20242024_A1_Property Restoration and Securing Services.pdf

Request for Proposals

Property Restoration and Securing Services

Solicitation No. RFP 20242024

Due Date and Time:

Tuesday, November 14, 2023, at 2:30 PM

CITY OF EUGENE

Central Services Finance Division/Purchasing

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

The Purchasing Office is currently closed to the public.

V. REQUEST FOR PROPOSALS

REQUEST FOR PROPOSALS

Solicitation No. RFP 20242024

Notice to Proposers Pursuant to ORS 279B.060 and City of Eugene Administrative Order 44-23-01-F, Public Contracting Rule (City Rule) 137-047-0260, sealed proposals for Property Restoration and Securing Services for the City of Eugene will be accepted by the Purchasing Office until Tuesday, November 14, 2023, at 2:30PM. Proposals will be opened immediately thereafter on a Microsoft Teams Meeting and a record of proposals received will be made. Proposals will not be accepted after the Request for Proposals (RFP) closing time and date. Proposals shall be valid for 60 days after opening unless otherwise specified in the specifications. This Request for Proposals does not commit the City to pay any costs incurred by any proposer in the submission of a proposal.

Project Description In general, work includes, but is not limited to, providing 24/7 on-call property restoration and securing services on behalf of Eugene Springfield Fire, the City of Eugene, and the affected property owner when properties within our jurisdiction have been damaged by fire or other incidents, necessitating immediate securing for the safety and well-being of property, occupants, and owners.

The purpose of this RFP Is to establish a preferred list of contractors, that can provide on-call property restoration and securing services, to be utilized in a rotational basis for the work outlined in the scope of services. Contractors selected to participate in an agreement through this RFP will not be guaranteed work and will not be provided a public contract for work performed on private property. Compensation for work performed on private property will be addressed by the property owner and the contractor. A contract will be issued for work to be performed on City owned property.

Solicitation Documents Solicitation documents may be examined electronically by logging in to OregonBuys. To view City of Eugene solicitations:

• Scroll to Supplier Activities

• Click the Open Bids icon

• Click the Advanced Search button

• Click Select Organization

• Select City of Eugene

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

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

Proposers should submit their proposals through OregonBuys before the due date and time specified. Proposers who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046. Contact the Purchasing Analyst below if a proposal cannot be submitted via OregonBuys.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2MzYjJkYjktNzg5MS00Y2ZkLTk1OTktZWNiN2I0Y2U5MzA5%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22201568ab-e8e0-498f-ac1b-b397783a096c%22%7d https://oregonbuys.gov/bso/ https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov

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 17, 2023

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

II. INSTRUCTIONS TO PROPOSERS

1.0 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 nor qualify the proposal in any other manner. Alteration of any part of the Standard Proposal Form content may cause the proposal to be considered non-responsive.

1.2. All blanks on the Standard Proposal Form shall be filled in electronically, by typewriter or manually, in ink. Mistakes should be crossed out and corrections typed or written in ink and initialed by the party signing the proposal. No erasures are permitted. The omission of any required information or forms may invalidate a proposal.

1.3. Complete sets of RFP documents shall be used in preparing proposals.

2.0 SUBMISSION

2.1 Proposers should submit their proposals through OregonBuys before the due date and time specified. Proposers who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046 or contact the Purchasing Analyst prior to closing.

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/software issues.

2.3 Oral, telephonic, telegraphic, or faxed proposals are invalid and will not be considered. Emailed proposals may be considered if pre-approved by the Purchasing Analyst.

3.0 SOLICITATION CLARIFICATION & CHANGE REQUESTS

Prior to the deadline for submitting a protest, a prospective proposer may request that the City clarify any provision of the solicitation document. The City’s clarification to a proposer, whether orally or in writing, does not change the solicitation document and is not binding on the City unless the City amends the solicitation document by addendum.

3.1 Any requests for clarification regarding any provision of the RFP shall be delivered to the City’s Purchasing Analyst by email, in conformance with City Rule 137-047- 0440(1).

3.2 Any requests for change of the requirements, specifications or sample contract shall be delivered to the City’s Purchasing Analyst by email, not later than eight days prior to the RFP closing date and time.

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

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

3.4.1 The solicitation number and title

3.4.2 A reference to the page and item being addressed

3.4.3 The reason and any proposed alterations

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

3.5 Proposals containing questions, clarifications, modifications, or substitutions included with the response and not submitted according to these instructions may be considered non-responsive.

4.0 SOLICITATION PROTESTS

A prospective proposer may protest the procurement process or the solicitation document for a contract solicited under 137-047-0730. Pursuant to 137-047-0730, before seeking judicial review, a prospective proposer must file a written protest with the City and exhaust all administrative remedies. Protests must be submitted in writing to the City’s Purchasing Manager no less than seven days prior to solicitation closing. The protest must be emailed to Eugene.Purchasing@ci.eugene.or.us, clearly identified as a protest and identifying the solicitation being protested. Faxed protests shall not be accepted.

The Purchasing Manager shall consider the protest if it is timely filed in accordance with City Rule 137-047-0730 and contains the following information: 1) sufficient information to identify the solicitation that is the subject of the protest; 2) the grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name; 3) evidence or supporting documentation that supports the grounds on which the protest is based; and 4) the relief sought; 5) a statement of the desired changes to the procurement process or the solicitation document that the prospective offeror believes will remedy the conditions upon which the prospective offeror based its protest. The Purchasing Manager shall issue a decision on the protest no fewer than three (3) business days before the solicitation closing, unless a written determination is made by the Purchasing Manager that the public interest requires a shorter time limit.

5.0 OR EQUAL

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 Purchasing Analyst their intent to offer an approved equal no later than ten (10) 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.

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 the Request for Proposal closing.

6.0 ADDENDA AND INTERPRETATIONS

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

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

7.0 NONDISCRIMINATION

Submittal of a proposal in response to this RFP evidences proposer’s agreement that, in performing the work called for by this RFP 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, sexual orientation, source of income, age, marital status, physical or mental handicap, national origin or ancestry unless the reasonable demands of employment are such that they cannot be met by a person with a particular physical or mental handicap; and 2) a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned or controlled by, or that employs a disable veteran as defined in ORS 408.225.

8.0 PREPARATION OF PROPOSALS

Proposers are expected to examine the specifications, schedules, and all instructions. The City is not liable for costs associated with preparation of proposals in response to this RFP.

9.0 EMPLOYEES NOT TO BENEFIT

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

10.0 CITY FURNISHED PROPERTY

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

RFP.

11.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING STATEMENT

The City grants to any Oregon public governmental agencies authorization to establish contracts or price agreements under the terms, conditions, and prices of any contract between the awardee and the City resulting from this RFP.

12.0 PERFORMANCE BOND

Not Required.

13.0 PROPOSAL BOND

Not Required.

14.0 RESERVED RIGHTS

The City reserves the right:

14.1 To reject any proposal not in compliance with all prescribed public bidding procedures and requirements.

14.2 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.

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

14.4 To waive any or all informalities in the proposals submitted.

14.5 To consider the competency and responsibility of proposers in making any awards.

14.6 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.

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

14.8 To extend the deadline for submitting proposals, in according with City Rule 137- 048-0250.

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

15.0 CONSIDERATION OF PROPOSALS

15.1 Proposals will be opened publicly by the City of Eugene Purchasing Office on a

Microsoft Teams Meeting at the due date and time indicated in the RFP or any extension thereof made by addendum. Proposers and other interested parties are invited to attend the opening; however, the identity of the successful proposer will not be determined at the opening time. CLICK HERE FOR LINK.

15.2 The City intends to award a contract to the responsible proposer submitting the most advantageous proposal, based on evaluation factors contained in the proposal, provided the proposal has been submitted in accordance with the requirements of the RFP documents, and does not exceed the funds available.

15.3 The City shall provide written notice by email of the City’s intent to award the contract. Award shall not be final until the later of the following:

15.3.1 Seven (7) calendar days after the date of the Notice of Intent to Award; or

15.3.2 City provides a written response to all timely filed protest, if any, that denies the protest and affirms the award.

15.3.3 Proposers may protest the intended contract award in accordance with City

Rule 137-047-0740.

16.0 CONTRACT AWARD

Submittal of a proposal evidences proposer’s intent to execute and be bound by the terms of the attached contract. The City will enter into contract negotiations as permitted by City Rules 137-047-0262 regarding any open terms. During negotiations, the City may require any additional information it deems necessary to clarify proposer’s approach and City’s 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.

17.0 PUBLIC RECORDS

17.1 This RFP and one (1) 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.”

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.

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

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 awarded Proposer will be expected to support the City’s goals by implementing the following strategies where applicable.

1.0 WASTE REDUCTION

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

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

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

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

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

1.1.5 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.

2.0 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

3.0 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:

• Energy Efficient

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

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

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

3.3 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.

4.0 SOCIAL EQUITY

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

The City supports the utilization of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Oregon Forward Contractors (OFC) at both a prime and subcontracting and/or supply chain level. The City encourages eligible suppliers to gain certification and encourages the awarded proposer to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses in the fulfillment of the scope of work:

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

https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=23 15&TN=oregon4biz to find certified businesses from whom to procure products or services.

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

https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz http://ofp.dasapp.oregon.gov/

IV. ANTICIPATED PROPOSAL 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 Proposal submittal deadline will be done by an addendum to the RFP.

ACTIVITY DATE

Request for Proposals issued ................................................................ October 17, 2023

Last date to request solicitation clarification……………....November 6, 2023, by 4:00 PM

Last date to protest solicitation………………………...……November 7, 2023, by 4:00 PM

Proposals due no later than………………….…………November 14, 2023, at 2:30 PM

Notice of Intent to Award…………………………………..no later than December 14, 2023

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.

V. REQUIREMENTS / SPECIFICATIONS

Introduction

Pursuant to Section 104.11 (Fire Investigations) and Section 104.12 (Authority at Fires and Other Emergencies) of the 2022 Oregon Fire Code as Amended by the Cities of Eugene and Springfield, the City is seeking proposals from qualified and experienced property restoration and construction companies interested in being added to a rotating, 24/7 on-call list of service providers. This list will be utilized when properties within our jurisdiction have been damaged by fire or other incidents, necessitating immediate securing for the safety and well-being of property, occupants, and owners. Our commitment to the safety and welfare of our community relies on the expertise of reliable service providers. When a need for services or a specific project arises, contractors will be selected using a rotation process. If circumstances dictate, the City has the sole discretion to contract with other, non-listed companies for provision of these services.

Project Overview

The Scope of Work described in this RFP is intended to broadly describe the tasks and deliverables for Proposers to meet the City’s expectations for a potential provider of said services and deliverables. The purpose is to develop an avenue to provide emergency board-up and site securement services to Eugene and Springfield property owners through the auspices of Eugene Springfield Fire. Eugene Springfield Fire frequently encounters situations where properties, whether residential or commercial, have sustained damage due to fires, accidents, natural disasters, or other emergencies. The primary objective is to ensure the safety and security of property, occupants, and owners by quickly securing these properties until comprehensive restoration can be performed. We are seeking qualified service providers to assist us in this endeavor by being included in a rotating list of contractors who can respond promptly and effectively.

Scope of Work

The selected suppliers will be responsible for providing property restoration and securing services and all required materials, including but not limited to the following:

• Emergency Board-Up: Secure and board up damaged windows, doors, and openings to prevent unauthorized access and protect against weather exposure.

• Temporary Structural Repairs: Perform temporary structural repairs and stabilization to ensure the safety of property occupants and prevent further damage.

• Security measures: Implement security measures such as temporary fencing, lighting, and alarm systems as needed.

• Debris Removal: Safely remove and dispose of debris, hazardous materials, and damaged structures in compliance with local regulations.

The City will not compensate contractor for work that does not occur on City owned property.

Contractor shall seek compensation from property owner or through the properties insurance policy. Materials paid for by property owner or the insurance policy will become property of the paying party.

Deliverables

The scope of deliverables will include, but is not limited to, the following:

Availability:

• Proposer maintains normal business hours plus ongoing and continuous 24/7 availability.

• Response time for this work will be two (2) hours: the start time for response begins from the first call to work at the requested site.

Capability:

• Providing and installing temporary fencing

• Boarding up windows

• Structural reinforcement

• Patching holes in walls, ceilings, roofs

• Emergency repair of broken water and septic pipes

• Emergency repair of residential/commercial electrical systems

• Bio-hazard clean-up

• Clearing of debris in roadway or adjacent properties

Rates schedule:

To be provided to Eugene-Springfield Fire:

• A flat charge for the service call

• A schedule of hourly rates for service from 7am-7pm and from 7pm-7am.

To property owners:

• The rate schedule outlined above.

• Materials and supplies charges (with attached receipts).

Customer Service:

• Contact and provide service follow-up with the property owner within 6 hours.

• Work with insurance companies directly or indirectly as directed by the property owner.

Minimum Requirements

The selected suppliers must meet the following requirements:

• At least 2 years in business

• Requires Oregon CCB license and Restoration Certifications (CCB license required for construction related repair projects only)

• Proof of employee background checks and bonding

Prohibited Acts:

The provider, its officers, employees, or agents are forbidden to:

• Disobey a command given by emergency personnel.

• Monitor police radio, fire radio, or scanners for profit or gain.

• Solicit information as to emergency locations by payment of any form of gratuity.

• Require additional restoration work on a property in connection with providing securing services for such property.

• Make any additional repairs or alterations to a property beyond securing property without first being authorized by the registered owner, an authorized insurance company, or other authorized agent of the foregoing. This shall not be construed to prohibit Contractor from making emergency alterations necessary to permit the securing of a property.

• Charge for service not performed or make duplicate charges for the same service.

• Be discourteous or use profane or abusive language offensive to citizens.

• Interfere with any other firm that is performing similar services.

• Perform work in a manner that may put workers in dangerous situations.

VI. PROPOSAL SUBMITTAL REQUIREMENTS

Required Submittals

• Standard Proposal Form

• Scored Proposal Questionnaire

• References Form

• Restoration Certifications – IICRC or equivalent (please include all certificates)

Evaluation Criteria Evaluation of the written response portion to the RFP will be based on a point system. The possible point values are listed by each evaluation category. An evaluation committee will review the responses and score points for each category. Please see the following SECTION VII. PROPOSAL EVALUATION PROCEDURES for a summary of the complete evaluation process.

Experience / Qualifications – 30 points

Company Overview – 20 points

Similar Projects – 25 points

Availability – 30 points

Rates – 25 points

Contractor’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.

1. Report on your performance in any areas that are relevant to your firm’s 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

2. Discuss how your firm’s efforts might be incorporated into or benefit the work performed or product supplied to the City. Provide details of efforts, practices, and/or processes that will be utilized.

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

Written Proposal Total Possible Points: 130 http://www.eugene-or.gov/sustainpurch

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.

Required Submittal Initials

Signed Standard Proposal Form

Completed Proposal Questionnaire

References Form

Restoration Certifications

VII. PROPOSAL EVALUATION PROCEDURES

A. DETERMINING RESPONSIVENESS OF WRITTEN PROPOSALS

Each proposal submitted in response to this RFP 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.

B. EVALUATION OF WRITTEN PROPOSALS

The City will evaluate each responsive proposal according to the criteria described in this RFP on a point system.

Evaluation of all written proposals may result in the establishment of a competitive range from which the final selection will be made. As provided for in 137-047-0261, the City may award to the highest ranked proposer at any tier.

C. COMPETITIVE RANGE, DISCUSSIONS, & NEGOTIATIONS

Pursuant to 137-047-0262, the City may establish a competitive range after evaluating all responsive proposals in accordance with the evaluation criteria set forth in the RFP. After evaluation of all proposals in accordance with the criteria set forth in the RFP, the City may determine and rank the proposers in the competitive range.

After determination of the competitive range the City may either: Provide written notice to all proposers of its intent to award the contract to the highest-ranked proposer in the competitive range; or engage in discussions with proposers in the competitive range and accept revised proposals from them and following such discussions and receipt and evaluation of revised proposals, conduct negotiations with the proposers in the competitive range.

Notice of Competitive Range. The City shall provide written notice to all proposers identifying proposers in the competitive range. The City provides an opportunity for proposers excluded from the competitive range to protest the City’s evaluation and determination of the competitive range in accordance with Rule 137-047-0720.

Competitive Range Discussions and Revised Proposals. The City may choose to enter into discussions with proposers in the competitive range as outlined in 137-047-0262(2).

D. SELECTION PROCESS AND NOTICE OF INTENT TO AWARD

Notice of the intent to award will only be given to the competitive range proposers. Final award will depend upon the execution of an acceptable contract and delivery of performance bond and evidence of insurance, if required, and may be withdrawn by the City at any time prior to execution of the contract by the City.

Proposers in the competitive range may protest the City’s intent to award in accordance with Rule 137-047-0740.

VIII. FORMS TO SUBMIT WITH PROPOSAL

STANDARD PROPOSAL FORM

Solicitation No. RFP 20242024

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

Acknowledgement of terms, conditions and specifications

1. The proposer represents that proposer is properly licensed and adequately experienced, equipped, organized, and financed to furnish and deliver the equipment specified and perform the services required.

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; Performance Bond. 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 performance bond and 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

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 proposal 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.

Completion/Delivery Date:

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

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

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

Name: Title:

Phone:

Email:

SCORED PROPOSAL QUESTIONNAIRE

Company Name:___________________________________________# years in business_____

CCB License #: _________________________________

1. Provide a detailed description of your experience and qualifications in property restoration and securing services. (30 points possible)

2. Provide an overview of your company’s resources, equipment, and staff available for emergency response. (20 points possible)

3. Provide a list of at least 3 similar projects completed. (25 points possible)

4. Describe your company’s availability to respond to emergency requests on short notice, including after-hours and weekends. Describe what the City can expect regarding your usual and anticipated responsiveness. (30 points possible)

5. Provide flat fee service call charges, hourly rates, include what scheduled hours are considered normal, and what hours will be billed as premium. (25 points possible)

REFERENCES

RFP 20242005 On-Call Repair and Maintenance Services

PROPOSER’S NAME: _____________

REFERENCE 1

COMPANY: CONTACT NAME:

ADDRESS: PHONE NUMBER:

CITY, STATE, ZIP: EMAIL:

GOODS OR SERVICES PROVIDED:

REFERENCE 2

ADDRESS: PHONE NUMBER:

REFERENCE 3

ADDRESS: PHONE NUMBER:

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IX. SAMPLE CONTRACT

CITY OF EUGENE TRADE SERVICES CONTRACT

Project

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

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

CONTRACT NO.: ______

EXPIRATION DATE: _______

RECITALS

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

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

C. The Contract described herein was awarded under the exemption or procedure authorized by City of Eugene Administrative Order 44-23-01-F, Public Contracting Rules 2022, 137-047-0260, RFP 20242024.

AGREEMENT

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

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

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

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

Exhibit B: Scope of Work Exhibit C: Compensation Schedule Add other Exhibits as necessary

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

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

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

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

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

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

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

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

2. Services.

2.1 Term. Contractor shall begin to provide the Services on _____ or if later, as soon as this Agreement has been executed by all parties (the "Commencement Date"). The term of the Contract shall be for one (1) year, unless earlier terminated in accordance with paragraph 14 (the “Term”). Contract may be renewed for two (2) additional one (1) year terms, for a total of three (3) years, upon mutual written agreement of the Parties.

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

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

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

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

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

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

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

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

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

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

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

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

8. Indemnification. Contractor shall indemnify and hold City, and its officers, agents, and employees, harmless from and against all claims, actions, liabilities, costs, including attorney fees and other costs of defense, arising out of the acts, errors, or omissions, whether alleged or actual, of Contractor, its subcontractors, agents, and employees in performing or

Rev. 04/2023 Contract Number: xxxx-xxxxx Page | 4 failing to perform the Services, failing to strictly comply with any provision of the Contract or any other actions or failures to act by Contractor and Contractor’s employees, agents, and subcontractors. In the event any such action or claim is brought against City, Contractor shall, if City so elects and upon tender by City, defend the same at Contractor’s sole cost and expense, promptly satisfy any judgment adverse to City or to City and Contractor, jointly, and reimburse City for any loss, cost, damage or expense, including attorney fees, suffered or incurred by City. City shall notify Contractor, within a reasonable time, of any claim, threat of claim, or legal action.

9. Insurance. Contractor shall have and maintain the insurance policies specified below. Each policy of insurance shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the Services. The adequacy of all insurance policies for compliance with this Section 9 shall be subject to approval by City’s Risk Manager. Failure to maintain any insurance coverage required by the Contract shall be cause for immediate termination of the Contract by City.

Unless otherwise specified, each policy shall be written on an “occurrence” form with an admitted insurance carrier licensed to do business in the state of Oregon; and shall contain an endorsement entitling City to not less than 30 days prior written notice of cancellation. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require that Contractor increase the coverage limits of all liability policies by the amount of the increase in the statutory limit.

9.1 Commercial General Liability. Contractor shall maintain a broad form commercial general liability insurance policy reflecting limits of not less than $2,000,000 combined single limit per occurrence, with an annual aggregate of $3,000,000 for bodily injury, personal injury, or property damage.