City Auditor - City Recorder - Council Ordinance - 180788 Oregon Iron Works prototype streetcar contract attachment E 1 of 6

CERTIFICATION AS AN EEO AFFIRMATIVE ACTION EMPLOYER - All respondents must be certified as Equal Employment Opportunity Affirmative Action Employers as prescribed by Chapter 3.100 of the Code of the City of Portland. The required documentation must be filed with the Bureau of Purchases, City of Portland, prior to contract execution.

BUSINESS COMPLIANCE - Prior to execution of contract, Contractor shall provide City of Portland business license number, or shall provide proof of exemption from said license, as issued by the City of Portland Bureau of Licenses. Failure to do so within twenty (20) days after respondent receives tender of contract may result in withdrawal of contract award. Information related to obtaining a business license may be found on the following website:

http://www.pdxbl.org/BizInfo/blfaq.html#licenses

GOVERNING LAW - The provisions of this contract shall be construed in accordance with the provisions of the laws of the State of Oregon and the law of said state, whether substantive or procedural, shall apply to this contract. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Multnomah County Oregon. All statutory, charter and ordinance provisions that are applicable to public contracts in the City of Portland and the State of Oregon shall be followed with respect to this contract.

Contractor shall observe all applicable state and local laws pertaining to public contracts. ORS Chapters 279A, 279B and 279C require every public contract to contain certain provisions. Pursuant to those chapters, the following provisions shall be a part of this contract, as applicable.

Pursuant to ORS 279B.220, on every public contract, the contractor shall make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract; shall pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract; not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished, and; pay to the Department o Revenue all sums withheld form employees under ORS 316.167.

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

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

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

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

Pursuant to ORS 279B.235(1), in every public contract the contractor shall pay employees for overtime work performed under the public contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et.seq.)

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

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

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

Pursuant to ORS 279C.520, no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279C.100, the employee shall be paid at least time and a half pay for all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or for all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and for all work performed on Saturday and on any legal holiday specified in ORS 279C.540. The contractor shall give notice to employees who work on a public contract in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. In the case of contracts for personal services as defined in ORS279C.100, an employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime. Persons employed under contracts for services shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540 (1)(b)(B) to (G) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater. The contractor shall give notice to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

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

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

Pursuant to ORS 279C.58o(3), the contractor shall include in each of its subcontracts for a public improvement, for the purpose of performance of such contract condition, a provision requiring the subcontractor to include a payment clause and an interest penalty clause conforming to the standards of ORS 279C.580 (B) (4) in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.

Pursuant to ORS 279C.830 (2), in a public works contract subject to ORS 279C.800 to 279C.870 the Contractor shall pay fee is required to be paid to the Commissioner of the Bureau of Labor and Industries as provided in ORS 279C.825(1). . The fee shall be paid to the Commissioner pursuant to the administrative rule of the Commissioner.

AMERICANS WITH DISABILITIES ACT COMPLIANCE – Respondents agree that if awarded a contract, the successful contractor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. If any respondent requires special assistance or auxiliary aids during the proposal, evaluation or award process, please notify the Bureau of Purchases, (503) 823-6855, or TDD (503) 823-6868, at least two (2) business days prior to the required assistance.

SPECIAL CONDITIONS – Where special conditions are written in the Request for Proposal, these special conditions shall take precedence over any conditions listed under these Proposal Terms and Conditions.

1. BACKGROUND The City owns and, since July 2001, has operated the Portland Streetcar system with assistance from the Tri-County Metropolitan Transportation District of Oregon (TriMet) and Portland Streetcar, Inc., a private 501(C)(3) non-profit corporation (PSI). The City currently operates seven (7) streetcars on a 3.0 mile line between NW 23^rd Avenue and SW River Parkway and SW Moody Avenue in Portland, Oregon. The streetcars were manufactured in the Czech Republic by Skoda, a subcontractor to Inekon, a Czech Republic corporation under contract to the City. To increase its streetcar fleet to ten (10) vehicles, the City recently ordered three (3) additional streetcars of similar design. All streetcars have been or are being manufactured in the Czech Republic.

TriMet is a recipient of federal funding under SAFETEA-LU (the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users”), under the National Research Program, which indicates that federal funding will be made available to TriMet in each of federal fiscal years 2006, 2007, 2008 and 2009 for the purchase and deployment of a domestically manufactured streetcar (the “Grant”).

The City is the subrecipient of the Grant funds, and is administering the Grant in cooperation with TriMet. The intent is to develop a prototype streetcar vehicle that will be built in the United States in compliance with the Federal Transit Administration’s (“FTA”) rules and requirements applicable to the purchase of transit vehicles with federal funds, including the “Buy America” requirements codified at 49 USC §5323(j), 49 CFR Part 661, and FTA’s implementing guidance. The prototype streetcar must be a proven design that will be designed and built to be compatible with the existing Portland Streetcar system, including its current streetcar fleet and the interface with streetcar platforms and other right of way constraints. The prototype streetcar will be operated and tested on the Portland Streetcar System. The streetcar manufacturer must be a United States owned company, as defined within this RFP.

2. SCOPE OF WORK The City of Portland, Office of Transportation, is seeking proposals from qualified firms, teams or contractors with demonstrated experience in the development and deployment of domestic streetcar vehicles to provide labor, materials, equipment, utilities, and other goods or services as necessary to provide a prototype streetcar vehicle that will be compatible with the existing streetcar fleet and able to be operated on the present streetcar system. The City intends to procure a six-axle, double-ended low floor streetcar vehicle.

The successful Contractor will be expected to enter into a City Services Contract. Reference Exhibit A.

3. PROPOSAL INVITATION This document constitutes an invitation for sealed competitive proposals under Portland City Code Chapter 5.33 and due to the funding by a grant from the Federal Transit Administration (FTA), this solicitation and resulting contract shall be governed by applicable federal laws and regulations relating to third party contracting. This RFP is for the development and deployment of domestic streetcar vehicles for the City of Portland as identified herein in accordance with the requirements and provisions herein.

4. PROPOSAL TIMELINE The following dates are proposed as a timeline for this project:

1. GENERAL, TECHNICAL, AND SPECIAL PROVISIONS The successful Contractor will perform the tasks identified for this project. The Contractor shall be expected to work closely with designated City of Portland bureau personnel to accomplish the goals and perform the tasks as identified within Attachments A, B and C as attached hereto.

2. WORK PERFORMED BY THE CITY Bureau staff shall make available sufficient hours of staff personnel as is required to meet with the Contractor and provide such information as required. The Office of Transportation has assigned a project manager who will oversee the work and provide support as needed.

3. DELIVERABLES AND SCHEDULE Deliverables shall be considered those tangible resulting work products which are to be delivered to the Office of Transportation such as reports, draft documents, data, interim findings, drawings, schematics, training, meeting presentations, final drawings and reports.

All deliverables and resulting work products from this contract will become the property of the City of Portland.

4. PERIOD OF PERFORMANCE The City anticipates having the successful contractor begin work approximately in January 2007 with delivery of the prototype car to the City occurring 18 months after Notice to Proceed and delivery of final draft of all required manuals and drawings to the City occurring 24 months after Notice to Proceed. Proposals containing earlier completion of the contractor's work are acceptable and encouraged.

5. INSURANCE Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the Purchasing Agent or the Auditor. The successful Contractor(s) shall agree to maintain continuous, uninterrupted coverage of all insurance as required by the City. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without the 30-day written notice from the Contractor or its insurer(s) to the City. Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the Purchasing Agent or the Auditor (reference Attachment C, Section 1.1.16).

As evidence of the insurance coverages, the Contractor shall furnish acceptable insurance certificates to the City at the time contractor returns signed contracts. The certificate will specify all of the parties who are Additional Insured and will include the 30-day cancellation clause as identified above. Insuring companies or entities are subject to City acceptance. If requested, complete policy copies shall be provided to the City. The contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.

6. PUBLIC SAFETY Public safety may require limiting access to public work sites, public facilities, and public offices, sometimes without little advance notice. The Contractor shall anticipate delays in such places and include the cost of delay in the costs in its proposal. The Contractor’s employees and agents shall carry sufficient identification to show by whom they are employed and display it upon request to security personnel. City project managers have discretion to require the Contractor’s employees and agents to be escorted to and from any public office, facility or work site if national or local security appears to require it.

1. PRE-PROPOSAL MEETING There will be a pre-proposal meeting and site visit scheduled for this project on September 7, 2006, at a time and place in Portland OR to be announced, at which time any questions pertaining to this procurement may be discussed. This is a non-mandatory meeting, however it is recommended, but not required that prospective proposers have a representative attend this meeting, but proposal submission will not be contingent upon attendance at this meeting.

2. INVESTIGATION The proposer shall make all investigations necessary to inform itself regarding the work or services to be furnished.

3. MULTIPLE PROPOSALS A single proposer may submit more than one proposal. Each proposal shall be submitted separately and shall be complete by itself in all respects. Each proposal will be evaluated without reference to other proposals submitted by the same proposer. If two or more proposals submitted by the same proposer are determined to be within the competitive range, the City may negotiate with the proposer regarding all of them simultaneously.

4. QUESTIONS OR CLARIFICATIONS It shall be the proposers’ responsibility to ask questions, request changes or clarifications, or otherwise advise the City of Portland, Bureau of Purchases if any language, specifications or requirements of an RFP appear to be ambiguous, contradictory, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source.

Every attempt shall be made to ensure that the proposer receives an adequate and prompt response. However, in order to maintain a fair and equitable RFP process, all proposers will be advised, via the issuance of an addendum to the RFP, of any relevant or pertinent information related to the procurement. Questions and requests for clarification regarding this Request for Proposal must be directed in writing, via email or fax, to the person listed below at least fourteen (14) calendar days prior to the proposal due date. Therefore, proposers are advised that any questions received less than fourteen (14) calendar days prior to the RFP opening date may not be answered. Refer any questions to:

If, in the opinion of the Purchasing Agent, additional information or interpretation is needed by the proposers, an addendum will be issued. Any addendum or addenda issued by the Purchasing Agent, that may include changes, corrections, additions, interpretations, clarifications, or information, and issued seventy-two (72) hours or more before the scheduled closing time for filing bids, Saturday, Sunday, and legal holidays not included, shall be binding upon the proposer. City shall supply copies of such addenda to all proposers who have obtained copies and are on the plan holder list of the RFP documents for the purpose of responding thereon, but failure of the proposer to receive or obtain such addenda shall not excuse the proposer from compliance therewith if awarded the contract.

Each addendum will be posted to the City’s web site for the inclusion of all prospective proposers review. At the conclusion of the first phase of the solicitation process, any addendums thereafter will be issued only to those proposers who have been determined to be within the competitive range

5. CONTRACT REVIEW The Contract as attached hereto contains the terms and conditions that will govern this Contract between the City of Portland and the successful Contractor. The City of Portland is not inclined to negotiate any portion of this contract, however, if a proposer believes any of the terms and conditions contained in the City’s contract are unnecessarily restrictive, limit competition, or would like to request that specific terms and conditions contained in the contract document be considered for negotiation, they shall submit a written request for negotiation to the City at least seven (7) working days prior to the proposal due date as indicated above.

The request shall identify the specific provision the proposer would like to negotiate, an explanation of why the proposer believes the provision should be a negotiable provision, and the suggested revised language. Requests that are not submitted in this format may not be considered. Requests that state the entire contract be negotiated will not be considered. If the City decides that a contract term can be changed, or is willing to consider negotiation of a term, an addendum will be issued. If no addendum is issued, the City will not consider negotiation of its standard contract terms.

THIS IS THE PROPOSER’S ONLY OPPORTUNITY TO TAKE EXCEPTION TO ANY OF THE TERMS AND CONDITIONS CONTAINED WITHIN THE CONTRACT AND TO REQUEST THE NEGOTIATION OF PROVISIONS CONTAINED IN THE CONTRACT. ANY PROPOSAL WHICH TAKES EXCEPTION TO TERMS AND CONDITIONS OF THE SAMPLE CONTRACT THAT HAVE NOT BE IDENTIFIED BY ADDENDUM AS SUBJECT TO NEGOTIATION OR WHICH MAKES THE PROPOSAL CONTINGENT UPON ACCEPTANCE OR NEGOTIATION OF OTHER TERMS AND CONDITIONS SHALL BE DEEMED NON-RESPONSIVE AND THE PROPOSAL SHALL BE REJECTED.

6. ORAL INSTRUCTIONS Oral instructions or information concerning the RFP documents or the project given out by officers, employees, or agents of the City to prospective proposers shall not bind the City. Any changes or revisions to the specifications shall only be binding if issued in writing by the City by addendum. The City reserves the right to officially amend or cancel an RFP after issuance.

7. COST OF RESPONDING This Request for Proposal does not commit the City to pay any costs incurred by any proposer in the submission of a response, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the RFP.

8. PERMITS AND LICENSES The proposer shall include in their proposal the cost to obtain or maintain all permits, certifications and licenses that may be required to perform the contract.

9. CHANGES TO THIS RFP The City reserves the right to modify, revise or cancel this RFP. Receipt and evaluation of proposals or the completion of interviews does not obligate the City to award a contract.

1. PROPOSALS DUE By submitting a proposal, the proposer agrees to provide all services specified within the RFP, at the times and prices indicated, pursuant to all requirements and specifications as contained therein.

Sealed proposals must be received in this office no later than the date and time shown on the cover of this solicitation. The outside of the envelope shall plainly identify the subject of the proposal, the RFP number and the name and address of the proposer. However, Form 7, Price Proposal and all associated attachments, must be in a separate sealed envelope with the subject of the proposal, the RFP number and the name and address of the proposer also plainly identified. Responses received after time or date listed herein shall not be considered. Proposals received after the scheduled closing time for filing will be returned to the proposer unopened.

2. PROPOSAL Proposals must be written in the English language, using English units of measure and shall be clear and succinct. In explaining how the proposer intends to meet the requirements of this RFP, proposers are reminded that overly lengthy and wordy proposals are discouraged. Proposals should not include any unnecessarily generic or elaborate promotional materials. Proposers shall not submit extensive drawings, catalogs, parts lists or marketing brochures. Extraneous material beyond what is sufficient to present a complete and effective response to this RFP shall not be included. Overly lengthy and wordy proposals are discouraged. While there is no specific limitation to the number of pages in the proposal, the City may consider the clarity and length in its evaluation. Statements merely indicating that the proposer will meet specific requirements are not sufficient. Unless specifically noted to the contrary as an exception, the City assumes that the Proposer will meet all requirements and conditions. Proposals should be clear and concise and explain how the Proposer intends to meet the requirements of this Request for Proposal.

For purposes of review and in the interest of the City's Sustainable Paper Use Policy and sustainable business practices in general, the City encourages the use of submittal materials (i.e. paper, dividers, binders, brochures, etc.) that contain post-consumer recycled content and are readily recyclable. The City discourages the use of materials that cannot be readily recycled such as PVC (vinyl) binders, spiral bindings, and plastic or glossy covers or dividers. Firms are encouraged to print/copy on both sides of a single sheet of paper wherever applicable (if sheets are printed on both sides, it is considered to be two pages). Color is acceptable, but content should not be lost by black-and-white printing or copying.

All submittals will be evaluated on the completeness and quality of the content. Only those firms providing complete information as required will be considered for evaluation. The ability to follow these instructions demonstrates attention to detail.

3. PROPOSAL SUBMISSION For purposes of this proposal submission, one (1) complete original printed copy of the proposal shall be submitted along with six (6) copies and one (1) exact copy on a CD ROM. As part of the CD development, the proposer shall include on the CD the complete Technical Proposal in .pdf format. The Price Proposal shall NOT be copied to the CD. Price proposals shall be provided in a separate envelope and submitted along with their proposal. The entire proposal shall be received at the place and on or before the time and date specified on the first page of the proposal document.

4. CONFLICT OF INTEREST A proposer submitting a proposals thereby certifies that no officer, agent or employee of the City who has a pecuniary interest in this RFP, has participated in the contract negotiations on the part of the City, that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer of the same request for proposal, and that the proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

5. PROPOSAL ORGANIZATION The proposers must provide all information as requested in this Request for Proposal (RFP). Responses must follow the format outlined in this RFP. Additional materials in other formats, or pages beyond the stated page limit(s) may not be considered. The City may reject as non-responsive at its sole discretion any proposal or any part thereof, which is incomplete, inadequate in its response, or departs in any substantive way from the required format. Proposal responses shall be organized in the following manner:

Part I Cover letter (2 pages) - By submitting a response, the proposer is accepting the Proposal Terms and Conditions of this Request for Proposal (reference second page of the proposal). The Cover letter will serve as an introduction to the proposer and an overview of their proposal. The Cover Letter shall be addressed as indicated on the front page of this RFP and must state the name of the person(s) authorized to represent the offeror in any negotiations, the name(s) of the person(s) authorized to sign any contract that may result, the contact person’s name, mailing or street addresses, phone and fax numbers and email addresses. A legal representative of the successful firm, authorized to bind the firm in contractual matters must sign the Cover Letter and the Proposal. If appropriate, include firm’s City of Portland Business License number as well as the Equal Opportunity Employer (EEO) expiration date. No pricing information shall be included in the cover letter and it will be without any corresponding attachments.

Proposers will provide the required number of copies and CD of the following certificates and forms (copies of these forms can be found in Exhibit B of this RFP), which shall be organized with the cover letter in the following manner:

Form 4 - ` Certification of Primary Participant Regarding Debarment, Suspension and Other Responsibility Matters

Form 5 – Transit Vehicle Manufacturers (TVM) Certification of Compliance with Disadvantaged Business (DBE) Regulations

Part II As part of the proposal response, the proposer will provide the number of proposal copies as requested on the cover page of this proposal and the following: Proposals must include all information listed below, organized in three-ring binders, separated by section, and in the sequence indicated.

Sub-part A - Minimum Requirements - For sub-part A of the proposal, the Proposer shall provide detailed information to demonstrate they meet minimum threshold requirements of the RFP, as follows:

1. Form of Business and Proposer Ownership. Proposers shall provide information as to the ownership of the proposing business organization (i.e., sole proprietorship, partnership, limited liability company, corporation or other form of business organization). All owners or members must be listed for non-publicly traded corporations, partnerships, sole proprietorship, limited liability companies or other business organizations. For publicly traded companies, stock holders holding more than a 30% share of the outstanding voting shares must be listed. The applicable country of citizenship and share of each owner or member shall be listed with the owner or member’s name. Proposers must list the state or US possession in which the proposer is organized or, in the case of a sole proprietorship, where the principle place of business is conducted.

To be eligible to submit a proposal for this procurement, at least 50% of the proposing business organization must be owned by citizens of the United States. In addition, for publicly held corporations, any stock holders holding more than a 30% share of the outstanding voting shares must be US citizens. Proposers must be organized and authorized to do business in a state or possession of the United States.

2. Manufacturing History and Capability. Proposers shall provide with their proposal information relating to the location of their manufacturing facilities. Proposers shall provide narrative information describing in detail the manufacturing capabilities of the plant for manufacturing the subject prototype streetcar and any periods of shut-down since August 2003.

To submit a responsive proposal for this procurement, Proposers must have had an operating manufacturing facility located within one of the 52 states of the United States, Puerto Rico or the US Virgin Islands for the last three (3) years, i.e., since August 2003. Proposers with manufacturing facilities outside the United States and its possessions will only be deemed responsive if they have a licensing agreement (or other similar agreement regardless of title) with a manufacturer that has a US plant meeting this requirement. Under such licensing arrangements, the US manufacturer must be given full responsibility for the manufacture of the streetcar vehicles and the sole purpose of the licensing agreement is to allow the US manufacturer to use licensed designs for the subject vehicle. This requirement is intended to be more stringent than applicable Buy America provisions, but proposers will also have to comply with Buy America as stated elsewhere in this RFP.

Sub-part B - Vehicle Description - For Sub-part B of the Proposal, the Proposer shall provide the following:

2. The Proposer shall provide a detailed description of the compatibility of the proposed streetcar prototype with the existing Portland Streetcar System. The response should include, but not necessarily limited to, the following items:

a. Compatibility of major vehicle systems with existing Portland Streetcar Systems

b. Wayside compatibility, including rail gauge, bridgeplates dimensions and location, floor heights, vehicle width, vehicle length, vehicle dynamic envelope

3. Conceptual design drawings of the proposed vehicle, indicating all pertinent dimensions, including:

These conceptual design drawings are intended to represent a general understanding of the requirements of the Technical Specifications and are not intended to represent precise design for initiation of the design review process.

5. Evidence of service proven design for systems and components as required by Technical Specifications 2.

6. A narrative proposal that addresses how the Proposer intends to meet or exceed the requirements of Technical Specifications 3, Car Body and Interior and Exterior Appointments, including the approach used to achieve the carbody structural design load requirements.

7. A narrative proposal, which addresses how the Proposer intends to meet or exceed the requirements of Section Technical Specifications 4, Operator Cab, including operator cab area plan and elevation drawings.

8. A narrative proposal that addresses how the Proposer intends to meet or exceed the requirements of Technical Specification 5, Passenger Doors and Bridgeplates.

9. A narrative proposal that addresses how the Proposer intends to meet or exceed the requirements of Technical Specification 6, Heating, Ventilation and Air Conditioning.

10. A narrative proposal, which addresses how the Proposer intends to meet or exceed the requirements of Technical Specification 8, Auxiliary Systems, including a block diagram showing the proposed auxiliary power generation and distribution.

11. A narrative proposal addressing how the Proposer intends to meet or exceed the requirements of Technical Specification 9, Traction Equipment & Controls.

12. A narrative proposal that addresses how the Proposer intends to meet or exceed the requirements of Technical Specification 10, Trucks, including General Arrangement drawings of the proposed trucks and a description of the proposed wheels and axles.

13. A narrative proposal addressing how the proposer intends to meet or exceed the requirements of Technical Specification 11, Friction Brake System.

14. A narrative proposal that addresses how the proposer intends to meet or exceed the requirements of Technical Specification 12, Vehicle Communications.

Sub-part C – Exceptions – In sub-part C of the proposal, the proposer shall list exceptions, deviations or substitutions from specification requirements. "Proposers may list exceptions to the requirements of the specifications. However, the listing of exceptions is at the proposers own risk and, depending on the nature of the exception, may result in finding that the proposal is non-responsive. If the exceptions do not make the proposal non-responsive, such exceptions may result in a lower score. The scoring and treatment of exceptions in the City's sole discretion."

The schedule for this contract is aggressive; therefore the City is seeking a vehicle that is as close to a service-proven vehicle as possible. The City requests that the proposers review the Technical Specifications carefully and point out, using exceptions, every requirement that is not met by the service-proven vehicle being proposed.

Sub-part D - System Support Plan – In sub-part D of the proposal, the proposer shall provide a preliminary plan and approach for on-site support during delivery, testing and the warranty period, manuals, training and spare part provisioning. The price for the System Support shall be presented as a lump sum in the space provided on Form 7 – Price Proposal.

1. System Support - The proposer shall include a listing of the component costs of the System Support as outlined by proposer in sub-part D of this Proposal. The listing shall be in sufficient detail to allow for an understanding of the key components and their costs. This detail shall be attached to Form 7.

2. Spare Parts, Special Tools and Test Equipment - The proposer shall include a detailed listing of the spare parts, special tools, and test equipment that the City should purchase as part of this procurement. The list shall include everything recommended by the proposer that will allow for continued operation of the streetcar in regular revenue service. This detail shall include prices for each item listed, and shall be attached to Form 7. The total cost for these items shall be included in the space provided on Form 7.

NOTE: The cost of spare parts, special tools and test equipment is not subject to the $3.2 million Price Proposal limitation and should not be included in the Base Contract Price. These costs will, however, be considered in the evaluation of the overall cost proposals.

Sub-part E - Management Approach and Schedule – for sub-part E of the proposal, the proposer shall provide the following:

1. A narrative proposal that addresses the proposers’ management plan for the design, manufacture and assembly of the prototype Streetcar. Special consideration shall be given to the contract schedule. Proposals should include suggested measures and methods to assure excellent communication with the City and City representatives, schedule adherence and quality throughout the design, manufacture, assembly and testing process.

2. A narrative proposal that outlines the proposed process for design development, design review and design approval.

3. A complete organizational chart showing the proposers team, including major sub-contractors. Include resumes for key personnel listed in the organization chart.

4. A manufacturing plan indicating plants and locations for manufacture of major components and for final assembly and including a description of manufacturing capabilities.

5. A comprehensive schedule showing key milestones in the design manufacturing, assembly and testing of the prototype streetcar. The proposer should refer to the Estimated Payment Schedule and the Delivery Schedule in developing its proposed schedule.

6. Note that Technical Specification 17 of the Technical Specifications requires that the Contractor provide a Management Plan and Project Schedule for City’s review and approval after Notice to Proceed is given. The proposal submittals required by this RFP are conceptual in nature, intended to represent a general understanding of the requirements of the Technical Specifications and demonstrate the proposers’ ability to properly perform this project. They are not intended to represent the detailed submittals required by the Technical Specifications for initiation of the design review process.

Sub-part F - Testing And System Assurance Approach – In sub-part F of the proposal, the proposer shall provide the following:

3. Description of the approach applied by the proposer to the incorporation of safety considerations in its design.

Sub-part G – Qualifications, Experience and Past Performance - For sub-part G of the proposal, the proposer shall provide the following:

1. A narrative describing the proposers capacity to perform the work under this contract. The capacity information should include annual volume figures for the past five (5) years, facility and resource capabilities, and a listing of current commitments and ongoing projects. Also include a narrative describing the proposers’ experience in successfully and responsibly completing projects that include federal resources as all or a part of the funding.

2. List and describe 3-5 projects performed within the last 10 years that best reflect the proposers’ experience and expertise gained on technically complex projects, including the following information for each project listed:

Sub-part H – Payment and Price Proposal - The Price Proposal form shall be submitted in a separate envelope and included with the RFP response. Six (6) copies and one original of the proposer’s Price Proposal as detailed in Form 7. In addition, the proposer shall either, 1) indicate acceptance of the Estimated Payment Schedule, or 2) propose a different delayed or accelerated payment schedule. This acknowledgement or proposed alternate payment schedule shall be attached to Form 7.

As described in Part I of this RFP, the funding for the purchase of the prototype is from a federal grant over a period of four federal fiscal years. Consequently, payments, as outlined in the Estimated Payment Schedule below, will be made to the Contractor by the City only if funds are appropriated by Congress and delivered to TriMet and the City through a grant agreement with the Federal Transit Administration (FTA). Of the $4 million federal funds authorized for the prototype project, the City has determined that no more than eighty percent (80%), or a maximum of $3.2 million, will be allocated to payment to a Contractor for design manufacturing, testing, system support, and any other costs associated with production and delivery of the prototype streetcar. NOTE: Price Proposals with a Total Base Contract Price in excess of $3.2 million will not be considered.

1. Payment Schedule - The Estimated Payment Schedule is based on an assumed flow of funds to TriMet and the City in four federal fiscal years, and the anticipated timing of payments to the TriMet and the City through the federal grant. The timing and amount of all payments shall be subject to Congressional appropriation, grant agreements and granting of funds by the FTA.

Fed

Description

Cumulative % of

Total Contract Amount

FY 2005-2006

Five (5) percent following issuance of Notice to Proceed

Five (5) percent following completion of subcontractor and sub supplier contracts

10%

Fifteen (15) percent following design approval

25%

FY 2006-2007

Five (5) percent following approval of carbody testing

30%

Ten (10) percent following assembly and painting of carbody

40%

Ten (10) percent following FAI of key components and systems

50%

FY 2007-2008

Fifteen(15) percent following delivery of car to Portland Maintenance Facility

65%

Ten (10) percent following successful completion of six months of testing on Portland tracks

75%

FY 2008-2009

Fifteen (15) percent following successful completion of next six months testing

90%

Ten (10) percent following final acceptance

100%

The timing and amount of funding available to make payments under the contract will be determined each year by the City, as appropriations and grants are approved by the federal government. Payments for the prototype streetcar under the contract will not exceed 80% of funds appropriated and granted in any given year. The exception is year one of the contract. For federal fiscal year 2005-2006, Congress has appropriated $990,000. Subject to award of a final grant in this amount from the FTA, TriMet and the City have determined the allocation of funds in the first year for the prototype vehicle will be $800,000.

As all contract payments are “subject to appropriation”, as described above, and spread over four (4) years in uncertain amounts, Proposers shall indicate their willingness to accept the risk and financing responsibility associated with the timing and amount of payments and the uncertainty of the appropriations. In the event any of the appropriations are not secured by the FTA, if the amount of any appropriation is less than $1 million, or if the FTA does not award the grant funds to TriMet and the City for any reason, Section 1.14 TERMINATION FOR CONVENIENCE as set forth in ATTACHMENT A GENERAL CONDITIONS shall apply.

2. Option - The City desires to obtain pricing to purchase one (1) additional prototype streetcar. This price shall be included as provided for on Form 7, but shall not be considered in the evaluation of Price Proposals.

PART III - Price Proposal Form - All prices shall be indicated on the form provided in this Request for Proposal as Form 7- Price Proposal. All blank spaces shall be filled in and no changes shall be made in the wording of the forms. All prices shall be presented in U.S. dollars and shall be typed or clearly written in ink. All prices in the Price Proposal shall remain valid for a period of one hundred eighty (180) days after the Proposal due date. Form 7 must returned in a separate envelope and must include all of the attachments as described on the form.

6. NON-COLLUSION AFFIDAVIT A Non-Collusion Affidavit is material to any contract awarded. According to the Oregon Public Contracts and Purchasing Laws, ORS 279B.100, a public contracting agency may reject any or all bids upon a finding of the agency that it is in the public interest to do so. All proposers are required to submit the attached Non-Collusion Affidavit with their proposal. This form shall be filled out, signed by the proposer and notarized. The City finds that it is in the public interest to require the completion of a Non-Collusion Affidavit by potential contractors. Failure to file an Affidavit in compliance with these instructions may result in disqualification of the bid.

7. WITHDRAWAL, MODIFICATION OR ALTERATION OF PROPOSAL Prior to the RFP opening, changes may be made provided the change is initialed by the proposer or authorized agent. Also, a proposal may be withdrawn upon written request of the proposer prior to the scheduled closing time for accepting proposals. Negligence on the part of the proposer in preparing their proposal confers no right to withdraw their response after the scheduled closing time for filing proposals.

As a result of any of these actions, if the intent of the proposer is not clearly identifiable, the interpretation most advantageous to the City will prevail.

8. LATE PROPOSALS Any proposal received after the scheduled closing time for filing will be returned to the proposer unopened. Due to heightened security measures in the Portland Building, proposers should allow extra time when delivering bids to the Bureau of Purchases. Delays due to mail handling, including, but not limited to, the City's internal mail handling, will not excuse late delivery of a Proposal. Proposals received after the exact date and time set forth in this RFP may be rejected. It is the responsibility of the proposer to ensure their proposal is submitted in the proper form and in accordance with the time, date, and location specified in the RFP.

9. CANCELLATION The City of Portland reserves the right to modify, revise or cancel this RFP. Receipt and evaluation of proposals or the completion of interviews do not obligate the City to award a contract.

10. REJECTION OF PROPOSALS The City reserves the right to reject any or all responses to the Request for Proposal if found in the City’s best interest to do so. In the City’s discretion, litigation between the City and a proposer shall be cause for proposal rejection, regardless of when that litigation comes to the City’s attention and regardless how the proposer’s proposal may have been scored. Proposals may also be rejected if they use subcontractors who are involved in litigation with the City. Proposers concerned about possible rejection on this basis should contact the City before submission of a proposal for a preliminary determination of whether its proposal will be rejected.

11. CONFIDENTIALITY All information submitted by proposers shall be public record and subject to disclosure pursuant to the Oregon Public Records Act (ORS 192.410 et seq.), except such portions of the proposals for which proposer requests exception from disclosure consistent with Oregon Law. Any portion of a proposal that the proposer admits constitutes a “trade secret” or is “confidential” must meet the requirements of ORS 192.501(1) and ORS 192.502(4).

If a request to inspect the proposal is made, the City will notify the proposer of the request. If the City refuses to release the records, the proposer agrees to provide information sufficient to sustain its position to the District Attorney of Multnomah County, who currently considers such appeals. If the District Attorney orders that the record be disclosed, the City will notify the proposer in order for the proposer to take all appropriate legal action. The proposer further agrees to hold harmless, defend and indemnify the City for all costs, expenses and attorney fees that may be imposed on the City as a result of appealing any decision regarding the proposers records.

1. PROPOSAL CRITERIA Each proposal shall be evaluated on the following evaluation criteria, weighting, and maximum points, as follows:

Part	Component	Value	Authority/Action
I	Review for Responsiveness, Mandatory Requirements, including forms, and Total Base Contract Price within maximum allowed	Pass/Fail	Elevate to Part II if found to be responsive [Bureau of Purchases and Project Manager]

	Sub-parts A-D Proposed product per the requirements identified herein as demonstrated by completeness, clarity, and credibility of the Proposal; adherence to the Request for Proposal; and assessment of ex-ceptions, if any	40 Points
II	Sub-part E Management Approach and Schedule	10 Points	Highest scored proposals elevated to Part III [Evaluation Team]
	Sub-part F Testing and System Assurance Approach	10 Points
	Sub-part G Qualification, Experience and Past Performance	10 Points
	Sub-part H Payment Schedule	10 Points
	Part II Subtotal	80 Points

III	Payment and Price Proposal	20 Points	BAFO
	Part II Subtotal	20 Points

A. Proposals will be opened and reviewed for compliance with the RFP by the Bureau of Purchases and the Project Manager. Any proposer not meeting the minimum threshold requirements will be deemed non-responsive and not evaluated further. Proposals that meet the minimum threshold requirements will be evaluated by the evaluation committee pursuant to criteria as outlined in Section A.1, Part II. The evaluation committee may include outside technical advisors.

B. Following evaluation as provided in Part II, the evaluation committee will evaluate the proposed cost as provided by the Proposer on Form 7. The lowest proposed price will be assigned a Price Score of twenty (20) points. All other Price Proposals will be prorated by the following formula:

The Technical Score (Part II) and Price Score (Part II) will be combined to form the final score for each Proposer.

C. After scoring is completed, the City will select two (2) proposals receiving the highest score for further consideration. However, the City reserves the right to increase or decrease this competitive range as may be required, based on whether it appears to the City that such proposals have a reasonable chance of being selected for contract award.

D. The City may decide to conduct oral interviews with proposers in the competitive range. If oral interviews are determined to be necessary, the initial scoring will be considered preliminary. Final scores, based on the same evaluation criteria, will be determined following the interviews.

F. The City of Portland may also exercise one of the following options, either with or without oral interview:

1. The City may conduct serial negotiations, beginning with the highest scoring proposer. Such negotiations could lead to an award of a contract or the City may decide within a reasonable period of time to terminate the negotiations if it determines that negotiations are unlikely to result in an acceptable contract to the City. If negotiations are terminated, the City may cancel the solicitation or proceed to negotiate with the next highest scoring proposer in the same manner. If negotiations are terminated, the City will then follow the same procedure in the order that scores were determined until a contract acceptable to the City has been negotiated, or the City may cancel the solicitation; or

2. Conduct simultaneous competitive negotiations with the two (2) highest scored proposers. Such negotiations could lead to an award of a contract or the City may decide within a reasonable period of time to terminate the negotiations with either or both when, in the City’s sole discretion, it determines that negotiations are unlikely to reach a contract acceptable to the City. If negotiations are terminated with one (1) or both proposers, the City will then follow the same procedure in the order that scores were determined until a contract acceptable to the City has been negotiated, or the City may cancel the solicitation; or

3. The City may permit proposers in the competitive range to develop revised responses and present a Best and Final Offer to the City. In proceeding with this option the City will follow the requirements of PCC 5.33.215 regarding discussions, negotiations and if desired, best and final offers.

G, The City reserves the right to investigate the qualifications of all proposers under consideration and to confirm any part of the information furnished by a proposer, or to require other evidence of managerial, financial or technical capabilities which are considered necessary for the successful performance of the work. At any time during negotiations or prior to award of contract, City may also wish to visit proposers’ facilities or examine vehicles in service, and proposers may be required to arrange such visits.

3. SINGLE PROPOSER If only one (1) proposal is received, the City may conduct an analysis of the proposal to assess whether the prices offered by the proposer are fair and reasonable. A price analysis is the process of examining and evaluating a prospective price without evaluation of the separate cost elements. A cost analysis includes the appropriate verification of cost data, the evaluation of specific elements of cost, and the projection of the data to determine the effect on price. If so requested by City, the proposer shall promptly submit cost data and related information on a form provided by The City. The City may choose to have auditors perform an audit of the proposers cost data, and the proposer shall cooperate with The City and make personnel and cost information available to the auditors. Permissibility of costs will be determined in accordance with the Cost Standards contained in the Federal Acquisition Regulations. The City may negotiate with the single proposer and request a revised Best and Final Offer, before requesting detailed cost data for a cost analysis.

4. PRE-AWARD BUY AMERICA CERTIFICATION TriMet and the City are required by 49 CFR 663 to certify to FTA that a pre-award audit has been performed and that compliance with Buy America requirements has been verified.

After a proposer has been selected for award and a Notice of Intent to Award has been posted on the Bureau of Purchases web site, the proposer shall provide cost information of sufficient detail to allow an auditor to determine that federal Buy America requirements are met. Cost information shall be submitted by the proposer and by the proposers’ sub-contractors to an auditor selected by the City. The City may choose to use its internal auditor to perform this audit. To assure confidentiality, the auditor’s report will contain only summary data, not cost and pricing data of individual components. All cost information submitted by the proposer will be confidentially retained by the auditor.

The proposer shall cooperate with the City and its auditors by providing all documentation pertaining to the Buy America requirements as is reasonably required to allow the completion of an audit in sufficient detail to enable the City to certify compliance in the manner set forth in 49 CFR 663.25. Within fourteen (14) calendar days following the Notice of Intent to Award, the proposer shall provide the City's auditor with all such information, records, and data as is reasonably required by the auditor to complete the Buy America audit. Information provided about the actual cost of components and subcomponents (other than costs expressed as a percentage of total vehicle cost) shall be kept confidential to the extent cost data is clearly marked as proprietary by proposer, and to the fullest extent permitted under applicable state or federal law.

Upon receipt by the City of all required documentation and submittals, including an acceptable Corporate Guaranty (reference III.B.5 as follows), satisfactory results from the Buy America Pre-Award Audit, and the signed contract, the City will execute the contract, and issue a written Notice to Proceed, pending availability of federal funding.

Execution of the contract for work under this RFP is at the City’s discretion and contingent upon the availability of adequate funding to the City as described within this RFP.

5. CLARIFYING PROPOSAL DURING EVALUATION PERIOD During the evaluation process, the City has the right to require any clarification or change it needs in order to understand the proposers view and approach to the project and scope of the work. Any changes to the proposal will be made before executing the contract and will become part of the final contractor contract.

6. AWARD REVIEW AND PROTEST PROCEDURE REVIEW Proposers who are excluded from the Competitive Range or are excluded from any subsequent stages of this procurement must file a written protest in accordance with PCC 5.33.720 within seven (7) days after the proposer was excluded from participating further in this Procurement.

The Bureau of Purchases shall post a Notice of Intent to Award to the successful Proposer. The Notice of Intent to Award shall be posted both on the Bureau’s Internet Web Page, and in the Bureau of Purchases office location at 1120 SW 5^th Avenue, Room 750, Portland, Oregon 97204. If the proposed contract exceeds $500,000, the Notice of Intent to Award shall also be mailed to each remaining proposer.

A Proposer who was not earlier excluded from the procurement and who is adversely affected or aggrieved by the award of contract or evaluation decision shall have seven (7) days after the issuance of the “Notice” to file a protest in accordance with PCC 5.33.740. A protest is not valid if the proposer would not be eligible to be awarded a contract if its protest were upheld. The Purchasing Agent will review any protest and issue a written decision. Whether there are further appeal processes depends on the discretion of the Purchasing Agent.

1. CONTRACTOR SELECTION Subject to the City’s ability to reject all proposals in its discretion, the City will award a contract to the proposer submitting the highest scoring responsive proposal with whom negotiations were successfully completed. The Contractor selection process will be carried out under Portland City Code, Chapter 5.33.

2. CONTRACT DEVELOPMENT The proposal and all responses provided by the Contractor may become a part of the final contract. The form of contract shall be the City's Contract for Services.

3. NOTICE OF INTENT TO AWARD A notice of intent to award posted on the Bureau of Purchases website does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing any equipment, suppliers and/or services, the contractor must receive a properly authorized purchase order or contract.

4. ASSIGNMENT OF ANTI-TRUST RIGHTS By entering into a contract, the Contractor, for consideration paid to the contractor under the contract, does irrevocably assign to the City of Portland any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future, including, at the City’s option, the right to control any such litigation on such claim for relief or cause of action, by reason of violation of the right to control any such litigation on such claim for relief or cause of action, by reason of violation of 15 USC SS 1-15 or ORS 646.725 or ORS 646.730, in connection with any goods or services provided to the Contractor by any person, which goods or services are used, in whole or in part, for the purpose of carrying out the contractor’s obligation under this contract.

In the event the Contractor hires subcontractors to perform any of the Contractor’s duties under the contract, the Contractor shall require the subcontractor to irrevocably assign to the City of Portland, as a third party beneficiary any right, title or interest that has accrued or may accrue to the subcontractor by reasons of any violation of 15 USC SS 1-15, ORS 646.725 or ORS 646.730, including, at the City’s option, the rights to control of any litigation arising thereunder, in connection with any goods or services provided to the subcontractor by any person, in whole or in part, for the purpose of carrying out the subcontractor’s obligations as agreed to by the Contractor in pursuance of the completion of the contract.

In connection with this assignment, it is an express obligation of the contractor that it will take no action, which will in any way diminish the value of the rights conveyed or assigned hereunder to the City of Portland. It is an express obligation of the Contractor to advise the City Auditor or the Office of the City Attorney of Portland, Oregon:

a. In advance, of its intention to commence any action on its own behalf regarding such claims for relief or causes of action;

b. Immediately, upon becoming aware of the fact that an action has been commenced on its own behalf by some other person or persons, of the pendency of such action; and

b. The date on which it notified the obligor(s) of any such claims for relief or causes of action of the fact of its assignment to the City of Portland.

Furthermore, it is understood or agreed that in the event that any payment under such claim is made to the Contractor, it shall promptly pay over to the city of Portland its proportionate share thereof, if any, assigned to the State hereunder.

5. FAILURE TO EXECUTE CONTRACT Failure on the part of the proposer to whom a contract is awarded to execute the contract and deliver the contract and required documents with the required bonding and insurance certificates within twenty (20) calendar days shall be just cause for cancellation of the award and withdrawal of the contract. Award may then be made to the next highest scoring proposer with whom negotiations are successfully completed. Alternatively, the City may take any other action in it best interests.

CITY OF PORTLAND, OREGON, 1120 SW Fifth Ave., Portland, Oregon 97201, by and through its duly authorized representatives (City)

I. This Contract consists of this document and the Contract Documents hereafter described which are, by this reference, incorporated herein.

(b) The General Conditions, dated _____________________, attached hereto as Attachment A;

(f) The Contractor’s Proposal [as submitted or as modified during any negotiations];

(g) The conditions applicable to public contracts as required by Oregon law attached as Appendix A; and

III. In consideration for the payment by the City of the Contract Amount, the Contractor agrees to provide all services and materials as indicated in the Contract Documents.

IV. In consideration of these promises, the City hereby agrees to pay the Contractor for all work performed under this contract in accordance with the Contract Documents.

ADDENDA RECEIVED

Addendum No.		Date Received:
Addendum No.		Date Received:
Addendum No.		Date Received:
Addendum No.		Date Received:
Addendum No.		Date Received:
Addendum No.		Date Received:
Addendum No.		Date Received:
Addendum No.		Date Received:
Addendum No.		Date Received:

If none received, write "None Received":

Form 4: Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters

Form 5: Transit Vehicle Manufacturers (TVM) Certification of Compliance with Disadvantaged Business (DBE) Regulations

This procurement is subject to the provisions of 49 CFR Section 23.67. Accordingly, the following certification must be completed and submitted with the proposal, as a condition of responding. A proposal that does not include the certification will not be considered.

CONTRACTORS ARE REQUIRED, PURSUANT TO FEDERAL LAW, TO INCLUDE THE ABOVE LANGUAGE IN SUBCONTRACTS OVER $100,000 AND TO OBTAIN THIS LOBBYING CERTIFICATE FROM EACH SUBCONTRACTOR BEING PAID $100,000 OR MORE UNDER THIS CONTRACT.

The Total Base Contract amount includes any and all financing or other costs associated with the estimated Payment Schedule presented in PART II PROPOSAL DEVELOPMENT SECTION B. PROPOSAL SUBMISSION Paragraph 5 Proposal Organization Part II Sub-Part H Payment and Price Proposal or Proposers alternate schedule attached hereto. Proposer understands, acknowledges and accepts all risks associated with the detail of the payment schedule and that fact that all payments are subject to the timing and amount of congressional appropriation of federal funds, grant agreements and other details described herein.

See PART II PROPOSAL DEVELOPMENT SECTION B. PROPOSAL SUBMISSION Paragraph 5 Proposal Organization Part II Sub-Part H Payment and Price Proposal for requirements.

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

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

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

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

▪ Pursuant to ORS 279B.235(1), in every public contract the contractor shall pay employees for overtime work performed under the public contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et.seq.)

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

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

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

▪ Pursuant to ORS 279C.520, no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279C.100, the employee shall be paid at least time and a half pay for all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or for all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and for all work performed on Saturday and on any legal holiday specified in ORS 279C.540. The contractor shall give notice to employees who work on a public contract in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. In the case of contracts for personal services as defined in ORS279C.100, an employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime. Persons employed under contracts for services shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540 (1)(b)(B) to (G) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater. The contractor shall give notice to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

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

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

▪ Pursuant to ORS 279C.830 (2), in a public works contract subject to ORS 279C.800 to 279C.870 the Contractor shall pay fee is required to be paid to the Commissioner of the Bureau of Labor and Industries as provided in ORS 279C.825(1). . The fee shall be paid to the Commissioner pursuant to the administrative rule of the Commissioner.

Pre-proposal conference	September 7, 2006
Written proposals due at 4:00 p.m.	October 12, 2006
Announcement of short list Proposers	October 23, 2006
Negotiations with proposers	October – November, 2006
Request for Best & Final Offers	November 30, 2006
Best & Final Offers due	December 22, 2006
Notice of Intent to Award	January 5, 2007
Notice to Proceed	TBA

No.	Qty.	Description of Item	Price
1.	1	Prototype Streetcar	$
2.	Lump Sum	System Support	$
3.		TOTAL BASE CONTRACT PRICE (Sum Items No. 1 and 2)*	$

Signature:
Name (Print)
Title:

Signature:
Name (Print)
Title:

Signature:
Name (Print)
Title:


	Signature of Applicant's Attorney		Date