ITB 00002571 Fabricating and Refinishing Bike Racks~1.pdf

City Project 132326 Page 1 of 21 Fabricating and Refinishing Bike Racks

ITB 00002571

Date: June 6, 2025

City of Portland, Oregon ITB No. 00002571 Invitation to BID for Fabricating and Refinishing Bike Racks

PROPOSALS DUE:

June 20, 2025 By 4:00 P.M. Pacific Time

MEETING NOTICE:

A non-mandatory pre-proposal meeting is scheduled for this ITB.

To register for the meeting, contact Christina Hollen-Morey by June 11, 2025, at 4:00 PM PST by emailing christina.hollen-morey@portlandoregon.gov or calling 503-201-

Meeting Date: June 12, 2025 at 1:00 P.M. Pacific Time

Location: Virtual, Microsoft Teams link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTBhNjNhNGItOTQ0NS00YjQ1LWI2NWMtYWMxNDYwZGQ3Nm Q2%40thread.v2/0?context=%7b%22Tid%22%3a%22636d7808-73c9-41a7-97aa- 8c4733642141%22%2c%22Oid%22%3a%229e6e307a-09b0-426a-86d5- 32e36b9ce8f8%22%7d

Time: 1:00 PM to 2:00 PM PST

SUBMITTAL INSTRUCTIONS:

Submit proposals electronically by uploading the required proposal documents below to the City’s Procurement Services vendor portal, BuySpeed found at:

https://procure.portlandoregon.gov/. Refer to Attachment 4 within this solicitation for instructions on how to upload proposals.

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REFER ALL QUESTIONS TO:

Christina Hollen-Morey, Procurement Specialist City Operations, Procurement Services Phone: 503-201-3823 Email: Christina.Hollen-Morey@PortlandOregon.GOV

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SECTION 1 INTRODUCTION

1.1 Background

The Portland Bureau of Transportation (“PBOT” or “City”) provides bike racks in the public right-of-way to ensure people biking and riding scooters have convenient places to park near their destinations in business districts and along commercial corridors. PBOT’s Transportation System Plan (TSP) has a modal goal of 25% of trips in Portland to be taken by bicycle by 2035. Bike parking is an important element to support this. To date, PBOT has installed nearly 7,300 individual racks on sidewalks and 155 bike corrals in the street, which comprise of an additional 1,115 racks. Maintaining a constant supply of new bike racks to install citywide to fulfill bike parking requests is imperative.

Additionally, the finish is failing on hundreds of existing PBOT bike racks, both in storage and already installed in the public right-of-way. To protect these assets and remedy the problem, PBOT will have these racks stripped, galvanized, and refinished.

This Invitation to Bid encompasses both the fabrication of new bike racks as well as refinishing failing ones that already exist.

1.2 Scope of work

The successful Contractor shall provide:

1.2.1 Task 1 New Bike Rack Fabrication:

Bike Racks for the City of Portland’s Bureau of Transportation (PBOT) in accordance with the Technical Drawing, attached and labeled as Attachment 1 and the City of Portland Standard Construction Specifications, Section 593, attached, and labeled as Attachment 2.

1.2.1.1 SIZE/DIMENSIONS: 35” tall; 30” ±1/8” wide; flat horizontal steel bar 2 ½ x 3/8” welded 10” from bottom of rack; flange 3” x 6 ½” with two 5/8” holes placed ¾” away from edge; floating wire rope inside tubing; 1 1/2" diameter constructed of 90 degree bends with an inside radius (R) bend range between 3 1/16" to 5 1/2" (+/- 1/2" shop tolerance).

1.2.1.2 MATERIAL FINISH AND REQUIREMENTS:

1.2.1.2.1 Pipe: Use ASTM A53 Grade B standard weight steel

pipe; 1 ½” diameter

1.2.1.2.2 Wire rope: Include 9/16” outside diameter 6x26 round floating mild steel wire rope.

1.2.1.2.3 Plate: Use ASTM A36 5/8” thick plate.

1.2.1.2.4 Galvanizing: Hot-dip galvanize after fabrication of the rack according to ASTM A123 and repair damaged hot-dip galvanizing according to ASTM A780 and A123.

1.2.1.2.5 Coating: Apply two-coat powder coating system

comprised of epoxy primer, polyester topcoat and other

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requirements included in Specifications and labeled as City of Portland Standard Construction Specifications, Section 593, attached, and labeled as Attachment 2 in RAL color #5010, Gentian Blue.

Contractor shall provide to the City 1 (one) Bike Rack per completed manufactured Lot for testing.

The City will perform testing and inspection on the Bike Racks. Acceptance Testing may include confirming the Bike Racks meet the Technical Drawing, attached and labeled as Attachment 1, and the City of Portland Standard Construction Specifications, Section 593, attached and labeled as Attachment 2. The inspection may also include weld verification for:

Uniform specified weld size No porosity Minimal undercut (less than .018”) No cracks allowed Weld craters to be filled No overlap or lack of fusion (cold roll) Removal of weld spatter

When approved, the City will provide an Acceptance Certificate, see Attachment 8 SAMPLE Price Agreement, Exhibit E-1, to the vendor. The vendor may then deliver Bike Racks from that Lot to fulfil Purchase Orders provided by the City.

When a Failure of Acceptance occurs the City and Contractor will follow the process under Section 7.3 in Attachment 8 SAMPLE Price Agreement, “Failure of Acceptance Test”.

1.2.2 Task 2 Single or Cluster of 3 Bike Rack Refinishing:

Sandblast, galvanize and refinish failing PBOT Single or Cluster of 3 Bike Racks per the approach, see section 1.2.2.1 and 1.2.2.2, determined by PBOT.

Prior to the first Purchase Order, PBOT will supply four (4) Single Bike Racks to the Contractor to have refinished; two (2) Single Bike Racks each per approach outlined in 1.2.2.1 and 1.2.2.2. The Contractor will deliver the Single Bike Racks to PBOT when completed. PBOT will then test, select, and proceed with one chosen approach on all future Purchase Orders for both Single and Cluster Bike Rack Refinishing.

1.2.2.1 Approach #1:

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Prepare surfaces (Existing Steel Structures), coat with zinc-rich epoxy primer, and apply polyester tri-glycidylisocyanurate (TGIC) finish, 4 mil thick in RAL color #5010, Gentian Blue in accordance with Portland Standard Construction Specifications Section, 594, attached and labeled as Attachment 3, to existing bike racks whose finish is failing.

1.2.2.2 Approach #2:

Prepare surfaces (Existing Steel Structures) and apply a two-coat powder coating system comprised of epoxy primer, polyester topcoat and other requirements outlined in Portland Standard Construction Specifications Section 593, attached and labeled as Attachment 2, in RAL color #5010, Gentian Blue, to existing bike racks whose finish is failing.

Contractor shall provide to the City 1 (one) Bike Rack per completed refinished Lot for testing.

The City will perform testing and inspection on the Bike Racks. Acceptance Testing may include confirming the Bike Racks meet the City of Portland Standard Construction Specifications, Section 593, attached and labeled as Attachment 2 or the City of Portland Standard Construction Specifications, Section 594, attached and labeled as Attachment 3, depending on the approach used.

When approved, the City will provide an Acceptance Certificate, see Attachment 8 SAMPLE Price Agreement, Exhibit E-1, to the vendor. The vendor may then deliver Bike Racks from that Lot to fulfil Purchase Orders provided by the City.

When a Failure of Acceptance occurs the City and Contractor will follow the process under Section 7.3 in Attachment 8 SAMPLE Price Agreement, “Failure of Acceptance Test”.

1.3 Technical Requirements

See Attachment 1 – Technical Drawings See Attachment 2 – City of Portland Standard Construction Specifications, Section 593 See Attachment 3 – City of Portland Standard Construction Specifications, Section 594

1.4 Pricing

See Attachment 6 – Bid Schedule as bid form

1.5 General Requirements

All specified equipment shall be fabricated and refurbished to the specifications in Attachment 1, 2, and 3. This equipment will be used for the City of Portland or any other

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government agency doing business with the City of Portland. All orders shall include Purchase Order numbers.

SECTION 2 GENERAL REQUIREMENTS AND INSTRUCTIONS TO BIDDERS

All bids are subject to the provisions and requirements of the Oregon Revised Statutes, the Portland City Code (PCC), PCC 5.10 and Portland’s Public Contracting Rules (PCR) Section 5.33.

2.1 Bid Preparation

2.1.1 Bid Format

Bids must be submitted on the form provided in the Invitation to Bid. No oral, telegraphic, telephone or facsimile bids will be accepted.

2.1.2 Conformance to Bid Requirements

Bids must conform to the requirements of the Invitation to Bid. All necessary attachments (residency statement, bid bond, references, descriptive literature, etc.) must be submitted with the bid and in the required format.

Bid prices must be for the unit indicated on the bid. Failure to comply with all requirements may result in bid rejection.

2.1.3 Conflict of Interest

By submitting a bid, a Bidder certifies that no officer, agent or employee of the City has a pecuniary interest in this Agreement has participated in preparation of the proposal or resulting Agreement, that the proposal was made in good faith without fraud, collusion, or connection of any kind with any other Offeror of the same proposals, and that the Offeror is competing solely in its own behalf without connection with, or obligation to any undisclosed person or firm.

2.1.4 Cost of Bidding

This invitation to bid does not commit the City to pay any costs incurred by any Bidder in the submission of a bid, or in making necessary studies or designs for the preparation thereof, or for procuring or Contracting for the items to be furnished under the invitation to bid.

2.1.5 Use of Brand or Trade Names

Any brand or trade names used by the City in bid specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition. Bidders may submit bids for substantially equivalent products

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to those designated unless the Invitation to Bid provides that a specific brand is necessary because of compatibility requirements, etc. All such brand substitutions shall be subject to purchaser's approval.

2.1.6 Product Identification

Bidders must clearly identify all products bid. Brand name and model or number must be shown. The City reserves the right to reject any bid when the product information submitted with the bid is incomplete.

2.1.7 Fob Destination

BID PRICES MUST BE F.O.B. DESTINATION FREIGHT PREPAID AND

ALLOWED with all transportation and handling charges paid by the Bidder.

2.1.8 Exceptions

Any deviation from solicitation specifications, terms and conditions may result in bid rejection.

2.1.9 Delivery

Delivery time must be shown in number of calendar days after receipt of order.

2.1.10 Signature on Bid

Bids must be signed by an authorized representative of the Bidder.

Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same goods and/or services and is in all respects fair and without collusion or fraud. Failure to sign is cause for bid rejection.

Signature on a bid also certifies that the Bidder has read and fully understands all solicitation specifications, terms and conditions. No consideration will be given to any claim resulting from bidding without comprehending all requirements of the Invitation to Bid

2.1.11 Bid Modification

Modifications or erasures made before bid submission must be initialed in ink by the person signing the bid. Bids, once submitted, may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly

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marked "Bid Modification" and bare the same markings as the bid envelope as identified on page 1. Bidders may not modify bids after bid closing time.

2.1.12 Bid Withdrawals

Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Procurement Services prior to bid closing time. Bids may also be withdrawn in person before bid closing time upon presentation of appropriate identification.

2.1.13 Late Bids

Sealed bids must be received and time-stamped by Procurement Services prior to bid due time on the bid due date. Late bids will not be considered for award.

2.2 Sustainability Objectives

The City has a history of striving to be more sustainable in its operations and planning. City Administrative Rule ADM 1.09 details the City’s current Sustainable Procurement Policy. https://www.portland.gov/procurement/sustainable-procurement-program/documents/adm-109-sustainable-procurement-policy-full/download. While specific goals vary, the City’s sustainability objectives tend to focus on: reducing energy use;

reducing air, water, and land pollution; building and maintaining high-performance green buildings; reducing the use of materials toxic to the environment and human health; utilizing resources efficiently, including the use of renewable, reusable and recycled materials; utilizing minority-owned, small, and/or local businesses;

preserving or enhancing biodiversity; and maintaining fiscal health in the short and long term. As such, the City seeks to do business with firms that will actively contribute to the City’s sustainability objectives.

2.3 Addenda to Plans or Specifications

If, in the opinion of the Chief Procurement Officer, additional information or interpretation should be provided, an Addendum will be made available to all known specification holders. Any Addendum will be issued seventy-two (72) hours or more before the scheduled closing time for submitting bids, not including Saturday, Sunday, and legal holidays. The City shall post all Addenda on the Procurement Services website. Failure of the Bidder to exercise due diligence to receive or obtain such Addenda shall not excuse the respondent from compliance therewith if awarded the contract.

2.4 Oral Instructions

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Oral instructions or information concerning the ITB documents, or the project given out by officers, employees, or agents of the City to prospective Bidders are not binding unless confirmed by Addendum.

2.5 Questions or Clarifications

It is the Bidder’s responsibility to ask questions, request changes or clarifications, or inform the City of Portland, Procurement Services if it believes the language, specifications, or requirements of this ITB are ambiguous, contradictory, or have other problems. Unless a different time is provided in the ITB, questions received less than seven (7) calendar days prior to the date bids are due may not be answered Clarifications of any provision of the solicitation document are binding only if the City amends the solicitation document by Addendum.

2.6 Bid Opening

Bids will be publicly opened at the scheduled opening time stated in the Solicitation.

Award decisions will not be made at the bid opening.

2.6.1 Bid Evaluation and Award

Award will be made to the lowest responsive and responsible Bidder.

2.6.2 Evaluation Criteria

Bids will be awarded based upon the evaluation criteria in the Invitation to Bid and in accordance with Section 5.10 of City Code and Section 5.33 of the Public Contracting Rules.

2.6.3 Local Contracting

For the purchase of goods and services less than $250,000, the City shall solicit price quotation and proposals and ultimately purchase from those businesses located within the City of Portland who meet all state and local contracting requirements, including having a current business license, being current on the City’s Business License Tax (BLT) or current on a payment plan formally approved by the City unless other circumstances, such as lack of available contractors or unreasonable prices, require the City to make purchases elsewhere.

2.6.4 Delivery

Ability to meet the City’s required delivery date shall be used to determine responsiveness. Cash Discounts: Cash discounts will not be considered for award purposes unless stated in the bid documents.

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2.6.5 Payment

The City’s standard payment term is Net 30 days. Bids which require payment in less than 30 days after receipt of invoice or delivery of goods, whichever is later, may be rejected.

It is the City’s policy to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. To receive payment from the City, vendors must register in SAP Ariba. How to register as a New City of Portland Supplier in SAP Ariba can be found on the City’s website at:

https://www.portland.gov/business-opportunities/ariba-new-registration

Upon verification of the data provided, the Payment Authorization Agreement in the Ariba registration process will authorize the City to deposit payment for services rendered or goods provided directly into vendor accounts with financial institutions. All payments shall be in United States currency.

2.6.6 Bid Rejection

The City reserves the right to reject any and all bids.

2.6.7 Cancellation

The City reserves the right to cancel this solicitation at any time without award.

2.6.8 Bid Results

Bidders who receive awards will be notified of bid results via the Procurement Services website; unsuccessful Bidders will not be directly notified. Bid results are available by phone or email.

SECTION 3 SUPPLEMENTAL REQUIREMENTS

3.1 Approved Equal

For those items designated with "OR APPROVED EQUAL" in the Bid Specifications, the Bidder shall obtain approval prior to the date bids are due.

Requests for approval shall be made to the Chief Procurement Officer not later than ten (10) [note: the number of days here may be changed but must clearly be indicated] calendar days [note: specifically identify whether it is calendar days] prior to the bid opening date bids are due. Each request shall include a detailed description of the equipment, or materials offered, including a sample, drawings, performance and test data, and/or other pertinent information the City may require.

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Requests shall clearly identify the specified items for which an alternate is being proposed. Approval of any alternate equipment or materials shall be issued in the form of an Addendum seventy-two (72) hours prior to bid opening.

3.2 Sampling And Testing

Testing of materials will be made by the City in accordance with methods described or designated in the applicable specifications are herein provided and at any time during the production, fabrication, preparation and use of the materials.

The City reserves the right to require samples and to test products for compliance with pertinent requirements irrespective to prior certification of the products by the manufacturer. When tests of materials are necessary, such tests will be made by and at the expense of the City unless otherwise specified herein. In the event the materials fail, the supplier shall bear all costs for all subsequent testing necessary to meet specified requirements.

3.3 Required Product/Service Delivery

Contractor must be prepared to furnish the items requested within 8-10 weeks after receipt of an order. Delivery shall be to the following address:

Portland Bureau of Transportation Attn: Material Distribution Center 3150 N Mississippi Ave Portland, OR 97227

Contractor shall immediately notify the City, in writing, if delivery cannot be completed as intended.

NOTE: Contractor shall email such notifications to: Material Distribution Center, Portland Bureau of Transportation, kerbymdcgrp@portlandoregon.gov.

If the ordered item(s) are not delivered within 8-10 weeks from the order date, the City of Portland, at its sole discretion, may purchase that same item(s) from other sources and the successful Offeror shall be liable for the excess costs incurred, including the difference in unit price and freight charges. Repeated late deliveries may be cause for Contract cancellation.

Delivery of the requested goods shall not be considered complete until all discrepancies have been corrected. Items not meeting Contract specifications shall be returned at Contractor's expense. Contractor shall replace rejected items within seven (7) calendar days after receipt of re-order request. Acceptance occurs when the City authorizes payment of the invoice. If the City makes a payment for a Product prior to Final Acceptance, the payment does not grant a waiver of any representation or warranty by Contractor.

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3.4 Intergovernmental Co-Operative Purchasing

The Bidder awarded the contract agrees to extend identical prices and services under the same terms and conditions to all public agencies. Quantities stated herein reflect the City of Portland usage only. Purchases from other agencies do not affect the Contactor’s obligation to the City of Portland. Other agencies will execute their own Contracts with the Bidder. The successful Contractor shall provide quarterly usage reporting of the City of Portland and that of other public agencies. Any Bidder, by written notification included with their bid, may decline to extend the prices and terms of this bid to any and/or all other public agencies.

3.5 Additional Purchases

The City reserves the right to purchase additional equipment [or materials] beyond the quantities stated in the bid documents at the same prices submitted by the Bidder. Such additional purchases are not guaranteed and will be made at the City’s sole discretion.

3.6 Preparation of Bids

3.6.1 Minimum Requirements

The Bidder shall identify whether it is meeting the equipment specifications of the Invitation to Bid. If meeting or exceeding the specifications the Bidder shall check the compliance “Yes” box next to the specification. If offering something equal but different than what the specification requires, the Bidder shall check the compliance “No” box next to the specification, stating clearly what is being offered in its place and providing all information necessary for the City to properly evaluate the item being bid to show the item is equal to that specified. Where additional space is required, the Bidder shall attach supplemental pages referencing the subject paragraph.

Where brochures or line drawings are available, they should also be attached. The City reserves the right to determine, in its own discretion, whether a proposed variance meets the needs of the City.

Each Bidder shall submit with their bid one (1) set of line drawings, showing all dimensions (such as wheelbase, compartment widths and heights, overall height, and length, etc.) and layout of the compartments and apparatus on which they are bidding. If any conflict occurs between these specifications and the Bidder’s drawings, these specifications shall prevail.

Failure to submit these line drawings may be cause for bid rejection.

3.6.2 Intent Of Specifications

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The intent of these specifications is to provide the City with a fully functioning, quality Bike Racks. Bidders shall include in their bids all costs for all labor, equipment, and materials necessary to ensure that the Bike Racks are of quality while fully functioning, and timely, regardless of any apparent omission of any particular component of these specifications.

If it appears the City omitted an important component of any item identified in this bid, the Bidder shall bring that matter to the attention of the City during the period of time available for requesting clarification [as indicated in Section 2.5]. The specifications in this ITB will be part of the Contract between the City and the successful Bidder(s).

3.6.3 Silence Of Specification

The silence or omission of the specifications as to any detail means that only the best commercial practices are to prevail in this ITB and resulting Contract; only materials and workmanship of first quality are to be used.

3.6.4 New/Latest Model

Parts and materials must be new or the most current model. Surplus, remanufactured, and used products are prohibited unless expressly stated otherwise in the specifications. Current model means: the item or model being manufactured at the time of receipt of the award, or any subsequent year item or model manufactured during the time the Contractor has to make delivery under the resulting Contract.

3.6.5 Taxes

Taxes, whether State or Federal, shall not be included in the bid prices. A tax exemption certificate will be provided by the City on request.

3.7 Submission of Bids

3.7.1 Bid Submittal

By submitting a bid, the Bidder agrees to furnish any and all equipment, supplies and/or services required by the ITB, at the prices quoted, pursuant to all requirements and specifications as contained therein.

3.7.2

In the event of a mistake or an ambiguity, if the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to the City will prevail. All bids must be on the form furnished by the City, or it may be rejected by the City. The omission of such items as delivery dates, or any

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other required information may cause the offer to be considered non-responsive.

3.7.3 Bid Prices

The prices submitted shall be firm during the first year of the Contract period. If unit prices are requested, they shall be shown for each unit on which there is a bid. The Bid price includes the cost to obtain all permits and licenses that may be required to perform the Contract. All prices quoted shall include all packing, handling, shipping charges, and the warranty provisions and requirements as listed in these specifications, FOB delivered and unloaded at the designated location(s). If assembly is required, offered prices shall include all costs associated with delivery, assembly, set-up and proper disposal of packaging materials. The offer price shall be exclusive of any sales, purchaser, or consumer tax. Submit unit prices if requested.

Bid prices shall remain valid for sixty (60) calendar days from bid opening unless otherwise indicated within the ITB. If the bid is accepted, prices shall remain firm for the specified Contract period.

3.7.4 Wage Rates

State of Oregon, Bureau of Labor and Industries (BOLI) prevailing wage rates are required to be paid to all workers for all work on contracts that total $50,000 and above, unless exempt.

State of Oregon, Bureau of Labor and Industries (BOLI) prevailing wage rates are required to be paid to workers in each trade or occupation that the Contractor or Subcontractor uses in performing all or part of the work on this project. The applicable prevailing wage rates for this project will be the rates in the BOLI publication titled “Prevailing Wage Rates for Public Works Contracts in Oregon” effective on July 5, 2024, including the applicable amendments dated April 5, 2024, which are hereby incorporated into this contract by this reference. Workers must be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838 and 279C.840. You can download your copy from www.oregon.gov/boli. If you need additional copies, contact Bureau of Labor & Industries, 800 NE Oregon St. #32, Portland, OR 97232; phone (971) 673-0839.

The City of Portland is required to pay the Prevailing Wage Rate (PWR) fee directly to the Oregon Bureau of Labor and Industries. Therefore, Contractor acknowledges that this fee has not been included in the bid amount for this project.

3.7.5 Bid Pricing Form

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The Bidder shall include unit and extended pricing for all equipment offered on the form provided by the City within this solicitation or may be rejected.

In the event of a conflict between unit pricing and extended pricing, unit pricing shall prevail.

3.7.6 Bid Bond

A bid bond is not required.

3.7.7 Execution Of Contract

The Bidder to whom award is made shall execute and return the Contract in the required number of copies and shall furnish all required bonds and insurance certificates satisfactory to the city within twenty (20) days after the Bidder receives the Contract.

3.7.8 Failure To Execute Contract

Failure on the part of the Bidder to whom the Contract is awarded to execute the Contract and deliver the Contract, all required bonds and insurance certificates within the time required permits the City to cancel the award of the Contract and charge Bidder for the difference in price between its bid and that of the next lowest responsible bidder.

SECTION 4 ATTACHMENTS

1. Attachment 1 Technical Drawings

2. Attachment 2 City of Portland Standard Construction Specifications, Section 593

3. Attachment 3 City of Portland Standard Construction Specifications, Section 594

4. Attachment 4 Electronic Submittal instructions

5. Attachment 5 Vendor Representations, Certifications, and Acknowledgments

6. Attachment 6 Bid Schedule

7. Attachment 7 Non-Collusion Affidavit

8. Attachment 8 Sample Contract

Appendix A Contract Requirements: Statutorily Required Language included in all Public

Contracts.

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ATTACHMENT 5

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

ITB 00002571 Fabricating and Refinishing Bike Racks [must be submitted with bid]

OFFER DATE

OFFEROR NAME

OFFEROR DOING BUSINESS AS

OFFEROR ADDRESS

AUTHORIZED REPRESENTATIVE NAME

AUTHORIZED REPRESENTATIVE TITLE

AUTHORIZED REPRESENTATIVE

PHONE

AUTHORIZED REPRESENTATIVE EMAIL

MAILING ADDRESS

SIGNATURE

LOCAL REPRESENTATIVE

LOCAL REPRESENTATIVE PHONE

LOCAL REPRESENTATIVE EMAIL

CITY OF PORTLAND BUSINESS

LICENSE TAX ACCOUNT #

STATE OF OREGON REGISTRY

NUMBER

FEDERAL TAXPAYER IDENTIFICATION

NUMBER (TIN)

TYPE OF ORGANIZATION

[_] Sole proprietorship;

[_] Partnership;

[_] Corporate entity (not tax-exempt);

[_] Corporate entity (tax-exempt);

[_] Government entity (Federal, State, or local);

[_] Other ____________________.

COMMON PARENT [_] Offeror is not owned or controlled by a common parent:

[_] Name and TIN of common parent:

Name ____________________________________

TIN ______________________________________

RESIDENT BIDDER All Offerors must state whether or not they are an Oregon resident Bidder as defined in ORS 279A.120, a resident Offeror is one who has paid unemployment taxes or income taxes in the State during the twelve (12) calendar months immediately preceding bid submission, has a business address in Oregon, and has stated in their bid to be a resident bidder.

[_] Offeror is a Resident Bidder [_] Offeror is not a Resident Bidder State of Residence

ATTACHMENT 6

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BID SCHEDULE

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[must be submitted with bid]

The Offeror represents and certifies as part of the following bid:

The undersigned having full knowledge of the specifications for the item(s) listed herein offers and agrees that this bid shall be irrevocable for at least sixty (60) calendar days after the bid opening date and time, and if accepted shall furnish any and/or all items(s) at the prices offered, all required documents, licenses and certifications, guarantees, titles and warranties as required and deliver at the designated point(s) within the time specified in the schedule.

ITEM DESCRIPTION QTY

UNIT OF

ISSUE

UNIT

PRICE

1 New Bike Rack Fabrication 1 EACH

2 Bike Rack Refinishing, Approach #1 1 EACH

3 Bike Rack Refinishing, Approach #2 1 EACH

Bike Rack Cluster Refinishing, Approach #1

1 EACH

Bike Rack Cluster Refinishing, Approach #2

1 EACH

TOTAL PRICE

An Offeror submitting a bid certifies that no officer, agent or employee of the City who has a pecuniary interest in this bid has participated in preparation of the bid, that the bid is made in good faith without fraud, collusion, or connection of any kind with any other Offeror of the same call for bids, and that the Offeror is competing solely in its own behalf without connection with, or obligation to any undisclosed person or firm.

In order to obtain the Buy Oregon Preference Certification for goods or services fabricated or processed entirely in Oregon, complete and submit Attachment 4 with bid

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ATTACHMENT 7

NON-COLLUSION AFFIDAVIT

[must be submitted with bid]

STATE OF Contract Bid No._____

COUNTY OF

I, (Type/Print Name) , state that I am (Position Title) of (Name of Firm) and that I am authorized to execute this affidavit on behalf of this firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

1. The price(s) and the amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, offeror, or potential offeror, except as disclosed.

2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a offeror or potential offeror, and the price(s), will not be disclosed before bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this Contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. The bid of this firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

5. (Name of Firm) , its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described.

I state that (Name of Firm) understands and acknowledges that the above representations are material and important and will be relied on by THE CITY OF PORTLAND, OREGON in awarding the Contract(s) for which this bid is submitted. My firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from THE CITY OF PORTLAND, OREGON of the true facts relating to the submission of bids for this Contract.

Signature

Subscribed and sworn to before me on this _______ day __________ of _________ x

SIGNATURE OF NOTARY PUBLIC

MY COMMISSION EXPIRES_________________

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APPENDIX A

CONTRACT REQUIREMENTS

Contractor shall observe all applicable state and local laws pertaining to public Contracts including the City’s Equal Benefits Ordinance and its administrative rules, all of which are incorporated by this reference. Failure to comply with the Ordinance permits the City to impose sanctions or require remedial actions as stated in Section 13.1 of the rules. Also, ORS Chapters 279A, 279B and 279C require every public Contract to contain certain provisions. Pursuant to those chapters, the following provisions shall be a part of this Contract, as applicable.

Pursuant to ORS 279B.220, on every public Contract, the Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the Contract; shall pay all contributions or amounts due the Industrial Accident Fund from the Contractor or subcontractor incurred in the performance of the Contract;

not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished, and; pay to the Department o Revenue all sums withheld form employees under ORS 316.167.

Pursuant to ORS 279C.505, on public improvement Contracts, the Contractor shall make payments promptly, as due, to all persons supplying to such Contractor labor or material for the prosecution of the work provided for in such Contract. The Contractor shall pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor incurred in the performance of the Contract. The Contractor shall not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. Contractor shall demonstrate that an employee drug-testing program is in place.

Pursuant to ORS 279C.510 (1), in every public Contract for demolition the Contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective. Pursuant to ORS 279B.225 and 279C.510 (3) in every public Contract and every public improvement Contract for lawn and landscape maintenance, the Contractor shall compost or mulch yard waste material at an approved site, if feasible and cost-effective.

Pursuant to ORS 279B.230(1), in every public Contract, the Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys and sums that the Contractor collected or deducted from the wages of employees under any law, Contract or agreement for the purpose of providing or paying for the services.

Pursuant to ORS 279B.230(2), in every public Contract, all subject employers working under the Contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126.

Pursuant to ORS 279B.235(1), persons may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it. In such cases, the employee shall be paid a) at least time and

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half pay for all overtime in excess of 8 hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or b) for all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week if four consecutive days, Monday through Friday; and c) for all work performed on Saturday and on any legal holiday specified in ORS 279B.020.

Pursuant to ORS 279C.515(1), on public improvement Contracts, if the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the public Contract as such claim becomes due, the proper officer or officers representing the state, county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of such Contract. The payment of a claim in the manner authorized by ORS 279C.515 shall not relieve the Contractor or the Contractor’s surety from obligation with respect to any unpaid claims.

Pursuant to ORS 279C.515(2), on public improvement Contracts, if the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement Contract within 30 days after receipt of payment from the Contract agency or a Contractor, the Contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the Contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the Contracting agency or from the Contractor, but the rate of interest may not exceed 30 percent.

The amount of interest may not be waived.

Pursuant to ORS 279C.515 (3), in every public improvement Contract and every Contract related to the public improvement Contractor, if the Contractor or subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement Contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

Pursuant to ORS 279C.520, no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of Contracts for personal services as defined in ORS 279C.100, the employee shall be paid at least time and a half pay for all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or for all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday;

and for all work performed on Saturday and on any legal holiday specified in ORS 279C.540. The Contractor shall give notice to employees who work on a public Contract in writing, either at the time of hire or before commencement of work on the Contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. In the case of Contracts for personal services as defined in ORS279C.100, an employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these Contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime. Persons employed under Contracts for services shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540 (1) (b)(B) to (G) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater. The Contractor shall give notice to employees who

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work on a Contract for services in writing, either at the time of hire or before commencement of work on the Contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

Pursuant to ORS 279C.530(1), in every public improvement Contract, the Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, Contract or agreement for the purpose of providing or paying for such service. In every public Contract, subject to ORS 279C, all employers working under the Contract are subject employers that shall comply with ORS 656.017.

Pursuant to ORS 279C.580(3)(a), the Contractor shall include in each public improvement subcontract for property or services entered into by the Contractor and a subcontractor, including a material supplier, for the purpose of performing a construction Contract, a payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the public Contracting agency under such Contract, and an interest penalty clause that obligates the Contractor to pay to the subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to ORS 279C.580 (3), for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made, and computed at the rate specified in ORS279C.515 (2).

Pursuant to ORS 279C.580(4), the Contractor shall include in each of its subcontracts for a public improvement, for the purpose of performance of such Contract condition, a provision requiring the subcontractor to include a payment clause and an interest penalty clause conforming to the standards of ORS 279C.580 (B) (4) in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.

Pursuant to ORS 279C.830(1)(a) workers shall be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838 and 279C.840.