HomeMy WebLinkAbout2007-111 Agrmt - Jones Chemical
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Section oo82o-Page 1
PRICE AGREEMENT
~
Public Works
Wastewater Division
City of Eugene
410 River Avenue
Eugene. Oregon 97404
(541) 682-8642
(541) 682-8645 FAX
CITY OF EUGENE
PRICE AGREEMENT
No. 19001-06-001
Commodity: Liquid Chlorine and S02 RFB: 2oo5Q0094
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. . Term - 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 Vendor's
performance will be evaluated. The City retains the option to extend the agreement 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 either the
City or the vendor upon presentation of 30 days' written notice but such termination by the vendor
shall carry the penalty that the City may at its option elect to disqualify said vendor from bidding on
future requirements.
4. Invoicing - All invoices must be mailed to the appropriate agencies billing address listed in this
Section 0082o-Page 2
Price Agreerrient. Invoice is due and payable within thirty (30) calendar days from the invoice date.
5. Scope of Work - As determined by specifications and response to RFB No. 200500094. Vendor's
. response to this RFB, as well as the original specifications are attached to and incorporated as part
of this price agreement.
6. Material- All materials needed to complete the work, will be vendor's responsibility.
7 . Consideration - Services to be provided shall be charged at the rate defined in the proposers
response.
8. Standard Terms and Conditions - The City of Eugene's Standard Contract Provisions
are attached and made part of this price agreement.
9. Requirements and Price Schedule - Vendor agrees to provide Liquid Chlorine and Sulfur Dioxide
to the City of Eugene and the listed participating agencies according to the price schedule listed
below. Prices shall be firm till August 1, 2006, (unless current fuel prices or commodity market
justifies a cost decrease) and per the specifications of RFB No. 200500094.
onne. nClna ue
Agency Container Yearly Usage Price Extended Price
(Estimated) (Each)
City of Eugene 1 Ton Cylinder 130 $500 $65,000
EWES 1 Ton Cylinder 96 $500 $48,000
City ~f Albany W TIP 1 Ton Cylinder 10 $550 $5500
City of Albany 1 Ton Cylinder 54 $500 $27,000
City of Cottage Grove 1 Ton Cylinder 12 $550 $6600
City of Sutherlin 1 Ton Cylinder 7 $550 $3850
150 Lb Cylinder 14 $100 $1400
Umpqua Basin Water .150 Lb Cylinder 70 $100 $7000
Assoc.
City of Ashland 1 Ton Cylinder 18 $550 $9900
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
EWEB 1 Ton Cylinder 1 $695 $695
SULFUR DIOXIDE PRICING SCHEDULE
Agency & Contact
City of Eugene
'.-E/)- /J,I~"A..
(541) 682.:.a642
(541) 682-8645 Fax
EWEB
. Ed Case
(541) 484-4893
(541) 984-4717 Fax
City of Albany
Ben Phelps
(541) 917-7600 x4614
(541) 917-7615 Fax
City of Cottage Grove
Michael Owens
(541) 942-31~2
(541) 942-1267 Fax
City of Sutherlin
Lou Douglas
(541) 459-5768
(541) 459-0025 Fax
Umpqua Basin Water Assoc.
Noel Groshong
(541) 672-5559
(541) 672-4909 Fax
City of Ashland
Daryl McKey
(541) 488-5345
(541) 488-5320
Medford Water Commission
Bob Noelle
(541) 774-2434
(541) 774-2555 Fax
Billing Address
City of Eugene
Wastewater Division
410 River Avenue
Eugene, OR 97404
EWEB
PO Box 10148
Eugene, OR 97440-2148
City of Albany
PO Box 490
Albany, OR 97321
City of Cottage Grove
400 E. Main
Cottage Grove, OR 97424
City of Sutherlin
126 E. Central
Sutherlin, OR 97479
Umpqua Basin Water Assoc.
4972 Garden Valley Rd.
Roseburg, OR 97470
City of Ashland
20 E. Main
Ashland, OR 97520 .
Medford Water Commission
200 S. Ivy St.
Medford, OR 97501
Section 0082o-Page 3
Delivery Address
410 River Avenue
Eugene, OR 97404
3957 Hayden Bridge Road
Springfield, OR 97477
310 Waverly Drive
Albany, OR 97321
1800 N. Douglas
Cottage Grove, OR 97474
4306 Steams Lane
&
8801 Non Pariel Rd.
&
496 Edgewater Dr.
Sutherlin, OR 97479
4972 Garden Valley Rd.
Roseburg, OR 97470
Ashland Water Treatment Plant
8301 Table Rock Rd
White City, OR 97503
&
4800 Fish lake Rd.
Butte Falls, OR 97522
Attachments: RFB Response
Section 0082Q-Page 4
.'
EXHIBIT A
CITY OF EUGENE - STANDARD CONTRACT PROVISIONS
The following provisions If applicable are hereby Included In and made a part of the attached contract between the City of Eugene and the Contractor
named thereon as provided for In the Eugene Code, 1971, the revised statutes of the State of Oregon, and Federal laws, rules, regulations, and
guidelines:
1. Fair Employment Practice Provisions (Eugene Code, 1971, SectIon 4.826)
These provisions are applicable to any contract with a Contractor If the City purchases goods or services from the Contractor costing $2,500
or more In any fiscal year:
1.1 During the performance of this contract, the Contractor agrees as follows:
1.1.1 The Contractor will not discriminate against any employee or applicant for employment because of an individual's race,
religion, color, sex. national origin, marital stetus, familial status, age, sexual orientation or source of Income, a juvenile
record that has been expunged pursuant to ORS 419A.260 and 419A.262, or because an Individual Is a person with a
disability which,' with reasonable accommodation by the employer does not prevent the performance of the work
involved, unless based upon a bona fide occupational qualification reasonably necessary to the normal operation of the
employer's business. '
1.1.2 Those Contractors employing 15 or more Individuals will develop and Implement an affirmative action plan to Insure that
applicants are employed, and that employees are treated during employment, without regard to their race, color, sex,
age or national origin. Such plan shall Include, but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, recruitment advertising, layoff or termination, rates of payor other forms of compensation and
selec:tlon for training, Including apprenticeship.
1.1.3 The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices
to be provided by the Human Rights Commission setting forth the provisions of this nondiscrimination clause.
1.2 The Contractor will, prior to commencement and during the term of this contract, provide to the City such documentation, and
permit any inspectIOn of records as may be required or authorized by rules adopted by the city manager to determine compliance
with paragraph 1.1 above.
1.3 If upon an Investigation conducted pursuant to rules adopted by the city manager in accordance with section 2.019 of the Eugene
Code, 1971 there Is reasonable cause to believe that the contractor or any subcontractors of the Contractor have failed to comply
with any of the terms of paragraphs 1.1 or 1.2, a determination thereof shall be made in accordance with the adopted rules. Such
determination may result In the suspension, cancellation or termination of the principal contract In whole or In part and/or the
withholding of any funds due or to become due to the Contractor, pending compliance by the Contractor and/or its subcontractors,
with the terms of paragraphs 1.1 and 1.2.
1.4 Failure to comply with any of the terms of paragraphs 1.1 and 1.2 shall be a material breach Of this contract.
1.5 The Contractor shall Include the provisions of paragraphs 1.1 through 1.4 In contracts with subcontractors so that such provisions
will be binding upon each subcontractor.
2. Foreign Contractor Report to Deparbnent of Revenue (ORS 279.021)(2)(a)
The following provision Is applicable to all contracts with a contract price exceeding $10,000 If the Contractor Is not domiciled In or registered
, to do busineas In the state of Oregon:
Where a public contract Is awarded to a foreign Contractor and the contract price exceeds $10,000, the Contractor shall promptly report to
the Department of Revenue on forms to be provided by the Department of Revenue the total contract price, terms of payment, length of
contract and such other Information as the Department of Revenue may require before final payment can be received on the public contract.
The City shall satisfy Itself that the requirement of this subsection' has been compiled with before It issues a final payment on this contract.
3. Payment of Laborers and Materialmen, Contributions ~ Industrial Accident Fund, Uens, and WIthholding Taxes
(ORS 279.312)
The Contractor shall:
3.1 Make payment promptly, as due, to all persons supplying to such Contractor, labor or material for the prosecution of the work
provided for In such contract.
3.2 Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcOntractor Incurred in the
performance of the contract.
Standard Contract Provisions-Page 4 '
(Revised Nov. 1999)
Section 0082o-Page 5
3.3 Not permit any lien or claim to be flied or prosecuted against the City of Eugene or any subdivision or agency or employee thereof
on account of any labor or material fumlshed.
3.4 . Pay to .the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
3.5 Demonstrate that an employee drug testing program is in place.
4. Payment of Claims by Public Officers (ORS 278.314)
4.1 If the Contractor falls, neglects or refuses to make prompt payment of any claim for labor or services fumished to the Contractor
or a subcontractor by any person in connec:tlon with the public contract 88 such claim becomes due, the public officer or officers
representing the City of Eugene may pay such claims to the person fumishing the labor or services ~nd charge the amount of the '
payment against funds due or to become due the Contractor by reason of this contract. The payment of a claim In the manner
authorized shall not relieve the Contractor or hlslher surety from his or her obligations with respect to any unpaid claims.
4.2 If the contractor or a first-tier subcontractor fails, neglects or refuses to' make payment to a person fumlshlng labor or materials
in connection with the public contract for a public Improvement within 30 days after receipt of payment from the City of Eugene
or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus Interest charges commencing
at the end of the 1o.day period that payment Is due under ORS 279.445(4) and ending upon final payment, unless payment Is
subject to a good faith dispute 88 defined In ORS 279.445. The rate of interest charged to the contractor or first-tler subcontractor
on the amount due shall equal three times the discount rate on 9o.day commercial paper in effect at the Federal Reserve Bank
in the Federal Reserve district that Includes Oregon on the date that Is 30 days after the date when payment was received from
the City of Eugene or from the contractor, but the rate of Interest shall not exceed 30 percent. The amount of interest may not be
waived. .
4.3 If the contractor or a subcontractor fails, neglects or refuses to make payment to a p8rson fumlshlng labor or materials In
connection with the public contract, the person may file a complaint with the Construction Contractors Board, unless payment Is
aubject to a good faith dispute as defined in ORS 279.445. Any contractor shall announce the foregoing In any subcontract Issued.
5. Hours of Labor (C?RS 271.318)
5.1 No person shall be employed for more than .n (10) hours in anyone day or forty (40) hours in any one week, except in cases of
necessity, emergency or when the public policy absolutely requires It, and In such cases, except In cases of contracts for personal
service8 88 defined In ORS 279.051, the employee shall be paid at 1e88t time and a half pay for all overtime In excess of eight (8)
hours in anyone day and forty (40) hours in anyone week, when the work week consists of five consecutive days, Monday through '
Friday, or for all overtime in excess of ten (10) hours in one day or forty (40) hours In one week,when the work week Is four
consecutlve days, Monday through Friday, and forwork performed on Saturday and on any legal holiday speclfied In ORS 279.334.
The Contractor must give notice to employees who perform work on a public contract, in wrltlng, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, the number of hours per
day and days per week that the employees may be required to work.
5.2 In the case of contracts for personal services as 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 cases of necessity, emergency, or when the public policy
absolutely requires It, and In such cases a laborer shall be paid at least time and a half for all overtime worked in excess of forty
(40) hours In anyone week, except for individuals under this contract who are excluded under ORS 653.010 to 653.261 or under
29 Use:: Sectlons 201-209 from recelvlng overtime.
6. Payment for Medical Care and Attention to Employees (ORS 278.320)
6.1 The Contractor shall promptly as due, make payment to any person, co-partnership or associatlon or corporation furnishing
medical, surgical, ind hospital care or other needed care and attention, Incident to sickness or Injury. to the employees of such
Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor
collected or deductecl from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or
paying for such servlce.
6.2 The Contractor and all employers working under this contract are subject employers, and agree to comply with ORS 656.017.
7. Labor Contract Conditio.. (Eugene Code,1171, SectIon 2.030)
All contracts wherein labor Is required. except contracts for the purchase of materials and supplies, shall contain the following provisions:
7.1 The Contractor will comply with all provisions required by the statutes of the state, of contractors on a .public contract" 88 defined
in ORS 279.310(1).
7.2 The ~tractor will comply with all requirements of Eugene Code, 1971, Sectlons 4.613 to 4.650.
7.3 The Contractor shall, in the event helshe willfully violates the provisions of this section or knowingly files false affidavits of
compUance, waive for a period of one year any right to bid upon any public works project let by the City. .
Standard Contract ProvIslons-Page 5
(Revised Nov. 1999)
, -
Section 0082o-Page 6
7.4 . . If a Contractor or subcontractor violates the provisions of this section, tt!e City may, at its option, terminate said contract or
subcontract and said Contractor or subcontractor In such event shall forfeit all rights under hislher contract except to payment for
ac:tuallabor and materials fumlshed to the City. The City may waive In whole or In part any forfeitures or sanctions provided in this
paragraph.
8. Nondiscrimination on the Basis of Disability (Americans with Disabilities Act, 42 use sec. 12101 et seq.)
The Contractor shall:
8.1 Comply with all requirements of the Americans with DisabilltlesAct, 42 U.S.C. sec. 12101, etseq., and all regulations Implementing
the Act, especially Including those regulations set forth at 28 C.F .R. sec. 35.130, or any later replacement for those regulations,
directly or Indirectly applicable to Contractor as a result of a contract with the City.
8.2 To the extent legally possible, Contractor stialllndemnify and hold City, Its officers, agents and employees, harmless from and
against any and all claims, actions, liabilities, costs, Including costs of defense, arising out of or In any way related to any act or
failure to act by Contractor and Contractor's employees, agents, officers and contractors In connection with Contractor's obligations
concemlng services, aid or benefits to be provided to Individuals with disabilities. In the event any such action or claim is brought
against City, Contractor shall, upon City's tender, defend the same at its sole cost and expense, promptly satisfy any judgment
adverse to City or to City and Contractor jointly, and reimburse City for any Ioss,cost, damage or expense (Including legal fees)
suffered or Incurred by City. This right of Indemnification and to be held harmless shall be In addition to, and not In replacement
of any other right that City may have under any statute, under the common law or under this contract.
8.3 By acceptance of this agreement, Contractor warrants that Contractor Is familiar with the requirements of the Americans with
DIsabilities. Act and the regulations to enforce the Act. Contractor further warrants that Contractor Is In compliance with the
requirements of the Act concemlng local govemment services applicable to Contractor as a result of this agreement. Contractor
shall continue to comply with all applicable provisions of the Act. City shall have the right to inspect, upon reasonable notice,
Contractor's records and all locations where the work Is to be performed to assure compliance with all applicable provisions of the
Act.
9. Payment to Subcontractora
The Contractor shall:
9.1 Include In each subcontract for property or services entered Into by the contractor and a f1rst-tier subcontractor, Including a
material supplier, for the purpose of performing a construction contract:
9.1.1 A payment clause that obligates the contractor to pay the f1rst-tier subcontractor for satisfactory performance under its
subcontract within 10 days of payment by the City out of such amounts as are paid to the contractor by the City of
Eugene under such contract; and
9.1.2 An Interest penalty clause 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 fIrst-tier subcontractor an Interest penalty on amounts due In the case of each
payment not made In accordance with the payment clause Included In the subcontract pursuant to paragraph 9.1.1 of
this subsection. A contractor orflrst-tier subcontractor shall not be obligated to pay an Interest penalty If the only reason .
that the contractor or f1rst-tier subcontractor did not make payment when payment was due Is that the contractor or
f1rst-tier subcontractor did not receive payment from the City of Eugene or contractor when payment was due. The
Interest penalty shall be:
9.1.2.1 For the period beginning on the day after the required payment date and ending on the date on
which payment of the amount due Is made; and
9.1.2.2 Computed .t the rate specified In ORS 279.314(2).
Standard Contract Provlslons-Page 6
(Revised Nov. 1999)
CITY RECORDER'S COpy
Page 1 / 1
~.,
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
r ~:/;~~~~., r ~; 3 -,
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 30 days
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Daryl McVey
Confirming? Yes
20.00 Cyl
WTP Chemical FY 2007-2008
1200# Chlorine Cylinder
. 550.00
11,000.00
City of EUQene Price AQreement
(Multi-aQency AQreement) #19001-06-001
Current renewal expires AUQust 1, 2007
Per Edward Pabor, Stores Supervisor /
Buyer, City of EUQene Public Works, on
July 6,2007 - They are intendinQ to
renew the contract for an additional
year beQinninQ AUQust 1,2007.
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
11 000.0
0.00
0.00
11,000.00
~ L &-~?{~7
Autho Signature
VENDOR COPY
A request for a Purchase Order
REQUISITION FORM
CITY Of
ASHLAND
Date of Request:
THIS REQUEST IS A:
o Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
J c. 'I.- ~(llA!A~ S Cbtt~\C~L
&C~PI6(3
a
SOLICITATION PROCESS
Small Procurement I:l Sole Source 0 Invitation to Bid
o Less than $5,000 o Written findings attached (Copies on file)
o Quotes (Not required)
CooDerative Procurement 0 Reauest for ProDosal
~ State of OR/WA contract (Copies on file)
Intermediate Procurement Other government agency contract 0 SDeclal1 ExemDt
o (3) Written Quotes o Copy of contract attached 0 Written findings attached
(Copies attached) 0 Emeraencv
0 Contract # 0 Written findings attached
Description of SERVICES
~ (.//lv/(/i..', .0. ~r)R- 7 tll 07-
W k-r,f.,R- {L~'TM~..J\ tJ!MI1A( C A- L
o Per attached PROPOSAL
p~r -Is
~ t2.~r~
I
Unit
Description of MATERIALS
I ().Oo H'C / . A 10,.; ~/t...
Item #
o Per attached QUOTE
Project Number ______. ___
Account Numbe~ 1~. ~~. {? .~!2. ~!!! ~~O
· Items and services must be charged to the appropriate account numbers for the financials to reflect 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 documentati n can provi upon request.
Employee Signature:
Supervisor/Dept. Head Signature: b\t.e. ~ b--
G: FinanceIProcedureIAPIForms\8_Requisition form revised.doc
Updated on: 6/1512007