HomeMy WebLinkAbout2006-098 Agrmt - Jones Chemical
c
Edward J. Pabor, CPPC), C.P.M.
StotN SupervisorlBuyer
(541) 682-8642 (541) 68:1-8645 Fax
',-
City of Eugene
Public Works
Wastewater Division
410 River Avenue
Eugene, Oregon 97404
edward.j.pabor@ci.eugene,.or.us
http://www.ci.eugene.or.us
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Section 0082D-Page 1
pIlICE AGREEMENT
c
Public WC)rka
W~t8r DJvl8lon
City of Eu!~ne
410 River Avenue
Eugene, Oregon 97404
(541) 682-8642
(541) 682-8645 FAX
CITY OF EUGENE
PRICE AGREEMENT
No. 19001-06-001
Comm~ity: Uquid Chlorine and 802 . RFB: 2oo5Q009.4
Date Issued: July 01, 2005
Contractor: JCI-Jones Chemical Inc. Contract Period:
1919 Marine View Dr.
Tacoma Wa. 98422 From: July 1, 2005
To: August 1, 2006
Delivery: 5 Days from receipt of PO Terms: Net 30
FOB: Delivered
1. . Tenn - The length of this agreement is expected to be for one year effective upon
issuance of this price agreement. At the conclusion of the. contract period, the VEtndor's
performance will be evaluated. The City retains the option to extend the agreemunt as specified
below, Upon review of prices, performance, service, etc.
2. Renewal- This agreement may be renewed for one (1) additional one (1) year periods (or less)
upon mutual agreement of parties.
3. Cancellation - The agreement may be canceled prior to the specified termination date "by e~r the
City or the vendor upon presentation of 30 days' written notice but such terminatilon by the vendor
shall carry the penalty that the City may at its option elect to disqualify said vendc)r from bidding on
future requirements.
4. Invoicing - All invoices must be mailed to the appropriate agencies billing addrlHus listed in this
Section 0082o-Page 2
Price Agreement. Invoice is due and payable within thirty (30) calendar days from 1the invoice date.
5. Scope of Work - As determinec:lby specifications and response to RFS No. 2005()0094. Vendor's
. response to this RFS, as well as the original specifications are attached to and incclrporated as part
of this price agreement.
6. Material - All materials needed to complete the work, will be vendor's responsibilit)r.
7 . Consideration - Services to be provided shall be charged at the rate defined in th4~ proposers
response.
8. Standard Tenna and Conditions - The City of Eugene's Standard Contract Provi:sions
are attached and made part of this price agreement.
9. Requirements and Price Schedule - Vendor agrees to provide Uquid Chlorine and Sulfur Dioxide
to the City of Eugene and the listed participating agencies according to the price slchedule listed
below. Prices shall be firm till August 1, 2006, (unless current fuel prices or comnilodity market
justifies a cost decrease) and per.the specifications of RFSNo. 200500094.
onne nClng ue
Agency Container Yearly Usage Price E:xtended Price
(estimated) (Each)
City of Eugene 1 Ton Cylinder 130 $500 $ElS,OOO
EWES 1 Ton Cylinder 96 $500 ~~,OOO
City ~f Albany W TIP 1 Ton Cylinder 10 $550 $fi5OO
City of Albany 1 Ton Cylinder 54 $500 $~~7 ,000
City of Cottage Grove 1 Ton Cylinder 12 $550 $E5600
City of Sutherlin 1 Ton Cylinder 7 $550 $aS50
150 Lb Cylinder 14 $100 $'1400
Umpqua Basin Water .150 Lb Cylinder 70 $100 $~7000
Assoc.
City of Ashland 1 Ton Cylinder 18 $550 $!e900
Medford Water 1 Ton Cylinder 35 $500 $19,250
Commission
Chi' P .. Sched I
Cylinder Deposits: 150 Pound Cylinder $100
1 Ton Cylinder $750
City of Eugene 1 Ton Cylinder 35 $695 $,24,325
EWES 1 Ton Cylinder 1 $695 $695
SULFUR DIOXIDE PRICING SCHEDULE
Secticm 0082D-Page 3
Aaency & Contact Bllllna Add..... Dellvenr Address
City of Eugene City of Eugene 410 River Avenul9
'-6/).,4,14lJ~ Wastewater Division Eugene, OR 97404
(541) 682~2 410 River Avenue
(541) 682-8645 Fax Eugene, OR 97404
EWEB EWEB 3957 Hayden Bridge Road
Ed Case PO Box 10148 Springfield, OR U74n
(541) 484-4893 Eugene, OR 97440-2148
(541) 984-4717 Fax
City of Albany City of Albany 310 Waver1y Dril(e
Ben Phelps POBox 490 Albany, OR 973:!1
(541) 917-7600 x4614 Albany, OR 97321
(541) 917-7615 Fax
City of Cottage Grove City of Cottage Grove 1800 N. Dougla~s
Michael Owens 400 E. Main Cottage Grove, lOR 97474
(541) 942-31~2 Cottage Grove, OR 97424
(541) 942-1267 Fax
City of Suther1in City of Sutherlin 4306 Steams ulne
Lou Douglas 126 E. Central &
(541) 459-5768 Sutherlin, OR 97479 8801 Non Pariel Rd.
(541) 459-0025 Fax &
496 Edgewater Dr.
Sutherlin, OR 9~r479
Umpqua Basin Water Assoc. Umpqua Basin Water Assoc. 4972 Garden Vulley Rd.
Noel Groshong 4972 Garden Valley Rd. Roseburg, OR ~t7 470
(541) 672-5559 Roseburg, OR 97470
(541) 672-4909 Fax
City of Ashland City of Ashland Ashland Water 'Treatment Plant
Daryl McKey 20 E. Main
(541) 488-5345 Ashland, OR 97520 .
(541) 488-5320
Medford Water Commission Medford Water CommiSsion 8301 Table Roc:k Rd
Bob Noelle 200 S. Ivy St. White City, OR 97503
(541) 774-2434 Medford, OR 97501 &
(541) 774-2555 Fax 4800 Fis~ Lake Rd.
Butte Falls, OR 97522
~~
Jeffp.
PU~g . anager AlC
-
. PaOOr CPPO, C.P.M.
uyer
Attachmen~: RFB Response
Secticln 0082O-Page 4
EXHIBIT A
CITY OF EUGENE. STANDARD CONTRACT PROVISIONS
The following prov\sIona If appIicIbIe .. hereby Included In and made a part of the attached contract between the CIty of EUiIl8"8 and the Contrac:otor
named thereon .. provided for In the Eugene Code, 1971, the reviled atatutes of the State of Oregon, and Federal laws" rules, regulatlona, and
guidelines:
1. . Fair Employment PractIc:e ProvIsIons (Eugene Code, 1171, SectIon 4.825)
Theee provisions .. applicable to any contract with a Contractor If the CIty purch.... goods or aervlcel from the ContnIc:tor COIting $2,500
or more In any fiIcld year: .
1.1 During the performance oi this contract, the Contractor ag..... as follows:
1.1.1 The Contractorwll not dilcrlmlnate against any employee or applicant for employment becaulIe of an individual's race,
religion, color, leX, naIionaJ origin, rnarblltatus, flImlIIaIltIItuI, age, aexuaI Qrlent8Iion or source r:lIncorne, a juvenile
I8COId that has been expunged purauant to ORS 418A.280 and 418A.262, or becauae an Indlviduallla perun with a
dIIabRy which,. with I88IOMbIe accommodatlori by the employer does not prevent the ~18l1onnance of the work
Involved, unIeIa baled upon a bona fide occupational quallllcation reaaonabIy neceuary to the nomud operation of the
.-npIoyer's buIIneu.
1. U Thole Contractors employing 15 or more individuals will develop and implement an aftirmatMIl ac:tion plan to Insure that
appIIcanta .. ~, and that employees .. treated during employment. without reganl to their race, color, leX,
age or national origin. Such plan IhaIllnclude, but not be limited to the following: empIoymImt, upgnldlng, demotion,
transfer, recruitment, recruitment advertIIIng, layoff or termination, ..... r:I pay or other forma of compenutIon and
aeIectIon for trUlIng, including apprentIceahlp.
1.1.3 The Contractor ag..... to post In conapIcllOUl pIacea, available to ernpIoyeea and 8pp11ca~1 for employment, notices
to be provided by the Human RIghIa Commllaion setting forth the provIIiona of thll nondllcrlmlnatlon clause.
1.2 The Contractor wiD, prior to convnencement and during the term of thll contract, provide to the CIty :1UCh document8tion, and
penn. any inIpecticjn of l8COIdIas may be required or authorized by rulel 8dopted by the city managel'to det8rm1ne compliance
with paragraph 1.1libove.
1.3 If upon an lnveatIgatlon conducted purauant to rulel adopted by the city manager In accordance with IId10n 2.019 f1 the Eugene
Code, 1971 there II AIlIIOl'l8bIe cause to believe that the contractor or any IUbcontractorI of the ContnICtor have filled to comply
with any of the tenna r:I paragraphs 1.1 or 1.2, a del:8nn1natlon thereof Ihd be made In accordance wI~ the adoptId ruIeI. Such
determination may n!IIUIlln the 1UIpenIion, cancellation or termination of the principal contract In 1lI1ho1e or In part andIor the
wIIhhoIdlng. of any fundi d.. orto become d.. to the Contractor, pending compliance by the Contractor and/or lis 1Ubc:ontractora,
with the terms r:I parag..,. 1.1 and 1.2.
1.4 FaDure to comply with any of the terms of paragl'8pha 1.1 and 1.2shal be a material breach Of thll cnntrac:t.
1.5 The Contractor Ihd Inc:Iude the provIaIona of paragraphs 1.1 through 1.4 In c::ontradI with IUbcontrac:bn 10 that IUCh proviIIona
wlU be binding upon each 1Ubcontrac:tor.
2. Fcnlgn Cormactor ~ to DepMment of Revenue (ORS 271.021K2Ka)
The following provIIion 118ppIIcabIe to aU c:ontnK:Ia with a c:ontrac:t price exceeding $10,000 If the Contractor II RCltdornlc:lled il or reglltered
. to do buslneu In the Itat8 of Oregon:
Where a public contract 118W8Ided to a foreign Contractor and the contrac:t price exceeds $10,000, the Connctor IhaII promptly report to
the Department of Reven.. on forma to be provided by the Department of Reven.. the total contract price, ttmna of payment, length of
contract and IUCh oCher information .. the Department of Revenue may require before ftnal payment can be received on the pubic contract.
The City shan I8IIIfy bel that the requltement of thla subaec:tion. h.. been c:ompIIed with before It.... a tInIll payment on this c:ontrac:t.
3. PIIyment of I..abcnra and ............... Contrtbutlona fo Induatrlal AccIdent Fund, LIena, and WIthhoIcIl"ll Taus
(ORS 271.312)
The Contractor 1haI1:
3.1 Make payment pron1puy, .. d.., to aU perIOf18 auppIyIng to IUCh Contractor, labor or material for the proaecution of the work
provided for In such contrac:t.
3.2 Pay aD contrlbutIons or amounts due the IndUltrlaI Acc:ldent Fund from 1Uc:h Contractor or IUtlCOntrac:tor Inc:uIT8d In the
performance 01 the contrac:t.
Standani Contract ProvIsIons-Page 4 .
(RevIsed Nov. 1999)
Section 0082Q-Page 5
3.3 Not permit My lien or clain to be flIecl or proeecut8d ~aInst the City of Eugene or any subdivlalon or agenc:;y or employee thentof
on account of any labor or matertaI furnished.
3.4 . Payto.the Oep8ItmentofRevenue all sume withheld from employees pursuant to ORS 316.167.
3.5 Demonskata that an .-npIoyee drug testing program Is In place.
4. Payment of CIaIma by Public 0I'fIcera (ORB 271.314)
4.1 If the Contractor falla, neglects or refuses to make prompt payment of any claim for labor or services fumlished to the Contractor
or alUbc:ontractor by My P,erIOl'IIn connection with the public contract _ such claim becornea due, the ~1UbIic otIIcer or oftIcers ,
r8pI'eSentIng the City of Eugene may pay such cIaIma to the person furnishing the labor or MrVices ~ charge the amount of the
payment against funds due or to become due the Contractor by reason of this contract. The payment oj' a claim In the manner
aulhorlzed shall not ntIIeve the Contractor or hIsnler surety from his or her obligations with AlSpeCt to an;f unpaid claims.
4.2 If the contractor or a f1rst-tler subcontractor falls, neglects or refuses to make payment to a person furnllihlng labor or materIaIa
In connecIIon with the public contract for a public Improvement within 30 daya .....receipt of payment from the CIty of Eugene
or a contractor, the contnlctar or fIrst-tler aubcontractor shall owe the person the amount due plus Int8reIt charges commencing
at the end of the 1 D-day period that payment Is due under ORS 278.445(4) and ending upon final payment, un... payment Is
subject to a good faith diIpute _ defined In ORS 278.445. The nifIa of IntenIst charged to the contractor or fIrst-tler subcontractor
on the amount due ahaII equal thnMit tiMs the discount na on 8Q.day commercial paper In etrect at the Federal ReIerve Bank
In the Federal Reserve diatrtct that IncIudea Oregon on the dIdIt that Is 30 daya ..... the date when payrI*1t was received from
the CIty of Eugene or from the contractor, but the rata of Interest thai not exceed 30 percent. The amount of intereat may not be
~. '
4.3 If the contrac:tor or a subcontractor falls, neglects or refuses to make payment to a person furnishing labor or matBrials In
connection with the public contract, the persori may fie a complaint with the Construc:tlon Contractors Board, unlesa payment Is
-..bjed to a good faith dispute _ delIned In ORS 279.445. Any contractor shan &MOUnce the foregoing many subcontract Issued.
5. Hou,. 01 Labor (~ 271.318)
5.1 No person shall be employed for more than ... (10) hours In any one day or forty (40) hours In My one vi'88k, except In cases of
n8cea1ty, emergency or when the public poUcy absolutely nequnslt, and In such cases, except In cues I~ contradI for personal
services - defined In ORS 279.051, the employee shag be paid at least tine and a half pay for au CMrtirne In .... of eight (8)
hours In My one day and forty (40) hours In any one week, when the work week COl'lII8ta offlve consecutive days, Monday through
Friday, or for aU CMIftIme In .... of ten (10) hours In one day or forty (40) hours In one week, when the work week Is four
conaec:utIve days, Monday through Friday, and forWOfk performed on Saturday and on any legal holiday ~l8Cified In ORS 278.334.
The Contractor must give notice to employees who perform work on a public contract, In writing, either at Ithe time of hire or befone
c:ommencement of work on the contract, or by polling a notice In a location frequented by employees, lthe number of hours per
day and daya per week that the ernpIoyees may be nequlred to work.
5.2 In the case of contracts for peraonaI services _ defined In ORS 279.051, no person shall be employed for more than eight (8)
hours In any'one day or forty (40) hours In anyone week, except In cues of neceulty, emergency, ell/' when the public poUcy
aIleoIubtIy nequlres It, and In such cases allbcnr shau be paid at least tine and a half for aU overtime ,worked In ... of forty
(40) hours In My one week, except for individuals under this contract who are exduded under ORS 653.010 to 653.281 or under
28 ~ Sec:tIona 201-209 from receiving overtime.
6. Payment for IledlcaI Care and AItenIIon to EmployeM (ORS 271,320)
6.1 The Contractor shall promptly .. due, make payment to any person, co-partnershlp or auocIatIon ell/' corporation furnishing
medlcaJ, surgical, Md hoIpIbd care or other needed care and attention, incident to aIckneu or Injury, to the empIClyees of such
Contractor, of aU sums which the Contractor ~reea to pay for such aervIces and aU monies and awns which tile ConInIctGr
collected or dedUCl8d from the wage. d employees punsuant to any law, contnIc:t or ~reement for tho purpose fI providing or
paying for such service.
6.2 The Contractor and all employers working under this contract ane subject employers, and ~nee to contply with ORS 656.017.
7. Labor ContnIct CondItIona (Eugene CocIe,1171, SectIon 2.030)
AD c:ontrada wherein labor Is nequlred, except c:onu.cta for the purchase of materials and supplies, shall contain the following provisions:
7.1 The Contractor wiD comply with all provIsIona required by the ataluteI of the 1tat8, of contractota on a "public contrsct" .. defined
In ORS 279.310(1).
7.2 The ~ wiD comply with aU nequirementl of Eugene Code, 1971, SectIons 4.613 to 4.650.
7.3 The Contractor shall, In the ~ hefshe wIIlfuUy vioIatea the provisions of this section or knowingly fIIea false aftidavIta of
compliance, waive for a period of one year any right to bid upon any pui)Uc works project let by the C~~.
Standard Contract ProvIslona-Page 5
(Revieed Nov. 1999)
Section 0082Q-Page 6
7.4 If a Contractor or subcontractor vtoIatea the prvvisIona of this 1edIon, tile CIty may, at its option, tennlnate said contract or
IUbcontract and laid Contractor or subcontractor In such event ahaII forfeit aU righta under hlllher contract except to payment for'
actual labor and materiaIa fumllhed to the CIty. The CIty may waive In whole or In part any fOrfeltu.... or ulfldlons provided In this
pngl'8ph.
8. NonchcrImII1IdIon on the BaIa of DIsabIlity (~wIth DIsabI...... Act, 42 use sec. 12101 at Mq.)
The Contractor shall:
8.1 Cornp\ywlth all requlrementa of the Amerlcans with DIaabllItleaAct, 42 u.s.e. see. 12101, etaeq., and aU nigu\ations Imp\ementIng
the Act. eapec:Ia\\y including thole l'8gulatlona let forth at 28 e.F.R. see. 35.130, or any later Alp\acement for those l'8gulatlona,
directly or Indirectly app\IcabIe to Contractor.. a ....ult of a contract with the CIty.
8.2 To the extent legally posaI)\e, Contrac:tor ahaIIlndemnlfy and hold CIty, lis orncer., agents and employ.., harmlea from and
against any Ind all cIakna, actIona, 1iabIIItIea, COlla, including COlla of c:Ief8nIe, arlllng out of or In any ~way nMt8d to any act or
faUu.. to act by Contractor and Contnlctar'I~, ..,.., orncer. and conIractora In connection with Contractor's obIIgatIona
concerning aervlcea, aid or benefb to be provided to individuals with dlaabllltiea. In the event any such IdIon or cIain Is brought
liga\ntt CIty, Contractor ahaII, upon CIly'a tender, defend the same at lis .. coat and expense, prom~1tIy utIafy any judgment
adveIIe to CIty or to CIty and Contrac;torjolntly, and reimburse CItyfor' any loIa,coat. damage orexper1M (including legal feel)
suffered or Incurred by CIty. ThIa right of IndemnIIIcatIon and to be held harmIeaa ahaH be In addition to, and not In ntp\acement
of any otI1er right that CIty may have under any atalute, under the common law or under this contract.
8.3 By acceptance of thIS ligreement, Contractor warrants that Contractor Is familiar with the requirements of the Americana with
DlsabIIItIea Act and the l'8gulatlona to enforce the Act. Contractor further warrants that Contractor III In compliance with the
requlr8ments of the Act concerning local government MrvIcea appIIcab\e to Contractor .. a result of thb.ligreemenl Contractor
ahaII continue to comply with all app\Icab\e prvvisIona of the Act. CIty IhaII have the right to InIped. I~pon f8U0nable notice,
Contrac:tor'al8COlda and aU IocatIona where the work Is to be performed to assure compliance with .. applicable proviaIona of the
Act. .
9. Payment to Subc:ontractors
The Contractor ahaII:
9.1 Include In each aubcontract for property or eenrices entef8d Into by the contractor and a flrat-tier .~. including I
material supplier, for the purpose of performing a c:onatructlon contract:
9.1.1 A payment clause that obligates the confractor to pay the firat-tier aubc:ontrac:tor for aallsfactmy performance under lis
aubcontract within 10 days of payment by the City out of IUch arnounta .. are paid to the contractor by the CIty of
Eugene under such contract; and
9.1.2 AlIIntereat pena\ty cIauae that obligates the contractor, If payment Is not made within 30 days after receipt of payment
from the CIty of Eugene, to pay to the firat-tier aubcontrac:tor an Intereat pena\ly on amount. due In the cae of each
payment not made In accorcIance with the payment clause Inc\uded In the aubcontract puraciant to .-.1'8ph 9.1.1 of
this IUbeectIon. A contrIIctarorfirat-tieraubcontractorlhall not be obligated to pay an Int8restpenalty Iftfiltonly f8U0n.
that the contractor or firat-tier subcontractor did not make payment when paYment was dua Is that the contractor or
firat-tier aubcontr8c:tor did not receive payment from the CIty of Eugene or contractor when payment was due. The
Intenlat ~ ahaII be:
9.1.2.1 For the period beginning on the day after the required payment date Ilnd ending on the date on
which payment of the amount due Is made; and
9.1.2.2 Computed at the rate apecIfied In ORS 279.314(2).
Standard Contract P~age 6
(RevIsed NOv. 1999)
Page 1 / 1
r~'
ASHLANIf!TY
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
E-:~YWj
VENDOR: 005997
JONES CHEMICAL, INC., JCI
POBOX 412641
KANSAS CITY, MO 64141
SHIP TO: Ashland Water Treatment Plant
(541) 488-5345
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Daryl McVey
Confirming? No
19.00 Cyl
CHLORINE
Estimate for FY 2006-2007
550.00
10,450.00
Multi-aQency Bid
ContractinQ aQency: City of EUQene,
Wastewater Division, Price AQreement
#19001-06-001
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
10450.00
0.00
0.00
10,450.00
~ ~ ~o~~
A r ed Signature
VENDOR COPY
f
.
'"
;,h ('2'!,t
;"~Jt,.;.
CITY OF
AS1HLAND
REQUISITION FORM
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request: I 7/ r' /0" I
Required Date of Delivery/Service: 17//0(, -~/J'Y07
j to N~ OS ChLM.li{t~<-
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement o Sole Source 0 Invitation to Bid
o Less than $5,000 o Written findings attached (Copies on file)
o Quotes (Optional) o Quote or Prooosal attached
Cooperative Procurement 0 Reauest for Proposal
o State of ORN/A contract (Copies on file)
Intermediate Procurement p. Other government agency contract 0 Special! Exempt
o (3) Written Quotes 0 Written findings attached
(Copies attached) o Copy of contract attached 0 Quote or Proposal attached
o Contract # If:} pQ 1- () b r-()O / 0 Emeraencv
(! 11<-1 01- ~ I)c.~,..) e- O Written findings attached
o Quote or Prooosal attached
U'
'7 -> (1dfr'DcrL
Description of SERVICES
i5t~~/(,(1 PO. ?/I/" 6 - 6/$~7
4J r p tJ h t' Ii'VL I ~rl- '-'
o Per attached PROPOSAL
Item # Quantity
Unit
Description of MATERIALS
A/,~J,J~
Unit Price
Total Cost
I 19
o Per attached QUOTE
Project Number _ _ _ _ _ _ . _ _ _
Account Numbe~ if!- f!. i- ! Y- e~. ~! L fp P
'Items and services must be charged to the appropriate account numbers for the financials to ref/ect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be ovided upon request.
Supervisor/Dept. Head Signature: I~~ ~
Employee Signature: ''-J
G: Finance\ProcedureIAP\Forms\8_Requisition form revised.doc
Updated on: 5/1712006
