2022200022_A1_Checked Baggage Inspection System TC3 Expansion.pdf

Public Improvement

Invitation to Bid

Checked Baggage Inspection System TC3 Expansion at Eugene Airport

Solicitation ITB 2022200022

Due Date and Time:

Wednesday, November 17 at 2:30 PM

CITY OF EUGENE

Central Services Finance Division/Purchasing

100 West 10th Avenue, Suite 400 Eugene, Oregon 97401

THE PURCHASING OFFICE IS CURRENTLY

CLOSED TO THE PUBLIC.

Telephone: (541) 682-5055

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I. INVITATION TO BID

INVITATION TO BID 2022200022

Notice to Suppliers Pursuant to ORS 279C.365 and City of Eugene Administrative Order 44-14-08, Public Contracting Rule (City Rule) 137-049-0200, bids for Checked Bag Inspection System TC3 Expansion at Eugene Airport for the City of Eugene will be accepted by the Purchasing Office until Wednesday, November 17, 2021 at 2:30 PM. Bids will be opened immediately thereafter and publicly read aloud in a Teams Meeting Click here to join the meeting . Bids will not be accepted after the bid closing time and date. Bids shall be valid for 90 days after opening. This Invitation to Bid (ITB) does not commit the City to pay any costs incurred by any bidder in the submission of a bid.

Project Description In general, work will involve modification of existing checked baggage inspection areas and installation of one (1) new CT-80 DR+EDS to TC3 screening line. Work involved will be electrical, conveyor system install, compliance testing, equipment training, general finishing work, and other related services.

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

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

Proposers must submit their proposals through OregonBuys before the due date and time specified. Proposers who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046.

Prevailing Wage Rates This ITB is for a public improvement project which is subject to the State of Oregon Bureau of Labor (BOLI) prevailing wage law (ORS 279C.800 to 279C.870). Oregon law requires that the state prevailing wage rates be paid to workers on projects in Oregon subject to the state prevailing wage rate law For the BOLI Prevailing Wage Rates in effect on July 1, 2021 as well as applicable amendments in effect on October 1, 2021. Rates can be found at the following link:

https://www.oregon.gov/boli/whd/pwr/pages/pwr_state.aspx

The resulting Contract shall include the prevailing rates of wage set by the Commissioner of the Oregon Bureau of Labor and Industries (‘Commissioner’) under ORS 279C.800 to 279C.870 (‘state prevailing rate of wage’).

Pre-Bid Meeting A mandatory pre-bid meeting will be held Thursday, October 28, 2021 at 1:00 PM PST via a virtual Teams Meeting Click here to join pre-bid meeting. Only primary contractors in attendance will be permitted to submit bids for this project. Subcontractors and suppliers are not required to https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWVkM2U4N2UtMDFhYy00Zjk5LWE0NTYtY2MwZmFkMGFiNDVj%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22adf6ddba-12b3-4d3d-ba3a-2fe92db06812%22%7d http://www.oregonbuys.gov/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@oregon.gov https://www.oregon.gov/boli/whd/pwr/pages/pwr_state.aspx https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDk2YTU3M2ItYzVmMS00NjYwLWIzMzQtYjRkZDNkNGYzYzc5%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22adf6ddba-12b3-4d3d-ba3a-2fe92db06812%22%7d

ITB 2022200022 CBIS TC3 Expansion at Eugene Airport Page 2 attend the meeting, but are advised to do so if it is necessary to submit a bid. Statements made by the City’s representatives during the pre-bid conference are not binding upon the City unless confirmed by written addendum issued under Section II (9.0) of this ITB.

Single Point of Contact City of Eugene Purchasing is the issuing office. Address all concerns or questions regarding this solicitation to the Purchasing Analyst identified below.

Dated: October 15, 2021

Shawn Hubbell Purchasing Analyst City of Eugene shubbell@eugene-or.gov mailto:shubbell@eugene-or.gov

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II. INSTRUCTIONS TO BIDDERS

1.0 STANDARD BID FORM

1.1 Bids shall be submitted on forms identical to those forms provided by the City. The bidder shall make no alterations or additional stipulations on the bid form nor qualify the bid in any other manner. Alteration of any part of the bid form content will cause the bid to be considered non-responsive.

1.2 All available fields on the bid form shall be filled in electronically, by typewriter or manually, in ink. Mistakes must be crossed out and corrections typed or written in ink and initialed by the party signing the bid. No erasures are permitted. The omission of any required information or forms may invalidate a bid.

1.3 Complete sets of bid documents shall be used in preparing bids.

2.0 SUBMISSION

2.1 Proposers must submit their proposals through OregonBuys before the due date and time specified. Proposers who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046.

2.2 Proposer is responsible for submitting their proposal prior to the closing time and date.

Late proposals will not be accepted. The City is not responsible for any delays caused by computer/software issues.

2.3 Oral, telephonic, telegraphic, faxed, or emailed proposals are invalid and will not be considered.

2.4 A mandatory pre-bid meeting will be held Thursday, October 28, 2021 at 1:00 PM.

The meeting will be presented virtually on Microsoft Teams See page 1 for the meeting link. Only primary contractors in attendance will be permitted to submit bids for this project. Subcontractors and suppliers are not required to attend the meeting, but are advised to do so if it is necessary to submit a bid. Statements made by the City’s representatives at the pre-bid conference are not binding upon the City unless confirmed by written addendum issued under Section II (9.0) of this ITB.

3.0 MINIMUM REQUIREMENTS

The successful bidder must meet the following criteria to be considered for award:

3.1 Contractor must be licensed by the Construction Contractors Board (CCB) to be considered a Responsive Bidder for the ITB.

3.2 Demonstrate professional competency at performing the proposed work. Such evidence shall consist of providing evidence of competency that includes statements covering the bidder’s past experience on similar work, references that support this experience, and a list of key personnel that would be available if bidder is awarded the contract.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@oregon.gov

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4.0 SILENCE OF SPECIFICATIONS

The apparent silence of the specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

It is intended that the Contractor in the selection of components will use material and design practices that are the best available in the industry for the type of operating conditions to which the item(s) will be subjected and at the least meets the minimum standards of performance as specified in this Request. All parts, equipment and accessories shall, at the least, conform in strength, quality of material and workmanship to recognized industry standards and the minimum requirements of this Request.

5.0 SOLICITATION MODIFICATIONS

Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst, in writing, preferably by email, in conformance with City Rule 137-049-0260, and no less than 10 calendar days PRIOR to the solicitation closing, and submitted separately from the solicitation response.

A request for change shall be marked “Contract Provision Request for Change” and include the solicitation number and title along with a statement of the requested change(s) to the Contract terms and conditions, including any Specifications, together with the reason for the requested change.

Contents of questions, clarifications, modifications, or substitutions shall include the following, as applicable:

• The solicitation number and title

• A reference to the page and 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.

6.0 BID MODIFICATION OR WITHDRAWAL

6.1 Bids may be modified in writing prior to closing in accordance with City Rule 137-049-

0280. Bidder shall submit any modification to its bid in accordance with the requirements for submitting a bid listed in II. INSTRUCTIONS TO BIDDERS, 2.0

SUBMISSION.

Any modification must include the bidder’s statement that the modification amends and supersedes the prior bid. The bidder shall mark the submitted modification as follows:

Bid Modification; and Solicitation Number

6.2 Bids may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for bid closing or as otherwise authorized by City Rule 137-049-0320(2).

7.0 OR EQUAL

7.1 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

ITB 2022200022 CBIS TC3 Expansion at Eugene Airport Page 5 substitution is stated in the specifications. Items bid other than specified must be determined by the Purchasing Analyst as an approved equal. Submit to the Purchasing Analyst their intent to bid an approved equal no less than fourteen (14) days prior to the bid closing. Include detailed specifications, cut-sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

7.2 Approval of alternate materials and equipment shall rest solely with the City and all bidders shall be notified of such approval by addenda prior to the bid closing.

8.0 SOLICITATION PROTESTS

If a prospective bidder believes that the procurement process is contrary to law or that this solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name, the prospective bidder may file a protest with the City. Protests must be submitted in writing to the City’s Purchasing Manager, no less than seven (7) calendar days prior to solicitation closing. The protest must be emailed to Eugene.Purchasing@ci.eugene.or.us, clearly identified as a protest and identifying the solicitation being protested. Faxed protests shall not be accepted.

The Purchasing Manager shall consider the protest if it is timely filed in accordance with City Rule 137-049-0260 and contains the following information: 1) sufficient information to identify the solicitation that is the subject of the protest; 2) the grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name; 3) evidence or supporting documentation that supports the grounds on which the protest is based; and 4) the relief sought. The Purchasing Manager shall issue a decision on the protest no fewer than three

(3) business days before the solicitation closing, unless a written determination is made by the Purchasing Manager that the public interest requires a shorter time limit.

9.0 ADDENDA AND INTERPRETATIONS

9.1 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 137-049-0250, and as follows: City will not mail notice of addenda, but will publish any addenda on the OregonBuys site. Addenda may be downloaded from the 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).

9.2 Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued in accordance with City Rule 137-049- 0210(1) shall be binding upon the proposer.

10.0 NONDISCRIMINATION

Submittal of a bid in response to this ITB evidences bidder’s agreement that, in performing the work called for by this ITB and in securing and supplying materials, bidder has not and will not discriminate against: 1) any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, physical or mental handicap, national origin or ancestry unless the reasonable demands of employment are such that they cannot be met by a person with a particular physical or mental handicap; and 2) a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned or controlled by, or that employs a disable veteran as defined in ORS 408.225.

mailto:Eugene.Purchasing@ci.eugene.or.us https://oregonbuys.gov/bso/

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11.0 PREPARATION OF BIDS

Bidders are expected to examine the specifications, schedules and all instructions. The City is not liable for costs associated of preparation of bids in response to this ITB.

12.0 EMPLOYEES NOT TO BENEFIT

No employee or elected official of the City of Eugene shall be permitted to receive any share or part of this contract or any benefit that may arise therefrom.

13.0 CITY FURNISHED PROPERTY

No material, labor or facilities will be furnished by City unless otherwise provided for in this

ITB.

14.0 PERFORMANCE AND PAYMENT BONDS

In accordance with City Rule 137-049-0460 the successful bidder shall provide, within thirty

(30) days after receiving the bid award, a performance bond and payment bond each in a sum equal to the Contract Price or Order Price. The bonds shall be dated concurrent to, or subsequent to, the date of the Contract or Order.

15.0 BID SECURITY

Each bid shall be accompanied by a bid security in the amount of five percent (5%) of the Base Bid price. The security is to be furnished by the company who will construct the Public Work/Public Improvement offered.

16.0 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 subcontractors have filed a public works bond as required above.

17.0 RESERVED RIGHTS

The City reserves the right:

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

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

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

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

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

F. In the event that two or more bids 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 bidder or bidders to whom a contract is awarded shall default in executing said formal contract or in furnishing a satisfactory performance bond within the time and manner herein after specified, to re-award the contract to another bidder or bidders.

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H. To extend the deadline for submitting bids, in according with City Rule 137-049-0250(3).

I. To negotiate additions or deletions to goods and services requested.

J. To include liquidated damages of $5,000 per day for each day the good is not delivered as set forth in the contract, barring circumstances beyond Contractor’s control.

18.0 RECYCLABLE PRODUCTS

Not applicable.

19.0 CONSIDERATION OF BIDS

19.1 Bids will be opened virtually via a Microsoft Teams Meeting (see page 1 for link) at the due date and time indicated in the ITB or any extension thereof made by addendum. Bidders and other interested parties are invited to attend the bid opening;

however, the identity of the successful bidder will not be determined at the bid opening time.

19.2 It is the intent of the City to award a contract to the lowest responsible bidder provided the bid has been submitted in accordance with the requirements of these bidding documents and does not exceed the funds available. Consistent with the provisions of the bid documents, award may be made by item, groups of items, or the entire bid upon the City’s determination that it is in the public interest to do so.

19.3 This project takes place within the restricted areas of the Eugene Airport. Compliance with all FAA and Eugene Airport Security Requirements is mandatory. Failure of the Contractor to meet Airport Security requirements listed in Section 01-35-53 Security Procedures of Attachment B and the Airport Security Requirements in Attachment C, adequately and efficiently as determined by the City of Eugene may cause the Contractor to be considered non-responsible, resulting in cancellation of award.

19.4 The City shall provide written notice by email, regular mail, or facsimile of the City’s intent to award the contract. Award shall not be final until the later of the following:

a. Seven (7) calendar days after the date of the Notice of Intent to Award; or

b. City provides a written response to all timely filed protests, if any, that denies the protest and affirms the award.

Bidders may protest the notice of intent to award the contract in accordance with City Rule 137-049-0450.

20.0 PUBLIC RECORDS

20.1 This ITB and one copy of each original bid 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 a file or record which shall be open to public inspection. If a bid 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-

ITB 2022200022 CBIS TC3 Expansion at Eugene Airport Page 8 disclosure of documents or any portion of a document submitted as part of a bid may depend upon official or judicial determinations made pursuant to the Public Records Law.

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

21.0 PUBLIC WORKS ADDITIONAL INSTRUCTIONS

21.1 All requested alternates shall be bid. If no change in the base bid amount is required, enter “No Change.”

21.2 Where two or more bids for designated portions of the work have been requested, the bidder may, without forfeiture of its bid security (if required), state its refusal to accept an award of less than the combination of the bids stipulated by the bidder.

21.3 The City may not receive or consider a bid for a public improvement contract unless the bidder is licensed by the Construction Contractors Board. The City will check the Construction Contractors Board (CCB) list of vendors not qualified for Public Improvement contracts to verify that the lowest bidder is eligible for public improvement contracts. The lowest bidder will also be evaluated to determine if it meets standards of responsibility. A responsibility determination form required by the Construction Contractors Board will be completed by the City and submitted to the CCB within 30 days of award of the contract.

21.4 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 bidder. All prices bid must be F.O.B.

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

21.5 Include complete standard warranty information and factory specifications on 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.

22.0 PUBLIC WORKS REQUIRED SUBMITTALS

22.1 Drug Testing Certificate. Bidder is required to submit a completed Drug Testing Certificate with its bid. The bidder must state that it has and will maintain during the performance of the contract, an employee drug testing program.

22.2 First Tier Subcontractor Disclosure. Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is estimated by the Contracting Agency to be greater than $100,000 (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract either in its Bid submission, or within two hours after Bid Closing:

(1) The subcontractor's name,

(2) The category of Work that the subcontractor would be performing, and

(3) The dollar value of the subcontract.

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If the Bidder will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate "NONE" on the accompanying form.

THE CONTRACTING AGENCY MUST REJECT A BID IF THE BIDDER FAILS TO

SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED

DEADLINE (see Rule 137-049-0360).

22.3 Bid Security. Each bid shall be accompanied by a bid security in the amount of five percent (5%) of the bid price. The security is to be furnished by the company who will construct the Public Work/Public Improvement offered.

22.4 Certificates of Insurance. The successful bidder 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.

23.0 CONTRACT AWARD

Submittal of a bid evidences bidder’s intent to execute and be bound by the terms of the attached contract. Negotiation will be conducted only as allowed by City Rule 137-049-0420.

After award of the contract, City and Contractor may only modify the contract in accordance with City Rule 137-049-0910.

24.0 ANNOUNCED AWARDEE

It is anticipated that a tentative contract awardee will be announced in writing to each proposer within 30 days from the date of opening. The announcement is for procedural purposes only and does not create any contractual rights in the tentative contract award. The City will not be bound to the tentative contract awardee until a contract has been executed by the City.

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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.

1.0 WASTE REDUCTION

Intentionally left blank.

2.0 IDLING REDUCTION

2.1 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:

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

b. 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.)

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

3.0 ENVIRONMENTALLY PREFERRED PRODUCTS

Intentionally left blank.

4.0 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 Qualified Rehabilitation Facilities (QRF) 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 Qualified Rehabilitation Facilities Program website at http://dasapp.oregon.gov/qrf/index.aspx to search for Qualified Rehabilitation Facilities from whom to procure products or services.

http://www.eugene-or.gov/sustainpurch https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp http://dasapp.oregon.gov/qrf/index.aspx

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IV. ANTICIPATED BID SCHEDULE

The following is the anticipated schedule for submission and review of bids and award of the desired contract. This schedule is subject to change by the City in its sole discretion. Any change to the bid submittal deadline will be done by an addendum to this ITB.

ACTIVITY DATE

Invitation to Bid issued ............................................................................. October 15, 2021

Mandatory Pre-bid Meeting…………….. ........................ ……October 28, 2021 1:00 PM

Last date to request solicitation clarification or change .... ………..……..November 3, 2021

Last date to protest solicitation……………………………......……..……November 10, 2021

Bids due no later than………...……………..…..………...November 17, 2021 at 2:30 PM

Late bids will not be considered

Notification of Intent to Award issued………………….…. no later than November 19, 2021

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V. REQUIREMENTS / SPECIFICATIONS

See Attachment A – Construction Drawings

See Attachment B – Construction Specifications

See Attachment C – Airports Security Requirements

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VI. FORMS TO SUBMIT WITH BID

STANDARD BID FORM

Solicitation 2022200022

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

Acknowledgement of terms, conditions and specifications

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

2. The bidder has carefully checked the figures entered in the form, has carefully reviewed for accuracy all statements in this bid and attachments, and agrees that the City will not be responsible for any errors or omissions of the bidder in preparing this bid. The bidder agrees that this bid may not be revoked or withdrawn for 120 calendar days after the date on which bids are received.

3. Contract Execution. The bidder agrees that if this bid is accepted it will, within 14 calendar days after having received the Notice of 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 insurance documentation as required.

4. Addenda. The bidder 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 bid. (Bidder: insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws Bidder hereby agrees to comply with all applicable Oregon public contracting code provisions, as more specifically described in the attached contract and associated Exhibit A. Proposer 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 Bidder 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 bidder’s minority business certification or other bidder qualifications.

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 bidder is not an Oregon Resident Bidder, in the field provided indicate the bidder’s (Business) State of Residence. _____________________

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Certification of Nondiscrimination Bidder 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 bidder certifies that the bid has been arrived at by the bidder, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, bidder, or vendor on materials, supplies, equipment or services, described in the solicitation documents, designed to limit independent bids or competition. The contents of the bid herein presented and made have not been communicated by the bidder or their employees or agents to any person not an employee or agent of the bidder 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 Table

Lump sum to modify existing baggage screen line to accommodate the installation of one new CT80 DR+EDS to TC3 screening line machine, including providing and installing free-standing work/walkway platform.

All work to be completed per the specifications, requirements, and time schedule stated with Attachment A, B, and C.

Prevailing Wage Rate Acknowledgement The contract is subject to the BOLI Prevailing Wage Rate ORS 279C.800 through ORS 279C.870. The contractor certifies compliance with the BOLI Prevailing Wage Rules concerning the payment and certification of payment of prevailing wage rates and has considered this when preparing this bid. __________ (initial)

Completion/Delivery Date The bidder agrees, if awarded the contract, to begin the work within 10 days after receipt of notice to proceed is received from the City of Eugene and to maintain progress as outlined in the Phasing and Scheduling of Work that will be submitted prior to beginning work.

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

CCB Registration As a condition to submitting this bid, a contractor must be registered with the Oregon Contractors Board in accordance with Oregon State Law and disclose their registration number.

Failure to register and disclose the number will make this a nonresponsive bid and the bid will be rejected, unless contrary to Federal Law. In the field below, enter your Oregon Contractor Board Registration Number.

Oregon Licensed Contractor Business Contractor Registration Number:

Expiration Date:

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Subcontractor CCB Registration The bidder hereby certifies that all subcontractors performing construction work for this contract are eligible to receive Public Works Contracts and have filed a Public Works bond with the Oregon Construction Contractors Board prior to commencing work under this contract.

Bid 2022200022 submitted by:

Name: Title:

Signature: Date:

Company Name:

Address:

Phone: Fax:

Email Address:

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

Name: Title:

Phone: Email Address:

Required Submittals Check List

Requirement Initials

Signed Standard Bid form

Drug Program Certification form

1STTier Subcontractor Disclosure form

Evidence of Competency information

Bid Security equal to 5% of Base Bid

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CERTIFICATE OF BIDDER/CONTRACTOR

EMPLOYEE DRUG TESTING PROGRAM

ORS 279C.505(2)

Solicitation No. 2022200022

BIDDER’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 bidder’s demonstration of compliance with the provisions of ORS 279C.505 (2). If the bidder named above (the “Bidder”) 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 Bidder, the undersigned, as the duly authorized representative of the Bidder, hereby represents and warrants, on behalf of the Bidder:

1) That Bidder 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 Bidder 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 Bidder’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 Bidder/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 Bidder/Contractor’s sole responsibilities.

In witness whereof, the Bidder 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. 2022200022

PROJECT NAME: BID No:

BID CLOSING: Date: Time:

The bidder 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 bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid. 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 Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid 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 bid. A nonresponsive bid will not be considered for award.

FORM SUBMITTED BY (BIDDER NAME):

CONTACT NAME:

PHONE: FAX:

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BID SECURITY

Bid security equal to 5% of lump sum bid to be submitted on form from surety (example AIA form 310). The City does not prescribe a particular form to be used.

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EVIDENCE OF COMPETENCY REQUIREMENT

Include as an attachment to the bid submittal the following:

1. Describe relative project experience of bidder and of major subcontractor(s).

2. Provide three references of similar projects completed within the last two years. Include project name, project description, contact person/title, email of contact person, date of completion, approximate contract value.

3. Provide list of key personnel with resumes and qualifications that will be working on this project. Include project manager, programmer lead, compliance testing lead, and training lead.

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VII. CAPITAL IMPROVEMENT CONSTRUCTION CONTRACT

Checked Baggage Inspection System TC3 Expansion at Eugene Airport

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

AND: _________________________ (Contractor)

CONTRACT NO.: ____ - _____

EXPIRATION DATE. ________

RECITALS

A. Contractor was the successful Bidder for the public improvement project described in Exhibit B which includes the plans and specifications that were included in the bid documents of solicitation ITB 2022200022 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- 0130.

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 2018 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:

Exhibit A - City’s Standard Conditions for Public Improvement Contracts Exhibit B - Contractor’s Bid, including pay items and pricing.

Exhibit C - Required Forms

AGREEMENT

1. Project. The Project is generally described as: Checked Baggage Inspection System

TC3 Expansion at Eugene Airport.

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 Bid Documents (the "Work"). See attached Exhibit B.

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3. Time of Commencement and Completion. Contractor will commence the Work not later than 10 days after City gives its written notice to proceed, and shall complete the Work within the time stated in the bid proposal.

4. Contract Sum. The Contract Sum is $_______, which consists of unit prices bid by

Contractor multiplied by estimated quantities, together with lump sum amounts for portions of the Work, as described on the Bid Proposal attached hereto. The actual sum payable to Contractor for the Work shall be based on lump sum amounts and actual quantities.

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 ten 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

ITB 2022200022 CBIS TC3 Expansion at Eugene Airport Page 22 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 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…