2022200076_A1_Steam Plant Security Upgrades.pdf

Request for Quotation Public Improvement Project

Facility Security Upgrades at Steam Plant in Eugene

Solicitation Number RFQ 2022200076

Due Date and Time:

Friday, May 6, 2022 4:00 PM

CITY OF EUGENE

Central Services

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

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

Fax: (541) 682-6233 Office Hours: 8 am – 12 pm; 1 – 5 pm

Finance staff are currently working remotely

RFQ 2022200076 Security Upgrades at Steam Plant 1 of 25 pages

I. INVITATION TO SUBMIT QUOTATIONS

INVITATION TO SUBMIT QUOTATIONS

Notice to Suppliers Pursuant to ORS 279C.412 and City of Eugene Administrative Order 44-14-08F Public Contracting Rule (City Rule) 137-049-0160, quotes for designing and installing a security system and providing related infrastructure improvements for the steam plant facility in Eugene Oregon will be accepted via email by the City of Eugene Purchasing Office until Friday, May 6, 2022 4:00 pm. 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 Offeror in the submission of a quote.

Project Description In general, work includes designing and implementing a system to manage or prevent burglary and trespassing at the former Steam Plant. Work will include assessing existing electrical system to support said security system and repairing or replacing outside security lighting. While the schedule is flexible, the City intends for the work to be completed within the next 60 days.

Solicitation Documents Solicitation documents may be examined electronically by logging in to www.oregonbuys.gov.

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

Offerors who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046.

A copy of the Solicitation may be also be obtained by emailing the Purchasing Analyst shown below.

Offerors must email their quotes to the shubbell@eugene-or.gov before the due date and time specified.

Prevailing Wages This solicitation is for a public works project which is subject to ORS 279C.800 to 279C.870. All Offerors are required to consult the BOLI publication for Prevailing Wage Rates for Public Works Contracts in Oregon Subject to State PWR Law and all subsequent amendments. The rates in effect shall be as in BOLI publication dated January 1, 2022 as well as applicable amendments dated April 1, 2022. The documents can be accessed through the following web address: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

Dated: April 20, 2022

Shawn Hubbell Purchasing Analyst City of Eugene shubbell@eugene-or.gov http://www.oregonbuys.gov/ mailto:shubbell@eugene-or.gov http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx mailto:shubbell@eugene-or.gov

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II. INSTRUCTIONS TO OFFERORS

1.0 QUOTE FORM

1.1 Quotes shall be submitted on forms identical to the form provided by the City. The Offeror 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 to the City of Eugene Purchasing Analyst via email to shubbell@eugene-or.gov prior to the due date and time indicated in the Request for Quotation or any extension thereof made by addendum.

2.2 Offeror is responsible for submitting their quote prior to the closing time and date.

Late quotes will not be considered. City is not responsible for technical delays that result in quotes not being received prior to the closing time.

3.0 QUOTE MODIFICATIONS

3.1. 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 137-049-0260, 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.

3.2. 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. Offerors 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.

3.3. Approval of alternate materials and equipment shall rest solely with the City and all

Offerors shall be notified of such approval by addenda prior to the quote closing.

3.4. Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued more than seventy-two (72) hours before the scheduled closing time for filing quotes, shall be binding upon the Offeror.

3.5. 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.

3.6. 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.

3.7. 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 Offeror’s intent to abide by mailto:shubbell@eugene-or.gov

RFQ 2022200076 Security Upgrades at Steam Plant 3 of 25 pages the specifications, or that does not otherwise comply with all quote requirements set forth in this RFQ or in the Oregon Public Contracting Code.

3.8. 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.

4.0 CONSIDERATION OF QUOTES

4.1 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 Offeror’s intent to abide by the specifications, or that does not otherwise comply with all quoting requirements set forth in the quote documents or in the Oregon Public Contracting Code.

4.2 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.

4.3 The City reserves the right to award multiple contracts for this work based on different trades (i.e. security system provider, electrical contractor).

4.4 It is the intent of the City to award a contract to the Offeror(s) 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 will be based on:

• Overall design and capability of security system and lighting system solution

• Expected completion date of project

• Pricing based on overall value

• Required City involvement in project coordination

4.5 The City shall provide written notice to all responsive Offerors via email of the City’s intent to award the contract(s).

5.0 PUBLIC IMPROVEMENT ADDITIONAL INSTRUCTIONS

5.1 Where two or more quotes for designated portions of the work have been requested, the Offeror may, without forfeiture of his/her bid security (if required), state his/her refusal to accept an award of less than the combination of the quotes stipulated by the Offeror.

5.2 The City will check the Construction Contractors Board (CCB) list of vendors not qualified for Public Improvement contracts to verify that the lowest Offeror is eligible for Public Improvement contracts. The Offeror with the most advantageous quote will also be evaluated to determine if they meet standards of responsibility.

5.3 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 Offeror. All prices quoted must be F.O.B.

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

6.0 PUBLIC IMPROVEMENT REQUIRED SUBMITTALS

6.1 Bid Security. Not Required.

6.2 Drug Testing Certificate. Offeror is required to submit a completed Drug Testing Certificate with their quote. The Offeror must state that they have and will maintain during the performance of the contract, and employee drug testing program.

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6.3 First Tier Subcontractor Disclosure. Offeror is required to submit a completed First

Tier Subcontractor Disclosure with their quote.

6.4 Performance and Payment Bond. Not Required.

6.5 Public Works Bond. Before starting work on a project, a contractor or subcontractor, unless exempt under ORS 279C.800 to 279C.870, shall file with the Construction Contractors Board a Public Works bond in the amount of $30,000 with a corporate surety authorized to do business in the state of Oregon. Before starting work on a contract for a public works project, the contractor shall provide the City with a written statement certifying contractor and any subcontractor have filed a public works bond as required above.

6.6 Certificates of Insurance. The successful Offeror shall, prior to the execution of the contract, furnish certificates of insurance covering the required insurance specified in the specifications and contract. Certificates of Insurance shall be delivered to the City contact identified in the notices section of the contract.

7.0 PUBLIC RECORDS

7.1 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.

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

8.0 ADDENDA AND INTERPRETATIONS

Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and invited offerors shall receive addenda per City Rule 137-049-0250, and as follows: Addendum will be issued on the OregonBuys system.

9.0 PROTEST OF AWARD

Protests and remedies under this RFQ are exclusively governed by ORS 279C.375.

10.0 RESERVED RIGHTS

The City reserves the right:

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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 Offerors 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 Offeror or Offerors 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 Offeror or

Offerors.

H. To extend the deadline for submitting Quotes, in according with City Rule 137-049-

0250(3).

I. To negotiate additions or deletions to offered goods or services.

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

11.0 CONTRACT AWARD

Submittal of a Quote evidences Offeror’s intent to execute and be bound by the terms of the attached contract.

12.0 CHANGES TO THE WORK AND CONTRACT AMENDMENTS

Changes to the Work and Contract Amendments may be processed pursuant to City Rule 137- 049-0910.

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III. REQUIREMENTS / SPECIFICATIONS

The Urban Renewal Agency of the City of Eugene (Agency) acquired the former EWEB Steam Plant building in 2018. The building has been vacant for 10 years, but in the past few months, there has been a significant increase in break-ins, vandalism, and burglary. In response to this increase in activity, the City is pursuing the installation of a security system in and around the three-story building.

The City of Eugene intends to contract with an experienced vendor(s) for design, provision, and installation of an alarm or security system that will discourage trespassing, burglary, and vandalism at the Steam Plant building located near 8th Ave and Hilyard St. on the property previously owned by EWEB.

Submittal Requirements The following are requirements that must be met by the Offeror to be considered for award.

• Experience performing similar work

• Registered with Oregon Construction Contractors Board (CCB).

• Submittal of a signed Standard Quote Form

• Submittal of a Certificate of Employee Drug Testing Program Form

• Submittal of a First-Tier Subcontractor Disclosure Form

Scope of Work Work will conform with the 2021 Oregon Standard Specifications for Construction as amended by the City of Eugene and including any specific Special Provisions included in these RFQ documents. Links to the Oregon Standard Specifications for Construction can be found online at https://www.eugene-or.gov/444/Standard-Specifications-for-Construction .

• Contractor(s) is responsible for obtaining all applicable permits.

• Contractor is responsible for coordinating with utility company and for ordering utility locates as applicable.

• Contractor is solely responsible for protecting all tools, equipment, and vehicles from theft or vandalism.

• Contractor is responsible for providing portable restroom, running water, temporary electrical, temporary security, and additional fencing as applicable.

Security or Alarm System Scope

• Design and implement a system to manage or prevent burglary and trespassing in the former Steam Plant.

• System may be powered by remote energy source (such as generator) or through connection to public utilities. If system requires connection to public utilities, see Electrical Scope below.

• The City has a preference for a non-proprietary system that can be monitored by various third parties.

• The system must result in fast responses to alarm being triggered, either through sending employees or designated 3rd party to check on trigger, or calling Eugene Police Department after remotely confirming trespass or burglary.

• Contractor must either provide monitoring services or propose other methods of monitoring security system upon completion.

Electrical Scope

• If security system requires connection to electrical grid, design and implement upgrades to electrical system to support the security system referenced above. This may include repairing existing connections or installing new connections.

https://www.eugene-or.gov/444/Standard-Specifications-for-Construction

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• If Offeror is not submitting a response to the 'security' component above, the electrical contractor shall coordinate work with the selected 'security' contractor.

• A new transformer is required in order to connect the building to the public utility, therefore the electrical contractor shall coordinate work with City, EWEB, security contractor (as necessary) to complete work in the Steam Plant in a timely manner.

• Evaluate existing outside lighting system and make repairs OR if not repairable, design and install new cost-efficient exterior security lighting.

Pre-closing Site Tour Potential Offerors may contact the Project Manager, Amanda D’Souza, 541-682-5540 or adsouza@eugene-or.gov to coordinate access to the site if this will assist in submitting a quote for the project. Site tours are strongly encouraged for this project.

mailto:adsouza@eugene-or.gov

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IV. FORMS TO BE SUBMITTED WITH QUOTE

STANDARD QUOTE FORM

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

Acknowledgement of terms, conditions and specifications I have read, understand and agree to be bound by the terms, conditions, and contract provisions included in the solicitation documents as well as all addenda issued for this solicitation. I agree to fulfill the requirements to furnish all material, labor, or to perform all work as herein indicated in strict accordance with the solicitation documents as well as all addenda issued for this solicitation. I have fully availed myself to the location or conditions under which the work is to be performed.

Compliance with Laws Offeror 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.

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.

Prevailing Wage Rate Acknowledgement This solicitation is for a contract that is part of a public works project which is subject to ORS 279C.800 to 279C.870. The contractor and every subcontractor on the project shall pay at a minimum the Oregon BOLI prevailing wage as specified for this project. The contractor certifies compliance with Oregon BOLI Prevailing Wage Rate Laws concerning the payment and certification of payment of prevailing wage rates and has considered this when preparing this quote. __________ (initial)

Experience Offeror certifies they have _______ years’ experience of similar construction work.

Residency Offeror is _____ OR is not _____ an Oregon Resident Offeror.

An Oregon Resident Offeror, as defined by ORS 279A.120, means an Offeror that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the offer, and has a business address in this state.

CCB Registration As a condition to submitting this quote, a contractor must be registered with the Oregon Construction Contractor Board in accordance with ORS 701.035 to 701.055, and disclose their registration number. Failure to register and disclose the number will make this a nonresponsive quote and the quote will be rejected, unless contrary to Federal Law. In the field below, enter your Oregon Construction Contractor Board Registration Number.

Oregon Construction Contractor Board Registration Number:

Expiration Date:

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Subcontractor CCB Registration The Offeror hereby certifies that all subcontractors performing construction work as described in ORS 701.005(2) will be registered with the Oregon Construction Contractors Board prior to commencing work under this contract.

Noncollusion The Offeror certifies that the offer 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 offers or competition. The contents of the offer 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. NOTE that not all items are required to be quoted.

Description Lump Sum

Security System Attach detailed quote describing security system including expected performance/ coverage and installation pricing.

Electrical Attach detailed quote describing necessary electrical system upgrades/repairs to operate lighting and security system.

24/7 Security System Monitoring Attach detailed security system monitoring program.

$ per month

Completion/Delivery Date The Offeror agrees, if awarded the contract to fully complete the work within ____ days after receipt of purchase order or notice to proceed is received from the City of Eugene.

Quote submitted by:

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

Required Submittals Check List

Requirement Initials

Signed Standard Quote Form

Detailed Quotes for each item quoted

Drug Program Certificate

First-Tier Subcontractor Disclosure Form

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CERTIFICATE OF OFFEROR/CONTRACTOR EMPLOYEE DRUG

TESTING PROGRAM ORS 279C.505(2)

OFFEROR’S NAME: _________________________________________________________

ORS 279C.505(2) provides that every public improvement contract contain a condition that the contractor shall demonstrate that an employee drug testing program is in place. The City’s award of the contract (the “Contract”) for which this certificate is required is conditioned, in part, upon the Offeror’s demonstration of compliance with the provisions of ORS 279C.505. If the Offeror named above (the “Offeror”) is awarded the Contract, this certificate shall become a part of, and shall constitute a continuing representation and warranty under, the Contract.

To induce the City of Eugene to award the Contract to the Offeror, the undersigned, as the duly authorized representative of the Offeror, hereby represents and warrants, on behalf of the Offeror:

1) That Offeror has and enforces, and at all times during the term of the Contract will have and enforce, a written employee drug testing policy that, at a minimum:

a) Requires pre-employment drug testing;

b) Requires drug testing of an employee when the Offeror has reasonable cause to believe the employee is under the influence of drugs;

c) Requires compliance with the Oregon Department of Transportation Commercial Driver’s License drug testing regulations.

2) A copy of the Offeror’s current written employee drug testing policy will be available for inspection by the City at any time upon the City’s request.

3) The Offeror/Contractor understands and agrees that its representations and warranties herein will become a continuing part of the Contract and that breach of any of the foregoing will be sufficient grounds for debarment under ORS 279C.130.

The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the substance or procedure of Contractor’s drug testing program. Nothing in this drug testing provision shall be construed as requiring Contractor to violate any legal, including constitutional, rights or any employee, including but not limited to, selection of which employees to test and the manner of such testing. The City shall not be liable for Contractor’s negligence in establishing or implementing, failure to establish or implement a drug testing policy, or for any damage or injury caused by Contractor’s employees acting under the influence of drugs while performing work covered by this contract. These are Offeror/Contractor’s sole responsibilities.

In Witness Whereof, the Offeror has caused this document to be executed by its duly authorized representative on the date shown below.

Signature:

Printed Name:

Title:

Date:

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FIRST TIER SUBCONTRACTOR

DISCLOSURE FORM

Solicitation No. 2022200076

PROJECT NAME: Quote No:

QUOTE CLOSING: Date: Time:

The offeror must identify first-tier contractors that will be furnishing labor or will be furnishing labor and materials in connection with the public improvement contract and will have a contract value that is equal to or greater than five percent of the total project quoted or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project quote. The subcontractor disclosures are public records and will be made available for public inspection.

This form must be submitted at the location specified in the Request for Quote on the advertised quote closing date and within two working hours after the advertised quote closing time.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter “NONE” if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL

SHEETS IF NEEDED.)

NAME DOLLAR CATEGORY

VALUE OF WORK

1) $

2) $

3) $

4) $

5) $

Failure to submit this form by the disclosure deadline will result in a nonresponsive quote. A nonresponsive quote will not be considered for award.

FORM SUBMITTED BY (OFFEROR NAME):

CONTACT NAME:

PHONE: FAX:

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V. SAMPLE CONTRACT

PUBLIC IMPROVEMENT CONTRACT

Security Upgrades at Steam Plant

BETWEEN: The City of Eugene, an Oregon Municipal Corporation (City)

AND: _________________________ (Contractor)

CONTRACT NO.: ____ - _____

EXPIRATION DATE.: ________

RECITALS

A. Contractor was the successful Offeror for the public improvement project described in the plans and specifications that were included in RFQ 2022200076 for the project which hereby forms a part of this Contract by reference.

B. The Contract described herein was awarded under the exemption or procedure authorized by Public Contracting Rules 2014, Division 49, Public Improvement 137-049-0160, RFQ 2022200076.

C. The Contract. The Contract between the City and Contractor (the Contract) includes this Document and its exhibits, together with all of the documents and materials included in the definition of the Contract under the 2021 Oregon Standard Specifications for Construction issued by the Oregon Department of Transportation, as modified by the City’s Supplemental Standard Specifications, Supplemental Specifications for the Project and any other Special Provisions included in the Bid Documents (all specifications and Special Provisions included in the Contract are collectively referred to herein as the Specifications). In addition, the Contract between the City and Contractor shall be deemed to incorporate all reports, records, laws, rules and orders referenced in the Contract documents. This Document includes and incorporates the following Exhibits, which are listed in order of precedence:

Exhibit A - City’s Standard Conditions for Public Improvement Contracts Exhibit B - Contractor’s Quote Exhibit C - Certificate of Offeror/Contractor Employee Drug Testing Program Exhibit D- First-Tier Subcontractor Disclosure Form

AGREEMENT

1. Project. The Project is generally described as providing design, provision, and installation of security system including electrical upgrades as specified in Eugene, Oregon.

2. Work to be Performed. Contractor agrees to furnish all labor, material and equipment for and to construct the improvement listed above (the Project), according to the Quote Documents (the "Work"). See attached Exhibit B.

3. Time of Commencement and Completion. Contractor will commence the Work soon after City gives its written notice to proceed, and shall work steadily until completion.

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4. Contract Sum. The Contract Sum is $_______, which consists of lump sum amount quoted by Contractor.

5. Progress Payments/Retainage. City shall make progress payments monthly as the Work progresses. Payments shall be based upon estimates of the Work completed and approved by City. Progress payments shall not be considered an acceptance or approval of any of the Work or a waiver of any defects therein. City may reserve as retainage from progress payments an amount not to exceed five percent of the payment.

Contractor shall have the right to deposit bonds or securities in lieu of cash retainage, or to have cash retainage deposited in an interest bearing account, in accordance with ORS 279C.560. Irrevocable letters of credit from a bank doing business in Oregon will be accepted in lieu of cash retainage.

6. Final Payment. Not more than 30 days after final completion of the Work and City's final acceptance of the Work, which shall include the taking of final measurements of quantities, City shall make its final payment to Contractor. Retainage held by City shall be included in and paid to the Contractor as part of the final payment. If the final payment is made more than 30 days after final completion and final acceptance, City shall pay Contractor interest at the rate of one-and-one-half percent per month on the final payment commencing 30 days after final completion of the Work by Contractor and final acceptance of the Work by City. To facilitate City's inspection, Contractor shall notify City in writing when Contractor considers the Work complete.

7. Statement of Compliance. Before any payment is made to Contractor, Contractor shall file with City a statement, under oath, that it has complied with all provisions of State law governing Contractors on a public contract and that it has complied with the provisions of the Eugene Code governing fair employment practices. In addition, Contractor shall file with City a sworn statement by each of its subcontractors to the same effect.

8. Quality of Work/Warranty. Contractor warrants to City for a period of one year from final acceptance of the Work by City that all materials and equipment furnished under this Contract will be new, unless otherwise specified, and the Work will be of good quality, free from faults and defects and in conformance with City's specifications. Work not so conforming with these standards shall be considered defective. At its own expense, Contractor will make good and repair any defects arising from faulty workmanship or materials, if the defective work is discovered within the one-year warranty period and notice thereof is given to Contractor within 60 days after the expiration of the warranty period. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment as specified in the specifications.

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.

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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 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 material change, non-renewal or 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.

10.1. Commercial General Liability. Contractor shall maintain a broad form commercial general liability insurance policy reflecting limits 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 contain a contractual liability endorsement to cover Contractor's indemnification obligations under this 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.

10.2. Automobile Liability. Contractor 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.

10.3. Workers' Compensation Insurance. Contractor 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. Performance and Payment Bonds. Not Required.

12. Termination and Suspension. City may terminate this Contract or suspend the Work at any time for any reason considered by City, in the exercise of its sole discretion, to be in the public interest. In the event the suspension of the work is not the result of a labor dispute and this Contract is not terminated, Contractor shall be entitled to a reasonable extension of the time for completion, to be determined by the City, and shall be compensated for all actual verified costs incurred as a result of the suspension, plus Contractor's standard overhead with respect to such costs. In the event of a termination

RFQ 2022200076 Security Upgrades at Steam Plant 15 of 25 pages of this Contract under these provisions, Contractor shall be compensated for any preparatory work and actual, verified costs and expenses incurred as a result of the termination. In addition, Contractor shall be compensated for the Work performed on the basis of the Contract Sum in the case of any fully completed separate item or portion of the Work for which there is a separate or unit price and with respect to any other portion of the Work shall be paid a percent of the Contract Sum allocated to such other Work equal to the percentage of Work completed to the date of termination. Provided, however, none of the foregoing provisions concerning compensation in the event of a suspension of Work or termination of this Contract shall apply if such suspension or termination occurs as a result of Contractor's violation of any Federal, State or local statutes, ordinances, rules or regulations or as a result of any violation by Contractor of the terms of this Contract, including a determination by City that Contractor has not progressed satisfactorily with the Work in accordance with specifications.

13. Preference for Goods and Services.

13.1. Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. Recycled products include all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post consumer waste with not less than 10 percent of its total weight consisting of post consumer waste, as well as any product that could have been disposed of as a solid waste, having completed its life cycle as a consumer item, but otherwise refurbished for reuse without substantial alteration of the product's form.

13.2. In performance of the Work, Contractor shall prefer materials that have been manufactured or produced in the state of Oregon, if price, fitness, availability and quality are otherwise equal.

14. Environmental Matters. Contractor shall comply with and require its subcontractors to comply with all applicable Federal, State and local statutes, ordinances, orders, rules and regulations relating to the protection of human health and environment, including, but not limited to, the use, storage, release, spill, disposal or other handling of petroleum products and other hazardous substances. The following Federal, State and local agencies have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect or may affect the performance of this Contract:

14.1. Federal Agencies

Bureau of Indian Affairs Bureau of Land Management Bureau of Outdoor Recreation Bureau of Reclamation Bureau of Sport Fisheries & Wildlife U.S. Army Corps of Engineer U.S. Coast Guard U.S. Council on Environmental Quality U.S. Department of Agriculture U.S. Department of Defense U.S. Department of Interior U.S. Department of Labor U.S. Department of Transportation

RFQ 2022200076 Security Upgrades at Steam Plant 16 of 25 pages

U.S. Environmental Protection Agency U.S. Federal Highway Administration U.S. Forest Service U.S. Occupational Safety & Health Administration U.S. Soil Conservation Service

14.2. State of Oregon Agencies

Department of Agriculture Department of Environmental Quality Department of Fish & Wildlife Department of Forestry Department of Geology & Mineral Aid Department of Human Resources Division of State Land Land Conservation & Development Commission Soil & Water Conservation Commission State Engineer State Land Board State Marine Board Water Resources Board

14.3. Lane County & City of Eugene Agencies

Eugene & Lane County Planning Commissions Eugene City Council Eugene Department of Public Safety Eugene Department of Public Works Eugene Development Department Eugene Downtown Development Commission Eugene Library, Recreation and Cultural Services Department Lane County Board of Commissioners Lane County Boundary Commission Lane Regional Air Pollution Authority

15. Unanticipated Regulatory Compliance and Site Conditions.

15.1. If Contractor is delayed or additional work is required by reason of existing regulations or ordinances not cited above, or due to the enactment of new or the amendment of existing statutes, ordinances or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after submission of the successful bid, City may, at its sole discretion:

15.1.1. terminate the Contract;

15.1.2. complete the Work itself;

15.1.3. use non-City forces already under contract with City;

15.1.4. require that the underlying property owner be responsible for the Work;

15.1.5. set out to bid for a new Contractor to provide the necessary Services; or

RFQ 2022200076 Security Upgrades at Steam Plant 17 of 25 pages

15.1.6. issue Contractor a change order setting for the additional work that must be undertaken.

15.2. If Contractor encounters a condition not referred to in bid documents, not caused by

Contractor, and not discoverable by a reasonable pre-bid visual site inspection, and that condition requires compliance with the regulations referred to above, Contractor shall immediately provide City notice of the condition. Except as required by any environmental or natural resource regulation, or, in case of an emergency, Contractor shall not commence work or incur any additional job site costs with regard to the condition encountered without written direction from City. Upon request, Contractor shall estimate emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition, and promptly deliver such estimate to City for resolution.

15.3. In the event of an occurrence of an unanticipated site condition as described above, City, within a reasonable period of time, may do any of the following at its sole discretion:

15.3.1. terminate the Contract;

15.3.2. complete the Work itself;

15.3.3. use non-City forces already under contract with City;

15.3.4. require that the underlying property owner be responsible for the Work;

15.3.5. set out to bid for a new Contractor to provide the necessary Services; or

15.3.6. issue Contractor a change order setting for the additional work that must be undertaken.

15.4. In the event City terminates the Contract under 15.3.1 or 15.1.1, Contractor shall be entitled to all costs and expenses incurred to date of the termination, including overhead and reasonable profits, on the percentage of the work completed.

Contractor shall not be entitled to profits on the uncompleted portion of the Contract.

If City chooses to issue a change order as set out at 15.3.6 above, or to terminate the Contract as set out at 15.3.1 above, it shall have access to Contractor's documentation used to prepare Contractor's bid when making its determination of the additional compensation due.

16. Default and Willful Violation. Without limiting the City’s right to debar the Contractor for up to three years, if the Contractor willfully violates any of the provisions of Sections

4.615 to 4.650 of the Eugene Code, 1971, or any of the provisions of State law governing public contracts, or if Contractor knowingly files false affidavits of compliance required under paragraph 6, Contractor shall waive for a period of one year any right to bid upon any public improvement project let by City. If Contractor or any of Contractor's subcontractors violates any such provisions or files any such false affidavits of compliance, or in the event Contractor otherwise fails to perform any of its obligations under this Contract, time and quality of performance being of the essence, City may, at its option, terminate this Contract upon written notice to Contractor. In the event of a termination of this Contract or a subcontract under these provisions, Contractor or the subcontractor, if applicable, shall forfeit all rights under this Contract or the subcontract, RFQ 2022200076 Security Upgrades at Steam Plant 18 of 25 pages as the case may be. The City's claim for damages and any other relief available to City resulting from the Contractor's breach shall survive a termination of this Contract.

17. Liquidated Damages. Not Applicable.

18. Dispute Resolution

18.1. Construction of Contract. This Agreement shall not be construed against either party regardless of which party drafted it. Other than as modified by the Agreement, the applicable rules of contract construction and evidence shall apply. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflict of laws.

18.2. Attorney’s Fees. If any suit, action, arbitration or other proceeding is instituted upon this Agreement or to enforce creditor’s rights or otherwise pursue, defend or litigate issues to or peculiar to federal bankruptcy law (including, but not limited to, efforts to obtain relief from any automatic stay), or any other controversy arises from this Agreement, the prevailing party shall be entitled to recover from the other party and the other party agrees to pay the prevailing party, in addition to costs and disbursements allowed by law, such sum as the court, arbitrator or other adjudicator may adjudge reasonable as an attorneys’ fee in such suit, action, arbitration or other proceeding, and in any appeal thereof or therefrom. Such sum shall include an amount estimated by the court, arbitrator or adjudicator, as the reasonable costs and fees to be incurred in collecting any monetary judgment or award or otherwise enforcing each award, order, judgment or decree entered in such suit, action or other proceeding. The award of costs and expenses after trial de novo following arbitration under ORS 36.400 et seq. shall be made as provided for in ORS 36.425. The award of costs and expenses after appeal from a judgment entered after trial de novo shall be to the prevailing party designated as such by the appeals court.

19. Notices. Any notices permitted or required by the Contract shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, and with return receipt requested, to the persons and addresses shown below.

In addition, if directions for telephonic or electronic transmission (fax or email) are set forth below, notices may be delivered by fax or email. Notices sent by certified mail will be deemed delivered three business days after placement in the mail and notices sent by fax or email will be deemed delivered when successful transmission is electronically confirmed. Except as expressly provided in the Contract, required notices must be signed by the person designated to receive notices, or that person’s designee or attorney.

Contractor: _________ email

City: ________

Department/Division Eugene, Oregon 9740________ email

RFQ 2022200076 Security Upgrades at Steam Plant 19 of 25 pages

Each party shall notify the other of any change in the name, address or fax or email instructions to be used for delivery of notices.

20. Entirety of Contract. The Contract contains the entire Agreement between the parties concerning the construction of the Project and supersedes all prior agreements, verbal and written. The Contract may be modified only in writing, signed by all parties.

21. Effective Date. The effective date of this Contract shall be the latest date of signature by the parties.

CITY OF EUGENE CONTRACTOR

By: By:

Signature Signature

Name: Name:

Title: Title:

Date: Date:

RFQ 2022200076 Security Upgrades at Steam Plant 20 of 25 pages

EXHIBIT A

CITY OF EUGENE - STANDARD CONTRACT PROVISIONS

Contracts Subject to ORS Chapter 279C

Services of Architects, Engineers, Land Surveyors and Related Consultants on Public Improvements Construction Services

Labor and Services for Public Improvements and Public Works Subject to ORS 279C.800 to 279C.870

The following provisions, if applicable, are hereby included in and made a part of the attached contract for a public work 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…