2022200016_A1_Park Identity Signs Price Agreement_RFQ.pdf

Request for Quotation

Park Identification Sign and

Park Map Sign Frame Fabrication Price Agreement

Solicitation Number RFQ 2022200016

Due Date and Time:

Tuesday, February 8, 2022

4:00 PM PST

CITY OF EUGENE

Central Services

Finance Division/Purchasing 100 West 10th Avenue, Suite 400

Eugene, Oregon 97401 Telephone: (541) 682-5055

The Purchasing Office is currently closed to the public.

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I. INVITATION TO SUBMIT QUOTATIONS

CITY OF EUGENE INVITATION TO SUBMIT QUOTATIONS

Solicitation Number RFQ 2022200016

Notice to Suppliers Pursuant to ORS 279B.070 and City of Eugene Administrative Order 44-14-08F Public Contracting Rule (City Rule) 137-047-0270, quotes for Park Identification Sign Fabrication Price Agreement for the City of Eugene will be accepted by the Purchasing Office until Tuesday, February 8, 2022 at 4:00 PM PST. Quotes will not be accepted after the quote closing time and date. Quotes shall be valid for sixty (60) days after opening unless otherwise specified in the quote specifications. This Invitation to Submit Quotations does not commit the City to pay any costs incurred by any quoter in the submission of a quote.

Project Description In general, work includes fabrication of Park Identification Signs for City of Eugene parks. Several new parks are coming online with the passage of the 2018 Parks and Recreation Bond Measure.

As these new parks are constructed, park identity signs will be needed to complement and identify the names of these new parks and open space. The City intends to enter into a five-year price agreement for these signs.

Solicitation Documents Solicitation documents may be examined electronically by logging in to OregonBuys. To view City of Eugene solicitations:

• Scroll to Supplier Activities

• Click the Open Bids icon

• Click the Advanced Search button

• Click Select Organization

• Select City of Eugene

• Click Search

• Click the Bid Solicitation # to view solicitation details and documents

A copy of the Solicitation may be also be obtained by email request to the Purchasing Analyst shown below.

Vendors must submit their quotes in a single PDF file via email directly to the Purchasing Analyst shown below before the due date and time specified.

Dated: January 18, 2022

Noel Dietz, NIGP-CPP, CPPB Purchasing Analyst City of Eugene NDietz@eugene-or.gov https://oregonbuys.gov/bso/ mailto:NDietz@eugene-or.gov

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II. INSTRUCTIONS TO QUOTERS

1.0 QUOTE FORM

1.1 Quotes shall be submitted on forms identical to the form provided by the City. The quoter shall make no alterations or additional stipulations on the quote form, nor qualify the quote in any other manner. Alteration of any part of the quote form content may cause the quote to be considered non-responsive.

1.2 Complete sets of quote documents shall be used in preparing quotes.

2.0 SUBMISSION

2.1 Deliver quotes via email to NDietz@eugene-or.gov prior to the due date and time indicated in the RFQ or any extension thereof made by addendum. The subject line of the email must read: RFQ 2022200016 Park Identity Signs February 8, 2022.

The City is not responsible for the premature opening of or the failure to open a quote not properly identified or addressed.

2.2 Quoter is responsible for submitting their quote prior to the closing time and date. Late quotes may not be accepted. The City is not responsible for any delays caused by computer/email issues of any sort.

3.0 QUOTE MODIFICATIONS

Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst via email in conformance with City Rule 137-047-0440(1), and no less than five (5) calendar days PRIOR to the solicitation closing, and submitted separately from the solicitation response. Contents of questions, clarifications, modifications, or substitutions should include a reference to the page or item being addressed, the reason and any proposed alterations. Questions, clarifications, modifications, or substitutions included with the response to the solicitation may cause it to be considered non-responsive.

4.0 OR EQUAL

4.1 Whenever a process is designated or a manufacturer’s name, brand, or item is designated or described, it shall be understood that the words, “or equal” follow such name, designation, or description, whether in fact they do so or not, unless no substitution is stated in the specifications. Items quoted other than specified must be determined by the Purchasing Analyst as an approved equal. Quoters shall submit to the City their intent to quote an approved equal no later than five (5) calendar days prior to the RFQ closing. Include detailed specifications, cut-sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

4.2 Approval of alternate materials and equipment shall rest solely with the City and all quoters shall be notified of such approval by addenda prior to the quote closing.

5.0 ADDENDA AND INTERPRETATIONS

Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued more than twenty-four (24) hours before the scheduled closing time for filing quotes, shall be binding upon the quoter.

mailto:NDietz@eugene-or.gov

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Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and proposers shall receive addenda per City Rule 137-047-0250, and as follows: City will not mail notice of addenda, but will publish any addenda on OregonBuys site. Addenda may be downloaded off OregonBuys site. Proposers should frequently check the OregonBuys site until closing (i.e., at least once weekly until the week of closing, and at least once daily the week of the closing period).

6.0 QUOTE MODIFICATION OR WITHDRAWAL

6.1 Quotes may be modified by written notification on company letterhead signed by an authorized person, stating that the new document supersedes or modifies the prior quote.

6.2 Quotes may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for quote closing.

7.0 CONSIDERATION OF QUOTES

7.1 It is the intent of the City to award a contract to the quoter whose quote will best serve the interest of the City, provided the quote has been submitted in accordance with the requirements of this RFQ and does not exceed the funds available. Consistent with the provisions of this RFQ, award may be made by item, groups of items, or the entire RFQ upon the City’s determination that it is in the public interest to do so.

7.2 In determining the awardee, the City shall, for the purpose of awarding the contract, add a percent increase to the quote of a nonresident vendor equal to the percent, if any, of the preference given to that quoter in the state in which the quoter resides.

The City shall rely on the Oregon Department of Administrative Services’ published list of states, which gives preference to in-state vendors to determine the percent increase to be added.

7.3 The City shall give preference to materials and supplies manufactured from recycled materials when available at a cost no greater than five (5) percent above the cost of comparable products manufactured from virgin materials. Subsequent contract or purchase order award will be based on this criteria and shall contain applicable standard contract provisions as required by law.

7.4 The City shall have the right to reject any quote that attempts to change any contract term or condition, or that does not evidence the quoter’s intent to abide by the specifications, or that does not otherwise comply with all quote requirements set forth in this RFQ or in the Oregon Public Contracting Code.

7.5 The City may, in its discretion, reject any or all quotes and/or cancel or delay or suspend the quote or award at any time prior to execution of the contract upon the City’s determination that it is in the public interest to do so.

8.0 MATERIAL PURCHASES

8.1 The price offered must be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates will be furnished upon request. Packing and transportation expenses are the responsibility of the quoter. All prices quoted must be F.O.B.

Destination, Freight Prepaid and Allowed, delivered and unloaded at delivery address listed.

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8.2 Include complete standard warranty information and factory specifications on the equipment offered. For the warranty, include the length of time, covered components, repair site (city or contractor site) and availability of parts and service not covered under the warranty. If an extended warranty is available, include the details of the extended warranty.

9.0 PUBLIC RECORDS

9.1 This request for quotation and one copy of each original quote received in response to it, together with copies of all documents pertaining to the award of a contract, shall be kept by the City of Eugene Purchasing Office and made a part of the procurement file which shall be open to public inspection. If a quote contains any information that is considered trade secret under ORS 192.345(2), each sheet of such information must be marked with the following;

“This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.”

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance.” ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a quote may depend upon official or judicial determinations made pursuant to the Public Records Law.

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

10.0 PROTEST OF AWARD

Protests and remedies under this RFQ are exclusively governed by ORS 279B.415.

11.0 RESERVED RIGHTS

The City reserves the right:

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

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

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

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

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

F. In the event that two or more Quotes are identical in price, fitness, availability and quality, award shall be made in accordance with City Rule 137-046-0300.

G. In the event any proposer or proposers to whom a contract is awarded shall default in executing said contract or in furnishing a satisfactory performance bond within the time and manner herein after specified, to re-award the contract to another proposer or proposers.

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

I. To negotiate additions or deletions to offered goods and contract price.

J. To seek other Quotes, if deemed in the public interest.

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12.0 CONTRACT AWARD

Submittal of a Quote evidences Quoter’s intent to execute and be bound by the terms of the attached contract. The City will enter into contract negotiations regarding any open terms with the highest ranked Quoter. During negotiations the City may require any additional information it deems necessary to clarify the approach and understanding of the requested goods or services. Any changes agreed upon during contract negotiations will become part of the final contract. The negotiations will identify a level of work and associated fees and costs that best represent the goods and services required.

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III. SUSTAINABILITY & SOCIAL EQUITY

The City is interested in products and services that have a reduced impact on human health and the environment and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related City policy and plans, please refer to the City’s Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch. The awardee will be expected to support the City’s goals by implementing the following strategies where applicable.

1. WASTE REDUCTION

Pursuant to City Zero Waste efforts, the City aims to prevent waste where possible. In order to increase efficient use of resources, the awarded Proposer shall adhere to the following items as applicable.

1.1. Unnecessary packaging for goods, beyond packaging compliance or practical safe shipping methods, shall be reduced. Proposer to ship goods utilizing one or more of the following methods:

• Ship products in reusable, refillable, or returnable containers. For example, reusable trays or totes, which can be stored and returned;

• Minimal packaging material used inside containers. This includes eliminating or reducing the amount of non-recyclable bubble wrap, foam pellets or other like material;

• Eliminate non-essential parts of packaging, such as individual wrapping of components;

• Use packaging made with recycled content, biodegradable, and/or non-toxic materials.

• No point of purchase material or promotional literature.

1.2. The awarded Proposer is to duplex all paper materials that are prepared for the City under the contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced.

1.3. Contractor is expected to prevent, reduce, recycle or otherwise divert waste generated from the provision of services procured by the City. City may request information about diversion tactics utilized and quantities of waste materials diverted.

2. IDLING REDUCTION

In the interest of reducing air and noise pollution and promoting energy conservation, all gasoline and diesel-powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination, and must not cause or allow an engine to idle at any location for more than 20 seconds. This idling policy applies except in the following situations:

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

2.2. The engine is required to power auxiliary equipment (e.g. hoist, lift platforms, hydraulic tools, inverters, compactors, medical equipment, specialized public safety radio communication and computer systems, etc.)

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

http://www.eugene-or.gov/sustainpurch

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3. ENVIRONMENTALLY PREFERRED PRODUCTS

3.1. To promote and encourage environmentally sustainable practices for companies doing business with the City, the City requests vendors under City contract use environmentally preferable products in production of City work products.

3.2. The awarded Proposer should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement. Environmentally preferable products and services have characteristics that include but are not limited to the following:

• Energy Efficient

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

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

• Are certified by an independent accredited third-party program such as EcoLogo or ENERGY

STAR.

3.3. The City desires the use of post-consumer recycled content, chlorine-free paper to encourage environmentally preferable practices for City business wherever practical in the fulfillment of the scope of work.

4. SOCIAL EQUITY

Economic prosperity through diversity and collaboration is fundamental to the Equity in Contracting program. Part of Eugene’s City Council Vision states that we will “Encourage a strong, sustainable and vibrant economy, fully utilizing our educational and cultural assets, so that every person has an opportunity to achieve financial security.” The program aims to reduce barriers for local, small, minority and women-owned businesses to leverage all that our community has to offer, strengthening the business community as a whole.

The City supports the utilization of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Oregon Forward Contractors (OFC) at both a prime and subcontracting and/or supply chain level. The City encourages eligible suppliers to gain certification and encourages the awarded proposer to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses in the fulfillment of the scope of work:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Certification Office of Business Inclusion and Diversity (COBID) by visiting their website at: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp to find certified businesses from whom to procure products or services.

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

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp http://dasapp.oregon.gov/

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IV. REQUIREMENTS / SPECIFICATIONS

TERM OF CONTRACT

This contract will be in effect for five (5) years from the date the contract is issued, with price adjustments in accordance with the provisions set forth herein, all other terms and conditions specified herein remaining the same.

PRICING CONDITIONS

For the first year of the contract, pricing will be fixed at the quoted pricing. Prior to the end of the first year of the contract, the Contractor may submit proposed pricing revisions for the following year to the Purchasing Analyst. The Contractor must provide adequate documentation to substantiate any request for price increase.

ESTIMATED QUANTITIES

The quantities listed on the Standard Quote Form represent an estimate for bidding purposes only and do not constitute a commitment by the City of Eugene to purchase the amounts indicated. Signs will be ordered as needed.

SCOPE OF WORK

Contractor to fabricate, assemble, and deliver Park Identity Signs per drawings and specifications. All signs shall be provided by a single manufacturer. All parts, components, and materials used in the manufacturing of these signs are to be manufactured and supplied by one manufacturer having a minimum of five years’ experience in manufacturing aluminum signs. No matching of materials from different suppliers will be allowed.

Park identity signs are constructed of all aluminum, with a custom aluminum extrusion that accommodates easy installation of a high-pressure laminate sign face. The aluminum is painted in automotive paint (or approved equal).

The signs are designed with an arch top. The sign frames pivot on a hinge attached to the upright posts to allow for the sign bottom to swing upward, the bottom rail can be removed, and a graphic panel can be installed or removed into the enclosed frame. All material specifications, dimensions, attachments, construction details, and painting and finish requirements are detailed on the drawings as prepared by Sea Reach Ltd, Sheridan, Oregon. Base artwork template is available from the City of Eugene and a sample is attached.

Contractor shall also fabricate, assemble, and deliver Park Map Sign Frames per the attached drawing or approved equal. City of Eugene will provide exhibits to fill in the frames and the sign or map exhibits are not included in this project. All frames shall be painted black.

The City reserves the right to reject any quotation that does not demonstrate compliance with the design and specifications, or is not in compliance with public quotations procedures and requirements, and may reject for good cause any or all quotations or waive any specifications or requirements upon a finding by the City that it is in the public interest to do so.

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RELATED WORK

Paint: Primer and Custom paint formula is specified on page 10 of this document.

References: For referenced ASTM standards, visit the ASTM website, www.astm.org, or contact ASTM Customer Service at service@astm.org. For Annual Book of ASTM Standards volume information, refer to the Standard's Document Summary page on the ASTM website.

ASTM A 500-03a: Specifications for Structural Tubing.

ASTM A 36/A36M-04: Specifications for Structural Steel.

ASTM A48/A48M-03: Specifications for Gray Iron Castings ASTM A 307-04: Specifications for Carbon Steel Bolts and Studs.

ASTM B209-04: Specification for Aluminum and Aluminum-Alloy Sheet and Plate

SIGN DESIGN

Layout and fabrication of the Signs shall be in accordance with the attached design drawings (Attachment A) by SeaReach Ltd., Sheridan, Oregon.

MATERIALS

A. All signposts and frames shall be fabricated from 5052 and 6063 aluminum.

B. Sign face exhibits shall be fabricated from high pressure laminate printed with solvent based inks and embedded.

C. Installation hardware shall be galvanized steel or stainless-steel expansion anchors.

D. Post caps shall be aluminum.

E. Design features: Layout and assembly of structural sign components shall conform to details shown on attached drawings by Sea Reach Ltd.

Some parks will require a one-sided sign and others a two-sided sign. The location and names of parks requiring signs have yet to be finalized.

The following park names and quotations are shown for example only; the actual text required will be determined by POS staff prior to order:

Park Names (examples only)

Santa Clara Community Park Downtown Rivefront Park Brewer Park Filbert Meadows Park Westmoreland Park

Park Quotations (examples only)

Spend the afternoon. You can't take it with you. ~ Annie Dillard Life must be lived as play. ~ Plato Now every field is clothed with grass, and every tree with leaves. ~ Virgil mailto:service@astm.org

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Adopt the pace of nature: her secret is patience. ~ Ralph Waldo Emerson Adventure is worthwhile in itself. ~ Amelia Earhart

EXECUTION

Sign installation is not included in this contract.

PAINT

Steel Frame and Aluminum Skin Panels

A. Primer: Mathews HBPT Acid Etched Primer.

B. Slate Finish Coat: Custom Mathews Paint Formula (for 1 gal.)

Base Color Grams N923 Black 1829.3 N911 Violet 103.5 N921 Green 396.9 N942 Green Yellow 104.5 N202 White 1624.1

C. Cream Finish Coat: Custom Nazdar Screen Printing Formula

59000 Series Enamel:

95 parts super opaque white, 3 parts medium yellow, 1 part warm red, and 1 part black.

QUALITY ASSURANCE

Sign manufacturer shall provide a list of references, with their quote, that demonstrates that they have a minimum of five years’ experience in the manufacture and supply of aluminum signs. Manufacturer shall have a Certified Welding Inspector on staff. Manufacturer shall employ qualified journeyman sign fabricators in the fabrication and/or supervision of the fabrication of the signs.

SUBMITTALS

Prior to the finish painting of the signs, submit shop drawings depicting each sign’s graphics, including the specific text for each sign. Shop drawings are to be submitted to Eugene Parks and Open Space project coordinator for approval prior to finish painting commencing on the signs.

DELIVERY OF SIGNS

Signs are to be delivered to City of Eugene, Parks and Open Space Division offices at 1820 Roosevelt Blvd., Eugene, Oregon. Signs will be crated, bound, or otherwise prepared for shipment so they arrive undamaged. One week prior to delivery, notify project coordinator with the date and time of arrival so proper personnel can be arranged to receive products at the delivery site. Signs are to be packaged in a manner to facilitate a visual inspection upon arrival by Eugene Parks and Open Space staff prior to acceptance.

WARRANTY

Contractor to provide a minimum five-year warranty/guarantee that sign structure and finish will not fail due to defects in materials or workmanship and a 10-year warranty on the high-pressure laminate sign face against delamination and fading.

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V. FORMS TO BE SUBMITTED WITH QUOTE

CITY OF EUGENE STANDARD QUOTE FORM

Solicitation Number RFQ 2022200016

Due Date and Time: Tuesday, February 8, 2022 at 4:00 PM

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

Acknowledgement of terms, conditions and specifications

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

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

3. Contract Execution; Performance Bond. The bidder agrees that if this quote is accepted it will, within ten (10) calendar days after having received the Award, execute and return to the City the Contract in the form included in the Contract Documents and will, at or before that time, deliver the Performance Bond and insurance documentation as required and as applicable.

4. Addenda. The offeror acknowledges that it has received the following Addenda No(s):

and agrees that all addenda issued are a part of the Contract Documents and have been considered in preparing this quote. (Offeror: insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws

Offer hereby agrees to comply with all applicable Oregon public contracting code provisions, as more specifically described in the attached contract and associated Exhibit A. Offeror attests that it complied with the applicable state and local tax laws including, but not limited to, ORS 305.385, ORS 305.620, ORS chapters 316, 317, and 318 for no fewer than six years into the past from signature and will continue to comply with the tax laws during the term of this contract. ____ initials.

Access to Plant or Place of Business

Offeror agrees that the City may enter a contractor’s or subcontractor’s plant or place of business during normal business hours for the following purposes: inspect and/or test supplies or services for acceptance by the City pursuant to the terms of the Contract, and investigate the offeror’s minority business certification or other qualifications.

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Residency

Bidder is _____ is not _____ an Oregon Resident Bidder. An Oregon Resident Bidder, as defined by ORS 279A.120, means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, and has a business address in this state. If offeror is not an Oregon Resident Bidder, in the field provided indicate the bidder’s (Business) State of Residence. _____________________

Certification of Nondiscrimination

Offeror has not and will not discriminate against a subcontractor in the awarding of a subcontract because a subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225.

Noncollusion

The offeror certifies that the quote has been arrived at by the offeror, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, offeror, or vendor on materials, supplies, equipment or services, described in the solicitation documents, designed to limit independent quotes or competition. The contents of the quote herein presented and made have not been communicated by the offeror or their employees or agents to any person not an employee or agent of the offeror or its surety on any bond furnished with the solicitation, and will not be communicated to any such person prior the closing time of the solicitation.

We therefore offer the following equipment/service at the prices indicated hereon in fulfillment of the requirements and specifications contained within the solicitation documents and all addenda.

Bid Sheet

Line Item Type Qty Each Total

A

Park Identity Sign

Single Sided

B

Park Identity Sign

Double-Sided

C

Park Map Sign frames

24” x 36”

Grand Total

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Completion/Delivery Date:

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

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

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

Name: Title:

Phone:

Contract XXXX-XXXXX

VI. SAMPLE CONTRACT

Public Works Department

Parks and Open Space

PRICE AGREEMENT

#XXXX-XXXXX

Commodity: Park Identification Signs RFQ: 2022200016

Contractor: Date Issued:

Contract Period:

From:

Contact: To:

Phone:

FOB: Eugene Delivered Payment Terms: Net 30 Days

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

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

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

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

4. Ordering. This price agreement is issued as acceptance of the quote submitted by (TBD) in accordance with RFQ 2022200016 which is hereby incorporated into this price agreement.

Orders will be issued as signs are required.

5. Price List. TBD’s response to RFQ 2022200016 Park Identification Signs Price Agreements is attached to and incorporated as part of this price agreement. Price adjustments may be submitted on a yearly basis after the initial year the agreement is in effect. Contractor must provide adequate documentation to substantiate any request for price increase. Price increases must be approved by City prior to taking effect.

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

7. Delivery. Delivery of parts, materials, supplies, and core pickup will occur as stated in TBD’s response to RFQ 2022200016. All product will be delivered FOB Destination, Prepaid and Allowed to City of Eugene 1820 Roosevelt Boulevard, Eugene Oregon, 97402 OR Project Job Site as determined per order.

8. Force Majeure. Neither City nor Contractor are responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by public health emergency, fire, riot, acts of God, terrorism, war, or any other cause which is beyond the mailto:AP@ci.eugene.or.us breaching party’s reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate the cause of Contractor’s delay or breach and shall, upon the cessation of the cause, continue performing under this contract. City may terminate this Contract upon written notice to Contractor after City reasonably determines that the delay or breach will likely prevent successful performance of the Contract.

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

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

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

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

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

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

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

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

Contractor shall provide City with such further assurances as City may require from time to time that Contractor is in compliance with these Workers' Compensation coverage requirements and the Workers' Compensation law. Contractor is a subject employer that will comply with ORS 656.017.

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

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

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

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

Sarah Medary Contractor City Manager Title City of Eugene Business Name

Attachments: Exhibit A - City of Eugene Standard Contract Provisions Exhibit B – Solicitation RFQ 2022200016 Exhibit C - Contractor’s Response to Solicitation Exhibit D – Current Price List

EXHIBIT A: CITY OF EUGENE STANDARD CONTRACT PROVISIONS

Contracts Subject to ORS Chapter 279B Goods and Services including Personal Services

OTHER THAN Architects, Engineers, Land Surveyors on Public Improvements

The following provisions, if applicable, are hereby included in and made a part of the attached contract between the City of Eugene and the Contractor named thereon as provided for in the Eugene Code, 1971, the Eugene Public Contracting Rules, the revised statutes of the State of Oregon, and Federal laws, rules, regulations, and guidelines. The Contractor AND EVERY SUBCONTRACTOR shall include these provisions in every subcontract SO THAT THESE PROVISIONS WILL APPLY TO, AND BE BINDING ON EVERY SUBCONTRACTOR. Failure to comply with any of the applicable provisions below shall be a material breach of the contract and may result in debarment of the Contractor or subcontractor from City contracts for up to three (3) years.

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

0500(2))

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

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

(b) The Contractor and all subcontractors employing 15 or more individuals will develop and implement an affirmative action plan to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, age or national origin. Such plan shall include, but not be limited to the following:

employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

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

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

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

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

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

2. ORS 279A.120 Nonresident Contractors.

2.1 As used in this section, “nonresident contractor” means a contractor that: (A) has not paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract, (B) does not have a business address in this state and (C) stated in the bid for the contract that it was not a “resident bidder” under ORS 279A.120.

2.2 If the Contractor is a nonresident contractor and the contract price exceeds $10,000, the Contractor shall promptly report to the Department of Revenue on forms to be provided by the Department of Revenue the total contract price, terms of payment, length of contract and such other information as the Department of Revenue may require before the Contractor may receive final payment on the public contract. The City may not award a Public Improvement Contract or a Public Works Contract to a nonresident bidder that is an educational service district. The City shall satisfy itself that the requirement of this subsection has been complied with before the City issues a final payment on a public contract.

3. ORS 279B.220 and Eugene Rule 137-046-0500(5) Conditions concerning payment, contributions, liens, withholding.

The Contractor shall:

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

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

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

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

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

5. ORS 279B.230 and Eugene Rule 137-046-0500(6) Condition concerning payment for medical care and providing workers’ compensation.

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

5.2 All subject employers working under the contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126.

6. ORS 279B.235 and Eugene Rule 137-046-0500(7) Condition concerning hours of labor. The contractor shall pay employees for overtime work performed under the public contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

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

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

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

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

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

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

9. Eugene Rule 137-046-0500(1) Right to Audit Records.

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

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

10. Eugene Rule 137-046-0500(3) Right to Inspect Plant.

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

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

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

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

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

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

11. Eugene Rule 137-046-0500(4) Termination in the Public Interest.

11.1 Termination Provisions. The City may terminate the contract for any reason considered by the City to be in the public interest. Reasons for termination in the public interest include but are not limited to:

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

(b) Necessary materials are not available;

(c) A lack of funds;

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

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

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

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

11.2 Payment When Contract Is Terminated. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual items of work completed under the contract, or by mutual agreement, for items of work partially completed. No claim for loss of anticipated profits will be allowed.

11.3 Payment…