20252018_A1_IRFP_Downtwn Services Strategic Plan.pdf

Informal Request for Proposal

Downtown Services Strategic Plan Solicitation No. IRFP 20252018

Due Date and Time:

Wednesday, October 2, 2024 @ 2:30 PM PST

CITY OF EUGENE

Central Services Finance Division/Purchasing

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

The Purchasing Office is closed to the public.

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I. INVITATION TO SUBMIT PROPOSALS

INFORMAL REQUEST FOR PROPOSALS

Solicitation No. IRFP 20252018

Notice to Proposers Pursuant to ORS 279B.070 and City of Eugene Administration Order 44-23-01-F, Public Contracting Rule (City Rule) 137-047-0270, proposals for Downtown Services Strategic Plan for the City of Eugene will be accepted by the Purchasing Office until Wednesday, October 2, 2024 @ 2:30 PM.

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 Informal Request for Proposals (IRFP) closing time and date. Proposals shall be valid for 90 days after opening unless otherwise specified in the specifications. This Informal Request for Proposals does not commit the City to pay any costs incurred by any Proposer in the submission of a proposal.

Project Description In general, the City of Eugene is seeking a qualified consultant to provide analysis of the services needed in Eugene’s downtown core and provide recommendations on how to organize and fund these services, including a review of the Downtown Service District.

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.

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: September 4, 2024

Michelle Hahn, OPBC Purchasing Analyst Mhahn@eugene-or.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTY4M2ZkMmMtZmMzYi00ZmUzLWI1ZTMtOGY2NTM4N2ZhNWM1%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.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@oregon.gov mailto:Mhahn@eugene-or.gov

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II. INSTRUCTIONS TO PROPOSERS

1. STANDARD PROPOSAL FORM

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

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

2. SUBMISSION

2.1. Proposers must submit their proposals 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/email issues of any sort.

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. PROPOSAL MODIFICATIONS

3.1. Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst via email in conformance with City Rule 137-047-0440(1), and no less than nine (9) calendar days PRIOR to the solicitation closing and submitted separately from the solicitation response. Contents of questions, clarifications, modifications, or substitutions should include a reference to the page or item being addressed, the reason and any proposed alterations. Questions, clarifications, modifications, or substitutions included with the response to the solicitation may cause it to be considered non-responsive.

3.2. Whenever a process is designated or a manufacturer’s name, brand, or item is designated or described, it shall be understood that the words, “or equal” follow such name, designation, or description, whether in fact they do so or not, unless no substitution is stated in the specifications. Proposers shall submit to the City their intent to offer an approved equal no later than nine (9) calendar days prior to the proposal closing. Include detailed specifications, cut sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

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

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

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

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

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://oregonbuys.gov/bso/ mailto:support.oregonbuys@oregon.gov

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4. CONSIDERATION OF PROPOSALS

4.1 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 IRFP 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.

4.2 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 IRFP documents, and does not exceed the funds available.

5. MATERIAL PURCHASES

5.1. 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 quoted must be F.O.B.

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

5.2. Include complete standard warranty information and factory specifications on the equipment offered. For the warranty, include the length of time, covered components, repair site (city or contractor site) and availability of parts and service not covered under the warranty. If an extended warranty is available, include the details of the extended warranty.

5.3. 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.

6. PUBLIC RECORDS

6.1. This IRFP and one copy of each original proposal received in response to it, together with copies of all documents pertaining to the award of a contract, shall be kept by the City of Eugene Purchasing Office and made a part of a file or record which shall be open to public inspection. If a proposal contains any information that is considered trade secret under ORS 192.345(2), each sheet of such information must be marked with the following:

“This data constitutes a trade secret under ORS 192.345(2) and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.”

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

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

7. ADDENDA AND INTERPRETATIONS

7.1. Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and Proposers shall receive addenda per City https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTY4M2ZkMmMtZmMzYi00ZmUzLWI1ZTMtOGY2NTM4N2ZhNWM1%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

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Rule 137-047-0430, and as follows: City will not mail notice of addenda but will publish any addenda on the OregonBuys site. Addenda may be downloaded off of OregonBuys.

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

7.2. Any and all responses to a properly submitted Request for Clarification or Change will be provided via addenda, as set forth above.

7.3. 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.

8. NONDISCRIMINATION

Submittal of a proposal in response to this IRFP evidences Proposer’s agreement that, in performing the work called for by this IRFP and in securing and supplying materials, Proposer has not and will not discriminate against: 1) any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, physical or mental handicap, national origin, or ancestry unless the reasonable demands of employment are such that they cannot be met by a person with a particular physical or mental handicap; and 2) a subcontractor in the awarding of a subcontract because the subcontractor is a minority-owned, woman-owned, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned, controlled by, or that employs a disabled veteran as defined in ORS 408.225.

9. RESERVED RIGHTS

The City reserves the right:

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

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

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

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

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

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

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

H. To extend the deadline for submitting proposals.

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

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

10. CONTRACT AWARD

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

https://oregonbuys.gov/bso/

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11. ANNOUNCED AWARDEE

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

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III. SUSTAINABILITY & SOCIAL EQUITY

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

1. WASTE REDUCTION

Pursuant to City Zero Waste efforts, the City aims to prevent waste where possible. In order to increase efficient use of resources, the awarded Proposer shall adhere to the following items as applicable.

1.1. Unnecessary packaging for goods, beyond packaging compliance or practical safe shipping methods, shall be reduced. Proposer to ship goods utilizing one or more of the following methods:

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

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

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

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

e. No point of purchase material or promotional literature.

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

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

2. IDLING REDUCTION

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

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

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

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

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

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3. ENVIRONMENTALLY PREFERRED PRODUCTS

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

3.2. The awarded Proposer should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement.

Environmentally preferable products and services have characteristics that include but are not limited to the following:

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

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

4. SOCIAL EQUITY

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

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

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

https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XI D=2315&TN=oregon4biz to find certified businesses from whom to procure products or services.

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

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

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IV. ANTICIPATED SOLICITATION SCHEDULE

The following is the anticipated schedule for submission and review of proposals and award of the desired contract. This schedule is subject to change by the City in its sole discretion. Any change to the bid submittal deadline will be done by an addendum to this solicitation.

ACTIVITY DATE

Solicitation issued….………………………………………………………. September 4, 2024

Deadline for requests for clarification or change…………September 23, 2024 @ 4:00 PM

Deadline for issuing addenda to IRFP…….………………September 27, 2024 @ 4:00 PM

Proposal Closing…………………………….……………………October 2, 2024 @ 2:30 PM

Notice of Intent to Award.…………………anticipated to be no later than October 31, 2024

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

The City of Eugene is seeking a qualified consultant to provide analysis of the services needed in Eugene’s downtown core and provide recommendations on how to organize and fund these services, including a review of the existing Downtown Service District. We are interested in looking at the broader downtown area, recognizing that the downtown core is the area with the highest need for enhanced services. The applicant should have expertise in place management (chiefly downtown management) and a familiarity with a range service delivery models appropriate within Oregon’s legal system. The project is conceived of in three phases; however, the City is open to other approaches to completing this work, based on the experience and expertise of the consultant. Throughout the project, the consultant will work with a panel of stakeholders made-up of City staff, property owners, business owners, and residents.

Phase 1: Existing Conditions and Coordination

Deliverable: Workplan (updated periodically) and Existing Conditions Report

Approximate Timeframe: November 1– December 31st, 2024

Prior to embarking on the other tasks to be performed under this scope of work, the consultant will meet with City staff to finalize a detailed work plan and identify all information to be provided to the consultant by City staff. Through stakeholder interviews and document review, the consultant should familiarize themselves with the existing conditions and provide a summary report inclusive of:

• Existing plans and documents as they relate to downtown services (digital copies will be provided to the consultant):

o Downtown Plan (2004) o Envision Eugene (2012) o Project for Public Spaces (2017) o Downtown Priorities and Projects (2022) o City of Eugene Strategic Plan (2023) o Eugene Area Chamber of Commerce’s Catalytic Regional Growth Initiative

(2024)

• Existing services provided within the service district boundary, who is providing these services, and cost of delivery

• Commercial square footage and occupancy rates inside the service district and the downtown plan boundary, broken out by ground floor and second floor and above

• Residential units inside the downtown service district and within the downtown plan boundary

• Quantification of parking, hotels, government, and other uses in the downtown core

• Commercial and residential lease rates

• Activity level

• Level of satisfaction among stakeholders with existing service level

• Other baseline indicators seen to be relevant by the consultant

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Phase 2: Gap Analysis

Deliverables: Report and presentation

Approximate Timeframe: Jan 1 – Feb 28, 2025

The consultant should evaluate what services are missing or underdelivering in Eugene’s downtown and where inefficiencies exist in terms of service delivery. The results of this analysis should be presented to a range of stakeholders, including government, private sector, and non-profits, whose feedback should be incorporated into the next phase of the project.

Phase 3: Recommended Solutions

Deliverables: Report, presentation, and other recommended learning opportunities for relevant stakeholders

Approximate Timeframe: Mar 1 – Apr 30, 2025

Based on the information collected in the prior two phases, the consultant should propose a range of solutions that will move Downtown Eugene toward the community vision articulated in the existing plans and the aspirations shared by stakeholders. This phase should identify opportunities for reallocating resources, generating new revenue and using existing resources more efficiently, drawing on best practices from other similar communities. The proposed solutions should be vetted by the consultant, with support from downtown stakeholders (including the City), for technical and political feasibility. Assuming that the downtown service district will be among the recommended solutions, best practices in local government administration of the district should form part of the recommendation. The consultant should be focused on increasing familiarity and generating buy-in among relevant stakeholders during this phase of the process.

The estimated budget for this project is $90,000, inclusive of wages, travel reimbursement, and materials. Invoicing may coincide with completion of the three phases and the satisfactory completion of deliverables.

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VI. PROPOSAL SUBMITTAL REQUIREMENTS

Required Submittals

• Standard Proposal Form

• Proposal Questionnaire

• References Form

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

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

Scored Criteria:

• Qualifications and Experience – 40 possible points

• Project Staffing – 10 possible points

• Project Understanding and Approach – 30 possible points

• Local Familiarity - 20 possible points

• Fee Proposal – 10 possible points

• Contractor’s Efforts Toward Sustainability – 10 possible points

Written Proposal Total Possible Points: 120

• Interviews (if any) – 30 possible points

Total Possible Points: 150

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.

Interviews (if any) and final scoring:

• After proposals have been evaluated and finalist firms have been identified, those firms may be invited to interview and make an oral presentation to the committee.

• Interviews provide the firms an opportunity to answer any questions or provide clarifications to the committee; however, no changes are allowed to be made to the originally submitted cost.

• The committee will score the firm’s presentations in the context of the criteria listed in the table above and/or an additional criterion that will be shared with the responding organizations ahead of the presentations. Firms may receive up to an additional 30 points on the interview / presentation. A final cumulative score for each finalist will be compiled, from which the selection of a firm will be made.

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VII. PROPOSAL EVALUATION PROCEDURES

A. DETERMINING RESPONSIVENESS OF WRITTEN PROPOSALS

Each proposal submitted in response to this IRFP that conforms in all material respects with the requirements set forth in the solicitation documents and all requirements of the Oregon Public Contracting Code and City of Eugene Public Contracting Regulations shall be deemed a “responsive proposal”.

B. EVALUATION OF WRITTEN PROPOSALS:

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

A ‘responsive proposal’ means a proposal that conforms in all material respects with the requirements set forth in the Solicitation Documents and all requirements of the Oregon Public Contracting Code and City of Eugene Public Contracting Rules. Proposers of non-responsive proposals will be posted on OregonBuys and will be disqualified for further consideration.

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

C. ACTION UPON FAILURE TO EXECUTE CONTRACT.

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

SELECTION PROCESS AND NOTICE OF INTENT TO AWARD:

Notice of the intent to award will be posted on OregonBuys. Final award will depend upon the execution of an acceptable contract 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.

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VIII. FORMS TO SUBMIT WITH PROPOSAL

STANDARD PROPOSAL FORM

Solicitation No. IRFP 20252018

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

Acknowledgement of terms, conditions and specifications

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

2. The Proposer has carefully checked the figures entered in the Form, has carefully reviewed for accuracy all statements in this proposal and attachments, and agrees that the City will not be responsible for any errors or omissions of the proposer in preparing this proposal. The proposer agrees that this proposal may not be revoked or withdrawn for ninety (90) 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.

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

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

Proposal Submitted By:

Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

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

Name: Title:

Phone:

Email:

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PROPOSAL QUESTIONNAIRE

1. Qualifications and Experience (40 points).

• Provide a brief overview of the lead firm’s history, type of work executed and capabilities.

• Demonstrate the ability of your team to successfully complete projects involving;

1) public engagement across a spectrum of interested parties; and

2) recommendations on how to deliver a range of downtown services broadly considered under the umbrella of place management.

• Provide three examples of work completed for projects of similar scope; include name of owner, owner’s contact person, and current phone number.

• Include whatever other information you would like us to know about your firm that would relate to working with the City of Eugene on this assignment.

2. Project Staffing (10 points).

• Provide a project organization chart.

• Identify the contact person with primary responsibility for this project, the personnel proposed to work on this project, and any subconsultants. The persons listed will be considered committed to the project with no substitutions without prior agreement with the City.

• Include a description of the qualifications of the assigned staff and subconsultants, relevant experience, and the availability of the staff for the services provided.

• Provide resumes for the Project Manager and any other key staff members as necessary.

• In firms with multiple offices, identify the office location of all key staff.

3. Project Understanding and Approach (30 points).

• Provide a summary of your understanding and approach to the project.

• Discuss your understanding and approach to the challenges of this project.

• List the information you will require from the City during each phase of the proposed scope of work.

• Indicate the participation the firm will require from the City staff and the estimated number of meetings proposed for each phase outlined in the Scope of Work.

• Describe your approach to working effectively with stakeholders. How can they be most effective throughout the study period and at what points will their input be most useful?

• Prepare a general work plan and schedule depicting timelines, staffing and major tasks in order to demonstrate ability to complete the scope of the work in a realistic time frame.

• Discuss revisions, if any, you would propose to the Scope of Work and provide your reasoning for the recommended modifications.

• Describe how in-person and virtual meeting format will be used to balance costs with stakeholder engagement and relationship building.

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4. Local Familiarity (20 points).

• Describe your team’s familiarity with and experience working in Eugene and elsewhere in Oregon.

• Describe your team’s familiarity with best practices given the particulars of

Oregon Revised Statutes as they relate to property tax limitations, service districts/economic improvement districts, and other similar mechanisms for increased management.

• Describe your team’s familiarity with and experience working in cities of a similar size or character to Eugene.

5. Fee Proposal (10 points).

Please submit a fee proposal for the project, including:

• Breakdown of fee according to the proposed phases of the project.

• Suggested allowance for reimbursable expenses. Proposer must use City travel reimbursement rates. City follows GSA Per Diem rates that can be found at the following URL http://www.gsa.gov/portal/category/100120.

• Services to be provided by subconsultants, if any.

• Fees associated with any scope revisions or options, if identified previously under Project Understanding and Approach.

6. Contractor’s Efforts Toward Sustainability (10 points). 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.

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

Rev 5/2024 IRFP# 20252018 Downtown Services Strategic Plan Page 18

REFERENCE FORM

This form must be completed and submitted with Proposal documents.

PROPOSER’S FIRM NAME:

REFERENCE #1

Company: Contact Name:

Address: City, State, Zip:

Phone Number: Email:

Year(s) of Service:

Services Performed:

REFERENCE #2

Company: Contact Name:

Address: City, State, Zip:

Phone Number: Email:

Year(s) of Service:

Services Performed:

REFERENCE #3

Company: Contact Name:

Address: City, State, Zip:

Phone Number: Email:

Year(s) of Service:

Services Performed:

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IX. SAMPLE PERSONAL SERVICES CONTRACT

CITY OF EUGENE

PERSONAL SERVICES CONTRACT

Downtown Services Strategic Plan

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

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

CONTRACT NO.: _________ - _________

EXPIRATION DATE: __________

RECITALS

A. Contractor is engaged in the business of ________.

B. City desires to engage Contractor to provide the Services described in this Agreement and Contractor is 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, Rule 137-047-0270 and

IRFP 20252018.

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 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. The 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: Statement of Work / Service Deliverables Exhibit C: Compensation 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.

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

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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, properties, and Services to be provided by Contractor under this 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 be, fully qualified by all necessary education, training, experience, licensure, and certification 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 Commencement. Contractor shall begin to provide the Services on __________, or, if later as soon as this Contract has been executed by all parties.

2.2 Key Personnel. Contractor has agreed that certain key personnel shall be assigned to perform certain parts of the Services, as described below. Removal of these key personnel from the specified tasks without the prior approval of City will be a material breach of the Contract.:________.

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

3. Term.

3.1 Initial Term. The initial term of the Contract shall expire, unless terminated or renewed, on the expiration date shown in the caption of this Agreement.

3.2 Renewal. Upon completion of the initial term, the City may elect to extend the Contract for up to three (3) additional one-year terms by mutual agreement of the parties.

4. Compensation. Subject to City’s right of offset for breach, Contractor will bill City for the Services by submitting periodic invoices that conform to the requirements of Exhibit C. City will make payments net 30 days of receipt of a properly submitted invoice. 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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5. Termination. Notwithstanding any other provisions hereof to the contrary, the Contract may be terminated as follows:

5.1 The parties, by mutual written agreement, may terminate the Contract at any time.

5.2 Either party may terminate the Contract if the other party is in breach of any provision hereof which breach continues for more than 30 days after a notice describing the breach has been given unless, in the case of a breach which cannot be cured within such 30-day period, the breaching party immediately initiates and diligently prosecutes a plan of curative action that is acceptable to the non-breaching party. Notwithstanding the foregoing, termination for a recurring breach may be made if the breach is uncured within seven days after the second notice in any twelve-month period and immediately, without opportunity for cure, in the third or any subsequent notice of breach in any twelve-month period.

5.3 The City may terminate the Contract on any date specified in a notice if funding for the Services becomes unavailable or if the City determines that termination of the Contract is required by the public interest.

5.4 City may terminate the Contract immediately and without prior notice upon Contractor's failure to have in force any insurance required by the Contract, if Contractor breaches the City's security requirements, if Contractor fails to maintain any certificate or license required for performance of the Services, or as provided in Exhibit A.

6. Force Majeure. Neither City nor Contractor is 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.

7. Remedies.

7.1 In the event of a termination of the Contract by City because of a breach by Contractor, City may complete the Services either by itself or by contract with other persons, or any combination thereof. Contractor shall be liable to City for any costs or losses incurred by City arising out of or related to the breach, including costs incurred in selecting other contractors, time-delay losses, attorney fees, and the like, less the remaining unpaid balance of the consideration provided in the Contract. City may withhold payment of sums due Contractor for Services performed to the date of termination until City’s costs and losses have been determined, at which time City may offset any such amount due Contractor against the costs and losses incurred by City.

7.2 The foregoing remedies provided to City for breach of the Contract by Contractor shall not be exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach with or without termination.

7.3 In the event of breach of the Contract by City, Contractor’s remedy shall be limited to termination of the Contract and payment for Services performed to the date of termination less any offset to which City is entitled.

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8. Records/Inspection. Contractor shall maintain records of its charges to City under the Contract for a period of not less than three years following Contractor’s completion of the Contract. Upon reasonable advance notice, City or its authorized representatives may from time to time inspect, audit, and make copies of any Contractor’s records that relate to the Contract. If any audit by City discloses that payments to the Contractor were in excess of the amount to which Contractor was entitled under the Contract, Contractor shall promptly pay to City the amount of such excess. If the excess charged by Contractor for any audited period is greater than two percent of the amount that should have been charged for that period, Contractor shall also reimburse City its reasonable costs incurred in performing the audit.

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.…