20-121-G Water Meter Boxes and Lids Final.pdf

RFP 21-021-G Water Meter Boxes and Lids

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Water Meter Boxes and Covers

RFP No.: 21-121-G Closing Date: July 27, 2021 Time: 2:00 PM PT

Description: Water Meter Boxes and Covers

Purchasing Supervisor: Sarah Gorsegner Phone: (541) 685-7348 Purchasing Analyst email: sarah.gorsegner@eweb.org

Prebid Conference: NO

SEALED PROPOSALS will be received until the closing date and time noted above by the EWEB PURCHASING OFFICE at:

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with Purchasing Supervisor.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Request for Proposal process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Analyst listed above, unless otherwise stated in Part 2 “Special Terms and Conditions”. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Analyst listed above. EWEB’s official response to any questions or requests will be in writing through direct letters or the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Proposers”

TABLE OF CONTENTS

Section Description Page

1 Instructions to Proposers

2 Insurance Requirements

3 Background/Objectives/Scope of Work

4 Specification and Accepted Standardized Materials List

5 Evaluation Criteria

6 Evaluation Process & Contractor Selection

7 Proposal Form

Attachments

A Standard Terms & Conditions for the Purchase of Goods Contract

B Proposer Residency Information

Exhibits

1 Sample Contract

LEGAL ADVERTISEMENT

RFP #21-121-G

Water Meter Boxes and Covers

The Eugene Water & Electric Board (EWEB) requests proposals for Water Meter Boxes and Covers.

Proposals shall be submitted to Sarah Gorsegner, Purchasing Supervisor, Purchasing Office, 2nd Floor, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 2:00 PM, July 27, 2021. Proposals will not be accepted after this hour and date.

RFP documents may be obtained from the Purchasing Department at the address above, by calling (541) 685- 7500, or you may download the RFP documents from the State of Oregon's bid site ("ORPIN"):

https://orpin.oregon.gov. (For navigation help, contact the Purchasing Analyst.)

All proposals shall be submitted as set forth in Section 1 - Instructions to Proposers. EWEB is not responsible for proposals submitted in any manner, format or to any delivery point other than as required by the Solicitation Document.

No proposal may be withdrawn after the hour set for the opening thereof until the elapse of thirty (30) days from the date and time set for opening.

EWEB reserves the right to waive any or all informalities and irregularities; may cancel the Request for Proposals;

and may reject any or all proposals pursuant to EWEB Rule 3-0640.

Dated this 6 day of July, 2021

Sarah Gorsegner Purchasing Supervisor https://orpin.oregon.gov/

1. INSTRUCTIONS TO PROPOSERS

All proposals and contracts are subject to the provisions and requirements of the Oregon Revised Statutes 279A and 279B and EWEB Public Contracting Rules Divisions 1, 2, 3 and 6.

PROPOSAL PREPARATION

1.1 PROPOSAL FORMAT

Proposals shall be typewritten or prepared in ink and shall be submitted on the form provided in the Request for Proposals.

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments (Bidder Residency Information, Independent Contractor Certification, etc.) shall be submitted with the proposal and in the required format.

1.3 PROTEST OF REQUIREMENTS OR SPECIFICATIONS / REQUEST FOR CHANGE

Proposers may submit a written protest of any provision or specification contained in an RFP and may request a change to any provision or specification contained in an RFP, no later than 5 p.m. on the day which is seven (7) calendar days prior to the date Proposals are due, unless a different deadline is indicated in the

RFP.

Each protest and request for change must include: the reasons for the protest or request; any and all evidence and documented, factual information that supports proposer's protest; and any proposed changes to the RFP provisions or specifications. A Proposer may submit a protest, in writing to:

Eugene Water & Electric Board, Sarah Gorsegner, 4200 Roosevelt Blvd., Eugene, Oregon 97402.

Envelopes containing proposal protests shall be marked as follows:

RFP #21-121-G: REQUIREMENT(S) PROTEST

ATTN: Sarah Gorsegner, Purchasing Supervisor

EWEB will not consider any protest or request for change that is received at any time after the deadline.

Proposers must exhaust all administrative remedies before seeking judicial review.

1.4 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b)

Proposers may include in their response, proposed contractual terms and conditions that relate to the subject matter reasonably identified in the RFP. Proposers may not protest or request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your firm’s terms and conditions, standard contract, master services agreement, etc.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions.

NO PROPOSED TERMS OR CONDITIONS SHALL BECOME A PART OF THE AWARDED CONTRACT UNLESS

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.5 SIGNATURE ON PROPOSAL

Proposals shall be signed by an authorized representative of the Proposer. Signature on a proposal certifies that the proposal is made without connection with any person, firm or corporation making a proposal for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a proposal also certifies that the Proposer has read, fully understands and agrees with all solicitation requirements, terms and conditions. No consideration will be given to any claim resulting from bidding without fully comprehending all requirements of the Request for Proposals.

Proposers shall only enter information within the bid document where it is requested or required. Proposers shall NOT make any alterations to the Original Solicitation Document. Any bid that has been altered may be rejected.

1.6 PREPARATION COSTS

Pursuant to Rule 3-0640, EWEB may cancel, reject in whole or in any part any bids or proposals, without liability incurred by EWEB at any time after issuing an RFP or RFQ, if EWEB believes it is in EWEB’s interest to do so. Proposers responding to either RFPs or RFQs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs and RFQs, which includes, but is not limited to: submittal preparation, submittal, travel, expenses, interviews, presentations, or evaluation of any proposal.

1.7 RESERVED

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(A) Proposals, containing a minimum of one (1) original signed proposal response including any addenda which require signature, minimum of one (1) original signed proposal response including any addenda which require signature shall be received by the EWEB Purchasing department prior to bid closing. To ensure that your proposal receives priority treatment within our mailing system, your proposal should be labeled with the following information:

RFP #21-121-G: Water Meter Boxes and Covers DUE: July 15, 2021, 2:00 PM PST

Proposals may be submitted in the following manner and to the following addresses listed on first page of the Request for Proposal:

RFP # 21-121-G

Attn: Sarah Gorsegner, Purchasing Office 4200 Roosevelt Blvd.

Eugene, OR 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with Purchasing Supervisor.

Proposals shall be received and date and time-stamped by the EWEB Purchasing Office prior to Proposal closing date and time. No Proposal received after the closing date and time will be considered. EWEB is not responsible for technical issues that delay receipt of proposals.

(B) REQUIRED PAGES & CONTENT OF PROPOSAL

Proposer MUST complete, sign, and return the following pages with their RFP response:

• CONTRACTUAL ACCEPTANCE: Statement accepting ALL terms and conditions contained in this solicitation. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.4

• TERMINATION FOR DEFAULT: Proposers shall indicate if they have had a contract terminated for default in the last five years.

Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of proposers past performance.

• RESPONSE TO ALL EVALUATION CRITERIA (SECTION 5)

• SECTION 7 - Proposal Form

• ATTACHMENT B - Bidder Residency Information

• HARD COPIES of all proposal documents as detailed in Section 1.8.

1.9 ADDENDA

Any VERBAL communication cannot and shall not be construed as approval of the acceptability of any deviation to any requirement. All changes to requirements and/or the solicitation documents will be made in the form of Addenda. The Proposer is responsible for ensuring that all addenda have been received and are acknowledged in their RFP Response.

1.10 PROPOSAL MODIFICATION

Modifications or erasures made before proposal submission shall be initialed by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers may not modify proposals after bid closing date and time.

1.11 PROPOSAL WITHDRAWALS: Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the EWEB Purchasing Office prior to RFP closing time. Proposals may also be withdrawn in person before RFP closing time upon presentation of appropriate identification.

1.13 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.3

PROTEST OF REQUIREMENTS OR CONTRACT TERMS / REQUEST FOR CHANGE. Exceptions submitted with your proposal, or in any manner other than the process provided herein, may cause your proposal to be ruled non-responsive and rejected.

1.14 ALTERNATE PROPOSALS

Proposers may submit more than one proposal. All proposals must comply with the requirements of the RFP except that additional proposals may incorporate, by reference, repetitive information which is provided in the complete proposal.

1.15 PROPRIETARY DATA/PUBLIC RECORD

This Request for Proposal, together with copies of all documents pertaining to the award of a contract, shall be kept by EWEB 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 a trade secret under ORS 192.345(2), each sheet of such information shall be marked with the following legend:

"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 Chapter 192."

The Oregon Public Records Law exempts from disclosures 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.

The above restriction may not include cost or price information, which shall be open to public inspection.

1.16 CONTRACT NEGOTIATIONS

EWEB will begin negotiating a Contract with the highest ranked responsive and responsible proposer. A sample contract is included as Exhibit A that will be used as the basis for negotiation. EWEB shall direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The contract price as it is affected by negotiating the statement of work; and

c) Any other terms and conditions as requested in the proposal response as outlined in the Instructions to

Proposers, Item 1.4.

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the highest ranked responsive and responsible proposer if it reasonably believes that:

a) The proposer is not discussing or negotiating in good faith; or

b) Further discussions or negotiations with the proposer will not result in the parties agreeing to the terms and conditions of a final contract in a timely manner.

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest responsive and responsible proposer and continue the process until EWEB has determined to award the contract to the proposer with whom it is currently discussing or negotiating. EWEB reserves the right to discontinue negotiations and cancel the solicitation if it deems it is in its best interest.

SCHEDULE OF EVENTS

1.17 The schedule of events set out herein represent Eugene Water & Electric Board’s best estimate of the schedule that will be followed. If a component of this schedule, such as the opening date, is delayed, the rest of the schedule will be shifted by the same number of days.

The approximate contract schedule is as follows:

Request for Proposal Released July 6, 2021

Last Date for Request for Changes/Protests of Specifications/Terms and Conditions July 20, 2021

Closing Date (last day to submit proposals to EWEB) July 27, 2021

Responses Evaluated August 3, 2021

Intent to Award Announcement August 4, 2021

Request for Board Approval September 7, 2021

Notice to Proceed September 8, 2021

ANTICIPATED PROJECT SCHEDULE:

First delivery October 2021

2. INSURANCE REQUIREMENTS

2.1. Certificates of Insurance. As evidence of the insurance coverage required by this contract, the Contractor shall furnish Certificate(s) of insurance to the EWEB Purchasing Department, before final award can be authorized. The insurance coverage required under this contract shall be obtained from insurance companies or entities having a minimum financial rating of A.M. Best’s Key Rating A-; VII or higher. The contractor shall be financially responsible for all deductibles, self-insured retention and/or self-insurance included hereunder.

2.2 Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this contract, Commercial General Liability Insurance written on the current ISO occurrence form (or a substitute form providing equivalent coverage) including coverage for premises, operations, independent contractors (performing work on Contractor’s behalf), completed operations and contractual liability. The limit shall not be less than $1,000,000 per occurrence and subject to an aggregate limit of no less than $2,000,000.

The insurance must include EWEB, its' divisions, officers, and employees as additional insureds and must apply as primary insurance without any contribution from any other insurance or self-insurance afforded to such additional insured. There must not be any endorsement or modification of this insurance to make it excess over any other insurance available to such additional insured. Insurance or self-insurance maintained by EWEB or other additional insureds is in excess of Contractor’s insurance, contingent and non-contributory.

The insurance must provide that insurer waives all rights to recover any payment made from EWEB, its' divisions, officers, and employees.

2.3 Automobile Liability. Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Automobile Liability Insurance to cover liability arising out of any auto (including owned, hired and non-owned) used in connection with the work or services This coverage may be written in combination with the Commercial General Liability Insurance. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent.

The insurance must include EWEB, its' divisions, officers, and employees as additional insureds and must apply as primary insurance without any contribution from any other insurance or self-insurance afforded to such additional insured. There must not be any endorsement or modification of this insurance to make it excess over any other insurance available to such additional insured. Insurance or self-insurance maintained by EWEB or other additional insureds is in excess of Contractor’s insurance, contingent and

The insurance must provide that insurer waives all rights to recover any payment made from EWEB, its'

2.4 Workers' Compensation. All subject employers working under this contract are either employers that will comply with ORS 656.017 which requires them to provide Oregon workers' compensation coverage that satisfies Oregon law for all their subject workers, or employers that are exempt under ORS 656.126.

[2003 c.794 §76c] In addition, Contractor will obtain, at contractor's expense, and keep in effect during the term of this contract, Employers Liability insurance with a limit of not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and a $1,000,000 policy limit for bodily injury by disease.

The insurance must provide that insurer waives all rights to recover any payment made from EWEB, its' divisions, officers, and employees

2.5 Indemnification. Contractor shall defend, save, hold harmless, and indemnify EWEB, its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses resulting from, arising out of, or relating to any error, omission, breach of contractual duty, or negligent act of the Contractor or its officers, employees, subcontractors, or agents in the performance of services under this Contract.

2.6 Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without 30 days' written notice from Contractor or its insurer(s) to EWEB. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract by EWEB.

2.7 Waiver of Insurance Requirements

Contractor’s failure to provide certificates of insurance as specified herein and/or in the manner specified herein does not constitute a waiver of the insurance requirements. Any waiver of the insurance requirements will only be made in writing.

3. BACKGROUND / OBJECTIVES / SCOPE OF WORK

3.1 BACKGROUND INFORMATION

EWEB is in the process of deploying Advanced Metering Infrastructure (AMI). Routine deliveries of orders is critical to the pace and for project progression. Estimated quantities with an expected annual use for the remaining 3 years of the project are outlined in the bidding tables.

3.2 OBJECTIVES, SCOPE OF WORK, AND QUALIFIED MATERIALS.

The Contractor will provide meter boxes and lids per the size and quantities ordered and according to offered lead times. Performance requirements for the materials include strength, durability, compatibility with existing materials, footprint measurements, and weight.

Only products that have been test, approved, and passed EWEB’s Water Product Standards will be considered and evaluated. Materials require testing for a minimum of 1 year, if an offered product has not been approved, Contractors may submit materials for review for future Contracts. Current approved products include Armorcast and DFW products.

Materials will meet the size and functionality requirements listed on the Proposal Form.

3.3 LENGTH OF CONTRACT

The length of the CONTRACT for providing Water Meters and Covers, with the first Purchase Order expected to be issued mid-July, with an approximate delivery date of September 15. The contract is expected to last approximately 3 years, through the AMI deployment.

3.4 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Contractor’s business location with materials delivered to 4200 Roosevelt Blvd., Eugene, Oregon 97402.

EWEB WILL NOT provide workspace for the contractor. The contractor must provide its own workspace.

4. RESERVED

5. EVALUATION CRITERIA

This is a Single-Step Evaluation Process. Written Proposals will be evaluated and scoring and contract award will be based on Criteria below:

5.1 Proposers Offer is for an Approved Manufacturer (Pass/Fail)

The Proposers Offer is for Armorcast or DFW Meter Boxes and Covers. Any other offers will fail and will not be scored further.

5.2 Meter Box Dimensions and Compatibility with Sensus Communicating Devices, specified in Section 4 (25

Points Possible)

Meter Box dimensions will be evaluated to determine available space and accessibility for maintenance, and replacement of meters and accessories. Indicate “Yes or No” on the Proposal Pricing Form to indicate compliance with the listed dimensions, submit a list of exceptions from the listed dimensions in “No” is indicated.

5.3 Variety of Sizes (15 Points Possible)

Contractor will indicate availability of the variety of standard size boxes and lids. Dimensions of Covers will be provided that are compatible with legacy box lid opening sizes.

5.4 Meter Box and Lid Weight (15 Points Possible)

For each offered item, provide the items weight. Scoring for this item will be based on a formula with the lightest weight item scoring full points and the other offers earning a percentage of points based on the scale of weight compared to the original item.

Total points for weight will be determined according to the following formula:

A = Total Possible points = 15 L = Lowest weight proposed X = Weight being scored B = Awarded Score

Formula: "L" divided by "X" times "A" = "B"

Example: If A = 15 Points, L = 1000 pounds; X = 1200 pounds; then: 1000 pounds / 1200 pounds x 15 = 12.50 points

5.5 Lead Time (15 Points Possible)

Lead Times will be scored on a scale comparing the shortest lead time to the other offered lead times.

Total points for lead time will be determined according to the following formula:

A = Total Possible points = 15 L = Lowest lead time proposed

X = Lead time being scored B = Awarded Score

Formula: "L" divided by "X" times "A" = "B"

Example: If A = 15 Points, L = 15 calendar days; X = 21 calendar days; then: 15 days / 21 days pounds = 10.7 points

5.6 Pricing Proposals (30 Points Possible)

Total points for cost will be determined according to the following formula:

A = Total Possible points = xx L = Lowest cost proposed X = Cost being scored B = Awarded Score

Formula: "L" divided by "X" times "A" = "B"

Example: If A = 30 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 30 = 20 points

6. EVALUATION PROCESS & CONTRACTOR SELECTION

The Total Number of Points Possible for Written Proposals is 100.

6.1 Review and Acknowledgment of Defective Proposals

Due to limited resources, EWEB generally will not completely review or analyze proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will EWEB generally investigate the references or qualifications of such proposals. Therefore, EWEB will not acknowledge whether or not an unsuccessful proposal was complete, responsive, responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are established and required by Oregon law and EWEB adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in the RFP documents and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

6.2 Right of Rejection

Proposers must comply with all of the terms of the RFP, EWEB Rules, and all applicable local, state, and federal laws, administrative rules, and regulations. The Purchasing Analyst may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Proposers may not make stipulations or restrict the rights of EWEB. If an Proposer does so, the Purchasing Analyst may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

Minor informalities that:

• do not affect responsiveness,

• are merely a matter of form or format,

• do not change the relative standing or otherwise prejudice other offers,

• do not change the meaning or scope of the RFQ/RFP,

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or,

• do not constitute a substantial reservation against a requirement or provision, may be waived by the Purchasing Analyst.

EWEB reserves the right to refrain from making an award if it determines that to be in its best interest.

A proposal from a debarred or suspended Proposer shall be rejected.

6.3 References

EWEB reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers.

EWEB reserves the right to check any and all sources for information and to include sources other than the references provided in the Proposer's proposal. EWEB may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents, including past experience EWEB has had with the proposer.

6.4 Responsibility

EWEB reserves the right to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Proposer’s responsibility for performing the Contract, as defined in Rule 3-0500. Submission of a signed proposal shall constitute approval for EWEB to obtain any information EWEB deems necessary to conduct the evaluation. EWEB reserves the right to request additional information or documentation from the successful Proposer prior to award of a contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in the rescission of EWEB's Intent to Award.

EWEB may postpone the award of the Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

6.5 Clarification of Response

EWEB reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. All requests for clarification and responses shall be in writing.

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of that Proposer’s Proposal.

6.6 Evaluation Process

Written Statements of Proposal (SOPs) will be evaluated, scoring and contract award will be based on

Proposers qualifications and experience as described in Section 5 and Section 6.

Pursuant to Rule 3-0230(14)(d), EWEB may employ methods of contractor selection that include without limitation:

(A) An award or awards based solely on the ranking of proposals;

(B) Discussions leading to best and final offers, in which EWEB may not disclose private discussions leading to best and final offers;

(C) Discussions leading to best and final offers, in which EWEB may not disclose information derived from proposals submitted by competing proposers;

(D) Serial negotiations, beginning with the highest ranked proposer;

(E) Multiple-tiered competition designed to identify, at each level, a class of proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked proposers;

(G) A multi-step request for proposals that require additional information designated in Rule 3-0232;

or

(H) Any combination of methods described in this Section.

6.7 Contractor Selection

If a contract is awarded, EWEB shall award the contract to the responsible proposer whose proposal EWEB determines in writing to be the most advantageous to EWEB based on:

a) The evaluation process and evaluation factors described in this request for proposal;

b) Any applicable preferences allowed by EWEB Rules, Division 2; and when applicable,

c) The outcome of any negotiations authorized by this request for proposal

If this request for proposal specifies or authorizes the award of multiple public contracts, EWEB shall award public contracts to the responsible proposers who qualify for the award of a contract under the terms of this request for proposal.

6.7.1 The firm with the highest total score as a result of written proposal scoring will be awarded the

Contract.

6.8 Notice of Intent to Award

After the completion of the evaluation and ranking, the Purchasing Analyst will issue a written Notice of Intent to Award and send copies to all Proposers. The notice will set out the names of all Proposers and identify the Contractor selected for award.

6.9 Contract Negotiation

EWEB will begin negotiating a Contract with the highest ranked Proposer as defined in Section 7.7. EWEB shall direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The contract price as it is affected by negotiating the statement of work; and.

c) Any other terms and conditions reasonable related to those expressly authorized for negotiation in the Request for Proposal, Sections 1.3 and 1.4.

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the highest-ranked proposer if it reasonably believes that:

a) The proposer is not discussing or negotiating in good faith; or

b) Further discussions or negotiations with the proposer will not result in the parties agreeing to the terms and conditions of a final contract in a timely manner.

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest scoring proposer and continue the process until EWEB has determined to award the contract to the proposer with whom it is currently discussing or negotiating.

6.10 Protests and Judicial Review of competitive Bidding and Proposals

Pursuant to Rule 3-0740, a bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if the bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and the reason for the protest is that all higher ranked proposals are nonresponsive; EWEB has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials; EWEB has abused its discretion in rejecting the protestor's bid or proposal as nonresponsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

Eligible proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures will not be considered. This protest procedure constitutes the sole administrative remedy available to proposers.

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the

Contract. EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Analyst listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

c) Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered. Protests based on procedural matters will not be considered.

d) EWEB’s Purchasing Manager will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the bid or proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Manager’s determination (response) is adverse to the protester, any further appeal of the Purchasing Manager’s determination by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Manager’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Manager’s determination and shall fax and mail, in accordance with the fax number and address provided in the bid, the protesting party a written response within three (3) business days of receipt of written appeal.

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing Manager and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP or ITB and the equal and fair application of EWEB’s contracting rules. The contract Review Board's determination shall be EWEB's final decision.

An adversely affected or aggrieved bidder must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Contractor selection or Contract Award decision.

7. PROPOSAL FORM

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers, Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 6 shall be organized in the order listed in Section 5, preferably by re-stating the Criteria, then responding below.

THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:

(place a check in front of the item indicating inclusion in your response)

CONTRACTUAL ACCEPTANCE: Statement accepting ALL terms and conditions contained in the sample contract solicitation. Provide a list of exceptions requested, please note that a blanket replacement of terms will not be considered, but specific terms and conditions may be negotiated.

TERMINATION FOR DEFAULT: Proposers shall indicate if they have had a contract terminated for default in the last five years. (See Section 1.7 (B))

RESPONSE TO ALL EVALUATION CRITERIA listed in Section 5 SECTION 7 - Proposal Form ATTACHMENT B - Bidder Residency Information

Below is a list of EWEB stock numbers, descriptions, and estimated annual quantities needed over the next 3 years.

Complete the form for each item. EWEB will accept pricing for Armorcast or DFW Products that have been approved by EWEB’s Standards Committee.

Meter Boxes and Covers This is a list of all water meter boxes and covers that EWEB currently stocks. These items are purchased regularly for use on an as-needed basis and for the Advanced Metering Infrastructure Project. IMPORTANT: All AMI/AMR-type covers should accommodate “H7”-size aperture.

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910-0002200

Meter Box Body, 17" x 30" x 18", 3" x 6" Mousehole K.O.

at each end, Rotocast 10K/20K

lb. Load Rated

Yes/ No 40

910-0002201

Meter Box Cover, AMR Hole, 17" x 30" x 2", 20K lb. Load Rated

Yes/ No 40

910-0002206

Meter Box Cover, AMR Hole, 10" x 15" x 1-3/4", 10K lb.

Load Rated

Yes/ No 20

910-0002207

Meter Box Cover, AMR Hole, 10" x 15" x 1-3/4", 20K lb.

Load Rated

Yes/ No 3000

910-0002208

Meter Box Cover, CI Reader Lid, 10" x 15" x 1-3/4", 10K lb.

Load Rated

Yes/ No 20

910-0002209

Meter Box Cover, CI Reader Lid, 10" x 15" x 1-3/4", 20K lb.

Load Rated

Yes/ No 20

910-0002210

Meter Box Body, 12" x 20" x 12", 3" x 6" Mousehole K.O.

at each end, Rotocast 10K lb.

Load Rated

Yes/ No 500

910-0002211

Meter Box Body, 12" x 20" x 12", 3" x 6" Mousehole K.O.

at each end, RPM 20K lb. Load Rated

Yes/ No

910-0002212

Meter Box Cover, AMR Hole, 12" x 20" x 1-3/4", 10K lb.

Load Rated

Yes/ No 0

910-0002213

Meter Box Cover, AMR Hole, 12" x 20" x 1-3/4", 20K lb.

Load Rated

Yes/ No 20

910-0002214

Meter Box Cover, CI Reader Lid and AMR Hole, 12" x 20" x 1- 3/4", 10K lb. Load Rated

Yes/ No 0

910-0002215

Meter Box Cover, CI Reader Lid and AMR Hole, 12" x 20" x 1- 3/4", 20K lb. Load Rated

Yes/ No 3600

910-0002216

Meter Box Body, 13" x 24" x 12", 3" x 6" Mousehole K.O.

at each end, Rotocast. 10K/20K

lb. Load Rated

Yes/ No 100

910-0002219

Meter Box Cover, CI Reader Lid and AMR Hole, 13" x 24" x 2", 10K lb. Load Rated

No 1200

910-0002220

Meter Box Body, 17" x 30" x 18", 3" x 6" Mousehole K.O.

at each end, Rotocast 10K/20K

lb. Load Rated

Yes/ No 2000

910-0002240

Meter Box Cover, 21" X 13" X 3", Pit Set, with reader lid and 520R Sensus Module Hole, 20K

lb. Load Rated

No

Combined Weight

LUMP SUM

(sum of Extended Price)

Current Lead Time: _____________ Calendar Days

Average Lead Time: _____________ Calendar Days

Commitment to not exceed Lead Time: ____________ Calendar Days

EWEB encourages contracting with minority owned, woman owned, and emerging small businesses (MWESB).

The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified. MWESB Certified? Yes _____ No _____. If yes, indicate which categories below:

Minority Owned _____ Woman Owned _____ Emerging Small Business _____ Veteran Owned _____

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

Proposer acknowledges receipt of Addenda and agrees to be bound by their contents.

Circle each RFP addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10

Check if not applicable or no addenda were received: ____

CONTRACT SIGNATURE / EXECUTION

ASSURANCES:

The undersigned attests that they:

Read and understand all instructions, requirements, addenda, site conditions, and terms and conditions contained herein (including the attachments and Exhibits listed in this solicitation).

Have the authority and/or responsibility to submit a proposal and to bind their organization in all phases of this RFP process.

Confirm the information provided is true and accurate to the best of their knowledge.

Understand that any false statement may disqualify this offer from further consideration or may be cause for contract termination.

Have not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged minority, women or emerging small business enterprise certified under ORS 200.055.

Represent and warrant to EWEB that they have the power and authority to enter into and perform work under an awarded Contract and that the Contract, when executed by EWEB and Contractor the contract shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

Arrived at the specifics of the proposal, including price and amounts, independently and without communication or agreement with another Proposer, except as disclosed in a separately attached statement;

Have not directly or indirectly induced or solicited another Proposer, in order to benefit a third person, to submit a false or sham bid, to refrain from bidding or to change a bid;

Have not directly or indirectly disclosed the Proposer's bid price, a breakdown of the price, the contents of the price or information or data related to the price to another Proposer;

Have not sought through communication or agreement with a person to fix the bid price of the Proposer or another Proposer, to fix an overhead, profit or cost element of the bid price of the Proposer or another Proposer or to secure any advantage against the contracting agency or any other person interested in the public contract;

Have not directly or indirectly expressed an interest or lack of interest in the public contract, or paid or offered to pay a fee to a person, to cause a collusive or sham bid;

Contractor by signing this Proposal Form represents and warrants that contractor’s performance under this contract creates no potential or actual conflict of interest, including but not limited to conflicts of interest as defined in ORS 244.020. Contractor further warrants that no state or federal law or EWEB rule prevents contractor's lawful performance of an awarded contract. If contractor is currently performing work for EWEB or another governmental entity, Contractor’s participation in other public contracts does not create a potential or actual conflict of interest in performance of this contract.

PROPOSER INFORMATION:

Proposer Company Name

Company Address (from which work will be performed)

Telephone Number Fax Number FEDERAL ID NUMBER

Person Signing RFP_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________________

Rev. 5-8-20 1

ATTACHMENT A

STANDARD TERMS & CONDITIONS FOR THE PURCHASE OF SERVICES

A.1 DEFINITIONS:

“Architect” means a person who is registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided under ORS 671.010 to 671.220, and includes without limitation the terms “architect,” “licensed architect,” and “registered architect.” (See ORS 279C.100(1))

“Architectural, engineering and land surveying services” or “Architectural, engineering or land surveying services” means professional services that are required to be performed by an architect, engineer or land surveyor. (See ORS 279C.100(2))

“Consultant,” for purposes of EWEB Rules, Division 4, means an architect, engineer, land surveyor, or provider of related services. A Consultant includes a business entity that employs Architects, Engineers, Land Surveyors, or providers of related services, or any combination of the foregoing. (See ORS 279C.115(1))

“Contract” or “Contracts” means the Written agreement(s), resulting from the Solicitation Document that sets forth the rights and obligations of the parties.

“Contractor” means the Person with whom EWEB enters into a Contract.

“Engineer” means a person who is registered and holds a valid certificate in the practice of engineering in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002(2). (See ORS 279C.100(3))

“Goods and services” or “Goods or services” means supplies, equipment, materials and services other than personal services designated under ORS 279A.055 and any personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, that EWEB or another contracting agency is authorized by law to procure. “Goods and services” or “Goods or services” includes combinations of any of the items identified in this Rule. (See ORS 279B.005(1)(b))

"Person" means a natural person capable of being legally bound, a sole proprietorship, a corporation, a partnership, a limited liability company or partnership, a limited partnership, a for-profit or nonprofit unincorporated association, a business trust, two or more persons having a joint or common economic interest, any other person with legal capacity to contract or a public body.

“Personal services” mean the services of a person or persons that are designated by the Board as personal services, and includes architectural, engineering and land surveying services, and related services, for purposes of EWEB Rules, Division 4.

(See ORS 279C.100(5))

“Personal Services Contract” or “Contract for Personal Services,” for purposes of EWEB Rules, Division 3, means a contract, or member of a class of contracts, other than a contract for the services of an Architect, Engineer, Land Surveyor or Provider of Related Services, and other than a contract for services not designated by the Board as personal services (see EWEB Rules, Division 6), whose primary purpose is to acquire specialized skills, knowledge and resources in the application of technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment, including, without limitation, a contract for the services of an accountant, physician or dentist, educator, information technology consultant, broadcaster, artist (including a photographer, filmmaker, painter, weaver or sculptor), or consultant (excluding an Architect, Engineer, Land Surveyor, or Provider of Related Services).

“Rule” means a Rule within the EWEB Public Contracting Rules.

"Work" means the furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract and successful completion of all duties and obligations imposed by the Contract.

“Working hours” means EWEB’s regular business hours, which currently are Monday through Friday, 9 a.m. to 5 p.m., excluding EWEB recognized holidays.

All other terms not expressly identified above shall have the meanings as set forth in EWEB Public Contracting Rules, Division 1 - Definitions.

A.2 HEADINGS:

The section headings in this Contract are included for convenience only; they do not give full notice of any portion of the terms of this Contract.

If these Terms and Conditions are attached to a Request for Proposals (RFP) solicitation, then "ITB", whenever stated herein, shall mean "RFP".

A.3 STANDARD AND SPECIAL TERMS AND CONDITIONS;

ORDER OF PRECEDENCE:

These printed Terms and Conditions are the Standard Terms and Conditions for EWEB contracts for the purchase of Services.

EWEB may also provide "Special Terms and Conditions" elsewhere in the Contract which apply only to this Contract.

Whenever possible, all terms and conditions are to be harmonized. In the event of a conflict between the standard and "special terms and conditions", the "special terms and conditions" take precedence, unless the standard term(s) in question is/are required by law. In the event of any other conflict, 1) the special terms and conditions, 2) these Standard Terms and Conditions, 3) the Invitation to Bid or Request for

Rev. 5-8-20 2

Proposal, and 4) the bid or response thereto shall be interpreted in the foregoing order of precedence. By signing this Contract, Contractor agrees that, in the event of a conflict, all the terms and conditions of this Contract supersedes all preprinted terms and conditions on any forms used by the Contractor.

A.4 INDEPENDENT CONTRACTOR:

Any service or services to be rendered by Contractor under this Contract are those of an independent contractor. Contractor, its Subcontractors, Agents, Officers or Representatives are not officers, employee, or agents of EWEB as those terms are used in ORS 30.265. Contractor is responsible for all federal and state taxes or other payments or withholdings applicable to compensation or payments paid to Contractor under this Contract.

A.5 CONTRACTOR REPRESENTATIONS:

Contractor represents to EWEB that (1) Contractor has the power and authority to enter into and perform this Contract,

(2) this Contract, when executed and delivered shall be a valid and binding obligation of Contractor, enforceable in accordance with its terms, (3) the Work under this Contract will be performed in accordance with the professional standards of skill and care ordinarily exercised by members of that profession under similar conditions and circumstances, (4) Contractor shall, at all times during the term of this Contract be duly licensed to perform the Work, and if there is no licensing requirement for the profession or work, be duly qualified and professionally competent.

A.6 SECURITY OF DOCUMENTS AND PROPERTY:

All EWEB property, materials and documents and all personal property of EWEB employees are to be left undisturbed and are not to be handled, read or otherwise used by Contractor or Contractor’s employees, except to the extent required by the Contract. Contractor shall consider all documents confidential.

Any disclosure of confidential…