21-136-S Hazard Fuels Managment Solicitation 1.doc.pdf

ITB 21-136-S Hazard Fuels Management

Rev 4/22/16

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF SERVICES

Bid No.: 21-136-S Closing Date: Tuesday August 24, 2021 Time: 2:00 PM PT

Description: Hazard Fuels Management

Contract Specialist: Gina Dally Phone: (541) 685-7132 Fax: (541) 685-7501 Purchasing Analyst email: gina.dally@eweb.org

This is a COMPETITIVE SEALED PROCUREMENT. NO FAXED BIDS will be allowed.

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

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE ATTN. GINA DALLY

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 Gina Dally.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the EWEB Purchasing Office, and the contact person is the Contract Specialist listed above, unless otherwise stated in Part 2 “Special Terms and Conditions”. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Contract Specialist 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 Bidders”.

TABLE OF CONTENTS

Section Description Page

Legal Advertisement

1 Instructions to Bidders

2 Insurance Requirements - See Sample Contract Exhibit A

3 Sustainability

4 Scope of Work

5 Bid Form

Attachments

A Standard Terms and Conditions – See Sample Contract Exhibit A

B Bidder Residency Information

C Sustainability Questionnaire

Exhibits

A Sample Contract with Standard Terms & Conditions B FEMA Contract Provisions

D Independent Contractor 20

LEGAL ADVERTISEMENT

21-136-S Hazard Fuels Management

The Eugene Water & Electric Board (EWEB) requests bids from contractors interested in providing Hazard Fuels Management.

Bids shall be submitted to Gina Dally, Contract Specialist, Purchasing Office, 2nd Floor, Roosevelt Operations Center, 4200 Roosevelt Blvd, before, 2:00 PM, August 24, 2021. Bids will not be accepted after this hour and date.

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

https://oregonbuys.gov/bso/ (For navigation help, contact the Contract Specialist.)

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

No bid 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 Invitation to Bid; and may reject any or all bids pursuant to EWEB Rule 3-0640.

Dated this 10th day of August 2021

Gina Dally Contract Specialist https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

1. INSTRUCTIONS TO BIDDERS

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

BID PREPARATION

The Eugene Water & Electric Board's environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, EWEB encourages the bidder to submit their bid using materials (i.e. paper, dividers, binders, brochures, supplemental information, etc.) that contain postconsumer recycled content and are readily recyclable. Use of materials that cannot be readily recycled, such as PVC (vinyl) binders, spiral bindings, plastic or glossy covers and/or dividers is discouraged. Further, bidders are strongly encouraged to duplex print whenever possible. Color printing is acceptable, but not required unless content will not display correctly.

1.1 BID FORMAT

Bids shall be typewritten or prepared in ink and shall be submitted on the form provided in the Invitation to Bid. No oral, telegraphic, electronic, or telephone bids shall be accepted.

1.2 CONFORMANCE TO BID REQUIREMENTS

Bids shall conform to the requirements of the Invitation to Bid. All necessary attachments (recycled products certification, non-collusion certification, descriptive literature, etc.) shall be submitted with the bid and in the required format. Bid prices shall be for the unit indicated on the bid. Failure to comply with all requirements may result in bid rejection.

1.3 PRODUCT IDENTIFICATION

Bidders shall clearly identify all products bid. Brand name and model or number shall be shown. EWEB reserves the right to reject any bid when the product information submitted with the bid is incomplete.

1.4 PROTEST OF SPECIFICATIONS OR CONTRACT TERMS / REQUEST FOR CHANGE

A Bidder who believes that the procurement process is contrary to law, or that the solicitation is unnecessarily restrictive in that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of EWEB, or the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or the solicitation improperly specifies a brand name as defined in ORS 279B.200, may submit a protest, in writing, to: Eugene Water & Electric Board, via email to gina.dally@eweb.org. To be considered, protests shall be received no later than Tuesday, August 17, 2021 at 2:00 PM PT.

The right to protest bid specifications and/or contract terms is provided in EWEB Rule 3-0700, as a provision for "checks and balances" on the ITB. The EWEB Purchasing department shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via addenda to all bidders.

Envelopes containing bid protests shall be marked as follows:

BID SPECIFICATION PROTEST

BID NUMBER, CLOSING DATE

Protest of technical or contractual requirements shall include the reason for protest, any and all evidence and documented, factual information that supports bidder’s protest, and any proposed changes to the requirements.

Bidders must exhaust all administrative remedies before seeking judicial review.

1.5 SIGNATURE ON BID

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

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

1.6 RESERVED

BID SUBMISSION

1.7 BID SUBMISSION

(A) Sealed bids, containing a minimum of one (1) original signed bid response including any addenda which require signature, and one (1) USB, shall be received and date and time-stamped by the EWEB Purchasing department prior to bid closing. No bid received after bid closing date and time shall be considered. To ensure that your bid receives priority treatment within our mailing system, your bid should be labeled with the following information:

BID #21-136-S, 9/7/21, 2:00 PM

EUGENE WATER & ELECTRIC BOARD

PURCHASING ATTN GINA DALLY

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 Gina Dally.

EWEB is not responsible for bids submitted in any manner, format or to any delivery point other than as required by the Solicitation Document

(B) REQUIRED PAGES

Bidder MUST complete, sign, and return the following pages with their bid response:

• Section 5 - Bid Form

• Attachment B - Bidder Residency Information

• Attachment C - Recycled Products Certification

• Sustainability Questionnaire

1.8 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 bidding documents will be made in the form of Addenda. The Bidder is responsible for ensuring that all addenda have been received and are acknowledged in their Bid Response. All addenda can be obtained electronically at the State of Oregon's bid site: https://oregonbuys.gov/bso. As a courtesy, EWEB may send addenda to registered Bidders by e-mail.

1.9 BID MODIFICATION

Modifications or erasures made before bid submission shall be initialed by the person signing the bid. Bids, once submitted, may be modified in writing before the time and date set for bid 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 bid submissions and any other prior bid modifications. Bid modifications shall be submitted in a sealed envelope clearly marked “Bid Modification,” identifying the bid number and closing date and time. Bidders may not modify bids after bid closing date and time.

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

1.11 BID OPENING: Bids received in response to this Invitation to Bid shall be publicly opened at the scheduled closing date and time at the EWEB Purchasing department located at 4200 Roosevelt Blvd, Eugene, Oregon 97401. Bidders who attend the bid opening shall be informed only of the names of Bidders submitting bids and the total bid price. No other information shall be available at that time. Award decisions will NOT be made at the opening.

1.12 METHOD OF BIDDING

Bidders shall state the total cost (Lump Sum) for all travel, labor, equipment, materials, and expenses required to perform the Work as described in this Invitation to Bid.

Bidders shall bid in the space(s) provided all information required on the Bid Form. Failure to do so may result in bid rejection.

1.13 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.4 PROTEST OF SPECIFICATIONS OR CONTRACT TERMS / REQUEST FOR CHANGE. Exceptions submitted with your bid, or in any manner other than the process provided herein, may cause your bid to be ruled non-responsive and rejected.

1.14 ALTERNATE PROPOSALS

Bidders may submit more than one offer. All offers must comply with the requirements of the ITB except that additional offers may incorporate, by reference, repetitive information which is provided in the complete offer.

1.15 PROPRIETARY DATA/PUBLIC RECORD

This Invitation to bid, 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 bid 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 bid may depend upon official or judicial determinations made pursuant to the Public Records Law.

https://oregonbuys.gov/bso https://oregonbuys.gov/bso

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

BID EVALUATION & AWARD

1.16 METHOD OF AWARD

Award shall be made to the lowest responsive and responsible bidder for the total of the items selected for award. Award shall be made to one bidder and one bidder only. EWEB reserves the right to withdraw any item(s) from award consideration if it is in the best interest of EWEB to do so.

1.17 RECIPROCAL PREFERENCE

In determining the “lowest responsible Bidder,” EWEB adds a percentage increase to each out-of-state Bidder’s bid price that is equal to the percentage given to local Bidders in that Bidder’s home state. For example, if the “lowest responsible Bidder” is from a state that grants a 10 percent preference to local Bidders, EWEB will add 10 percent to that Bidder’s price when evaluating the bid.

1.18 MINIMUM REQUIREMENTS: Evaluation of bids will be based on minimum requirements established by the Technical Specifications / Statement of Work, if any, and compliance with the terms and conditions of the Invitation to Bid.

1.19 INVESTIGATION OF REFERENCES

EWEB reserves the right to investigate the references and the past performance of any Bidder with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. EWEB may postpone the award or execution of the contract after the announcement of the apparent successful Bidder in order to complete its investigation. EWEB reserves the right to reject any bid response or to reject all bid responses at any time prior to EWEB’s execution of contract, upon good cause and upon EWEB finding that it is in the public interest.

1.20 PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS

Due to limited resources, EWEB generally will not completely review or analyze any bid response which on its face fails to comply with the requirements of the bid documents or which clearly is not the best bid, nor will EWEB generally investigate the references or qualifications of those who submit such bid responses.

Therefore, neither the release of a Bidder’s bid bond, the return of a bid response, nor acknowledgment that the selection is complete shall operate as a representation by EWEB that a response was complete, sufficient, or lawful in any respect.

1.21 TIME FOR ACCEPTANCE

Bids shall be valid and binding offers for a period of thirty (30) days from the closing date (unless otherwise specified in the solicitation document) and may not be modified or withdrawn after the closing date and time.

1.22 BID RESULTS

To obtain bid results, notes may be taken at the public reading of the bid or a personal inspection may be made of the bid files at a later date, BY APPOINTMENT. Bid tabulations may be obtained electronically at:

the State of Oregon's bid site ("ORPIN"): https://orpin.oregon.gov. (For navigation help, contact the Purchasing Analyst.). EWEB may, as a courtesy, provide the notification of intent to award to all participating bidders.

1.23 PROTEST OF AWARD (EWEB Rule 3-0740)

A bidder may protest the award or intent to award a contract if: The bidder is adversely affected because the bidder would be eligible to be awarded the contract in the event that the protest were successful; and the reason for the protest is that all lower bids are nonresponsive; or EWEB has failed to conduct the evaluation of bids in accordance with the criteria or processes described in the solicitation document; or EWEB has abused its discretion in rejecting the protestor's bid as nonresponsive; or EWEB's evaluation of bids or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

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

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract. EWEB will not consider late protests.

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

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

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

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

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

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

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

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

1.24 BID REJECTION

EWEB reserves the right to reject any and all bids pursuant to EWEB Rule 3-0640.

1.25 CONTRACT NEGOTIATIONS

EWEB will begin negotiating a Contract with the lowest responsive and responsible bidder. 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 bid response

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the lowest responsive and responsible bidder 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 lowest responsive and responsible bidder, and continue the process until EWEB has determined to award the contract to the bidder 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.

1.26 COMMENCEMENT OF WORK

Contractor shall commence no work under this contract until all certificates of insurance, as required in Section 3 - Insurance Requirements, have been provided and a Notice to Proceed or a Purchase Order has been issued by EWEB.

2. INSURANCE REQUIREMENTS - SEE EXHIBIT A

3. SUSTAINABILITY

EWEB is interested in products and services that have a reduced impact on human health and the environment, make the most efficient use of natural resources, 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 EWEB policy and plans, please contact EWEB’s Purchasing Office at 541-685-7500. The awarded offeror will be expected to support EWEB’s goals by implementing the following strategies where applicable.

3.1 WASTE REDUCTION

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

3.1.1 Packaging for goods that is unnecessary beyond packaging compliance or practical safe shipping methods shall be reduced. Offeror to ship goods using one or more of the following methods:

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

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

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

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

e. No point of purchase material or promotional literature.

3.1.2 The awarded offeror is to duplex all paper materials that are prepared for EWEB 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.

3.2 FUEL REDUCTION

3.2.1 EWEB expects suppliers to review the manufacturing process for increased efficiency overtime.

Shipping should be routed efficiently with efforts made to ship in the shortest and most efficient route. EWEB prefers to receive shipments in full rather than receiving multiple shipments.

3.2.2 In the interest of reducing air and noise pollution, greenhouse gas emissions 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:

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

b. 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.)

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

3.3 ENVIRONMENTALLY PREFERRED PRODUCTS

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

3.3.1 The awarded offeror 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

• Non-toxic, non-bio accumulative

• 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 Eco Logo or ENERGY

STAR.

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

3.4 SOCIAL EQUITY

3.4.1 EWEB supports the use of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF) at both a prime and subcontracting and/or supply chain level. EWEB encourages the awarded offeror to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses as applicable:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Oregon State Office of Minority, Women and Emerging Small Business (OMWESB) by visiting their website at: http://www4.cbs.state.or.us/ex/dir/omwesb/

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website at http://dasapp.oregon.gov/qrf/index.aspx to search for Qualified Rehabilitation Facilities from whom to procure products or services.

3.4.2 EWEB supports the use of safe products to protect the lives of the contractor, sub-contractors, and EWEB employees. Suppliers of products must meet local fire, EPA, and OSHA requirements.

http://www4.cbs.state.or.us/ex/dir/omwesb/ http://dasapp.oregon.gov/qrf/index.aspx

4. SCOPE OF WORK

4.1 OVERVIEW

EWEB requires services to provide hazard tree removal and large-scale fuels treatment using heavy equipment on a select portion of private properties enrolled in the Pure Water Partners (PWP) program within the fire affected in the McKenzie Watershed. These project sites are between 25 and 70 miles upriver from the Eugene city limits.

The PWP workflow that will assign work to the successful contractor(s) is as follows:

• PWP surveyor will assess the private property and map work units using ArcGIS Collector application and Survey123.

• Property owner will sign a 7-year agreement with EWEB to allow access and to conduct the agreed to work.

• The PWP project manager will push this work out to the contractor using the ArcGIS Workforce application built on Survey123.

• Once the work is completed the contractor completes the form and/or electronic notification provided that indicates to the project manager that the job has been completed and is ready for inspection.

As a result, the Contractor will need to have an ArcGIS Online subscription with ESRI (see Qualifications/Requirements below for specifics).

4.2 QUALIFICATIONS/REQUIREMENTS

EWEB requires a Contractor with a minimum of Five (5) years of experience in hazard tree removal, chipping shredding, use of masticator, and other heavy equipment to manage vegetation on a larger scale project.

Contractor will demonstrate past projects that required similar skills and endurance (Attachment - H) Contactor shall supervise the work, and provide qualified equipment operators and fallers, all tools, materials, equipment, and transportation required to perform the Work.

Contractor shall be responsible for the preservation of all public and private property along and adjacent to the Work contemplated under the Contract and shall use every precaution necessary to prevent damage thereto.

In the event the Contractor damages any property, the Contractor shall at once notify the property owner and the PWP project manager, and make, or arrange to make, full restitution. Contractor shall report, immediately in writing, to the Owner's Authorized Representative, all pertinent facts relating to such property damage and the ultimate disposition of the claim for damage.

Contractor will need to have an ArcGIS Online Field Worker subscription with ESRI ($350/year) to be able to receive work assignments and indicate when work has been completed (see https://www.esri.com/en-us/arcgis/products/arcgis-online/buy ).

Contractor shall provide due diligence in working with State or local regulatory agencies to follow any specific rule, statute, notification processes, or fire season requirements while performing the work under this contract.

https://www.esri.com/en-us/arcgis/products/arcgis-online/buy https://www.esri.com/en-us/arcgis/products/arcgis-online/buy

In addition, Contractor is required to have certain Special Equipment. Special Equipment required may include some the following (make and model must be listed):

• Industrial chipper

• Excavator(s)

• Log loader

• Skidder

• Articulated off-road dump truck

• Dump truck

• Log truck(s)

• Water truck

4.3 SCOPE OF WORK

EWEB and the PWP team will be assessing private properties enrolled in the PWP program to identify fire fuels problem areas that require treatment and hazard trees that should be removed. Work activities on public or private property may include the following tasks.

1. Chipping/Shredding of slash piles

2. Removal of trees for salvage

3. Large areas needing vegetation/underbrush removal

4. Placing Chipping/Shredding materials in areas for erosion control

5. Removal of woody debris from property

6. Transport of large wood material to stockpile locations

EWEB and the PWP team are working with hundreds of private property owners within the Holiday Farm Fire impacted area and anticipate that fuels treatments and hazard tree removal activities will be conducted on a portion of these properties that vary in size, accessibility, and location. As a result, mobilization costs to perform the work will be negotiated on a project-by-project basis. EWEB and the PWP team will strive to bundle projects within similar locations to reduce mobilization costs and gain efficiencies in performing the work.

Disposal of materials: where vegetation requires removal from worksite, Contractor shall salvage, recycle, compost or mulch vegetation waste material at an approved site, if feasible and cost-effective.

5. BID FORM

The Undersigned hereby offers to furnish all travel, labor of qualified operators and fallers, equipment, and materials as necessary to perform the services described herein as Daily Service Rates* in strict accordance with the Bid Documents, and for the following amount(s).

*Daily Service Rate is based on an 8-hour workday

ITEM DESCRIPTION UNIT DAILY PRICE

1. Faller Single Hour $_______

2. Faller Pair Hour $_______

3. Traffic Control Crew Hour $_______

4. Other (specify) Hour $_______

TOTAL BID $________

Equipment needed to complete the work described in Section 4.0 shall be included in the table below and include the cost of the operator.

ITEM EQUIPMENT DESCRIPTION EQUIPMENT MAKE MODEL UNIT DAILY RATE

1. Day $_________

2. Day $_________

3. Day $_________

4. Day $_________

5. Day $_________

6. Day $_________

7. Day $_________

8. Day $_________

9. Day $_________

TOTAL BID $_________

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

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

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

SOLICITATION SIGNATURE

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

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

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

Check if not applicable or no addenda were received: ____

ASSURANCES:

The undersigned attests that they:

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

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

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

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

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

ORS 200.055.

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

• Arrived at the specifics of the bid, including price and amounts, independently and without communication or agreement with another Bidder, except as disclosed in a separately attached statement.

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

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

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

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

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

BIDDER INFORMATION:

Bidder Company Name

Company Address (from which product will be shipped or work will be performed)

Telephone Number FEDERAL TAX ID NUMBER

Person Signing ITB________________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________

Rev. 4-25-06

ATTACHMENT B

BIDDER RESIDENCY INFORMATION

ORS 279A.120 states, "For the purposes of awarding a public contract, a contracting agency shall":

(a) Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and

(b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.

“Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a “resident bidder” under this paragraph.

“Non-resident Bidder” means a Bidder who is not a “resident Bidder” as defined above

a. CHECK ONE: Bidder is a ( ) RESIDENT Bidder ( ) NON-RESIDENT Bidder.

b. If resident Bidder, enter your Oregon business address: (physical and mailing address)

c. If a non-resident Bidder, enter state of residency:

d. If a non-resident Bidder, do you or your Company receive, or are you or your Company eligible for any preference in award of contracts with your state’s government or with other governmental bodies in your state?

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: _________________%

If YES, but not a percentage of bid price, describe the preference:

If YES, state the law or regulation that allows the preference described (legal citation):

ATTACHMENT C

RECYCLED PRODUCTS CERTIFICATION

Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract set forth in this document. EWEB shall give preference to goods that are certified to be made from recycled materials if:

(a) The recycled product is available;

(b) The recycled product meets applicable standards;

(c) The recycled product can be substituted for a comparable non-recycled product; and

(d) The recycled product’s costs do not exceed the costs of non-recycled products by more than five percent, or a higher percentage if a written determination is made by EWEB. [2003 c.794 §17]

ORS 279A.010(gg) states “Recycled product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. “Recycled product” includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.

ORS 279A.010(s) states: “Post-consumer waste” means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. “Post-consumer waste” does not include manufacturing waste.

ORS 279A.010(hh) states: “Secondary waste materials” means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value.

“Secondary waste materials” includes post-consumer waste. “Secondary waste materials” does not include excess virgin resources of the manufacturing process. For paper, “secondary waste materials” does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

ORS 279A.010(ff) states: “Recycled PETE” means post-consumer polyethylene terephthalate material.

I, the undersigned duly authorized representative of the Bidder/Proposer, hereby certify that the products, if any, offered in this bid/proposal contain the following minimum percentages:

(NOTE: If product(s) bid contain no recycled materials, then write "0" in space(s) provided)

a) ________% (recycled product as defined in ORS 279A.010(gg));

b) ________% (post consumer waste as defined in ORS 279A..010(s));

c) ________% (secondary waste materials as defined in ORS 279A.010(hh));

d) ________% (recycled PETE product as defined in ORS 279A.010(ff));

Product Name: ___________________________________________________

Bid (line) Item No.: ______

It is the Bidder’s responsibility to provide additional signed copies of the Certification of Compliance for each (bid line) item which contains a different percentage of recycled materials than listed above.

Sustainability Questionnaire

Company Name: ______________________________________ Date: _________

The Supplier Sustainability Questionnaire must be completed and returned with your bid/proposal. This questionnaire is applicable to firms that provide services and/or goods. Responses can be up to 4 pages (see www.eweb.org/bids for a copy of the questionnaire in word format).

1. What policies or plans are in place to help decrease environmental or social impacts from your supply chain or manufacturer (if company is a distributor) such as decreasing use of toxic or hazardous products, efficient use of natural resources, reducing greenhouse gas emissions, waste reduction, and worker health and safety? Please provide links to documents. How does your company monitor and manage your supply chain with regard to environmental and social issues?

2. What type of sustainable packaging/shipping materials do you use, such as reusable, recycled content, or compostable materials? Does your company have a Zero Waste Plan; if so describe the progress your company has made to implement the plan. If you don’t use sustainable packaging please detail why not.

3. Does your company have transportation strategies to reduce fossil fuel, maintain local warehouses to shorten shipping distances and lead times, or combine shipments to receive economies of scale? If so, please include link or details of plan.

4. Has your company been cited in the last 5 years for non-compliance of any permits, rules or regulations pertaining to environmental, health and/or safety? If yes, please state the reason, and outcome of the citation including a description of the steps taken by your company to rectify the problem.

5. What programs do you have in place, or are planned for to increase resource efficiency such as reducing use of electric, water, labor or material resources?

6. Have the product(s) that you are bidding/proposing been certified by a third-party organization, such as Green Seal, Ecobiz, or ENERGY STAR. If yes, detail which ones and the relevant third party certification?

http://www.eweb.org/bids

Rev 5-8-20

ATTACHMENT D

CERTIFICATION STATEMENT FOR INDEPENDENT CONTRACTOR

(Contractor completes if Contractor is not a corporation)

Business Designation: Contractor is a Corporation [ ] OR (check one & complete form):

[ ] Professional Corporation [ ] Partnership [ ] Limited Partnership [ ] Limited Liability Company

[ ] Limited Liability Partnership [ ] Sole Proprietorship [ ] Other

A. CONTRACTOR IS INDEPENDENT CONTRACTOR.

Contractor certifies he/she meets the following standards:

1. I have filed federal and state income tax returns in the name of my business or a business Schedule C as part of the personal income tax return, for the previous year, or expect to file federal and state income tax returns, for labor or services performed as an independent contractor in the previous year.

2. I will furnish the tools or equipment necessary for the contracted labor or services.

3. I have the authority to hire and fire employees who perform the labor or services.

4. I represent to the public that the labor or services are to be provided by my independently established business as four (4) or more of the following circumstances exist. (Please check four or more of the following:)

A. The labor or services are primarily carried out at a location that is separate from my residence or is primarily carried out in a specific portion of my residence, which is set aside as the location of the business.

B. Commercial advertising or business cards are purchased for the business, or I have a trade association membership;

C. Telephone listing is used for the business that is separate from the personal residence listing.

D. Labor or services are performed only pursuant to written contracts.

E. Labor or services are performed for two or more different persons within a period of one year.

F. I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided.

Contractor Signature Date

Firm Name: ______________________________________________________________

(EWEB completes B below when Contractor completes Section A above.)

B. EWEB APPROVAL.

ORS 670.600. Independent Contractor standards. As used in various provisions of ORS chapters 316, 656, 657 and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an “independent contractor” if the standards of this section are met. EWEB certifies the contracted work meets the following standards:

1. The Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results.

2. The Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances.

3. The Contractor furnishes the tools or equipment necessary for the contracted labor or services.

4. The Contractor has the authority to hire and fire employees to perform the labor or services.

5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer.

EWEB Signature Date

JOB No.___________ PURCHASE ORDER No. _________

Services Contract

Hazard Fuels Management

Contract No. _______

By and between

Eugene Water & Electric Board and

Contractor

EXHIBIT 1

SC #xx-xxxx Description of Services

Rev. 4/15/20

This Contract is entered into by and between the Eugene Water & Electric Board, hereinafter called EWEB, and ________________________________, hereafter called Contractor.

WHEREAS, EWEB has need for the services of an independent contractor with the particular training, knowledge, and experience offered by the Contractor; and

WHEREAS, EWEB has negotiated the following agreement in Eugene, Oregon, and Contractor has agreed to deliver its services in Eugene, Oregon;

NOW THEREFORE, in consideration of a sum agreed to by the Parties, the Contractor agrees to perform the services as described in this Contract, in accordance with all requirements, terms and conditions of this contract, as set forth below:

1. Effective Date and Duration.

a. This Contract shall become effective on the date this Contract has been signed by every party hereto and, when executed by EWEB's Purchasing Supervisor. Unless terminated or extended, this Contract shall expire when EWEB accepts Contractor's performance, or on ___________________, 200__ whichever date occurs first. Expiration shall not extinguish or prejudice EWEB’s right to enforce this Contract with respect to any breach of a Contractor warranty or any default or defect in Contractor performance that has not been cured.

b. This Agreement will renew on the anniversary of the original contract execution date unless otherwise terminated in accordance with the early termination provisions herein. If Contractor does not agree to renew the Agreement for an additional term, Contractor must notify EWEB in writing within 90 days of the anniversary of the original contract execution date. The maximum term for this Agreement shall not exceed five (5) years.

2. Statement of Work.

The statement of work (the “Work”), including the delivery schedule for such Work and description of outcomes (“Deliverables”), is contained in Attachment E, The Scope of Work is defined in Section X of the solicitation, attached and incorporated by reference into this Contract. Contractor agrees to perform the Work in accordance with the terms and conditions of this Contract.

3. Consideration & Payments.

a. The maximum, not-to-exceed compensation payable to Contractor under this Contract (as established in the

Fee Schedule, Attachment F), which includes any allowable expenses, is

b. Interim payments to Contractor shall be made according to the following:

Invoices shall be submitted to EWEB's Project Manager / Contract Administrator and EWEB’s Accounts Payable at accountspayable@eweb.org for this Contract. EWEB's Project Manager / Contract Administrator is insert name.

The cost of the Work or Contractor services shall be determined by multiplying the number of Contractor hours for each Contractor employee multiplied by the applicable hourly billing rate identified in the Contract for that employee. The Contract establishes an estimated number of hours for Contractor to complete, and a total number of hours within which Contractor must complete all Work described in the Statement of Work. Contractor agrees that it is responsible for (a) performing the Work without exceeding the total number of hours allocated for the Work, and for (b) completing all work identified in the Statement of Work without exceeding the maximum not-to-exceed compensation stated in the Contract. If Contractor expends the total hours allocated for the Work in the Statement of Work, and expends the maximum not-to-exceed compensation stated in the Contract, but the Work is not complete or is not satisfactory, Contractor is responsible to complete the Work to EWEB's satisfaction without further compensation.

If the maximum compensation is expended before the project is complete, Contractor agrees to perform all necessary Work to complete the project and to deliver the required Deliverables without additional compensation.

Contractor shall not submit invoices for, and EWEB shall not pay any amount in excess of the maximum not-to-exceed compensation stated in the Contract. If this maximum amount is increased by amendment of this Contract, the amendment must be fully approved and executed before Contractor performs Work subject to the amendment. No payment will be made for any work performed or Deliverables, Developments or Work Products delivered before the beginning date or after the expiration date of this Contract, as it may be amended from time to time in accordance with its terms.

EWEB shall pay Contractor not more than once per month upon Contractor's submission of a sufficiently detailed invoice for Work performed and Deliverables, Developments or Work Products delivered to EWEB during that month.