2022200048_A1_ITB_Flooring Supply and Installation final.pdf

Invitation to Bid

Public Improvement Project

Flooring Supply and Installation Services

Solicitation Number ITB No.2022200048

Due Date and Time:

Wednesday, March 30, 2022 at 2:30 PM PDT

CITY OF EUGENE

Central Services Finance Division/Purchasing

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

Telephone: (541) 682-5055

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I. INVITATION TO BID

CITY OF EUGENE INVITATION TO BID

Solicitation Number ITB No. 2022200048

Notice to Suppliers Pursuant to ORS 279C.365 and City of Eugene Administrative Order 44-14-08F, Public Contracting Rule (City Rule) 137-049-0200, sealed Bids for Flooring Supply and Installation Services for the City of Eugene will be accepted by the Purchasing Office until Wednesday, March 30, 2022 at 2:30 PM PDT Bids will be opened immediately thereafter and publicly read aloud in a Microsoft Teams meeting. Bids will not be accepted after the Bid closing time and date. Bids shall be valid for ninety (90) days after opening unless otherwise specified in the Bid specifications. 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, this ITB will be used to establish one or more Price Agreement Contracts based on category pricing which includes the provision of all labor, materials, equipment, and services per specifications necessary for furnishing and installing floor coverings for multiple City of Eugene projects. The initial term of the Price Agreement Contract will be for two (2) years, with the option to renew for three (3) additional one-year terms.

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

• Scroll to Supplier Activities

• Click the Open Bids icon

• Click the Advanced Search button

• Click Select Organization

• Select City of Eugene

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

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

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

Prevailing Wage Rates Goods and Services ordered through a purchase order from an awarded price agreement Contract will be subject to ORS 279C.800 to 279C.870. Contractor shall pay workers at not less than the specified minimum hourly rate of wage and shall include that requirement for all projects deemed to require prevailing wages. All Bidders 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. The documents can be accessed at https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx.

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: March 9, 2022 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTk3YjYzMGUtYzgxOC00M2ZlLWEwODUtZmMxNGNhOWE5MjM4%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22f49b8c19-664e-44a9-a106-9eb71339936a%22%7d https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@oregon.gov https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

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Margaret Merisante, Purchasing Analyst, AIC City of Eugene MMerisante@eugene-or.gov mailto:MMerisante@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. It is a Bid requirement to return the itemized flooring worksheets with the Bid documents.

2.0 SUBMISSION

2.1 Bidders must submit their Bids, including a scanned copy of the Bid security, through OregonBuys before the due date and time specified. Bidders who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046.

2.2 Bidder is responsible for submitting their Bid prior to the closing time and date. Late Bids 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 Bids are invalid and will not be considered.

3.0 SOLICITATION MODIFICATIONS

3.1 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.

3.2 A request for change shall be marked “Request for Change for ITB #2022200048” and include the solicitation title along with a statement of the requested change(s) to any Specifications or Contract terms and conditions together with the reason for the requested change.

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

3.3.1 The solicitation number and title

3.3.2 A reference to the page and item being addressed

3.3.3 The reason and any proposed alterations

3.4 Questions, clarifications, modifications, or substitutions included with the response to the solicitation may cause it to be considered Non-responsive.

4.0 BID MODIFICATION OR WITHDRAWAL

4.1 Bids may be modified in writing prior to closing in accordance with City Rule 137-049- 0320(1). 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:

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

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4.1.1 Bid Modification; and

4.1.2 Solicitation Number

4.2 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).

5.0 OR EQUAL

5.1 Whenever a process is designated or a manufacturer’s name, brand, or item is designated or described, it shall be understood that the words, “or equal” follow such name, designation, or description, whether in fact they do so or not, unless no substitution is stated in the specifications. Items 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 ten (10) calendar 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.

5.2 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 opening.

6.0 SOLICITATION PROTESTS

6.1 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 ten (10) calendar days prior to solicitation closing. The protest should be delivered in an envelope that is clearly identified as a protest, marked with the protester’s name and sufficient information to identify the solicitation being protested. The protest may also 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.

7.0 ADDENDA AND INTERPRETATIONS

7.1 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. Bidders 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).

7.2 Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued in accordance with City Rule 137-049-0250 shall be binding upon the Bidder.

mailto:Eugene.Purchasing@ci.eugene.or.us

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8.0 NONDISCRIMINATION

8.1 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.

9.0 PREPARATION OF BIDS

9.1 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.

10.0 SILENCE OF SPECIFICATIONS

10.1 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.

10.2 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.

11.0 MATERIAL PURCHASES

11.1 The price bid must be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates will be provided 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.

11.2 Include complete standard warranty information and factory specifications on the goods provided. For the warranty, include the length of time, covered components, repair site (City or Contractor site), and availability of parts and services not covered under the warranty. If an extended warranty is available, include the details of the extended warranty.

12.0 EMPLOYEES NOT TO BENEFIT

12.1 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

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

14.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING STATEMENT

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14.1 The City grants to any Oregon public governmental agencies authorization to establish Contracts or price agreements under the terms, conditions and prices of any Contract between the awardee and the City resulting from this ITB.

15.0 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.

15.1 It is assumed that this contract will be utilized for multiple projects that are individually valued at less than $100,000, therefore performance and payment bonds are not required for this Price Agreement contract. In the event that an individual project does have a value in excess of $100,000 of flooring and labor, the City will require a performance and a payment bond at that time. The City reserves the right to negotiate additional related costs associated with obtaining performance and payment Bonds at the time the specific project is bid.

16.0 PUBLIC WORKS BOND

16.1 Before starting work on a project, in accordance with Rule 137-049-0815, 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.

17.0 RESERVED RIGHTS

The City reserves the right:

17.1 To reject any Bid not in compliance with all prescribed public Bidding procedures and requirements.

17.2 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.

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

17.4 To waive any or all informalities in the Bids submitted.

17.5 To consider the competency and responsibility of Bidders in making any awards.

17.6 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.

17.7 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.

17.8 To extend the deadline for submitting Bids, in according with City Rule 137-049-0250.

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

17.10 To include liquidated damages 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

Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document, provided said recycled materials

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19.0 CONSIDERATION OF BIDS

19.1 Bids will be opened publicly at a Microsoft Teams meeting at the due date and time indicated in the ITB or any extension thereof made by addendum. Click here to attend the meeting. Bidders and other interested parties are invited to be present at 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 In determining the lowest responsible Bid, the City shall, for the purpose of awarding the Contract, add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to that Bidder in the state in which the Bidder resides. The City shall rely on the Oregon Department of Administrative Services’ published list of states, which gives preference to in-state Bidders to determine the percent increase to be added.

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

19.5 The City shall provide written notice by email and through OregonBuys of the City’s intent to award the contract. Award shall not be final until the later of the following:

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

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

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

20.0 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.

21.0 PUBLIC RECORDS

21.1 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.”

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTk3YjYzMGUtYzgxOC00M2ZlLWEwODUtZmMxNGNhOWE5MjM4%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22f49b8c19-664e-44a9-a106-9eb71339936a%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTk3YjYzMGUtYzgxOC00M2ZlLWEwODUtZmMxNGNhOWE5MjM4%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22f49b8c19-664e-44a9-a106-9eb71339936a%22%7d

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21.2 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 Bid may depend upon official or judicial determinations made pursuant to the Public Records Law.

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

22.0 PUBLIC WORKS ADDITIONAL INSTRUCTIONS

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

22.2 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.

22.3 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.

22.4 The price bid 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.

22.5 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.

23.0 PUBLIC WORKS REQUIRED SUBMITTALS

23.1 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.

23.2 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:

23.2.1 The subcontractor's name,

23.2.2 The category of Work that the subcontractor would be performing, and

23.2.3 The dollar value of the subcontract.

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23.3 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.

23.4 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).

23.5 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.

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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 disadvantaged 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

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

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

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

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

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

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

1.1.5 No point of purchase material or promotional literature.

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

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

2.0 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:

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

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

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

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

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3.0 ENVIRONMENTALLY PREFERRED PRODUCTS

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

3.1 The awarded Bidder should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement.

Environmentally preferable products and services have characteristics that include but are not limited to the following:

3.1.1 Energy Efficient

3.1.2 Reusable or upgradeable

3.1.3 Recyclable

3.1.4 Contain post-consumer recycled materials

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

3.1.6 Are certified by an independent accredited third party program such as

EcoLogo or ENERGY STAR.

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

4.0 SOCIAL EQUITY

4.1 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.

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

4.2.1 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.as p to find certified businesses from whom to procure products or services.

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

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

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IV. ANTICIPATED BIDDING 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……………………………………………………………………March

9, 2022

Last date to request solicitation clarification or change……………………………..March

18, 2022

Last date to protest solicitation……………………………………..…..………………March 18, 2022

Last date to issue addendum………………………………….……..……...................March 25, 2022

Bid Closing………...………………..…..………….…………………..March 30, 2022 2:30

PM PDT

Notice of Intent to Award…..………………………………….….................................by April

4, 2022

The City reserves the right to delay any of the dates set forth above, if it is determined to be in the best public interest to do so. The Contract shall become effective upon execution by the City.

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V. REQUIREMENTS / SPECIFICATIONS

INTRODUCTION

The City of Eugene is accepting bids with the intention to award a Price Agreement that will be used to establish a Contract for the provision and installation of flooring products. The Contract will facilitate timely on-going renovations in existing facilities and new construction and will reduce unnecessary downtime between maintenance projects.

All Bidders should be aware of the following aspects of working in any project covered by this Contract. The successful Bidder must be able to install flooring products in a timely and cost effective manner and work with other general Contractors and trades (such as plumbers, electricians) who may or may not be involved in the same renovation project. Because of the necessity of quick turnaround time and completion of the required effort on any particular project, the City has included a Liquidated Damage clause to the Contract. The City may enforce the Liquidated Damages clause when a loss of revenue and/or additional expense to the City results from project delay. Therefore, it is imperative that the Contractor work closely with the City to schedule the work required on each order to ensure that they will complete the work in the amount of time required.

REQUIREMENTS

1. Price. The Bid price should be exclusive of any sales, purchaser, or consumer tax. Bidder shall be responsible for all transportation and handling charges to any destination in the City of Eugene, including backorders resulting from these orders. Prices bid shall include all costs for which the City of Eugene shall be responsible, including delivery costs and charges, and unspecified costs shall be borne by the Contractor. Ten percent (10%) will be added to each project to cover material waste. Bidders should not include waste into the Bid price. Prices bid must remain firm for the initial Contract term covered by this Contract. Contractor may propose a price increase on any item with documentation stating the cause for the price increase request after the initial Contract term subject to the City’s approval. Wages should be based on prevailing wage rates where applicable.

2. New and Unused. All goods shall be new, unused, produced from current production components, and shall be delivered ready for use. No components may be used that are not offered in the manufacturer’s current parts catalog for the Goods. Warranty and service policy, as provided by the manufacturer and/or dealer shall be offered.

3. Necessary Components. The Bidder awarded the Contract shall provide all components, hardware, and parts necessary for proper assembly, installation, and operation, even though certain items may not be specifically described in the ITB specifications. This includes all fittings, couplers, brackets, adapters, etc. Bidders shall include the cost of such components, hardware, and parts in the Bid price.

4. Brand Name or Equal. Wherever goods or a process is designated by a manufacturer’s name, brand, or item, 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. For details on how to submit a substitution request, see Section II, Item 3.0 of this Invitation to Bid.

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5. Silence of Specifications. The apparent silence of these specifications and/or supplemental specifications as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only materials and workmanship of first quality are to be used.

6. However, if any omitted specification results in ambiguity as to material characteristics of the Bid item, and clarification is necessary to enable a reasonable Bidder in the particular industry to properly identify such characteristics, Bidder shall seek a formal request for clarification. Failure to make such a request is at Bidder’s risk, and the Bidder awarded the Contract shall be required to provide Goods meeting the City’s needs with regard to any omitted specification for which clarification was not sought.

7. Contract Services/Product Expansion. The City reserves the right to negotiate with the

Contractor, during the term of the Contract, to add additional goods or services to the Contract if it is determined to be in the best interest of the City to do so. These additions will be incorporated into the Contract via written amendment.

8. Material Safety Data Sheets (MSDS). MSDS may be requested by the City after award and on a project-by-project basis. MSDS do not need to be submitted with the bid.

9. Authorized Orders. For work performed under this Contract, awarded Contractor shall accept orders only from authorized personnel as designated by the City. These authorized personnel will be specified in the final Contract and only modified by written amendment, signed by both parties.

10. Cooperative Procurement. This Solicitation and the subsequent Contract is intended to provide for cooperative procurement. The Bidder must indicate on the Standard Bid Form their acceptance of offering a cooperative Contract or not.

11. Term of Contract. The initial term of this Contract shall be for two (2) years. The City reserves the right to renew this Contract for up to three (3) additional one-year renewal options under the same terms and conditions. The Contract will automatically renew on an annual basis unless notice is given to the Vendor/Contractor that the Contract shall not be renewed pursuant to the conditions of the Contract. If Contractor requests price adjustments pursuant to the terms of the Contract, the Contractor must notify the City’s Contract Manager no later than ninety (90) days prior to the current Contract term’s expiration date. The Contractor must maintain the insurance coverages required by the City the entire time this Contract is in force and shall provide documentation of such insurance in a form satisfactory to the City when required.

12. Holidays

Per ORS 279C.540(B) – (G) the following are legal holidays:

New Year’s Day Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day

13. Quality Assurance and References. The firm that will be acting as the installer on a project shall be an approved installer of the manufacturer and be experienced in carpet, tile, and vinyl flooring installation primarily in commercial work for at least five (5) years.

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The actual work shall be performed by qualified and experienced installers working under the supervision of the Contractor.

a. Contractor shall provide a list of three (3) major commercial flooring installations where the installation included over 5,000 square feet of floor coverings from the categories of materials specified in this ITB, completed within the last five (5) years;

it must be included with the Bid, along with a personnel list indicating names of installation personnel, including years of experience and contact information for the purpose of reference checks. These references will be used in part to determine if the bidder meets the Standards of Responsibility as outlined in the City of Eugene, Public Contracting Regulations, Article 5, Section 5.3 Responsibility. Bidders who do not meet the Standards of Responsibility will not be considered for Contract award. References shall be evaluated on a pass/fail basis.

14. Quotations and Invoices. The successful Bidder will be required to submit both quotations and invoices for each job with complete breakdown of costs, including square yardage of carpeting to be used. Extras must be itemized separately and prices must conform to the pricing schedule indicated in the Contract.

15. Method of Award. It is the intent of the City to award a Contract or Contracts under this

Solicitation by category (carpet, entry mat/systems, sheet vinyl, VCT and tile), as separated on Attachment A—Pricing Worksheet and the Standard Bid Form. Award for each category shall be made to the responsive, responsible Bidder that provides the lowest total price for the category. Prior to issuing the Notices of Intent to Award, the City reserves the right to check references submitted by the Bidders. References shall be graded on a pass/fail basis.

a. Bidders must provide pricing for all lines within the category they are interested in bidding on. Failure to provide pricing for a line will cause the City to be unable to compare pricing from Bidders and will cause the Bidder to be deemed non-responsive for that category. The itemized flooring worksheet—Attachment A:

Pricing Worksheet must be returned with Bid forms.

16. Non-Exclusive. These Contracts shall be non-exclusive and the City retains the right to solicit Contractors other than the awarded Contractors if the City so decides or if it is in the best interest of the City to do so.

STATEMENT OF WORK

1. Installation Standards. Unless the means or methods of performing a task is specified elsewhere in this Contract, Contractor shall employ methods of installation that are generally accepted and used in the Carpet and Vinyl Flooring Industry. Carpet shall be installed according to the standard for installation of commercial textile floor covering materials, the Carpet and Rug Institute (CRI) Carpet Installation Standard 2015. Vinyl, rubber base and metal strips shall be installed to the manufacturers’ specifications.

2. Moving of Equipment and Furnishings. Contractor is required to provide a mechanical method of lifting the furnishings or equipment for quick installation of tile products. If furnishings are unable to be lifted or product requested is not easily adaptable to this type of installation then Contractor must notify project manager. The project manager will make arrangements for the removal of the furnishings and equipment.

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3. Measurements. Contractor shall be responsible for physical measurements and is responsible for the accuracy of the measurements and the fit of the work.

4. Cost Estimating. The successful Bidder(s) will be required to provide cost estimating services at no additional charge.

5. Scheduling and Completion of Projects. Typically the City will determine a need for the

City of Eugene property. The City will then contact the successful Contractor to schedule a walkthrough of the facilities at an appropriate time, determined by the City. If the City is required to leave a message for Contractor’s Contract administrator, the Contract administrator shall respond by phone, or email within one (1) working day.

a. Contractor shall make themselves available for the walkthrough no later than two

(2) working days from the time the City calls Contractor or a mutually agreed upon time and date. Contractor will be prepared to provide a written estimate of work required immediately following the walkthrough of the City property involved in a project covered under this Contract. Upon City’s approval of this written estimate, the City shall issue to the Contractor a purchase order number which shall be Contractor’s notice to proceed with the project.

b. The City will set the date for work to commence and note that date on a purchase order. Contractor shall begin work on the specified City property on the date scheduled by the City as identified on the purchase order.

c. The work shall be completed according to the start and completion dates outlined on each accepted written estimate of work provided by the Contractor.

d. At the conclusion of each project, there will be a final inspection attended by the Contractor’s lead person and at least one (1) representative from the City. The purpose of the final inspection is to determine if the criteria for final acceptance has been met. Final acceptance will be determined by assigned City personnel and will be based upon but not limited to the following factors:

i. Carpet, vinyl, rubber base, coved based and metal reducers being installed according to the standard for installation of commercial textile floor covering materials, CRI Carpet Installation Standard 2015;

ii. Vinyl and rubber base to be installed to the manufacturers’ specifications;

iii. All debris shall be disposed of or recycled at the Contractor’s expense and;

iv. All interior or exterior property damage returned to a “like new” state.

e. If corrections need to occur, a “punch list” will be established by the City and all remedial work will be completed no later than five (5) working days from issuance of the punch list. The cost of required corrections (including, but not limited to, removal, disposal, re-acquisition and re-installation of new replacement products) will be at the Contractor’s expense. The time involved to complete such corrections may be subject to the Liquidated Damages clause.

f. Installation shall be available during standard working hours 8:00 AM – 5:00 PM

(Monday-Friday) and non-standard working hours evenings, weekends, or

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g. It is the sole responsibility of the Contractor for the work area’s exterior doors and windows to be secured by 5:00 PM each evening, unless working non-standard work hours. HVAC system settings and adjustments for the project location shall be coordinated with the City’s project manager.

h. All work and storage of material shall be accomplished in the specific City property where work is being accomplished. A staging area may be provided if available;

however, Contractor should not expect this to always occur. Storage of material on-site is at Contractor’s risk.

i. The Contractor shall immediately notify the City of any damage done to the building structure, surrounding area, or employee accidents. Any damage done by the Contractor to the building or landscape area shall be repaired by the Contractor to a “like new” condition as found prior to commencement of work at no cost to the City.

j. The Contractor shall clean up all debris from the work site daily and remove and dispose of debris from the premises each work day. Failure to complete this task allows the City to perform the necessary clean up actions and bill the Contractor for direct costs, including administration, to be deducted from the final payment.

Contractor shall be responsible for removing and disposing of existing floor coverings. When removing and disposing of the floor coverings, Contractor shall practice environmental responsibility through programs of source reduction, recycling, down cycling and reuse and shall provide proof of disposal method to City upon City’s request.

k. There will be no smoking in any City building or within, at a minimum, 25 feet of buildings unless otherwise directed by the City’s project manager.

l. Use of any City building by Contractor’s employees for any other purpose than those specified in this solicitation and the subsequent Contract is prohibited.

m. Contractor’s employees may use only restrooms identified by the City for their use.

n. The Contractor is required to provide their own parking permits for private vehicles.

Contractor vehicles will have signage on their company vehicles.

o. All services under this Contract shall be performed with safety as the top priority.

Contractor shall safeguard all public and private property surrounding the work area. Contractor shall protect the facility, staff, and nearby pedestrians with necessary safety barricades or tape, if required. Contractor shall furnish all required supervision and appropriate OREGON-OSHA safety devices for employees.

6. Project Execution

a. Delivery, Storage, and Handling. Store flooring products and installation materials in dry spaces protected from the weather, with ambient temperatures maintained

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Additionally, Contractor shall comply with CRI Carpet Installation Standard 2009, Section 5, “Storage and Handling.”

b. Project Conditions. Maintain temperatures within range recommended by manufacturer, but not less than 70 deg F (21 deg C) or more than 95 deg F (35 deg C), in spaces to receive flooring products during the following time periods:

i. 48 hours before installation.

ii. During installation.

iii. 48 hours after installation.

iv. After post installation period, maintain temperatures within range recommended by manufacturer, but not less than 55 deg F or more than 95 deg F.

v. Close spaces to traffic during floor covering installation.

vi. Close spaces to traffic for 48 hours after floor covering installation.

vii. Install floor coverings after other finishing operations, including painting, have been completed.

c. Carpet & Carpet Tile. Do not install carpet until wet work in spaces is complete and dry and ambient temperature and humidity conditions are maintained at the levels indicated for Project when occupied for its intended use. Do not install carpet over concrete slabs until slabs have cured and are sufficiently dry to bond with adhesive and concrete slabs have pH range recommended by carpet manufacturer. Where demountable partitions or other items are indicated for installation on top of carpet, install carpet before installing these items.

d. Installation Materials.

i. Trowelable Leveling and Patching Compounds: Latex-modified, Portland cement-based or blended hydraulic cement-based formulation provided or approved by product manufacturer for applications indicated.

ii. Adhesives-Resilient products & Tile: Water-resistant type recommended by manufacturer to suit floor coverings and substrate conditions indicated.

iii. Adhesives-Carpet: Water resistant, mildew-resistant, non-staining type to suit products and subfloor conditions indicated, that complies with flammability requirements for installed carpet and that is recommended by Carpet manufacturer.

iv. Resilient Edge Strips: As required to protect exposed edges of floor coverings and in maximum available lengths to minimize running joints.

v. Stair-Tread-Nose Filler: Two-part epoxy compound recommended by resilient tread…