2023200068_A1_Armored Car Services.pdf

Invitation to Bid

Armored Car Services

Solicitation No. ITB 2023200068

Due Date and Time:

Wednesday, August 16, 2023 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

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I. INVITATION TO BID

INVITATION TO BID

Solicitation No. ITB 2023200068 Notice to Suppliers Pursuant to ORS 279B.055 and City of Eugene Administrative Order 44-23-01-F, Public Contracting Rule (City Rule) 137-047-0255, sealed bids for Armored Car Services for the City of Eugene will be accepted by the Purchasing Office until Wednesday, August 16, 2023 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 60 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 armored car services for the pick-up of deposit bags at a variety of city of Eugene locations and delivery of the deposit bags to a central depository.

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 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. Contact the Purchasing Analyst below if a bid cannot be submitted via OregonBuys.

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: July 19, 2023

Michelle Hahn, OPBC Purchasing Analyst Mhahn@eugene-or.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjBkNWU2MzItZGYzZC00Yzk2LWExNDMtMmJhOGQ5NTE1ODhm%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22201568ab-e8e0-498f-ac1b-b397783a096c%22%7d https://oregonbuys.gov/bso/ https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov mailto:Mhahn@eugene-or.gov

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II. INSTRUCTIONS TO BIDDERS

1.0 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 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.

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 delivery methods including, but not limited to, computer/email/software issues of any sort.

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

Emailed bids may be considered if pre-approved by the Purchasing Analyst.

3.0 SOLICITATION MODIFICATIONS

Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst via email in conformance with City Rule 137- 047-0440(1), and no less than seven (7) calendar days PRIOR to the solicitation closing, and submitted separately from the solicitation response. Contents of questions, clarifications, modifications, or substitutions should include a reference to the page or item being addressed, the reason and any proposed alterations. Questions, clarifications, modifications, or substitutions included with the response to the solicitation may cause it to be considered non-responsive.

4.0 OR EQUAL

4.1 Whenever a process is designated or a manufacturer’s name, brand, or item is designated or described, it shall be understood that the words, “or equal” follow such name, designation, or description, whether in fact they do so or not, unless no substitution is stated in the specifications. Items 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 five (5) 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.

4.2 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.

https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov

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5.0 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 six (6) 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.

6.0 ADDENDA AND INTERPRETATIONS

6.1 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 137-047-0430, and as follows: City will not mail notice of addenda but will publish any addenda on 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).

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

7.0 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.

8.0 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.

9.0 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.

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

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10. 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 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.

12 CITY FURNISHED PROPERTY

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

ITB.

13 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.

14 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.

15 RECYCLABLE PRODUCTS

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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.

16 PERFORMANCE BOND

Not Applicable

17 BID BOND

18 PRODUCT LIABILITY

19. CONSIDERATION OF BIDS

19.1 Bids will be opened publicly by the 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.

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, 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 137-047-0740.

20 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.

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21 MATERIAL PURCHASES

21.1 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.

21.2 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.

22 PUBLIC RECORDS

22.1 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-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.

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

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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

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:

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

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

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

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

e. 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:

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.

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:

• 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.

4.0 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 Oregon Forward Contractors (OFC) at both a prime and subcontracting and/or supply chain level. The City encourages eligible suppliers to gain certification and encourages the awarded proposer to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses in the fulfillment of the scope of work:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Certification Office of Business Inclusion and Diversity (COBID) by visiting their website at:

https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XI D=2315&TN=oregon4bizto find certified businesses from whom to procure products or services.

b. 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/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz 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 advertised ............................................................................ July 19, 2023

Last date to request solicitation modifications…………….………………….August 9, 2023

Last date for solicitation protest ............................................................... August 10, 2023

Deadline for issuing addenda to ITB ........................................................ August 11, 2023

Bid Closing & Public Opening of bids ............................... August 16, 2023 at 2:30 PM

Notice of Intent to Award .................................................................... by August 23, 2023

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V. REQUIREMENTS / SPECIFICATIONS

1.0 GENERAL PROJECT INFORMATION

1.1 Background

Armored Car Services for the City consists of pick-up of deposit bags at multiple City locations, secure transportation of the deposit bags via armored car, and delivery of the deposit bags to a designated depository cash vault.

1.2 Contract Term

The City intends to award a contract or contracts for an initial term of 1 year with renewal possible, upon agreement by both parties, for additional 1-year terms, with a maximum of 4 renewals, for a total possible contract duration of 5 years.

1.3 Minimum Requirements

The contractor must have at least 2 years of professional experience providing Armored Car Services. Offerors are required to submit 3 references for which the same type of services are currently being provided. References may be checked for the lowest responsive responsible offeror and if checked shall be graded on a pass/fail basis. In addition to this experience requirement the successful contractor will be required to provide an Employee Dishonesty Bond in the amount of $1,000,000 which will remain in effect for the life of the contract.

1.4 Deposit Delivery

Contractor shall deliver all items to a depository cash vault utilized by the City.

Current depositories for Umpqua Bank are located at the following:

• Roseburg location - 476 Industrial Drive, Roseburg OR 97471

• Portland location – 6645 North Ensign Street, Portland OR 97217

Deposits are to be delivered to the depository on the same day as pickup no later than 5:00pm. City reserves the right to change depository cash vault in the event the City enters into a new Price Agreement with a different financial institution.

1.5 Method of Award

Award will be made to the responsive, responsible bidder whose total monthly price is the lowest. Multiple contracts may be awarded in the event that a low bidder or bidders cannot perform the full scope of services, or if the City determines it is in the best interest of the public to award multiple contracts based on pricing and availability of services.

2.0 DESCRIPTION OF SERVICES

2.1 Deposit Bags

Most City offices use canvas or cloth deposit bags, which need to be returned to the City office when making the subsequent pick up. Each office will label their bag(s)

2.2 Site Locations, Pickup Schedules, and Pickup Frequency

See Attachment A Pick-up Locations & Schedules

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In addition to the sites, Special delivery to the Hult Center; Special request trips between bank and a City office may be requested.

3.0 SERVICE EXPECTATIONS

3.1 Contractor shall deliver the deposit bags to the bank designated by the City the same day as picked up.

3.2 Contractor shall not pick-up any depository bags that are not sealed or that are damaged.

3.3 Contractor shall arrive at City office as close as possible to established pick up time.

3.4 Written notification must be submitted and approved by the City’s contract administrator prior to implementing changes in the established pick-up dates/times.

3.5 Contractor shall pick up empty locking deposit bags (used by some city offices) at the bank and return at time of next pick up to City office per label on deposit bag.

3.6 Contractor shall pick up box of poly bags (disposable bags) at the bank and deliver to City office at time of next pick up per bank’s instructions.

3.7 Contractor shall provide City’s contract administrator with list of holidays observed by armored car service.

3.8 Contractor shall provide and maintain each City location with a list of names, signatures, and photographs of armored car employees assigned to pick up deposit bags at that location.

3.9 Company uniforms and company issued photo identification badges shall be worn by Contractor's employees at all times while on bank premises.

3.10 Contractor shall transport deposit bags using an armored vehicle. Contractor shall have ability to provide back-up transport in the event the primary vehicle is inoperable.

3.11 Contractor shall provide sufficient personnel and a back-up transport to ensure that service will be provided in a timely manner.

3.12 Contractor shall not pick-up any depository bags that are not COMPLETELY sealed or that are damaged.

3.13 Contractor shall only accept tamper proof depository bags that are labeled with an identification number.

3.14 Contractor shall verify that the deposit slip is visible and readable through the clear depository bags. If non-clear bags are used, Contractor shall verify bag identification numbers only.

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3.15 Contractor shall require a signature from the Cash Vault employee on its manifest acknowledging the receipt of the deposit.

3.16 Contractor shall be notified by City of any special requirements at least one week prior to the event(s).

3.17 Contractor shall provide an authorized photo ID sheet of all employees providing pick up service.

4.0 CRIMINAL HISTORY CHECKS

4.1 Contractor shall provide a letter via certified mail or handed in person to City of

Eugene’s authorized representative at the start of the Contract period and at any time a new employee is assigned to work in fulfilling the terms of the contract, attesting that Contractor has run background checks and screened all Contractor employees that will perform work under Contract or that Contractor will run appropriate background checks before the employee will perform any work or provide Services under the Contract.

4.2 Contractor shall not utilize any employee in the performance of the Contract who has been convicted of any crime involving dishonesty. Contractor shall not utilize any employee in the performance of the Contract who is under indictment, has been convicted of ANY crime, or has any criminal, psychological, or employment history that in Contractor’s reasonable judgment poses a risk to the security and confidentiality requirements of the Contract, or to the safety of person on City premises.

The City of Eugene and each participating facility reserve the right to refuse Contractor, its employees, and its agent’s access to Public Agency’s premises.

Submittals Initials

Signed Standard Bid Form Reference Form Cost Worksheet

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VI. FORMS TO SUBMIT WITH BID

STANDARD BID FORM

Solicitation No. ITB 2023200068

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.

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)

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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.

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.

Bid Submitted By:

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

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

Name: Title:

Phone:

Email:

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REFERENCE FORM

This form must be completed and submitted with Proposal documents.

PROPOSER’S FIRM NAME: ___________

BUSINESS ADDRESS:_________________________________________________________

PHONE:__________________________ EMAIL:___________________________________

CONTACT NAME:______________________________ TITLE:________________________

NUMBER OF YEARS IN BUSINESS:______________________________________________

REFERENCE #1

Company: Contact Name:

Address: City, State, Zip:

Phone Number: Email:

Year(s) of Service:

Services Performed:

ITB 2023200068 Armored Car Services Page 18

REFERENCE #2

REFERENCE #3

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VII. SAMPLE CONTRACT

CITY OF EUGENE TRADE SERVICES CONTRACT

Armored Car Services

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

AND: , (Contractor) a __________ organized and existing under the laws of the State of __________

CONTRACT NO.: ______

EXPIRATION DATE: _______

RECITALS

A. Contractor is engaged in the business of ______ and has obtained and currently holds all licenses, permits, certifications, bonds, or other authorization required by federal, state, and local laws or regulations to engage in such business.

B. City wishes to engage a Contractor to perform certain Services described in this Agreement and the Contractor has represented that it is qualified and willing to provide such Services on the terms and conditions set forth herein.

C. The Contract described herein was awarded under the exemption or procedure authorized by City of Eugene Administrative Order 44-23-01-F, Public Contracting Rules 2022, 137-047-0255, Solicitation ITB 2023200068.

AGREEMENT

1. Incorporation of Exhibits; Definitions; Contractor’s Representations and Warranties.

1.1 Exhibits. The Contract between the parties (the “Contract”) includes and incorporates into this document (this “Agreement”) all of the following, which are listed in order of precedence:

1.1.1 Exhibit A. Exhibit A summarizes certain federal, state, and municipal laws that apply to government contracts. The provisions of Exhibit A are statements of law and may not be modified.

1.1.2 Other Exhibits. This Contract also includes and incorporates the following exhibits. The provisions of this Agreement will have priority over all conflicting provisions of the following exhibits.

Exhibit B: Statement of Work; Schedule of Services Exhibit C: Compensation Schedule Add other Exhibits as necessary

1.2 Definitions. With the exception of proper nouns, capitalized terms not otherwise defined herein shall have the following meanings.

1.2.1 “Agreement” means this document, entitled Trade Services Contract and ending with the signatures of all parties.

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1.2.2 “Contract” means the written statement of the parties’ mutual and respective agreements, promises, undertakings, and rights as set forth in this Agreement and all incorporated exhibits.

1.2.3 “Services” means all of the products and Services to be provided by Contractor under the Contract, as described in Exhibit B.

1.3 Contractor’s Representations and Warranties. Contractor makes the following representations and warranties to City:

1.3.1 Contractor and Contractor’s personnel are, and will at all times hereunder, hold all licenses, permits, certifications, bonds, or other authorization required by federal, state, and local laws or regulations to perform the Services.

1.3.2 As of the date of execution hereof, there are no claims, or suits, or proceedings, or threats thereof, seeking to enjoin the execution of the Contract by Contractor or the effect of which could prevent Contractor from performing or having the authority to perform the Services.

1.3.3 Neither the execution of the Contract nor the performance of the Services will constitute a breach or violation of any other contract, agreement, or law by which Contractor is bound or to which Contractor or any of its personnel who will perform the Services are subject.

2. Services.

2.1 Term. Contractor shall begin to provide the Services on _____ or, if later, as soon as this Agreement has been executed by all parties (the "Commencement Date"). The term of the Contract shall be for _____, unless earlier terminated in accordance with paragraph 14 (the “Term”). Contract may be renewed for additional terms upon mutual written agreement of the Parties.

2.2 Security. If the Services will be performed on City property, Contractor will comply with all of City’s security policies and procedures.

3. Compensation. Subject to City’s right of offset for breach, Contractor will bill City for the

Services by submitting invoices that conform to the requirements of Exhibit C. Payment shall be made not later than 30 days after City's receipt of an invoice from Contractor summarizing the Services performed. If the Contract commences or terminates on a date which is not the first or last day of a month, the maximum fee for that month shall be prorated, based on the number of days in the month. Notwithstanding the foregoing, City will have the right to withhold payment for any item which City disputes in good faith, provided that City pays for all non-disputed items and takes commercially reasonable action to resolve the dispute.

4. City's Obligations. City shall provide the materials, equipment, supplies, or other items described below, if any, for use in Contractor’s performance of the Services: NONE

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5. Performance of Services. Contractor shall perform the Services with a high degree of professionalism consistent with industry standards, and shall at all times during the term of the Contract strictly comply with the following requirements:

5.1 Supervision. Contractor shall appoint, subject to City's approval, a full-time qualified supervisor of Contractor's performance who shall have full authority to act for and on behalf of Contractor. The supervisor shall be available during regular business hours.

At all times during the supervisor's absence, a designated subordinate shall be in charge and available at the location of performance of the Services.

5.2 Personnel. Contractor acknowledges the high degree of importance City places on the behavior, appearance, and service performed by Contractor and its personnel.

Contractor's personnel shall at all times be neat, clean, and courteous, and Contractor shall not permit its employees or agents to conduct themselves in a loud, noisy, boisterous, offensive, or objectionable manner. Upon objection from City concerning the conduct, demeanor, or appearance of any of Contractor's employees or agents, Contractor shall forthwith take all steps necessary to remove the cause of the objection. Upon the employee's or agent's failure to immediately and properly correct his or her conduct, Contractor shall promptly cause his or her job assignment to be terminated.

5.3 Hours of Performance; Staffing. Contractor shall provide the Services according to the schedule on the attached Exhibit B and provide sufficient personnel to perform the Services in the manner required by the Contract.

6. Contractor's Obligations. In addition to performance of the Services, Contractor shall, at its own expense, repair or have repaired all damages to City-owned property, real or personal, resulting from the negligence, abuse, misuse, or willful misconduct of Contractor or its employees or agents. If City-owned equipment is, in City's opinion, damaged beyond repair, Contractor shall replace such equipment at its own expense with equipment of a quality equal to or better than the damaged equipment.

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

8. Indemnification. Contractor shall indemnify and hold City, and its officers, agents, and employees, harmless from and against all claims, actions, liabilities, costs, including attorney fees and other costs of defense, arising out of the acts, errors, or omissions, whether alleged or actual, of Contractor, its subcontractors, agents, and employees in performing or failing to perform the Services, failing to strictly comply with any provision of the Contract or any other actions or failures to act by Contractor and Contractor’s employees, agents, and subcontractors. In the event any such action or claim is brought against City, Contractor shall, Rev 04/2023 Contract XXXX-XXXXX Page 4 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.

9. 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 8 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 cancellation. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require that Contractor increase the coverage limits of all liability policies by the amount of the increase in the statutory limit.

9.1 Commercial General 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.

9.2 Workers’ Compensation Insurance. Contractor shall comply with the Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a self-insured employer and shall strictly comply with all other applicable provisions of such law. Contractor shall provide City with such further assurances as City may require from time to time that Contractor is in compliance with these Workers' Compensation coverage requirements and the Workers' Compensation law. Contractor is a subject employer that will comply with ORS 656.017.

9.3 Automobile Liability. Contractor shall maintain an automobile 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. 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.

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10. Relationship of Parties. Whether Contractor is a corporation, partnership, other legal entity, or an individual, Contractor's relationship to City is that of an independent Contractor. If Contractor is an individual, Contractor's duties will be performed with the understanding that Contractor is a self-employed person and has special expertise as to the Services, and is customarily engaged in the independent performance of the same or similar Services for others. The manner in which the Services are performed shall be controlled by Contractor;

however, the nature of the Services and the results to be achieved shall be specified by City.

Contractor is not to be deemed an employee or agent of City and has no authority to make any binding commitments or obligations on behalf of City except to the extent expressly provided herein.

11. Performance Bond. If required by City, Contractor shall deliver to City at the time of execution of this Agreement a performance bond in a form satisfactory to City with a corporate surety approved by City, in an amount equal to the amount bid on an annual basis, in favor of City, and guaranteeing Contractor's faithful performance of all terms, covenants, and conditions of the Contract. Such bond shall remain in effect throughout the term of the Contract.

12. Subcontracting; Assignment. Contractor shall not subcontract or assign its work under or its interest in the Contract, in whole or in part, without City's prior written approval, which may be withheld for any reason. Contractor shall require any approved subcontractor or assignee to agree, as to the portion subcontracted or assigned, to comply with all obligations of Contractor specified in the Contract. Notwithstanding City's approval of a subcontractor or an assignee, Contractor shall remain obligated for full performance of the Contract and City shall incur no obligation to any subcontractor or assignee. Contractor shall indemnify, defend, and hold City harmless from all claims of its subcontractors and assignees.

13. Default. Contractor shall be in default under the Contract upon the occurrence of any of the following ("events of default"):

13.1 Contractor's failure to maintain liability insurance required under this Agreement;

13.2 Contractor's failure to perform or observe any other agreement or covenant contained in the Contract if such failure continues for a period of two days after City has notified Contractor in writing, specifying the nature of Contractor's failure of performance;

13.3 The bankruptcy or insolvency of Contractor, a transfer in fraud of creditors, an assignment for the benefit of creditors or an execution issued against any property of Contractor used in connection with or which is the subject of the Contract, or the appointment of a receiver or trustee for all or substantially all of Contractor's assets;

or

13.4 Contractor's failure to maintain any license, permit, certification, bond, or other authorization required by federal, state, or local…