALEM BID NO. 223045

DEWATERING, THICKENING AND FLOCCULATING CLOSING DATE: MAY 4, 2022

POLYMER 11:00 a.m. (LOCAL TIME)

PROPOSAL

The City requests your best quotation, F.O.B. delivered on the following:

Pre-qualification during this testing cycle will be held prior to award of contract(s). Contact the Contract Administrator to schedule testing of the product being proposed.

ITEM DESCRIPTION EST QTY UNIT PRICE TOTAL PRICE

01 RDT Polymer 12,000 gallons $___________ $____________

Polymer shall be pre-qualified with regards to performance in actual full-scale field tests.

Polymer efficiency shall be similar in cost and dewatering capacity to current RDT polymer in use.

A) Current Polymer: K274 FLX

B) Thickened Sludge shall be at least 5.0 % solids @ 20 gpm.

C) Minimum capture rate is 80%.

D) Polymer dosage recommendation is 12 pounds/dry ton (active) or less.

BRAND & CHEMICAL DESIGNATION: __________________________________________

Product information/specification must be submitted in accordance with "BRAND

NAMES" Instructions/Information for Bidders as outlined herein if bidding other than specified.

02 CENTRIFUGE Polymer 40,000 gallons $___________ $____________

Polymer shall be pre-qualified with regards to performance in actual full-scale field tests. Polymer efficiency shall be similar in cost and dewatering capacity to current

CENTRIFUGE polymer in use.

A) Current Polymer: K290 FLX (Brine viscosity 800 or greater)

B) Cake shall be at least 23% solids @ 130gpm.

C) Minimum capture rate is 90%.

D) Polymer dosage recommendation is 38 pounds/dry tons (active) or less

Proposal Page 2

03 RRWWTF Polymer 1,500 gallons $___________ $___________

Polymer shall be pre-qualified with regards to performance in Bench Field Tests.

Polymer efficiency shall be similar in cost and settling capacity to current RRWWTF polymer in use.

A) Current Polymer: K3040 LA

B) Poly concentration recommendation is 0.5-1.5 ppm.

C) Maximum Turbidity shall be no greater than 4 NTU.

TOTAL BID Items 01-03 (All items must be bid): $___________

Bidder(s) who wish to be considered as an “Alternate Provider” shall provide the City with the following information:

PRICES SHALL REMAIN AS STATED IN BID IF SELECTED

AS AN “ALTERNATE PROVIDER”

_________ Yes __________ No

If submitting a "NO BID," please check this box and give your explanation/reason(s) why:

Any brochures, terms & conditions, contracts or other documents supplied by Bidder as part of their proposal shall not vary the terms, conditions,…