2023200022_A1_Natural Areas Mastication Services_ITB.pdf

Invitation to Bid

NATURAL AREAS MASTICATION SERVICES

ITB No. 2023200022

Due Date and Time: Wednesday, October 5, 2022 @ 2:30pm

Non-mandatory Pre-bid Conference:

Tuesday, September 27, 2022 @ 1:00 PM

Black Oak Basin Park

CITY OF EUGENE

Central Services

Finance Division/Purchasing

100 West 10th Avenue, Suite 400

Eugene, Oregon 97401

Telephone: (541) 682-5055

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I. INVITATION TO BID

CITY OF EUGENE INVITATION TO BID No. 2023200022

Notice to Suppliers Pursuant to ORS 279B.055 and City of Eugene Administrative Order 44-14-08F, Public

Contracting Rule (City Rule) 137-047-0255, sealed Bids for Natural Areas Mastication

Service for the City of Eugene will be accepted by the Purchasing Office until Wednesday, October 5, 2022 @ 2:30pm. Bids will be opened immediately thereafter and publicly read aloud in a Microsoft Teams Meeting. Bids will not be accepted after the bid closing time and date. Bids shall be valid for sixty (60) days after opening unless otherwise specified in the bid specifications. This Invitation to Bid (ITB) does not commit the City to pay any costs incurred by any bidder in the submission of a bid.

Project Description In general, work includes mastication services in natural areas and undeveloped park land.

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

• Scroll to Supplier Activities

• Click the Open Bids icon

• Click the Advanced Search button

• Click Select Organization

• Select City of Eugene

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

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

Bidders must submit their bids through OregonBuys before the due date and time specified.

Bidders who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046.

Pre-Bid Conference A Non-mandatory Pre-bid Conference will be held Tuesday, September 27, 2022 @

1:00pm. Meet at Black Oak Basin Park at the end of Bloomberg Road, accessed from

McVay Highway. This is an opportunity to have access to the Project Team. Statements made by the City’s representatives at the pre-Bid conference are not binding upon the

City unless confirmed by written addendum issued under Section II(6.0) of this ITB.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmMzMjc5OTgtOTE3NC00NjIzLWJlYjItMzdmNDUyMDUwNTkz%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22201568ab-e8e0-498f-ac1b-b397783a096c%22%7d https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@oregon.gov

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Dated: 9/15/22

Michelle Hahn, OPBC

AIC Purchasing Analyst

City of Eugene

541-682-5051

MHahn@eugene-or.gov

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II. INSTRUCTIONS TO BIDDERS

1. BID FORM

1.1. Bids shall be submitted on forms identical to those forms provided by the City. The bidder shall make no alterations or additional stipulations on the bid form nor qualify the bid in any other manner. Alteration of any part of the bid form content will cause the bid to be considered Non-responsive.

1.2. All available fields on the bid form shall be filled in electronically, by typewriter or manually, in ink. Mistakes must be crossed out and corrections typed or written in ink and initialed by the party signing the bid. No erasures are permitted. The omission of any required information or forms may invalidate a bid.

1.3. Complete sets of bid documents shall be used in preparing bids.

2. SUBMISSION

2.1. Bidder is responsible for submitting their bid to OregonBuys prior to the closing time and date. Late bids will not be accepted. The City is not responsible for any delays caused by delivery methods including, but not limited to, computer/email/software issues of any sort.

2.2. Oral, telephonic, telegraphic, or faxed bids are invalid and will not be considered.

3. SOLICITATION MODIFICATIONS

Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst via email in conformance with City Rule 137-

047-0440(1), and no less than five (5) calendar days prior to the solicitation closing, and submitted separately from the solicitation response. Contents of questions, clarifications, modifications, or substitutions should include a reference to the page or item being addressed, the reason and any proposed alterations. Questions, clarifications, modifications, or substitutions included with the response to the solicitation may cause it to be considered non-responsive.

4. BID MODIFICATION OR WITHDRAWAL

Bids may be modified in writing prior to closing in accordance with City Rule 137-047-0440.

Bidder shall submit any modification to its bid in accordance with the requirements for submitting a bid listed in II. INSTRUCTIONS TO BIDDERS, 2.0 SUBMISSION. Any modification must include the bidder’s statement that the modification amends and supersedes the prior bid. The bidder shall mark the submitted modification as follows:

Bid Modification; and

Solicitation Number

Bids may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for bid closing or as otherwise authorized by City Rule 137-047-0440(2).

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5. OR EQUAL

5.1. Whenever a process is designated or a manufacturer’s name, brand, or item is designated or described, it shall be understood that the words, “or equal” follow such name, designation, or description, whether in fact they do so or not, unless no substitution is stated in the specifications. Items bid other than specified must be determined by the Purchasing Analyst as an approved equal. Submit to the Purchasing

Analyst their intent to bid an approved equal no later than five (5) calendar days prior to the Bid closing. Include detailed specifications, cut-sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

5.2. Approval of alternate materials and equipment shall rest solely with the City and all

Bidders shall be notified of such approval by addenda prior to the bid opening.

6. SOLICITATION PROTESTS

If a prospective bidder believes that the procurement process is contrary to law or that this solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name, the prospective bidder may file a protest with the City. Protests must be submitted in writing to the City’s Purchasing Manager, no less than ten (10) days prior to solicitation closing. The protest must be emailed to Eugene.Purchasing@ci.eugene.or.us clearly identified as a protest and identifying the solicitation being protested. Faxed protests shall not be accepted. The Purchasing Manager shall consider the protest if it is timely filed in accordance with City Rule 137-047-0730 and contains the following information: 1) sufficient information to identify the solicitation that is the subject of the protest; 2) the grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name;

3) evidence or supporting documentation that supports the grounds on which the protest is based; and 4) the relief sought. The Purchasing Manager shall issue a decision on the protest no fewer than three (3) business days before the solicitation closing, unless a written determination is made by the Purchasing Manager that the public interest requires a shorter time limit.

7. ADDENDA AND INTERPRETATIONS

7.1. Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and proposers shall receive addenda per City

Rule 137-047-0430, and as follows: City will not mail notice of addenda, but will publish any addenda on the OregonBuys site. Addenda may be downloaded off OregonBuys site. Proposers should frequently check the OregonBuys site until closing (i.e., at least once weekly until the week of closing, and at least once daily the week of the closing period).

Any written addendum issued which includes changes, corrections, additions, interpretations, or information and issued in accordance with City Rule 137-047-

0430(3) shall be binding upon the Bidder.

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

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8. WITHDRAWAL

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

9. NONDISCRIMINATION

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

10. PREPARATION OF BIDS

Bidders are expected to examine the specifications, schedules, and all instructions. The City is not liable for costs associated of preparation of bids in response to this ITB.

11. SILENCE OF SPECIFICATIONS

11.1The apparent silence of the specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

11.2It is intended that the Contractor in the selection of components will use material and design practices that are the best available in the industry for the type of operating conditions to which the item(s) will be subjected and at the least meets the minimum standards of performance as specified in this Request. All parts, equipment and accessories shall, at the least, conform in strength, quality of material and workmanship to recognized industry standards and the minimum requirements of this Request.

12. EMPLOYEES NOT TO BENEFIT

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

13. CITY FURNISHED PROPERTY

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

ITB.

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14. INTERGOVERNMENTAL COOPERATIVE PURCHASING STATEMENT

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

15. RESERVED RIGHTS

The City reserves the right:

15.1. To reject any bid not in compliance with all prescribed public Bidding procedures and requirements.

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

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

15.4. To waive any or all informalities in the bids submitted.

15.5. To consider the competency and responsibility of bidders in making any awards.

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

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

15.8. To extend the deadline for submitting bids, in according with City Rule 137-047-0430(3).

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

16. RECYCLABLE PRODUCTS

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

17. CONSIDERATION OF BIDS

17.1. Bids will be opened publicly by the City of Eugene Purchasing Office at the due date and time indicated in the ITB or any extension thereof made by addendum. Bidders and other interested parties are invited to attend the bid opening; however, the identity of the successful bidder will not be determined at the bid opening time.

17.2. It is the intent of the City to award a contract to the lowest responsible bidder(s) provided the bid has been submitted in accordance with the requirements of these bidding documents and does not exceed the funds available. Consistent with the provisions of the bid documents, award may be made by item, groups of items, or the entire bid upon the City’s determination that it is in the public interest to do so.

17.3. In determining the lowest responsible bid, the City shall, for the purpose of awarding the contract, add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides.

The City shall rely on the Oregon Department of Administrative Services’ published list

ITB # 2023200022 Natural Areas Mastication Services Page 8 | 51 of states, which gives preference to in-state Bidders to determine the percent increase to be added.

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

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

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

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

Bidders may protest the notice of intent to award the contract in accordance with City Rule

137-047-0740.

18. CONTRACT AWARD

Submittal of a bid evidences bidder’s intent to execute and be bound by the terms of the attached contract. Negotiation will be conducted only as allowed by City Rule 137-047-0600.

After award of the contract, City and Contractor may only modify the contract in accordance with City Rule 137-047-0800.

19. PUBLIC RECORDS

21.1 This ITB and one copy of each original Bid received in response to it, together with copies of all documents pertaining to the award of a contract, shall be kept by the City of Eugene Purchasing Office and made a part of a file or record which shall be open to public inspection. If a bid contains any information that is considered trade secret under

ORS 192.345(2), each sheet of such information must be marked with the following;

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

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

Law.

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

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III. SUSTAINABILITY & SOCIAL EQUITY

The City is interested in products and services that have a reduced impact on human health and the environment and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related City policy and plans, please refer to the City’s

Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch. The awardee will be expected to support the City’s goals by implementing the following strategies where applicable.

1. WASTE REDUCTION

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

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

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

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

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

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

1.1.5. No point of purchase material or promotional literature.

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

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

2. IDLING REDUCTION

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

This idling policy applies except in the following situations:

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

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

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

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

3. ENVIRONMENTALLY PREFERRED PRODUCTS

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

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

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

• Energy Efficient

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

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

• Are certified by an independent accredited third-party program such as

EcoLogo or ENERGY STAR.

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

4. SOCIAL EQUITY

Economic prosperity through diversity and collaboration is fundamental to the Equity in

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

4.1. The City supports the utilization of Minority, Women, Emerging Small Businesses

(M/W/ESB), local businesses, Disadvantaged Business Enterprises and Oregon

Forward Contractors (OFC) at both a prime and subcontracting and/or supply chain level.

The City encourages eligible suppliers to gain certification and encourages the awarded proposer to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses in the fulfillment of the scope of work:

4.1.1. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Certification Office of Business

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Inclusion and Diversity (COBID) by visiting their website at:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp to find certified businesses from whom to procure products or services.

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

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

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IV. ANTICIPATED BIDDING SCHEDULE

The following is the anticipated schedule for submission and review of Bids and award of the desired contract. This schedule is subject to change by the City in its sole discretion.

Any change to the Bid submittal deadline will be done by an addendum to this ITB.

ACTIVITY DATE

▪ Invitation to Bid issued ..................................... …..Thursday, September 15, 2022

▪ Non-Mandatory Pre-Bid Conference ............ .Tuesday, September 27, 2022 at

1:00PM

▪ Last date to request solicitation clarification or change………September 30, 2022

▪ Last date to protest solicitation………………..…………………September 25, 2022

▪ Bids due no later than………...…………………..…..October 5, 2022 at 2:30 PM

▪ Notice of Intent to Award…………….………………no later than October 10, 2022

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V. REQUIREMENTS / SPECIFICATIONS

1. Purpose

The City of Eugene wishes to engage up to three (3) qualified contractors on an “as needed” basis to provide the City with mastication services in natural areas and undeveloped park land.

2. Scope of Work

The work is a component of habitat restoration, fuels reduction, and general vegetation management. Projects will occur in City parklands managed for ecological, environmental, and recreational values. Work under this contract will address mechanical removal of brush, small trees, and downed woody debris.

Mastication projects will generally be 2-10 acres in size with some larger 20-30 acre projects. Typical projects will involve mowing through thickets of woody brush and small trees on gentle to moderate slopes and may occasionally include shredding small piles or larger trees. Work may occur on steep and rocky terrain with limited access, in urban settings near homes, and along heavily used recreational trails.

Native or non-native plant species may be targeted for control. The Contractor must be knowledgeable and skilled in vegetation management and successfully follow specifications without damaging natural resources, including soils and vegetation.

Work under this contract has seasonal constraints and will not occur once soils are saturated in fall/winter, during bird nesting season (March 15-July 15), or during periods of extreme wildland fire concern.

3. Contractor Qualifications

3.1. Minimum Requirements. The following requirements shall be considered as minimum standards for a mastication Contractor in natural areas and undeveloped park land:

3.1.1. All personnel working for the Contractor shall have an awareness of natural habitats, sensitive areas, wildlife, and native plants, and demonstrate the ability to work safely in varying physical and weather conditions. Must demonstrate basic aptitude for botanical identification in addition to equipment operation skills

3.1.2. The Contractor shall have at minimum of (2) years of experience in the performance of mastication projects and have successfully completed at least three documented contractual jobs of $5,000 or more within the past five years.

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3.1.3. Contractors with demonstrated experience in natural/wildland areas working for a public agency, land trust, watershed council, or similar organization working to conserve native habitats may be given preference.

3.1.4. A Construction Contractor’s Board (CCB) license is preferred but not required. Only Contractors with a CCB license will be considered for projects requiring treatment of material >4” DBH or over 15’ tall.

3.2. Field Lead Qualifications. The Contractor shall provide an on-site working field lead to be physically present when any work is being performed under this contract. The field lead shall be responsible for the overall on-site coordination and management of projects associated with this contract and shall act as central point of contact with the City.

3.2.1. The field lead should not change during any given project unless extenuating circumstances arise. It is important to have consistency in communication between the City and the field lead, and the field lead must reliably understand and be able to implement each project’s goals, project boundaries, and any restrictions.

3.2.2. The field lead shall be fluent in English and able to communicate effectively with all Contractor or subcontractor personnel and City staff.

3.2.3. Contractor shall demonstrate that the field lead has the experience, botanical knowledge, and equipment operator skills to safely conduct the work required in this contract and has successfully directed at least two contractual jobs associated with mastication.

3.3. Field Crew and Subcontractor Qualifications. All field crew or subcontractor personnel, including the field lead, shall be responsible for positive identification of target and non-target species, understanding site access, limitations, safety issues and other restrictions, and working within the areas identified for treatment and areas to be excluded.

3.4. Documentation of Contractor Qualifications. Contractor shall provide documentation of qualifications in writing and shall include names, phone numbers, email addresses and addresses of three companies or agencies worked for, including a description of overall mastication experience, description of projects completed, experience working for entities described in section 3.1.3, and examples of species treated and size of areas treated and work in sensitive areas. This documentation shall be submitted with bid documents. The City reserves the right to contact companies or agencies and verify information provided. Contractors that do not meet all of the above criteria will be deemed non-responsive.

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4. Required Equipment

At a minimum, the Contractor shall have the following equipment available, or confirm that it can be rented within one week, in safe and good operating condition.

Contractor’s equipment shall be free of weed seeds, soil, mud, or other foreign material and shall be available for work assigned under the terms of this contract.

4.1. Rubber-tracked compact skid steer mounted with a Fecon-style drum mulching head. Skid steer shall be low ground pressure and have hydraulic capacity to efficiently masticate trees stumps and trees up to 6” DBH. Ability to use disc-style mulching head or rotary mowing attachment in addition is preferred but not required.

4.2. Contractor shall provide all fuel, lubricants, materials, and supplies necessary for tasks and shall provide any maintenance required for contractor provided equipment.

4.3. A legally rated truck and trailer for hauling track loader from site to site.

4.4. All required equipment to support work during ODF Fire Season, including water tanks, pumps, hose, trailers and any other needed equipment.

4.5. All work practices, equipment, personnel and protective equipment must be in accordance with ANSI Z133.1 safety standards.

5. Specifications for Work to Be Performed

5.1. Vegetation, including stumps, shall be cut as close as possible to ground height and well-shredded. Occasional larger material may be left. Tree stumps shall not be grubbed or otherwise removed.

5.2. Operator shall not grind mulching head into the soil.

5.3. Multiple passes over material to knock it down and adequately shred it are allowed, but reasonable efforts shall be made to minimize passes for soil and surrounding vegetation protection and efficiency. Avoid or minimize the use of zero-point turns.

5.4. In the event holes or ruts are created in the ground during woody vegetation removal operations, Contractor shall smooth and shape to blend with the surrounding ground elevation, compacting backfill material as necessary to prevent later settling.

6. Site Locations, Access, and Staging

Work is anticipated to be scheduled on multiple sites. The work shall occur within natural areas and undeveloped park land owned by the City, mostly located within the “Ridgeline” park system, but also in forested areas surrounded by neighborhoods and businesses, and possibly also in wetland prairies and riparian

ITB # 2023200022 Natural Areas Mastication Services Page 16 | 51 zones. All park lands are open to the public and many have formal and informal trail systems near or within project areas. All site locations, access, and staging will be identified by the City in individual work orders. The City and Contractor shall discuss the boundaries, access, and staging areas during pre-project field visits.

6.1. Site Locations. The City of Eugene’s Parks and Open Space Division owns and manages nearly 4,000 acres of natural areas. Sites may consist of prairie, oak savanna, oak woodland, Douglas-fir forest, riparian forest or wetland sites with gentle to hilly topography and varying, uneven terrain.

6.2. Site Access. Access for vehicles other than the masticator and equipment used for fire safety operations will be limited to roads, paved or graveled paths, or designated travel lanes within the site. When operating vehicles, the Contractor shall limit speed to 10 mph, shall always give pedestrians and other users the right of way, and shall turn on hazard lights.

6.3. Vehicles Entering and Exiting the Sites. Vehicles accessing or leaving work sites will not interfere with regular traffic on adjoining roads and will use caution when exiting the site. Any impacts to public roadway traffic that exceed normal curbside vehicular storage and simple loading and unloading of equipment must be addressed by the Contractor and approved by the City prior to the initiation of work.

6.4. Travel Within the Sites. Movement of personnel, materials, and equipment within site boundaries must be discussed with City Staff. All pedestrian and equipment travel routes, equipment staging areas, and work boundaries shall be reviewed prior to site access. The designated on-site field lead shall carry a map of detailing travel and staging areas with them at all times while on site.

Motorized vehicle travel in the vicinity of sensitive plants shall be coordinated with City staff. Any ruts or significant soil disturbance created by vehicles accessing the site or conducting forestry operations shall be repaired by the Contractor at their expense.

6.5. Restrictions on Travel Within the Sites. Due to the sensitive nature of certain areas of the City’s natural area sites, the Contractor, Contractor’s vehicles, and Contractor’s crews and equipment may be restricted from portions of the site.

The primary purpose in restricting vehicular access is to prevent compaction, soil erosion, and/or disturbance to desirable native vegetation on the site.

6.6. Road and Trail Maintenance Requirements. The Contractor shall maintain roads and trails in the same condition as before the commencement of each work order. The Contractor will be responsible for any maintenance on roads and trails during the project to ensure safe project implementation. Any road or

ITB # 2023200022 Natural Areas Mastication Services Page 17 | 51 trail deterioration caused by project operations shall be repaired by Contractor prior to payment for the work order actions.

6.7. Staging Areas. Contractor staging, equipment maintenance, and storage areas shall only occur in areas designated as such by the City. Equipment maintenance includes fueling, servicing, and other maintenance as needed.

7. Work Orders

7.1. Assignment of Work. To assign work to the Contractor, the City shall issue written work orders describing the work to be performed including site location, site restrictions and/or limitations, the location of areas to be treated, target species, and timing of work. Work orders will be emailed in advance and they may also be hand delivered to the crew lead in the field. Work order information and target species location may also be provided in web-based maps. After receiving and reviewing the work order the Contractor shall consult with the City’s Project Manager at least one week prior to the start of work if additional information is required.

7.2. Contractor Notice of Mobilization and Required Approval to Proceed. The contractor shall notify the City at least seventy-two (72) hours in advance of the time the contractor intends to mobilize and begin work at each site. Upon receiving verbal or written approval (via email or text message) to proceed from the City, the contractor may mobilize and proceed with the work as described in the work order.

7.3. Consultation on Work Orders. After receiving and reviewing the work order and prior to beginning on-the-ground work, the Contractor shall consult with the City’s Project Manager on the following: appropriate site access, location of areas to be treated, identification of all target species, and safety considerations.

7.4. Site Closures. Temporary site or area closures may be required where public trails are present. City will need to approve closures prior to starting work.

7.5. Not-to-Exceed Amount. Work orders will include a not-to-exceed amount stated either as a total number of hours or a total payment for that work order. The Contractor shall not exceed that amount without authorization by the City’s Project Manager.

7.6. Work Hours. Work hours, start/stop times for noise-making activities (e.g. power equipment) will be between 7:00 a.m. and 5:00 p.m., unless shortened due to Closed Fire Season or other reasons determined by the City. Earlier work start times may be allowable in certain locations with written approval from City’s

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Contract Manager. Work shall occur Monday – Friday. No work may be scheduled on Saturdays, Sundays, or City-observed holidays.

7.7. Continuation of Work. The timing of work is important for a variety of reasons including soil conditions, and the effect work can have on native and exotic species. Except for breaks caused by weather and environmental conditions, contractor is expected to work continuously to complete all work on a site upon mobilization, unless otherwise agreed to in advance by the City. City reserves the right to temporarily put a project on hold as warranted by environmental or safety considerations.

7.8. Completion of Work. The Contractor shall complete all required services for a work order within the date range printed on the work order, unless otherwise approved by the City. Contractor shall notify the City’s Contract Manager within 7 days of the end date printed on a work order if work cannot be completed within the written timeframe. Each work order will be complete either at the time the Not-To-Exceed value of the contract has been reached or at the work order completion date, whichever occurs sooner.

8. Communication with Mobile Devices

8.1. Capability. The field lead shall be equipped with a mobile phone or other mobile device provided by the Contractor. Mobile devices used by the field lead shall be able to:

• Send and receive voice and text messages and images to and from the City;

• Record geolocated completed work areas and site features; and

• Access web-based maps from the field.

At the City’s request the field lead shall be able to use the mobile device to:

• View web-based maps produced by the City while in the field; and

• Geolocate his or her position at the project site as well as the location of areas and target species identified for treatment in the web-based maps.

8.2. Communication. The field lead shall check in and check out with the City’s Project Manager or designee via mobile phone voice calls or messages or text messages during each day that work is performed and be available to the City via mobile phone voice calls and text messaging while working on assigned projects.

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9. Environmental Protection

9.1. General Natural Resource Protection. Due to the desire to protect natural resources and native plants, limit environmental damage, and effectively manage weed populations, work assigned under this agreement may have detailed project specifications or required completion deadlines. As timing of emergence for native plants and reproduction of invasive plants varies due to weather conditions and by species, work completion dates may be set by the contract administrator if needed to achieve the City’s land management goals. Typically, work under this contract will occur in the period from July 15 – April 1, outside of nesting bird season.

Closed fire season and degree of winter rains/saturated soils may also affect project implementation.

9.2. Protection for Soils, Vegetation, and Sensitive Plant Populations. Contractor operations shall be conducted as to minimize damage to natural resources, including soil, seasonal or perennial waterways, and any trees, shrubs, and plants that are not part of the work order. Contractor shall exercise care to minimize damage (including cutting, smashing, trampling and removal) to established native plants. Contractor’s equipment shall be operated to minimize soil disturbance, including minimizing rutting and soil displacement, preventing erosion and/or the spread of weeds on the sites. Known populations of sensitive plant species will be marked in the field using flagging tape or pin flags by City staff. The City may also provide this information on maps included with work orders. The City’s Contract Manager or designee may issue an immediate shutdown of the operation if excessive damage to these resources is observed.

9.3. Motorized Vehicles. All motorized vehicles to be used on-site by the contractor shall be power washed/blown and free of weed seeds, loose dirt, and plant parts prior to being brought on site. The City of Eugene reserves the right to inspect and approve all vehicles for use on site prior to entering the site, and to refuse contractor vehicles due to non-compliance with any of the clean vehicle or equipment requirements. Approved motorized vehicles shall only be allowed on-site within approved vehicle access corridors as designated by the Contract Manager.

9.4. Equipment Fueling and Maintenance. Any equipment maintenance, repair, and/or refueling shall be at areas located within parking lots, staging areas, or roads that are approved by the City. No fuel, motor oil, hydraulic fluid, grease, or any other petroleum- or chemically-based compounds associated with operating motor vehicles or motorized equipment shall be stored on-site and all equipment must be in good working order so as to prevent the leakage of these materials.

These materials shall be transported to the site on an as-needed basis and contained on the bed of a truck or utility trailer when not in use. Equipment maintenance shall only occur within the primary staging area, as approved by the City. Contractor shall be responsible for impacts resulting from leakage that may require mitigation such as clean up, excavation of soil, testing, re-grading

ITB # 2023200022 Natural Areas Mastication Services Page 20 | 51 and reseeding. Excessive leakage will be a basis for issuing an immediate shutdown of the operation.

9.5. Adverse Field Conditions. The City reserves the right to postpone some or all of the Contractor’s activities should adverse field conditions develop. For example, Contractor’s work could be delayed or restricted due to significant rain events, during which operating, in the opinion of the City, may cause damage to the site (e.g. soil compaction, rutting, etc.).

9.6. Damaged Areas. The Contractor shall be responsible, at his/her own expense, for restoring, to the satisfaction of the City, any area that is damaged by equipment or herbicide, or otherwise injuriously disturbed or destroyed by the Contractor or Contractor’s crew.

10. Safety

10.1. Public Safety. The Contractor shall exercise caution and care when operating to prevent undue conflict with public users of roads, trails, and project sites. If required by law or by the contract administrator, Contractor shall post work areas with warning signage related to work hazards.

10.2. Adherence to Regulations. The Contractor shall follow all State, Federal and local ordinances covering safe work practices, work zone safety, and traffic control. All work shall be done in compliance with City of Eugene, Oregon Department of Agriculture, Oregon Department of Forestry, and other standards/regulations as applicable.

10.3. Hazards. The Contractor shall report all known hazards or debris encountered during the course of work to the City’s Contract Manager.

10.4. No Smoking. City of Eugene Park Rules prohibit the use of smoking devices and electronic smoking devices in all City of Eugene Parks and Open Space lands.

10.5. Fire Precautions. Oregon Forest Law (ORS) and Oregon Administrative Rules (OAR) regarding fire precautions apply on City lands outside the city limits and the City follows these same rules for other City natural area parks located within the City limits. In some cases, the City may choose to enact fire restrictions or undertake preventative measures to reduce the risk of wildfires which supersede the guidelines of the local fire district. Fire restrictions may result in limited hours of equipment operation on or access to work sites including the use of gasoline powered equipment or vehicles.

Contractor is required to adhere to all restrictions set forth by the Oregon Department of Forestry (ODF) on all project sites during periods of Closed Fire Season and the contractor shall comply with all applicable State laws relating to

ITB # 2023200022 Natural Areas Mastication Services Page 21 | 51 fire prevention in addition to any special conditions of work as directed by the City. This includes providing a firewatch as required under Industrial Fire Precaution Level 1-3 conditions. Contractor is required to check with local ODF fire districts and furnish any equipment required by those districts. Contractor shall work in collaboration with City on submittal of permit applications for each project to ODF. Smoking or flaming materials are not allowed on project sites or nearby areas at any time.

11. Inspection, Assessment, Performance, Invoicing, and Payment

11.1. Inspection and Assessment of Work. The City may inspect work and Contractor’s equipment at any time during the course of the contract and any work order.

Assessment of completed work shall be conducted by the City within one week following completion of the Contractor’s work. Acceptance of the work by the City shall be based on proper implementation of work described in work orders.

11.2. Performance. If any of the services do not satisfactorily conform to the work order and/or the contract requirements detailed herein, the City may require the Contractor to perform the services again in conformity with contract requirements at the Contractor’s expense. When the defects in services cannot be corrected by re-performance, the City may (1) require the Contractor to take necessary action to ensure that future performance conforms to the contract requirements, and (2) reduce the contract price to reflect the reduced value of the services performed. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the City may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the City that is directly related to the performance of such service, or (2) terminate the contract for default.

11.3. Invoicing. Contractor shall submit invoices that itemize the work being billed.

Invoices shall be submitted to the Contract manager for each project and AP@ci.eugene.or.us.

Each invoice shall include following:

• Contract #

• Purchase Order (PO) #

• Work order #

• Project manager name

• Site or location of treatment

• Treatment dates

• Type of work

• Person hours worked and equipment hours used

• Hourly rate for people and equipment used

• Total Charge mailto:AP@ci.eugene.or.us

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11.4. Payment. The City will maintain a record of Contractor person hours, based on reporting provided by the field lead. Any difference between the City’s and Contractor’s records pertaining to work hours shall be reconciled at the end of each work week, or the City figures shall apply. No payment will be made for non-work hours due to lunch break (including travel to location of lunch break), equipment maintenance, or transportation to or from the work site.

Payment will be based on the actual numbers of person hours worked/equipment hours used for the hourly rate of the service provided.

Normally one payment shall be made for each issued work order. For larger work orders requiring more than two weeks of time to complete, Contractor may submit one partial payment invoice after one half the total hours for the work order have been completed.

Payment shall not exceed the Not-to-Exceed amount of each work order unless approved by the City.

12. Project Awards

The City intends to retain up to three (3) vendors for natural area mastication services and reserves the right to select any vendor for any project. The City will use the Contractor bids and qualifications submitted, along with performance on assigned projects and availability to select which Contractor to assign to each project. The City makes no guarantee to any quantities of work.

The following criteria will be used to determine whether a Contractor may be selected for a project:

1. Minimum Requirements. The contractor must provide the services requested for the specific project.

2. Cost. The qualified Contractor with the lowest cost for the full project will be considered first in most cases.

3. Qualifications. The Contractor has demonstrated that they are highly qualified to do the work in the specific project. The City encourages bids from vendors with a range of backgrounds in mastication services but may prioritize vendors with demonstrated experience for projects in sensitive natural areas. Information provided in the bid will be used for evaluation. Performance on projects completed under this Contract will also be included in the City’s evaluation of qualifications on a rolling basis.

4. Availability. The City will assign the project to the preferred Contractor, with a reasonable timeframe for implementing work, generally two weeks ahead of

ITB # 2023200022 Natural Areas Mastication Services Page 23 | 51 project implementation. Contractor must respond within three days about availability to implement project on City’s desired timeline, including availability of any rental equipment needed. If Contractor is not available during the City’s requested work window, City reserves the right to cancel that work and assign to another Contractor in the pool who is available. If multiple projects must occur simultaneously due to circumstances such as limited suitable weather conditions, City may assign some projects to one contractor and some projects to other contractors to ensure the work gets completed. Project delays due to inclement weather once projects have started will be accommodated.

The initial term of this contract shall be for one (1) year and the term may automatically renew annually for up to a total of four (4) additional years, as mutually agreed to by the City and the Contractor.