2023200001_A1_Alton Baker Disc Golf Concessionaire_IRFP.pdf

Informal Request for Proposal

Alton Baker Disc Golf Concessionaire IRFP No. 2023200001

Due Date and Time:

Friday, October 28, 2022 at 4:00 PM

CITY OF EUGENE

Central Services Finance Division/Purchasing

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

Telephone: (541) 682-5055 The Purchasing Office is currently closed to the public.

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I. INVITATION TO SUBMIT PROPOSALS

CITY OF EUGENE INFORMAL REQUEST FOR PROPOSALS

IRFP No. 2023200001

Notice to Proposers Pursuant to ORS 279B.070 and City of Eugene Administration Order 44-14-08, Public Contracting Rule (City Rule) 137-047-0270, proposals for Alton Baker Disc Golf Concessionaire for the City of Eugene will be accepted by the Purchasing Office until Friday, October 28, 2022 at 4:00 PM. Proposals shall be valid for sixty (60) days after opening unless otherwise specified in the specifications. This Informal Request for Proposals does not commit the City to pay any costs incurred by any Proposer in the submission of a proposal.

Project Description The City of Eugene is soliciting proposals from qualified Proposers to operate and maintain the disc golf course located at Alton Baker Park. The Disc Golf Course Operator (“Concessionaire”) will be an independent contractor who maintains financial responsibility for the operations and maintenance of the course.

The concession term offered is two (2) years, with the option to extend for additional terms thereafter for a total potential contract length of ten (10) years. The City shall conduct an annual review to assess Concessionaire’s performance and conformance to the Contract requirements.

Solicitation Documents Solicitation documents may be examined electronically by logging in to OregonBuys.

To view City of Eugene solicitations:

• Scroll to Supplier Activities

• Click the Open Bids icon

• Click the Advanced Search button

• Click Select Organization

• Select City of Eugene

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

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

Submission of Proposals Via Email Submit Proposals in a single PDF file by email to the City’s Purchasing Analyst identified below before the due date and time specified in the IRFP.

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

Dated: October 3, 2022

Noel Dietz, CPPB, NIGP-CPP Purchasing Analyst ndietz@eugene-or.gov https://oregonbuys.gov/bso/ mailto:ndietz@eugene-or.gov

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II. INSTRUCTIONS TO PROPOSERS

1. STANDARD PROPOSAL FORM

1.1. Proposals shall be submitted with the Standard Proposal Form identical to the form provided by the City. The Proposer shall make no alterations or additional stipulations on the Standard Proposal Form. Alteration of any part of the Standard Proposal Form content may cause the proposal to be considered non-responsive.

1.2. Complete sets of Informal Request for Proposal (IRFP) documents shall be used in preparing proposals.

2. SUBMISSION

2.1. Proposers must submit their proposals in a single PDF file to the Purchasing Analyst at ndietz@eugene-or.gov.

2.2. Proposer is responsible for submitting their proposal prior to the closing time and date.

Late Proposals will not be accepted. The City is not responsible for any delays caused by computer/email issues of any sort.

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

3. PROPOSAL MODIFICATIONS

3.1. Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst via email in conformance with City Rule 137-047-0440(1), and no less than ten (10) calendar days PRIOR to the solicitation closing, and submitted separately from the solicitation response. Contents of questions, clarifications, modifications, or substitutions should include a reference to the page or item being addressed, the reason and any proposed alterations. Questions, clarifications, modifications, or substitutions included with the response to the solicitation may cause it to be considered non-responsive.

3.2. 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. Proposers shall submit to the City their intent to offer an approved equal no later than ten (10) calendar days prior to the proposal closing. Include detailed specifications, cut-sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

3.3. Approval of alternate materials and equipment shall rest solely with the City and all Proposers shall be notified of such approval by addenda prior to closing.

3.4. Any written addendum issued which includes changes, corrections, additions, interpretations, or information and issued more than seventy-two (72) hours before the scheduled closing time for filing proposals, shall be binding upon the Proposer.

3.5. Proposals may be modified by written notification on company letterhead signed by an authorized person, stating that the new document supersedes or modifies the prior proposal.

3.6. Proposals may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for closing or as otherwise authorized by City public contracting Rule 137-047-0440.

mailto:ndietz@eugene-or.gov

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4. CONSIDERATION OF PROPOSALS

It is the intent of the City to award a contract to the Proposer whose proposal will best serve the interest of the City based on evaluation factors contained in Section V of this IRFP, provided the proposal has been submitted in accordance with the requirements of these IRFP documents and does not exceed City funds available.

5. PUBLIC RECORDS

5.1. This IRFP and one copy of each original Proposal 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 Proposal 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.”

5.2. The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance” ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

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

6. ADDENDA AND INTERPRETATIONS

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

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

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

7. NONDISCRIMINATION

Submittal of a proposal in response to this IRFP evidences Proposer’s agreement that, in performing the work called for by this IRFP and in securing and supplying materials, Proposer 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-owned, woman-owned, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned, controlled by, or that employs a disabled veteran as defined in ORS 408.225.

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8. PROTEST OF AWARD

Protests and remedies under this IRFP are exclusively governed by ORS 279B.415.

9. RESERVED RIGHTS

The City reserves the right:

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

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

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

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

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

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

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

H. To extend the deadline for submitting Proposals.

I. To negotiate additions or deletions to offered goods and contract price.

J. To seek other Proposals, if deemed in the public interest.

10. CONTRACT AWARD

Submittal of a Proposal evidences Proposer’s intent to execute and be bound by the terms of the attached Contract. The City may enter into Contract negotiations regarding any open terms with the highest ranked Proposer. During negotiations, the City may require any additional information it deems necessary to clarify the approach and understanding of the requested goods or services. Any changes agreed upon during contract negotiations will become part of the final Contract. The negotiations will identify a level of work and associated fees and costs that best represent the goods and services required.

11. ANNOUNCED AWARDEE

It is anticipated that a tentative Contract awardee will be announced in writing to each proposer within [30] days from the date of opening. The announcement is for procedural purposes only and does not create any contractual rights in the tentative Contract award. The City will not be bound to the tentative Contract awardee until a Contract has been executed by the City.

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

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

2. IDLING REDUCTION

In the interest of reducing air and noise pollution and promoting energy conservation, all gasoline and diesel-powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination, and must not cause or allow an engine to idle at any location for more than 20 seconds. This idling policy applies except in the following situations:

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

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

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

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

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3. ENVIRONMENTALLY PREFERRED PRODUCTS

3.1. 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.

3.2. The awarded Proposer 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:

o Energy Efficient o Reusable or upgradeable o Recyclable o Contain post-consumer recycled materials o Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or o Are certified by an independent accredited third-party program such as EcoLogo or ENERGY STAR.

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

4. SOCIAL EQUITY

Economic prosperity through diversity and collaboration is fundamental to the Equity in Contracting program. Part of Eugene’s City Council Vision states that we will “Encourage a strong, sustainable and vibrant economy, fully utilizing our educational and cultural assets, so that every person has an opportunity to achieve financial security.” The program aims to reduce barriers for local, small, minority and women-owned businesses to leverage all that our community has to offer, strengthening the business community as a whole.

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/VendorSearchPublic.asp 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.

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

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IV. ANTICIPATED SOLICITATION SCHEDULE

The following is the anticipated schedule for submission and review of Proposals 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 solicitation.

ACTIVITY DATE

Solicitation issued………………………………………………………..……October 3, 2022

Deadline for requests for changes …………………………………………October 18, 2022

Deadline for issuing addenda to IRFP ………………………………..……October 24, 2022

IRFP Closing ……………………………………………..……October 28, 2022 at 4:00 PM

Notice of Intent to Award………………………………………………..by November 30, 2022

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

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V. REQUIREMENTS / SPECIFICATIONS

A. Purpose of IRFP

The purpose of this Informal Request for Proposals (IRFP) is to select a Concessionaire to operate and maintain a Disc Golf Course and Concession within Alton Baker Park, which is under the jurisdiction of the City of Eugene.

The City is seeking, through this IRFP, private sector funding to accomplish the contemplated project and concession operation. All prospective Proposers are advised that the City does not intend to contribute any of its funds for the project and Proposers should assume one hundred percent non-City funding. The City will only consider Proposals for all the work as specified in this IRFP. If a Proposer’s Proposal indicates that they will only perform a portion of the work the Proposal shall not be considered for Award. Proposers may form relationships with other firms to ensure that they are able to perform the entirety of the work as specified, however the Proposal should be submitted by only one firm with subcontractor relationships established and identified in their Proposal.

B. Park and Disc Golf Course Location And Background

Alton Baker Park is Eugene’s largest riverfront park, comprising 402 acres along the north bank of the Willamette River. Throughout the year, Alton Baker Park hosts festivals, running and walking events, and other community events. Park features include: the 230-acre Whilamut Natural Area, the Cuthbert Amphitheater, Pre’s Trail, the Science Factory, an off-leash dog park, BMX facilities, community gardens, native plant nursery, canoe canal, a boat launch, and group picnic shelters.

The park is adjacent to the University of Oregon’s athletic facilities including Autzen Stadium (football), and PK Park (baseball) and the University of Oregon campus on the south side of the river.

The disc golf course location includes approximately 13.5 acres (Zone 1 on the attached map) up to 17.5 acres (Zones 1, 2, 3 on the attached map) located in west Alton Baker Park bordered by Pre’s Trail to the north and northwest, the parking lots and the bike/pedestrian path to the west and south, and the Parks Maintenance yard, native plant nursery and community garden to the southeast. The disc golf area is bisected by Day Island Road and the boat launch access road.

The City has experienced levels of vandalism and theft in this park and all Proposers are advised of this possibility regarding Proposer’s private property to be used in conjunction with the performance of this work. City shall not be liable for any vandalism or theft of the Concessionaire’s personal property.

C. Disc Golf Facility Development Site

The City is interested in sustaining its disc golf opportunities within its current park inventory. After analysis, public input and community meetings a footprint of approximately 13.5-17.5 acres within West Alton Baker Park has been approved for a disc golf course and associated Concessionaire-provided “pro shop” concession from which sales of merchandise, food and beverages, instruction, tournaments and other special events may take place. No permanent structure is currently present.

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This IRFP addresses the goal to provide a disc golf course and concession for the enjoyment of individuals of all ages and levels of proficiency. The City shall provide the park site (see attached map) and the following equipment as part of the resultant concession agreement:

1. Nineteen (19) (slightly used) “Chainstar” disc golf targets with locking collar and number plates (1-18)

2. Nineteen (19) new or used Ground Sleeves

3. At least Nineteen (19) used 12 ft. x 5 ft. (cut) artificial turf sections for possible use as tee pad surfaces.

4. Nineteen (19) basket padlocks

5. 50-amp electrical hookup at the concession area

The above-mentioned items are and will remain the sole property of the City of Eugene.

In order to allow prospective Proposers the flexibility to offer the most economically viable, and a broad program of disc golf learning experiences, the City is inviting interested parties to offer a program of service and provision of improvements that is intended to maximize the use of the approved disc golf area footprint, as well as provides for innovation in design to the various levels of disc golfers while being compatible with the many other park activities. The City’s review and evaluation of each Proposal shall consider said design and service delivery methodologies as a critical component for rating submitted Proposals.

Proposers are encouraged to apply their related expertise and business capability in order to maximize the developable use areas of the Park site, and the configuration as the Proposer may deem to be the most feasible, and potentially successful.

D. Scope of Services under the Concession Agreement

Under the terms and conditions of the Concession Agreement, the awarded Proposer (“Concessionaire”) shall, at its sole cost and expense, be responsible for the provision of improvements, structures, equipment, and providing all personal property that is necessary to install and operate the disc golf course and concession. In addition, the Concessionaire shall provide the concession management and operations, including: enforcing all park rules, maintenance of the disc golf course; scheduling the use of the disc golf course; providing disc golf lessons; sales of related merchandise; pre-packaged or prepared food service, maintenance to all buildings, structures, disc golf course improvements, payment of applicable taxes and monthly payments to the City. The City will require a monthly payment from the Concessionaire in exchange for use of the space and equipment.

The Concessionaire shall operate and keep the course open to the public on a daily basis without discrimination.

D1. Required Improvements by Concessionaire

The disc golf course shall have no less than the following elements, to be provided by the Concessionaire:

1. 13 or more disc golf holes with a minimum of four different ground sleeve locations per hole.

2. Each hole will have a tee sign which indicates the hole number, the length and par for each target placement and an indicator of which target placement is in use. A

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3. Tee pads built with crushed rock base for drainage. Artificial turf, rubber mat or outdoor carpet finished surface.

4. Directional signage necessary for first time players to easily navigate the entire course.

5. Course rules signage.

6. “Caution” signage when necessary to alert other park users of flying disc danger

7. Adequate number of garbage receptacles.

8. 1-2 portable toilets available to disc golf users, maintained as necessary by

Concessionaire to ensure the health and safety of the public and Concessionaire’s employees.

All disc golf and concession elements, signage, advertising, and locations of such must be approved by the City prior to installation.

D2. Required Maintenance of Disc Golf Footprint and Parking Areas

1. All mowing

2. Daily litter pick up

3. Weekly disc golf target rotation

4. Emptying garbage receptacles to provided dumpsters.

5. Requesting “Locates” as required by law prior to digging.

6. Repair of all course hardware (including, but not limited to: baskets, signs, benches, and tables)

7. Appropriate measures to mitigate excessive wear/erosion/damage to grounds, trees and shrubs.

D3. Pesticide Applications The Concessionaire shall not apply pesticides to any area of the disc golf course or park.

Concessionaire shall report any pest problems will be reported to the City for resolution.

D4. Suggested Maintenance

• Removal of invasive plants on course (e.g. ivy and blackberries. See http://www.eugene-or.gov/index.aspx?NID=648 for information on invasive species and acceptable native alternatives).

• Addition of native plant beds near tee pads and pathways.

http://www.eugene-or.gov/index.aspx?NID=648 http://www.eugene-or.gov/index.aspx?NID=648

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D5. Concession Structure or Trailer

The Concessionaire shall provide a trailer or movable structure to house a “pro shop” operation from which the sales of merchandise, food and beverages, instruction, tournaments, special events and daily disc golf operations may take place.

Concessionaire shall provide a gravel parking pad for trailer or movable structure if it will not be located on a paved surface.

Concession area shall include:

1. Minimum of one practice putting hole;

2. Bench or other seating;

3. Picnic table(s);

4. Concessionaire to provide a gravel parking pad for trailer or movable structure if it will not be located on a paved surface.

E. Term of the Concession Agreement

The concession term offered is two (2) years, with the option to extend for additional terms thereafter for a total potential contract length of ten (10) years. The City shall conduct an annual review to assess Concessionaire’s performance and conformance to the Contract requirements.

Upon termination of the Contract all course hardware (targets, signs, tee pads) will remain both as part of the course and as City property. All Concessionaire-provided concession structures, benches and tables provided by the Concessionaire must be removed by the Concessionaire.

F. Payment to the City

The monthly payment by Concessionaire to the City will be payable by the 10th day of the following month. The Concessionaire’s payment due to the City shall be a minimum monthly amount and/or the prescribed sum of percentages of monthly gross receipts. Monthly payment by the Concessionaire to the City shall be, at a minimum, $400.

The proposed fee structure submitted by the Proposer (see Section X Financial Offer to the City) shall be the basis for the commencement of negotiations on payment to the City for use of the premises and equipment

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G. Qualifications

The qualifications for consideration in the Award of the concession agreement for this project are as follows:

1. Proposers must have experience within the last ten (10) years in either one of the following areas of expertise:

a. the design and construction of disc golf courses; or

b. the conduct of disc golf tournaments; or

c. the management, operation and maintenance of a disc golf course; or

d. employment in a recreation-oriented business or agency

2. Proposers must confirm available funds to provide for: the required improvements for the disc golf course and provision of the contemplated concession facilities; the concession services and operations; the equipment to maintain the facilities as specified and required in the Sample Concession Agreement.

3. Proposers must have the ability to forge and maintain professional relationships, as well as accurately and responsibly represent the City and its interests.

4. Proposers must demonstrate ability to implement a management philosophy that aligns with the City of Eugene’s organizational values and regulatory framework

H. Attachments

Attached to this IRFP are two maps for informational purposes. Attachment A is the Zone Map that details the approved areas for the proposed disc golf course. These are the only areas allotted to the purpose of constructing a disc golf course (subject to the limitations stated on Attachment A) and Proposers should use this map to assist in creating their design. Attachment B is the Master Plan for Alton Baker Park.

I. Concessionaire’s Efforts Toward Sustainability.

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. The City is interested in any areas that are relevant to Proposers’ operations and services. Proposers may include existing reports or other company materials which demonstrate sustainability efforts.

Suggested categories include:

• Energy efficiencies and other green building practices

• Green office practices

• Community engagement and support for underserved populations

• Sustainable material sourcing

• Waste reduction and prevention (including waste management plans and reduce, reuse, and recycle tactics)

• Water conservation measures

• Alternative transportation practices

• Provision of Life Cycle Analysis or total cost of ownership

• Reporting on and communication about sustainability performance

• Mission-related sustainability practices/ Sustainable business policy

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For more information regarding sustainability in procurement, please refer to the City’s Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch

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VI. PROPOSAL SUBMITTAL REQUIREMENTS

Proposals must be submitted in accordance with the submission requirements listed in Section II, Instructions to Proposers. Your Proposal must contain all of the information requested in the submittal category below. A completeness check will be conducted for each Proposal. An incomplete submittal will cause the Proposal to be deemed “Non-Responsive” and not eligible to continue further in the IRFP process A complete submittal will make the Proposal a “Responsive Proposal” to be further evaluated for possible inclusion on the Short List as described below.

Submittals

1. Standard Proposal Form: Proposals shall be submitted with the Standard Proposal Form provided in Section VIII. The Proposer shall make no alterations or additional stipulations on the Standard Proposal Form. Alteration of any part of the Standard Proposal Form content may cause the proposal to be considered non-Responsive. All blanks on the Standard Proposal Form shall be filled in. Mistakes should be crossed out and corrections typed or written and initialed by the party signing the Proposal. No erasures are permitted. The omission of any required information or forms may invalidate a Proposal.

2. Questionnaire. Respond to all questions and requests listed in the Questionnaire provided as Section IX of the IRFP. Precede each response with a copy of the IRFP question/request.

3. Financial Offer to the City of Eugene: Complete and submit the Financial Offer to the City of Eugene form (Section X, attached)

Evaluation Criteria

Evaluation of the written response portion to the IRFP will be based on a point system. The written responses may be used to determine the Short List of Proposers for further evaluation. The possible point values are listed by each evaluation category. Items will be scored up to the maximum point value indicated in parentheses. An evaluation committee will review the responses and score points for each category. Please see the following SECTION VI.

PROPOSAL EVALUATION PROCEDURES for a summary of the complete evaluation process.

1. Site Plan and Course Design 5 points

2. Operations and Service Program 20 points

3. Financial Strength 20 points

4. Related Course Configuration, Installation, Management and Operations Experience 10 points

5. Project Concept and Installation Program 5 points

6. Stakeholder Education / Cooperation Plan 10 points

7. Maintenance Plan 10 points

8. Financial Offer to the City 10 points

9. Proposer’s Efforts Toward Sustainability 10 points

Written Proposal Total Possible Points: 100 points

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The Purchasing Agent responsible for the solicitation may contact Proposers for clarification of proposals; however, no additions, deletions, or substitutions may be made to Proposals that cannot be termed as clarifications. Proposer’s responses to questions should restate the question and provide the clarification requested.

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VII. PROPOSAL EVALUATION PROCEDURES

DETERMINING RESPONSIVENESS OF WRITTEN PROPOSALS

Each Proposal submitted in response to this IRFP that conforms in all material respects with the requirements set forth in the Solicitation Documents and all requirements of the Oregon Public Contracting Code and City of Eugene Public Contracting Regulations shall be deemed a “Responsive Proposal”. The City will notify any Proposers who submitted a Non-Responsive Proposal to inform them that it did not meet the requirements and will therefore not be considered for Contract Award.

A. EVALUATION OF WRITTEN PROPOSALS:

The City will evaluate each Responsive Proposal in accordance with Rule 137-048-0220(4)(b) and the criteria described in Section VI of this IRFP on a point system.

A ‘Responsive Proposal’ means a Proposal that conforms in all material respects with the requirements set forth in the Solicitation Documents and all requirements of the Oregon Public Contracting Code and City of Eugene Public Contracting Rules. Proposers of Non-responsive Proposals will be notified that they did not meet the requirements and will be disqualified for further consideration.

B. USE OF SHORT LIST / NEGOTIATION:

At the conclusion of the rated criteria evaluation process of the written Proposals and prior to selection, the City may continue the evaluation process with Responsive Proposers who have the highest criteria ratings (the Short List). The City may expand or decrease the Short List if, in the opinion of the Purchasing Manager, the number of Proposals or the quality of the proposals warrants an increase or decrease in the number of Responsive Proposers on the Short List. The City may decide to forego evaluation of a Short List and award the contract to the highest rated Proposer from evaluation of written Proposals, subject to satisfactory agreement as to preliminary design, budget, and remaining unresolved Contract issues.

Evaluation of Short List. Evaluation of the Short List will be based on criteria developed by the evaluation committee prior to the commencement of Short List evaluation. These criteria and procedures for evaluation will be issued out as an addendum to the Proposers on the Short List.

Criteria used as evaluation methods may include interviews, modified design plans, work samples, demonstrations, inspections, site visits, or other testing or examinations.

DISCUSSIONS & NEGOTIATIONS:

Pursuant to 137-048-0220(4)(c), the City may commence discussions and negotiations with the highest ranked Proposer after evaluating all Responsive Proposals in accordance with the evaluation criteria set forth in the IRFP.

Negotiation with Highest Ranked Proposal. The City’s evaluation team shall not exhibit favoritism and will evaluate and rank the Short List Proposals using the methods described above.

The City will begin negotiations with the highest ranked Proposer in accordance with City Rule 137-047-0270(3). The City may only negotiate an alternative term or condition submitted by a Short List Proposer if the alternative term or condition is reasonably related to the following terms or conditions:

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1. Specifications, however, the City may not negotiate specifications less than those stated as the minimum acceptable in this IRFP or an addenda issued prior to the solicitation closing date;

2. Price;

3. The manner in which the services are to be performed or the quality or type of materials to be supplied;

4. Contract terms and provisions that the City would like to change.

C. ACTION UPON FAILURE TO EXECUTE CONTRACT.

In the event that a Contract cannot be negotiated with the highest ranked Proposer, regardless of whether the City evaluates a Short List or selects the highest ranked Proposer based on written proposal evaluations, negotiations will be discontinued, and the City will start contract negotiations with the next highest ranked Proposer. Nothing in this IRFP shall restrict or prohibit the City from canceling the solicitation at any time.

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VIII. STANDARD PROPOSAL FORM

CITY OF EUGENE Solicitation Number IRFP 2023200001

Due Date and Time: Friday, October 28, 2022 at 4:00

PM I, the undersigned, and authorized representative of (Company Name) certify the following:

Acknowledgement of terms, conditions and specifications

1. I have read, understand and agree to be bound by the terms, conditions, and contract provisions included in the solicitation documents as well as all addenda issued for this solicitation. I agree to fulfill the requirements to furnish all material, labor, or to perform all work as herein indicated in strict accordance with the solicitation documents as well as all addenda issued for this solicitation. I have fully availed myself to the location or conditions under which the work is to be performed.

2. The Proposer has carefully checked the figures entered in the Form, has carefully reviewed for accuracy all statements in this proposal and attachments, and agrees that the City will not be responsible for any errors or omissions of the proposer in preparing this proposal. The proposer agrees that this proposal may not be revoked or withdrawn for sixty (60) calendars days after the date on which proposals are received.

3. Contract Execution; Insurance Documentation. The Proposer agrees that if this proposal is accepted it will, within ten (10) calendar days after having received the Notice of Award, execute and return to the City the Contract in the form included in the Contract Documents and will, at or before that time, deliver the insurance documentation as required.

4. Addenda. The proposer 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 proposal. (Proposer:

insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws

Proposer hereby agrees to comply with all applicable Oregon public contracting code provisions, as more specifically described in the attached contract and associated Exhibit A. Proposer 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

Proposer 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 Proposer’s minority business certification or other Proposer qualifications.

Cooperative Purchasing

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

Certification of Nondiscrimination

Proposer 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 Proposer certifies that the offer has been arrived at by the Proposer, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, Proposer, or vendor on materials, supplies, equipment or services, described in the solicitation documents, designed to limit independent offers or competition. The contents of the Proposal herein presented and made have not been communicated by the Proposer or their employees or agents to any person not an employee or agent of the Proposer or its surety on any bond furnished with the solicitation, and will not be communicated to any such person prior the closing time of the solicitation.

We therefore offer the following equipment/service at the prices indicated hereon in fulfillment of the requirements and specifications contained within the solicitation documents and all addenda.

Proposal Submitted By:

Name: ________________________________ Title:__________________________________

Signature: Date:

Company Name:_____________________________________

Address:________________________________________________

Phone: _______________________________ Email:______________________________

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

Name:_________________________________ Title: ____________________________

Phone: Email :

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IX. QUESTIONNAIRE

A Microsoft Word version of this Questionnaire is available on request by contacting the Purchasing office.

1. Site Plan and Course Design Map

Attach to your response your proposed map. Proposed map shall include hole number, approximate length, path from hole to next tee, location of benches, garbage cans, location of portable restroom(s), detail and location of concession area, practice area(s), path enhancements (between holes), potential problem areas and other pertinent design features. Photos of proposed signage, benches and concession structure or trailer are also required to be attached. The actual layout and structures will be finalized upon award of the Concession Agreement.

2. Operations and Service Program

A. Provide a narrative description of all services, programs and activities proposed and how these services, programs and activities shall meet the performance requirements described in this IRFP. Address each of the following in your response to this question.

a. Disc Golf activities and fees;

b. Concession products/services;

c. Player/park user safety measures;

d. Hours of daily operation;

e. Staffing; including qualifications and skills

f. Sample calendar of events;

B. List and provide the cost for all equipment and inventory you will furnish in the performance of this work.

3. Offeror’s Financial Strength

A. What is your available capital for this project?

B. Describe your funding sources.

C. What is the estimated time that you will need to raise funds?

D. Amount of capital you will need to fund the construction and operations?

E. Provide the following information regarding your expected capital costs:

Benches, Picnic Tables $

Disc Golf Target Ground Sleeves $

Tee Signs $

Tee Pads $

Other Signage $

Concession Structure $

Equipment $

Garbage/Recycle Cans $

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Other $

Maintenance Equipment $

Total Estimate $

F. Provide a pro forma to include the following:

a. A list of all revenue producing operations indicating for each the anticipated annual gross receipts.

b. Concession pricing for all products and services.

c. A complete breakdown of anticipated operating expenses.

d. A project amortization schedule for sums to be borrowed.

G. Provide revenue projections in the following format:

MONTH Attendance Revenue

Tournaments Revenue

Lessons Revenue

Concessions Revenue TOTAL

JAN

FEB

MAR

APR

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

TOTALS

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4. Related Course Configuration, Installation, Management and Operations Experience A. Provide a narrative of your experience with similar projects to the one described in this IRFP. Include information regarding your experience and competence with installation of a disc golf course, grounds and equipment maintenance, and related ancillary services.

B. Submit at least two (2) and no more than four (4) references to document your experience with projects similar in nature and scope.

5. Project Concept and Construction Program

A. Provide a narrative description including materials and methods of construction, estimated construction budget that lists costs for all improvements to be constructed, timelines, cost of concession structure.

B. If the construction contemplated is to be undertaken in phases, identify these phases and the construction timelines involved.

C. Dates for commencement and completion for construction.

D. The Construction Program may be accompanied by schematic depiction for the areas of construction. Any schematic plans shall include a site layout showing scope of the proposed improvements. Where appropriate, additional graphic materials shall be submitted in order to provide additional information or to display the offeror’s construction program with greater clarity. Any site plans shall be submitted on sheets no larger than 24” x 36”.

6. Stakeholder Education / Cooperation Plan A. Describe how will you communicate and coordinate with: the Cuthbert

Amphitheater Concessionaire, the Oregon Track Club, other special events in the park, general park users, the City, including the Contract Manager and Parks Rental Staff.

B. Describe your stakeholder education / cooperation plan for this project.

C. Describe how you will educate the public of any changes in policies and procedure at the disc golf course.

7. Maintenance Plan

Please describe your maintenance plan for maintaining the disc golf course and concession area. Include daily, weekly, monthly, seasonal, annual and other maintenance activities, including the equipment that you will use.

8. Financial Offer to the City

Complete and sign the form from Section X.

9. Concessionaire’s Efforts Towards Sustainability

Describe your sustainability program for implementation and maintenance of this project. This can include energy efficiencies, green practices, sustainable materials, support for underserved populations, etc. See the following website for more information on sustainable procurement: www.eugene-or.gov/sustainpurch.

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X. FINANCIAL OFFER TO THE CITY

If awarded this Concession Agreement, I propose to pay the City the following (Proposers may elect to provide a monthly minimum payment, or a percentage of gross revenues, or a combination of both options. Total payment to the City must be no less than $400 per month):

Minimum Monthly Payment $____________________________

AND / OR

__________% Percentage of gross revenues - “gross revenues” will include, for each calendar month, all cash and cash-equivalent revenues received by Concessionaire during that month for all disc golf fees, food, beverages, classes and lessons, equipment sales and other Concession items sold at the Disc Golf Course by Concessionaire or its permitted assignees, subcontractors, vendors or consignors. NOTE: If only a percentage is offered, the minimum monthly payment to the City is required to be no less than $400 or the actual percentage, whichever is greater.

1ST Year ______________________________________________

2ND Year ______________________________________________

3RD Year ______________________________________________

Name: Title:

Signature: Date:

Company Name:

Contract XXXX-XXXXX

XII. SAMPLE CONCESSION SERVICES CONTRACT

SAMPLE AGREEMENT FOR A

DISC GOLF CONCESSION AT ALTON BAKER PARK

Contract Number: 20XX-______________

This Concession Agreement, made and entered into this _________ day of ________________, 20XX by and between the City of Eugene, an Oregon Municipal Corporation, hereinafter referred to as “City”, and _____________________, a hereinafter referred to as “Concessionaire”, W I T N E S S E T H:

WHEREAS, City owns and operates Alton Baker Park with the City of…