Invitation to Bid

Public Improvement Project

Cuthbert Amphitheater Site Improvements

Solicitation No. ITB 20272001

Due Date and Time:

Tuesday, August 25, 2026 @ 2:30pm

NON-MANDATORY PRE-BID CONFERENCE

Tuesday, August 4, 2026 @ 3:00pm 1820 Roosevelt Blvd, Building 2, Eugene OR

CITY OF EUGENE

Central Services Finance Division/Purchasing

500 East 4th Avenue, Suite 303 Eugene, Oregon 97401

The Purchasing Office is closed to the public except by appointment.

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I. INVITATION TO BID

INVITATION TO BID

Solicitation No. ITB 20272001 Notice to Suppliers Pursuant to ORS 279C.365 and City of Eugene Administrative Order 44-25-01-F, Public Contracting Rule (City Rule) 137-049-0200, sealed bids for Cuthbert Amphitheater Site Improvements for the City of Eugene will be accepted by the Purchasing Office until Tuesday, August 25, 2026 @ 2:30pm. 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, site work includes grading, construction of asphalt parking lot, concrete curb and paving, gravel path, pedestrian lighting, landscaping and irrigation, chain link fencing and gates, and square tube steel gate fabrication. Utility work includes installation of potable water infrastructure, electrical service and pedestals, fiber conduit, stormwater facilities and drainage.

Solicitation Documents Solicitation documents may be electronically accessed by logging in to OregonBuys. To view solicitations issued by the City of Eugene navigate to Supplier Activities, select the Open Bids icon, and choose Advanced Search. Then, click Select Organization and select City of Eugene from the list of available entities.

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

Proposers are required to submit their proposals through OregonBuys prior to the specified due date and time. Detailed submission instructions are provided by the City of Eugene and must be followed to ensure a successful submission. To request a copy of the submission instructions, please email the Purchasing Analyst. Proposers requiring technical assistance with OregonBuys should contact the Supplier Help Desk at support.oregonbuys@oregon.gov or by phone at 1-855-800-5046.

Emailed submissions will only be accepted if prior written approval has been granted by the Purchasing Analyst.

Prevailing Wage Rates This ITB is for a public improvement project which is subject to State of Oregon Bureau of Labor (BOLI) prevailing wage laws (ORS 279C.800 to 279C.870). All Bidders are required to consult the BOLI publication for Prevailing Wage Rates for public improvement contracts in Oregon subject to State PWR Law and all subsequent amendments. The rates in effect shall be as in BOLI publication dated July 5, 2026, and can be found at the following link:

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

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Non-Mandatory Pre-Bid Conference A non-mandatory pre-bid conference will be held on Tuesday, August 4th @ 3:00pm at 1820 Roosevelt Blvd, Building 2. Parking for oversized vehicles will be in the gated west lot, first right hand turn upon entering from Roosevelt Blvd. This is an opportunity to learn more and ask questions of the Project Manager and Purchasing Analyst. Statements made by the City’s representatives at the pre-bid meeting are not binding upon the City unless confirmed by written addendum issued under Section II (7.0) of this ITB.

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

Dated: July 28, 2026

Michelle Hahn Purchasing Analyst City of Eugene Mhahn@eugene-or.gov

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II. INSTRUCTIONS TO BIDDERS

1.0 STANDARD BID FORM

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

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

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

2.0 SUBMISSION

2.1 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, or faxed bids are invalid and will not be considered.

Emailed bids must be pre-approved in writing by the Purchasing Analyst.

3.0 SOLICITATION CLARIFICATIONS AND MODIFICATIONS

Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst by email, in conformance with City Rule 137- 049-0260, and no less than eight (8) calendar days PRIOR to the solicitation closing and submitted separately from the solicitation response.

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

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

• The solicitation number and title

• A reference to the page and item being addressed

• The reason and any proposed alterations

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

4.0 BID MODIFICATION OR WITHDRAWAL

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

049-0280. Bidder shall submit any modification to its bid in accordance with the

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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:

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 City as an approved equal. To be considered, include detailed specifications, cut sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

5.2 Review and approval of “or equal” products will be considered both pre- and post-award.

6.0 SOLICITATION PROTESTS

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

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

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

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 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).

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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 proposer.

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.

10.0 SILENCE OF SPECIFICATIONS

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

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

11.0 EMPLOYEES NOT TO BENEFIT

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

12.0 CITY FURNISHED PROPERTY

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

ITB.

13.0 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.

14.0 BID SECURITY

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

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15.0 PUBLIC WORKS BOND

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

16.0 RESERVED RIGHTS

The City reserves the right:

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

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

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

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

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

F. In the event that two or more bids are identical in price, fitness, availability and quality, award shall be made in accordance with City Rule 137-046-0300.

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

H. To extend the deadline for submitting bids, in accordance with City Rule 137-049-0250.

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

J. To include liquidated damages of $1900.00 per day for each day the good is not delivered as set forth in the contract, barring circumstances beyond Contractor’s control.

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

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18.0 CONSIDERATION OF BIDS

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

18.2 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.

18.3 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.

18.4 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.

18.5 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 deny the protest and affirms the award.

Bidders may protest the notice of intent to award the contract in accordance with City

Rule 137-049-0450.

20.0 RESPONSIBLE BIDDER DETERMINATION

All public entities that award public improvement contracts must complete a Responsible Bidder Determination Form as mandated by ORS 279C.375. To make a determination of whether the bidder meets the standards of responsibility, the City will check the list created by the Construction Contractors Board under ORS 701.227 for bidders who are not qualified to hold a public improvement contract. For bidders not listed, the City will then consider whether the bidder:

a) Has available the appropriate financial, material, equipment, Facility, and personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities.

b) Holds current licenses that businesses or service professionals operating in this state must hold in order to undertake or perform the work specified in the contract.

c) Is covered by liability insurance and other insurance in amounts required in solicitation documents.

d) Qualifies as a carrier-insured employer or a self-insured employer under ORS 656.407or has elected coverage under ORS 656.128.

e) Has disclosed the bidder’s first-tier subcontractors in accordance with ORSS 279C.370.

f) Has a satisfactory record of performance.

g) Has a satisfactory record of integrity.

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h) Is qualified legally to contract with the contracting agency.

i) If applicable, bidders with a contract valued at $500,000 or more and that have 50 or more employees possess a certificate that the Oregon Department of Administrative Services issued under Section 2 of the 2015 Act. (Wage Law Certificate)

j) Has supplied all necessary information in connection with the inquiry concerning responsibility.

21.0 CONTRACT AWARD

Submittal of a bid evidences bidder’s intent to execute and be bound by the terms of the attached contract; See Section VII Sample 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.

22.0 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.

23.0 PUBLIC WORKS ADDITIONAL INSTRUCTIONS

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

23.2 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.

23.3 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.

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23.4 The price offered must be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates will be furnished upon request. Packing and transportation expenses are the responsibility of the bidder. All prices bid must be F.O.B.

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

23.5 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 details of the extended warranty.

24.0 PUBLIC WORKS REQUIRED SUBMITTALS

24.1 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.

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

(1) The subcontractor's name,

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

(3) The dollar value of the subcontract.

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

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

SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED

DEADLINE (see Rule 137-049-0360).

24.3 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.

24.4 Wage Law Certificate: A Bidder with a contract valued at $500,000 or more and that has 50 or more employees is required to submit a completed Wage Law Certificate confirming completion of pay equity training under ORS 652.220.

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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.

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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=oregon4biz to 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.

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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 .................................................................................. July 28, 2026

Non-Mandatory Pre-bid Meeting .......................................... August 4, 2026 @ 3:00pm

Last date to request solicitation clarification or change .......... August 17, 2026 @ 4:00PM

Last date to protest solicitation……………………………………August 18, 2026 @ 4:00PM

Bids due no later than………...………………..…..………….August 25, 2026 @ 2:30 PM

Project start date…..…………………………………….............................early September

Project completion date……………early December (120 days from notice to proceed)

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V. REQUIREMENTS / SPECIFICATIONS

Please refer to the following:

Attachment A – Special Provisions Attachment B – Construction Plan Drawings Attachment C – Cuthbert Stormwater Report Attachment D – Item Bid Table

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VI. FORMS TO SUBMIT WITH BID

STANDARD BID FORM

Solicitation No. ITB 20272001

Opening Date: Thursday, August 25, 2026 @ 2:30pm

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 ninety (90) calendar days after the date on which bids are received.

3. Contract Execution; Insurance. The Proposer agrees that it will, within ten calendar days of receiving a Contract from the City, execute and return it to the City with 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 _____ is not _____ an Oregon Resident Bidder.

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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, indicate the bidders (Business)

State of Residence. _____________________

CCB Registration As a condition to submit this bid, a contractor must be registered with the Oregon Construction Contractors Board (CCB) in accordance with Oregon State Law and disclose their license number. Failure to register and disclose the number will make this a nonresponsive bid and the bid will be rejected, unless contrary to Federal Law. In the field below, enter your Oregon CCB License Number.

CCB No:

Expiration Date:

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

Prevailing Wage Rate Acknowledgement The contract is subject to BOLI Prevailing Wage Requirements and ORS 279C.800 through ORS 279C.870. The contractor and every subcontractor on the project shall pay at a minimum the BOLI prevailing wage as specified for this project. The contractor certifies compliance with BOLI concerning the payment and certification of payment of prevailing wage rates and has considered this when preparing this bid. __________ (initial)

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 their surety on any bond furnished with the solicitation and will not be communicated to any such person prior to 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.

ITB #20272001 Cuthbert Amphitheater Site Improvements Page 17 of 40

The basis of award for this contract will be the Total Cost, Including Base Bid and Additive Alternate #1

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:

Requirement Initials

1. Signed Standard Bid form

2. Completed Item Bid Table

3. Drug Program Certification form

4. 1STTier Subcontractor Disclosure form

5. Evidence of Responsibility form

6. Bid Security equal to 5% of Base Bid

ITB #20272001 Cuthbert Amphitheater Site Improvements Page 18 of 40

CERTIFICATE OF BIDDER/CONTRACTOR

EMPLOYEE DRUG TESTING PROGRAM

ORS 279C.505(2)

Solicitation No. 20272001

BIDDER’S NAME:

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

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

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

a) Requires pre-employment drug testing;

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

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

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

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

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

In witness whereof, the Bidder has caused this document to be executed by its duly authorized representative on the date shown below.

SIGNATURE:

PRINTED NAME:

TITLE:

DATE:

ITB #20272001 Cuthbert Amphitheater Site Improvements Page 19 of 40

FIRST TIER SUBCONTRACTOR

DISCLOSURE FORM

PROJECT NAME: BID No:

BID CLOSING: Date: Time:

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

This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time.

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

SHEETS IF NEEDED.)

NAME DOLLAR CATEGORY

VALUE OF WORK

1) $

2) $

3) $

4) $

5) $

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

FORM SUBMITTED BY (BIDDER NAME):

CONTACT NAME:

PHONE: FAX:

ITB #20272001 Cuthbert Amphitheater Site Improvements Page 20 of 40

EVIDENCE OF RESPONSIBILITY FORM

Prior to award of the Contract, the City will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. In doing so, City may investigate Bidder and request information in addition to that already required in this ITB.

Failure to provide this information shall result in Bid rejection. The City may postpone the notice of intent to award the Contract after bid opening to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate responsibility as required under OAR 137-049-0390 shall render the Bidder non-responsible and shall constitute grounds for bid rejection, as required under OAR 137-049-0440.

Bidder may add additional pages to this form as needed to provide the required information.

Name of Bidder: _______________________________________________________________________

Primary Office Address: _______________________________________________________________________

1. Does Bidder have available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain the resources and expertise necessary to meet all contractual responsibilities?

Yes ☐ / No ☐

2. Does Bidder hold current licenses that businesses or service professionals operating in this state must hold in order to undertake or perform the work specified in the contract?

3. Is Bidder covered by liability insurance and other insurance in amounts the contracting agency requires in the solicitation documents?

4. Within the last 3 years has the Bidder been criminally or civilly charged, indicted, or convicted in connection with:

a. Offenses related obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract,

b. Violation of federal or state antitrust statutes relating to the submission of Bids or Proposals, or

c. Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property?

If yes, indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges below:

Does Bidder have any outstanding or pending judgments against it? Yes ☐ / No ☐

If yes, please provide an explanation:

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5. Pay Equity Certificate. This certificate is required if Bidder employs 50 or more full-time workers and the resulting Contract price is estimated to exceed $500,000. Does a current authorized representative of Bidder possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services?

Yes ☐ / No ☐ / Not Applicable ☐

6. Within the last 3 years has the Bidder, or any officer, partner, agent or employee of Bidder been found to have violated any state or federal prevailing wage statute or regulation (including the federal Davis-Bacon and related Acts and ORS 279C.800 – ORS 279C.870) in any Final Order of the Oregon Bureau of Labor and Industries or the United States Department of Labor, or by any court of competent jurisdiction?

Yes ☐ / No ☐

If yes, provide copies of the final order(s) or judgment in which this occurred and explain in detail:

(a) The circumstances behind any violation, including the amount(s) not paid

(b) Whether the amount(s) have now been paid

(c) The reasons for the violation

(d) All efforts undertaken to ensure that future violations will not occur

RECORD OF SATISFACTORY PERFORMANCE

Bidder must demonstrate that it has completed previous contracts of a similar nature with a satisfactory record of performance. Bidder shall provide the information below for 3 different projects completed in the last 5 years that demonstrate Bidder’s experience with projects of similar size, scope, and complexity to the Project that is the subject of this ITB. Bidder must provide contact information for the individual who can describe the quality of workmanship and service that the Bidder provided on current and past projects of similar size and complexity.

Bidder may add additional lines to this form as needed to provide the required information.

Project #1

Description of Project:

Project Location:

Project Date:

Contract Amount:

Project Owner:

Project Contact Information (Name/Phone/Email):

Did the project owner ever find that you were materially deficient in contract performance?

Yes ☐ / No ☐

If yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did you take appropriate corrective action? Please provide an explanation:

Did you stay within the contract time and budget to the extent the costs associated with and time available to perform a previous contract were within your control? Yes ☐ / No ☐

ITB #20272001 Cuthbert Amphitheater Site Improvements Page 22 of 40

Project #2

Description of Project:

Project Location:

Project Date:

Contract Amount:

Project Owner:

Project Contact (Name/Phone/Email):

Did the project owner ever find that you were materially deficient in contract performance?

Yes ☐ / No ☐

If yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did you take

Did you stay within the contract time and budget to the extent the costs associated with and time available to perform

Project #3

Description of Project:

Project Location:

Project Date:

Contract Amount:

Project Owner:

Project Contact (Name/Phone/Email):

Did the project owner ever find that you were materially deficient in contract performance?

Yes ☐ / No ☐

If yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did you take

Did you stay within the contract time and budget to the extent the costs associated with and time available to perform

The undersigned is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this Evidence of Responsibility Form.

Signature: ____________________________________________________________________________________

Printed Name: _________________________________________________________ Date: __________________

ITB #20272001 Cuthbert Amphitheater Site Improvements Page 23 of 40

VII. SAMPLE CONTRACT

PUBLIC IMPROVEMENT CONTRACT

Cuthbert Amphitheater Site Improvements

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 was the successful Bidder for the public improvement project described in plans, specifications and special provisions that were included in the bid documents of solicitation 20272001 for the project which hereby forms a part of this Contract by reference.

B. The Contract described herein was awarded under the exemption or procedure authorized by City of Eugene Administrative Order 44-25-01-F, Public Contracting Rules 2025, Division 49, Public Improvement 137-049-0200, and ITB #20272001.

C. The Contract. The Contract between the City and Contractor (the Contract) includes this Document and its exhibits, together with all of the documents and materials included in the definition of the Contract under the 2024 Oregon Standard Specifications for Construction issued by the Oregon Department of Transportation as modified by the City’s Supplemental Standard Specifications, Supplemental Specifications for the Project, and any other Special Provisions included in the Bid Documents (all specifications and Special Provisions included in the Contract are collectively referred to herein as the Specifications). In addition, the Contract between the City and Contractor shall be deemed to incorporate all reports, records, laws, rules and orders referenced in the Contract documents. This Document includes and incorporates the following Exhibits, which are listed in order of precedence:

Exhibit A – City’s Standard Conditions for Public Improvement Contracts Exhibit B – Project Special Provisions and Drawings Exhibit C -…