21-125-PSC Standing Mgt.pdf

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Fish Stranding Management at Trail Bridge Reservoir

RFP No.: 21-125-PSC Closing Date: Tuesday, August 24, 2021 Time: 2:00 PM PST

Description: The Eugene Water & Electric Board (EWEB) seeks proposals from qualified engineering firms to perform Design and Related Services for development and implementation of the Stranding Management Plan in Trail Bridge Reservoir at the Carmen-Smith Hydroelectric Project, located on the McKenzie River approximately 70 miles east of Eugene, Oregon.

Purchasing Analyst: Sandra Hahn Phone: (541) 685-7163 Fax: (541) 685-7501 Purchasing Analyst email: Sandra.hahn@eweb.org

Pre-bid Conference: YES - Optional Date: August 10, 2021 Time: 11:00 am, PST Location: EWEB’s Carmen-Smith Hydroelectric Project Office, 59727 HWY 126, McKenzie Bridge, Oregon 97413

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 the Purchasing Analyst.

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. 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 4

2 Insurance Requirements 9

3 Background/Objectives/Scope of Work 11

4 Minimum Qualifications and Requirements 16

5 Evaluation Criteria 17

6 Evaluation Process & Contractor Selection 21

7 Proposal Form 25

Attachments

A EWEB Standard Terms & Conditions (Inserted in Contract)

B Proposer Residency Information

C Sustainability Questionnaire

D

Independent Contractor Form

Exhibits

Sample Contract with Statement of Work Form Sample Task Order Form Map and Directions to Site 2016 Amended and Revised Aquatics Management Plan Stranding Study Technical Report (Stillwater 2006)

LEGAL ADVERTISEMENT

RFP #21-125-PSC

Fish Stranding Management at Trail Bridge Reservoir

The Eugene Water & Electric Board (EWEB) requests proposals from Environmental firms interested in providing professional services for development and implementation of the Stranding Management Plan in Trail Bridge Reservoir at the Carmen-Smith Hydroelectric Project, located on the McKenzie River approximately 70 miles east of Eugene, Oregon.

Proposals shall be submitted to Sandra Hahn, Purchasing Analyst, Purchasing Office, Eugene Water &Electric Board, 4200 Roosevelt Blvd., Eugene, OR 97402, before 2:00 pm, August 24, 2021. Proposals will not be accepted after this hour and date.

RFP documents may be obtained by downloading the RFP documents from the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/ (For navigation help, please call 1-503-373-1774 or 1-503-373-2106.)

An optional Pre-Proposal Conference will be held at 11:00 AM PST, August 10, 2021, at the Carmen-Smith Project Office, 59727 HWY 126, McKenzie Bridge, OR 97413. The purpose of the conference is to discuss the work to be performed with the prospective proposers and allow them to ask questions concerning the RFP. Please RSVP Sandra Hahn at the above email and restrict attendance to one person per proposing firm.

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 4-0220(4)(H).

Date: July 28, 2021

Sandra Hahn, Purchasing Analyst https://oregonbuys.gov/bso/

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, Sandra Hahn, 4200 Roosevelt Blvd., Eugene, Oregon 97402.

Envelopes containing proposal protests shall be marked as follows:

RFP #21-125-PSC: REQUIREMENT(S) PROTEST

ATTN: SANDRA HAHN, PURCHASING DEPT

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 PRE-BID CONFERENCE

An optional Pre-Proposal Conference will be held at 11:00 AM PST, August 10, 2021, at the Carmen-Smith Project Office, 59727 HWY 126, McKenzie Bridge, OR 97413. The purpose of the conference is to discuss the work to be performed with the prospective proposers and allow them to ask questions concerning the RFP.

Please restrict attendance to one person per proposing firm. Please RSVP Sandra Hahn at the above email.

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(A) Proposals, containing a minimum of one (1) original signed proposal response including any addenda which require signature, and one (1) flash drive, shall be received by the EWEB Purchasing department prior to bid closing.

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

Eugene Water & Electric Board

RFP # 21-125-PSC Fish Stranding Mgt Attn: Sandra Hahn, 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 the Purchasing Analyst.

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:

• COVER SHEET with introduction of firm and the following:

o 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 o 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 proposer’s past performance.

• SECTION 5 – Response to All Evaluation Criteria

• SECTION 7 - Proposal Form

• ATTACHMENT B - Bidder Residency Information

• ATTACHMENT C – Sustainability Questionnaire

• ATTACHMENT D - Independent Contractor Certification

• ELECTRONIC COPY of all proposal documents (flash drive)

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. 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:

Mandatory Pre-Bid Conference August 10, 2021

Last Day for EWEB to Receive Questions from Proposers August 17, 2021

Last Day for EWEB to send Addenda August 19, 2021

Closing Date (last day to submit proposals to EWEB) Tuesday, August 24, Responses Evaluated / Shortlist Determined September 14th

In-Person Interviews / Presentations (If held) App September 22, Intent to Award Announcement September 23, 2021

Negotiations Complete October 8, 2021

Board Meeting November 2, 2021

Contract Award November 4, 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 non-contributory.

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

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. Professional Liability insurance (Errors and Omissions) With a minimum single limit of $2,000,000 to cover claims arising out of Contractor's professional services hereunder. This policy shall be maintained for a minimum of one (1) year after EWEB's acceptance of Contractor's work.

2.8 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 AND OBJECTIVES

The Eugene Water & Electric Board (EWEB) is a municipal utility and Licensee for the Carmen-Smith Hydroelectric Project (Project) on the McKenzie River, in Linn and Lane Counties, Oregon, approximately 70 miles east of the metropolitan area of Eugene/Springfield. The Project was completed in 1963 and operates under Federal Energy Regulatory Commission (FERC) license No. 2242.

The Project consists of a series of reservoirs and powerhouses starting with the Carmen Diversion Reservoir, which diverts water to the Smith Reservoir through a 2.1-mile-long diversion tunnel. A 1.3-mile-long power tunnel and 0.3-mile-long penstock deliver water from the Smith Reservoir to the Carmen Powerhouse - one of two hydroelectric generating facilities on the Project. The Carmen Powerhouse contains two vertical Francis units (Carmen Unit 1 and Unit 2) each equipped with a 55 MVA generator.

The powerhouse discharges into the re-regulating Trail Bridge Reservoir. Trail Bridge Dam and the associated spillway and powerhouse controls and maintains downstream flow in the McKenzie River. The Trail Bridge Powerhouse has a Kaplan unit and 10.5 MVA generator.

In 2016, as part of FERC relicensing for the Project, a Settlement Agreement (SA) an associated Aquatics Management Plan was negotiated with multiple Federal, State, Tribal and local entities, requiring EWEB to implement a fish stranding monitoring program and comply with a Stranding Standard for Trail Bridge Reservoir. FERC issued the Project a 40-year operating license on May 17, 2019 including the Stranding Program and Stranding Standard. As the re-regulating reservoir, Trail Bridge Reservoir can fluctuate up to 12 feet per day (varies by time of year) at down ramp rates up to 24 in/hr (varies by time of year), thus potentially stranding juvenile salmonids.

This Request for Proposals is soliciting proposals for the Stranding Program including:

1. Provide biological guidance and review to our engineering firm in the design of bank modifications to reduce stranding in three previously identified locations where stranding has been documented.

Design and carry out pre- and post-effectiveness monitoring of the bank modifications.

2. Retain an Expert Panel to review and comment on all aspects of the Study Plan and technical reports.

3. Develop a statistically rigorous Study Plan to monitor stranding in Trail Bridge Reservoir that includes:

(1) Production estimates of spring Chinook salmon from reservoir tributary streams,

(2) a design for detecting stranded fish and estimating the percent of production stranded,

4. Conduct annual stranding surveys for 5 years, ,

5. Provide recommendations to EWEB concerning potential actions if the rate of stranding exceeds the

Stranding Standard.

EWEB will consider proposals from qualified consultants, either singly, or in a team, who can fulfill all of the services for both development and implementation of the Stranding Program as a single contract.

Design of the bank modifications will be completed by JACOBS Engineering and the earthwork/construction will be completed by Wildish Building Company. Our selection will be based solely on our evaluation of what is in the best interest of EWEB.

Consulting services will be a multi-year effort and include a study design, bank modification design support, bank modification effectiveness monitoring, on-site support during bank modification earthwork/construction, and annual stranding surveys for at least five years.

3.2 OBJECTIVES

EWEB considers the following general objectives important for successful project completion:

A. Development and design of study:

• A collaborative, team-oriented development process which solicits input from Owner’s environmental, operations, engineering, and management personnel is established and maintained for the project duration.

• Open, collaborative communication with the Fish Working Group (FWG) and other Federal, State and local environmental review agencies is maintained throughout the project duration.

• Opportunities to innovate or increase efficiency or functionality are identified and implemented as appropriate.

• Internal and external (FWG, FERC) study design approval processes are completed within expected timeframes.

B. Implementation:

• Scope of work requirements are clear, well documented, and implementation change orders are minimized.

• No injuries occur during the project.

• Project sequencing and field studies minimize adverse impacts on generation, environmental and recreational resources.

• Project records, study designs, study reports and other deliverables are complete, organized, and available within contract required deadlines.

• Annual surveys are conducted safely, in coordination with Owner’s representatives, and in adherence to the approved Study Plan.

• The Project is completed within schedule and budget constraints.

3.3 LENGTH OF CONTRACT

The length of the CONTRACT will be from the date of award, approximately November 3, 2021, and will last through approximately 2026, with a mutual option to renew for up to 5 additional years,

3.4 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Consultant’s business location and the Carmen-Smith Project, 59727 HWY 126, McKenzie Bridge, OR 97413.

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

3.5 RESERVED.

3.6 GENERAL

Contractor performance is based on deliverable products and outcomes (“Deliverables”). The selected Proposer and EWEB will negotiate the final Scope of Work, staffing requirements, deliverables, deliverable schedule, and total compensation after proposal review, selection of the most qualified consultants, and final negotiation with the Finalist. Work will be authorized by issuing a Personal Services Contract to the Consultant, consistent with EWEB’s standard contracting policies for engineering and related services. A general contract will be executed with the successful proposer, followed by individual Task Orders.

Compensation for all Task Orders shall be on the basis of Time and Materials Not To Exceed based on consultants final approved Breakdown of Costs (BOC).

The preliminary Scope of Work for individual Task Orders is provided below. A sample Task Order form is provided as Exhibit 2. Additional Task Orders for work related to the Fish Stranding Plan identified herein and/or required by the November 2016 Amended and Restated Settlement Agreement (SA) and May 19, 2019 License may be negotiated and executed at the discretion of EWEB.

Each of the Task Orders following are considered as stand-alone projects, however, EWEB expects the consultant to create standard document templates, materials, and methods that can be used across multiple Task Orders where applicable. EWEB also expects consultants to re-use existing technical specifications, environmental and geotechnical investigations, and other existing documentation to the maximum extent possible. Consultant’s approach to minimizing re-investigations, and efficiently and cost effectively re-using existing information is a key evaluation and selection criteria for this RFP.

3.7 PROFESSIONAL SERVICES

3.7.1 PLANNED CONSULTANT SERVICES AND

Task Order SP-1: Stranding Management Plan & Schedule: A general location map is provided in Exhibit 3.

The components of this Task are broadly contained in Section 4.4.2 of the Amended and Restated Aquatics Management Plan (AMP, Exhibit #4). Consultant services for this Task Order are anticipated to include an overall Plan and Schedule for the Stranding Program including:

1. A proposal to shift the modifications of PSZ 15 (AMP Section 4.4.2.6) from an up-front action to a potential Preventative Measure as described in AMP Section 4.4.2.7. The modifications to PSZ 15 are extensive, require a significant reservoir draw down, and impact the impervious blanket upstream of Trail Bridge Dam. EWEB believes the 2% Stranding Standard will be achieved without this modification.

2. Preliminary program schedules for:

i. Bank modification design and implementation (bank modification design is being completed under a separate engineering contract and may take up to 18 months from start to completion of review and acceptance by FERC),

ii. Pre and post-evaluation plan of bank modifications

iii. Forming the Expert Panel

iv. Study Plan development, consultation, and submission to FERC.

3. Completion of final Plan and Schedule including description of internal and external study design review processes.

4. Coordination with/assistance to EWEB staff for preparation of Plan and Schedule and consultation with the FWG for #1 above.

Task Order SP-2: Provide Biological Guidance for Bank Modification Design: A general location map is provided in Exhibit 3. The components of this Task are contained in AMP Section 4.4.2.5 (Exhibit #4).

Consultant services for this Task Order are anticipated to include working cooperatively with EWEB’s engineering design firm to produce intermediate and final drawings of modifications to reservoir banks in Potential Stranding Zone (PSZ) 4 and PSZ 7. Collection and reporting of substrate composition and environmental condition of areas to be modified. Final drawings describing location, extent, depth, substrate modification, final slopes, access points and routes, limited permitting support services (permit applications will be done by EWEB), cost estimating, bid phase support services, and construction phase support services are primarily the responsibility of EWEB’s engineering design firm, with secondary support from the Consultant.

Design Services Guidance are expected to include:

1. Completion of substrate evaluations for each of PSZ 4 and 7 with a report to EWEB’s engineering design firm and the FWG.

2. Provide input and assistance to EWEB’s engineering design firm for intermediate (e.g. 30%, 60%, 90%) and final designs including internal and external design review processes.

3. Coordination with/assistance to EWEB staff for discussions, design review workshops, supplemental investigations and reports as needed to solicit and obtain FWG and FERC approval of consultant’s designs.

Construction Phase support services are expected to include:

1. Submittal review, response, and approval as needed.

2. Attendance at and participation in weekly construction meetings as needed.

Task Order SP-3: Expert Review Panel: General direction for this Task is contained in AMP Section 4.4.2.9

(Exhibit #4). Consultant services for this Task Order are anticipated to include proposing and retaining a panel of 2-3 experts to review all aspects of the Stranding Study Plan (Task Order SP-4). The panel will have expertise in fish stranding, fish population monitoring, and experimental sampling design and analysis.

Professional Services are expected to include:

1. Experts will be sub-contracted to Consultant.

2. Experts will review and comment on all drafts of the Study Plan (Task Order SP-4) and all draft technical reports.

3. Manage, with EWEB assistance, communication between the Expert Panel and the FWG.

Task Order SP-4: Stranding Study Plan Development and Implementation: The components of this Task are detailed in AMP Section 4.4.2.9 (Exhibit #4). Consultant services for this Task Order are anticipated to include development of detailed and statistically robust studies for Chinook production estimation, stranding survey methodology including study design and analytical methods and implementation of the Study Plan and evaluation of stranding in Trail Bridge Reservoir.

Professional Services are expected to include:

1. Completion of the final Study Plan final including Expert Panel, internal and external review processes.

2. Coordination with/assistance to EWEB staff for preparation of Study Plan submittals to the

FWG for review/approval, and then final submittal to the FERC.

3. Meetings, discussions, design review workshops, supplemental investigations and reports as needed to solicit and obtain FWG and FERC approval.

4. Refinement of the study methodology (AMP Section 4.4.2.9 1) if necessary, in consultation with the Expert Panel, EWEB, and the FWG.

Implementation services are expected to include:

1. Adherence to the Stranding Study Plan as approved by the FWG.

2. Regular updates of findings to EWEB and the FWG.

3. Review of methods and incorporation of refinements from #4 above.

4. Preparation of annual study report and presentation to the Expert Panel and FWG.

Task Order SP-5: Develop Actions to Further Reduce Stranding (conditional task order): This Task will be to respond, if needed, to results of stranding in excess of the Stranding Standard as described in AMP Section 4.4.2.2 (Exhibit #4). Consultant services for this Task Order are broadly covered in Section

4.4.2.7 and are anticipated to include proposing steps to address stranding in excess of the Stranding Standard.

3.8 PRELIMINARY SCHEDULE OF ACTIVITIES

Contract Award Milestones

1. Board Approval - General Contract and Task Orders November 2, 2021

2. Notice(s) To Proceed –Task Orders November 3, 2021

Stranding Program Milestones

1. Complete Task Order SP-1 November 2022

2. Complete Task Order SP-2 November 2022

3. Complete Task Order SP-3 February 2023

4. Complete Task Order SP-4 TBD

4. MINIMUM QUALIFICATIONS AND REQUIREMENTS (PASS/FAIL)

Minimum Qualifications and Requirements (Pass/Fail)

Following are the Minimum Qualifications and Requirements that shall be met by all Proposers. Proposers shall respond to each of the Minimum Qualifications and Requirements in writing, in a brief and concise manner.

Response to the minimum Qualifications and Requirements will not receive point values but shall be evaluated on a pass or fail basis. Only Proposers that meet all of the minimum Qualifications and Requirements will be evaluated on the scored Evaluation Criteria (Section 8) where point values shall be awarded. EWEB does not pre-qualify proposers; your proposal must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

The following criteria will be considered on a pass or fail basis. Each criterion must pass in order for a Proposal to be reviewed and scored by the evaluation team:

4.1 The Proposer must demonstrate a minimum of 10 years of experience working on projects requiring consultation with federal and state regulatory agencies (e.g. Federal Energy Regulatory Commission, US Fish and Wildlife Service, National Marine Fisheries Service, USDA Forest Service, Oregon Department of Fish and Wildlife, and/or Oregon Department of Environmental Quality).

4.2 The Proposer must have experience developing and implementing ecological transect and plot studies. The proposer must have experience with presence/absence surveys and demonstrate statistical knowledge of probability determination, including detection efficiency, and detection bias controls. The proposer must demonstrate 10 years of experience in the safe capture and handling of ESA listed species using outmigrant traps (e.g. rotary screw trap).

5. EVALUATION CRITERIA

This is Tier One of a Multiple-Tiered evaluation process. Written Proposals will be evaluated in this step and scoring will be based on Proposer’s qualifications and experience as described below:

The following illustrates the point system for this RFP:

Key Criteria Possible Points

Tier 1 Minimum Qualifications Pass / No Pass

Tier 2 Initial Evaluation:

Project Understanding 20 Project Approach 30 Project Team Qualifications & Experience 25 Project Management Strategy 15 Rate Sheet Evaluation 10

Total Written Points 100

Tier 3 EWEB-Optional Interview Process (Shortlisted Proposers only):

Interviews (written scores re-visited and finalized)

Maximum Possible Points 100

5.1 Project Understanding (20 points)

Provide a summary of your firm’s understanding of EWEB’s need for bank modifications and monitoring stranding in Trail Bridge Reservoir, such as:

a. Key components of the bank modification portion of the project.

b. Physical setting and understanding of the purpose and expected outcomes of bank modifications.

c. Key components of the stranding monitoring portion of the project.

d. Regulatory setting and regulatory constraints.

e. Operational setting and operational constraints and impacts.

f. Key performance criteria that will govern the project.

g. Any issues requiring coordination of design and/or implementation between the Stranding Program and fish habitat enhancement projects, fish passage construction, flow release structure design and construction, and Project operations (flow and reservoir elevation management).

h. How the bank modification construction timeline fits into the overall Stranding Study schedule.

i. External Agency coordination and approvals during Stranding Plan and Study Plan development, Expert Panel formation, and monitoring implementation.

5.2 Project Approach (30 Points)

5.2.1 Based on your project understanding above, describe your proposed approach to achieving EWEB and Agency approval of the Study Plan. To the extent feasible, your approach description should include how you will:

a. Gather necessary information, assign and perform study design tasks, assign and perform internal reviews, distribute documents for external (EWEB, Expert Panel, and Agency) review, and document and resolve Study Plan review comments.

b. Identify and resolve possible challenges or roadblocks to timely implementation and completion of the project.

c. Enhance external (Expert Panel and Agency) coordination and improve external (EWEB and Agency) design/document review cycles.

d. Maintain consistency of surveys over the contract period.

e. Manage meetings.

f. Summarize survey results.

g. Minimize cost and schedule overrun risks, and in general bring the project in on-time and within budget.

5.2.2 Provide a simplified preliminary schedule and short discussion representing Proposer’s best estimate of the timeline necessary to complete the task orders as stated in Section 3 above and in the Settlement Agreement Section 4.4.2, specifically 1) include 18 months as placeholder for bank modification design, 2) retaining the Expert Panel, 3) development and implementation of the Stranding Study Plan described in the Settlement Agreement Section 4.4.2.9 and . The simplified schedule and discussion does not need to match the timeline embedded in the Settlement Agreement or presented herein, i.e., we are interested in your appraisal of the Settlement Agreement timeline and opportunities to realistically move completion dates forward in time without creating undue burden.

5.3 Project Team Qualifications and Experience (25 Points)

5.3.1 Clearly identify each key team member and what subject areas they will be responsible for. For each key team member, include an experience summary with the following information, as applicable:

a. Anticipated role and title / position classification.

b. Years of experience, both hydroelectric facility related and non-hydroelectric facility related.

c. Brief descriptions of similar projects assigned to over the past 10 years.

d. Current and projected future workload, by project, including percentage of time that will be dedicated to this project.

e. Designated office location for travel and mileage expense accrual.

f. Resumes of key personnel are required. Resumes of other staff are optional. Include all resumes within an appendix to the proposal.

g. Identify by name the overall proposed Project Manager who will be the point of contact for the

EWEB Project Manager. (note: This key person must be an employee of the proposing firm.)

h. One key person shall be listed as responsible for stranding study design.

i. One key person shall be listed as responsible for overseeing field activities (a separate key person may be assigned to separate field activities e.g. rotary trap operation and stranding surveys).

j. One key person shall be listed as responsible for statistical analysis of Chinook production estimates and estimating the stranding rate.

5.3.2 Describe any unique or specialized knowledge or experience of team members that may be of potential benefit to the project. (Note: This could be technical or non-technical, personal or employment related)

5.3.3 Provide your firm’s/team’s transition plan for backfilling or replacing named key personnel. (Note:

Terms and Conditions of the contract give EWEB prior approval over key person replacements).

5.4 Project Management Strategy (15 points)

a. Describe the firm’s/team’s approach to the division of project management responsibilities between Consultant/Proposer and sub-consultants. Explicitly state under what terms and to what extent sub-consultant personnel will charge to a Project Manager labor classification on this project.

b. Describe proposed processes, forms, software, web capabilities, and/or other techniques that will be used to track consultants and sub-consultants budget, schedule, and progress toward completion.

Describe procedures used to identify and correct schedule slippage and budget overages.

c. Describe proposed processes, forms, software, web capabilities, and/or other techniques that will be used to transmit documents for review, to track and resolve review comments, and to communicate updates and progress with EWEB Project Manager.

d. Describe how you will manage quality control during implementation of stranding surveys.

e. Describe how you will manage changes in scope and unanticipated project delays.

5.5 Rate Sheet Evaluation (10 Points)

For each Category in the Rate Sheet Schedule below, provide rates for all staff proposed for the project. USE

THE CATEGORIES PROVIDED AND BEST FIT YOUR FIRMS’ POSITIONS. DO NOT ADD OR DELETE CATEGORIES.

On a separate page, provide qualifications and descriptions for each Category. Keep the qualification and descriptions brief. The descriptions should highlight differences and similarities among different levels within the same discipline (e.g. Lead Biologist vs. Field Supervisor vs. Biologist).

Principal and Administration categories are for EWEB information purposes only; as they typically comprise a small portion of costs they will not be included in the ranking.

RATE SHEET SCHEDULE:

Category Proposer $ Rate per Hour 1 Project Manager 2 Lead/Senior/Principal Biologist 3 Lead/Senior/Principal Statistician 4 Field Supervisor 5 Biologist/Statistician 6 Field Staff/Technician

Principal* Administrative*

*For informational purpose only – Not scored.

Categories will not be weighted. Any categories that are left blank will not be counted, however please note that the rates will be contracted as submitted, if awarded. Rate proposals will be compared to all other Proposers’ rates. As a result, points for each Category rate proposed will be awarded as follows:

The lowest rate proposed will be awarded 10 points for that category.

The variance between the highest rate and lowest rate will be divided into 4 quartiles.

Points awarded:

1st quartile closest to lowest rate proposed = 8 points 2nd quartile = 6 points 3rd quartile = 4 points 4th quartile = 2 points

Points for all categories will be averaged for the final rate sheet score of up to 10 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 / Interviews

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.

Potential Interviews - EWEB may elect to hold interviews to help clarify / refine Proposer qualifications and revise and finalize the Proposers’ scores but reserves the right to select a Finalist upon scoring the written responses. If interviews are held, EWEB estimates they will be held in person in Eugene, OR during the week of September 20, 2021 and currently targeting September 22nd specifically.

6.6 Evaluation Process

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…