2022200051_A1_Silva Theater Sound System_ITB.pdf

Invitation to Bid

Silva Theater Sound System

ITB No. 2022200051

Due Date and Time:

Tuesday, April 26, 2022 2:30 PM

CITY OF EUGENE

Central Services

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

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

The Purchasing Office is currently closed to the public.

ITB # 20222200051 Silva Theater Sound System Page 2

I. INVITATION TO BID

CITY OF EUGENE INVITATION TO BID 2022200051

Notice to Suppliers Pursuant to ORS 279B.055 and City of Eugene Administrative Order 44-14-08F, Public Contracting Rule (City Rule) 137-047-0255, sealed bids for Silva Theater Sound System for the Hult Center for the Performing Arts will be accepted by the Purchasing Office until Tuesday, April 26, 2022 at 2:30 PM. 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 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, work includes provision of a sound system for the Silva Theater at the Hult Center for the Performing Arts. The system will be a portable line array solution (powered) with associated fly ware, processing, and carts for transport/storage. Also included are any balcony, side, and front fills (powered) which are required to provide even coverage through-out the venue. Respondents should be a dealer or distributer in good standing for any products specified and should be prepared to provide onsite service or back up replacement componentry from inventory. Respondent must also provide a SIM 3 Analysis of the space, full documentation of system performance predictions, as well as onsite commissioning/training and consultation.

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.

Access to Site Plans Predictive mapping of the Silva Theater space will require CAD drawings or plan sets for the space, which may be obtained from Jeff Weinkauf, Director Theater & Facility Operations, jweinkauf@eugene-or.gov.

Dated: March 24, 2022

Noel Dietz, CPPB, NIGP-CPP Purchasing Analyst City of Eugene ndietz@eugene-or.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_Yzk1MGFhNmYtOTAxYy00MWQyLWE3MGQtMmRlMWU0MmIwMjVm%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22c6038ee0-bce1-46f5-a70d-ad19d798dd2d%22%7d https://oregonbuys.gov/bso/ mailto:jweinkauf@eugene-or.gov mailto:jweinkauf@eugene-or.gov mailto:ndietz@eugene-or.gov

ITB # 20222200051 Silva Theater Sound System Page 3

II. INSTRUCTIONS TO BIDDERS

1. 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. SUBMISSION

2.1. Bidder is responsible for submitting their bid via OregonBuys prior to the closing time and date.

Late bids will not be accepted. The City is not responsible for any delays caused computer or software issues of any sort.

2.2. Oral, telephonic, telegraphic, or faxed bids are invalid and will not be considered.

3. SOLICITATION MODIFICATIONS

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

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

4. BID MODIFICATION OR WITHDRAWAL

Bids may be modified in writing prior to closing in accordance with City Rule 137-047-0440. 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

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).

ITB # 20222200051 Silva Theater Sound System Page 4

5. 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 later 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. 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 ten (10) 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 137-047-0730 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. ADDENDA AND INTERPRETATIONS

7.1. Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will be issued and proposers shall receive addenda per City Rule 137-047-0430, and as follows: City will not mail notice of addenda, but will publish any addenda on the OregonBuys site. Addenda may be downloaded off OregonBuys site.

Proposers should frequently check the OregonBuys site until closing (i.e., at least once weekly until the week of closing, and at least once daily the week of the closing period).

7.2. Any written addendum issued which includes changes, corrections, additions, interpretations, or information and issued in accordance with City Rule 137-047-0430(3) shall be binding upon the Bidder.

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

ITB # 20222200051 Silva Theater Sound System Page 5

8. WITHDRAWAL

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 137-047-0440.

9. 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, controlled by, or that employs a disabled veteran as defined in ORS 408.225.

10. 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.

11. 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 bidder 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.

12. 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. CITY FURNISHED PROPERTY

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

14. INTERGOVERNMENTAL COOPERATIVE PURCHASING STATEMENT

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.

ITB # 20222200051 Silva Theater Sound System Page 6

15. 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.

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

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

16. 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 meet all applicable standards. Preference for such recycled materials shall be given pursuant to City Rule 137-046-0320.

17. CONSIDERATION OF BIDS

17.1. Bids will be opened publicly by the City of Eugene Purchasing Office 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.

17.2. 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.

17.3. 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.

17.4. 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.

ITB # 20222200051 Silva Theater Sound System Page 7

17.5. 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:

o Seven (7) calendar days after the date of the Notice of Intent to Award; or o 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- 047-0740.

18. 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 137-047-0600. After award of the contract, City and Contractor may only modify the contract in accordance with City Rule 137- 047-0800.

19. MATERIAL PURCHASES

19.1. The price offered must be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates will be furnished upon request. Packing and transportation expenses are the responsibility of the bidder. All prices bid must be F.O.B. Destination, Freight Prepaid and Allowed, delivered and unloaded at delivery address listed.

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

20. 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.”

20.2 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.

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

ITB # 20222200051 Silva Theater Sound System Page 8

III. SUSTAINABILITY & SOCIAL EQUITY

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

1. WASTE REDUCTION

Pursuant to City Zero Waste efforts, the City aims to prevent waste where possible. In order to increase efficient use of resources, the awarded 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:

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

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

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

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

• No point of purchase material or promotional literature.

1.2. The awarded 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. 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

ITB # 20222200051 Silva Theater Sound System Page 9

3. 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:

• Energy Efficient

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

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

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

3.2. 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. 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.

4.1. 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:

4.1.1. 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.asp to find certified businesses from whom to procure products or services.

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

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

ITB # 20222200051 Silva Theater Sound System Page 10

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 24, 2022

Deadline for requests for changes……………………………………April 15, 2022 4:00 PM

Last date for solicitation protest ..................................................... April 15, 2022 4:00 PM

Deadline for issuing addenda to ITB ............................................................ April 21, 2022

Bid Closing & Public Opening of Bids ...................................... April 26, 2022 2:30 PM

ITB # 20222200051 Silva Theater Sound System Page 11

V. REQUIREMENTS / SPECIFICATIONS

The Hult Center for the Performing Arts is seeking bids for a line array sound system, as specified below, for the Silva Theater. All items must be new in box with full manufacturer’s warranty.

All equipment must be delivered to the Hult Center no later than July 29, 2022.

Specification - General In general, work includes provision of a portable line array solution to be utilized in the Silva Concert Hall, a 2500 seat venue with multiple levels. All transducers shall be powered and should include associated fly ware (from the bumpers down), processing and caster frames for transport/storage

The system shall be comprised of two main left/right flown arrays with deck stacked low frequency transducers (arrayed cardioid), as well as front fill, infill and balcony fills to achieve consistent results through out the venue. The main left/right arrays, low frequency devices and front fills, shall be removable to accommodate tours to replace it with their own solution.

Respondents must be a dealer or distributer in good standing for all products specified and have strong US manufacturer support with offices and inventory. Manufacturers with a west coast presence for support purposes is preferred.

Respondent must provide:

- SIM 3 Analysis of the Silva Hall space,

- Full documentation of system performance predictions, as well as

- Onsite commissioning/training and consultation.

Respondents must be prepared to provide onsite service and back up replacement componentry (from inventory) within a two-hour window.

Full Range Specification – Specific The provided full range loudspeakers shall be a compact, self-powered, linear, low distortion line array loudspeaker flown from a single point.

- The speaker shall have two models with horizontal coverage of 80 and 110 degrees.

- The transducers shall include o two 9-inch long-excursion cone drivers and o one 3-inch diaphragm compression driver coupled to a constant-directivity horn

- The enclosure shall be comprised of premium multi-ply birch.

- Its dimensions should not exceed W: 26.93 in (684 mm) x H: 11.11 in (282 mm) x D: 21.66 in (550 mm)

- The speaker shall not exceed 75 pounds (34.0 kg) each.

- The speaker shall have a total output power of 3900 watts.

ITB # 20222200051 Silva Theater Sound System Page 12

Low Frequency Device Specification – Specific The provided low frequency loudspeakers shall be a linear, low-distortion, self-powered, low frequency control element.

- The speaker shall have two models with horizontal coverage of 80 and 110 degrees.

- The transducers shall include o two 18-inch long-excursion cone drivers

- The enclosure shall be comprised of premium multi-ply birch.

- Its dimensions (without rigging) should not exceed W: 52.60 in (1336 mm) x H: 20.48 in (520

mm) x D: 33.00 in (838 mm)

- The speaker shall not exceed 249 pounds (112.9 kg) each (without rigging).

- The speaker shall have a total output power of 8100 watts.

Insurance. Contractor shall have and maintain the insurance policy specified below. The 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 the policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the Commissioning 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 City 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 cancellation.

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.

VI. FORMS TO SUBMIT WITH BID

CITY OF EUGENE STANDARD BID FORM

Solicitation Number ITB No. 2022200051

Opening Date: Tuesday, April 26, 2022 at 2:30 PM

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 sixty (60) 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 ten (10) 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 the 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. Bidder 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 _____ OR 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. _____________________

Cooperative Purchasing: The bidder _____agrees _____disagrees to extend the terms, conditions and prices of the original City of Eugene contract to any other governmental agency.

Pursuant to ORS 279A.215, other governmental agencies may establish contracts or price agreements under the terms, conditions and prices of the original contract. Agency/agencies shall have the power and authority to contract directly with the successful vendor(s).

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.

Line Array Sound System, complete as specified

Brand offered: _______________________________

Warranty: __________________________________

Commissioning and training services, onsite $

TOTAL $

Completion/Delivery Date:

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

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

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

Name: Title:

Phone:

Email:

Required Submittals Checklist

Requirement Initials

Signed Standard Bid form

SIM 3 Analysis of the Silva Theater space

Full documentation of system performance predictions