20242068_A1_Fleet Battery Price Agreements_RFP.pdf

Request for Proposals

Fleet Battery Price Agreements

Solicitation No. RFP 20242068

Due Date and Time:

Thursday, June 27, 2024 at 2:30 PM PDT

CITY OF EUGENE

Central Services Finance Division/Purchasing 500 East 4th Street, Suite 303

Eugene, Oregon 97401 Eugene.Purchasing@ci.eugene.or.us

The Purchasing Office is currently closed to the public.

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

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I. REQUEST FOR PROPOSALS

REQUEST FOR PROPOSALS

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 Fleet Battery Price Agreements for the City of Eugene will be accepted by the Purchasing Office until Thursday, June 27, 2024 at 2:30 PM PDT. Proposals will be opened immediately thereafter in 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 90 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 providing vehicle and equipment batteries for the City of Eugene’s Fleet Services Division. The City intends to establish one or more five-year price agreements as a result of this solicitation.

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 must 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.

Dated: May 29, 2024

Noel Dietz, NIGP-CPP, CPPB Purchasing Analyst ndietz@eugene-or.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTczYWE5MjItMDkwNi00ZDkyLTkzYWMtNmM2YWFlYTg0ZjU0%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22c6038ee0-bce1-46f5-a70d-ad19d798dd2d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTczYWE5MjItMDkwNi00ZDkyLTkzYWMtNmM2YWFlYTg0ZjU0%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22c6038ee0-bce1-46f5-a70d-ad19d798dd2d%22%7d https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@oregon.gov mailto:NDietz@eugene-or.gov

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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. Mistakes should be crossed out and corrections 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 must 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.

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.

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 137-047-0730(6).

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 ten (10) days prior to the RFP closing date and time.

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

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

• The solicitation number and title

• A reference to the page and item being addressed

• The reason and any proposed alterations https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@oregon.gov

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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 ORS 279B.055, 279B.060 and 279B.085 as set forth in ORS 279B.405(2). Pursuant to ORS 279B.405(3), 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 ten (10) 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 PROPOSAL MODIFICATIONS OR WITHDRAWAL

Proposals may be modified in writing prior to closing in accordance with City Rule 137-047- 0440(1). Proposer shall submit any modification to its proposal in accordance with the requirements for submitting a proposal listed in II. INSTRUCTIONS TO PROPOSERS, 2.0

SUBMISSION.

Any modification must include proposer’s statement that the modification amends and supersedes the prior proposal. Proposer shall mark the submitted modification as follows:

a. Proposal Modification; and

b. Solicitation Number and title A Proposer may withdraw its Offer by written notice prior to closing in accordance with City Rule 137-047-0440(2).

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. Addenda may be downloaded from 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).

mailto:Eugene.Purchasing@ci.eugene.or.us https://oregonbuys.gov/bso/

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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.

7.0 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 RESERVED RIGHTS

The City reserves the right:

A. To reject any proposal 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.

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G. 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.

H. To extend the deadline for submitting proposals, in according with City Rule 137-047-

0430(3).

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

13.0 RECYCLABLE PRODUCTS

Proposers shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document, provided said recycled materials meet all applicable standards. Preference for such recycled materials shall be given pursuant to City Rule 137-046-0320.

14.0 CONSIDERATION OF PROPOSALS

14.1 Proposals will be opened publicly in a Microsoft Teams meeting at the due date and time indicated in the RFP or any extension thereof made by addendum.

14.2 The City intends to award contracts to the responsible proposers submitting the most advantageous proposals, based on evaluation factors contained in each proposal, provided the proposal has been submitted in accordance with the requirements of the RFP documents, and does not exceed the funds available.

14.3 The City shall provide written notice by email, regular mail or facsimile of the City’s intent to award the contract. Award shall not be final until the later of the following:

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

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

Proposers may protest the intended contract award in accordance with City Rule 137-047- 0740.

15.0 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 ORS 279B.060(8) and City Rules 137-047-0262 and 137-047-0600 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.

16.0 MATERIAL PURCHASES

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

destination, freight prepaid and allowed, delivered and unloaded at delivery address listed.

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16.2 Warranty information for all parts provided by supplier will be made available to the City of Eugene upon request.

16.3 The City shall give preference to materials and supplies manufactured from recycled materials when available at a cost no greater than five (5) percent above the cost of comparable products manufactured from virgin materials. Subsequent contract or purchase order award will be based on these criteria and may contain applicable standard contract provisions as required by law.

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.

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

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III. SUSTAINABILITY & SOCIAL EQUITY

The City is interested in products and services that have a reduced impact on human health and the environment and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related City policy and plans, please refer to the City’s Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch. The 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:

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

2.0 IDLING REDUCTION

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

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

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

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

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

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3.0 ENVIRONMENTALLY PREFERRED PRODUCTS

To promote and encourage environmentally sustainable practices for companies doing business with the City, the City requests vendors under City contract use environmentally preferable products in production of City work products.

3.1 The awarded 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.

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

4.0 SOCIAL EQUITY

Economic prosperity through diversity and collaboration is fundamental to the Equity in Contracting program. Part of Eugene’s City Council Vision states that we will “Encourage a strong, sustainable and vibrant economy, fully utilizing our educational and cultural assets, so that every person has an opportunity to achieve financial security.”

The program aims to reduce barriers for local, small, minority and women-owned businesses to leverage all that our community has to offer, strengthening the business community as a whole.

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

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

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

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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 made by an addendum to the RFP.

ACTIVITY DATE

Request for Proposals issued ...................................................................... May 29, 2024

Deadline for requests for changes .............................................................. June 17, 2024

Deadline for submittal of solicitation protest ................................................ June 17, 2024

Deadline for issuing addenda to RFP ......................................................... June 21, 2024

RFP CLOSING ........................................................................................... June 27, 2024

Submit proposals no later than 2:30 pm PDT

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

INTRODUCTION

The City of Eugene intends to establish one or more five-year price agreements to provide vehicle and general use batteries to the City’s Fleet Services Division. If awarded, award will be to the proposer(s) supplying the most advantageous proposal(s), as determined by the evaluation team. This agreement is non-exclusive; therefore, the City may purchase batteries from other sources as needed. Award may be made by item, group of items, or the entire proposal upon the City’s determination that it is in the public interest to do so.

TERM OF AGREEMENT

This price agreement will be in effect for five (5) years from the date the contract is issued, unless otherwise terminated.

PRICING CONDITIONS

All pricing and discounts shall be firm for the first year of the contract period. Proposer may submit proposed pricing and discount revisions to the Purchasing Analyst thirty (30) days in advance of a proposed change. The proposer must provide adequate documentation detailing the factors that require the change, including manufacturers’ price lists, with any proposed increases. All changes must be approved by the City prior to taking effect.

ESTIMATED QUANTITIES

The quantities listed on the Standard Proposal Form represent an estimated annual usage and do not constitute a firm commitment by the City of Eugene to purchase the amounts indicated.

BATTERY SPECIFICATIONS

Batteries supplied must be new, fully charged, and include a manufacturers’ warranty. The battery specifications noted on the proposal sheet are suggested minimum specifications for comparison by the evaluation team. Due to the variation of vehicle/equipment needs, the City reserves the right to purchase any battery from the awarded supplier, including different types (AGM, gel, wet-cell), different sizes, and batteries that exceed or in some instance are less than specifications as stated on the proposal sheet.

AVAILABILITY

Contractor will be required to maintain stock levels of batteries as requested by the City’s Fleet Services personnel. On a weekly basis, batteries will be delivered and stock older than 6 months exchanged for new stock. Contractor will be available for additional deliveries, as needed. Contractor must maintain adequate warehouse stock levels to meet the City’s battery demand.

Batteries that are requested other than current stock must be delivered within 24 hours of the Contractor receiving the order.

WARRANTY

The Contractor will provide a minimum one year full replacement warranty for all batteries supplied under this contract. Should the Contractor disagree that a battery is defective, proof must be given to the Fleet Services Manager prior to the Contractor denying the warranty.

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CORES/DISPOSAL/RECYCLING

All old vehicle batteries (cores) replaced from inventory will become the property of the Contractor and will be picked up on a routine basis, at least bi-weekly, and will be disposed of or recycled in accordance with local, State and Federal requirements. Contractor must notify City Fleet Service personnel of any imbalance of new batteries vs. cores returned ASAP and prior to billing City for any imbalance.

EMERGENCY AVAILABILITY

The successful proposer must agree to open their place of business for emergency service requests. This includes after the proposer’s normal business hours and holidays. Should an emergency situation arise, the proposer shall provide service within a maximum of two (2) hours after notification of need. The proposer may charge a reasonable service charge for such emergency deliveries.

PROMPT PAYMENT DISCOUNT

The successful proposer may offer a prompt payment discount if invoices are paid by the City within a specified number of days. The City reserves the right to accept or not to accept the proposer’s prompt payment discount offer. In the event that the City does not accept the proposer’s prompt payment discount offer, the proposer will be bound to the City’s standard payment terms of Net 30 days. Proposer must state if there will be an added charge if City pays invoices via purchasing card.

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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. Proposals must contain all of the information requested in the submittal category below. A completeness check will be conducted for each proposal. A complete submittal will make the proposer a ‘responsive proposer’ to be further evaluated for possible inclusion in a competitive range as described below.

Submittals

• Cover Letter o Must include, but not limited to the following items: services offered, delivery schedule, company history, and experience supplying similar operations. Limit cover letter to 2 pages.

• Standard Proposal Form (signed)

• Pricing Worksheet (complete)

• References Form

Evaluation Criteria Evaluation of the written response portion to the RFP will be based on a point system. The possible point values are listed below for each evaluation criterion. A committee will review the responses and assign points for each criterion. See SECTION VII. PROPOSAL EVALUATION PROCEDURES for a summary of the evaluation process.

The written responses may be used to establish a competitive range of proposers for further evaluation. Items will be scored up to the maximum point value indicated below:

Pricing 40 points Specifications of proposed batteries 30 points Services offered 30 points

Written Proposal Total Possible Points: 100 points

The 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

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(s) 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(s) 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.

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VIII. FORMS TO SUBMIT WITH PROPOSAL

STANDARD PROPOSAL FORM

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 one hundred twenty (120) calendars days after the date on which proposals are received.

3. Contract Execution; Insurance. 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, and318 for no fewer than six years into the past from signature and will continue to comply with tax laws during the term of this contract.

Access to Plant or Place of Business Proposer agrees that the City may enter a proposer'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).

RFP 20242068 Fleet Battery Price Agreements 16

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 proposer, 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.

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

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

Name: Title:

Phone:

Requirement Initials

Cover Letter

Standard Proposal Form

Pricing Worksheet

References Form

RFP 20242068 Fleet Battery Price Agreements 17

REFERENCES FORM

RFP 20242068

Fleet Battery Price Agreements

PROPOSER’S BUSINESS NAME:

Company: Contact Name:

Address: City, State, Zip:

Phone Number: Fax:

Project Name and Location:

Year and Project Description:

Phone Number: Fax:

Phone Number: Fax:

Rev 04/2023 Contract # xxxx-xxxxx Page 1

Public Works Maintenance Division

City of Eugene 1820 Roosevelt Blvd.

Eugene, Oregon 97402

(xxx) xxx-xxxx

PRICE AGREEMENT

#XXXX-XXXX

Commodity: Fleet Batteries RFP: 20242068

Contractor: Date Issued:

Contract Period:

From:

Contact: To:

Phone:

FOB: Eugene Delivered Payment Terms: Net 30 Days

1. Term. The length of this Contract is expected to be for five years effective upon issuance of this price agreement.

2. Cancellation. The Contract may be cancelled prior to the specified termination date by the City upon presentation of 30 days written notice.

3. Invoicing. All invoices must be emailed to AP@ci.eugene.or.us and must include the associated Purchase Order number. The invoice is due and payable within thirty (30) calendar days from the invoice date.

4. Ordering. This price agreement is issued as acceptance of the quote submitted by (TBD) in accordance with RFP 20242068 which is hereby incorporated into this price agreement. Orders will be issued as fleet batteries are required.

5. Price List. TBD’s response to RFP 20242068 Fleet Batteries Price Agreements is attached to and incorporated as part of this price agreement. Price adjustments may be submitted on a yearly basis after the initial year the agreement is in effect. Contractor must provide adequate documentation to substantiate any request for price increase. Price increases must be approved by City prior to taking effect.

6. Warranty. All products supplied will have a manufacturer or Contractor warranty.

7. Delivery. Delivery of parts, materials, supplies, and core pickup will occur as stated in TBD’s response to RFP 20242068. All product will be delivered FOB Destination, Prepaid and Allowed to City of Eugene [address].

mailto:AP@ci.eugene.or.us

Rev 04/2023 Contract # xxxx-xxxxx Page 2

8. 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.

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

10. 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 10 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 any 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.

10.1 Commercial General LiabilityContractor shall maintain a broad form commercial general liability insurance policy with coverage of not less than $2,000,000 combined single limit per occurrence, with an annual aggregate of $3,000,000 for bodily injury, personal injury or property damage. Such policy shall have a contractual liability endorsement to cover Contractor’s indemnification obligations under the Contract. The policy shall also contain an endorsement naming City as an additional insured, in a form satisfactory to City, and expressly providing that the interest of City shall not be affected by Contractor’s breach of policy provisions.

10.2 Automobile LiabilityContractor shall maintain an automobile liability insurance policy reflecting limits of not less than $2,000,000 combined single limit per occurrence for bodily injury, personal injury or property damage. The coverage shall include both hired and non-owned auto liability. The policy shall also contain an endorsement naming City as an additional insured, in a form satisfactory to City, and expressly providing that the

Rev 04/2023 Contract # xxxx-xxxxx Page 3 interest of City shall not be affected by Contractor's breach of policy provisions.

Coverage shall include both hired and non-owned auto liability.

10.3 Workers’ Compensation InsuranceContractor shall comply with the Oregon Workers'

Compensation law by qualifying as a carrier-insured employer or as a self-insured employer and shall strictly comply with all other applicable provisions of such law.

Contractor shall provide City with such further assurances as City may require from time to time that Contractor is in compliance with these Workers' Compensation coverage requirements and the Workers' Compensation law. Contractor is a subject employer that will comply with ORS 656.017.

11. Exhibits. All exhibits listed below and not specifically mentioned elsewhere are incorporated as part of this agreement by reference herein.

12. Standard Contract Conditions, The City of Eugene's Standard Contract Provisions are attached to this price agreement as Exhibit A and are incorporated as part of this agreement.

13. Cooperative Procurement. Pursuant to ORS 279A.215, the [Contractor] agrees to extend identical prices and services under the same terms and conditions to all public agencies, provided that such other agencies must enter into separate agreements with [Contractor]. Any other public agency utilizing the prices, terms, and conditions of this Agreement will not be deemed to be an agent of the City. In consideration of allowing cooperative procurements under this Agreement, any participating public agencies and [Contractor] agree to waive any rights either may have to make the City a party to any dispute between such public agency and [Contractor].

Sarah Medary Contractor City Manager Title City of Eugene Business Name

Attachments: Exhibit A - City of Eugene Standard Contract Provisions Exhibit B - Request for Proposals No. 20242068 Exhibit C - Contractor’s Response to Solicitation Exhibit D - Current Price List

Rev 04/2023 Contract # xxxx-xxxxx Page 4

EXHIBIT A

CITY OF EUGENE - STANDARD CONTRACT PROVISIONS

Contracts Subject to ORS Chapter 279B

Goods and Services including Personal Services OTHER THAN Architects, Engineers, Land Surveyors on Public Improvements

The following provisions, if applicable, are hereby included in and made a part of the attached contract between the City of Eugene and the Contractor named thereon as provided for in the Eugene Code, 1971, the Eugene Public Contracting Rules, the revised statutes of the State of Oregon, and Federal laws, rules, regulations, and guidelines. The Contractor AND EVERY SUBCONTRACTOR shall include these provisions in every subcontract SO THAT THESE PROVISIONS WILL APPLY TO, AND BE BINDING ON EVERY SUBCONTRACTOR. Failure to comply with any of the applicable provisions below shall be a material breach of the contract and may result in debarment of the Contractor or subcontractor from City contracts for up to three (3) years.

1. Fair Employment Practice Provisions (Eugene Code, 1971, Section 4.625 and Eugene Public Contracting Rule 137-046-

0500(1))

1.1 Non-Discrimination Requirements. During the performance of this contract, the Contractor and each subcontractor agrees to comply with sections 4.613 to 4.655 of the Eugene Code, 1971, and as follows:

(a) The Contractor and each subcontractor will not discriminate against any employee or applicant for employment because of an individual’s race, religion, color, sex, national origin, marital status, familial status, age, sexual orientation or source of income, a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, or because an individual is a person with a disability which, with reasonable accommodation by the employer does not prevent the performance of the work involved, unless based upon a bona fide occupational qualification reasonably necessary to the normal operation of the employer’s business.

(b) The Contractor and all subcontractors employing 15 or more individuals will develop and implement an affirmative action plan to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, age or national origin. Such plan shall include, but not be limited to the following:

employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

(c) The Contractor and each subcontractor will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Human Rights Commission setting forth the provisions of this nondiscrimination clause.

1.2 Reporting. The Contractor and each subcontractor will, prior to commencement and during the term of the contract, provide to the City such documentation, and permit any inspection of records as may be required or authorized by rules adopted by the city manager to determine compliance with subsection 1.1 above.

1.3 Violations. If upon an investigation conducted pursuant to rules adopted by the city manager in accordance with section

2.019 of the Eugene Code, 1971 there is reasonable cause to believe that the Contractor or any subcontractors of the Contractor have failed to comply with any of the terms of subsections 1.1 or 1.2, a determination thereof shall be made by the city manager. Such determination may result in the suspension, cancellation or termination of the principal contract in whole or in part and/or the withholding of any funds due or to become due to the Contractor, pending compliance by the Contractor and/or its subcontractors, with the terms of subsections 1.1 and 1.2. Such determination may further result in debarment of the Contractor in accordance with the adopted rules.

1.4 Failure to Comply. Failure to comply with any terms of subsections 1.1 and 1.2 above shall be a material breach of the contract.

1.5 Inclusion of Fair Employment Practices Provisions in Contracts with Subcontractors. The contractor shall include the provisions of subsections 1.1 through 1.4 above in contracts with subcontractors so that the provisions will be binding upon each subcontractor.

1.6 Contractor Defined. As used in this section 1, "contractor" means all persons, wherever situated, but excluding local, state or federal units of government or their officials, from whom the City purchases Goods and/or Services costing $2,500 or more in any fiscal year.

2. ORS 279A.120 Nonresident Contractors.

2.1 As used in this section, “nonresident contractor” means a contractor that: (A) has not paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract, (B) does not have a business address in this state and (C) stated in the bid for the contract that it was not a “resident bidder” under ORS 279A.120.

2.2 If the Contractor is a nonresident contractor and the contract price exceeds $10,000, the Contractor shall promptly report to the Department of Revenue on forms to be provided by the Department of Revenue the total contract price, terms of payment, length of contract and such other information as the…