HomeMy WebLinkAbout2024-100 PO 20250015 Univar Solutions USA LLC
Purchase Order
Fiscal Year2025Page:1 of: 1
THISPO NUMBER MUSTAPPEAR ON ALL
INVOICES, AND SHIPPINGDOCUMENTS.
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City of Ashland
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ATTN:Accounts Payable
Purchase
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20 E. Main
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20250015
Order#
Ashland, OR 97520
Phone: 541/552-2010
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Email: payable@ashland.or.us
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S
C/O Public Works- Operations
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H
UNIVAR SOLUTIONS USA LLC
90 NorthMountain Ave.
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3075 HIGHLANDS PKWAYS
Ashland, OR 97520
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STE 200
Email: alistair.andre@ashland.or.us
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ODOWNERS GROVE, IL 60515-5560Phone: 541/488-5353
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Fax: 541/552-2329
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Vendor Phone NumberVendor Fax NumberRequisition NumberDeliveryReference
20250021
DateOrderedVendor NumberFreight Method/TermsDepartment/Location
DateRequired
07/03/2024471507/02/2024FOB ASHLAND OR/NET30Public WorksDepartment
Item#Description/PartNoQTYUOMUnit PriceExtended Price
CytecSuperfloc N-300& Sodium Carbonate Peroxyhyd
1WTP chemical CytecSuperfloc N-3006.0EACH$1,544.40$9,266.40
Project Account:
2Sodium Carbonate Peroxyhydrate5.0EACH$9,360.00$46,800.00
Project Account:
***************GL SUMMARY ***************
081900 - 601500$56,066.40
By:Date:
AuthorizedSignature
PO Total$56,066.40
2024 BID TAB - Invitation to Bid Chemicals for Water & Wastewater Treatment Plants
Bids due by 2:00:00 PM (PST) June 4, 2024
Firm pricing July 1, 2024 to June 30, 2025
CHEMICAL #1 - WTP Cascade Chemtrade Shannon
Brenntag Pacific, Northstar TR Inernational Univar Solutions USA Thatcher Company of
Aluminum Sulfate - Eco Services or Columbia Chemicals US Chemical
IncChemical Inc.Trading CompanyInc.California, Inc.
Cascade Columbia (No Substitution)Distribution LLCCorporation
Thatcher Company of
ManufacturerNO BIDChemtradeNO BIDNO BIDNO BIDNO BIDEco Services
California, Inc.
10.829
Number of pounds (Lbs.) per gallon in solution11.0811.09
Number of dry pounds (Lbs.) per gallon Alum5.318410.8295.41
$ 872.44
Price per dry ton $ 751.00 $ 293.17
Cost per order - 4,500 gallons $ 10,440.00 $ 18,298.30 $ 3,562.02
N/A
Delivery charge per order Included $ 2,600.00
Attachement #1,
Appendices A & B
Comments:N/AN/A
form part of our
proposal.
In case of emergency for Tote order:
Price per Tote (300-330 Gal per tote) $ 375.00 $ 2,404.33 $ 884.21
Cost per order - (6) Totes $ 2,250.00 $ 14,426.01 $ 5,305.26
Delivery charge per order N/A Included $ 1,700.00
CHEMICAL #2 - WTP Cascade Chemtrade Shannon
Brenntag Pacific, Northstar TR Inernational Univar Solutions USA Thatcher Company of
Sodium Hypochlorite 12.5%+ LOW Columbia Chemicals US Chemical
IncChemical Inc.Trading CompanyInc.California, Inc.
SALT, FILTEREDDistribution LLCCorporation
NO BIDNO BIDNO BIDNO BID
ManufacturerNO BIDHasaNO BIDNO BID
Number of gallons per tote300
Price per gallon $ 3.67
Cost per tote $ 1,101.00
Cost per load (5) totes $ 5,505.00
Delivery charge per order N/A
CommentsN/A
Bid Tab - Page 1 of 4
2024 BID TAB - Invitation to Bid Chemicals for Water & Wastewater Treatment Plants
Bids due by 2:00:00 PM (PST) June 4, 2024
Firm pricing July 1, 2024 to June 30, 2025
CHEMICAL #3 - WTP Cascade Chemtrade Shannon
Brenntag Pacific, Northstar TR Inernational Univar Solutions USA Thatcher Company of
Cytec Superfloc C-573 Flocculant -or-Columbia Chemicals US Chemical
IncChemical Inc.Trading CompanyInc.California, Inc.
Polydyne Moe 106 PWG Flocculant (No Distribution LLCCorporation
Polydyne MOE
ManufacturerCytecNO BIDNO BIDNO BIDKemira WaterNO BID
106PWG
Price per pound (Lb) $ 2.09 $ 2.21 $ 1.70 $ 2.44
Cost per 500 Lb drum $ 1,045.00 $ 1,105.00 $ 850.00 $ 1,220.00
Cost per order - 4 each 500 lb drums $ 4,180.00 $ 4,420.00 $ 3,400.00 $ 4,880.00
Delivery charge per order N/A N/A $ - Included
CommentsN/AN/AN/AN/A
CHEMICAL #4 - WTP Cascade Chemtrade Shannon
Brenntag Pacific, Northstar TR Inernational Univar Solutions USA Thatcher Company of
Cytec Superfloc N-300 LMW Flocculant (No Columbia Chemicals US Chemical
IncChemical Inc.Trading CompanyInc.California, Inc.
Substitution)Distribution LLCCorporation
NO BIDNO BIDKemira Water
ManufacturerCytecNO BIDNO BIDNO BID
Price per pound (Lb) $ 5.02 $ 3.97 $ 3.15
Cost per 25kg or 55.12 Lb bag 55.12 Lb bag $ 276.63 $ 218.83 $ 193.05
Cost per order - (8) bags $ 2,213.09 $ 1,750.64 $ 1,544.40
Delivery charge per order N/A N/A Included
CommentsN/AN/AN/A
CHEMICAL #5 - WTP Cascade Chemtrade Shannon
Brenntag Pacific, Northstar TR Inernational Univar Solutions USA Thatcher Company of
Soda Ash, Dense, Free Flowing (Or Columbia Chemicals US Chemical
IncChemical Inc.Trading CompanyInc.California, Inc.
Equivalent)Distribution LLCCorporation
ManufacturerTata and CinerNO BIDNO BIDNO BIDGenesis Alkali, LLCSisecam ChemicalNO BID
Number of pounds (Lbs.) per bag50505050
Number of bags per pallet49Tata 50/ Ciner 495454
Price per pound (Lb) $ 0.45 $ 0.35 $ 0.385 $ 0.38
Cost per order 270 bags (5) pallets $ 6,102.00 $ 4,765.50 $ 5,197.50 $ 5,130.00
Delivery charge per order N/A N/A Included Included
CommentsN/AN/AN/AN/A
Bid Tab - Page 2 of 4
2024 BID TAB - Invitation to Bid Chemicals for Water & Wastewater Treatment Plants
Bids due by 2:00:00 PM (PST) June 4, 2024
Firm pricing July 1, 2024 to June 30, 2025
CHEMICAL #6 - WTP Cascade Chemtrade Shannon
Brenntag Pacific, Northstar TR Inernational Univar Solutions USA Thatcher Company of
Sodium Carbonate Peroxyhydrate, Free Columbia Chemicals US Chemical
IncChemical Inc.Trading CompanyInc.California, Inc.
Flowing - ("Greenclean" Or Equivalent) Distribution LLCCorporation
ManufacturerNO BIDNO BIDNO BIDNO BIDNO BIDGreenclean ProNO BID
Number of pounds (Lbs.) per bag5050
Number of bags per pallet4940
Price per pound (Lb) $ 1.30 $ 1.17
Cost per order 160 bags (4) pallets $ 10,400.00 $ 9,360.00
Delivery charge per order N/A Included
CommentsN/AN/A
Cascade Chemtrade Shannon
CHEMICAL #7 - WWTP Brenntag Pacific, Northstar TR Inernational Univar Solutions USA Thatcher Company of
Columbia Chemicals US Chemical
Sodium Hypochlorite 12.5%IncChemical Inc.Trading CompanyInc.California, Inc.
Distribution LLCCorporation
ManufacturerHasaNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
Number of gallons per tote330300
Price per gallon (gal) $ 4.50 $ 3.67
Cost per tote $ 1,485.00 $ 1,101.00
Cost per load/order (2) totes $ 2,970.00 $ 2,202.00
Delivery charge per order N/A N/A
CommentsN/AN/A
Cascade Chemtrade Shannon
CHEMICAL #8 - WWTP Brenntag Pacific, Northstar TR Inernational Univar Solutions USA Thatcher Company of
Columbia Chemicals US Chemical
Citric Acid 50%IncChemical Inc.Trading CompanyInc.California, Inc.
Distribution LLCCorporation
Cascade Columbia
Brenntag Pacific, Shannon Chemical Univar Solutions USA
ManufacturerDistribution NO BIDNO BIDNO BIDNO BID
IncCorporationInc.
Company
Number of gallons per tote275330252
Price per gallon (gal) $ 10.14 $ 11.48 $ 17.17 $ 9.11
Cost per tote $ 3,346.20 $ 3,157.00 $ 5,666.10 $ 2,295.72
Cost per load/order (2) totes $ 6,692.40 $ 6,314.00 $ 11,332.20 $ 4,591.44
Delivery charge per order N/A N/A Included Included
CommentsN/AN/AN/AN/A
Bid Tab - Page 3 of 4
2024 BID TAB - Invitation to Bid Chemicals for Water & Wastewater Treatment Plants
Bids due by 2:00:00 PM (PST) June 4, 2024
Firm pricing July 1, 2024 to June 30, 2025
Cascade Chemtrade Shannon
CHEMICAL #9 - WWTP Brenntag Pacific, Northstar TR Inernational Univar Solutions USA Thatcher Company of
Columbia Chemicals US Chemical
Aluminum Sulfate IncChemical Inc.Trading CompanyInc.California, Inc.
Distribution LLCCorporation
Thatcher Company of
Chemtrade
ManufacturerNO BIDChemtradeNO BIDNO BIDNO BIDEco Services
California, Inc.
Chemicals US LLC
Number of pounds (Lbs.) per gallon in solution11.0811.13410.82911.09
Number of dry pounds (Lbs.) per gallon5.31845.3410.8295.41
Price per dry ton $ 650.57 $ 695.00 $ 751.00 $ 293.17
Cost per order - 4,500 gallons $ 7,785.00 $ 8,497.35 $ 18,270.00 $ 3,562.02
Delivery charge per order N/A included Included $ 2,600.00
For conversion Attachement #1,
purpose only, price Appendices A & B
CommentsN/AN/A
equates to form part of our
$1.8883/gallon.proposal.
Bid Tab - Page 4 of 4
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Invitation to Bid
Chemicals for use at the City of Ashland
Wastewater and Water Treatment Plants
Date of Release: Wednesday, May 8, 2024
Proposals are due by: 2:00:00 PM (PST), June 4, 2024
Contracting Agency: City of Ashland
Sole Point of Contact: Colton Cochran
Title: Procurement Specialist
Address: City of Ashland
20 E. Main Street
Ashland, OR 97520
Telephone: (541) 552-2290
Fax: (541) 488-5311
Email: colton.cochran@ashland.or.us
Page 1 of 32: ITB WWTP & WTP FY25 Chemicals
Table of Contents
Public Notice ......................................................................................................................................................... 3
Invitation to Bid .................................................................................................................................................... 4
General Conditions For Purchase Of Goods And Services .................................................................................. 8
Specifications For Purchase Of Goods And Services ......................................................................................... 10
Bid Information .................................................................................................................................................. 11
Chemicals for the Water & Wastewater Treatment Plants .............................................................................. 11
Bid Specifications and Bid Tables ...................................................................................................................... 13
Evaluation Process ............................................................................................................................................. 22
EXHIBIT A: Bid Form ........................................................................................................................................... 23
EXHIBIT B: Certificate of Compliance................................................................................................................. 24
EXHIBIT C: Goods and Services Agreement ...................................................................................................... 25
Exhibit D: Living Wage ........................................................................................................................................ 32
Page 2 of 32: ITB WWTP & WTP FY25 Chemicals
Public Notice
Invitation to Bid
Chemicals For Use At The Water & Wastewater Treatment Plants
Proposals are due by 2:00:00 PM (PST), June 4, 2024
The City of Ashland is seeking bids for nine (9) chemicals for use at the Water and Wastewater Treatment
Plants as specified in this Invitation to Bid (ITB). Bidders are encouraged to bid on any number of chemicals
-month contract for each
chemical to the lowest responsive and responsible bidder whose bid substantially complies with the
requirements and criteria set forth in the Invitation to Bid. The 12-month contract term will begin on July 1,
2024, and end on June 30, 2025.
Bid documents may be downloaded from the OregonBuys web procurement system. Any addenda that
may be issued relating to this ITB will be available from OregonBuys, and potential bidders are cautioned
to continuously monitor the site for updates and addenda.
Bidders are now able to submit their bids and/or responses online. Bids may also be delivered in hard
copy form to the City in accordance with the requirements outlined in the ITB.
All questions must be asked through OregonBuys where questions and answers will be available to all
bidders.
Bids must be received by 2:00:00 PM (PST), June 4, 2024, either digitally by submission through
OregonBuys or mailed to 20 E. Main Street, Ashland OR 97520. The bids will be opened at the time and
date of the deadline, and the City will record and make available the identities of the bidders. Bids will not
be available for inspection until after the evaluation process has been completed and the Notice of Intent
to Award has been issued.
Colton Cochran
Procurement Specialist
City of Ashland, Oregon
Colton.cochran@ashland.or.us
Published: Wednesday, May 8, 2024
Page 3 of 32: ITB WWTP & WTP FY25 Chemicals
Invitation to Bid
Invitation to Bid
Chemicals For Use at the Water & Wastewater Treatment Plants
Proposals are due by 2:00:00 PM (PST), June 4, 2024
The City of Ashland ("City") is accepting bids for the purchase of chemicals for use at the Water & Wastewater
treatment plants further referred to in this Invitation to Bid as "goods and services". All bids shall be subject
to the following conditions:
1. Time and Place for Receiving Bids: Bids must be received by the Purchasing Specialist by 2:00:00 PM (PST),
June 4, 2024. Bids may be submitted digitally through OregonBuys or delivered to 20 E. Main Street,
Ashland OR 97520. The bids will be opened at the time and date of the deadline, and the City will record
and make available the identities of the bidders. Bids will not be available for inspection until after the
evaluation process has been completed and the Notice of Intent to Award has been issued.
Bids must be identified as the title of the digital submission or on the outside of the envelope as follows:
Purchase of Chemicals for WWTP & WTP June 4, 2024
2. Schedule: In compliance with OAR 137-047-0255(2)(c)(A), the solicitation schedule is as follows:
Activity Date
Invitation to Bid Release May 8, 2024
st
1 Public Notice May 8, 2024
Deadline for submitting questions and requests for
May 30, 2024
additional information
ITB Protest Period Ends May 28, 2024
Bid Due Date Late bids will not be accepted June 4, 2024
Evaluation Process June 4 June 7, 2024
Contract Recommendation Upon completion of evaluation process
At least seven (7) days before the award of a public
Notice of Intent to Award
contract (allows for a 7-day protest period)
Contract Recommendation
June 18, 2024
Presented to City Council for approval if needed
Upon Council approval and at least seven (7) days
Public Contract Award after the Notice of Intent to Award has been
released
Contract Term July 1, 2024, to June 30, 2025
Any changes made to the closing date of the Invitation to Bid will be made in the form of a written addendum
and posted online.
Page 4 of 32: ITB WWTP & WTP FY25 Chemicals
3. Purchasing Specialist: The City of Ashland. Purchasing Specialist, Colton Cochran, is the sole point of
contact for this solicitation. All requests, questions, inquiries, and correspondence pertaining to this bid
should be directed to the Purchasing Specialist via the solicitation on OregonBuys.
4. Protests: Any prospective bidder who contends that the provisions of the contract documents or 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, must submit a written protest with the Purchasing
Specialist at least ten (10) days prior to the date on which the bids are due. Failure to file a protest will be
deemed a waiver of any claim by a bidder or prospective bidder that the procurement process violates any
the Ashland Municipal Code. If protests or inquiries or comments by bidders raise issues that require
clarification by the City, addenda will be issued by the Purchasing Specialist.
5. Disclaimer of Responsibility. The City will not be responsible for oral interpretations. Should a bidder find
discrepancies in, or omissions from, the contract documents, or be in doubt as to their meaning, such
bidder shall notify the person designated in paragraph 2. Any and all such revisions made to the
specifications in the Invitation to Bid, will only be made in the form of written addenda which, if issued,
will be made available to all prospective bidders on OregonBuys not less than 72 hours before the closing
time unless the addenda also extends closing. All addenda so issued shall be considered by the bidder in
preparing the bid, shall be submitted with the bid and shall become a part of the contract documents.
6. Specifications: Specifications for the goods and services are included in the Invitation to Bid. Any
deviations from the specifications shall be identified in the bid utilizing the method outlined in paragraph
GC17 of the general conditions/specification documents. Reference to brand names in the specifications
are utilized to describe the type and quality of item required. Bidders are not limited to the brand specified
but may submit any brand of equivalent type and quality. Any deviations from the specifications, however,
shall be identified in the bid, and City reserves the right to reject a bid on the basis of deviations or brands
which are not equivalent in type or quality.
7. General Conditions: The City's general conditions for purchase of goods and services are attached to and
incorporated in this Invitation to Bid. Any bid that attempts to modify or abrogate any of the general
conditions including, but not limited to, provisions on warranties may be rejected as nonresponsive.
8. Addenda: If it becomes necessary to revise any part of the bid documents, written addenda will be
provided and posted on OregonBuys. Receipt of an addendum by a bidder must be acknowledged by
signing and returning the document with the bid form.
8.1. Bidders shall complete the bid forms provided by the City. All pages of the bid forms must be left in
proper sequence. Bids may be rejected as nonresponsive if they are altered, incomplete, conditional,
or otherwise irregular.
8.2. If the bid is submitted by a partnership, it must be signed by a partner. If the bid is submitted by a
corporation, it must be signed by a corporate officer and be accompanied by proof of authority to
sign.
8.3. The bid must include Exhibit B, a statement on whether or not the bidder is a resident bidder as
defined in ORS 279A.120(1). "Resident bidder" means a bidder who has paid unemployment taxes or
income taxes in this state during the 12 calendar months immediately preceding submission of the
Page 5 of 32: ITB WWTP & WTP FY25 Chemicals
bid, has a business address in this state and has stated on the bid that the bidder is a "resident bidder".
The Certificate of Compliance statement included with this Invitation to Bid is required to be signed
and will satisfy this requirement.
9. Requirements of Contract Documents: Each bidder must examine the general conditions, specifications
and other contract documents and take such other reasonable and prudent actions that the bidder deems
necessary to ascertain the requirements of the contract documents. A bidder shall not at any time, after
submission of its bid, assert that there was any misunderstanding concerning the nature, quality or
description of the goods and services to be supplied.
10. Withdrawal of Bids: Any bid may be withdrawn at any time prior to the time set for opening bids, by
providing a written request for withdrawal of the bid to the Purchasing Specialist. The request shall be
executed by the bidder or a duly authorized Specialist. All bids shall be irrevocable for a period of 60 days
from the day of opening.
11. Acceptance of Bid: The City may reject any bid if the City determines that the bidder has an interest in
more than one bid; there is collusion between bidders; the bid is not responsive; the bid is not in
compliance with the terms of the contract documents and all applicable public bidding laws, rules and
ordinances; or the bidder is not qualified to provide the goods and services covered by the contract
documents.
11.1. Pursuant to ORS 279A.120(2)(b), to determine the lowest responsive bid, the City will add a percent
increase on 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.
11.2. Terms or discounts which are conditioned upon payment within a certain time will not be considered
for the purposes of comparison of bids.
11.3. Pursuant to ORS 279A.120(2)(a), the City shall give preference to goods and services manufactured
or produced in Oregon if price, availability, and quality are otherwise equal.
11.4. Pursuant to ORS 279B.055(2)(f), contractors shall use recyclable products to the maximum extent
economically feasible in the performance of the contract work set forth in this Invitation to Bid.
11.5. Pursuant to ORS 279A.125, the City shall give preference to goods that are certified to be made from
recycled materials if the recycled product is available, meets applicable standards, can be substituted
for a comparable non recycled product; and the recycled products costs do not exceed the costs of
non-recycled products by more than five percent, or a higher percentage if a written determination
is made by the City.
11.6. Pursuant to ORS 282.210, all printing, binding, and stationery work done for the City shall be
performed within the State of Oregon.
11.7. Pursuant to ORS 279B.060(2)(g), if required under ORS 468A.710, the contractor or subcontractor is
required to possess an asbestos abatement license.
Page 6 of 32: ITB WWTP & WTP FY25 Chemicals
11.8. Pursuant to ORS 279B.100, the City reserves the right to cancel or reject any or all bids if the City finds
that it is in the public interest to do so without liability to any bidder for any loss or expense caused
or resulting from the cancellation or rejection of a bid or award.
12. Award of Contract. If the City awards a contract, the City shall award the contract to the lowest
responsible and responsive bidder whose bid substantially complies with the requirements and criteria set
forth in the Invitation to Bid and with all prescribed public procurement procedures and requirements. A
multiple award may be made if an award to two or more bidders of similar goods and services is necessary
for adequate availability, delivery, service, or product compatibility. In addition, any other public agency
wishing to use the resulting contract may be authorized by mutual consent of the City of Ashland and the
contractor pursuant to ORS 279A.215.
12.1. Responsive Bid: A bid that fully conforms in all material respects to the Invitation to Bid and all its
12.2. Responsible Bid: A business entity or individual who has the capability and financial and technical
capacity to perform the requirements of the solicitation and subsequent contract as described in ORS
Page 7 of 32: ITB WWTP & WTP FY25 Chemicals
General Conditions For Purchase Of Goods And Services
1. Contract Documents: The contract documents are complementary. A requirement in one of the contract
documents is as binding as though occurring in all. In the event of any inconsistency in the terms of the
contract documents the following order of precedence shall govern unless otherwise stated:
1. Specifications
2. These general conditions
3. Invitation to Bid/Contract
4. The bid.
The apparent silence of the contract documents as to any detail shall be regarded as meaning that only the
best practice is to prevail and that only goods and services of the highest quality are to be provided by the
bidder.
2. New Goods and Materials: All goods and materials shall be new unless otherwise specified in the special
provisions or specifications.
3. Payment: Payment shall be made by the City within thirty days after the City has inspected the goods or
has had a reasonable opportunity to do so. The City may reserve payment until all goods and services are
received.
4. Risk of Loss:
facility and are approved after inspection by the City.
5. Inspection: Goods and services furnished under this contract shall be subject to inspection and testing by
the City at times and places determined by the City. If City determines that the goods and services are not
in compliance with the specifications, City may reject the goods and services and require Bidder to either
cure defects or make an equitable price reduction. If Bidder refuses to cure defects within a time deemed
reasonable by City, City may cancel the contract or enforce City's remedies for default. Nothing in this
or enforce any other remedies under ORS Chapter 72.
6. Safety and Health Requirements: Goods and services shall comply with all federal Occupational Health
and Safety (OSHA) requirements and with all Oregon safety and health statutes and administrative rules
including, but not limited to, those of the Workers' Compensation Department.
-004-9800(6) shall be
submitted to the City before the chemicals are delivered.
7. Taxes: City generally is not subject to taxation. The Bidder shall be responsible for paying all taxes on the
sale of the goods and services, except fuel taxes included in the bid price.
8. Compliance with Law: This agreement will be governed by and construed in accordance with the laws of
the State of Oregon. Each party agrees that it will perform its obligations hereunder in accordance with all
applicable state, federal and local laws, rules, and regulations now, or hereafter in effect. Bidder shall
comply with applicable provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530. Bidder is a "subject
Page 8 of 32: ITB WWTP & WTP FY25 Chemicals
employer" as defined in ORS 656.005. Bidder shall comply with all applicable workers' compensation laws
including, but not limited to, ORS 656.017.
9. Patented Goods and services: Bidder shall defend, indemnify and hold City harmless from any claims for
infringement of patent arising out of City's use of the goods and services.
10. Severability: If any provision of the contract documents shall be held to be invalid or unenforceable, such
invalidity or unenforceability shall not affect any other provision of the contract documents. The contract
documents shall be construed as if such invalid or unenforceable provision had never been included.
11. No Waiver: No provision of the contract documents shall be deemed waived unless such waiver is in
writing and signed by the party claimed to have waived its rights. Any waiver of a breach by any party,
whether expressed or implied, shall not constitute waiver of any other different or subsequent breach.
12. Successors: The successors, assigns and legal specialists of Bidder and City shall be subject to all provisions
agreement without prior written consent of the City.
13. Indemnification: Bidder shall defend, indemnify and save City, its agents, and employees harmless from
any and all losses, claims, actions, costs, or other damages resulting from injury to any person or damage
to property, of whatsoever nature arising out of or incident to the performance of this agreement by Bidder
or defects in the goods and services. The Bidder shall not be held responsible for any losses, claims, actions,
costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of the City.
14. Notices: Any notice required to be given under this contract, or any notice required to be given by law,
shall be in writing and shall be given by personal delivery or by registered or certified mail, to Bidder at the
address stated in the bid form or to City at the address of the Purchasing Specialist stated in the Invitation
to Bid.
15. Entire Agreement: The contract documents are the entire, final, and complete agreement of the parties
and supersede all prior and existing written or oral understandings except as otherwise continued in effect
by the terms of the contract documents. No modification of the contract documents shall be valid unless
in writing and signed by the parties.
16. Acceptance of Specifications: Bidders must satisfy themselves by personal examination of the
specifications and by such other means as they prefer, as to the actual conditions and requirements of the
specifications and shall not at any time, after submission of the bid, dispute, complaint, or assert that there
was any misunderstanding in regard to the nature, quality or description of the item to be supplied. The
bidder must submit with its bid a statement accepting each and every specification or accepting each and
every specification not otherwise accepted under paragraph 17 of this section.
17. Exceptions: The bidder may take exception to any standard of these specifications. The prospective bidder
who cannot meet each and every requirement of the specifications need not be considered unqualified to
submit a bid. By taking exceptions and clearly stating them, in writing, on a separate sheet of paper headed
"EXCEPTIONS", and by offering alternatives to replace excepted requirements, a bidder may still compete
in the process.
Page 9 of 32: ITB WWTP & WTP FY25 Chemicals
Specifications For Purchase Of Goods And Services
1. Acceptance: Bidders must satisfy themselves by personal examination of the specifications and special
provisions, and by such other means as they prefer, as to the actual conditions and requirements of the
specifications and special provisions of the contract documents, and shall not at any time, after submission
of the bid, dispute, complain, or assert that there was any misunderstanding in regard to the nature, quality
or description of the item to be supplied.
2. Exceptions: The bidder may take exception to any standard of this specification. The prospective bidder
who cannot meet each and every requirement of the specifications need not be considered unqualified to
submit a bid. By taking exceptions and clearly stating them, in writing, on a separate sheet of paper headed
"EXCEPTIONS", and by offering alternatives to replace excepted requirements, a bidder may still compete
in the process.
3. Specifications: The specifications for the goods and services to be supplied are attached to this document.
Page 10 of 32: ITB WWTP & WTP FY25 Chemicals
Bid Information
Chemicals for the Water & Wastewater Treatment Plants
Specifications
The City of Ashland, and its Wastewater Treatment Plant (WWTP) and Water Treatment Plant (WTP) are
requesting bids for a total of nine (9) chemicals as individually specified. Six (6) of the chemicals are required
by the WTP, and three (3) of the chemicals are required by the WWTP. Bidders are encouraged to submit bids
for any number of individual chemicals they are able to provide as specified.
Six (6) of the chemicals will allow for substitutions or equivalents as specified. The remaining three (3)
maintaining quality control and meeting p
consideration, provided the substitutions are appropriate for the application, and they are of equal quality and
quantity. The City reserves the right to reject a bid if the item being provided as a substitution is determined
by the City to not be of equal quality and quantity and/or to not be appropriate for the application.
The following general specifications apply to ALL the specified chemicals.
Bids
Pricing shall be submitted in such a way as to show the breakdown of all applicable and related costs for each
individual chemical. Costs not included in the bid will be subject to non-payment by the City of Ashland. Bids
shall be submitted directly on the spec/cost sheets included in this Invitation to Bid.
The Bid Form attached as Exhibit A is required to be completed, signed, and included with the bid being
submitted in response to this Invitation to Bid.
Contract
-month contract for each chemical to the lowest responsive and
responsible bidder for a term beginning July 1, 2024, and ending June 30, 2025.
The successful bidder(s) will be required to meet the highest standards prevalent in the industry, promptly
execute a contract, agree to provide the chemicals as specified and submit the required proof of insurance.
The Certificate of Compliance statement attached as Exhibit B is required to be signed and included with the
bid being submitted in response to this Invitation to Bid.
Purchase Orders
Purchase orders will be issued individually for each chemical for the 12-month contract term.
Page 11 of 32: ITB WWTP & WTP FY25 Chemicals
Orders
Orders for chemicals for the WTP will be placed by the Water Treatment Plant Supervisor and chemicals for
the WWTP will be placed by WWTP personnel. Suppliers shall provide order confirmations within 24 hours
after receipt of order.
Deliveries shall arrive within seven (7) days after receipt of order, except for routine scheduled deliveries
and/or an emergency order, which will be coordinated by the WTP, Water Treatment Plant Supervisor or
WWTP personnel.
-four (24) hour notice.
Delivery Requirements
Each chemical will be delivered FOB ASHLAND (mandatory/no exceptions).
WTP
The delivery location for the Sodium Hypochlorite, Soda Ash and Alum is directly at the WTP (above Lithia Park)
no exceptions. There is limited access above Lithia Park - delivery truck is acceptable. Accessibility
will need to be verified and confirmed.
The delivery location for the remaining chemicals specified for the WTP, is preferred directly at the WTP;
however, an acceptable secondary location is the City of Ashland, Service Center, located at 90 N. Mountain
Avenue, Ashland, OR 97520.
Deliveries for the WTP shall be arranged to arrive before 12:00 PM (PST), Monday-Friday. WTP/Sodium
Hypochlorite shall be delivered to the WTP no later than 11:00 AM (PST).
WWTP
All chemicals ordered for the WWTP will be delivered directly to the WWTP located at 1195 Oak Street,
Ashland, Oregon. Forklift available upon request.
WWTP has slightly limited access and tight turns. The driver will need to make a 3 point turn to turn around
the tight turns located within facility.
Deliveries for the WWTP shall be arranged to arrive between 6:00 AM and 12:00 PM (PST), Monday-Friday, at
the WWTP.
Safety Data Sheets
The City of Ashland must retain the most current SDS (Safety Data Sheets) for all chemicals. If revisions or
updates are made to any SDS the City of Ashland requires that these are sent (email will suffice) when
corresponding chemical is shipped. All new c
first delivery.
Page 12 of 32: ITB WWTP & WTP FY25 Chemicals
Bid Specifications and Bid Tables
The following chemicals are to be provided and delivered as specified. The quantities being provided are the
best estimates available at this time. Bidders to provide the information being requested on the individual
chemical spec/cost sheets. Supplemental information may be submitted separately with the bid documents.
Due to the strict standards of maintaining consistent water quality at the WTP, the City will not accept
substitutions and/or equivalents for Chemical #3: CYTEC Superfloc N-300 LMW Flocculant. The only catonic
polymer coagulant aids approved for Chemical #2 are CYTEC Superfloc C-573 Flocculant and Polydyne MOE 106
PWG Flocculant.
Chemical #1: WTP (Water Treatment Plant)
ALUMINUM SULFATE ECO SERVICES -OR- CASCADE COLUMBIA (No Substitutions)
Aluminum Sulfate must meet the following specifications:
1. Percent Concentration Commercial Alum Approximately 48%
2. Total soluble AL2O3 8.3%.
3. Must meet A.W.W.A. specifications for potable water.
4. Estimated annual usage 650,000+/- Lbs. (58,500 Gallons) per year.
5. Currently, an order is placed on average for 4,500 + gallons, thirteen (13) +/- orders per year.
6. Delivery will be required directly at the WTP (located above Lithia Park) limited access above
Lithia Park - delivery truck is acceptable. Accessibility will need to be verified and
confirmed.
7. Bids must be in the form of dollars per dry ton.
Manufacturer
Number of lbs. per gallon in solution
Number of dry lbs. per gallon Alum
Firm pricing for term July 1, 2024 June 30, 2025
Price per dry ton
Cost per order: 4,500 gallons
Delivery charge per order
Comments
In case of emergency only - NOT acceptable for routine deliveries specified above. Price to include all
applicable freight and surcharges for delivery as specified above (#6) and return of empty totes on the next
tote delivery. No tote deposits.
Firm pricing for term July 1, 2024 June 30, 2025
Price per Tote (300-330 gallons per tote) :
Cost per order (6) Totes:
Delivery charge per order:
Page 13 of 32: ITB WWTP & WTP FY25 Chemicals
Chemical #2: WTP (Water Treatment Plant)
SODIUM HYPOCHLORITE 12.5%+, LOW SALT, FILTERED
Sodium Hypochlorite 12.5%, Low Salt, Filtered must meet the following specifications:
Sodium Hypochlorite must be filtered to 2-3 microns.
A Certificate of Analysis from each manufactured batch shall accompany each shipment of Sodium
Hypochlorite. These batch analyses shall include but are not limited to the following: 1) Product Name, 2) Batch
Identification, 3) Specific Gravity, 4) % Sodium Hypochlorite by weight, 5)% Excess Caustic by weight, 6) Vacuum
Filter Test Time, 7) Date of batch.
described at http://www.powellfab.com/technical_information/preview/suspended_solids_test.aspx.
A 1000 ml sample must go through a 47mm, 8 µ filter (Millipore - #AAWP04700) in less than three (3) minutes
+/- 10%, using a vacuum pump that produces between 22 and 25 inches of vacuum. PSI should be -22 to -25.
Powell Fabrication) Purchaser can refuse delivery of any product which requires more than three minutes
filtration time in this test.
1. Must meet A.W.W.A. specifications for potable water.
2. Estimated annual usage July through June 19,800 Gallons.
3. Currently an order is placed for five (5) totes @ 300-330 gallons per tote, thirteen (13 +/- orders
per year.
4. Delivery will be required directly to the City of Ashland, Water Treatment Plant (located above
Lithia Park) limited access above Lithia Park - delivery truck is acceptable. Accessibility
will need to be verified and confirmed. No exception.
5. No Tote Deposit. Delivered by tote and pumped immediately into tanks at time of delivery. Empty
totes are then immediately available to be returned on an empty delivery truck.
6. Deliver in 300330gallon totes.
7. Labeling must include NSF certification symbols on product containers.
8. Bids must be in the form of dollars per gallon.
Manufacturer
Number of gallons per tote
Firm pricing for term July 1, 2024 June 30, 2025
Price per gallon
Cost per tote
Cost per load/order - (5) Totes
Delivery charge per order
Comments:
Page 14 of 32: ITB WWTP & WTP FY25 Chemicals
CHEMICAL #3: WTP (Water Treatment Plant)
CYTEC SUPERFLOC C-573 FLOCCULANT OR- POLYDYNE MOE 106 PWG FLOCCULANT (No Substitution)
Cytec Superfloc C-573 Flocculant or Polydyne MOE 106 PWG Flocculant must meet the following specifications:
1. Must meet A.W.W.A. specifications for potable water.
2. Estimated annual usage July through June 24 drums, 500 Lbs. per drum (12,000 Lbs.).
3. Currently an order is placed for four (4) drums every six (6) weeks on average year- round, nine
(9) +/- orders per year.
4. Prefer delivery directly at the WTP (located above Lithia Park) limited access above Lithia Park
- delivery truck is acceptable. Accessibility will need to be verified and confirmed. An
acceptable secondary delivery location is the City of Ashland, Service Center, 90 N. Mountain
Avenue, Ashland, Oregon, 97520. A forklift can be provided by the City.
5. Deliver 500 Lb. drums, four (4) drums per pallet, on jackable pallets.
6. Bids must be in the form of dollars per pound (Lb.).
7. Labeling must include NSF certification symbols on product containers.
Manufacturer
Firm pricing for term July 1, 2024 June 30, 2025
Price per pound (Lb.)
Cost per 500 Lb. drum
Cost per order (4) each 500 lb. drums
Delivery charge per order
Comments
Page 15 of 32: ITB WWTP & WTP FY25 Chemicals
CHEMICAL #4: WTP (Water Treatment Plant)
CYTEC SUPERFLOC N-300 LMW FLOCCULANT (No Substitution)
Cytec Superfloc N-300 LMW Flocculant must meet the following specifications:
1. Must meet A.W.W.A. specifications for potable water.
2. Estimated annual usage July through June 24 bags, 25 kg, or 55.12 Lbs. per bag (1,322.88 Lbs.).
3. Currently an order is placed for eight (8) bags every sixteen (16) weeks on average year-round, six (6)
+/- orders per year.
4. Prefer delivery directly at the WTP (located above Lithia Park) limited access above Lithia Park
+/- delivery truck is acceptable. Accessibility will need to be verified and confirmed. An acceptable
secondary delivery location is the City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland,
Oregon, 97520. A forklift can be provided by the City.
5. Deliver eight (8) bags per pallet, 25 kg, or 55.12 Lb. per bag, on pallet jackable pallets.
6. Bids must be in the form of dollars per pound (Lb.).
7. Labeling must include NSF certification symbols on product container.
Manufacturer
Firm pricing for term July 1, 2024 June 30, 2025
Price per pound (Lb.)
Cost per 25 kg or 55.12 Lb. bag
____lb. bag
Cost per order (8) bags
Delivery charge per order
Comments
Page 16 of 32: ITB WWTP & WTP FY25 Chemicals
CHEMICAL #5: WTP (Water Treatment Plant)
SODA ASH, DENSE, FREE FLOWING
Soda Ash, Dense, Free Flowing must meet the following specifications:
1. Must meet A.W.W.A. specifications for potable water.
2. Must meet ANSI/NSF-60 specifications for potable water.
3. Estimated annual usage July through June 2,800 bags, 50 Lbs. per bag, (48 pallets/140,000 Lbs.).
4. Currently an order is placed for 270 bags, (5) pallets, 54 bags per pallet, 50 Lbs. per bag, every 3 to 4
weeks on average year-round, thirteen (13) +/- orders per year.
5. Delivery required directly at the WTP (located above Lithia Park) limited access above Lithia Park
- delivery truck is acceptable. Accessibility will need to be verified and confirmed.
6. Deliver 54 bags per pallet, 50 Lbs. per bag, on pallet jackable pallets.
7. Labeling must include NSF certification symbols on product containers.
8. Bids must be in the form of dollars per pound (Lb.).
Manufacturer
Number of pounds (lbs.) per bag
Number of bags per pallet
Firm pricing for term July 1, 2024 June 30, 2025
Price per pound (lb.)
Cost per order
270 bags, (5) pallets
Delivery charge per order
Comments:
Page 17 of 32: ITB WWTP & WTP FY25 Chemicals
CHEMICAL #6: WTP (Water Treatment Plant)
Granular Algaecide / Fungicide, Free Flowing must meet the following specifications:
1. The primary ingredient must be greater than or equal to 85% of the product.
2. Must meet State and Federal aquatic use requirements.
3. Product must be packaged in moisture proof plastic sacks. (Mandatory for storage purposes.)
4. Estimated annual usage is dependent on algae blooms June through October 360 bags, 50 Lbs.
per bag, (10.5 pallets/18,000 Lbs.).
5. 5) Currently an order is placed for 160 bags, (4) pallets, 40 bags per pallet, 50 Lbs. per bag, every
3 to 4 weeks on average in summer months.
6. 6) Deliver to the City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, Oregon, 97520.
The City can provide a forklift.
7. 7) Deliver 40 bags per pallet, 50 Lbs. per bag, on pallet jackable pallets.
8. 8) Bids must be in the form of dollars per pound (Lb.).
9. 9) City reserves the right to not purchase the product due to lack of algae blooms.
10. 10) Typical treatment: 6,000+ Lbs., 1-5 times per year.
Manufacturer
Number of pounds (lbs.) per bag
Number of bags per pallet
Firm pricing for term July 1, 2024 June 30, 2025
Price per pound (lb.)
Cost per order
160 bags, (4) pallets
Delivery charge per order
Comments:
Page 18 of 32: ITB WWTP & WTP FY25 Chemicals
CHEMICAL #7: WWTP (Wastewater Treatment Plant)
SODIUM HYPOCHLORITE 12.5%
Sodium Hypochlorite 12.5% must meet the following specifications:
1. Estimated usage July through June (8-12) Totes, 275-330 gallons per tote, 3,960 gallons (if 330
gal/tote).
2. Currently an order is placed for 2-3 totes per order.
3. Deliver to the City of Ashland, Wastewater Treatment Plant, located at 1195 Oak Street, Ashland,
Oregon. Totes need only to be dropped off at WWTP, no pumping is required. The City can provide a
forklift.
4. not fit within the
facility.
5. Bids must be in the form of dollars per gallon.
6. No tote deposits.
7. Empty totes to be returned to the sender when new totes arrive at facility.
Manufacturer
Number of gallons per tote
Firm pricing for term July 1, 2024 June 30, 2025
Price per gallon
Cost per tote
Cost per load/order - (2) Totes
Delivery charge per order
Comments:
Page 19 of 32: ITB WWTP & WTP FY25 Chemicals
CHEMICAL #8: WWTP (Wastewater Treatment Plant)
Citric Acid 50%
Citric Acid 50% must meet the following specifications:
1. Estimated annual usage July through June - (8-12) Totes, 275-330 gallons per tote, 3,960 gallons (if
330 gal/tote).
2. Orders will be placed for 2-3 totes per order.
3. Deliver to the City of Ashland, Wastewater Treatment Plant, located at 1195 Oak Street, Ashland,
Oregon. Totes need only to be dropped off at WWTP, no pumping is required. The City can provide a
forklift.
4. not fit within the
facility.
5. Bids must be in the form of dollars per gallon.
6. No tote deposits. Empty totes to be returned to sender when new totes arrive at facility.
7. Deliver to the City of Ashland, Wastewater Treatment Plant, located at 1195 Oak Street, Ashland,
Oregon. The delivery tank truck must be equipped with all proper hoses and equipment for unloading
6,000-gallon tank, to include its own air supply, and ability to connect to
.
Manufacturer
Number of gallons per tote
Firm pricing for term July 1, 2024 June 30, 2025
Price per gallon
Cost per tote
Cost per load/order - (2) Totes
Delivery charge per order
Comments:
Page 20 of 32: ITB WWTP & WTP FY25 Chemicals
CHEMICAL #9: WWTP (Wastewater Treatment Plant)
ALUMINUM SULFATE (4,500 Gallon delivery pumped into 8,000-gallon tank)
Aluminum Sulfate must meet the following specifications:
1. Percent Concentration Commercial Alum Approximately 48.8%
2. Total soluble AL2O3 8.3%.
3. Must meet A.W.W.A. specifications.
4. Estimated annual usage April through November - 90,000-110,000 gallons.
5. Currently, an order is placed for 4,000 - 4,500 gallons every two (2) weeks during the months of April
through November. During the months of December through March an order will be placed once or
twice a month. (20-24 orders per year)
6. Deliver to the City of Ashland, Wastewater Treatment Plant, located at 1195 Oak Street, Ashland,
Oregon. The delivery tank truck must be equipped with all proper hoses and equipment for unloading
6,000-gallon tank.
7.
not fit within facility
8. Bids must be in the form of dollars per dry ton.
Manufacturer
Number of lbs. per gallon in solution
Number of dry lbs. per gallon Alum
Firm pricing for term July 1, 2024 June 30, 2025
Price per dry ton
Cost per order
4,500 gallons
Delivery charge per order
Comments:
Page 21 of 32: ITB WWTP & WTP FY25 Chemicals
Evaluation Process
This Invitation to Bid allows multiple contracts to be awarded; one for each individual chemical to the lowest
responsible bidder whose bid substantially complies with the requirements and criteria set forth in the
Invitation to Bid and with all prescribed public procurement procedures and requirements.
-month contracts for each chemical to the lowest responsive and
responsible bidder for a term beginning July 1, 2024, and ending June 30, 2025.
The City of Ashland may reject any bid not in compliance with all prescribed solicitation procedures and
findings that it is in the best interest of the City of Ashland.
The contract recommendations will be presented to the City Council, acting as the Local Contract Review Board,
for final approval on June 18, 2024.
Page 22 of 32: ITB WWTP & WTP FY25 Chemicals
EXHIBIT A: Bid Form
City of Ashland
20 E Main Street
Ashland, Oregon 97520
(541) 552.2290
FAX (541) 488-5311
I, the undersigned, an authorized representative of the bidder whose name is:
Company name:
Address:
City, State & Zip:
Telephone: Email:
have read and thoroughly understand the contract documents including the Invitation to Bid, general
conditions, special conditions, specifications, and all other conditions of the Invitation to Bid issued by the City
of Ashland for CHEMICALS FOR USE AT THE WATER & WASTEWATER TREATMENT PLANTS.
Acting on behalf of my firm which is listed above, I do attest that the goods and services offered by this firm
meets the City's specifications in every respect except those described on the attached list of exceptions, and
that all exceptions are equal to, or better than, the goods and services specified.
Barring circumstances beyond our control, we agree to deliver chemical(s) as specified after receipt of order.
This bid is set forth as follows: (Note: Pricing and information shall be provided as requested and required on
the individual specification sheets for each chemical.)
I have attached to this bid a copy of all the bid documents issued by the City of Ashland for this bid.
Corporate Officer:
By:
Signature
Print Name
Title:
Date:
Page 23 of 32: ITB WWTP & WTP FY25 Chemicals
EXHIBIT B: Certificate of Compliance
Residency Statement:
In compliance with ORS 279B.060(10), each bid must contain a statement as to whether the bidder is a
unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding
submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a
______
______
I am domiciled in the State of (Indicate State)
Compliance with Oregon Tax Laws:
In compliance with OAR 137-047-0255(2)(c)(C)(e), I hereby attest or affirm under penalty of perjury: That I am
authorized to act on behalf of the contractor in this matter, that I have authority and knowledge regarding the
payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws,
as defined in ORS 305.380.
Compliance with Nondiscrimination Laws:
In compliance with ORS 279A.110(4), I hereby attest or affirm under penalty of perjury that I am authorized to
act on behalf of contractor in this matter, and to the best of my knowledge the contractor has not discriminated
against minority, women or emerging small business enterprises in obtaining any required subcontracts, and
that the Bidder is not in violation of any Discrimination Laws.
Corporate Officer:
By:
Signature
Print Name
Title:
Date:
Page 24 of 32: ITB WWTP & WTP FY25 Chemicals
EXHIBIT C: Goods and Services Agreement
Goods and Services Agreement
City Information Contractor Information
City of Ashland Firm Name:
Attn: Contact:
20 East Main Street Address:
Ashland, Oregon 97520
Phone: Phone:
Email: Email:
Contract Summary
Procurement Method:
Completion Date:
Contract Amount: Enter $ amount Spell out Amount
Description of Services:
Supporting Documents: Dated:
Dated:
Dated:
Dated:
This Goods and Services Agreement
Ashland, an Oregon municipal corporation (hereinafter "City") and the Contractor listed under Contractor
Supporting Documents as noted in the Contract Summary above.
This Agreement and the Supporting Documents shall be construed to be mutually complimentary and
supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of
this Agreement itself shall control over any conflicting provisions in any of the Supporting Documents. In the
event of conflict between provisions of the Supporting Documents, the Supporting Documents shall be given
precedence in the order listed above. The Contractor's initials \[_____\] herein signify acknowledgment and
agreement to this
The goods and services defined and described in the Supporting Documents shall hereinafter be collectively
Page 25 of 32: ITB WWTP & WTP FY25 Chemicals
1.Term and Termination
1.1. Term. This Agreement shall be effective from the date of execution on behalf of the City as set forth
indicated in the Contract Summary on page one of this Agreement unless sooner terminated as
provided in Subsection 1.2.
1.1. Time is of the essence.
every obligation and duty under this Agreement. City, by written notice to Contractor of default
or breach, may at any time terminate the whole or any part of this Agreement if Contractor fails
to provide the Work called for by this Agreement within the time specified herein or within any
extension thereof.
1.2. Termination
1.2.1. The City and Contractor may terminate this Agreement by mutual agreement at any time.
1.2.2.
for any reason deemed appropriate in its sole discretion.
1.2.3.
prior written notice if the cause is not cured within that fourteen (14) day period after written
notice. Such termination is in addition to and not in lieu of any other remedy at law or equity.
2. Compensation
2.1.
one of this Agreement as provided herein as full compensation for the Work as specified in the
supporting documents.
2.2. In no event shall Contractor's total of all compensation and reimbursement under this Agreement
the appropriate Department Head or City Manager. Contractor acknowledges that any work delivered,
or expenses incurred without authorization as provided herein is done at Contractor's own risk and
as a volunteer without expectation of compensation or reimbursement.
3. Contractor's Obligations
3.1. Performance. Provide the goods or services as set forth in the Supporting Documents attached
hereto and, by this reference, incorporated herein.
3.2. Nondiscrimination. Contractor agrees that no person shall, on the grounds of race, color, religion,
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 Agreement when employed by Contractor. Contractor agrees to comply with all
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations. Further, Contractor agrees not to discriminate against a disadvantaged business
enterprise, minority-owned business, woman-owned business, a business that a service-disabled
veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding
subcontracts as required by ORS 279A.110.
Page 26 of 32: ITB WWTP & WTP FY25 Chemicals
3.3.Subcontractor Notification.In all solicitations either by competitive bidding or negotiation made by
Contractor 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 Contractors of
other federal nondiscrimination laws.
3.4. Living Wage Requirements. If the amount of this Agreement is $25,335.05 or more, Contractor is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as
defined in that chapter, to all employees performing Work under this Agreement and to any
Subcontractor who performs 50% or more of the Work under this Agreement. Contractor is also
by all employees.
4.
4.1. Contractor represents and warrants to the City that:
4.1.1. Contractor shall, throughout the term of this Agreement, including any extensions hereof,
comply with:
All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
chapters 316, 317, and 318;
Any tax provisions imposed by a political subdivision of the State of Oregon applicable to
Contractor; and
Any rules, regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
4.1.2. Contractor further certifies that contractor is not in violation of any Oregon tax laws referenced
in ORS 305.380(4).
4.2. Tax Compliance Breach.
all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material
as set forth in this Article
9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall
entitle the City to terminate this Agreement and to seek damages and any other relief available under
this Agreement, at law, or in equity.
5. Insurance. Contractor shall obtain and maintain during the term of this Agreement and until City's final
acceptance of all Work received hereunder, a policy or policies of liability insurance Each policy of such
insurance shall be on an "occurrence" and not a "claims made" form, and shall include:
5.1. Commercial general liability -- with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars) per occurrence and $3,000,000 (three million dollars) in the aggregate
for Bodily Injury and Property Damage.
Page 27 of 32: ITB WWTP & WTP FY25 Chemicals
5.2.Commercial Automobile Liability--with a combined single limit, or the equivalent of not less than
$1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including
coverage for owned, hired and non-owned vehicles.
5.3. Additional forms: _______________________________ (See Attached)
5.4.
compensation coverage for all of its subject workers. As evidence of the insurance required by this
Agreement, the Contractor shall furnish an acceptable insurance certificate prior to commencing any
Work with limits not less than $500,000.
5.4.1. If applicable, Contractor affirms and certifies that it is
Exemption criteria: Click or tap here to enter text.
Contractor initials if exempt: _________ Date: ___________
6. Additional Insured/Certificates of Insurance. The Contractor shall name the City of Ashland, Oregon,
along with its elected officials, officers, and employees, as Additional Insureds on all insurance policies
This
inclusion applies solely to the services provided by the Contractor under this Agreement. The Contractor's
insurance must be primary and non-contributory. Before commencing work, the Contractor must provide
acceptable insurance certificates as proof of the required coverage. These certificates must specify all
parties included as additional Insureds, treating each named and additional named insured as if they were
covered under separate policies, without increasing policy limits. Insuring companies or entities must be
accepted by the City. Upon request, the Contractor must provide complete copies of insurance policies
and trust agreements to the City. Additionally, the Contractor must provide an endorsement naming the
City, its officers, employees, and agents as additional insureds by the Effective Date of this Agreement,
accompanied by approved certificate(s) of insurance.
7. Indemnity. Contractor shall defend, save, hold harmless and indemnify the City and its officers,
employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities,
costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Contractor
or its officers, employees, contractors, or agents under this Agreement.
8. Notice
Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in
writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or
by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to
the addresses set forth above with a copy to:
City of Ashland Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5350
Page 28 of 32: ITB WWTP & WTP FY25 Chemicals
6.Remedies
6.1. In the event Contractor is in default of this Agreement, City may, at its option, pursue any or all of the
remedies available to it under this Agreement and at law or in equity, including, but not limited to:
6.1.1. Termination of this Agreement.
6.1.2. Withholding all monies due for the Work that Contractor has failed to deliver within any
scheduled completion dates or any Work that have been delivered inadequately or defectively.
6.1.3. Initiation of an action or proceeding for damages, specific performance, or declaratory or
injunctive relief.
6.1.4. These remedies are cumulative to the extent the remedies are not inconsistent, and City may
pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.
6.2. Default: The Contractor shall be in default of this Agreement if Contractor: commits any material
breach or default of any covenant, warranty, certification, or obligation under the Agreement;
institutes an action for relief in bankruptcy or has instituted against it an action for insolvency;
makes a general assignment for the benefit of creditors; or ceases doing business on a regular
basis of the type identified in its obligations under the Agreement; or, without written authorization
by the City, attempts to assign rights in, or delegate duties under, this Agreement.
6.3. Liability Limitation. In no event shall City be liable to Contractor for any expenses related to
termination of this Agreement or for anticipated profits. If previous amounts paid to Contractor exceed
the amount due, Contractor shall pay immediately any excess to City upon written demand provided.
7. General Provisions
7.1. Non-exclusive Agreement. City is not obligated to procure any specific amount of Work from
Contractor and is free to procure similar types of goods and services from other Contractors in its
sole discretion.
7.2. Independent Contractor Status. Contractor is an independent contractor and not an employee or
agent of the City for any purpose.
7.3. Statutory Requirements. The following laws of the State of Oregon are hereby incorporated by
reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235
7.4. Assignment. Contractor shall not assign this Agreement or subcontract any portion of the Work to
be provided hereunder without the prior written consent of the City. Any attempted assignment or
subcontract without written consent of the City shall be void. Contractor shall be fully responsible for
the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the
approval by the City of any assignment or subcontract shall not create any contractual relation
between the assignee or subcontractor and the City.
7.5. Force Majeure. Neither party to this Agreement shall hold the other responsible for damages or delay
in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control
Page 29 of 32: ITB WWTP & WTP FY25 Chemicals
7.6.Deliveries F.O.B destination.Contractor shall pay all transportation and handling charges for the
Goods. Contractor is responsible and liable for loss or damage until final inspection and acceptance
of the Goods by the City. Contractor remains liable for latent defects, fraud, and warranties.
7.7. Goods Rejection. The City may reject non-conforming Goods and require Contractor to correct them
without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure any
defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole
Commercial Code, ORS Chapter 72 (UCC).
7.8. Goods Warranty Representation. Contractor represents and warrants that the Goods are new,
current, and fully warranted by the manufacturer. Delivered Goods will comply with Supporting
Documents and be free from defects in labor, material and manufacture. Contractor shall transfer all
warranties to the City.
7.9. Waiver of Breach.
any provision, term, condition, or covenant contained in this Agreement shall not be construed as a
waiver of any subsequent breach, whether or not of the same nature.
7.10. Jurisdiction. This Agreement 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 this Agreement
shall be in the Circuit Court of the State of Oregon for Jackson 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. Each party expressly waives any and all rights to maintain an action under this Agreement
in any other venue, and expressly consents 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.
7.11. Severance. If any provision of this Agreement is found by a court of competent jurisdiction to be
unenforceable, such provision shall not affect the other provisions, but such unenforceable provision
shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest
extent permitted the intent of Contractor and the City set forth in this Agreement.
8. Merger. This agreement and the attached exhibits constitute the entire understanding and agreement
between the parties. No waiver, consent, modification or change of terms of this agreement shall bind
either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if
made, shall be effective only in the specific instance and for the specific purpose given. There are no
understandings, agreements, or representations, oral or written, not specified herein regarding this
agreement. Contractor, by signature of its authorized representative, hereby acknowledges that he/she
has read this agreement, understands it, and agrees to be bound by its terms and conditions.
WITNESS WHEREOF, the parties have executed this Agreement in their respective names by their duly
authorized representatives as of the dates indicated below. This Agreement may be executed in two
counterparts, each of which shall be deemed an original, with equal force and effect as if executed in a single
document.
Page 30 of 32: ITB WWTP & WTP FY25 Chemicals
CITY OF ASHLAND: XXXXXXXXXXXXXXXX (CONTRACTOR):
By: ___________________________________
By: _______________________________
Sabrina Cotta, Interim City Manager
Signature
____________________________________
________________________________
Printed Name
Printed Name
____________________________________
________________________________
Date
Title
_________________________________
Date
Purchase Order No. _______________________
(W-9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
____________________________________
City Attorney
Page 31 of 32: ITB WWTP & WTP FY25 Chemicals
Exhibit D: Living Wage
Page 32 of 32: ITB WWTP & WTP FY25 Chemicals
Est. # of
Cost/Order
Bidderorders for
FY25
FY25
Cytec Superfloc N-300 LMW
Chemical #4Flocculant Univar Solutions USA Inc.6$ 1,544.40
(No Substitutions)
SODIUM CARBONATE
PEROXYHYDRATE, FREE
Chemical #6Univar Solutions USA Inc.5$ 9,360.00
FLOWING ("GREENCLEARN"
OR EQUIVALENT)
Chemical #8CITRIC ACID 50%Univar Solutions USA Inc.12$ 4,591.44
Total Estimated for FY 2025
Total
Color Key
Estimated
Cost
Water Treatment Plant
$ 9,266.40
Waste Water
$ 46,800.00
Treatment Plant
$ 55,097.28
$ 111,163.68
SM